NOTICE OF SALE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
15 SP 1136
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Chesapeake Landing Condominium Association, Inc., a North Carolina Corporation against,
Luis Enrique Dominguez Rodriguez
Lien Dated: 10/31/2014
Recorded as 14 M 5526 in the Office of the Clerk of Superior Court.
Under and by virtue of the power and authority contained in the Declaration of Condominium of Chesapeake Landing Condominiums, 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 10/31/2014 and recorded as 14 M 5526 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, Trustee, will expose for sale at public auction on the 3/16/2016 at 2:00 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 Condominium Unit 113-LB, Phase VI, Building 7, in the Chesapeake Landing Condominiums, located in or near the Town of Cary, Wake County North Carolina, as designated and described in the Declaration of Unit Ownership under the provisions of Chapter 47A of the North Carolina General Statutes, (the 'Declaration') dated August 25th, 1986, recorded in Book 3807, Page 575, Wake County Registry, the First Amendment theretoduly recorded in Book 3848, Page 865, Wake County Registry, the Second Amendment thereto duly recorded in Book 3996, Page 607, Wake County Registry, the Third Amendment thereto duly recorded in Book 4255, Page 624, Wake County Registry, the Fourth Amendment thereto duly recorded in Book 4473, Page 615, Wake County Registry, and the Fifth Amendment thereto duly recorded in Book 4607, Page 581, Wake County Registry (see Condominium Plan, Condominium File #109, Wake County Registry, for plans) together with a 1.076 - percent total undivided interest in the Common Property and Facilities declared therein to be appurtenant to said Unit, said Unit's undivided interest being more particularly described in the Second Amendment to the Declaration referenced herein. The land upon which the building and improvements are located is situated in or near the Town of Cary, Wake County, North Carolina and is fully described in the Declaration, the Declaration being incorporated herein by reference
Commonly known as: 113 Abingdon Court, Apt. LB, Cary, NC 27513-3244
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 Luis Enrique Dominguez Rodriguez.
Pursuant to North Carolina General Statute §45-21.10(b), any successful bidder may be required to deposit with the Trustee 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 Trustee 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).
To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following:
a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold; and
b. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provided the notice of termination. Upon termination of a 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.
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.
This the 12 day of February 25, 2016, 2/25/16.
Tina Frazier Pace, Trustee
NC State Bar No 20968
HATCH, LITTLE & BUNN, LLP
327 Hillsborough Street
P. O. Box 527
Raleigh, North Carolina 27602
The Wake Forest Weekly
March 3, 10, 2016
- State News Today