NOTICE OF SALE OF REAL ESTATE 19-SP-55 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 Association of Co-Owners of Chetola Lake Condominium, Inc. (hereinafter the Association) recorded on April 2, 2019, in the Office of the Clerk of Superior Court for Watauga County, North Carolina, in Docket #19-M-22, and because of the owners 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: An undivided 1/52 interest in fee simple in Unit 1, Spruce Bldg., CHETOLA LAKE Condominium, according to the Declaration of Condominium thereof recorded in Deed Book 235, Page 745, and Unit Ownership Book 5, Page 17, Watauga County, North Carolina Public Registry, as amended from time to time; subject, however, to all of the provisions providing for the use and occupancy of said Unit by Unit Weeks, pursuant to the Occupancy Agreement contained in the said Declaration of Condominium, all of the provisions of which are incorporated herein by this reference; together with the use and occupancy rights appurtenant to Interval 38, subject to and as defined by said provisions. Address of Property: No separate postal address Present Record Owner(s): Dennis James Luszak 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 ($750) may be required at the time of the sale. The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance As Is, Where Is. Neither the Trustee, Attorney, Agent nor the holder of the Lien make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions are expressly disclaimed. The Property will be sold subject to restrictions and easements of record, any unpaid taxes, superior and prior liens and special assessments, any transfer tax in association with the foreclosure and the tax of forty-five cents ($.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. Section 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. Section 42-45.2 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 February 6, 2019, 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. Section 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:July 16, 2019 at 12:00 noon Place of Sale:Watauga County Courthouse, 842 West King Street, Boone, NC 28607 Date of this Notice: June 20, 2019 LAW OFFICE OF REGINALD K. SMITH By: Reginald K. Smith, Trustee 1910 Dale Earnhardt Blvd. P. O. Box 24 Kannapolis, NC 28082 Telephone: 704-938-3139


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