STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
14 SP 1309
FORECLOSURE OF PROPERTY UNDER THAT DEED OF TRUST EXECUTED BY WINNIE REBECCA DEBNAM DATED AUGUST 31, 2007 AND RECORDED IN BOOK 12732, PAGE 2101, WAKE COUNTY REGISTRY
Under and by the virtue of the power of sale contained in that certain Deed of Trust made by Winnie Rebecca Debnam (hereafter the “Mortgagor”) to Bank of America, NA, dated August 31, 2007 and recorded in Book 12732, Page 2101, Wake County Registry, North Carolina, default having been made in the payment of the Note thereby secured by the above referenced Deed of Trust, the Mortgagor being made aware of that default and, Louis E. Wooten, III, having been duly substituted as Trustee of said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Wake County, North Carolina, in Book 15635, Page 1073 and the holder of the Note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the Substitute Trustee will offer for sale at the Wake County Courthouse, 316 Fayetteville Street, Raleigh, North Carolina 27601 at 10:00 A.M. on June 24, 2014, and will sell to the highest bidder for cash the following real estate located in Wake County, North Carolina, and more particularly described as follows:
BEING all of that certain condominium unit lying and being situate in the City of Raleigh, Wake County, North Carolina, with an address of 1505 Hillsborough Street, Raleigh, North Carolina 27605 and being more particularly described as follows: Unit G21, Velvet Cloak Condominiums, as shown on a plat or plats entitled “Velvet Cloak Villas Condominiums,” recorded in Condominium Map Book 2005, at Pages 389, A1 through A8 in the Wake County Register of Deeds Office, and as designated as described in the Declaration of Condominium Under the Provisions of Chapter 47C of the General Statutes of North Carolina and Covenants, Conditions, and Restrictions for Velvet Cloak Villas Condominiums (hereafter “Declaration”) dated October 26, 2005 of record in Book 11658, Page 1537 of the Wake County Register of Deeds Office, as amended from time to time on the public records, reference to which is hereby made for a more particular description.
Together with all rights and easements appurtenant to said unit as specifically enumerated in the Declaration as amended from time to time, together with the undivided interest in the Common Areas appurtenant to said unit, together with all rights of party of the first part in and to the limited common areas and facilities appurtenant thereto as provided for in the Declaration as amended from time to time. The above unit is conveyed subject to the Declaration as amended from time to time, reference to which is directed for a more detailed recital of provisions and for the purpose of incorporating the same in this instrument as if copied herein word for word.
Party of the second part herein accepts membership in Velvet Cloak Villas Condominiums Homeowners Association, Inc. and agrees to be bound by the provisions in the Charter and Bylaws of same.
The Substitute Trustee may, in his sole discretion, delay the sale for up to one hour as provided in N.C.G.S. § 45-21.23.
Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($.45) per One Hundred Dollars ($100.00) required by N.C.G.S. § 7A-308(a)(1).
The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS”. Neither the Substitute Trustee nor the holder of the note secured by the Deed of Trust/Security Agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note may make any representations or warranties relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.
A cash deposit or cashier’s check (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of sale.
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 of Wake County.
Any person who occupies 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 a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
Dated this 4th day of June 2014.
Louis E. Wooten, III,
3737 Glenwood Ave, Suite 100
Raleigh, North Carolina 27612
The Wake Forest Weekly
June 12, 19, 2014