Details for STATE OF NORTH CAROLINA, COUNTY OF
STATE OF NORTH CAROLINA, COUNTY OF AVERY IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, 20-SP-31. IN THE MATTER OF THE FORECLOSURE of the North Carolina Deed of Trust from Aronowitz Delaware 2 Family L.P., a Delaware limited partnership, and successor by merger with Aronowitz DE Family, L.P., a Delaware limited partnership, dated as of January 6, 2011 and recorded on January 6, 2011 in Book RE 453, Page 514, Avery County Registry, as amended by that Modification of Promissory Note and Deed of Trust, dated as of October 31, 2016 and recorded on November 1, 2016 in Book RE 504, Page 1217, Avery County Registry, by MFS Trustee LLC, Substitute Trustee. NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE. Under and by virtue of the power and authority contained in that North Carolina Deed of Trust executed and delivered by Aronowitz Delaware 2 Family L.P., a Delaware limited partnership, dated as of January 6, 2011 and recorded on January 6, 2011 in Book RE 453, Page 514, Avery County Registry, as amended by that Modification of Promissory Note and Deed of Trust, dated as of October 31, 2016 and recorded on November 1, 2016 in Book RE 504, Page 1217, Avery County Registry (as amended, modified, supplemented, extended or renewed, the “Deed of Trust”), and because of default in the payment of the indebtedness thereby secured and 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 said Deed of Trust, and pursuant to the Order of the Superior Court for Avery County, North Carolina, entered in this foreclosure proceeding, the undersigned, MFS Trustee LLC, Substitute Trustee, will expose for sale at public auction on November 29, 2021 at 10:00 A.M., at the appropriate place for foreclosure sales on the first floor of the Avery County Courthouse located at 200 Montezuma Street, Newland, North Carolina 28657, the real property described in said deed of trust (including any improvements thereon) which is more particularly described as follows: BEING all of Lots 203 and 203A, The Meadows Section of the property known as Elk River Development as shown on plat thereof recorded in Map Book 24, Page 79 of the Avery County, North Carolina, Public Registry, to which plat reference is hereby made for a more complete description. Together with and subject to all covenants, easements and restrictions of record. This sale shall not include any portion of the real property that has been released by recorded releases or any real property described in the Deed of Trust which is not described above. The sale will be subject to any and all superior mortgages, deeds of trust and liens, including without limitation, the lien of unpaid taxes and assessments, easements, conditions, restrictions and matters of record. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of one-hundred twenty (120) days following confirmation of the sale. The above-described real property will be sold “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 or any physical, environmental, health or safety conditions existing in, on, at or relating to the real property being sold, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions are expressly disclaimed. The record owner of the above-described real property as reflected on the records of the Avery County Register of Deeds not more than ten (10) days prior to the posting of this notice is as follows: Aronowitz Delaware 2 Family, L.P., a Delaware limited partnership. Pursuant to North Carolina General Statute § 45-21.10(b), any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of the greater of five percent (5%) of the last bid or $750.00. 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, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes §45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid. This sale will be held open ten (10) days for upset bids as required by law. If the real property to be sold pursuant to this notice of sale is residential property with less than 15 rental units then: (i) an order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 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; and (ii) any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord, and upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. This notice has been posted in the Avery County Courthouse on the 5th day of November, 2021, by MFS Trustee LLC, Substitute Trustee, 3605 Glenwood Avenue, Suite 500, Raleigh, North Carolina 27612, Telephone: 919-787-8880, Facsimile: 919-325-4717.