Legal Notices Week of April 7, 2016
Published 10:35 am Thursday, April 7, 2016
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of C.T. Robertson (aka Charles Travis Robertson, Charles Robertson, Charles T. Robertson, C. Travis Robertson, Scrip Robertson), 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 my attorney at 110 Oakwood Drive, Suite 300, Winston-Salem, North Carolina 27103-1958, on or before the 17th day of June, 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 March, 2016.
Charles Ronald Robertson,
Executor
Estate of C.T. Robertson
c/o Craige Jenkins Liipfert & Walker, LLP
110 Oakwood Drive, Suite 300
Winston-Salem, NC 27103-1958
Craige Jenkins Liipfert
& Walker, LLP
Publish: March 17,24,31,April 7
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of JOHN HENRY O’NEAL, 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 Executrix, undersigned, on or before the 17th day of June, 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 March, 2016.
Retha C. Gaither,
Executrix of the Estate
of John Henry O’Neal
204 Sheffield Road
Harmony, NC 28634
Publish: March17,24,31,April 7
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of FAYE SMITH MYERS, 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 Executor, undersigned, on or before the 17th day of June, 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 March, 2016.
Cliff Bradley Myers
Executor of the Estate
of Faye Smith Myers
875 Rainbow Road
Advance, NC 27006
Publish: March24,31,April 7,14
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor for the Estate of SALLY BLENUS DUNPHY (Sally B. Dunphy; Sally Weslowe Dunphy; Sally W. Dunphy; Sally Dunphy) of Advance, Davie County, NC, the undersigned does hereby notify all persons, firms and coiporations having claims against the estate of said decedent to exhibit them to the undersigned at P.O. Drawer 25008, Winston-Salem, North Carolina 27114-5008, on or before the 30th day of June, 2016, 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 March, 2016.
Amy D. Olsen, Executor
191 Crystal Circle
Mooresville, NC 28117
Send claims to:
Estate of Sally Blenus Dunphy
Amy D. Olsen, Executor
c/o Lauren T. Millovitsch
Blanco Tackabery &
Matamoros, P.A.
P.O. Drawer 25008
Winston-Salem, NC 27114-5008
Publish: March 31;April 7,14,21
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of JOHN STEVEN SMITH, 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 Executor, undersigned, on or before the 7th day of July, 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 7th day of April, 2016.
Sharon Shaver Lawson,
Executor of the Estate
448 Fred Lanier Rd.
Mocksville, NC 27028
Publish: April 7,14,21,28
NORTH CAROLINA
ROWAN COUNTY
IN THE GENERAL COURT
OF JUSTICE
DISTRICT COURT DIVISION
15 CvD 333
NOTICE OF SERVICE
BY PUBLICATION
SUMMERSETT FUNERAL HOME, INC.,
Plaintiff,
v.
CAROL ALLEN,
Defendant.
PLEASE TAKE NOTICE that a pleading seeking relief has been filed in the above-entitled civil action. The nature of the relief being sought is as follows: MONEY OWED.
You are required to make defense to such pleading no later than forty-five (45) days from the first publication of this notice, (March 24, 2016) and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.
This the 18th day of March, 2016.
DORAN, SHELBY, PETHEL
and HUDSON, P.A.
Attorneys for Plaintiff
By: JOHN T. HUDSON
122 North Lee Street
Salisbury, North Carolina 28144
(704) 637-7878
Publish: March 24,31;April7
14 SP 181
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 David Anthony Mitchell a/k/a David A. Mitchell and Tammy H. Mitchell to Andrew White ESQ. PLLC, Trustee(s), which was dated July 30, 2004 and recorded on August 2, 2004 in Book 563 at Page 981, 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 April 11, 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:
Lying and being in Mocksville Township, David County, North Carolina and beginning at an existing iron pin, said existing iron pin, said existing iron pin being the northern most corner of James R. McClamrock Deed Book 124, Page 317 and Deed Book 107 Page 629 and being the northeastern most corner of the within described property, thence with the McClamrock line South 52 degrees, 20 minutes 24 seconds West 149.98 feet to an existing iron pin, said existing iron pin being located in the northeastern line of Minne K. Smoot Deed Book 162, Page 82, thence with said Smoot line North 40 degrees 02 minutes 00 seconds West 86.38 feet to an existing iron pin, said existing iron pin being located in the northeastern line of Robert Lee Seaford Deed Book 95, Page 421 and being the Southernmost corner of Snyda C. Sanford Deed Book 160, Page 568, thence with said Sanford line North 50 degrees 54 minutes 43 seconds East 149.92 feet to an existing iron pin, said existing iron pin being located in the southern right of way of Gwyn Street, thence South 40 degrees 00 minutes 00 seconds East 90.13 feet to the point and place of beginning and containing 0.304 acres as surveyed by Grady L. Tutterow August 18, 1992 and being further described as Lot No. 1 of subdivision A of the said R.C. Foster subdivision as per plat recorded in Map Book 5, Page 47 Davie County registry and as set forth in Deed Book 119, Page 115 Davie County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 330 Gwyn Street, Mocksville, NC 27028.
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 David A. Mitchell.
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.: 14-12128-FC01
Publish: March 31, April 7
IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
DAVIE COUNTY
16SP3
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BROOKS C. STEVENSON AND MARY V. SNEARY DATED JULY 31, 2008 AND RECORDED IN BOOK 766 AT PAGE 869 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 11:00AM on April 13, 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 designated as Lot No. 16 in Block D on Map No “A” of property of Erwin Mills, Inc., Cooleemee, North Carolina, as set forth in Plat Book 3, Page 23, Davie County Registry, to which reference is hereby made for a more particular description.
SUBJECT TO Restrictive Covenants in DB 55, PG 406, Davie County Registry, and any other easements and restrictions of record.
FOR BACK TITLE, see DB 502, PG 904; DB 371, PG 825; DB 200, PG 224; and DB 81, PG 105; Davie County Registry. See the Estate of Dreama Saunders Spillman (died 3-30-03) in Estate File No. 03-E-1 13 and Estate of Bobby Ray Spillman (died 1-29-97) in Estate File No. 97-E-1 07 in the Office of the Clerk of Superior Court in Davie County, North Carolina. See also Tax Map M-4-13, A, Pc14,located in Jersualem Township, Davie County, North Carolina.
And Being more commonly known as: 1943 Junction Rd, Mocksville, NC 27028
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Brooks C Stevenson and Mary V Sneary.
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 March 23, 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/
15-074305
Posted: _______
By: _______
Publish: March 31, April 7
IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
DAVIE COUNTY
15SP327
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY LARRY E. O’NEAL AND KAREN B. O’NEAL DATED MARCH 14, 2008 AND RECORDED IN BOOK 751 AT PAGE 199 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 11:00AM on April 13, 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:
The land referred to herein is situated in the State of North Carolina, County of Davie described as follows:
BEGINNING AT AN IRON LYING IN THE SOUTHEAST CORNER OF THE WITHIN DESCRIBED TRACT, SAID IRON LYING IN THE LINE OF JACK C. TRIVETTE (DEED BOOK 185, PAGE 813); THENCE FROM SAID POINT AND PLACE OF BEGINNING NORTH 80 DEGREES 19 MINUTES 34 SECONDS WEST TO AN IRON LYING IN THE NORTHERN LINE OF PENNY O. MULLIS (DEED BOOK 472, PAGE 482); THENCE NORTH 80 DEGREES 49 MINUTES 26 SECONDS WEST 133.76 FEET TO A NEW IRON PIN, THE SOUTHWEST CORNER OF THE WITHIN DESCRIBED TRACT; THENCE NORTH 09 DEGREES 40 MINUTES 53 SECONDS EAST 171.89 FEET TO A NEW IRON PIN, THE NORTHEAST CORNER OF THE WITHIN DESCRIBED TRACT; THENCE SOUTH 80 DEGREES 19 MINUTES 34 SECONDS EAST 133.75 FEET TO AN IRON; THENCE SOUTH 80 DEGREES 19 MINUTES 34 SECONDS EAST 201.55 FEET TO AN IRON; THENCE SOUTH 80 DEGREES 19 MINUTES 34 SECONDS EAST 30.00 FEET TO A MAGNAIL IN STATE ROAD 1331 (LOCALLY KNOWN AS SPEER ROAD), SAID POINT BEING THE NORTHEAST CORNER OF THE WITHIN DESCRIBED TRACT; THENCE SOUTH 08 DEGREES 28 MINUTES 37 SECONDS WEST 80.00 FEET TO A MAGNAIL IN SPEER ROAD, SOUTHWEST CORNER OF DOUGLAS E. PREVETTE (DEED BOOK 160, PAGE 432); THENCE NORTH 84 DEGREES 18 MINUTES 21 SECONDS WEST 12.74 FEET TO AN IRON; THENCE SOUTH 12 DEGREES 54 MINUTES 29 SECONDS WEST 90.00 FEET TO THE IRON IN THE POINT AND PLACE OF BEGINNING AND CONTAINING 1.407 ACRES AS TAKEN FROM A SURVEY OF GRADY L. TUTTEROW, RLS, DATED MARCH 23, 2006 AND OCTOBER 8, 2002.
And Being more commonly known as: 383 Speer Rd, Mocksville, NC 27028
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Larry E. O’Neal and Karen B. O’Neal.
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 March 23, 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/
13-050692
Posted: _________
By: _________
Publish: March 31, April 7
NOTICE OF SERVICE
OF PROCESS
BY PUBLICATION
NORTH CAROLINA
DAVIE COUNTY
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
16 SP 76
IN THE MATTER OF:
Estate of PEGGY LOU CHURCH,
deceased, by and through the
Public Administrator,
BRYAN C. THOMPSON,
Petitioner
vs.
WALTER CHURCH,
LESLIE E. CHURCH,
MINDY CHURCH and
any and all unknown intestate heirs of
PEGGY LOU CHURCH, deceased, whether born or unborn, collectively being all of the intestate heirs of PEGGY LOU CHURCH, deceased,
Respondents.
TO: MINDY CHURCH and any and all unknown intestate heirs of PEGGY LOU CHURCH,
deceased
Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief sought is a follows:
possession, control and custody of and authority to dispose of at public sale real property owned by PEGGY LOU CHURCH at the time of her dearth in order to create assets to pays debts of and other claims against the Estate of PEGGY LOU CHURCH.
You are required to make defense to such pleading within forty (40) days from the date of first publication of this notice, being April 7, 2016 and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought
This the 7th day of April, 2016.
Bryan C. Thompson
Attorney and Administrator
of the for the Estate
of PEGGY LOU CHURCH
SURRATT & THOMPSON, PLLC
100 N. Main Street, Suite 2425
Winston-Salem, NC 27101
Telephone: (336) 725-8323
Publish: April 7,14,21
NORTH CAROLINA
DAVIE COUNTY
IN THE GENERAL COURT
OF JUSTICE
DISTRICT COURT DIVISION
16 CVD 145
NOTICE OF SERVICE
OF PROCESS
BY PUBLICATION
COUNTY OF DAVIE,
Plaintiff;
vs.
Berth L Ridenhour heirs, known and unknown, including but not limited to any heirs of Evelyn Ridenhour Gunter, James E. Ridenhour Jr., Linda Darnell
Ridenhour Craft, Sandra Jean Ridenhour Myers, Claytie L. Caton, Hellen Caton Daywalt,
Robert Eugene Ridenhour, Sue Paige aka Katie Sue Ridenhour, Carolyn K. Pierce, James Pierce, Marolyn F. Ridenhour aka Merilyn Ridenhour, Ruby May Ridenhour Hedrick,Town of Cooleemee
Defendants.
PLEASE TAKE NOTICE that a pleading seeking relief has been filed in the above-entitled civil action in Davie County, North Carolina. The nature of the relief being sought is as follows: Judgment and Lien for taxes owed AND a Foreclosure Order to Sale the Property to satisfy the Lien.
You are required to make defense to such pleading no later than forty (40) days from the first publication of this Notice (April 7, 2016) and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.
This the 7th day of April, 2016.
E. Edward Vogler, Jr.
Attorney for Plaintiff
State Bar No. 869
Office of the County Manager
123 South Main Street
Mocksville, NC 27028
(336) 753-6016
Publish: April 7,14,21