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Legal Notices : Legal Notices

NOTICE OF FORECLOSURE SALE FILE NO. 18-SP-22 Under and by virtue of the power of sale contained in that certain Deed of Trust executed by R S I, Inc. to WASLAW, LLC, Trustee, dated October 24, 2013 and recorded in Book 4075, at Page 978 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 February 28, 2018, at 12:00 p.m. and will sell to the highest bidder for cash the following real estate: All those certain tracts or parcel of land lying and being situate in Swansboro and White Oak Townships, Onslow County, North Carolina and being more particularly described as follows: Being all of Lots 13 and 26, as shown on that certain plat entitled "FINAL PLAT SUDDEN RIDGE Swansboro & White Oak Twp., Onslow Co., North Carolina, Owner: Maurice Capps Investment Company dated 12/5/12," prepared by Parker & Associates, Inc., said plat being recorded in Map Book 66, Pages 213 and 213A, Cabinet N, in the office of the Register of Deeds of Onslow County. This conveyance is made subject to a non-exclusive, perpetual right of way and easement for the purposes of ingress, egress, regress, access, the installation and maintenance of utilities, further subdivision and the right to dedicate roads to public authorities without the joinder of other parties as reserved and retained by J.E. McCotter Land Company, LLC, over Pineflat Way (including extending the road through the cul-de-sac) and Ridgepath Lane, by deed recorded in Book 3872, Page 428 and as shown on the map recorded in Map Book 66, Pages 213 and 213A, both in the office of the Register of Deeds of Onslow County. The property hereby conveyed includes the following Special Declarant Rights (and only those Declarant Rights), set forth in the restrictive covenants recorded in Book 4094, Page 688 in the office of the Register of Deeds of Onslow County, which were reserved by RSI, Inc., in those restrictive covenants: 1. the right to construct houses and improvements on the aforesaid lots without being required to obtain the prior written approval of the Sudden Ridge Owners Association Architectural Control Committee of the plans and specifications for such construction, reserved by RSI, Inc. in Article VI, Section 2 of the restrictive covenants; and 2. the easements reserved by RSI, Inc. in Article X, Paragraphs A, B, C, D, E, F, G, H and K of the restrictive covenants. This is a portion of the property described in the Deed of Trust recorded in Book 4075, at Page 978 in the office of the Register of Deeds of Onslow County. Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book 4075, at Page 978 in the office of the Register of Deeds of Onslow County. The current property owner is R S I, Inc. The Substitute Trustee may, in the Substitute Trustee's sole discretion, delay the sale for up to one hour as provided in N.C. Gen. Stat. 45-21.23. 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, as well as the assessment fee of up to Five Hundred Dollars ($500.00) required by NCGS 7A-308(a)(1), and other costs of closing the sale. If the Substitute Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and/or reinstatement of the loan. If the validity of the sale is challenged by any party, the Substitute Trustee, it 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. 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 31st day of January, 2018. Patrick Mulligan, Attorney for Mulligan Epstein Attorneys, PLLC Substitute Trustee 2802 Market Street Wilmington, NC 28403 Telephone: (910) 763-1100 February 14, 21, 2018 (adv)