Legal Notices for week of Dec. 8, 2016
Published 8:53 am Thursday, December 8, 2016
IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
DAVIE COUNTY
16SP257
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JESSICA M. BRACKEN AND JOSHUA S. BRACKEN DATED MAY 30, 2006 AND RECORDED IN BOOK 664 AT PAGE 681 IN THE DAVIE COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTCE 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 1:30PM on December 12, 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 281 as shown on the Map of Myers Park at Ridgemont, Section Two, which map is recorded in Plat book 6, page 103, Slide 216, Davie County Registry to which reference is hereby made for a more particular description.
And Being more commonly known as: 319 Windward Cir, Mocksville, NC 27028
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Jessica M. Bracken and Joshua S. Bracken.
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 November 21, 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/
16-085465
Posted: _______
By: _______
PUBLISH: DEC.1,8
NORTH CAROLINA
DAVIE COUNTY
PUBLIC
ADMINISTRATOR’S NOTICE
Having qualified as Public Administrator of the Estate of Linda Jean Orren Reed, Deceased, late of Davie County, North Carolina, this is to notify all persons having claims against the estate of the deceased to exhibit them to the undersigned on or before February 24, 2017, or this Notice will be pleaded in bar of their right to recover against the estate of the said deceased. All persons indebted to said estate will please make immediate payment.
This the 17th day of November, 2016.
Bryan C. Thompson
Public Administrator
of the Estate
of Linda Jean Orren Reed
SURRATT & THOMPSON, PLLC
100 N. Main Street, Suite 2425
Winston-Salem, NC 27101
(336) 725-8323
Publish: Nov.17,24,Dec.1,8
NORTH CAROLINA
DAVIE COUNTY
CREDITOR’S NOTICE
HAVING QUALIFIED as Executor of the Estate of JESS ALEXANDER BROWN, 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 February 24, 2017, (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 15th day of November, 2016.
DANIEL BROWN
175 Hillcrest Court
Mocksville, NC 27028
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish: Nov.24,Dec.1,8,15
NORTH CAROLINA
DAVIE COUNTY
CREDITOR’S NOTICE
HAVING QUALIFIED as Executrix of the Estate of MARY YORK DANNER, 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 1, 2017, (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 1st day of December, 2016.
Phyllis D. Shoaf,
Executrix of the Estate
5117 Wynneford Way
Raleigh, NC 27614
Publish: Dec.1,8,15,22
NORTH CAROLINA
DAVIE COUNTY
CREDITOR’S NOTICE
HAVING QUALIFIED as Co-Executors of the Estate of ELIZABETH MARY CHAFFIN, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the Co-Executors, undersigned, on or before March 1, 2017, (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 Co-Executors, undersigned.
This the 1st day of December, 2016.
Thomas A. Chaffin,
Co-Executor
171 Feezor Road
Mocksville, NC 27028
James C. Roberson,
Co-Executor
271 Smoot Farm Lane
Mocksville, NC 27028
Publish: Dec.1,8,15,22
NORTH CAROLINA
DAVIE COUNTY
CREDITOR’S NOTICE
Having qualified as Executor of the ESTATE OF NINA CRUTCHFIELD ELY, also known as Nina C. Ely, and Nina Ely, late of Davie County, North Carolina, this is to notify all persons, firms and corporations having claims against the estate of said deceased to exhibit them to the undersigned at 230 Town Run Lane, Winston-Salem, North Carolina 27101, on or before March 6, 2017, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.
This the 23rd day of November, 2016.
D. Blake Yokley, Executor
Estate of Nina Crutchfield Ely
c/o D. Blake Yokley
230 Town Run Lane
Winston-Salem, NC 27101
Publish: Dec.1,8,15,22
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO DEBTORS
AND CREDITORS
The undersigned having qualified as Executor of the Estate of DOROTHY A. MOLIDOR, aka, Dorothy Ann Molidor, aka Dorothy Molidor, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to exhibit them to the undersigned at the office of Edward Y. Brewer, Attorney, PO Box 786, 3626 Clemmons Road, Clemmons, North Carolina, 27012, on or before the 10th day of March 2017 or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.
This 8th day of December 2016.
Margaret Jo Dooley
Executor of the Estate
of Dorothy A. Molidor
By: Edward Y. Brewer, Attorney
PO Box 786
3626 Clemmons Road
Clemmons, NC 27012
Publish: Dec.8,15,22,29
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
The undersigned having qualified as Executrix of the Estate of HAZEL MAE HAUSER RIDDLE, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to exhibit them to the undersigned on or before the 10th day of March 2017 or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.
This 8th day of December 2016.
Faye Morgan,
Executrix of the Estate
229 Old Town Drive
Advance, NC 27006
Publish: Dec.8,15,22,29
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Co-Executors of the Estate of KATHLEEN MACDONALD CACI, 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 8, 2017, (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 2nd day of December, 2016.
MARY KAY DYSON
1358 Hwy 64 West
Mocksville, NC 27028
MICHELE HALL
202 Westridge Road
Advance, NC 27006
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish: Dec.8,15,22,29
STATE OF NORTH CAROLINA
COUNTY OF FORSYTH
NOTICE OF
FORECLOSURE SALE
16 SP 266
Under and by virtue of the power of sale contained in a certain Deed of Trust made by William R. Ludwick and Glenda P. Ludwick, (William Ray Ludwick aka William R. Ludwick, Deceased) (PRESENT RECORD OWNER(S): William Ray Ludwick and Glenda P. Ludwick) to Rebecca W. Shaia, Trustee(s), dated the 15th day of December, 2005, and recorded in Book 640, Page 409, 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 December 12, 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 a point in the southern line of Lot #10, Block B, located South 85 degs. 30 min. East 50 feet from the Southwest corner of said Lot #10, Block B and running thence from said point of BEGINNING North 4 degs. 30 min. East 200 feet to a point in the northern line of Lot Number 10; thence South 85 degs. 30 min. East 200 feet to a point in the northern line of Lot #8; thence South 4 degs. 30 min. West 200 feet to a point in the northern margin of margin of Augusta Drive; thence with the northern margin of Augusta Drive North 85 degs. 30 min. West 200 feet to the POINT AND PLACE OF BEGINNING and being Lot Number Nine (9) the eastern half of Lot #10 and the western half of #8 of Block B of Oakdale Subdivision according to a plat thereof recorded on pages 28A and 28B, Map Book 4, Davie County Registry to which reference is hereby made for a more particular description. Together with improvements located thereon; said property being located at 147 Oakdale Circle, Mocksville, North Carolina.
Subject to easements and restrictions of record.
For back title see Deed Book 83, Page 34, Davie County Registry. See also Tax Map L-5, Pcl 71, located in Jerusalem Township, Davie County, North Carolina.
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: 1187455 (FC.FAY)
Publish: Dec.1,8
NORTH CAROLINA
DAVIE COUNTY
IN THE GENERAL COURT
OF JUSTICE
JUVENILE COURT DIVISION
File No. 15 J 13
NOTICE OF SERVICE
OF PROCESS
BY PUBLICATION
In The Matter Of:
A Male Child, born
November 13, 2002
TO: UNKNOWN FATHER OF A MALE CHILD BORN ON NOVEMBER 13, 2002, IN DAVIE COUNTY, NORTH CAROLINA.
TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief sought is as follows: termination of your parental rights regarding a male child born on November 13, 2002, in Davie County, North Carolina. (An Order for Service by Publication was entered by the District Court on November 21, 2016.)
You are required to make defense to such pleading not later than January 10, 2017, said date being forty (40) days from the first publication of this notice, and upon your failure to do so, the Davie County Department of Social Services will apply to the Court for the relief sought.
YOU ARE NOTIFIED to appear and answer the Petition by serving the original of your written response upon the Davie County Clerk of Superior Court, Juvenile Division, Davie County Hall of Justice, 140 South Main Street, Mocksville, NC 27028, within forty (40) days after the date of the first publication, or no later than January 10, 2017. You must also serve a copy of your written response on the Petitioner’s Attorney listed below.
You have a right to be represented by an attorney in this case. If you want an attorney and cannot afford one, the Court will appoint an attorney for you. You may contact the Davie County Clerk of Superior Court immediately to ask for a court-appointed attorney. This is a new case, and any attorney appointed to represent you in another case will not represent you in this case unless the Court appoints that person again or you retain them. A copy of the Petition may also be obtained from the Clerk of Court during regular business hours.
This Notice first given the 1st day of December, 2016.
Holly M. Groce, Esq.,
NC State Bar No. 22214
Attorney for Davie County DSS
123 South Main Street
Mocksville, NC 27028
Phone: 336-753-6012
Publish: Dec.1,8,15