19 minute read

Personal Property

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

IN THE GENERAL COURT OF JUSTICE BEFORE THE CLERK 22 SP 620 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

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

22CVM17352 NORTH CAROLINA MECKLENBURG COUNTY

IN THE DISTRICT COURT DIVISION MICHEL JULE FERNALD VS TO: NICOLAS COLOMBO / AMANDA COLOMBO

TAKE NOTICE THAT A PLEADING SEEKING RELIEF AGAINST YOU HAS BEEN FILED IN THE ABOVE ENTITLED ACTION. THE NATURE OF THE RELIEF SOUGHT IS TO SATISFY A POSSESSORY LIEN OF $ 3595.00 FOR TOWING, STORAGE, AND SERVICES TO A (VIN#) JHMBB614XVC000471

BY SALE OF SAID VEHICLE WHICH IS REGISTERED IN YOUR NAME.

THIS CASE HAS BEEN ASSIGNED TO A MAGISTRATE FOR HEARING:

DATE: Jan. 17, 2023 TIME: 1:00 PM

LOCATION: 832 E. 4th St. Ctrm 2350

YOU ARE REQUIRED TO MAKE DEFENSE TO SUCH PLEADING BEFORE SUCH DATE AND/OR YOU MAY APPEAR AND DEFEND AT SAID HEARING. UPON YOUR FAILURE TO DO SO, PLAINTIFF WILL APPLY AT THE HEARING FOR THE RELIEF SOUGHT.

THIS 16 DAY OF Aug, 2022 12160300 10/11, 10/18, 10/25

LIEN SALE

State of North Carolina Mecklenburg County file# 22sp2338 In the Matter of: Petitioner Luxury auto body vs Jaime broadnax Wilkerson Michelle walkerson credit acceptance Take notice that a pleading seeking relief against you has been file in the above entitled action. The nature of the relief sought is to satisfy a possessory lien of or towing, storage and service to 2016 Toyota vin 2t1burghe3gc667596 by sale of said vehicle which is registered in your name. Public sale of the 2016 Toyota vin 2t1burghe3gc667596 will be on 11/04/2022 11:00 am at 9222 Monroe rd Charlotte NC 28270. Contact Kevin Nguyen at 9222 Monroe rd Charlotte NC 28270. Location of the property is at luxury auto body 9222 Monroe rd Charlotte NC 28270.” 12161185 10/4, 10/11, 10/18

LIEN SALE

State of North Carolina Mecklenburg County file# 22sp2338 In the Matter of: Petitioner Luxury auto body vs kamacia thompson American credit acceptance llc respondents. Take notice that a pleading seeking relief against you has been file in the above entitled action. The nature of the relief sought is to satisfy a possessory lien of or towing, storage and service to 2018 Nissan vin# 3n1ab7ap0jL618591 by sale of said vehicle which is registered in your name. Public sale of the 2018 Nissan vin# 3n1ab7ap0jL618591 will be on 11/04/2022 11:00 am at 9222 Monroe rd Charlotte NC 28270. Contact Kevin Nguyen at 9222 Monroe rd Charlotte NC 28270. Location of the property is at luxury auto body 9222 Monroe rd Charlotte NC 28270.” 12161184 10/4, 10/11, 10/18

LIEN SALE

State of North Carolina Mecklenburg County file# 22sp2338 In the Matter of: Petitioner Luxury auto body vs Andrew Williams capital one auto finance respondents. Take notice that a pleading seeking relief against you has been file in the above entitled action. The nature of the relief sought is to satisfy a possessory lien $11,000 of or towing, storage and service to 2021 Buick vin# KL4cjasb4mb307612 by sale of said vehicle which is registered in your name. Public sale of the 2021 buick vin KL4cjasb4mb307612 will be on 11/04/2022 11:00 am at 9222 Monroe rd Charlotte NC 28270. Contact Kevin Nguyen at 9222 Monroe rd Charlotte NC 28270. Location of the property is at luxury auto body 9222 Monroe rd Charlotte NC 28270.” 12161183 10/4, 10/11, 10/18

NOTICE OF SERVICE OF

PROCESS BY PUBLICATION

NORTH CAROLINA

MECKLENBURG COUNTY

IN THE GENERAL COURT DIVISION

BRADLEY’S WRECKER SERVICE, INC 2909 BOXMEER DRIVE CHARLOTTE NC 28269 VS

TEKORIA FIELS 903 LYNN ST APT J CHARLOTTE NC 282082288 SERENA LATAYSHIA OLIVER 6328 COUNTRYSIDE DR APT 12 CHARLOTTE NC 282137337 AMERICAN CREDIT ACCEPTANCE LLC PO BOX 4419 WILMINGTON OH 451774419

Take notice that a petition seeking relief to satisfy a motor vehicle lien has been filed. The nature of relief sought is to satisfy possessory lien of $4650.00 for towing, storage and service to a HYUNDAY 2018 serial number 5NPE24AF2JH639818 by sale of said vehicle which is registered in your name. Vehicle being sold pursuant to Statute 44a4 (B) (1)

2909 Boxmeer Dr Charlotte, NC 28269 at 10:00am on 11/1/2022.

This 3 day of OCTOBER, 2022. Bradley’s Wrecker Service, Inc. 2909 Boxmeer Dr. Charlotte, NC 28269 12162552 10/11, 10/18