NOTICE OF SALE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
MATTHEW J. IANNIELLO, JR.,
Under and by virtue of the power of sale contained in the Default Judgment Order entered on September 12, 2016 by the Honorable Paul W. Ridgeway, Superior Court Judge; default having been made in payment of the indebtedness thereby secured and the necessary findings to permit foreclosure having been made, the undersigned Commissioner will offer for sale at public auction to the highest bidder for cash at the WAKE County Courthouse, at 10:30 a.m. on Friday, October 28, 2016, the following property, more particularly described as follows:
Being the fifty per cent (50%) membership share interest of Defendant in Glenwood Ave. Gyms, LLC (hereinafter “the property”).
The current record owner(s) of the property is: Michael Rattenni
This sale will be made subject to: (1) all prior liens, encumbrances, or other restrictions of record affecting the property; (2) taxes and assessments for the year in which the sale occurs, as well as any prior years; and (3) any other encumbrances of record.
The property is being sold “as is”; neither the beneficiary, nor the Commissioner, makes any warranties or representations concerning the property being sold, nor does the undersigned make any warranties of title.
The highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance to be paid on the day following the expiration of the applicable ten (10) day upset bid period.
If the Commissioner is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Commissioner. If the validity of the sale is challenged by any party, the Commissioner, in his sole discretion, if he believes the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
This the 13th day of October, 2016.
NICHOLLS & CRAMPTON, P.A.
Adam M. Gottsegen, Commissioner
P.O. Box 18237
Raleigh, NC 27619
The Wake Forest Weekly
October 20, 27, 2016
- State News Today