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Trustee
Real Estate
Trustee Sales
NOTICE OF FORECLOSURE SALE
22 SP 336
NORTH CAROLINA, MECKLENBURG COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Mariann Isley and Richard A. Isley to Charles Myers, Trustee(s), which was dated April 22, 2009 and recorded on April 28, 2009 in Book 24681 at Page 426, Mecklenburg County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on May 19, 2022 at 11:30 AM, and will sell to the highest bidder for cash the following described property situated in Mecklenburg County, North Carolina, to wit:
TRACT ONE:
BEING all of Unit D, Building 7, of MILL CREEK CORNELIUS CONDOMINIUM as referred to and described in the Declaration of Unit Ownership under Chapter 47C of the North Carolina General Statutes for MILL CREEK CORNELIUS CONDOMINIUM (the “Declaration”), recorded in Book 13220, Page 309, and Supplemental Restrictions recorded in Book, 13315, Page 669, Book 13933, Page 379, Book 14860, Page 821, Book 16387, Page 530, Book 16653, Page 46, Book 17348, Page 439, Book 17848, Page 986, Book 19207, Page 549 and Book 19705, Page 46 in the Mecklenburg County Public Registry, said Condominium Unit being shown and described in the Architectural Plans (the “Plans”) of MILL CREEK CORNELIUS CONDOMINIUM on file in the Mecklenburg County Public Registry in Unit Ownership File No. 593. Reference is hereby made to the Declaration and the Plans for more specific description of the Unit.
TRACT TWO:
An undivided percentage interest as tenants in common on and to the common areas and facilities referred to in Article 5 of the Declaration of Condominium for Mill Creek Cornelius Condominium. The property hereinabove described was acquired by Grantor by instrument recorded in Book 11144, Page 879, Book 11144, Page 887 and Book 12557, Page 643. A map showing the above described property is recorded in Unit Ownership File No. 593
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 19622 Feriba Place, Cornelius, NC 28031.
A certified check only (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 the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.
Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty 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. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are RICHARD A. ISLEY.
An Order for possession of the property may be issued pursuant to G.S. 4521.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 4521.16A(b)(2)]. 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.
If the trustee 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 trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe 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.
Trustee Services of Carolina, LLC Substitute Trustee Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 3924988 FAX: (910) 3928587 File No.: 2200861FC01 12113501 5/3, 5/10
NOTICE OF SALE
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION 22SP173 STATE OF NORTH CAROLINA COUNTY MECKLENBURG IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY LEON R. JERNIGAN DATED FEBRUARY 28, 2003 RECORDED IN BOOK 14912 AT PAGE 257 IN THE MECKLENBURG COUNTY PUBLIC REGISTRY, NORTH CAROLINA
Under and by virtue of the power and authority contained in the abovereferenced deed of trust and because of default in payment of the secured debt and failure to perform the agreements therein contained and, pursuant to demand of the holder of the secured debt, the undersigned will expose for sale at public auction at the usual place of sale at the Mecklenburg County courthouse at 11:30 AM on May 19, 2022, the following described real estate and any improvements situated thereon, in Mecklenburg County, North Carolina, and being more particularly described in that certain Deed of Trust executed by Leon R. Jernigan, dated February 28, 2003 to secure the original principal amount of $114,154.00, and recorded in Book 14912 at Page 257 of the Mecklenburg County Public Registry. The terms of the said Deed of Trust may be modified by other instruments appearing in the public record. Additional identifying information regarding the collateral property is below and is believed to be accurate, but no representation or warranty is intended.
Address of property: 13434
Savannah Club Dr, Charlotte, NC 28273
Tax Parcel ID: 21901269
Present Record Owners: Heirs of Leon Rudolph Jernigan Jr
The record owner(s) of the property, according to the records of the Register of Deeds, is/are Heirs of Leon Rudolph Jernigan Jr.
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 Trustee nor the holder of the note secured by the deed of trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note 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 offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required from the highest bidder and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. After the expiration of the upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any resale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
SPECIAL NOTICE FOR LEASEHOLD TENANTS residing at the property: be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is 11th day of April, 2022. Grady I. Ingle, Attorney for Substitute Trustee Ingle Law Firm, PA 13801 Reese Blvd West Suite 160 Huntersville, NC 28078 (980) 7710717 Ingle Case Number: 56646733 12110125 5/3, 5/10
NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
22SP540 UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Tyrone Coombs and Janice Coombs dated July 31, 2009 and recorded on August 4, 2009, in Book 24987 at Page 259, in the Office of the Register of Deeds of Mecklenburg County, North Carolina; and because of default in the payment of the indebtedness secured thereby and, pursuant to demand of the holder of the Note secured by said Deed of Trust, the undersigned Goddard & Peterson, PLLC (Substitute Trustee) will offer for sale at the courthouse door in the City of Charlotte, Mecklenburg County, North Carolina, or the customary location designated for foreclosure sales, on May 16, 2022 at 3:00 PM and will sell to the highest bidder for cash the following real estate situated in the County of Mecklenburg, North Carolina and being more particularly described in the above referenced Deed of Trust, together with all improvements located thereon: Address of Property: 9705
Luckwood Court, Mint Hill, NC
28227 Tax Parcel ID: 13725508 Present Record Owner: Tyrone Coombs and Janice Coombs Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §4521.23. Said property is sold subject to applicable Federal and State laws. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. Should the property be purchased by a third party, that party must pay the excise tax, any Land Transfer Tax, as well as the court costs of FortyFive Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A308(a)(1). The real property described above is being offered for sale ‘’AS IS, WHERE IS’’ and will be sold subject to all superior liens, unpaid taxes, and special assessments. Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note 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 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. The sale will be held open for ten (10) days for upset bids as required by law. If the Trustee or Substitute Trustee 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 title include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without knowledge of the Substitute Trustee(s). If the validity of the sale is challenged by any party, the Substitute Trustee(s), in its/their sole discretion, if it/they believe(s) the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice where the Real Property is Residential with less than 15 Rental Units: An order for possession of the property may be issued pursuant to N.C.G.S. § 4521.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or/after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the Notice that is at least ten (10) days, but no more than ninety (90) days, after the sale date contained in the Notice of Sale, provided that the mortgagor has not cured the default at the time the tenant provides the Notice of Termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of such 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. FN# 3016.00222 59053 12113123 5/3, 5/10
NOTICE OF SALE (N.C.G.S. § 1339.15)
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION 21 CVS 616 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG MARIAN C. SMITH Plaintiff VS. PAUL G. PEAK; CITY OF CHARLOTTE; UNIFUND CCR,LLC Defendants.
Pursuant to Article 29A of the North Carolina General Statutes § 1339 et. seq. and the Order of Sale entered herein on April 7, 2022, John W. Fletcher, III, Commissioner, will offer for sale at public auction (the “Sale”), to the highest bidder for cash,
ON MAY 16, 2022, AT 11:00 O’CLOCK A.M.
MECKLENBURG COUNTY COURTHOUSE 832 EAST FOURTH STREET, FIRST FLOOR CHARLOTTE, NORTH CAROLINA 28202
the real estate and the improvements thereon, lying and being in Mecklenburg County, North Carolina, commonly known as 9431 Dorcas Lane, Charlotte, NC 28278 and being more particularly described as follows (the “Property”):
TRACT 1: Being all of Lot 4 and Lot 5, Block B of Croftdale as shown on a map thereof recorded in Map Book 7 at Page 759, Mecklenburg County Public Registry.
TRACT 2: Beginning at an old iron at the common southerly corners of Lots 3 and 4 in Block B of CROFTDALE as shown on a map thereof recorded in Map Book 7 at Page 759, Mecklenburg County Public Registry, and runs thence S 35510 E 329.21 feet to a point; thence S 724355 W 205.42 feet to an iron; thence N 35510 W 369.65 feet to an old iron; thence with the southerly line of Lots 4 and 5 on said map, N 840450 E 200 feet to the beginning, containing 1.603 acres, shown as Lot T on survey dated 103181.
The above property was conveyed to Paul V. Peak and wife, Virginia S. Peak by deeds recorded in Book 3104 at Page 286, Book 3790 at Page 356 and Book 4496 at Page 912, all recorded in the Mecklenburg County Public Registry. Paul V. Peak died November 3, 1992 and Virginia S. Peak died August 9, 2002, her estate being administered in the office of the Clerk of Superior Court for Mecklenburg County, North Carolina, File No.: 02E986. Paul G. Peak, was the sole heir of Virginia S. Peak.
The Sale of the Property will be made subject to all other prior liens, unpaid taxes, restrictions and easements of record and assessments, if any, not extinguished as a result of the Sale.
The Property will be sold as a whole, ASIS WHEREIS. The Commissioner makes no representation of warranty relating to the title or any physical, environmental, health or safety conditions existing in, or at or relating to the Property.
Any successful bidder shall be required to deposit with the Commissioner immediately upon conclusion of the Sale a cash deposit in the amount of 5% of the amount bid, and shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Commissioner tenders to him a deed for the Property purchased or attempts to tender such deed, and should said successful bidder fail to pay the balance of the purchase price so bid at that time, he shall remain liable on his bid and any and all costs of resale.
Upset bids shall be governed by the provisions of N.C. Gen. Stat. § 1339.25. The Sale will therefore be held open for ten (10) days for upset bids as required by law. The last and highest bidder at the Sale shall have until the Commissioner tenders to such bidder a deed for the Property to comply with the bid. Should the last and highest bidder fail to timely comply with the bid, the last and highest bidder will remain liable to the extent that the final sale price is less than the bid price, together with the costs of resale.
The purchaser of the abovedescribed property shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.
An order for possession of the Property may be issued pursuant to N.C.G.S. § 1339.29 in favor of the purchaser against the party or parties in possession by the Clerk of Superior Court.
This the 12th day of April 2022. John W. Fletcher III, Commissioner North Carolina State Bar No.: 15503 Fletcher, Tydings, WilliamsTracy & Gott, PLLC 831 East Morehead Street, Suite 255 Charlotte, North Carolina 28202 Telephone: (704) 3343400 jfletcher@fletchertydings.com 12112191 5/3, 5/10
NOTICE OF FORECLOSURE SALE
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION BEFORE THE CLERK 22SP485 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST AND SECURITY AGREEMENT EXECUTED BY EPICENTRE SPE (CHARLOTTE), LLC, A DELAWARE LIMITED LIABILITY COMPANY, DATED MAY 9, 2014 AND RECORDED MAY 12, 2014 IN BOOK 29169, PAGE 917 OF THE MECKLENBURG COUNTY REGISTER OF DEEDS BY WILLIAM B. KIRK, JR., SUBSTITUTE TRUSTEE
Pursuant to an Order of the Mecklenburg County Clerk of Superior Court and under and by virtue of the power and authority contained in that Deed of Trust and Security Agreement dated as of May 9, 2014 (“Deed of Trust”), executed by EPICENTRE SPE (CHARLOTTE), LLC, a Delaware limited liability company (“Borrower”), to First American Title Insurance Company (“Original Trustee”), recorded May 12, 2014 in Book 29169 at Page 917 in the Mecklenburg County Register of Deeds (“Mecklenburg County Registry”), for the benefit of Citigroup Global Markets Realty Corp. (“Original Lender”).
Original Lender then executed an Assignment of Deed of Trust and Security Agreement dated June 26, 2014 and recorded July 3, 2014 in Book 29291, Page 434 in the Mecklenburg County Registry, which evidenced the assignment of the Deed of Trust from Original Lender to Deutsche Bank Trust Company Americas, as Trustee, on behalf of the Registered Holders of GS Mortgage Securities Corporation II, Commercial Mortgage PassThrough Certificates, Series 2014GC22 (“Noteholder”).
Because of default in the payment of the indebtedness thereby secured and failure to carry out and perform the stipulations and agreements therein contained and, pursuant to demand of Noteholder, the undersigned Substitute Trustee will expose for sale at public auction to the highest bidder for cash at the usual and customary location for conducting the sale at the Mecklenburg County Courthouse, Charlotte, North Carolina on May 12, 2022 at 10:00 A.M. all of the real and personal property (including any improvements thereon) particularly described in the Deed of Trust, which property is being more particularly described on Exhibit A attached hereto (the “Property and/or Premises”).
The Property shall be sold “AS IS, WHERE IS”. Neither the Substitute Trustee nor the Noteholder make any representations or warranties relating to the title or any physical, environmental, health or safety condition 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 condition are disclaimed. The sale will be made subject to all deeds of trust, liens and encumbrances, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the Deed of Trust. Notwithstanding the prior sentence, no written leases for occupancy of the Property are being foreclosed and are expressly not subject to the foreclosure sale. The record owner of the Property not more than ten days prior to the date hereof is the Borrower.
Pursuant to N.C. Gen. Stat. §§ 4521.10 (b) and 259604, any successful bidder may be required to deposit immediately upon the conclusion of the sale a cash deposit 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 interest to the Property or attempts to tender such deed and said bidder shall remain liable on the bid as provided for in N.C. Gen. Stat. § 4521.30(d) and (e). Should the property be purchased by a third party, the purchaser of the Property must pay for the revenue stamps on the Substitute Trustee’s Deed and the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to the maximum amount of $500.00) required by N.C. Gen. Stat. §7A308(a)(1). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid. This sale will be held open for ten (10) days for upset bids as required by law.
This 21st day of April, 2022. William B. Kirk, Jr. 1300 Baxter Street, Suite 300 Charlotte, NC 28204 (704) 3328281
EXHIBIT A
Legal Description MIXED USE TRACT:
Lying and being in Mecklenburg County, North Carolina, and being more particularly described as follows:
All of that condominium unit (the “Mixed Use Unit’) designated as the “Mixed Use Unit” of the EpiCentre Master Condominium (the “Condominium’’), as created by and described in the Master Declaration of Condominium for EpiCentre Master Condominium recorded in Book 29082, Page 196 of the Mecklenburg County Public Registry (the “Declaration’). The Mixed Use Unit is also shown and described on the plat and plans of