Legal Notices for week of Jan. 4, 2017
Published 9:01 am Thursday, January 5, 2017
IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
DIVISION
DAVIE COUNTY
16SP286
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BRIAN M. COFFEY DATED DECEMBER 14, 2007 AND RECORDED IN BOOK 740 AT PAGE 156 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 3:00PM on January 18, 2017 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 Nos. 96 and 97 on Map #1 of Boxwood Acres as set forth in Plat Book 4, Page 48, Davie County Registry, to which reference is hereby made for a more particular description.
SUBJECT TO Restrictive Covenants in DB 77, PG 223, Davie County Registry, and any other easements and restrictions of record.
FOR BACK TITLE, see DB 678, PG 1031; and DB 154, PG 201; Davie County Registry. See also Tax Map M-5-12, Blk A, Pcl 6, located in Jerusalem Township, Davie County, North Carolina.
And Being more commonly known as: 284 Pleasant Acre Dr, Mocksville, NC 27028
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Brian M. Coffey.
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 December 8, 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/
16-086248
Posted: ________
By: ________
Publish: Jan.5,12
NORTH CAROLINA
DAVIE COUNTY
NOTICE OF
FORECLOSURE SALE
Special Proceedings
No. 16 SP 206
Substitute Trustee:
Philip A. Glass
Date of Sale:
January 18, 2017
Time of Sale: 11:00 a.m.
Place of Sale:
Davie County Courthouse
Description of Property:
See Attached Description
Record Owners:
Corrie J. Mayhew,
nka Corrie Lynn Moushey
Address of Property:
167 S. Hemingway Court
Advance, NC 27006
Deed of Trust:
Book : 840 Page: 72
Dated: October 18, 2010
Grantors: Corrie J. Mayhew (single) and Christopher P. Moushey (single)
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: 12/21/16
Philip A. Glass,
Substitute Trustee
Nodell, Glass & Haskell, L.L.P.
Posted on 12/21/16
EXHIBIT A
BEING KNOWN and designated as Lot No. 32 of Covington Creek, Phase II, as set forth in Plat Book 7, Page 97 and 98, Davie County Registry, to which reference is hereby made for a more particular description.
SUBJECT TO Restrictive Covenants in DB 315, PG 207, Davie County Registry, and any other easements and restrictions of record.
FOR BACK TITLE, see DB 808, PG 709, and DB 413, PG 548, Davie County Registry. See also Tax Map H-8-6, Blk A, Pcl 32, located in Shady Grove Township, Davie County, North Carolina.
Publish: Jan. 5,12
16 SP 116
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 Robert L. Bright and Carolyn B. Bright to American General Finance of America, Inc., Trustee(s), which was dated June 12, 2000 and recorded on June 15, 2000 in Book 337 at Page 105, 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 9, 2017 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 I:
BEGINNING at a railroad spike located S 22 degrees 02’ E 64.24 feet from the approximate center line intersection of Beauchamp Road & Deans Way and from such point of BEGINNING s 88 degrees 04’ 23” E 202.88 feet to an existing iron pin in Betty B. Pardue’s southern line (D.B. 156, Pg. 493 & D.B. 66, Pg. 174), thence with Pardue’s line N 06 degrees 27’ 50” E 93.83 feet to an existing iron pin; thence S 88 degrees 08’ 42” E 34.87 feet to an existing iron pin; thence N 05 degrees 18’ 52” E 50.04 feet to an existing iron pin; thence N 86 degrees 28’ 45” E 105.12 feet to a new iron pin; thence S 03 degrees 02’ 54” W 283.73 feet to an existing iron pin in William Bright’s northern line (D.B. 101, Pg. 213); thence N 83 degrees 29’ 08” W 313.58 feet to a railroad spike in the eastern right of way line of Beauchamp Road; thence N 17 degrees 44’ 29” W 104.17 feet to the point and place of BEGINNING consisting of 1.297 acres, more or less, and being tax parcel 47 of Tax Map E-7 as shown on a survey by Larry L. Callahan Surveying Co., Inc., Job No. 8092-3, dated March 27, 1995 and entitled “Survey for Robert Bright & Carolyn Bright, to which reference is hereby made.
See Deed Book 179, Page 825
Tract II:
BEGINNING at an iron in the line of Ernest G. Brewer (Deed Book 62, Page 253), the Northwest corner of those lands described by dead recorded in Deed Book 156, Page 485, and running thence South 75 degs. 31 min. 05 sec. East 1164.70 feet to an iron in Hicks’ line; thence South 06 degs. 43 min. 53 sec. West 110.67 feet to an iron, Hicks’ Southwest corner; thence with the line of Charles Dean Beauchamp et al South 08 degs. 36 min. 22 sec. West 179.06 feet to an iron, Charles Dean Beauchamp Southwest corner; thence with said Beauchamp line South 83 degs. 33 min. 56 sec. East 1047.49 feet to a railroad spike in SR 1632 (locally known as “Juney Beauchamp Road”); thence South 17 degs. 44 min. 33 sec. East 169.72 feet to a PK nail in SR 1632 right of way; thence North 82 degs. 36 min. 22 sec. West 1122.31 feet to an iron; thence North 08 degs. 36 min. 22 scc. East 106.13 feet to an iron; thence North 79 degs. 10 min. 45 sec. West 608.11 feet to an iron; thence North with the line of Louise S. Adams North 74 degs. 52 min. 45 sec. West 411.18 feet to an iron; thence North 20 degs. 52 min. 46 sec. West 297.00 feet to an iron; thence North 08 degs. 41 min. 27 sec. East passing through an iron at 28.31 feet marking the Southeast corner of Ernest G. Brewer a total of 110.22 feet to the POINT AND PLACE OF BEGINNING, containing 12.454 acres, more or less, and being Tracts 2A and 2B on that plat of the Roy C. Beauchamp property dated July 18, 1990, as surveyed by Halls Land Surveying Company and being a portion of those lands described by deed recorded in Deed Book 156, Page 485, Davie County Registry.
See Deed Book 180, Page 631
Tract III:
BEGINNING at an iron the Northeast corner of W.F. Bright, Deed Book 101, page 213, southeast corner of the within described tract; thence with Bright line North 83 deg. 29 min, 49 sec. West 143.15 feel to an iron, southwest corner of the within described tract; thence North 03 deg. 02 min. 51 sec. East 150 feet to an iron, northwest corner of the within described tract; thence South 83 deg. 35 min. 01 sec. East 148.37 feet to an iron, northeast corner of the within described tract; thence South 05 deg. 02 min. 47 sec. West 150 feet to an iron, the point and place of BEGINNING containing .501 acres, more or less as surveyed July 18, 1990 by Sam P. Hall, registered land surveyor.
See Deed Book 198, Page 392
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 463 Juney Beauchamp Road and .50 acre parcel adjacent to 463 Juney Beauchamp Road, and 120 Lisas Lane, Advance, 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 Carolyn Bright.
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.: 16-05328-FC01
Publish: Dec.29,Jan.5
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor for the Estate of GEORGE TIMOTHY 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, Jessica Bowden Smith Whitaker, (a/k/a Jessica Bowden Smith), at the office of T. Dan Womble, Esq., P.O. Box 1698, or 3802-A Clemmons Road, Clemmons, NC 27012, on or before March 15, 2017 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 15th day of December, 2016.
Jesscia Bowden Smith
Whitaker,
a/l/a Jessica Bowden Smith,
Executor of the Estate
Submit payments & claims to:
T. Dan Womble, Esq.
Attorney for the Estate
PO Box 1698
3802-A Clemmons Road
Clemmons, NC 27012
336-766-8085
Publish: Dec.15,22,29;Jan.5
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Administrator, CTA, of the Estate of David Howard Swain, 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 15, 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 December, 2016.
David H. Swain, Jr.,
Administrator, CTA
of the Estate
of David Howard Swain
135 Norma Lane
Advance, NC 27006
Publish: Dec.15,22,29, Jan. 5
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executrix of the Estate of DOROTHY ROBERTS DOTSON, 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 15, 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 December, 2016.
DEBRA LEIGH DOTSON,
Executrix of the Estate
of Dorothy Roberts Dotson
117 Pepperstone Dr.,
Mocksville, NC 27028
Publish: Dec.15,22,29, Jan. 5
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executrix of the Estate of EDWARD HAROLD MAYS, 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 15, 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 December, 2016.
JOYCE ANN MAYS,
Executrix of the Estate
of Dorothy Roberts Dotson
1149 GLADSTONE ROAD
Mocksville, NC 27028
Publish: Dec.15,22,29, Jan. 5
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Co-Executrixes of the Estate of MARIE D’AMATO CROTTS, 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 15, 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-Executrixes undersigned.
This the 15th day of December, 2016.
Anita Marie Sablotny Pulaski
Co-Executrix of the Estate
333 Deadmon Road,
Mocksville, NC 27028
Jennifer Lynn Crotts Grubbs,
Co-Executrix of the Estate
322 Hepler Road,
Mocksville, NC 27028
Publish: Dec.15,22,29, Jan. 5
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of MARTHA SMITH COOPER, 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 22, 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-Executrixes undersigned.
This the 22ND day of December, 2016.
Fletcher Allen Cooper, Jr.
Executor of the Estate
140 Sweetwood Lane
Mocksville, NC 27028
Publish: Dec.15,22,29, Jan. 5
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of CHARLES EDWARD GAITHER, 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 5, 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 28th day of December, 2016.
CORA LEE GAITHER
136 Few Acres Lane
Harmony, NC 28634
Publish: Jan. 5,12,19,26
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Administrator of the Estate of BRENDA CARTER HANES, 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 5, 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 28th day of December, 2016.
Joshua C. Hanes,
Administrator of the Estate
4530 Meeting House Lane
Clemmons, NC 27012
Publish: Jan. 5,12,19,26
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executrix of the Estate of ADA SHEEK SMITH, 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 5, 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 5th day of January, 2017.
GAIL S. WILKINSON
Executrix of the Estate
of Ada Sheek Smith
29 Clovelly Way
Asheville, NC 28803
Publish: Jan. 5,12,19,26
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of HUBERT CLAY McCLAMROCK, 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 5, 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 5th day of January, 2017.
Judy L. McClamrock
Executor of the Estate
of Hubert Clay McClamrock Sr.
136 Bradford Place
Mocksville, NC 27028
Publish: Jan. 5,12,19,26