NOTICE OF SALE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
11 SP 3829
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Durant Trails Homeowners Association, Inc., a North Carolina Corporation against, Thomas G. Dodd and Lynne P. Dodd Owners.
Lien Dated: 2/07/2011
Recorded as 11 M 904 in the Office of the Clerk of Superior Court.
Under and by virtue of the power and authority contained in the Declaration of Covenants, Conditions and Restrictions for Durant Trails, and pursuant to the provisions of Chapters 47 of the North Carolina General Statutes, and because of default in the payment of certain assessments secured by a Claim of Lien dated 2/07/2011 and recorded as 11 M 904 and pursuant to the Order of the Clerk of Superior Court for WAKE County, North Carolina, entered in this foreclosure proceeding, the undersigned Tina Frazier Pace, Commissioner, will expose for sale at public auction on June 4, 2015 at 1:00 p.m. at the usual and customary place for such sales at the WAKE County Courthouse, the following described real property (including the house and any other improvements thereon):
Being all of Lot 397, Durant Trails Subdivision, Phase III, Section 11-B, which is recorded in Map Book 1990, Page 301, Wake County Registry and previously recorded in Map Book 1989, Page 1289, Wake County Registry
Commonly known as: 9012 Tenderfoot Trail, Raleigh, NC 27615
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owner of the above-described real property as reflected on the records of the WAKE County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Thomas G. Dodd.
Pursuant to North Carolina General Statute §45-21.10(b), any successful bidder may be required to deposit with the Commissioner immediately upon conclusion of the sale, a cash deposit of five (5%) of the amount of the bid, or the sum of Seven Hundred Fifty Dollars ($750.00), whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statute §§45-21.30(d) and (e).
Pursuant to N.C.G.S. 45-21.16A(b), you are hereby notified that an order for possession of the property may be issued pursuant to N.C.G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court. Furthermore, any person who is occupying the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving this Notice of Sale, terminate the rental agreement upon ten (10) days written notice to the landlord. Upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
This sale will be held open ten (10) days for upset bids as required by law.
This the 23 day of April, 2015.
PLEASE TAKE NOTICE that if you have been granted a Discharge of Debtor pursuant to Section 727 of Title 11, United States Bankruptcy Code, or are currently under the protection of the Bankruptcy Court, then this attempt at collection is not directed to you personally, but is only an effort to secure the property which is subject to the lien of the Association Dues, or in the alternative, is an attempt to collect only post-bankruptcy assessments.
Tina Frazier Pace, Commissioner
NC State Bar No 20968
HATCH, LITTLE & BUNN, LLP
327 Hillsborough Street
P. O. Box 527
Raleigh, North Carolina 27602
The Wake Forest Weekly
May 21, 28, 2015
- State News Today