Details for IN THE GENERAL COURT OF JUSTICE OF N

IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION NASH COUNTY 20 SP 47 IN THE MATTER OF NORTH CAROLINA DEED OF TRUST BY NEELA, LLC TO BATTLE, WINSLOW, SCOTT & WILEY, P.A., AND SUBSEQUENTLY KATHERINE B. WILKERSON, SUBSTITUTE TRUSTEE; RECORDED AT BOOK 2298, PAGE 867 OF THE NASH COUNTY REGISTRY; SUBSTITUTION OF TRUSTEE RECORDED AT BOOK 3035, PAGE 324, IN THE NASH COUNTY REGISTRY NOTICE OF SALE Date and Hour for Sale: Thursday, July 16, 2020, at 11:00 a.m. Place of Sale: Nash County Courthouse, 234 W Washington Street, Nashville, NC 27856 Under and by virtue of the power and authority contained in that certain North Carolina Deed of Trust from NEELA, LLC to Battle, Winslow, Scott & Wiley, P.A., as Trustee, for the benefit of the Lender, dated February 28, 2007, recorded on February 28, 2007, in Book 2298, Page 867 of the Nash County Registry (the "Deed of Trust") and because of default having been made in the payment of the indebtedness secured by the Deed of Trust and failure to do and perform the stipulations and agreements therein contained, pursuant to demand of Ameris Bank, the current Owner and Holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order entered by the Clerk on June 22, 2020, the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash the property conveyed in the Deed of Trust, the same being that tracts or parcels of land lying and being in the Nash County, North Carolina, and being more particularly described as follows: BEGINNING at an existing iron pipe in the eastern right of way of NC Highway 48, said point also being the southwestern corner of the property of A. Donald Stallings and June S. Shearin (formerly Pearsall property); thence running from said beginning point along the southern property line of the Pearsall property (formerly) South 59 degrees 30 minutes East 543 feet to an existing iron pipe, a corner with C.E. Deans (now or formerly); thence along the western property line of C.E. Deans (now or formerly) South 30 degrees 30 minutes West 363 feet to an existing iron pipe; then continuing along the northern property line of C.E. Deans (now or formerly) North 65 degrees 37 minutes West 400.25 feet to an existing iron pipe in the eastern right of way of said NC Highway 48; thence continuing along the eastern right of way of said NC Highway 48 the following courses and distances: North 00 degrees, 56 minutes West 65 feet; North 04 degrees 53 minutes East 100 feet; North 09 degrees 38 minutes East 69.63 feet; North 14 degrees 53 minutes East 100 feet; North 21 degrees 05 minutes East 100 feet to an existing iron pipe, the POINT AND PLACE OF BEGINNING and being all of that property as shown on plat of survey prepared by Mack Gay Associates, P.A., dated November 18, 1988, revised to December 14, 1988, and entitled "Property Map for Motel 6, Inc.", and also containing all of that property conveyed to the Imperial '400' Inc. recorded in Book 1040, page 97, Nash County Registry, and being the identical property conveyed by Motel 6 to Sunil Enterprises, LLC by deed recorded December 12, 1997 in Book 1594, Page 462 Nash County Registry. FURTHER SUBJECT, HOWEVER, TO ALL OUTSTANDING, UNPAID, AND SENIOR TAXES OR SPECIAL ASSESSMENTS (AS REFERENCED IN G.S. 105-385) AND ALL PRIOR LIENS, EASEMENTS, CONDITIONS, RESTRICTIONS AND OTHER PRIOR MATTERS OF RECORD. To the best of the knowledge and belief of the undersigned, the current owner of the property according to the Nash County Register of Deeds not more than ten (10) days prior to the Posting of this Notice is Neela, 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, unpaid, and senior taxes and any assessments that may be due or past due (as referenced in G.S. 105-385) and all prior liens of record. 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. ยง 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. This the 22nd day of June, 2020. Katherine B. Wilkerson, Substitute Trustee The Banks Law Firm Post Office Box 14350 Research Triangle Park, NC 27709 Phone: (919) 474-9137 Fax: (919) 474-9537 347663 6/30, 7/7, 2020

Categories