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NOTICE OF SALE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
13 SP 1230
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Wood Spring Homeowners Association, Inc., a North Carolina Corporation against, Gabriel A. Hicks, Ir.
Lien Dated: 09/19/2012
Recorded as 12 M 5677 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 Wood Spring, 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 09119/2012 and recorded as 12 M 5677 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 the 3rd day of October, 2013 at 1:00 p.m. o'clock 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 133, Wood Spring Subdivision, Phase Two, as shown on map recorded in Book of Maps 1995, Page 134 and 135, Wake County Registry.
Commonly known as: 1504 Whittington Drive, Raleigh, NC 27614
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 Gabriel A. Hicks, Jr.. Pursuant to North Carolina General Statute §45-2l.1 O(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 30 day ofAugust, 2013.
HATCH, LITTLE & BUNN, LLP
327 Hillsborough Street
P. O. Box 527
Raleigh, North Carolina 27602
The Wake Forest Weekly
Sept. 19, 26, 2013