Legals

Musika - 08-SP-224 - Legal

NOTICE OF SALE OF REAL
ESTATE BY SUBSTITUTE
TRUSTEE

NORTH CAROLINA
COUNTY OF CURRITUCK

IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 08-SP-224

In the matter of the foreclosure of the deed of trust of

THOMAS L. MUSIKA & Wife MISHELLE L. MUSIKA, Grantors.
TO: LAURA F. MEADS. Substitute Trustee

As recorded in Book 969 at page 818 of the Currituck County Registry. See Substitution of Trustee as recorded in Deed Book 1066, Page 119, Currituck County Registry, appointing Laura F. Meads as Substitute Trustee.

TO: THOMAS L. MUSIKA
240 Woodland Dr.
Southern Shores, NC 27949

MISHELLE L. MUSIKA
240 Woodland Dr.
Southern Shores, NC 27949

Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to GBTC, Inc. dated October 11, 2006 filed for record on October 11, 2006, securing indebtedness in the original principal amount of $200,000.00 as recorded in Deed Book 969 at Page 818, Currituck County Registry (hereinafter, the “Deed of Trust”), and because of the default in the payment of the indebtedness thereby secured and the failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order of the Clerk of Superior Court of Currituck County, North Carolina, entered in this foreclosure proceeding, the undersigned Laura F. Meads, Substitute Trustee, will expose for sale at public auction on January 9, 2009 at 10:00 a.m. at the usual place of sale as designated by the Clerk of Court for foreclosure sales at the Currituck County Courthouse, Currituck, North Carolina, the real property in Fruitville Township, Currituck County, North Carolina (including any improvements thereon), with the address of 2072 Midnight Pass, Corolla, North Carolina 27927, and as described herein as follows:

All that certain tract or parcel of land situated in Fruitville Township, Currituck County, North Carolina and more particularly described as follows:

Tract and Lot 7, Parcel B of Wild Horse Estates I Subdivision as shown and delineated on that certain map or plat thereof titled “Wild Horse Estates I, Parcel B, Ocean Carova, Fruitville Township, Currituck County, North Carolina” dated June 12, 2003, and prepared by Michael W. Robinson, Registered Land Surveyor, with the Bissell Professional Group, and recorded in Plat Cabinet H, Slides 169 through 171 in the office of the Register of Deeds of Currituck County, North Carolina, to which reference is made for a more particular description of the property herein described and conveyed.

The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.

The record owners of the above-described real property as reflected on the records of the County Register of Deeds not more than ten (10) days prior to the posting of this Notice IS:

THOMAS L. MUSIKA
240 Woodland Dr.
Southern Shores, NC 27949

MISHELLE L. MUSIKA
240 Woodland Dr.
Southern Shores, NC 27949

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 County Clerk of Superior Court.

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 the sale, terminate the rental agreement upon 10 days written notice to the landlord. Upon teffi1ination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

Pursuant to N.C.Gen.Stat. §45.21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at the time, he shall remain liable on his bid as provided for in N.C. Gen. Stat. §45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law.
This the 16th day of December, 2008.
SHARP MICHAEL GRAHAM and EVANS, L.L.P.
Laura F. Meads
Substitute Trustee
PO Drawer 1027
Kitty Hawk, NC 27949
Telephone: (252) 261-2126
N.C.S.B. No. 36935

12/28, 1/4

This post has been viewed 234 time(s)

© 2008 NE NC News.