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Order no: 15513383
Publication: ENC Internet
Start Date: 06/30/2020
Expires: 07/07/2020
STATE OF NORTH CAROLINA COUNTY OF ONSLOW NOTICE OF FORECLOSURE SALE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 20 SP 171 In the Matter of the Foreclosure of the Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing executed by Hauck Holdings Jacksonville NC, LLC, an Ohio limited liability company, and assumed by WESTERN PLAZA, LLC, a Delaware limited liability company, Grantor To: Elizabeth Wright,Substitute Trustee, dated as of May 22, 2007, recorded in Book 2884, at Page 814, of the Onslow County Register of Deeds. Substitution of Trustee recorded in Book 5085, at Page 132. NOTICE IS HEREBY GIVEN that under and by virtue of the power of sale contained in the Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing dated May 22, 2007, executed by Hauck Holdings Jacksonville NC, LLC, an Ohio limited liability company, as grantor (the Deed of Trust), being recorded in Book 2884, at Page 814, of the Onslow County Register of Deeds (the Records), the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash at the Onslow County Courthouse, Jacksonville, North Carolina, at 1:00 P.M. on July 8, 2020, all of the Property as conveyed, defined and described in the Deed of Trust including, but not limited to, the following: (i) All that certain real property described in Exhibit A attached hereto, together with all Improvements thereon as defined and described in the Deed of Trust; and (ii) All other components of the Property, all as defined and described in the Deed of Trust. This foreclosure includes personal property and fixtures as permitted by N.C.G.S. 25-9-604. Together with and subject to tenants in possession, as tenants only, under any leases or rental agreements, recorded or unrecorded. This sale is made subject to all prior liens, current ad valorem taxes or unpaid ad valorem taxes, special assessments, any transfer tax associated with the foreclosure, easements, rights of way, deeds of release and any other prior encumbrances or exceptions of record. The record owner of the Property, as reflected in the Records as of June 2, 2020, is Western Plaza, LLC, a Delaware limited liability company. The Property is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the Substitute Trustee, nor the holders of indebtedness secured by the Deed of Trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holders of such indebtedness make any representation or warranty relating to the title, leasehold interests 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 such conditions are expressly disclaimed. The Substitute Trustee, after the sale, shall require the highest bidder immediately to make a cash deposit of 5% of the amount of the bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance of the bid amount in cash at the time the Substitute Trustee tenders a deed or attempts a tender of the deed for the Property, which shall be a date not more than thirty (30) days following the time for upset bids has expired; and should the successful bidder fail to pay at that time the full balance of the bid amount, he shall remain liable on the bid as provided in North Carolina General Statutes Section 45-21.30(d) and (e). This sale shall be held open for upset bids filed in compliance with North Carolina General Statutes Section 45-21.27. TIME: 1:00 P.M. on July 8, 2020. PLACE: Onslow County Courthouse, 625 Court Street, Jacksonville, NC 28540 TERMS: Cash This the 4th day of June, 2020 Elizabeth Wright, Substitute Trustee EXHIBIT A DESCRIPTION OF LAND ALL of that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being Commencing at an existing N.C,G.S monument entitled "ECONO" and having N.C. Grid values of North 377,723.4309 and Eastern values of 2,482,746.1401; and running thence from the said existing N.C.G.S. monument North 05 degrees 54 minutes 20seconds East and having a Grid disiance of 381.45 feet to a point located along the Northwestern right of way of U.S. Highway 17 (184 foot right of way); thence along the said right of way North 47 degrees 58 minutes 42 seconds East and having a distance of 331.74 feet to an existing iron stake, thence North 47 degrees 59 minutes 30 seconds East and having a distance of 377.92 feet to an existing iron stake, said iron stake also being THE TRUE POINT OF BEGINNING: thence leaving the said Northwestern right of way of U.S. highway 17 and running North 41 degrees 58 minutes 37 seconds West 199.84 feet to an existing iron stake; thence South 47 degrees 58 minutes 55 seconds West 36.80 feet to a point; thence North 41 degrees 56 minutes 56 seconds West 303.62 feet to an existing P.K. Nail; thence South 48 degrees 04 minutes 08 seconds West 208.79 feet to a P.K. Nail; thence North 41 degrees 58 minutes 37 seconds West 119.67 feet to an existing P.K. Nail; thence North 47 degrees 59 minutes 28 seconds East 49.62 feet to an existing P.K. Nail; thence North 41 degrees 44 minutes 47 seconds West 22.90 feet to an existing P.K. Nail; thence North 48 degrees 01 minutes 15 seconds East 104.56 feet to an existing P.K. Nail; thence North 41 degrees 55 minutes 47 seconds West 141.82 feet to an existing P.K. Nail; thence North 48 degrees 02 minutes 45 seconds East 125.50 feet to an existing P.K. Nail; thence North 41 degrees 54 minutes 04 seconds West 183.86 feet to an existing iron stake; thence North 47 degrees 57 minutes 55 seconds East 320.44 feet to an existing iron stake; thence South 42 degrees 03 minutes 52 seconds East 772.66 feet to an existing iron stake; thence South 48 degrees 05 minutes 13 seconds West 215.03 feet to an existing P.K. Nail; thence South 41 degrees 54 minutes 44 seconds East 199.95 feet to an existing iron stake located along the Northwestern right of way of U.S. Highway 17; thence along the said right of way South 48 degrees 06 minutes 41 seconds West 141.04 feet to the point and place of beginning. Containing 8.14 acres/354,540.22 square feet and being described as a portion of Parcel 2 of Western Plaza as per Map Book 26, Page 168 of the Onslow County Registry and being subject to all easements of record. The courses contained herein are correct in angular relationship and are referenced to N.C. Grid (NAD 83). TOGETHER WITH Ingress, Egress and Utility Easement recorded in Book 1586, Page 759; Onslow County Registry. AND TOGETHER WITH "Easements in Deed of Declaration recorded in Book 913, Page 632, as re-recorded in Book 939, Page 593; and amended by First Amendment recorded in Book 913, Page 652, as re-recorded in Book 939, Page 589; as amended by Second Amendment recorded in Book 941, Page 75, as amended by Third Amendment recorded in Book 950, Page 202, and as amended by Fourth Amendment recorckd in Book 1660, Page 25, all in Onslow County Registry." AND TOGETHER WITH "Easements with Covenants and Restrictions Affecting Land recorded in Book 894, Page 335, as rerecorded in Book 939, Page 523; and amended by First Amendment recorded in Book 918, Page 396, as rerecorded in Book 939, Page 518; as amended by Second Amendment recorded in Book 936, Page 882, as amended by Third Amendment recorded in Book 941, Page 80, as amended by Fourth Amendment recorded in Book 950, Page 192, as amended by Fifth Amendment recorded in Book I026, Page 152, and as amended by Sixth Amendment recorded in Book 1624, Page 680, all in Onslow County Registry." June 30, July 7, 2020 (adv)


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