Details for Forecl Nicor, Future Advance
STATE OF NORTH
COUNTY OF MOORE
IN THE GENERAL COURT OF JUSTICE
File No. 17 SP 224
IN THE MATTER OF NORTH CAROLINA (FUTURE ADVANCE) DEED OF TRUST BY NICOR, LLC TO JERONE C. HERRING AND SUBSEQUENTLY D. TALMADGE SCARBOROUGH III, SUBSTITUTE TRUSTEE
RECORDED AT BOOK 1770, PAGE 152 OF THE MOORE COUNTY REGISTRY
SUBSTITUTION OF TRUSTEE RECORDED AT BOOK 4862, PAGE 263, IN THE MOORE COUNTY REGISTRY
IN THE MATTER OF NORTH CAROLINA DEED OF TRUST AND SECURITY AGREEMENT BY NICOR, LLC TO BB&T COLLATERAL SERVICE CORPORATION AND SUBSEQUENTLY D. TALMADGE SCARBOROUGH III, SUBSTITUTE TRUSTEE
RECORDED AT BOOK 2988, PAGE 461 OF THE MOORE COUNTY REGISTRY
SUBSTITUTION OF TRUSTEE RECORDED AT BOOK 4862, PAGE 265, IN THE MOORE COUNTY REGISTRY
AMENDED NOTICE OF SALE
Date and Hour for Sale: Tuesday, October 22, 2019, at 11:00 a.m.
Place of Sale: Moore County Court Facility Building, 102 Monroe St., Carthage, NC
Under and by virtue of the power and authority contained in that certain North Carolina (Future Advance) Deed of Trust from Nicor, LLC as Grantor, to Jerone C. Herring, as Trustee, in favor of Branch Banking and Trust Company, as Beneficiary, recorded on June 6, 2001, in Book 4255, Page 155 of the Moore County Registry and the North Carolina Deed of Trust and Security Agreement from Nicor, as Grantor, to BB&T Collateral Service Corporation, as Trustee, for the benefit of the Lender, as Beneficiary, recorded on March 13, 2006, in Book 2988, Page 461 of the Moore County Registry (collectively, the “Deeds of Trust”) and because of default having been made in the payment of the indebtedness secured by the Deeds of Trust and failure to do and perform the stipulations and agreements therein contained, pursuant to demand of CL45 MW Loan 1, LLC, the current Owner and Holder of the indebtedness secured by the Deeds of Trust, and pursuant to the Order of Sale entered by the Court on April 26, 2018, the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash the property conveyed in the Deeds of Trust, the same being that tract or parcel of land lying and being in the County of Moore, State of North Carolina, and being more particularly described as follows:
BEING all of Lot 4 of Turnberry Wood as shown on plat thereof recorded in the Office of the Register of Deeds of Moore County in Plat Cabinet 3, Slide 103, together with all easements, privileges and obligations and including one membership in Turnberry Wood Office Park Association.
FURTHER SUBJECT, HOWEVER, TO ALL OUTSTANDING AND UNPAID TAXES OR ASSESSMENTS AND ALL PRIOR LIENS, EASEMENTS, CONDITIONS, RESTRICTIONS AND OTHER PRIOR MATTERS OF RECORD. THIS SALE IS FURTHER SUBJECT TO THE RIGHT, IF ANY, OF THE UNITED STATES OF AMERICA TO REDEEM THE ABOVE-DESCRIBED PROPERTY FOR A PERIOD OF ONE HUNDRED TWENTY (120) DAYS FOLLOWING CONFIRMATION OF THE SALE.
To the best of the knowledge and belief of the undersigned, the current owner of the property according to the Moore County Register of Deeds not more than ten (10) days prior to the Posting of this Notice is Nicor, LLC.
The terms of the sale are as follows: A cash deposit of the greater of five percent (5%) of the amount bid or seven hundred fifty ($750.00) dollars will be required at the sale; balance due upon delivery of the Substitute Trustee’s Deed. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed. This sale will be held open for ten (10) days for upset bids as required by law.
This sale will be made subject to all outstanding and unpaid taxes and all prior liens of record and any assessments that may be due or past due. 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 and the property will be sold “AS IS”, “WHERE IS”.
THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THE SUBSTITUTE TRUSTEE’S DEED.
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 for such inability to convey include, but are not limited to, the filing of Bankruptcy prior to the completion of the sale and/or the reinstatement of the loan.
An Order for Possession of the property may be issued pursuant to G.S. § 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.
Pursuant to N.C. Gen. Stat. § 45-21.16A, to the extent the property constitutes 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 in the 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.
This the 23rd day of September, 2019.
D. Talmadge Scarborough III,
Pate & Scarborough LLP
PO Box 1669
Pinehurst, NC 28370