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AMENDED NOTICE OF FORECLOSURE SALE FILE NO. 17-SP-415

Legal Notices : Legal Notices

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AMENDED NOTICE OF FORECLOSURE SALE FILE NO. 17-SP-415 Under and by virtue of the power of sale contained in that certain Deed of Trust executed by SAI BABA HOSPITALITY OF NC, LLC to Cuong Tran, Trustee, dated September 18, 2009 and recorded in Book 3298, at Page 111 in the Onslow County Registry, Jacksonville, North Carolina, default having been made in the payment of the Note thereby secured by the said Deed of Trust, and the undersigned having been substituted as Trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the Holder of the Note evidencing the 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 Jacksonville, Onslow County, North Carolina, on October 26, 2017, at 12:00 p.m. and will sell to the highest bidder for cash the following real estate: Generally described as certain real property, with any and all improvements thereon, located in Onslow County, North Carolina, and being more particularly described as follows: In the City of Jacksonville, Onslow County, North Carolina BEING ALL of Lot 9 as described in the plat entitled "Foxhorn Village, Section I - Phase I, Revised Portion #2" by Barden Lanier and Associates dated November 24, 1986 recorded in Map Book 24, Page 107, Slide D-55. Being also all of the same property described in a Warranty Deed from James McCotter Investment Company et al to Jacksonville Super 8 Motel, Ltd. dated December 23, 1986 recorded December 31, 1986 in Book 813 Page 285. Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book 3298, at Page 111 in the office of the Register of Deeds of Onslow County. This is the same property described in the Deed of Trust recorded in Book 3298, at Page 111 in the office of the Register of Deeds of Onslow County. The current property owner is Sai Baba Hospitality of NC, LLC. The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners' association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics' and materialmen's liens, and any recorded releases. The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS, AND WITH ALL FAULTS." Neither the Substitute 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 representatives of either the Substitute Trustee or the Holder of the Note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price. A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee's Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee's Deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he may remain liable on his bid as provided for in N.C. Gen. Stat. 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. An order for possession of the property may be issued pursuant to N.C. Gen. Stat. 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. In accordance with N.C. Gen. Stat. 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, including single-family residential real property, 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 herein, provided that the mortgagor/grantor 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. This the 7th day of September, 2017. Benjamin E. F. B. Waller Attorney for WASLAW, LLC Substitute Trustee Post Office Box 8088 Greenville, NC 27835-8088 Telephone: 252.215.4000 October 12, 19, 2017 (adv)