Legal Notices Dec. 31, 2015

Published 2:35 pm Thursday, December 31, 2015

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

AMENDED NOTICE OF

FORECLOSURE SALE

13 SP 63

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Freddie L. Bryant and Shirley A. Bryant (PRESENT RECORD OWNER(S): Shirley Bryant and Freddie Bryant, (Freddie Bryant aka Freddie L. Bryant, deceased)) to Norman L. Nifong, Trustee(s), dated the 20th day of November, 2002, and recorded in Book 450, Page 503, in Davie County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Davie County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Mocksville, Davie County, North Carolina, or the customary location designated for foreclosure sales, at 10:15 AM on January 11, 2016 and will sell to the highest bidder for cash the following real estate situated  in the County of Davie, North Carolina, and being more particularly described as follows:

Beginning at an iron, the Southernmost corner of the within described tract, the Northeastern corner of William R. Clement (Deed Book 124, Page 249) and the Southwestern corner of Agnes F. Hampton (Deed Book 123, Page 274) and running thence with the line of William R. Clement North 73 degrees 57 minutes 38 seconds West 233.97 feet to an iron, William R. Clement’s corner; thence with Clement’s line, North 05 degrees 17 minutes 14 seconds East 190.24 feet to an iron, the Northernmost corner of the within described tract; thence with Peeples line South 68 degrees 08 minutes 44 seconds East 318.01 feet to an iron in the line of Agnes F. Hampton; thence with Hampton line South 32 degrees 54 minutes 40 seconds West 161.64 feet to the point and place of Beginning, containing 1.081 acres, more or less, and being the identical property described in deed recorded in Book 165 at Page 825, Davie County Registry.  Together with improvements located thereon; said property being located at 153 Bryant Lane, Mocksville, North Carolina.

Together with the above-described land there is a non-exclusive perpetual easement of ingress and egress 20 feet in width, the Western boundary of which begins at the Northwestern corner of the above-described lands and runs North 05 degrees 17 minutes 14 seconds East 190.24 feet to an iron in the Southern right-of-way margin of a 16-foot roadway leading to U.S. Highway 64, said 20-foot easement to be appurtenant to the above-described lands and to run with the same in the hands of all persons whomsoever.

Parcel ID Number: H3 000 000 5401

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

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 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.  Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.  Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.G.S. § 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.

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 foreclosure 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 not 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.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

Phone No: (910) 864-3068

https://sales.hutchenslawfirm.com

Case No: 1101827 (FC.FAY)

PUBLISH: DEC. 31, JAN. 7

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of VERIOUS BARNES ANGELL, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before March 10, 2016, (being three [3] months from the first day of publication of this notice) or this notice will be pleaded in bar of their recovery.  All persons, firms and corporations indebted to said Estate will please make immediate payment to the undersigned.

This the 30th day of November, 2015.

BETTY WHITTAKER ANGELL

101 Brantley Farm Road

Mocksville, NC 27028

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Dec.10,17,24,31

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Co-Executors of the Estate of WILLIS LAWRENCE RIDDLE, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before March 10, 2016, (being three [3] months from the first day of publication of this notice) or this notice will be pleaded in bar of their recovery.  All persons, firms and corporations indebted to said Estate will please make immediate payment to the undersigned.

This the 10th day of December, 2015.

CHARLES VANCE RIDDLE

502 Griffith Road

Advance, NC 27006

BARRY GENE RIDDLE

503 Griffith Road

Advance, NC 27006

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Dec.10,17,24,31

NORTH CAROLINA

DAVIE COUNTY

IN THE GENERAL COURT

OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

15 E 408

NOTICE TO CREDITORS

In the Matter of the Estate

of Mary June Fricker,

Deceased

John R. Perkinson, Jr., having qualified as Limited Personal Representative of the Estate of Mary June Fricker, deceased, late of Davie County, North Carolina, hereby notifies all persons having claims against said Estate to present them to John R. Perkinson, Jr., 4622 Country Club Road, Suite 270, Winston-Salem, NC 27104 on or before the 10th day of March, 2016, or this Notice will be pleaded in bar of recovery. All persons indebted to said Estate will please make immediate payment to the undersigned at the above-designated address.

This the 10th day of December, 2015.

JOHN R. PERKINSON, JR.,

LIMITED PERSONAL

REPRESENTATIVE

THE ESTATE

OF MARY JUNE FRICKER,

DECEASED

John R. Perkinson, Jr., Esq.

PERKINSON LAW, PLLC

4622 Country Club Road,

Suite 270

Winston-Salem, NC 27104

336-794-6020

336-794-6015 (fax)

Publish: Dec.10,17,24,31

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of TOM RICKY HUNT, deceased, late of Davie County, North Carolina, the Executor, Sonya Hunt McCrary, hereby notifies all persons having claims against said Estate to present them to her at 1845 Junction Road, Mocksville, NC 27028, on or before the 10th day of March, 2016, or this Notice will be pleaded in bar of recovery. All persons indebted to said Estate will please make immediate payment to the undersigned.

This the 10th day of December, 2015.

Sonya Hunt McCrary,

Executor of the Estate

1845 Junction Road

Mocksville, NC 27028

Publish: Dec.10,17,24,31

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of PAULINE GALES ATHEY RIDENHOUR, (a/k/a Pauline Gales Ridenhour), deceased, late of Davie County, North Carolina, the Executor, Linda Gale Spry, hereby notifies all persons having claims against said Estate to present them to her at 4013 Mooresville Road, Salisbury, NC 28147, on or before the 10th day of March, 2016, or this Notice will be pleaded in bar of recovery. All persons indebted to said Estate will please make immediate payment to the undersigned.

This the 10th day of December, 2015.

Linda Gale Spry

Executor of the Estate

4013 Mooresville Road

Salisbury, NC 28147

Publish: Dec.10,17,24,31

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Administrator of the Estate of DAVID JOSEPH FERRARO, SR., late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before March 17, 2016, (being three [3] months from the first day of publication of this notice) or this notice will be pleaded in bar of their recovery.  All persons, firms and corporations indebted to said Estate will please make immediate payment to the undersigned.

This the 17th day of December, 2015.

Sanders Haste Ferraro,

Administrator of the Estate

724 Pudding Ridge Road

Mocksville, NC 27028

Publish: Dec.17,24,31,Jan.7

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of Robert V. Sisk, Jr., late of Davie County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned at Darren S. Cranfill, Attorney at Law, PLLC, 2625 Neudorf Road, Suite 500, Clemmons, North Carolina 27012, on or before the 25th day of March, 2016, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.

This the 9th day of December, 2015.

Jessie S. Sisk,

Executrix of the Estate

of Robert V. Sisk, Jr.

c/o Darren S. Cranfill

Attorney at Law, PLLC

2625 Neudorf Road, Suite 500

Clemmons, NC 27012

Publish: Dec.17,24,31,Jan.7

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Administrator of the Estate of JACKIE M. SOOTS, late of Davie County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the Administrator, undersigned, on or before the 25th day of March, 2016, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.

This the 17th day of December, 2015.

Cynthia S. McDaniel,

Administrator of the Estate

of Jackie M. Soots

176 Bean Rd.

Mocksville, NC 27028

Publish: Dec.17,24,31,Jan.7

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

The undersigned, having qualified as Executor of the Estate of the late JONNY LEO HOGLEN of Davie County, hereby notifies all persons, firms, and corporations having claims against said estate to present them to the undersigned on or before March 24, 2016 (being three [3] months from the first day of publication of this notice) or this notice will be pleaded in bar of their recovery.  All persons, firms, and corporations indebted to said estate will please make immediate payment to the undersigned.

This the 24th day of December, 2015.

JON L. HOGLEN

a/k/a JONNY LEE HOGLEN,

EXECUTOR

175 Ijames Church Road

Mocksville, NC 27028

WADE H. LEONARD, JR.

Attorney at Law

34 Town Square

Mocksville, NC 27028

Publish: Dec.24,31,Jan.7,14

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

The undersigned, having qualified as Executor of the Estate of the late MARGARET KATHLEEN ALLEN of Davie County, hereby notifies all persons, firms, and corporations having claims against said estate to present them to the undersigned on or before March 24, 2016 (being three [3] months from the first day of publication of this notice) or this notice will be pleaded in bar of their recovery.  All persons, firms, and corporations indebted to said estate will please make immediate payment to the undersigned.

This the 24th day of December, 2015.

Carolyn A. Fulton,

Executor of the Estate

905 Sequoia Drive

Lewisville, NC 27023

Publish: Dec.24,31,Jan.7,14

NORTH CAROLINA

DAVIE COUNTY

PERSONAL REPRESENTATIVE’S

NOTICE

Having qualified as Personal Representative of the Estate of HARVEY DWIGHT CAMPBELL, deceased, late of Davie County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before 24th day of March, 2016, said date being at least three months from the first day of publication of this notice, or this notice will be pleaded in bar of their recovery.  All persons indebted to said estate will please make immediate payment to the undersigned.

This the 24th day of December, 2015.

Beverly C. Davis,

Personal Representative

Estate of Harvey Dwight Campbell

Grady L. McClamrock, Jr.

NCSB #7866,

Attorney for the Estate

161 South Main Street

Mocksville, NC 27028

Telephone: (336) 751-7502

Fax: (336) 751-9909

Publish: Dec.24,31,Jan.7,14

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executrix of the Estate of MARY JOANN RATLEDGE, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before March 24, 2016, (being three [3] months from the first day of publication of this notice) or this notice will be pleaded in bar of their recovery.  All persons, firms and corporations indebted to said Estate will please make immediate payment to the undersigned.

This the 21st day of December, 2015.

SHARON BECK

859 Garden Valley Road

Statesville, NC 28625

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Dec.24,31,Jan.7,14

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of RONALD E. EUDY, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before April 1, 2016, (being three [3] months from the first day of publication of this notice) or this notice will be pleaded in bar of their recovery.  All persons, firms and corporations indebted to said Estate will please make immediate payment to the undersigned.

This the 31st day of December 2015.

Dan “Danny” R. Eudy,

Executor of the Estate

18 West Wood Road

West Hartford, CT 06117

Publish: Dec.31,Jan.7,14,21

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executrix of the Estate of CHARLES W. WOODRUFF, SR., late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before April 1, 2016, (being three [3] months from the first day of publication of this notice) or this notice will be pleaded in bar of their recovery.  All persons, firms and corporations indebted to said Estate will please make immediate payment to the undersigned.

This the 22nd day of December 2015.

CHRISTINE H. WOODRUFF

478 Wilkesboro Street

Mocksville, NC 27028

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Dec.31,Jan.7,14,21

15 SP 256

NOTICE OF

FORECLOSURE SALE

NORTH CAROLINA,

DAVIE COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Katherine C. Rhame to R. Class, Trustee(s), which was dated March 4, 2005 and recorded on March 10, 2005 in Book 597 at Page 590, Davie County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on January 4, 2016 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Davie County, North Carolina, to wit:

TRACT 1: All of Condominium Unit 255 as referred to in that instrument entitled “Declaration of Condominium” (hereafter called “Declaration”) recorded in Deed Book 89, Page 332 on May 7, 1973, as amended in Deed Book 90, Page 532, on July 17, 1973, and as more particularly described in the plans of the Bermuda  Run Golfdominium Tract 1 buildings, recorded in Unit Ownership File Number 1, all documents recorded in the Office of the Register of Deeds for Davie County, North Carolina.

TRACT 2: An undivided 2.2775% interest in and to the “common areas and facilities” as referred to in Paragraph 4 of said Declaration, as amended in Deed Book 90, Page 532, to which reference is made for a more particular description of said “common areas and facilities”.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 156 Golfview Drive, Bermuda Run, NC 27006.

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of 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.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Katherine C. Rhame.

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 clerk of superior court of the county in which the property is sold.  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 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 the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2)]. 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Trustee Services

of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive

Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 15-20309-FC01

PUBLISH: DEC. 24,31

NORTH CAROLINA

DAVIE COUNTY

IN THE GENERAL COURT

OF JUSTICE

DISTRICT COURT DIVISION

15 CVD 244

COUNTY OF DAVIE,

Plaintiff,

vs.

THE UNKNOWN HEIRS OF MARY ANN TURNER; LUCINDY YVONNE ETCHISON; 

DINAH ANN ETCHISON; MARILYN OPHELIA TURNER; WENDELL MATTHEW

TURNER; NATIONAL FINANCE COMPANY,

Lienholder; PORTFOLIO RECOVERY ASSOCIATES, LLC, Lienholder; 

Defendants.

NOTICE OF SERVICE

OF PROCESS

BY PUBLICATION

TO: THE UNKNOWN HEIRS

OF MARY ANN TURNER

TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief sought is the collection of property taxes owing on the below-described property located in Davie County, North Carolina, and includes a foreclosure sale of the property to satisfy the unpaid property taxes. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property. The real property is described and designated as follows:

Lying and being near the City of Mocksville, Davie County, North Carolina, and being more particularly described as follows:

BEGINNING at an iron stake in Road, S.W. corner, and runs North 89 deg. East 158 feet to a stake in Stockton line; thence North 15 deg. East 90 feet with Stockton line to a stake, Scott’s corner; thence North 70 deg. West with Scott’s line 158 feet to an iron stake in the Road; thence South 15 deg. West 139.3 feet with said road to the BEGINNING, containing ___ of an acre, more or less.

SAVE AND EXCEPT THE FOLLOWING TRACT OF LAND:

BEGINNING at an iron stake in a farm road and runs thence North 15-00 East 45 feet with said road to a point in the line of Nora Etchison; thence a new line South 89-14-30 East 156.69 feet to a point in Stockton’s line; thence South 15-00 West 40 feet with said Stockton line to an iron stake; thence South 89-00 West 158 feet to the POINT OF BEGINNING.

The remaining tract of land is informally known as Parcel No. I5010C0016, pursuant to the current Davie County Tax Maps.

You are required to make defense to such pleading not later than the 2ND day of February, 2016, said date being 40 days from the first publication of this notice; and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.

This the 16th day of December, 2015.

Holly M. Groce, Esq.

Attorney for Plaintiff

State Bar No. 22214

123 S Main St.

Mocksville, NC 27028

(336)753-6012

Publish: Dec.24,31,Jan.7

NORTH CAROLINA

DAVIE COUNTY

IN THE GENERAL COURT

OF JUSTICE

DISTRICT COURT DIVISION

15 CVD 247

COUNTY OF DAVIE,

Plaintiff,

vs.

THE UNKNOWN HEIRS OF EARLY V. BOOE, SR.; EARLY V. BOOE, JR;  BOBBY M. BOOE; THE UNKNOWN HEIRS OF AVERY C. BOOE; BRENDA BOOE; CARLTON A. BOOE, SR.; THE SURRY

COUNTY HOUSING CONSORTIUM, Lienholder;

Defendants.

NOTICE OF SERVICE

OF PROCESS

BY PUBLICATION

TO: THE UNKNOWN HEIRS

OF EARLY V. BOOE, SR., and

THE UNKNOWN HEIRS

OF AVERY C. BOOE

TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief sought is the collection of property taxes owing on the below-described property located in Davie County, North Carolina, and includes a foreclosure sale of the property to satisfy the unpaid property taxes. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property. The real property is described and designated as follows:

BEGINNING at a stake on the East side of the street (SR 1402), Carlton Booe’s corner; thence North 13 deg. East with said street 50 feet to a stake on the East side of said street; thence South 68 deg. East 100 feet to a stake, corner of Lot No. 2; thence South 13 deg. West 50 feet to a stake; thence North 68 deg. West 100 feet to an iron stake on the East side of said street, the place of BEGINNING. This being Lot No. 1 of the Isiah Sanders property located in Northeast Booetown in Mocksville, North Carolina and surveyed Aug. 8, 1955 by A. L. Bowles, Registered Surveyor, and being the identical property described in a deed to John Durham, et ux, recorded in Deed Book 69, Page 386, Davie County Registry. This tract is informally known as Tax Parcel No. I5010C0014, pursuant to the current Davie County Tax Maps.

You are required to make defense to such pleading not later than the 2ND day of February, 2016, said date being 40 days from the first publication of this notice; and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.

This the 16th day of December, 2015.

Holly M. Groce, Esq.

Attorney for Plaintiff

State Bar No. 22214

123 S Main St.

Mocksville, NC 27028

(336)753-6012

Publish: Dec.24,31,Jan.7

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

AMENDED NOTICE OF

FORECLOSURE SALE

13 SP 63

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Freddie L. Bryant and Shirley A. Bryant (PRESENT RECORD OWNER(S): Shirley Bryant and Freddie Bryant, (Freddie Bryant aka Freddie L. Bryant, deceased)) to Norman L. Nifong, Trustee(s), dated the 20th day of November, 2002, and recorded in Book 450, Page 503, in Davie County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Davie County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Mocksville, Davie County, North Carolina, or the customary location designated for foreclosure sales, at 10:15 AM on January 11, 2016 and will sell to the highest bidder for cash the following real estate situated  in the County of Davie, North Carolina, and being more particularly described as follows:

Beginning at an iron, the Southernmost corner of the within described tract, the Northeastern corner of William R. Clement (Deed Book 124, Page 249) and the Southwestern corner of Agnes F. Hampton (Deed Book 123, Page 274) and running thence with the line of William R. Clement North 73 degrees 57 minutes 38 seconds West 233.97 feet to an iron, William R. Clement’s corner; thence with Clement’s line, North 05 degrees 17 minutes 14 seconds East 190.24 feet to an iron, the Northernmost corner of the within described tract; thence with Peeples line South 68 degrees 08 minutes 44 seconds East 318.01 feet to an iron in the line of Agnes F. Hampton; thence with Hampton line South 32 degrees 54 minutes 40 seconds West 161.64 feet to the point and place of Beginning, containing 1.081 acres, more or less, and being the identical property described in deed recorded in Book 165 at Page 825, Davie County Registry.  Together with improvements located thereon; said property being located at 153 Bryant Lane, Mocksville, North Carolina.

Together with the above-described land there is a non-exclusive perpetual easement of ingress and egress 20 feet in width, the Western boundary of which begins at the Northwestern corner of the above-described lands and runs North 05 degrees 17 minutes 14 seconds East 190.24 feet to an iron in the Southern right-of-way margin of a 16-foot roadway leading to U.S. Highway 64, said 20-foot easement to be appurtenant to the above-described lands and to run with the same in the hands of all persons whomsoever.

Parcel ID Number: H3 000 000 5401

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

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 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.  Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.  Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.G.S. § 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.

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 foreclosure 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 not 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.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

Phone No: (910) 864-3068

https://sales.hutchenslawfirm.com

Case No: 1101827 (FC.FAY)

PUBLISH: DEC. 31, JAN. 7