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Trustee
Real Estate
Trustee Sales
NOTICE OF FORECLOSURE SALE
22 SP 1760
NORTH CAROLINA, MECKLENBURG COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Kimberly T. Aldridge to Laurel A. Meyer, Trustee(s), which was dated September 22, 2014 and recorded on September 26, 2014 in Book 29470 at Page 515, 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 October 20, 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:
Being all of Lot 30 Forest Green as the same is shown on a map recorded in Map Book 31, Page 533. The same being revised and shown on a map recorded in Map Book 32, Page 611.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 9200 Forest Green Dr,
Charlotte, NC 28227.
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 KIMBERLY T. ALRIDGE, UNMARRIED.
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.: 22‑11028‑FC01 12161000 10/4, 10/11
NOTICE OF FORECLOSURE SALE
22 SP 1198
NORTH CAROLINA, MECKLENBURG COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Kara Edmondson to Judy H. Woody, Trustee(s), which was dated October 8, 2004 and recorded on October 14, 2004 in Book 17876 at Page 197, 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 October 20, 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:
BEING all of Lot 36, Block 3 in that subdivision known as SLATEWOOD Section IV, Map A as shown on a map recorded in Map Book 18 at Page 125 in the Mecklenburg County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 2530 Dion Avenue,
Charlotte, NC 28212.
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 KARA EDMONDSON, UNMARRIED.
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.: 17‑05589‑FC05 12160268 10/4, 10/11
NOTICE OF SALE
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION 22SP1971 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY TONY LEE SIMMONS AND ANA MARIA GAMBOA DATED SEPTEMBER 2, 2021 RECORDED IN BOOK 36491 AT PAGE 26 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 October 20, 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 Tony Lee Simmons; Ana Maria Gamboa, dated September 2, 2021 to secure the original principal amount of $279,837.00, and recorded in Book 36491 at Page 26 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: 6732
Knollgate Dr, Charlotte, NC 28212
Tax Parcel ID: 13309608
Present Record Owners: Tony Lee Simmons; Ana Maria Gamboa
The record owner(s) of the property, according to the records of the Register of Deeds, is/are Tony Lee Simmons and Ana Maria Gamboa.
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 26th day of September, 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: 1195415893 12160265 10/4, 10/11
NOTICE OF FORECLOSURE SALE
20 SP 491
NORTH CAROLINA, MECKLENBURG COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Margaret L. Smith to Ralph R. McMillan, Trustee(s), which was dated January 9, 1998 and recorded on January 9, 1998 in Book 09443 at Page 0195, 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 October 20, 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:
BEING all of Lot 12 of Apple Tree Village at Farmington, Section I, as shown on map thereof recorded in Map Book 17, Page 335, in the Office of the Register of Deeds for Mecklenburg County, North Carolina, together with all rights and all obligations as a member of Apple Tree Village Association, Inc.
The Grantor further conveys a 1.7137% undivided interest in the common areas of Apple Tree Village at Farmington, as same may be amended, according to the Declaration filed in Book 3730 at Page 375 in the Mecklenburg County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 8016 Princess Ann
Drive, Charlotte, NC 28212.
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 Margaret L. Smith.
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.: 18‑04237‑FC02 12160271 10/4, 10/11
NOTICE OF SUBSTITUTE
TRUSTEE’S FORECLOSURE SALE OF REAL
AND PERSONAL PROPERTY
22SP1739
UNDER AND BY VIRTUE of the power and authority contained in that certain Security Agreement, Assignment of Rents and Fixtures Filing and Construction Deed of Trust, (hereinafter “Deed of Trust”) executed and delivered by Fulcrum1, LLC (hereinafter “Borrower”) filed on March 22, 2021 and recorded in Book 35828 at Page 644 in the Office of the Register of Deeds of Mecklenburg County, North Carolina; and because of the default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by the Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Mecklenburg County Courthouse, 832 East Fourth Street, Charlotte, North Carolina 28202 on
TUESDAY, OCTOBER 18, 2022
AT 12:30 O’CLOCK P.M., all of Borrower’s right, title and interest in and to the Real Property and Personal Property described in paragraphs 1.1 and 1.2 of the Deed of Trust as shown on Exhibit A which is attached hereto and incorporated herein by reference and the real property described herein below, together with any improvements and fixtures existing or hereafter placed on or attached to the tracts of real property, and all other appurtenant rights and privileges, situated, lying and being in Mecklenburg County, State of North Carolina, and being more particularly described as follows:
Parcel I
Being all of Lots 3 and 4 in Block 44 of the Abbott Realty property known as WILMOORE, as the same is shown on a map thereof recorded in Map Book 3 at Page 267 in the Mecklenburg County Public Registry, reference being made to said map for a more particular description.
Together with that area of 10’ alleyway which alleyway has been closed pursuant to a Resolution of the City of Charlotte, which Resolution is recorded in Book 33086 at Page 52 in the Mecklenburg County Public Registry.
Parcel II
Tract 1:
Being all of Lots 1, 2 and 36 in Block 44 of WILMOORE as shown on a map recorded in Map Book 3 at Page 267 in the Mecklenburg County Public Registry, reference to which is hereby made for a more particular description.
Tract 2:
Being all of Lots 34 and 35 in Block 44 of WILMOORE as shown on a map recorded in Map Book 3 at Page 267 in the Mecklenburg County Public Registry, reference to which is hereby made for a more particular description.
Together with that area of a 10 ft. alleyway running off of W. Worthington Avenue which alleyway has been closed pursuant to a Resolution of the City of Charlotte which Resolution is recorded in Book 24434 at Page 720 in the Mecklenburg County Registry and that area of a 10’ alleyway which alleyway has been closed pursuant to a Resolution of the City of Charlotte which Resolution is recorded in Book 33086 at Page 52 in the Mecklenburg County Registry.
Address of property: 1916 S.
Tryon Street, Charlotte, Mecklenburg County, North Carolina 282034912
Tax Parcel ID: 11907622
Present Record Owner: Fulcrum1, LLC
The terms of the sale are that the real and personal property hereinbefore described will be sold for cash to the highest bidder. The Substitute Trustee reserves the right to require a cash deposit or a certified check not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00). In the event that the bidder fails to make the required deposit or fails to honor its bid, the real and personal property shall be offered for sale again pursuant to N.C.G.S. §4521.30. In the event of a resale, a defaulting bidder shall remain liable on its bid in the event the final sales price is less than its bid under N.C.G.S. § 4521.30(c).
In the event that the note holder or its intended assignee is exempt from paying the same, the successful bidder will be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax, and the tax required by N.C.G.S. § 7A308(a)(1).
The real and personal property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required.
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 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 declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Additional Notice Where the
Real and Personal 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 foreclosure 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 the 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 agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. William Walt Pettit Substitute Trustee 6230 Fairview Road, Suite 315 Charlotte, NC 28210 Telephone: (704) 3629255 EXHIBIT A 1.1 Real Property. Trustor irrevocably grants, transfers and assigns to Trustee, in trust, with power of sale, all of its right, title and interest in and to the following property, which Trustor now owns or may acquire later:
(a) the real property more particularly described on the Notice of Sale (the “Land”); (b) all buildings and other improvements located on or appurtenant to the Land and all machinery, equipment, appliances, tooling, furniture, fixtures, goods and other articles of real and personal property, affixed to or placed upon the Land or such buildings or other improvements (the “Improvements”); (c) all licenses, privileges, tenements, hereditaments and appurtenances of or to the Land or the Improvements, including, without limitation, all rightsofway, easements, any land lying within the rightofway of any street, open or proposed, adjoining the Land, all water rights and shares of stock evidencing such rights, all oil and gas and other mineral rights and all sidewalks, alleys and strips and gores of land adjacent to or used in connection with the Land; (d) all rents, issues, profits, royalties, income and other benefits (collectively, the “Rents”) derived from any lease, sublease, license, franchise or concession or other agreement (collectively, the “Leases”) affecting the Land or the Improvements or their use or occupancy, and all of Trustor’s interest in the Leases; and (e) all claims and demands, including claims or demands with respect to the proceeds of insurance, in effect with respect to the Land or the Improvements, and all awards made for the taking by eminent domain, or by any proceeding of purchase in lieu of any such taking, of all or any part of the “Property” (as defined in the Loan Agreement).
The property described in this Section 1.1 is referred to in this Deed of Trust as the “Real Property.” 1.2 Personal Property. Trustor grants a security interest to Beneficiary in, and assigns to Beneficiary, all of the Trustor’s right, title and interest in and to the following property and all proceeds of such property, which Trustor now owns or may acquire later: (a) all goods and tangible personal property located on the Real Property or wherever located if used or useable in connection with the use, operation or occupancy of the Real Property, including, without limitation, all appliances, furniture and furnishings, fittings, inventory, materials, supplies, equipment, fixtures and building materials, whether stored on the Real Property or elsewhere; (b) all general intangibles relating to design, development, operation, management and use of the Real Property and construction of the Improvements, including, without limitation, (i) all names under which or by which the Real Property may at any time be operated or known, all rights to carry on business under any such names or any variant of such names, and all goodwill in any way relating to the Real Property, (ii) all permits, licenses, authorizations, variances, land use entitlements, approvals and consents issued or obtained in connection with the construction of the Improvements or the use, occupancy or operation of the Real Property, (iii) all rights as a declarant (or its equivalent) under any covenants, conditions and restrictions or other matters of record affecting the Real Property, (iv) all materials prepared for filing or filed with any governmental agency, (v) all trademarks and (vi) all rights under any contract entered into in with contractors, architects, designers, engineers, consultants, managers, brokers and similar persons in connection with the development, design; use, operation, management and construction of the Real Property; (c) all architectural drawings, plans, specifications, soil tests and reports, feasibility studies, appraisals, engineering reports, financial analyses and reports and similar materials relating to the Real Property; (d) all payment and performance bonds or guarantees relating to the Real Property; (e) all reserves, deferred payments, deposits, refunds (including, without limitation, tax and insurance refunds), costs savings and payments of any kind relating to the construction, design, development, operation, occupancy, use and disposition of the Real Property; (f) all proceeds and claims arising on account of any damage to or taking of the Property, including, without limitation, claims under insurance policies, and all causes of action and recoveries for any loss or diminution in the value of the Property; (g) all policies of, and proceeds resulting from, insurance relating to the Property, and all riders, amendments, renewals, supplements or extensions of such policies; (h) all deposits made with or other security given to utility companies or governmental entities by Trustor with respect to the Real Property, and all advance payments of insurance premiums made by Trustor with respect to the Real Property; (i) all shares of stock or other evidence of ownership of any part of the Property that is owned by Trustor in common with others, including all water stock relating to the Real Property, if any, and all documents or rights of membership in any owners’ or members’ association or similar group having responsibility for managing or operating any part of the Real Property; (j) all proceeds, whether cash, promissory notes, contract rights or otherwise, of the sale or other disposition of all or any part of the estate of Trustor upon the Property; (k) all sales contracts, escrow agreements, and broker’s agreements concerning the sale of the Property; (l) all of the leases, income, rents, issues, deposits, receipts, profits and proceeds generated by the use and occupancy of the Property to the extent such are not Rents or otherwise deemed to be real property, and all “accounts” (as defined in the North Carolina Uniform Commercial Code) generated from the use and operation of the Property to which Trustor may be entitled, whether now due, past due or to become due; and (m) all deposit accounts or related rights to receive payment from depositories or institutions into which Trustor deposits (i) the Rents, (ii) any other income derived from the Property described under Section 1.2(1) above, (iii) any security deposits or other monies paid to Trustor or Trustor’s property manager whether pursuant to the terms of a Lease or otherwise or, (iv) any proceeds of the Loan made pursuant to the Loan Agreement, (v) any Borrower’s Funds, as that term is defined in the Loan Agreement, the (vi) Borrower’s Funds Account, as that term is defined in the Loan Agreement, (vii) any other amounts described in Sections 1.1 or 1.2 and (viii) any proceeds of any such amounts.
The property described in this Section 1.2 is referred to in this Deed of Trust as the “Personal Property” The Real Property and the Personal Property are collectively referred to as the “Property.” 12160135 10/4, 10/11
NOTICE OF FORECLOSURE SALE
22 SP 267
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Ray L. Wilson (PRESENT RECORD OWNER(S): Ray L. Wilson) to PRLAP, Inc., Trustee(s), dated February 7, 2008, and recorded in Book No. 23420, at Page 115 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 October 18, 2022 and will sell to the highest bidder for cash the following real estate situated in Charlotte in the County of Mecklenburg, North Carolina, and being more particularly described as follows:
The Land referred to herein is situated in the State of North Carolina, County of Mecklenburg described as follows:
Beginning at an old iron in the Southerly margin of PolkWhite Road, the Northwesterly corner of the property conveyed to Albert Little by Deed recorded in Book 2133, Page 284 of the Mecklenburg Public Registry, and running thence with the line of line of Little (now or formerly) and of Ray Lewis Wilson, S. 051657 W. 321.17 feet to on old iron in a dirt road, a corner of Wilson; thence N. 844111 W. 135.76 feet to an old iron, Wallace’s corner; thence with the line of Wallace (now or formerly), N. 051800 E. 321.09 feet to an old iron in said margin of PolkWhite Road; thence with said margin of PolkWhite Road, S. 844310 E. 135.66, to an old iron, the point or place of beginning, and containing 1.00 acres, all according to survey of Richard Boyd Brooks, R.L.S., Dated February 16, 1987, and updated April 12, 1991. Together with improvements located thereon; said property being located at
2957 Polk And White Road, Charlotte, North Carolina.
Source of Title: Book 7965, Page 324 (recorded 11/07/1994)
APN: 02934110
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.
Should the property be purchased by a third party, that party must pay the excise 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 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, 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 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. § 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 foreclosure 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 agreement, 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) 8643068 https://sales.hutchenslawfirm.com Firm Case No: 5486 21750 12159115 10/04, 10/11
AMENDED NOTICE OF SALE OF
REAL ESTATE UNDER CLAIM OF LIEN
STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG IN THE MATTER OF THE PROPOSED FORECLOSURE OF CLAIM OF LIEN FILED AGAINST
TONY MARSH MELISSA MARSH
BY
BRAEMAR AT TREYBURN OWNERS ASSOCIATION, INC.
DATED OCTOBER 20, 2021, AND RECORDED IN DOCKET #21M4930 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 47F3116) which authorize the foreclosure of the Claim of Lien filed against Tony Marsh and Melissa Marsh by Braemar at Treyburn Owners Association, Inc. (hereinafter “the Association”) dated October 20, 2021, and filed in Case # 21M4930 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 Association, 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 13th day of October,
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 104 of Treyburn, Phase 2, Map 2 as shown on Map thereof recorded in Map Book 27, Page 392 in the Mecklenburg County Public Registry and being the same property described in the deed recorded in Deed Book 8933, Page 742, in said registry.
ADDRESS OF PROPERTY:
9113 Shenington Place
Charlotte, NC 28216
PRESENT RECORD OWNER(S): Tony A. Marsh and Melissa Marsh
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 7A308 (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 be issued pursuant to N.C.G.S. Section 4521.29 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 8th day of August, 2022. By: Geoffrey C. Hemenway, Trustee Attorney at :Law 4108 Park Road, Suite 318 Charlotte, NC 28209 Telephone: 7045237804 Telefax: 7045237865 12158711 10/4, 10/11 IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION 22 CvS 8686 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG MECKLENBURG COUNTY, A Body Politic and Corporate Plaintiff vsGARY H. WATTS REALTY COMPANY Defendant
Under and by virtue of an order of the Superior Court of Mecklenburg County, North Carolina, made and entered in the action entitled MECKLENBURG COUNTY, A Body Politic and Corporate Plaintiff vs. GARY H. WATTS REALTY COMPANY, Defendant, the undersigned commissioner will on October 11, 2022 at 11:00 AM offer for sale and sell for cash, to the last and highest bidder at public auction, at the courthouse door in Mecklenburg County, North Carolina in Charlotte, the following described property lying in Mecklenburg County, North Carolina and more particularly described as follows:
BEGINNING at an iron stake in the northerly margin of Lot 11 of Block 5 of that certain Subdivision known as Roslyn Heights, said iron stake being located S. 5706 E. 160 feet from the easterly margin of Turner Avenue as measured along the northerly margin of said Lot 11; thence continuing along the said northerly margin of Lot 11, S. 5706 E. 35 feet to an iron stake in the westerly margin of a ten foot alley, a corner of said Lot 11; thence continuing along the margin of said Lot 11 in three calls as follows: (1) S. 3254 W. 40 feet; (2) S. 7754 W. 14.14 feet to an iron stake; (3) N. 5706 W. 25 feet to an iron stake, a new corner; thence a new line N. 3254 W. 50 feet to the place or point of BEGINNING.
BEING in all respects the rear portion of Lot 11 of Block 5 of that certain Subdivision known as ROSLYN HEIGHTS according to map or plat thereof duly recorded in the Mecklenburg Registry in Map Book 3 at Page 35.
Subject to easements, restrictions and rights of way of record, and matters of survey.
Also being identified as Parcel ID# 06901723, Mecklenburg County Tax Office. Address: 225 S
Turner Avenue
The sale will be made subject to all existing easements and restrictions, any superior liens, all outstanding city and county taxes, all local improvement assessments against the abovedescribed property not included in the judgment in the aboveentitled cause, any prior lien in favor of the State of North Carolina, any right of redemption of the United States and any rights of any persons in possession. A deposit of the greater of $750.00 or five (5) percent of the successful bid will be required at the time of sale unless the highest bid is by a taxing unit; then a deposit shall not be required.
In the instance where multiple tax parcels are indicated in this Notice, the Commissioner may elect to sell all of the parcels either in one sale, or on the sale date indicated sell each parcel individually by conducting a separate sale for each, or group various parcels together for several sales, or not conduct a sale at all on one or more parcels, as the Commissioner determines in his sole discretion as being most likely to sell the parcels at a price adequate to pay all taxes due, as well as fees and costs. Any party contemplating the filing of an upset bid is therefore strongly encouraged to consult the Clerk of Court records to ascertain the parcel or parcels included in the sale for which an upset bid is planned.
Upon delivery of the deed, the winning bidder shall be required to pay the costs of recordation of the deed, including deed stamp taxes due to the Register of Deeds. Title and condition of the property will be granted to the successful bidder “as is” and without warranties.
This the 9 day of September, 2022. Richard J. Kania Commissioner Capital Center 82 Patton Avenue, Suite 500 Asheville, North Carolina 28801 (828) 2528010
TAX VALUE: $7,000.00
12157833 9/27, 10/4
NOTICE OF FORECLOSURE SALE
22 SP 1771
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Armando Allzonsi Lopez (Deceased) (PRESENT RECORD OWNER(S): Armando Allzonsi Lopez) to Verdugo Trustee Service Corporation, Trustee(s), dated April 9, 2009, and recorded in Book No. 24635, at Page 663 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 October 11, 2022 and will sell to the highest bidder for cash the following real estate situated in Charlotte in the County of Mecklenburg, North Carolina, and being more particularly described as follows:
Being all of Lot 92 of Thompson Brook Subdivision, Map 3 as shown on map thereof recorded in Map Book 46 at Page 783 of the Mecklenburg County Public Registry, North Carolina. Together with improvements located thereon; said property being located at 2230 Dion Avenue,
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. §4521.23.
Should the property be purchased by a third party, that party must pay the excise 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 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, 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 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.
