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Trustee Sales
Real Estate
Trustee Sales
NOTICE OF FORECLOSURE SALE
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION 22‑SP‑1211 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG IN THE MATTER OF THE FORE‑ CLOSURE OF THE DEED OF TRUST EXECUTED BY JAMES D. CLAYTON, HUSBAND AND CLAUDIA A. GRANT, WIFE, GRANTORS, TO JOSEPH P. CLARK, TRUSTEE, DATED MAY 1, 2017, AND RECORDED IN BOOK 31788, PAGE 680 MECK‑ LENBURG COUNTY REGISTRY
Pursuant to an order issued by the Clerk of Superior Court for Mecklenburg County, North Carolina, and to the power and authority contained in the Deed of Trust from JAMES D. CLAYTON and wife, CLAUDIA A. GRANT to Joseph P. Clarke, Trustee, for the benefit TRULIANT FEDERAL CREDIT UNION, recorded in Book 31788, Page 680, Mecklenburg County Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property, together with all rights, privileges and appurtenances thereto described as follows (the “Property”):
LEGAL DESCRIPTION:
The following described property:
ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE MECKLENBURG COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING ALL OF LOT 48 OF VALENCIA, PHASE III, MAP 1 AS SAME IS SHOWN ON A MAP THEREOF RECORDED IN MAP BOOK 54 PAGE 546 IN THE OFFICE OF THE REGISTER OF DEEDS FOR MECKLENBURG COUNTY, NORTH CAROLINA
PPN: 01927354
Property Address: 10502
DRAKE HILL DRIVE, HUNTERSVILLE, NC 28078
The record owner of the Property as reflected by the records of the Register of Deeds of Mecklenburg County not more than ten (10) days prior to the posting of this Notice was JAMES D. CLAYTON. The Property will be sold subject to any and all superior mortgages, deeds of trust, and liens, including, without limitation, the lien of unpaid taxes and assessments, easements, conditions, restrictions and matters of record. The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the promissory note secured by the Deed of Trust (the “Note”), nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the older 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, and any and all responsi‑ bilities 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 any 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 Statutes § 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 all ad valorem taxes (including diligent taxes), fees and costs of the Substitute Trustee incurred after the date of sale, and the Clerk’s fee pursuant to North Carolina General Statutes § 7A‑308(a)(1). The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: September 1,
2022
HOUR OF SALE: 10:00 A.M.
PLACE OF SALE: Mecklenburg County Courthouse
This 16th day of August, 2022. Hendrick Bryant Nerhood & Sanders LLP, Substitute Trustee 723 Coliseum Dr, Suite 101 Winston‑Salem, NC 27106 Telephone: (336) 723‑7200 Facsimile: (336)723‑7201 12145122 8/16, 8/23
NOTICE OF FORECLOSURE SALE
20 SP 212
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Domaneek S. Mobley (PRESENT RECORD OWNER(S): Domaneek S. Mobley) to Frances Jones, Trustee(s), dated June 30, 2010, and recorded in Book No. 25730, at Page 552 in Mecklenburg County Registry, North Carolina. The Deed of Trust was modified by the following:
A Loan Modification recorded on August 5, 2016, in Book No. 31054, at Page 450, default having been made in the payment of the promissory note secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substi‑ tuted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds Mecklenburg County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in Charlotte, Mecklenburg County, North Carolina, or the customary location designated for foreclosure sales, at 12:30 PM on August 30, 2022 and will sell to the highest bidder for cash the following real estate situated in Charlotte in the County of Meck‑ lenburg, North Carolina, and being more particularly described as follows:
Being all of Lot 14, Summerour Place, Map 1, on plat duly recorded in Plat Book 43, Page 569 and Map Book 50, Page 821, Mecklenburg County Registry of Deeds, reference to which is hereby made for a more particular metes and bound description. Together with improvements located thereon; said property being located at 6318 Summerour
Place, Charlotte, North Carolina.
Trustee may, in the Trustee’s 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 party must pay the excise tax, as well as the court costs of Forty‑Five Cents ($0.45) 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 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 representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environ‑ mental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabil‑ ities arising out of or in any way relating to any such condition are expressly disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, 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.
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 its sole discretion, if it believes 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.
Additional Notice for Residential
Property with Less than 15 rental units, including SingleFamily Residential Real Property
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 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 fore‑ closure 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 not more than 90 days, after the sale date contained in this 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 agree‑ ment, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c/o Hutchens Law Firm P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone No: (910) 864‑3068 https://sales.hutchenslawfirm.com Firm Case No: 1534 ‑ 2706 12145551 8/16, 8/23
NOTICE OF FORECLOSURE SALE
22 SP 561
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Jimmy Lee Phillips and Deborah Lynn Phillips (Deceased) (PRESENT RECORD OWNER(S): Deborah Lynn Phillips, Heirs of Deborah Lynn Phillips: Jimmy Lee Phillips) to E. Gilbert, Trustee(s), dated May 26, 2006, and recorded in Book No. 20500, at Page 702 in Mecklenburg County Registry, North Carolina, default having been made in the payment of the promissory note secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substi‑ tuted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds Mecklenburg County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in Charlotte, Mecklenburg County, North Carolina, or the customary location designated for foreclosure sales, at 12:30 PM on August 30, 2022 and will sell to the highest bidder for cash the following real estate situated in Charlotte in the County of Meck‑ lenburg, North Carolina, and being more particularly described as follows:
All that certain tract of land, situate, lying and being in Paw Creek Township, Mecklenburg County State of North Carolina, and more particularly described and defined as follows: In Thom‑ asboro, a surburb of the City of Charlotte N.C. beginning at an iron pin, on Hoskins Avenue 422 feet from the intersection of Hoskins Avenue and Pinoca Street, (said intersection being made by the south side of Hoskins Avenue and east side of Pinoca Street), and runs thence with Hoskins Avenue N. 54.30 E. 60 feet to an iron pin; thence back in a line at right angles with Hoskins Avenue, 200 feet to an iron pin; Thomas Ingles corner; thence S. 2 W. 102 feet to an iron pin, thence in a line parallel with the second line 282 feet to the beginning. Being Lot No. 2 as shown on a map of Thomasboro made by C.P. Brown, Surveyor, and dated 1914. Together with improvements located thereon; said property being located at 611
South Hoskins Road, Charlotte, North Carolina.
Being the same property conveyed by fee simple Deed from in the matter of the Estate of Jean Phillips, deceased, dated of Death 02/03/2000 to Deborah Lynn Phillips, Will dated 09/16/1991 probated on 02/16/2000 in Estate No. 00‑E‑503, in Mecklenburg County records, State of NC. Being the same property conveyed by fee simple Deed from Robert F. Catoe, and wife, Betty O. Catoe, to Burch Phillips, and wife, Martha M. Phillips, dated 08/04/1964 and recorded 08/13/1964, in Deed Book 2564, Page 60, in Mecklenburg County records, State of NC. The said Burch Phillips having since departed this life thereby vesting fee simple title to Marth M. Phillips a/k/a Martha Jean McCall Phillips a/k/a Jean Phillips, by operation of law. The said Marth M. Phillips a/k/a Martha Jean McCall Phillips a/k/a Jean Phillips having since departed this life testate on or about 02/03/200, thereby vesting fee simple title to Deborah Lynn Phillips, as evidenced by probate Estate No. 00‑E‑503.
Trustee may, in the Trustee’s 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 party must pay the excise tax, as well as the court costs of Forty‑Five Cents ($0.45) 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 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 representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environ‑ mental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabil‑ ities arising out of or in any way relating to any such condition are expressly disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, 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.
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 its sole discretion, if it believes 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.
Additional Notice for Residential
Property with Less than 15 rental units, including SingleFamily Residential Real Property
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 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 fore‑ closure 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 not more than 90 days, after the sale date contained in this 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 agree‑ ment, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c/o Hutchens Law Firm P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone No: (910) 864‑3068 https://sales.hutchenslawfirm.com Firm Case No: 1563 ‑ 2799 12145561 8/16, 8/23
NOTICE OF FORECLOSURE SALE
22 SP 335
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Sonia S. Smith (PRESENT RECORD OWNER(S): Sonia S. Smith) to CB Services Corp., Trus‑ tee(s), dated October 29, 1999, and recorded in Book No. 10870, at Page 367 in Mecklenburg County Registry, North Carolina, default having been made in the payment of the promissory note secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds Mecklenburg County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in Charlotte, Mecklenburg County, North Carolina, or the customary location designated for foreclosure sales, at 12:30 PM on August 30, 2022 and will sell to the highest bidder for cash the following real estate situated in Charlotte in the County of Meck‑ lenburg, North Carolina, and being more particularly described as follows:
Being all of Lot 38 of Hemby Woods, Phase 1, Map 2, as same is shown on a map thereof recorded in Map Book 29, Page 616, in the Mecklenburg County Public Registry. Together with improvements located thereon; said property being located at 6613
Rain Creek Way, Charlotte, North Carolina.
Trustee may, in the Trustee’s 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 party must pay the excise tax, as well as the court costs of Forty‑Five Cents ($0.45) 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 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 representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environ‑ mental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabil‑ ities arising out of or in any way relating to any such condition are expressly disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, 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.
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 its sole discretion, if it believes 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.
Additional Notice for Residential
Property with Less than 15 rental units, including SingleFamily Residential Real Property
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 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 fore‑ closure 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 not more than 90 days, after the sale date contained in this 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 agree‑ ment, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c/o Hutchens Law Firm P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone No: (910) 864‑3068 https://sales.hutchenslawfirm.com Firm Case No: 2988 ‑ 7224 12145550 8/16, 8/23
NOTICE OF FORECLOSURE SALE
22 SP 1343
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Killian Stowe and Pamela Stowe to John C. MacNeill, Jr., Trustee(s), dated the 4th day of September, 2003, and recorded in Book 16088, Page 861‑867, in Mecklenburg County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Mecklenburg County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Charlotte, Meck‑ lenburg County, North Carolina, or the customary location designated for foreclosure sales, at 12:30 PM on August 30, 2022 and will sell to the highest bidder for cash the following real estate situated in the City of Charlotte, in the County of Mecklenburg, North Carolina, and being more particularly described as follows:
BEING all of Lot 107 as shown on a map of SCOTSBOROUGH Phase 1, Map 7, which map is recorded in Map Book 34 at Page 789 in the Mecklenburg County Public Registry, reference to which is hereby made for a more particular description.
Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45‑21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty‑Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §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 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 representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environ‑ mental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabil‑ ities 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 prior encumbrances of record and any recorded releases. Said prop‑ erty is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, 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.
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.
Additional Notice for Residential
Property with Less than 15 rental units, including SingleFamily Residential Real Property
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 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 fore‑ closure 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 not more than 90 days, after the sale date contained in this 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 agree‑ ment, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c/o Hutchens Law Firm LLP P.O. Box 12497 6230 Fairview Road, Suite 315 Charlotte, North Carolina 28210 Phone No: (704) 362‑9255 Case No: 1300999 (CFC.CH) 12142311 8/16, 8/23
NOTICE OF SALE OF REAL ESTATE
UNDER CLAIM OF LIEN
RE: 22‑SP‑1231
UNDER AND BY VIRTUE of the power granted in the recorded Declarations and North Carolina law which authorize the foreclo‑ sure of the Claim of Lien filed against Travis Eugene McAfee by Magnolia Acres Homeowners Association (hereinafter “Association”), filed June 21, 2021 and filed in Case Number 21‑M‑2546 in the Office of the Clerk of Superior Court for Meck‑ lenburg County by power of sale and because of a failure to make timely payment of assessments and other sums due to the Associ‑ ation and pursuant to an Order entered by the Clerk of the Superior Court and pursuant to demand of the Association, the undersigned Trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the Courthouse of Mecklenburg County, in the City of Charlotte, North Carolina, at 11:00
a.m. on the 25th day of August,
2022, all that certain parcel of real estate, including any undivided interest in common area and all improvements and fixtures located thereon, in Mecklenburg County, North Carolina, more particularly described as follows:
BEING THE REAL PROPERTY described in the deed recorded in Deed Book 34430, at Page 187 in Mecklenburg County Public Registry.
Tax PIN: 059.032.34
ADDRESS OF PROPERTY:
3434 Victoria Brook Lane, Charlotte, NC 28204
PRESENT RECORD OWNER(S): Travis Eugene
McAfee
The terms of the sale are that the property will be sold for cash to the highest bidder and a cash deposit not to exceed the greater of five percent (5%) of the amount of the bid, or Seven Hundred and Fifty Dollars ($750) may be required at the time of the sale. The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “As Is, Where Is”. The Trustee does not make any repre‑ sentation or warranty relating to the title or any physical, environ‑ mental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabil‑ ities arising out of or in any way relating to any such conditions are expressly disclaimed. The property will be sold subject to restrictions and easements of record, any unpaid taxes, prior liens and special assessments, any transfer tax associated with the foreclosure, and any tax required to be paid by N.C.G.S. § 7A‑308(a)(1). The sale will be held open for ten days for upset bids as required by law.
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 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 Notice of Sale terminate the rental agreement by providing written notice of termi‑ nation to the landlord, to be effective on a date stated in the notice that is at least 10, but no more than 90 days, after the sale date contained in the Notice of Sale, provided that the default has not been cured at the time the tenant provides 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 the termination.
This the 25th day of July, 2022
Sellers, Ayers, Dortch & Lyons, P.A. Trustee By: Robert C. Dortch, Jr. 12142313 8/16, 8/23
NOTICE OF
FORECLOSURE RESALE
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION BEFORE THE CLERK 22 SP 242 NORTH CAROLINA MECKLENBURG COUNTY IN THE MATTER OF THE FORECLOSURE OF A CONSTRUCTION DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING FROM R‑CUBED CHAR‑ LOTTE INVESTMENT GROUP LLC, a North Carolina limited liability company, EXECUTED MAY 27, 2021, and RECORDED MAY 28, 2021 IN BOOK 36128, PAGES 233‑244, MECKLENBURG COUNTY REGISTRY
Pursuant to an order entered April 25, 2022, in the Superior Court for Mecklenburg County, and the power of sale contained in the captioned Deed of Trust (the “Deed of Trust”), the undersigned Trustee will offer for sale at auction (the “Sale”), to the highest bidder for cash, ON THE FIRST FLOOR, AT THE
MECKLENBURG COUNTY COURTHOUSE, 832 EAST FOURTH STREET, CHARLOTTE, NORTH CAROLINA ON AUGUST 25, 2022 AT 10:00
O’CLOCK A.M.
the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the Deed of Trust prior to the date of said sale, lying and being in Mecklenburg County, North Carolina, and being more particularly described as follows:
BEING LOT NO. 4, OF BLOCK NO. 3, ACCORDING TO THE IRWIN MAP RECORDED IN BOOK 195, PAGE 663, IN THE REGISTRY OF MECKLENBURG COUNTY NORTH CAROLINA, TO WHICH MAP REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION.
A.P.N.: 078‑142‑05
The record owner of the Property not more than ten (10) days prior to the date hereof is R‑Cubed Charlotte Investment Group, LLC.
In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45‑21.23 of the North Carolina General Statutes.
A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed.
This sale will be made subject to all prior liens of record, if any, and to all unpaid (ad valorem) taxes and special assessments, if any, which became a lien subse‑ quent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above‑described property for a period of 120 days following the date when the final upset bid period has run.
The purchaser of the property described above shall pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A‑308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.
To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following: (a) An order for possession of the property may be issued pursuant to Section 45‑21.29 of the North Carolina General Statutes 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; and (b) 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 upon 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 the 1st day of August 2022. John W. Fletcher III, Substitute Trustee North Carolina State Bar No.: 15503 Fletcher, Tydings, Williams‑Tracy & Gott, P.L.L.C. 831 East Morehead Street, Suite 255 Charlotte, North Carolina 28202 Telephone: (704) 334‑3400 jfletcher@fletchertydings.com 12145558 8/16, 8/23
AMENDED NOTICE OF SALE OF
REAL ESTATE UNDER CLAIM OF LIEN
IN THE GENERAL COURT OF JUSTICE BEFORE THE CLERK 22 SP 547 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG IN THE MATTER OF THE PROPOSED FORECLOSURE OF CLAIM OF LIEN FILED AGAINST
PAMELA ROBINSON
BY
FOX RIDGE HOMEOWNERS ASSOCIATION, LTD.
DATED NOVEMBER 8, 2021, AND RECORDED IN DOCKET #21M5370 IN THE OFFICE OF THE CLERK OF SUPERIOR COURT FOR MECKLENBURG COUNTY
UNDER AND BY VIRTUE of the power granted in the recorded Declarations and North Carolina law (including N.C.G.S. Section 47F‑3‑116) which authorize the foreclosure of the Claim of Lien filed against Pamela Robinson by Fox Ridge Homeowners Associa‑ tion, Ltd. (hereinafter “the Associa‑ tion”) dated November 8, 2021, and filed in Case # 21M5370 in the Office of the Clerk of Superior Court of Mecklenburg County and because of a failure to make timely payment of assessments and other charges levied by the Association and pursuant to an Order entered by the Clerk of Superior Court and pursuant to demand by the Associ‑ ation, the undersigned will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the Courthouse of Mecklenburg County in the City of Charlotte, North Carolina at 11:00
AM on the 25th day of August,
2022 all that certain parcel real estate, including any undivided interest in common area and all improvements and fixtures located thereon, in Mecklenburg County North Carolina, more particularly described and identified as follows:
PROPERTY DESCRIPTION:
All that certain lot or parcel of land situated in the County of Mecklenburg, State of North Carolina and being more particularly described as follows:
TRACT 1: All of that Condominium Unit designated as 8051 Cedar Glen Drive, Phase III, as referred to in the Declaration of Unit Ownership under Chapter 47‑A of the North Carolina General Statutes for The Reflections Condominium (hereinafter called “Declaration”) and recorded in the Office of the Register of Deeds for Mecklenburg County, North Carolina, on March 17, 1982 in Book 4518 at Pages 636 through 750, and more particularly described in the Plans which are filed for record in Unit Ownership File No. 143 in the Office of the Register of Deeds for Mecklenburg County, North Carolina, said plans being hereinafter referred to as “plans”, which Declaration and Plans are incorporated herein by reference for a more particular description of said unit.
TRACT 2: A 4.19535 percent undivided interest as tenant in common in and to the common areas and facilities as referred to in Section 4 of Article III of said Declaration and located on the land described and designated as Phases I, II, III and IV to which reference is made for a more particular description of said common areas and facilities, subject to reduction in the event additional phases are added to the Reflections Condominium in accordance with Section 2 of Article XV of the Declaration, which reductions are specified in Exhibit X attached to the Declaration.
BEING the same property described in Deed recorded in Deed Book 10959,
Page 210‑212 of the aforemen‑ tioned registry.
ADDRESS OF PROPERTY:
8051 Cedar Glen Drive
Charlotte, NC 28212
PRESENT RECORD OWNER(S): Pamela Robinson
The terms of the sale are that the property will be sold for cash to the highest bidder and a cash deposit not to exceed the greatest of five percent (5%) of the amount of the bid, or seven hundred fifty dollars ($750.00) may be required at the time of sale. The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer, and conveyance “as is, where is.” The Association does not 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 conditions are expressly disclaimed. The property will be sold subject to restrictions and easements of record, any unpaid taxes, prior liens, and special assessments, any transfer tax associated with the foreclosure, and any tax required to be paid by N.C.G.S Section 7A‑308 (a)(1). The sale will be held open for ten (10) days for upset bids as required by law.
An order for possession of the property may issue pursuant to N.C.G.S. Section 45‑21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of Mecklenburg County, North Carolina.
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 that 90 days, after the sale date contained in the notice of sale, provided that the landlord has not cured the default at the time the tenant provides the notice of termination. Upon termination of such rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of termination.
Dated this the 28th day of July, 2022. By: Geoffrey C. Hemenway, Trustee Attorney at Law 4108 Park Road, Suite 318 Charlotte, NC 28209 Telephone: 704‑523‑7804 Telefax: 704‑523‑7865 12144218 08/16, 8/23
AMENDED NOTICE OF SALE OF
REAL ESTATE UNDER CLAIM OF LIEN
IN THE GENERAL COURT OF JUSTICE BEFORE THE CLERK 22 SP 290 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG IN THE MATTER OF THE PROPOSED FORECLOSURE OF CLAIM OF LIEN FILED AGAINST
LISA RODRIGUEZ
BY
FOX RIDGE HOMEOWNERS ASSOCIATION, LTD.
DATED NOVEMBER 8, 2021, AND RECORDED IN DOCKET #21M5359 IN THE OFFICE OF THE CLERK OF SUPERIOR COURT FOR MECKLENBURG COUNTY
UNDER AND BY VIRTUE of the power granted in the recorded Declarations and North Carolina law (including N.C.G.S. Section 47F‑3‑116) which authorize the foreclosure of the Claim of Lien filed against Lisa Rodriguez by Fox Ridge Homeowners Association, Ltd.(hereinafter “the Association”) dated November 8, 2021, and filed in Case # 21M5359 in the Office of the Clerk of Superior Court of Mecklenburg County and because of a failure to make timely payment of assessments and other charges levied by the Association and pursuant to an Order entered by the Clerk of Superior Court and pursuant to demand by the Associ‑ ation, the undersigned will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the Courthouse of Mecklenburg County in the City of Charlotte, North Carolina at 11:00
AM on the 25th day of August
2022 all that certain parcel real estate, including any undivided interest in common area and all improvements and fixtures located thereon, in Mecklenburg County North Carolina, more particularly described and identified as follows:
PROPERTY DESCRIPTION:
All that certain lot or parcel of land situated in the County of Mecklenburg, State of North Carolina and being more particularly described as follows:
Condominium Unit: All of that Condominium Unit known as 1616 Hollow Drive, referred to in the Declaration recorded in Book 3906, Pages 786‑852 in the Meck‑ lenburg County Registry and more particularly described in the Plans as recorded in Unit File No. 30 in the Mecklenburg County Registry, which Declaration and Plans are referred to above and incorporated herein by this reference; and
Common Areas and Facilities: An undivided 4.58% interest in and to the common areas and facilities as referred to in Article III of the Declaration, to which reference is made for a more particular descrip‑ tion of such common areas and facilities.
BEING the same property described in Deed recorded in Deed Book 29993,
Page 28‑30 of the aforementioned registry.
ADDRESS OF PROPERTY: 1616 Hollow Drive
Charlotte, NC 28212
PRESENT RECORD OWNER(S): Lisa M. Rodriguez, Unmarried
The terms of the sale are that the property will be sold for cash to the highest bidder and a cash deposit not to exceed the greatest of five percent (5%) of the amount of the bid, or seven hundred fifty dollars ($750.00) may be required at the time of sale. The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer, and conveyance “as is, where is.” The Association does not 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 conditions are expressly disclaimed. The property will be sold subject to restrictions and easements of record, any unpaid taxes, prior liens, and special assessments, any transfer tax associated with the foreclosure, and any tax required to be paid by N.C.G.S Section 7A‑308 (a)(1). The sale will be held open for ten (10) days for upset bids as required by law.
An order for possession of the property may issue pursuant to N.C.G.S. Section 45‑21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of Mecklenburg County, North Carolina.
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 that 90 days, after the sale date contained in the notice of sale, provided that the landlord has not cured the default at the time the tenant provides the notice of termination. Upon termination of such rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of termination.
Dated this the 28th day of July, 2022. By: Geoffrey C. Hemenway, Trustee Attorney at Law 4108 Park Road, Suite 318 Charlotte, NC 28209 Telephone: 704‑523‑7804 Telefax: 704‑523‑7865 12144224 08/16, 8/23
AMENDED NOTICE OF SALE OF
REAL ESTATE UNDER CLAIM OF LIEN
COUNTY OF MECKLENBURG IN THE MATTER OF THE PROPOSED FORECLOSURE OF CLAIM OF LIEN FILED AGAINST
CHAO TONY SHAN AND WEI HUA
BY
BACK CREEK II HOMEOWNERS ASSOCIATION, INC.
DATED OCTOBER 20, 2021, AND RECORDED IN DOCKET #21M4928 IN THE OFFICE OF THE CLERK OF SUPERIOR COURT FOR MECKLENBURG COUNTY
UNDER AND BY VIRTUE of the power granted in the recorded Declarations and North Carolina law (including N.C.G.S. Section 47F‑3‑116) which authorize the foreclosure of the Claim of Lien filed against Chao Tony Shan and Wei Hua by Back Creek II Homeowners Association (hereinafter “the Association”) dated October 20, 2021, and filed in Case # 21M4928 in the Office of the Clerk of Superior Court of Mecklenburg County and because of a failure to make timely payment of assessments and other charges levied by the Association and pursuant to an Order entered by the Clerk of Superior Court and pursuant to demand by the Associ‑ ation, the undersigned will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the Courthouse of Mecklenburg County in the City of Charlotte, North Carolina at 11:00
AM on the 25th day of August,
2022 all that certain parcel real estate, including any undivided interest in common area and all improvements and fixtures located thereon, in Mecklenburg County North Carolina, more particularly described and identified as follows:
PROPERTY DESCRIPTION:
BEING all of Lot 79, Block 3, Back Creek subdivision, Phase 3, Map 1 as same is shown on map thereof recorded in Map Book 29, at Page 528 in the Mecklenburg County Public Registry and being the same property described in the deed recorded in Deed Book 11171, Page 644, in said registry.
ADDRESS OF PROPERTY:
10712 Hellebore Road
Charlotte, NC 28213
PRESENT RECORD OWNER(S): Chao Tony Shan and Wei Hua
The terms of the sale are that the property will be sold for cash to the highest bidder and a cash deposit not to exceed the greater of five percent (5%) of the amount of the bid, or seven hundred fifty dollars ($750.00) may be required at the time of sale. The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer, and conveyance “as is, where is.” The Association does not 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 conditions are expressly disclaimed. The property will be sold subject to restrictions and easements of record, any unpaid taxes, prior liens, and special assessments, any transfer tax associated with the foreclosure, and any tax required to be paid by N.C.G.S Section 7A‑308 (a)(1). The sale will be held open for ten (10) days for upset bids as required by law.
An order for possession of the property may issue pursuant to N.C.G.S. Section 45‑21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of Mecklenburg County, North Carolina.
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 that 90 days, after the sale date contained in the notice of sale, provided that the landlord has not cured the default at the time the tenant provides the notice of termination. Upon termination of such rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of termination.
Dated this the 28th day of July, 2022. By: Geoffrey C. Hemenway, Trustee Attorney at Law 4108 Park Road, Suite 318 Charlotte, NC 28209 Telephone: 704‑523‑7804 Telefax: 704‑523‑7865 12144209 08/16, 8/23