Legal Notices Feb. 4, 2016
Published 9:31 am Thursday, February 4, 2016
NORTH CAROLINA
DAVIE COUNTY
IN THE GENERAL COURT OF JUSTICE
BEFORE THE CLERK
15 SP 164
IN RE:
FORECLOSURE OF A LIEN HELD BY PEMBROOKE RIDGE OWNERS ASSOCIATION, INC, FOR PAST DUE ASSESSMENTS UPON 131 PEMBROOKE RIDGE COURT, BERMUDA RUN, NORTH CAROLINA, AKA BEING ALL OF LOT NO. 13, SECTION 1(B) ON A PLAT ENTITLED “PEMBROOKE RIDGE AT BERMUDA RUN” RECORDED IN PLAT BOOK 5, AT PAGE 145 OF THE DAVIE COUNTY REGISTRY, WHICH IS TITLED TO:
LANESSA MCCLOUD
AMENDED
NOTICE OF FORECLOSURE
SALE OF REAL ESTATE
Foreclosure of Lien filed with the Clerk of Superior Court on March 20, 2015, file #15 M 29. Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Pembrooke Ridge Owners Association, Inc, Inc and recorded in the Office of the Register of Deeds for Davie County, North Carolina in Book 125, Page 778, and because of default in the payment of the indebtedness thereby secured and pursuant to the demand of the owner and holder of the indebtedness secured by said Lien, and pursuant to the Order of the Clerk of Superior Court for Davie County, North Carolina, entered in this foreclosure proceeding, Rossabi Black Slaughter, the appointed Trustee, will expose for sale at public auction on February 16, 2016, at 10:30 AM on the steps of the Davie County Courthouse, Mocksville, North Carolina, the following described real property (including the house, if any and any other improvements thereon): Being all of Lot No. 13, Section 1(B) on a Plat Entitled “PEMBROOKE RIDGE AT BERMUDA RUN” Recorded in Plat Book 5, at Page 145 of the Davie County Registry. Property address 131 Pembrooke Ridge Court, Bermuda Run, NC 27006. Present Owner(s): Lanessa McCloud. The sale will be made subject to all prior sales and releases and to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases, and other matters of record, if any. Pursuant to N.C.G.S §45-21.10(b), any successful bidder will be required to deposit with Rossabi Black Slaughter, the Trustee, immediately upon conclusion of the sale a cash deposit not to exceed the greater of Five Percent (5%) of the bid amount or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price in cash or certified check at the time Rossabi Black Slaughter, PA, the 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 of the purchase price so bid at the time, he shall remain liable on his bid as provided for in N.C.G.S §45-21.30(d) and (e). This sale will be held open ten (10) days for upset bids as required by law. 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 sale, terminate the rental agreement upon 10 days’ written notice to the landlord. 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. OF COUNSEL: ROSSABI BLACK SLAUGHTER, P.A., Post Office Box 41027, Greensboro, North Carolina 27404-1027. Telephone: (336) 378-1899. Signed: February 1, 2016, Michael C. Taliercio, Attorney for the Trustee
Publish Feb. 4, 11, 2016
STATE OF NORTH CAROLINA
COUNTY OF DAVIE NOTICE OF SALE
UNDER AND BY VIRTUE of the power of sale contained in that certain Deed of Trust executed by Mark D. Vaughn, Sr. and Kyra Suzanne Vaughn, dated June 11, 2003, and recorded in Book 489 at Page 737, as modified by Modification recorded in Book 665, at Page 580 in the Office of the Register of Deeds of Davie County; and under and by virtue of the authority vested in the undersigned as Substitute Trustee by that certain instrument recorded in Book 899 at Page 453 the Office of the Register of Deeds of Davie County; and under and by virtue of that certain Authorization, Findings and Order entered by the Clerk of Superior Court of Davie County on December 8, 2015, and of record in File 15 SP 215, default having been made in the payment of the indebtedness secured by said Deed of Trust and the said Deed of Trust being by its terms subject to foreclosure, and the holder of the indebtedness thereby secured having demanded the foreclosure thereof for the purpose of satisfying said indebtedness, and due notice having been given to those entitled to same, the undersigned Substitute Trustee will offer for sale at public auction, to the highest bidder, for cash, at the Courthouse door in Mocksville, Davie County, North Carolina, at 12:00 Noon, on February 12, 2016, the land conveyed in said Deed of Trust, the same being owned of record by Mark D. Vaughn, Sr. and Kyra Suzanne Vaughn, and being more particularly described as follows:
TRACT I:
That certain tract of land containing 4.17 acres, more or less, located in Farmington Township, Davie County, North Carolina, and bounded, now or formerly, by natural boundaries and/or lands owned by and/or in the possession of persons as follows: North by P&S Partners and Raymond Markland, East by Jerry Roten and Viola Allen, South by Stella Blackwell and West by State Road 1469; said tract lying approximately 7 miles East from the town of Mocksville and being more specifically described as follows:
Parcel 1: BEGINNING at a iron stake in Rainbow Road, a common corner for this tract, Howard Hanes, Joe Swicegood and the heirs of Newman Golden, runs thence North 56 deg. East with the line of Joe Swicegood and Old Salem Road 3.34 chains to an iron stake, a corner for Bahnson, Inc. and Nick Spillman Heirs; thence with the line of Bahnson, Inc. North 5 deg. East 3.02 chains to an iron stake; thence South 15 deg. East 3.67 chains to the point and place of BEGINNING.
Parcel 2: BEGINNING at an iron rod in the center of the Old Salem Road to Statesville Road, Nick Spillman estate corner in present Benny Boger line and running thence with Nick Spillman estate line South 13 deg. 30 min. West 40 feet to an iron pipe; thence South 89 deg. 13 min. West 180.60 feet to an iron pipe in the Eastern right of way of line of NC Road 1441; thence continuing on the same bearing 31 feet to the center of said road; thence North 10 deg. 30 min. East 14.20 feet to a point in the center of NC Road 1441 at its point of intersection with the center of the Old Salem Road to Statesville Road; thence North 83 deg. East 220 feet to the POINT AND PLACE OF BEGINNING, containing 0.13 of an acre, more or less. Reference Book 63, page 21.
Parcel 3: BEGINNING at an iron stake, said iron stake being the Southwest corner of Markland, Gearren and Lawrence, said iron stake also being the Northwestern corner of Nick Spillman (now or formerly); thence from said point of beginning, and with the Eastern line of Swicegood (now or formerly), North 6 deg. 58 min. East 217.36 feet to an iron stake in the Southern line of Alfred Howard; thence with the Howard’s line South 83 deg. 46 min. East 16.84 feet; thence continuing with Howard’s line North 6 deg. 21 min. 42 sec. East 297.10 feet to a new iron stake; thence North 78 deg. 00 min. 50 sec. East 209.73 feet to a new iron stake, a corner with the Church property; thence south 18 deg. 51 min. East 201.10 feet to an iron stake in the Northern line of Robert Allen Heirs, another corner with the Church property; thence South 77 deg. 55 min. 33 sec. West 154.94 feet to an iron stake; thence South 00 deg. 28 min. West 237.52 feet to an iron stake in the Northern line of George T. Williams (now or formerly); thence South with the Williams lien and falling in with the Spillman line South 64 deg. 12 min. West 213.65 feet to an iron stake, the POINT AND PLACE OF BEGINNING, containing 2.17 acres, more or less, and being an irregular shaped tract carved from the Southwest corner of the Markland, Gearren and Lawrence tract. Said description is in accordance with the survey made by Otis A. Jones, RLS, July 31, 1974, and bearing Job Number M-0090-4. For further reference see Deed Book 93, page 907, Davie County Registry.
Parcel 4: BEGINNING at an iron stake located in the common property line of Bennie D. Boger and the grantor, said iron stake being located at the northeast of a 0.894 acre tract conveyed to Stella Blackwell by deed recorded in Deed Book 106, page 304, in the Office of the Register of Deeds for Davie County, North Carolina; and running thence North 14 deg. 06 min. 58 sec. West 40.12 feet to an existing iron stake; running thence North 64 deg. 12 min. 00 sec. East 114.18 feet to a placed iron stake, said iron stake being located at a corner or the Johnny L. Hooker property described in Deed Book 88, at page 238, and Deed Book 81, page 272; running thence with said Hooker property, South 16 deg. 44 min. 43 sec. East 38.50 feet to an iron stake; running thence South 63 deg. 34 min. 29 sec. West 116.25 feet to the point and place of BEGINNING. Containing 0.102 acres, more or less, as shown on survey made for Stella Blackwell by Sam P. Hall, RLS, dated November 20, 1986.
For back title see Deed Book 157, page 630 and Deed Book 162, page 688, Davie County Registry.
Together with all the buildings, fixtures and improvements thereon, and all rights, easements, hereditaments and appurtenances thereunto belonging, including all heating, plumbing, ventilating, lighting goods, equipment and other tangible and intangible property, attached to or reasonably necessary to the use of such premises.
The aforesaid sale will be made subject to all encumbrances existing prior to the recording of the above-referenced Deed of Trust, including all valid and enforceable liens and also will be subject to all taxes and special assessments outstanding against the property.
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 representatives 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.
Should the property be purchased by a party other than the holder of the Deed of Trust being foreclosed, that purchaser must pay, in addition to the amount bid, the following items: (i) the tax required by N.C. Gen. Stat. Section 7A-308(a)(1) of Forty-five Cents (45¢) per One Hundred Dollars ($100) of the bid amount up to a maximum tax of Five Hundred Dollars ($500), and (ii) the excise tax on conveyance required by N.C. Gen. Stat. Section 105-228.28 et seq. of One Dollar ($1) per Five Hundred Dollars ($500) or fractional part thereof of the bid amount.
The successful bidder at sale may be required to make an immediate cash deposit of the greater of five percent (5%) of the amount bid or Seven Hundred Fifty and no/100 Dollars ($750.00).
The upset bids procedure of North Carolina General Statute Section 45-21.27 is applicable to this sale.
The following applies if the property being sold is residential real property with less than 15 rental units, including single-family residential real property: (1) Pursuant to NCGS Section 45-21.29, the clerk of superior court of the county in which the property is sold may issue an order of possession of the property in favor of the purchaser and against the party or parties in possession. (2) Any person who occupies residential real 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 [of termination] 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. The tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Date of Notice: December 8, 2015
Stanley P. Dean
Substitute Trustee
844 W. Fourth Street
Winston-Salem, NC 27101
336-714-9985
This communication is an attempt to collect a debt and any information obtained will be used for that purpose.
Publish: Jan. 28, Feb. 4
NORTH CAROLINA
DAVIE COUNTY
IN THE GENERAL COURT
OF JUSTICE
DISTRICT COURT DIVISION
15 CVD 242
NOTICE OF SERVICE
OF PROCESS
BY PUBLICATION
COUNTY OF DAVIE,
Plaintiff,
vs.
THE UNKNOWN HEIRS OF
T.R. FROST, and
THE UNKNOWN HEIRS OF
NEELEY FROST,
Defendants.
TO: THE UNKNOWN HEIRS OF T.R. FROST, and THE UNKNOWN HEIRS OF NEELEY FROST
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:
Adjoining the Charles Brown store House lot, now owned by J.W. Martin, the A.A. Anderson lot and others known as the Delia Brown Lot bounded as follows to wit:
BEGINNING at a stone in A.A. Anderson’s line; thence North 60 feet to a stone; thence West 157 feet to a stone; thence South 60 feet to a stone; thence East 157 feet to the BEGINNING and containing one tenth (.10) of an acre more or less. This tract is informal known as Parcel No. I5160B0017, pursuant to the current Davie County Tax Maps.
You are required to make defense to such pleading not later than the 9th day of March, 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 28th day of January, 2016.
Holly M. Groce, Esq.,
State Bar No. 22214
Attorney for Plaintiff
123 S. Main Street
Mocksville, NC 27028
(336)753-6012
Publication dates: Jan. 28, Feb. 4 and 11, 2016
NORTH CAROLINA
DAVIE COUNTY
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK NOTICE OF
FORECLOSURE SALE
15 SP 303
IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF ANGELA J. MORRIS AND ROBERT W. MORRIS, Mortgagors,
to
Richard Burleson, Trustee; WESLEY L. DEATON,
Substitute Trustee,
BOOK 1006, PAGE 634
BANK OF THE OZARKS, an Arkansas Banking
Corporation, as successor by merger to BANK OF THE CAROLINAS,
Mortgagee.
Dated September 13, 2007, recorded in Book 729, at Page 632 and re-recorded on May 2, 2008, in Book 756 at Page 852, Securing the original amount of $200,000.00
Under and by virtue of the power of sale contained in that certain Deed of Trust executed by ANGELA J. MORRIS AND ROBERT W. MORRIS, described above, in the Davie County Public Registry; default having been made in the payment of the indebtedness thereby secured and the said Deed of Trust being by the terms thereof subject to foreclosure; and the holder of the indebtedness thereby secured having demanded a foreclosure thereof for the purpose of satisfying said indebtedness; and under and by virtue of an order entered in the within entitled and numbered action by the Clerk of Superior Court of Davie County, North Carolina on the 20th day of January, 2016, the undersigned Trustee will offer for sale at public auction to the highest bidder for cash at the Courthouse door in Mocksville, North Carolina at 12:00 p.m. on Thursday the 18th day of February, 2016, the land conveyed in said Deed of Trust, the same lying and being in Davie County, North Carolina, and being more particularly described as follows:
LYING and being located in Mocksville Township, Davie County, North Carolina and being described as follows:
BEGINNING at an iron in the northwest corner of the herein described tract, said iron being located South 86 deg. 53 min. 02 sec. East 83.32 feet from an axle in the southwest corner of Linda H. Angell, DB 199, Pg. 124; thence with Angell’s southern line South 86 deg. 53 min. 02 sec. East passing through an iron at 130.48 feet, for a total of 163.42 feet to a point in the northeast corner of the herein described tract and being within the right of way margin of US Highway 601; thence continuing with right of way margin of US Highway 601 South 03 deg. 57 min. 54 sec. West 206.78 feet to a ¾ inch iron in the center line in the intersection of US Highway 601 and SR 1307, Ijames Church Road; thence with the center line of SR 1307, Ijames Church Road, North 89 deg. 15 min. 48 sec. West 154.65 feet to a point in the southwest corner of the herein described tract, and being the southeast corner of a tract to be conveyed to Richard L. Bostick; thence with a new line for Piedmont Deck Installations, Inc. North 01 deg. 32 min. 56 sec. East passing through an iron at 33.55 feet for a total of 213.25 feet to the POINT AND PLACE OF BEGINNING, containing 0.766 acres, more or less, as surveyed by Grady L. Tutterow, Professional Land Surveyor, on June 27, 2001. File No. STRO-RON Drawing No. 18101-3
SUBJECT TO the right of way margins of US Highway 601 and SR 1307, Ijames Church Road, and any further easements and restrictions of record.
THIS PROPERTY HAS THE ADDRESS OF:
2203 US Hwy 601,
Mocksville, NC 27028
This sale is made subject to any excise or transfer taxes, all outstanding and unpaid Catawba County and any city or town ad valorem property taxes as well as any and all other prior liens, defects and encumbrances involving said property, as well as a Clerk’s fee of $.45 per $100 on the purchase price.
Notice is further hereby given that the successful bidder will be required to make a cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00).
Notice is further hereby given that the sale will be conducted pursuant to and subject to all of the provisions of Chapter 45, as amended, of the General Statutes of North Carolina.
Notice is given that 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 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. Upon the 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 the 20th day of January, 2016.
Wesley L. Deaton,
Substitute Trustee
P.O. Box 2459
Denver, NC 28037
(704) 489-2491
Publish: Feb. 4,11
NORTH CAROLINA
DAVIE COUNTY
Special Proceedings
No. 15 SP 306
Substitute Trustee:
Philip A. Glass
NOTICE OF
FORECLOSURE SALE
Date of Sale:
February 17, 2016
Time of Sale: 10:00 a.m.
Place of Sale:
Davie County Courthouse
Description of Property:
See Attached Description
Record Owners: Raymond Clark and Marisa Johnson
Address of Property:
375 Gwyn Street
Mocksville, NC 27028
Deed of Trust:
Book : 948 Page: 1065
Dated: January 16, 2014
Grantors: Raymond Clark (widower) and Marisa Johnson (unmarried)
Original Beneficiary: State Employees’ Credit Union CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45¢) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).
This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the sale. 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 Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Residential real 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 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 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 not 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. 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.
Dated: 1/20/16
EXHIBIT A
LEGAL DESCRIPTION
LYING AND BEING in Mocksville Township, Davie County, North Carolina and beginning at the Southwest corner of Parcel 21, Davie County Tax Map and the Southeast corner of within described property and being in the Northern right of way of Gwyn Street, Mocksville, North Carolina; thence from said beginning iron found North 40 deg. 00’ West 110.00 feet to an iron placed, said iron placed being a southern corner with Naylor; thence with said Naylor line North 61 deg. 15’ East 54.20 feet to an iron found , said iron being the Southwest corner of Parcel 23, Davie County Tax Map; thence South 87 deg. 58’ 73.50 feet to an iron found, corner of Parcel 22; thence South 89 deg. 44’ 45” East 77.71 feet to an iron place; thence South50 deg. 00’ West 167.00 feet to the point and place of beginning, as surveyed by C. Ray Cates on October 21, 1989, revised October 30, 1990.
Property Address:
375 Gwyn Street,
Mocksville, NC
Property ID: 14120A0004 Publish: Feb. 4,11
NORTH CAROLINA
DAVIE COUNTY
15-SP-318
NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Jessica A. Mullen and Patrick J. Mullen dated June 9, 2006 and recorded on June 9, 2006, in Book 666 at Page 175, in the Office of the Register of Deeds of Davie County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned of Poore Substitute Trustee, LTD (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, on February 15, 2016 at 11:00 AM, 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 in the above referenced Deed of Trust:
Address of Property:
812 South Salisbury Street, Mocksville, NC 27028
Tax Parcel ID: J4050D0019
Present Record Owner:
Jessica A. Mullen and
Patrick J. Mullen
Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §45-21.23.
The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. The Substitute Trustee reserves the right to require a cash deposit or a certified check not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred fifty Dollars ($750.00). In the event that the holder is exempt from paying the same, the successful bidder may also be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax, and the tax required by N.C.G.S. §7A-308 (a) (1).
The real property described above is being offered for sale ‘‘AS IS, WHERE IS’’ and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as required by law.
If the Trustee or Substitute 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 title include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without knowledge of the Substitute Trustee(s). If the validity of the sale is challenged by any party, the Substitute Trustee(s), in its/their sole discretion, if it/they believe(s) the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Additional Notice where the Real Property is Residential with less than 15 Rental Units:
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 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 ten (10) days, but no more than ninety (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. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of such termination.
Publish: Feb. 4,11
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of HELEN S. BUTNER, 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 14, 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 14th day of January, 2016.
Jennifer Beam Berrier
Executor of the Estate
194 Hamilton Court
Advance, NC 27006
Publish:Jan.14,21,28;Feb.4
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executrix of the Estate of ELLA GRACE NICHOLS, 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 14, 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 14th day of January, 2016.
Denise Green,
a/k/a Ronnie Denise Nichols
Executrix of the Estate
823 Reynolds Road
Statesville, NC 28677
Peter W. Simon, attorney
242 E Broad St
Statesville NC 28677
704-495-3436
Publish:Jan.14,21,28;Feb.4
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of CLAUDE HENDERSON FOSTER, 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 21, 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 12th day of January 2016.
EDDIE FOSTER
2090 Highway 601 North
Mocksville, NC 27028
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish:Jan.21,28;Feb.4,11
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of JAMES THOMAS EVANS, JR., deceased, of Davie County, this is to notify all persons having claims against said Estate to present them to the undersigned on or before 21st day of April, 2016, being 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 21st day of January 2016.
Ronald L. Marlow
5701 Captain Jones Ct.
Fairfax Station, Virginia 22039
Piedmont Legal Associates, PA
Lynne Hicks,
Attorney for Estate
124 W. Depot St.
Mocksville, NC 27028
(336) 751-3312
Publish:Jan.21,28;Feb.4,11
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of CHARLOTTE BROWN CHAMBERS, deceased, of Davie County, this is to notify all persons having claims against said Estate to present them to the undersigned on or before 21st day of April, 2016, being 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 21st day of January 2016.
Charles Anthony Chamber,
Executor of the Estate
1155 Taylor Road
Westfield, NC 27053
Publish:Jan.21,28;Feb.4,11
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executrix of the Estate of APACHA ELIZABETH WALL OVERBY, 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 28, 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 January 2016.
APRIL MARIE TODD
283 Granada Drive
Advance, NC 27006
RONNIE DWAYNE OVERBY
287 Granada Drive
Advance, NC 27006
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish:Jan.28;Feb.4,11,18
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executrix of the Estate of LAWRENCE TIMBER OSMOND, 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 28, 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 28th day of January 2016.
Jaimie L. Sechrist,
Executrix of the Estate
1828 US Hwy. 801 South
Advance, NC 27006
or: PO Box 29
Advance, NC 27006
Publish:Jan.28;Feb.4,11,18
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Co-Executrix of the Estate of JOHN EDWIN SEAFORD, 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 28, 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 28th day of January 2016.
Nancy Grooms
Co-Executrix of the Estate
661 Liberty Church Road
Mocksville, NC 27028
Norma Robertson,
Co-Executrix of the Estate
2048 US Hwy. 64 West
Mocksville, NC 27028
Publish:Jan.28;Feb.4,11,18
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Co-Executrix of the Estate of PHYLLIS GOODNIGHT SWANSON, 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 May 4, 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 4th day of February, 2016.
Jennifer Stanley,
Co-Executrix of the Estate
308 Tot St.,
Mocksville, NC 27028
Christine S. Naylor
Co-Executrix of the Estate
184 Grannaman Dr.,
Mocksville, NC 27028
Publish:Feb.4,11,18,25
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of CHRISTENA MARIE MILLER, a/k/a Marie Miller Miller, a/k/a Christina Marie Miller, 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 May 4, 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 4th day of February, 2016.
Patrick Miller,
Executor of the Estate
3279 NC Hwy. 801 North
Mocksville, NC 27028
Publish:Feb.4,11,18,25
NORTH CAROLINA
DAVIE COUNTY
NOTICE
PUBLIC SALE: Mocksville Mini Storage intends to sell the contents of the following units for unpaid rent and expenses:
#105, David Owens
#186, Jessica Mendoza
#201, Annette Newton
#216, Amie Huffman
#346, Lisa Farnham
#89, Jamie Lynn Smith
#335, Tonya Rogers
#150, Sammie Clement
#148, Craig Thornberry
#133, Frank Stelker
#288, June Epperson
#250, Shalitha Bridges
#474, Jennifer Carter
#460, Debbie Cuthbertson
#427, Dexter Lee Lyons
#416, Ashae Parris
#404, Latricia Brown
Household goods.
No personal checks
PUBLIC SALE DATE:
February 5, 2016
AT 1:00 P.M.
124 Eaton Road, Mocksville
(336) 751-2483
Publish:Jan.21,28,Feb.4
NORTH CAROLINA
DAVIE COUNTY
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 15-SP-249
NOTICE OF
FORECLOSURE SALE
IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST EXECUTED BY
ANTHONY LEE HOLMAN
and wife,
MARILYN S. HOLMAN
a/k/a MARILYN S. MILLER HOLMAN,
Recorded in Book 843,
Page 363,
Davie County Registry
DEED OF TRUST BEING FORECLOSED:
The Deed of Trust being foreclosed is that Deed of Trust executed by ANTHONY LEE HOLMAN and wife, MARILYN S. HOLMAN a/k/a MARILYN S. MILLER HOLMAN to Jay B. Green, Trustee, dated November 8, 2010 and recorded in Book 843, Page 363 in the Davie County Registry of North Carolina.
RECORD OWNERS OF THE REAL PROPERTY:
The record owners of the subject real property as reflected on the records of the Davie County Register of Deeds not more than 10 days prior to the posting of this Notice is or are Anthony Lee Holman and Marilyn S. Miller Holman.
DATE, TIME AND PLACE OF SALE:
The sale will be held on Feb. 11, 2016 at 10:30 a.m. at the door of the Davie County Courthouse, Mocksville, North Carolina.
PROPERTY TO BE SOLD:
The following real property to be sold “sight unseen” together with any improvements is located in Davie County, North Carolina and is believed to have the address of 837 Joe Road, Mocksville, NC 27028 and is otherwise more particularly described as follows:
BEING all of that certain tract or parcel of land containing 1.333 acres, more or less, as shown on survey entitled “Survey for Anthony Hollman” and recorded in Plat Book 10, Page 253, in the Office of the Register of Deeds of Davie County, North Carolina, reference to which is hereby made for a more particular description.
Included as part of the real property is a 2009 Clayton manufactured home bearing serial no. ROC722423NCAB as otherwise more particularly described in a Declaration recorded in Book 843, Page 371, Davie County Registry.
TERMS OF SALE:
Pursuant to the provisions of N.C.G.S. §45-21.10(b) and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee or Clerk of Superior Court immediately upon the conclusion of the sale a cash deposit to be determined by the greater of 5% of the bid or $750.00. Unless the Substitute Trustee agrees otherwise, the successful bidder will be required to tender the “full purchase price” so bid in cash or certified check at the time the Trustee tenders to him a Deed to the property or attempts to tender such Deed, and should the successful bidder fail to pay the full amount, then the successful bidder shall remain liable as provided for in N.C.G.S. §45-21.30. By submitting your bid, you agree that the “full purchase price” shall be defined as the amount of bid plus the Trustee’s commission as defined in the subject Deed of Trust plus the costs of the action, unless the Trustee agrees otherwise. For example, if the amount of bid is $20,000.00 and the trustee’s commission is defined in the subject Deed of Trust as 5% of the gross proceeds of the sale, then the “full purchase price” shall equal $21,000.00 plus the costs of the action. A tender of Deed shall be defined as a letter from the Trustee to the successful bidder offering to record the Deed upon receipt of full purchase price as described herein and listed in said letter. If the trustee is unable to convey title to this property for any reason such as a bankruptcy filing, the sole remedy of the successful bidder is the return of the deposit. As to any manufactured home, the following shall apply: Any not considered real property is being foreclosed pursuant to N.C.G.S. §25-9-604, if necessary; there is no warranty that any is actually located on the subject tract; and there is no warranty given by the Substitute Trustee as to whether said home is real property or personal property. The sale will be made subject to all prior liens, unpaid taxes, assessments, restrictions and easements of record, if any.
ADDITIONAL NOTICE:
Take notice that 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. Take further notice that 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 dates 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. This notice further states that 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 the 4th day of December, 2015.
Deidre D. DeFlorentis,
Substitute Trustee
908 E. Edenton Street
Raleigh, North Carolina 27601
Telephone: 919-829-0797
Publish: Jan. 28, Feb.4
IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
DIVISION
DAVIE COUNTY
15SP284
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY STACEY L. DEEL AND KARLA J. DEEL DATED JULY 9, 2009 AND RECORDED IN BOOK 799 AT PAGE 856 IN THE DAVIE COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE
Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 12:00PM on February 16, 2016 the following described real estate and any other improvements which may be situated thereon, in Davie County, North Carolina, and being more particularly described as follows:
BEING KNOWN AND DESIGNATED as Lot 17, Northbrook Subdivision, Phase II, as the same appears on a plat thereof recorded in Map Book 7, Page 3, Davie County Registry, to which map reference is hereby made for a more particular description.
And Being more commonly known as:
187 Northbrook Drive,
Mocksville, NC 27028
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Stacey L. Deel and Janae Deel.
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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is January 25, 2016.
Grady I. Ingle or
Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
13-039890
Posted: __________
By: __________
Publish: Feb. 4,11
NOTICE OF
PRIMARY ELECTION
DAVIE, NORTH CAROLINA
A primary election will be held on March 15, 2016 in Davie to vote on the candidates for the offices of the following on the Republican ballot: US President, US Senate, US House of Representatives District 5, NC Governor, NC Attorney General, NC Commissioner of Agriculture, NC Commissioner of Insurance, NC Secretary of State, NC Superintendent of public Instruction, Board of County Commissioners, County Board of Education, NC Superior Court Judge District 22B; and on the Democratic ballot: US President, US Senate, NC Governor, NC Lieutenant Governor, NC Attorney General, NC Commissioner of Labor, NC Superintendent of Public Instruction, NC Treasurer, NC Superior Court Judge District 22B; and on the Libertarian ballot: US President, NC Superior Court Judge District 22B, and on the Unaffiliated ballot: NC Superior Court Judge District 22B. In addition to above contests, all ballot styles will include the Connect NC Public Improvement Bond.
Most voters will be asked to present acceptable photo identification when presenting to vote in person at the polls, with exceptions for voters who are unable to obtain acceptable photo identification, have a religious objection to being photographed, or are victims of a natural disaster. The acceptable forms of photo identification are a NC Driver’s License or DMV-issued Identification Card (expired up to four years), US Passport or Passport Card (unexpired), Military ID Card or Veterans Affairs ID Card (unexpired, if there is an expiration date), and certain Tribal Enrollment Cards. VOTERS WHO ARE UNABLE TO OBTAIN ONE OF THESE FORMS OF IDENTIFICATION MAY STILL VOTE IF THEIR INABILITY IS DUE TO A REASONABLE IMPEDIMENT such as a lost or stolen ID, lack of transportation, illness or disability, a lack of proper documents, work schedule, and others. These voters may vote a provisional ballot after completing a Reasonable Impediment Declaration and providing an alternate form of identification or the last four digits of their social security number and their date of birth. Acceptable alternate forms of identification for voters who complete a Reasonable Impediment Declaration include their voter registration card or a current utility bill, paycheck, government check, bank statement, or other government document bearing the voter’s name and current address. Alternative voting options are available for voters who do not present acceptable photo identification for a reason other than a reasonable impediment to obtaining one. Voters who use curbside voting may also present one of the alternative forms of identification described above. No identification is required to vote an absentee ballot by mail. Free Identification Cards for registered voters are available from the NC DMV. For assistance with obtaining acceptable photo identification for voting or for more information on exceptions and alternative voting options, contact the NC State Board of Elections voter outreach team toll-free at 1-866-522-4723 or visit www.VoterID.nc.gov.
Polls will be open from 6:30 a.m. to 7:30 p.m. on Election Day. One-stop early voting will be held at the Davie Board of Elections office at 8:00 a.m. on March 3 and ending at 1 p.m. on March 12. One-stop early voting hours at the Board of Elections office are March 3-4 8 a.m.-6 p.m., March 7-11 8 a.m.–8 p.m. and Saturdays March 5 and March 12 8:00 a.m. – 1:00 p.m. Four additional one-stop early voting sites will be available beginning March 7 at Bermuda Run Town Hall, Jerusalem Volunteer Fire Department, Wm. R. Davie Volunteer Fire Department, and Fork Civic Center. Voting hours at the additional sites will be March 7-11 12:00 pm – 7:00 p.m. and Saturday, March 12 8:00 a.m. – 1:00 pm. Canvass Day will be held in the Davie Board of Elections office on March 22, 2016.
Absentee ballots are allowed. Requests for an absentee ballot must be made on a State Board of Elections Absentee Request Form, available at the County Board of Elections office and at all one-stop early voting sites, and received in the Davie Board of Elections office or any one-stop early voting site by 5:00 p.m. on March 8. Completed absentee ballots must be returned to the Davie Board of Elections by 5:00 p.m. on March 15, 2016 or postmarked March 15. The Davie County Board of Elections will meet at 4:45 p.m. to review early voting applications on February 23, March 1, March 8, and March 14.
All residents of Davie who are registered to vote with the Davie Board of Elections may vote in this election. Voters who are previously registered need not re-register for this election. THOSE VOTERS WHO ARE REGISTERED UNAFFILIATED MAY VOTE IN THE PRIMARY ELECTION. Unaffiliated voters will be given a choice of ballot at the polling places. Those residents of Davie who are not registered to vote must register on or before Friday, February 19 in order to be eligible to vote on Election Day. Those voters who are not registered by Friday, February 19 may register and vote during one stop early voting only, and will be required to provide documentation of their identity and residence. Voters who wish to change their party affiliation or who have changed their name or address must notify the Board of Elections in writing by Friday, February 19. Voters who fail to notify the Board of Elections of a change to their name or address must update their information when presenting to vote, and may be required to vote a provisional ballot.
Voters who require assistance with casting their ballot are entitled to assistance by an appropriate person of their choice or an election official. Registration facilities and polling places are accessible to the elderly and handicapped. Curbside voting is available for voters who are not physically able to enter the polling place.
Persons with questions about registration, location of polling places, absentee ballots, early voting at One-Stop locations or other election matters may call the Davie Board of Elections Office at 336-753-6072 Monday thru Friday.
Luther B. Potts,
Chairman
Davie County
Board of Elections
Publish: Jan. 28, Feb.4,11,18