NORTH CAROLINA
NEW HANOVER COUNTY
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
25SP001598-640
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM WILMINGTON RESORT AND CLUB, LLC, DATED SEPTEMBER 20, 2023, RECORDED IN BOOK RB 6667, PAGE 9, NEW HANOVER COUNTY REGISTRY, AND RECORDED IN BOOK 5079, PAGE 1124, BRUNSWICK COUNTY REGISTRY
NOTICE OF FORECLOSURE SALE
**THIS PROCEEDING IS SUBJECT TO NORTH CAROLINA GEN. STAT. § 45-21.7 – SALE OF SEPARATE TRACTS IN DIFFERENT COUNTIES – When the property to be sold consists of separate tracts of real property situated in different counties, there shall be a separate advertisement, sale and report of sale of the property in each county but only one hearing is necessary in one designated county**
Pursuant to an order entered December 2, 2025, in the Superior Court for New Hanover County, and the power of sale contained in the captioned deed of trust ("Deed of Trust"), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash,
AT THE COURTHOUSE DOOR IN
WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA
ON JANUARY 5, 2026,
AT 12:00 P.M.
the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in New Hanover County, North Carolina, and being more particularly described as follows:
SEE ATTACHED EXHIBIT "A"
THIS PROPERTY IS SUBJECT TO THE BROWNFIELDS AGREEMENT ATTACHED AS EXHIBIT A TO THE NOTICE OF BROWNFIELDS PROPERTY RECORDED IN BOOK 6318, Page 1384 OF THE NEW HANOVER COUNTY REGISTRY.
In the Trustee's sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.
The record owner of the real property not more than ten days prior to the date hereof is Wilmington Resort and Club, LLC.
A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by non-warranty deed. The property is being offered for sale, transfer and conveyance "AS IS, WHERE IS." Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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 property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.
This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. 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 120 days following the date when the final upset bid period has run.
The purchaser of the property described above shall pay the Clerk's Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A-308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.
To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following:
a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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
b. 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 sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
This 2nd day of December, 2025.
NCFC SERVICES LLC, Substitute Trustee
By:/s/ James S. Livermon, Jr.
James S. Livermon, Jr., Manager
P.O. Box 217
Enfield, NC 27823
Telephone: (252) 445-5188
EXHIBIT A-II
LEGAL DESCRIPTION OF NEW HANOVER COUNTY PROPERTY
TRACT V:
The parcel(s) of real property located in Wilmington, New Hanover County, NC at 105 and 125 Battleship Road (R05300-001-002-000 and R05300-001-001-000) and comprised of approximately 18.75 +/- acres and as more particularly described in Deed Book 5824, Page No. 1509, New Hanover County Registry, together with all buildings and improvements thereon and all fixtures and appurtenances thereto.
BEING ALSO DESCRIBED AS FOLLOWS:
PARCEL I:
BEGINNING at a cypress tree standing on the west bank of the Cape Fear River on the North edge and at the mouth of a canal about 90 poles South from the causeway and running thence up said canal North 77 degrees West 7.95 chains to a post on the South edge of said canal at a rice field bank, the Brunswick County line, thence due North along said line and said bank, with its center to a stake, same being the corner of the land sold by A.H. Harris and wife, to the Diamond Steamboat and Wrecking Co.; thence North about 82-1/2 degrees East along the Southern line of lands sold by A.H. Harris and wife, to the Diamond Steamboat and Wrecking Co., to the Cape Fear River, thence with the line of the Cape Fear River South to the beginning at a large cypress tree. Being the same property described in deed to R.R. Stone dated January 25, 1924 and recorded in Book 150, Page 286 of the New Hanover County Registry.
PARCEL II:
BEGINNING at the southeast corner of a tract of land formerly owned by Alexander Oldham, at a point in front of the wharf 572 feet Southwardly from the causeway road, said point being the Northeast corner of the tract of land purchased by the Diamond Steamboat and Wrecking Company from A.H. Harris and wife, runs thence South 83-1/4 degrees West 792 feet more or less to a marble post in the County line between New Hanover and Brunswick Counties; thence Northwardly with the said County line 92 feet; thence North 83-1/4 degrees East 792 feet more or less to the Cape Fear River; thence Southwardly with the front of the wharf and along the said river 92 feet to the beginning, being the same tract purchased by J. L. Gore from Joseph H. Chadbourn and Company by deed dated August 13, 1893 and duly recorded in Book TTT at Page 255 of the New Hanover County Registry. Being the same property described at the First Tract in the deed to R.R. Stone dated June 22, 1932 and recorded in Book 232, Page 92 of the New Hanover County Registry.
PARCEL III:
BEGINNING at a point on the West bank of the Cape Fear River on Eagles' Island 301 feet Northwardly from the point where the center of Orange Street if extended, would intersect the Western bank of the Cape Fear River, and 572 feet from the Southern line of the causeway road, now or formerly Alexander Oldham's corner; thence South 83-1/4 degrees West 12 chains to a marble post in the New Hanover – Brunswick County line; thence South with the said County line 2 chains and 23 links to a stake North 83-1/4 degrees East 11 chains 92 links to the Cape Fear River and thence North along the shore line of the river 146 feet to the point of beginning, the same being the tract described in a deed from J.S. Williams and wife, to Edgar D. Williams and wife by deed duly recorded in Book 71 at Page 684 of the New Hanover County Registry; And being the same property described as the Second Tract in deed to R.R. Stone dated June 22, 1932 and recorded in Book 232, Page 92 of the New Hanover County Registry.
PARCEL IV:
BEGINNING on the river 280 feet Southwardly from the Southern line of the Causeway running thence South 86 degrees West 8 chains, 25 links; thence North 1 degree West 4 chains 10 links to the causeway; thence with the causeway Westwardly 3 chains 68 links to the Brunswick County line; thence with the Brunswick County line Southwardly 6 chains 41 links to DeRosset's corner; thence with DeRosset's line North 83-3/4 degrees East 12 chains more or less to the river; thence Northwardly with the Western bank of the river 200 feet to the beginning, the same being part of Blocks 396, 397, 398, 399, 400 and 401 according to the official plan of the City of Wilmington, N.C. and being the land conveyed by Sol C. Well, Commissioner to George W. Williams, Trustee, by deed dated March 1, 1888 and duly recorded in Book AAAA at Page 440 of the New Hanover County Registry.
PARCEL V:
BEGINNING on the Western side of the Cape Fear River, at the Northeast corner of a tract of land conveyed by George L. Morton and wife, to M. J. Corbett, Trustee, by deed dated the 9th of October, 1915, and recorded in the records of the New Hanover County, NC in Book 87 at Page 218, and said corner being 280 feet Southwardly from the southern side of the ditch or canal which runs by the side of the causeway or main road over Eagles Island, and said BEGINNING point being the Southeastern corner of the wharf now or formerly owned by the North Carolina line: thence with the dividing line between the party of the first part and M. J. Corbett, Trustee, South 89 degrees 35 minutes West (passing through iron pipes at distances 51 feet and 370.2 feet) 551.7 feet to an iron pipe, located near the west edge of a road; thence North 3 degrees 12 minutes East along the West side and edge of said road 271.6 feet to a stake in the southern edge of the above-mentioned causeway (said stake being located 16 feet East and 8 feet North of the Northeast corner of the concrete base of a stable or warehouse, and near the Southern edge of the above-mentioned causeway, canal or ditch); thence North 89 degrees 05 minutes East along the Southern edge of said causeway 502.5 feet to the edge of the wharf; thence the same course continued to the Channel of the Cape Fear River; thence down the Channel of said River in a Southernly direction to a point that bears North 89 degrees 35 minutes East from the BEGINNING, thence South 89 degrees 35 minutes west to the BEGINNING; the same being formerly part of Blocks 396 and 397 according to the official plan of the City of Wilmington, NC and according to a survey made by Lewis L. Merritt, C.E., in March 1931, and being the same tract of land conveyed to D. L. Gore by deed, duly recorded in the records of New Hanover County, NC in Book 23 at Page 661, and being also the same tract of land conveyed to J. Dallas Orrell and wife, Virginia B. Orrell, by North Carolina line by deed dated January 14, 1944 and duly recorded in Book 355 at Page 231 of the records of the Register of Deed of New Hanover County aforesaid. Being also same tract of land conveyed to P & P, Inc. by deed recorded in Book 963 at Page 870 of the New Hanover County Registry.
THE FOLLOWING IS EXCEPTED FROM THE PROPERTY DESCRIPTION:
Beginning at an iron pipe in the southern line of USS N.C. Battleship Road (NC Secondary Road #1352), (60 foot wide right of way) that is located North 84 degrees 52 minutes 12 seconds East 260.00 from the intersection of the Southern line of said Battleship Road with the Eastern line of International Paper Co. Road, (Secondary Road #1300), (60 foot wide right of way), and runs thence FROM THE POINT OF BEGINNING, along the southern line of said Battleship Road, North 84 degrees 54 minutes 12 seconds East, 150.0 feet to an iron pipe at the terminus of said road, and in the West bank of the Cape Fear River, thence, continuing along the same course, North 84 degrees 54 minutes 12 seconds East, 85 feet, more or less to the US Harbor Line of the Cape Fear.
December 26, January 2 2026
LWLM0420213