SECOND NOTICE OF
FORECLOSURE SALE OF
REAL AND PERSONAL
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
14 SP 743
In the Matter of the Foreclosure of the Deed of Trust, Security Agreement and Financing Statement executed by Harrod-Preston Walk LLC, Grantor, to Adkleco, LLC, Original Trustee, As recorded in Book 12207, Page 1459 of the Wake County Public Registry.
See Substitution of Trustee which Substitutes Louis E. Wooten, III as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 15574, Page 570 of the Wake county Public Registry.
Pursuant to the power and authority contained in the Deed of Trust, Security Agreement and Financing Statement from Harrod-Preston Walk LLC to Adkleco, LLC (the “Original Trustee”) for the benefit of Column Financial, Inc. recorded in Book 12207, Page 1459 of the Wake County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property commonly known as 1065 Darrington Drive, Cary, North Carolina, as more particularly described in Exhibit A attached to the Deed of Trust (which description is fully incorporated herein by reference), together with all rights, privileges and appurtenances thereto (the “Real Property”), and the personal property described in the Deed of Trust (the “Goods,” and together with the Real Property, the “Property”).
The record owner of the Property as reflected by the records of the Register of Deeds of Wake County not more than ten (10) days prior to the posting of this Notice was Harrod-Preston Walk LLC.
THIS NOTICE OF SALE IS BEING FILED, POSTED AND PUBLISHED PURSUANT TO NCGS § 45-21.21 AS THE DATE OF THE SALE IS MORE THAN 90 DAYS AFTER THE ORIGINAL DATE OF SALE
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
TAKE NOTICE that the Property will also be sold subject to the Memorandum of Lease recorded in Book 13912, Page 973 of the Wake County Public Registry and the Memorandum of Lease recorded in Book 14769, Page 963 of the Wake County Public Registry.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: September 26,
HOUR OF SALE: 10:00 a.m.
PLACE OF SALE: Wake County
This the 4th day of September, 2014.
Louis E. Wooten, III,
The Wooten Law Firm
3737 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612
The Wake Forest Weekly
Sept. 11, 18, 2014
- State News Today