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AMENDED NOTICE OF SALE OF REAL ESTATE 09-SP-86
amended notice sale real estate 09-sp-86 furniture electronics for rent services monroe legalsad announcementcat legals enquirerjournalclassifieds
location: monroe 28202-6006
AMENDED NOTICE OF SALE OF REAL ESTATE 09-SP-86 Under and by virtue of the authority of the North Carolina statutes, the applicable declarations and/or restrictions filed of record, and Claim of Lien filed by HOMEOWNERS ASSOCIATION FOR COLONIAL VILLAGE, INC. a/k/a COLONIAL VILLAGE NEIGHBORHOOD ASSOCIATION, INC. (hereinafter "the Association") recorded on December 5, 2008 in the Office of the Clerk of Superior Court for Union County, North Carolina, in docket #08-M-2015, and because of the owner's default in the payment of the indebtedness secured by the Claim of Lien, pursuant to demand of the Petitioner, the undersigned will expose for sale at public auction to the highest bidder for cash the property therein described, to wit: BEING all of Lot 130 of Colonial Village, Phase Three, as shown on Plat Cabinet G. At file 175 in the Union County Registry. Address of Property: 1500 Winthrop Lane, Monroe, NC 28110 Present Record Owner(s): JAMES M. BLAKENEY SHERRY L. BLAKENEY The terms of the sale are that the real property described above will be sold for cash to the highest bidder and that the undersigned may require the successful bidder at the sale to immediately deposit cash or a certified check not to exceed the greater of five percent (5%) of the amount of the bid, or Seven Hundred and Fifty Dollars ($750) may be required at the time of the sale. The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance "As Is, Where Is". Neither the Trustee, Substitute Trustee, Attorney, Agent nor the holder of the Lien make any representation or 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 conditions are expressly disclaimed. The Property will be sold subject to restrictions and easements of record, any unpaid taxes, superior and prior liens and special assessments, any transfer tax in association with the foreclosure and the tax of forty-five cents (45¢) per One Hundred Dollars ($100.00) with a minimum tax of $10.00 and a maximum of $500.00 as required by N.C.G.S.ß 7A-308(a)(1). The sale will be held open for ten (10) days for upset bids as by law required. The following disclosures are made in compliance with N.C.G.S. ß42-45.2 and 45-21.16A(b): Any tenant who resides in residential real property that is being sold in a foreclosure proceeding under Article 2A of Chapter 45 of the General Statutes and containing less than 15 rental units pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may terminate the rental agreement for the dwelling unit after receiving notice pursuant to G.S. 45-21.17(4) by providing the landlord with a written notice of termination to be effective on a date stated in the notice that is at least 10 days after the date of the notice of sale. Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at the time that would have been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due only to the early termination of the tenancy. An order for possession of the property may be issued pursuant to N.C.G.S. ß 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. Date and Hour for Sale: FEBRUARY 18, 2010 at 12:00 noon Place of Sale: Judicial Center, Union County, 400 N. Main Street Monroe, NC 28110 Date of this Notice: . HORACK, TALLEY, PHARR & LOWNDES PA Attorneys for Homeowners Association for Colonial Village Michael S. Hunter, (NCSB #14145) 2600 One Wachovia Center 301 S. College Street Charlotte, North Carolina 28202-6038 Telephone: (704) 377-7208 Facsimile: (704) 372-2619 February 9, 16, 2010
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