NOTICE OF SALE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
14 SP 2642
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Windward Downs Homeowners Association, Inc., a North Carolina Corporation against,
Lien Dated: 8/15/2013
Recorded as 13 M 4542 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 Restictions for Windward Downs Subdivision, 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 8/15/2013 and recorded as 13 M 4542 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 February 5, 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 85, Windward Downs Subdivision, Phase One, as shown on map recorded in Book of Maps 1999, Pages 76, 77 and 78, Wake County Registry.
Commonly known as: 4701 Windbreak Lane, Raleigh, NC 27616-0740
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 Kenisha Gant.
Pursuant to North Carolina General Statute §45-21.1 O(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).
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 (l0) days for upset bids as required by law.
This the 19 day of December, 2014.
Tina Frazier Pace, Trustee
NC State Bar No 20968
HATCH, LITTLE & BUNN, LLP
327 Hillsborough Street
Raleigh, NC 27602
The Wake Forest Weekly
Jan. 22, 29, 2015