• STATE OF NORTH CAROLINA IN THE...

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF MECKLENBURG SUPERIOR COURT DIVISION BEFORE THE CLERK 18 SP 1501 In the Matter of the Foreclosure of the Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing executed by RM at Carolina Pavilion, LLC, a Florida limited liability company, NOTICE OF FORECLOSURE SALE Grantor, To: Patti D. Dobbins, Substitute Trustee, dated as of October 31, 2007, recorded in Book 22998, at Page 560 of the Mecklenburg County Register of Deeds. Substitution of Trustee recorded in Book 32640, at Page 132. NOTICE IS HEREBY GIVEN that under and by virtue of the power of sale contained in the Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing dated October 31, 2007, executed by RM at Carolina Pavilion, LLC, a Florida limited liability company, as grantor, being recorded in Book 22998, at Page 560, Mecklenburg County Registry (the "Deed of Trust"), the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash at the Mecklenburg County Courthouse, Charlotte, North Carolina, at 2:00 o'clock p.m. on the 23rd day of July, 2018, all of the Mortgaged Property as conveyed, defined and described in the Deed of Trust including, but not limited to, the following: (i) All that certain real property described in Exhibit A attached hereto, together with all Improvements thereon as defined and described in the Deed of Trust; and (ii) All other components of the "Mortgaged Property," all as defined and described in the Deed of Trust. This foreclosure includes personal property and fixtures as permitted by N.C.G.S. ยง 25-9-604. Together with and subject to tenants in possession, as tenants only, under any leases or rental agreements, recorded or unrecorded. This sale is made subject to all prior liens, current ad valorem taxes or unpaid ad valorem taxes, special assessments, any transfer tax associated with the foreclosure, easements, rights of way, deeds of release and any other prior encumbrances or exceptions of record. The record owner of the Mortgaged Property, as reflected on the records of the Register of Deeds as of May 14, 2018 is RM at Carolina Pavilion, LLC. The Mortgaged Property is being offered for sale, transfer and conveyance "AS IS, WHERE IS". Neither the Substitute Trustee, nor the holder of the Note secured by the Deed of Trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note make any representation or warranty relating to the title, leasehold interests or any physical, environmental, health, or safety, conditions existing in, on, at or relating to the Mortgaged Property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to such conditions are expressly disclaimed. The Substitute Trustee, after sale, shall require the highest bidder immediately to make a cash deposit of 5% of the amount of the bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance of the bid amount in cash at the time the Substitute Trustee tenders a deed or attempts a tender of the deed for the Mortgaged Property, which shall be a date not more than thirty (30) days following the date the time for upset bids has expired; and should the successful bidder fail to pay at that time the full balance of the bid amount, he shall remain liable on the bid as provided in North Carolina General Statutes Section 45-21.30(d) and (e). This sale shall be held open for upset bids filed in compliance with North Carolina General Statutes Section 45-21.27. TIME: 2:00 o'clock p.m. on July 23, 2018 PLACE: Mecklenburg County Courthouse, 832 E. 4th Street, Charlotte, NC TERMS: Cash This the 21st day of May, 2018. Patti D. Dobbins, Substitute Trustee EXHIBIT A LEGAL DESCRIPTION Being all of Lot 6 as shown on Final Plat entitled "Carolina Pavilion Map 2, Revision of Lot 6 & Tract 1" dated September 6, 1996, last revised September 16, 1996, prepared by GPA Professional Land Surveyors and recorded at Map Book 27, Page 795, in Office of the Register of Deeds for Mecklenburg County, North Carolina (the "Recorded Map''), consisting of 1.580 acres, and being more particularly described as follows, together with the rights arid easements appurtenant thereto as described below: Beginning at a found rebar marking the southwesterly corner of Lot 5 as shown on Recorded Map, thence with the southerly line of the property of Suds Remainder, LLC et at (now or formerly) described in deed recorded in Book 11732 at Page 777 of the Mecklenburg County Public Registry, N 80-09-10 E 245.00 feet to a set rebar; thence with the westerly line of the property of Dim Vastgoed, N.V., S 09-50-50 E 364.42 feet to a found rebar; thence with the northerly line of the right-of-way of Interstate 485 (public right-of-way varies), N 65-34-41 W 296.47 feet to a found rebar; thence with the easterly line of South Boulevard / NC Highway 521, N 09-50-50 W 197.49 feet to the POINT OF BEGINNING. TOGETHER WITH all rights, easements and obligations applicable to the above-described property as provided in that certain Operation and Easement Agreement recorded in Book 8049 at Page 1 of the Mecklenburg County Public Registry. TOGETHER WITH access for ingress and egress to the property as described as Primary Access to Developer Tract as set forth in Operation and Easement Agreement, Article II, Section 2.1 and depicted on Exhibit X, Page 9, said Operation and Easement Agreement being recorded in Book 8049, Page 1, in the aforesaid registry. LP