Details for NORTH CAROLINA BRUNSWICK COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION FILE NO.
NORTH CAROLINA BRUNSWICK COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION FILE NO. 18 CVS 1196 BRANCH BANKING AND TRUST COMPANY Plaintiff vs. THE ESTATE OF JOSEPH JOHN CATHEY, SUSAN O'BRIEN (Individually and as Executor of the Estate of Joseph John Cathey), MILLIKEN INVESTMENTS, INC., D/B/A SHALLOTTE ELECTRIC STORES, SUNTRUST BANK, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, DIVISION OF MOTOR VEHICLES, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, (Successor by Merger to Chemical Bank). Defendants NOTICE OF PUBLIC SALE
Under and by virtue of the power of sale contained in that certain deed of trust executed by Joseph J. Cathey and wife, Beverly A. Cathey dated February 20, 2004 to Branch Banking and Trust Company, beneficiary, recorded in Book 1913, Page 1263, Brunswick County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Brunswick County Superior Court pursuant to the Order entered on March 11, 2019 and filed on March 11, 2019 with the Clerk of Superior Court of Brunswick County, said Order having been recorded in Book 4201, Page 27, Brunswick County Registry; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of Brunswick and State of North Carolina, and more particularly described as follows: All that certain parcel of land lying and being situated in the County of BRUNSWICK, State of NC, to-wit: Being all of Lot 123, Gate 3 of Seaside North Subdivision as shown on survey by Patrick A. Allen RLS dated December 2, 1987 a plat of which is duly recorded in Map Cabinet U at Page 72 of the Brunswick County Registry. Tax Map Reference: 2423C123 Included with the real property is a 1994 mobile home, Vehicle Identification Number CLF000272NCA-B which is affixed to the real property. This mobile home will be sold as a part of the real property as is permitted by the provisions of N.C.G.S. 425-9-604 and pursuant to the Order for Declaratory Relief and Judicial Foreclosure recorded in Book 4201, Page 27, Brunswick County Registry. PROPERTY ADDRESS/LOCATION: 1541 Gate 3 SW, Ocean Isle Beach, NC 28469 DATE OF SALE: September 17, 2019 TIME OF SALE: 10:30 A.M. LOCATION OF SALE: BRUNSWICK County Courthouse RECORD OWNER(S): Susan O'Brien
TERMS OF THE SALE:
(1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies; (e) the provisions of the Judicial Foreclosure Order entered by the Court on March 11, 2019; and (f) the confirmation of the sale by the Court pursuant to the provisions of G.S. 41-339.28. (2) The property is being sold "as is". Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving this Notice of Public 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 this Notice of Public 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. (6) An order for possession of the property being sold may be issued pursuant to N.C.G.S. 445-21.29 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. (7) If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee's attorney, or the Substitute Trustee. This the 13th day of August, 2019. By Goddard & Peterson, PLLC Substitute Trustee 3803 Computer Drive Suite 103 Raleigh NC 27609 (919) 755-3400 ALS 970395-7571 ***This communication is from a debt collector. The purpose of this communication is to collect a debt. (9-4,11c)