Legal Notices for Week of Aug. 17, 2017

Published 10:00 am Thursday, August 17, 2017

15 SP 308

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 Jason M. Moore to John H. Harris, Trustee(s), which was dated June 23, 2004 and recorded on June 25, 2004 in Book 558 at Page 240 and rerecorded/modified/corrected on June 22, 2015 in Book 992, Page 558, 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 August 21, 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:

BEING ALL OF LOTS 11-12 IN THE SUBDIVISION KNOWN AS DALTON ACRES AS SHOWN ON PLAT RECORDED THEREOF IN MAP BOOK 4 AT PAGE 99 IN THE DAVIE COUNTY PUBLIC REGISTRY.

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

Said property is commonly known as 166 Eric Road and Lot 12 adjacent to 166 Eric Road, 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 All Lawful Heirs of Jason M. Moore.

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.: 17-01914-FC01

Publish: Aug. 10,17

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Co-Executors of the Estate of GERALD PAIGE, late of Davie County, North Carolina, the undersigned do hereby notify all persons, firms, and corporations having claims against the estate of said decedent to exhibit them to the undersigned at 185 Kimel Park Drive, Suite 200, Winston-Salem, North Carolina 27103, on or before November 10, 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 10th day of August 2017.

Stephen N. Paige and

Scott Jay Paige

Co-Executors of the Estate

of GERALD PAIGE

Robert D. Hinshaw, Esq.

185 Kimel Park Drive, Suite 200

Winston-Salem, NC 27103

PUBLISH: Aug.10,17,24,31

NOTICE OF SERVICE

BY PROCESS

BY PUBLICATION

IN THE GENERAL COURT

OF JUSTICE

DISTRICT COURT DIVISION

FILE NO. 17 CvD 292

NORTH CAROLINA

DAVIE COUNTY

Davie County, A Body Politic and Corporate vs. Audrey Lynn Cleveland, Unknown Spouse of Audrey Lynn Cleveland, Dianne Cleveland, Unknown Spouse of Diane Cleveland, Gordon Cleveland, Unknown Spouse of Gordon Cleveland, Henry Junior Cleveland, Unknown Spouse of Henry Junior Cleveland, Michael Todd Cleveland, Unknown Spouse of Michael Todd Cleveland, Ricky Daniel Cleveland, Unknown Spouse of Ricky Daniel Cleveland, Unknown Heirs at Law of Annie Lee Arnold, Unknown Heirs at Law of Audrey Lynn Cleveland, Unknown Heirs at Law of Dianne Cleveland, Unknown Heirs at Law of Gordon Cleveland, Unknown Heirs at Law of Henry Junior Cleveland, Unknown Heirs at Law of Michael Todd Cleveland, Unknown Heirs at Law of Ricky Daniel Cleveland

TO: Audrey Lynn Cleveland, Unknown Spouse of Audrey Lynn Cleveland, Dianne Cleveland, Unknown Spouse of Diane Cleveland, Gordon Cleveland, Unknown Spouse of Gordon Cleveland, Henry Junior Cleveland, Unknown Spouse of Henry Junior Cleveland, Michael Todd Cleveland, Unknown Spouse of Michael Todd Cleveland, Ricky Daniel Cleveland, Unknown Spouse of Ricky Daniel Cleveland, Unknown Heirs at Law of Annie Lee Arnold, Unknown Heirs at Law of Audrey Lynn Cleveland, Unknown Heirs at Law of Dianne Cleveland, Unknown Heirs at Law of Gordon Cleveland, Unknown Heirs at Law of Henry Junior Cleveland, Unknown Heirs at Law of Michael Todd Cleveland, Unknown Heirs at Law of Ricky Daniel Cleveland

Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows:

Foreclosure sale to satisfy unpaid property taxes owing to Davie County on your interest in the property described as follows:

BEGINNING at an iron pin Augusta Road and running South 15 degs. West 291 feet to an iron pin in Carter line; thence South 79 degs. West 89 feet to an iron pin; thence North 23 degs. East 227 feet to an iron pin in Augusta Road; thence with said road 120 feet to the beginning, as surveyed by A. L. Bowles, May 11, 1960.

Being all of that parcel described in a deed recorded in Book 64, Page 206.

Also being identified as Parcel ID# K5100A0016, Davie County Tax Office. Address: 160 Deadmon Road, Mocksville, NC 27028

Plaintiff seeks to extinguish any and all claims and interests that you may have in the property, to have a commissioner appointed to sell the Property and to deliver to the purchaser a deed to said real estate in fee simple, free and clear of all encumbrances, and that the interests and equities of redemption of the Defendants in the property be forever barred and foreclosed.

You are required to make defense to such pleading no later than September 13, 2017 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This day of July 17, 2017.

Richard J. Kania

Attorney for Plaintiff

600-A Centrepark Drive

Asheville, North Carolina 28805

(828) 252-8010

Publish: AUG. 3,10,17

NOTICE OF SERVICE

BY PROCESS

BY PUBLICATION

IN THE GENERAL COURT

OF JUSTICE

DISTRICT COURT DIVISION

FILE NO. 17 CvD 260

NORTH CAROLINA

DAVIE COUNTY

Davie County, A Body Politic and Corporate vs. Unknown Heirs at Law of Edna Wilson, Unknown Heirs at Law of Jake Van Eaton, Unknown Heirs at Law of John Wilson, Unknown Heirs at Law of Magalene Cody, a/k/a Magdalene Cody, a/k/a Madgalene Cody, a/k/a Margarita Cody, Unknown Heirs at Law of Sarah Allison, Unknown Heirs at Law of Ethel Wilson, Unknown heirs at law of Edward Allison, B. T. Cody, Unknown Spouse of B.T. Cody, Unknown heirs at law of Booker S. Cody, DeAnna Cody, Unknown Spouse of DeAnna Cody, Deborah Cody, Unknown Spouse of Deborah Cody, Edward Cody, Unknown Spouse of Edward Cody, Unknown heirs at law of Floyd Cody, Unknown heirs at law of John Lee Cody, Mary Cody, Unknown Spouse of Mary Cody, Samuel J. Cody, Unknown Spouse of Samuel J. Cody, Davie County Hospital, Lienholder, a/k/a Davie Medical Center, a/k/a Davie County Emergency Health Corporation

TO: Unknown Heirs at Law of Edna Wilson, Unknown Heirs at Law of Jake Van Eaton, Unknown Heirs at Law of John Wilson, Unknown Heirs at Law of Magalene Cody, a/k/a Magdalene Cody, a/k/a Madgalene Cody, a/k/a Margarita Cody, Unknown Heirs at Law of Sarah Allison, Unknown Heirs at Law of Ethel Wilson, Unknown heirs at law of Edward Allison, B. T. Cody, Unknown Spouse of B.T. Cody, Unknown heirs at law of Booker S. Cody, DeAnna Cody, Unknown Spouse of DeAnna Cody, Deborah Cody, Unknown Spouse of Deborah Cody, Edward Cody, Unknown Spouse of Edward Cody, Unknown heirs at law of Floyd Cody, Unknown heirs at law of John Lee Cody, Mary Cody, Unknown Spouse of Mary Cody, Samuel J. Cody, Unknown Spouse of Samuel J. Cody, Davie County Hospital, Lienholder, a/k/a Davie Medical Center, a/k/a Davie County Emergency Health Corporation

Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows:

Foreclosure sale to satisfy unpaid property taxes owing to Davie County on your interest in the property described as follows:

BEGINNING at an iron stake in center of Public Road and running N. 2 1/2 degs. East 7.14 chs. to a stone; thence S. 75 degs. W. 4.00 chs. to Elm and Iron stake; thence S. 2 degs. West 7.94 chs. to point in center of Public Road; thence N. 68 degs. East 4.28 chs. to the beginning, containing 3 acres, more or less. See Book 64, Page 606.

LESS AND EXCEPT THE FOLLOWING TWO PARCELS:

TRACT ONE:

BEGINNING on iron stake in North edge of 18 foot B.S.T., Sr 1605, the Mary Van Eaton estate Southeast corner; thence South 64 degrees 46 minutes West 100.00 feet to railroad spike in said road; thence North 04 degrees 59 minutes East 506.03 feet to an iron stake in the old line; thence North 76 degrees 40 minutes East 75.40 feet to the old rock corner found in place; thence South 03 degrees 13 minutes West 479.63 feet TO THE POINT OF BEGINNING, containing 0.90 acres DMD, and being the Eastern portion of a certain parcel or tract of land described in Deed Book 64, page 606, Davie Registry. See Book 82, Page 680.

TRACT TWO:

BEGINNING at a railroad spike edge of S. R. 1605 (Dalton Road), southwest corner of the within described tract and lying in the Alton Foster (Deed Book 50, Page 287) eastern boundary, and running thence from the point and place of beginning, North 02 deg. 14 min. 53 sec. East 30.00 feet to an iron pin on a property line, thence continuing said bearing 506.64 to an iron found at a 10” elm tree, northwest corner of the within described tract and the northeast corner of Alton Foster, southeast corner of Herman L. Volpe (Deed Book 88, Page 62) and the southwest corner of the Mrs. W. F. Martin heirs (Deed Book 27, Page 514), thence with the Martin heirs North 76 deg. 41 min. 24 East 86.39 feet to an iron pin, northeast corner of the within described tract, thence South 02 deg. 14 min. 53 sec. West 486.53 feet to an iron pin lying on a property line, thence continuing said bearing 30.00 feet to a point in the paved portion of S. R. 1605, Southeast corner of the within described tract, thence with said road South 64 deg. 46 min. 13 sec. West 93.80 feet to the point and place of BEGINNING, containing 1.006 acres as per plat and survey of Sam P. Hall, R.L.S. dated October 20, 1993. The above described tract is a portion of the Mary Van Eaton heirs property described in Deed Book 64, Page 606, Davie County Registry. See Book 171, Page 725.

Also being identified as Parcel ID# J600000036 A, Davie County Tax Office. Address: Dalton Road, Mocksville, NC 27028

Plaintiff seeks to extinguish any and all claims and interests that you may have in the property, to have a commissioner appointed to sell the Property and to deliver to the purchaser a deed to said real estate in fee simple, free and clear of all encumbrances, and that the interests and equities of redemption of the Defendants in the property be forever barred and foreclosed.

You are required to make defense to such pleading not later than September 13, 2017 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This day of July 20, 2017.

Richard J. Kania

Attorney for Plaintiff

600-A Centrepark Drive

Asheville, North Carolina 28805

(828) 252-8010

Publish: AUG. 3,10,17

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of William Reid Nunn, Jr., deceased, 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 2150 Country Club Road, Suite 160, Winston-Salem, North Carolina 27104, on or before the 3rd day of November, 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 3rd day of August, 2017

Daughn Nunn Eagan,

Executor of the Estate

of William Reid Nunn, Jr.

Kangur & Porter, LLP

Attorneys at Law

2150 Country Club Road

Suite 160

Winston-Salem, NC 27104

PUBLISH: Aug.3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of ROSALIND BURKE, deceased, 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 on or before the 3rd day of November, 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 3rd day of August, 2017

Patrick E. Burke, Jr.,

Executor of the Estate

of Rosalind Burke

2042 US Hwy. 64 E.

PO Box 4

Mocksville, NC 27028

PUBLISH: Aug.3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of GEORGE DENNY CRAVEN, deceased, 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 on or before the 3rd day of November, 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 3rd day of August, 2017

Wendi Craven Barber,

Executorix of the Estate

of George Denny Craven

575 Hennessee Street,

Morganton, NC 28655

PUBLISH: Aug.3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Administrator for the Estate of EUGENIE NOVAK, (a/k/a Eugenie R. Novak), late of Davie County, North Carolina, the undersigned does hereby notify all persons, firms, and corporations having claims against the estate of said decedent to exhibit them to the Administrator, Jason Novak, at the office of T. Dan Womble, Esq., P.O. Box 1698, or 3802-A Clemmons Road, Clemmons, NC 27012, on or before November 10, 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 10th day of August, 2017.

Jason Novak,
Administrator 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: Aug. 10,17,24,31

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of CHARLES LEROY ADAMS, 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 NOVEMBER 10, 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 10th day of August, 2017.

Ronald E. Adams,

Executor of the Estate

of Charles Leroy Adams

180 Dwiggins Road,

Mocksville, NC 27028

Publish: Aug. 10,17,24,31

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executrix of the Estate of MYRTLE BRANCH LEQUIRE, 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 NOVEMBER 10, 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 10th day of August, 2017.

Jayne H. Crotts

Executrix of the Estate

of Myrtle Branch Lequire

197 Tom Crotts Lane

Mocksville, NC 27028

Publish: Aug. 10,17,24,31

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executrix of the Estate of ANNIE FOSTER JOHNSON, 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 NOVEMBER 10, 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 10th day of August, 2017.

Cynthia J. Slappey,

Executrix of the Estate

of Annie Foster Johnson

4036 Ardenwoods Drive

Fayetteville, NC 28306

Publish: Aug. 10,17,24,31

NOTICE OF HEARING

To: Darlene I. Lanier, as a joint tenant in the real property located at 11816 Ringwood, Norwalk, CA 90650, APN 8022-018-018, and that the petition affects her interest in the property and that she could lose an interest in the property if she fails to respond or participate in the proceeding.

DECEDENT’S ESTATE

OR TRUST

Case Number

16STPB05148

Superior Court of California

County of Los Angeles

111 North Hill Street

Los Angeles, California

Central District – Stanley Mosk Courthouse

ESTATE OF: Alfred Roscoe Lanier

This notice is required by law.

This notice does not require you to appear in court, but you may attend the hearing if you wish

1. NOTICE is given that: David McCullar, Petitioner, has filed Petition to Return Real Property to The Estate [Probate Code Section 850]

Property Address: 11816 Ringwood, Norwalk, California 90650 (APN 8022-018-018)

**Any person interested in the above property, may file an answer to the Petition within the required time period**

2. You may refer to the filed documents for more information.

3. A HEARING on the matter will be held as follows:

Date: 9/21/2017 Time: 8:30 a.m. Dept: 67

Address of court: 111 North Hill Street, Los Angeles, California

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the clerk’s office for Request for Accommodations by Persons with Disabilities and Order (form MC-410). (Civil Code section 54.8.)

Mary G. Finlay, Esq. (#203180)

Stacy L. Olsen, Esq. (#249661)

Finlay Law Group, APC

4685 MacArthur Court, Suite 421

Newport Beach, CA 92660

Telephone: 949-269-4139

Attorney for Petitioner

David McCullar

8/3, 8/10, 8/17, 8/24/17

CNS-3035275#

ENTERPRISE RECORD

NORTH CAROLINA

DAVIE COUNTY

IN THE GENERAL COURT

OF JUSTICE

JUVENILE COURT DIVISION

File No. 14 J 12

NOTICE OF SERVICE

OF PROCESS

BY PUBLICATION

In The Matter Of:

A Male Child, born

June 16, 2006

TO: ANTHONY HUTCHINS, FATHER OF A MALE CHILD BORN ON JUNE 16, 2006, IN HORRY COUNTY, SOUTH 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:  an action alleging neglect regarding a male child born on June 16, 2006, in Davie County, North Carolina.  (An Order for Service by Publication was entered by the District Court on July 17, 2017.)

You are required to make defense to such pleading not later than September 12, 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 September 12, 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 3rd day of August, 2017.

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: Aug. 3,10,17

NOTICE OF

PUBLIC HEARING

BEFORE THE BOARD

OF ADJUSTMENT

NOTICE IS HEREBY GIVEN, pursuant to the requirements of Article 20-B of Chapter 153-A of the General Statutes of North Carolina and Section 155.235 of the Davie County Code of Ordinances, that the Davie County Board of Adjustment will hold a Public Hearing in the Commissioners Room of the Davie County Administration Building, 123 South Main Street Mocksville, NC on Monday August 21, 2017 at 6:00 p.m. to hear the following request:

Tabitha Holbrook & Frances Cleary have applied for a Special Use Permit for a Private Recreation Facility in the Residential Agricultural (R-A) zoning district pursuant to §155.125 of the Davie County Zoning Ordinance. The subject use/property is located at 154 Sunflower Trail Mocksville, NC 27028 and is further described as Parcel of the Davie County Tax Map D300000056.

A sign will be placed on the above listed properties to advertise the Public Hearing.

All parties and interested citizens are invited to attend said hearing at which time they shall have an opportunity to present facts and testimony in support of, or in opposition to, the request.  Prior to the hearing, additional information on a request may be obtained by visiting the Development Services Department weekdays between 8:30 a.m. and 5:00 p.m. Monday through Friday, or by telephone at (336) 753-6050.

As a result of the public hearing, substantial changes might be made in the advertised proposal, reflecting objections, debate and discussion at the hearing.  Anyone who needs an accommodation to participate in the meeting should notify the Development Services Department at least 48 hours prior to the meeting or call North Carolina Relay at 1-800-735-8262.

Andrew Meadwell

Planning Department

Publish: Aug. 10,17

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 David W. Schamens, individually and as general partner of Invictus Real Estate Investment, LLP, and Piliana M. Schamens, dated October 27, 2016, and recorded in Book 1034 at Page 0544 in the Office of the Register of Deeds for Davie County; and under and by virtue of the authority vested in the undersigned as Substitute Trustee by that certain instrument recorded in Book 1044 at Page 1206 in the Office of the Register of Deeds for Davie County; and under and by virtue of that certain Authorization, Findings and Order entered by Judge Mark Klass of Davie County Superior Court on August 11, 2017, and of record in File 17 SP 47, 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 September 8, 2017, the land conveyed in said Deed of Trust, the same being owned of record by David W. Schamens, individually and as general partner of Invictus Real Estate Investment, LLP, and Piliana M. Schamens, and being more particularly described as follows:

BEING KNOWN AND DESIGNATED as Lot No. 565 in Oak Valley, Section 9A, Palmer’s Ridge of Oak Valley, according to the plat thereof recorded in Plat Book 7 at Page 69, in the Office of the Register of Deeds of Davie County, North Carolina.

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)(l) of Forty-five Cents (45 cents) 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: (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 w’ho occupies residential real property pursuant to a rental agreement entered into on or after October 1, 2007, may, after receiving this notice of sale, terminate the rental agreement upon 10 days written notice to the landlord. The tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

Date of Notice: August 14, 2017.

Stanley P. Dean

Substitute Trustee

844 West 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: Aug. 17,24

______________________________

Philip A. Glass, Substitute Trustee

Nodell, Glass & Haskell, L.L.P.

EXHIBIT “A”

Lying and being in Mocksville Township, David County, North Carolina and beginning at an existing iron, said existing iron being the Southeastern corner or Charles H. Bowers, Deed Book 341, page 393 and being the Northeastern corner of Lucy S. McClamrock, Deed Book 351, page 300 and being the Northwestern corner of the within described property and being the Southwestern corner of Linda H. Dunn, Deed Book 191, page 30, thence with said Dunn line North 62 degrees, 41 min. 00 sec. East 161.10 ft. to an existing iron, thence with Dunn line North 62 degrees, 35 min., 52 sec. East 125.33 ft. to an existing iron; thence with Dunn line North 62 degrees, 31 min. 31 sec. East 18.12 ft. to an existing iron, said existing iron being the Western most corner of Derwood Johnson, Deed Book 203, page 274; thence with Johnson line, South 27degrees, 22 min 47 sec. East 184.78 ft. to a ½ inch existing iron, said iron being located in the Northern right or way of Duke Street, thence with said right of way South 62 degrees, 27 min. 11 sec. West 411.30 ft. to a rebar, said rebar being located in the Northern edge of Duke Street and being the Southeastern corner of Lucy S. McClamrock, Deed Book 351, page 300; thence with McClamrock line North 03 degrees, 00 min., 25 sec., East 115.00 ft. to an existing iron; thence with McClamrock line North 01 degrees, 50 min., 05 sec., East 99.54 ft. to the POINT AND PLACE OF BEGINNING and containing 1.520 acres as surveyed by Tutterow Surveying Company, October 21, 2004, and being 1.520 acres of Henry C. Tomlinson Property, Deed Book 142, page 808, Tax Map Reference J-4-12, Block A, Parcel 20.

Subject to easements and restrictions or record.

For back title, see Deed Book 579, page 186, Davie County Registry.  See also Tax Map J-4-12, Blk A, Pcl 20, located in Mocksville Township, Davie County, North Carolina.

Property Address: 257 Duke Street, Mocksville, NC 27028

vl________________________ 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.

______________________________

Philip A. Glass, Substitute Trustee

Nodell, Glass & Haskell, L.L.P.

Posted on 09/14/2016

EXHIBIT A

Lying and being in Farmington Township, Davie County, North Carolina and being more particularly described as follows:

BEGINNING at an iron in the Northeast corner of the within described tract, said iron lying North 71Ε 2’ 28” West 199.62 feet from an iron in the Northeast corner of those lands conveyed to Allen R. Cassidy in Deed Book 136, Page 183; thence from the POINT AND PLACE OF BEGINNING South 7Ε 55’ 01” West 102.09 feet to an unmarked point in the center line of a 20 foot easement; thence continuing South 7Ε 55’ 01” West 60.87 feet to an iron Southeast corner of the within described tract; thence North 82Ε 43’ 7” West 231.32 feet to an iron Southwest corner of the within described tract in the line of Ecology Corporations, Deed Book 83, Page 568; thence North 5Ε 58’ 22” East 212.19 feet to an iron Northwest corner of the within described tract; thence South 71Ε 2’ 28” East 243 feet to an iron the POINT AND PLACE OF BEGINNING containing 1.009 acres more or less as surveyed March 17, 1999 by Grady L. Tutterow, Registered Land Surveyor and being a portion of those lands conveyed to Allen R. Cassidy in Deed Book 136, page 183.

Together with the above described tract is conveyed a perpetual nonexclusive easement of ingress, egress, and regress and being 20 feet in width and having as its center line the following course and distance: BEGINNING at an unmarked point lying South 7Ε 55’ 01” West 102.09 feet from an iron in the Northeast corner of the above described tract; and thence from the unmarked point in the center of easement South 70Ε 23’ 04” East 159.19 feet to an unmarked point said easement being appurtenant to the lands described hereinabove and running with the same through the hands of all persons whomsoever.

Together with the above described tract is conveyed a perpetual easement of ingress, egress, and regress reaching from the Northern edge of the right of way margin of S.R. 1440 and leading to the above described tract which is more particularly described in Deed Book 129, Page 454 and Deed Book 129, Page 819 to which reference is hereby made for a more particular description.

Titled “Additional Property Description” which is attached hereto as Exhibit A, together with a security interest in that certain 1999, 80 X 28 STONEBROOK mobile home, serial number SRO.

Property Address: 440 Speaks Road, Advance, NC 27006

Parcel ID #: E6-000-00-059-01

______________________________

Philip A. Glass, Substitute Trustee

Nodell, Glass & Haskell, L.L.P.

Posted on 8/17/16

EXHIBIT A

BEING KNOWN and designated as that 2.004 acre tract as set forth on a Survey for Terry McClamrock recorded in Plat Book 9, Page 140, Davie County Registry, to which reference is hereby made for a more particular description.

SUBJECT TO easements and restrictions of record.

FOR BACK TITLE, see DB 724, PG 126, Davie County Registry.  Se also Tax Map F-5, Pcl 57, located in Mocksville Township, Davie County, North Carolina.

PROPERTY ADDRESS: 583 Angell Rd, Mocksville, NC 27028