Legal Notices for Week of Aug. 24, 2017
Published 11:37 am Thursday, August 24, 2017
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
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
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Co-Executors of the Estate of CLYDE HUSTON HENDRICKS, late of Davie County, NC, 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 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 16th day of August, 2017.
DAVIN M. BROWN
288 North Hiddenbrooke Drive
Advance, NC 27006
DIANNE H. BROWN
134 Sycamore Ridge Drive
Bermuda Run, NC 27006
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish: Aug. 24,31; Sept.7,14
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Administratrix of the Estate of JUDITH DOROTHY MEGEE, late of Davie County, NC, 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 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 24th day of August, 2017.
Bernadette E. Magan,
Administratrix
146 Birchwood Lane,
Mocksville, NC 27028
Publish: Aug. 24,31; Sept.7,14
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Administratrix of the Estate of KAREN DENISE FREEMAN, late of Davie County, NC, 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 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 24th day of August, 2017.
Kathy Cohen Smith,
Administratrix
124 Fair Share Rd.,
Salisbury, NC 28147
Publish: Aug. 24,31; Sept.7,14
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executrix of the Estate of GEORGE H. BURNETT, late of Davie County, NC, 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 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 24th day of August, 2017.
Elizabeth B. Ward,
Executrix of the Estate
255 Canyon Road
Mocksville, NC 27028
Publish: Aug. 24,31; Sept.7,14
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
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
SUBSTITUTE TRUSTEE’S
NOTICE OF
FORECLOSURE SALE
OF REAL PROPERTY
THIS ACTION BROUGHT PURSUANT TO THE POWER AND AUTHORITY contained within that certain Deed of Trust executed and delivered by Richard C. Wallace and Rita T. Wallace, dated June 28, 2005, and recorded on July 5, 2005 in Book 615 at Page 234 in the Office of the Register of Deeds of Davie County, North Carolina. As a result of a default in the obligations contained within the Promissory Note and Deed of Trust and the failure to carry out and perform the stipulations and agreements contained therein, the holder of the indebtedness secured by said Deed of Trust made demand to have the default cured, which was not met. Therefore, the undersigned Substitute Trustee will place for sale that parcel of land, including improvements thereon, situated, lying and being in the City of Mocksville, County of Davie, State of North Carolina, and being more particularly described in the heretofore referenced Deed of Trust. Said sale will be a public auction, to the highest bidder for cash, at the usual place of sale at the Davie County Courthouse, Mocksville, North Carolina on September 5, 2017 at 10:00 AM. Address of property: 7300 South NC Hwy 801, Mocksville, NC 27028. Tax Parcel ID: M50000001803. Present Record Owners: Rita T. Wallace. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. 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. The successful bidder will be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax, and costs for recording the Trustee’s Deed. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, special assessments, and other encumbrances. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids, as by law required. The sale will not confirm until there have been ten (10) consecutive days with no upset bids having been filed. If for any reason the Trustee is unable to convey title to this property, or if the sale is set aside, the sole remedy of the purchaser is the return of the bid deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the bid deposit. In either event, the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney, or the Trustee. Additional Notice Required for Residential Real Property with Less Than Fifteen (15) Rental Units: 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. 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. Albertelli Law Partners North Carolina, P.A., Substitute Trustee By: Albertelli Law Partners North Caorlina, P.A. Michael L. Spicer, Attorney N.C. Bar Number 37066 205 Regency Executive Park Drive Suite 100 Charlotte, NC 28217 T: 704-970-0391 A-4629817
08/24/2017, 08/31/2017
NOTICE OF
PUBLIC HEARING
BEFORE THE MOCKSVILLE
TOWN BOARD
FOR THE FOLLOWING
ORDINANCE AND ZONING
AMENDMENTS
NOTICE IS HEREBY GIVEN, PURSUANT TO THE REQUIREMENTS of Chapter 160A-364 of the General Statutes of North Carolina and pursuant to Section 8-3.9.7 of the Mocksville Zoning Ordinance, that the Town Board of Commissioners will hold a PUBLIC HEARING in the Town Hall, Mocksville, NC, at 6:00 p.m. on Tuesday, September 5, 2017 to hear the following items:
Zoning Text Amendment. The Board will review a text amendment to the Zoning Ordinance in 8-3.8.7 Additional Conditions for Certain Uses, Agricultural Implement Sales & Service.
All parties and interested citizens shall have an opportunity to be heard in favor of or in opposition to the foregoing changes. Prior to the hearing, all persons interested may obtain any additional information on the proposal by visiting the Development Services Department, 298 E Depot Street, Mocksville, N.C. between 8:00 a.m. and 5:00 p.m. or by telephone at (336) 753-6050.
Publish: Aug. 24,31
17 SP 4
NOTICE OF
FORECLOSURE SALE
NORTH CAROLINA,
DAVIE COUNTY
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Bouregard Brailsford and Shanetta N. Nichols to Stewart Title Guaranty Co., Trustee(s), dated the 5th day of November, 2004, and recorded in Book 581, Page 361, and Modification in Book 972, Page 28, 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 August 28, 2017 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 an iron located 10’ West of the edge of the pavement of Hwy. 601, being the southeast corner of Vera Mae Housch, DB 48, Pg. 388, and DB 86, Pg. 103; thence with Housch’s southern line North 62 deg. 59 min. 54 sec. West 191.91 feet to an iron in the northwest corner of the herein described tract; thence with a new line for Paul Chunn South 04 deg. 54 min. 47 sec. East 270.96 feet to an iron in the southwest corner of the herein described tract, said iron being located South 64 deg. 50 min. 10 sec. East 229.24 feet from an iron in the southwest corner of the Beulah Chunn Estate DB 61, Pg. 27; thence with the northern line of R&M Woodland Company, LLC, South 64 deg. 50 min. 10 sec. East 188.25 feet to an iron in the southeast corner of the herein described tract, said iron being placed 8’ West of the edge of the pavement of Hwy. 601; thence North 04 deg. 54 min. 47 sec. West 263.85 feet within the right of way margin of Hwy. 601 TO THE POINT AND PLACE OF BEGINNING, containing 1.00 acres, more or less, as surveyed by Grady L. Tutterrow, Professional Land Surveyor, on March 25, 2004, Drawing No. 86404-3. Together with improvements located thereon; said property being located at 3872 US Highway 601, Mocksville, North Carolina.
Subject to a 30’ wide nonexclusive perpetual easement of ingress and egress running along the southern boundary line of the 1.00 acre tract extending from Hwy. 601 to the western boundary line of the above described tract with the southern right of way margin of the easement being more particularly described as follows:
BEGINNING at an iron placed 8’ West of the edge of the pavement of Hwy. 601 and in the northeast corner of R&AM Woodland Company, LLC, DB 508, Pg. 550; thence with the easement’s southern right of way margin North 64 deg. 50 min. 10 sec. West 188.25 feet to an iron in the southwest corner of the above-described 1.00 tract, as set forth on a survey by Grady L. Tutterow, Professional Land Surveyor, dated March 25, 2004, Drawing No. 86404-3.
Subject to easements and restrictions of record.
For back title, see DB 61, Pg 27, Davie County Registry. See Estate of Beulah Elizabeth Chunn (died 8-31-91) in Estate File No. 91-E-167 in the Office of the Clerk of Superior Court in Davie County, North Carolina. See also Tax Map 0-6, part of Parcel 13, located in Jerusalem Township, Davie County, North Carolina.
Being the same property conveyed to Bouregard Brailsford and Shanetta N. Nichols by Deed from Paul Harding Chunn recorded 04/05/04 in Book 545, Page 765 in Davie County Registry, North Carolina.
Being the same property conveyed to George Chunn and wife, Jettie Chunn by Deed from Harding Chunn and wife, Beulah Chunn recorded 06/17/68 in Book 61, Page 27 in Davie County Registry, 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: 1201352 (FC.FAY)
Publish: August 17,24
IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
DAVIE COUNTY
17SP51
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY TANNER LOWE DATED DECEMBER 30, 2009 AND RECORDED IN BOOK 815 AT PAGE 331 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 August 28, 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:
BEGIN AT AN IRON, JONES CORNER ON EAST SIDE OF HIGHWAY 601 RUNS THENCE SOUTH 88° EAST WITH JONES LINE 291 FEET TO AN IRON IN JONES LINE; THENCE SOUTH 4° EAST 150 FEET TO AN IRON; THENCE NORTH 88° WEST 291 FEET TO AN IRON ON EAST SIDE OF SAID HIGHWAY 601; THENCE NORTH 4° WEST WITH SAID HIGHWAY 601, 150 FEET TO THE BEGINNING CONTAINING ONE ACRE, MORE OR LESS.
And Being more commonly known as: 3178 US Highway 601 North, Mocksville, NC 27028
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Tanner Jordan Lowe.
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 June 7, 2017.
Grady I. Ingle
or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
17-090474
Posted: _________
By: _________
Publish: Aug. 17,24
NOTICE OF SALE
OF LAND
UNDER POWER
OF SALE CONTAINED IN DEED OF TRUST
STATE OF NORTH CAROLINA
COUNTY OF DAVIE
2016 SP 27
Under and by virtue of the power of sale contained in: (i) that certain Deed of Trust executed by Boxwood, LLC, dated May 30, 2008, recorded in Book 760, Page 173, Davie County Registry, to Bruce D. Jones, Trustee (R.L. Adams was appointed Substitute Trustee by instrument duly recorded in Book 1037, Page 58, Davie County Registry), (ii) that certain Deed of Trust executed by Boxwood, LLC, dated May 27, 2010, recorded in Book 830, Page 685, Davie County Registry, to Bruce D. Jones, Trustee (R.L. Adams was appointed Substitute Trustee by instrument duly recorded in Book 1037, Page 60, Davie County Registry), (iii) that certain Deed of Trust executed by Boxwood, LLC, dated August 30, 2011, recorded in Book 867, Page 728, Davie County Registry, to Steven W. Jones, Trustee (R.L. Adams was appointed Substitute Trustee by instrument duly recorded in Book 1037, Page 62, Davie County Registry), and (iv) that certain Deed of Trust executed by Boxwood, LLC, dated August 9, 2012, recorded in Book 898, Page 658, Davie County Registry, to Sean M. Phelan, Trustee (R.L. Adams was appointed Substitute Trustee by instrument duly recorded in Book 1037, Page 64, Davie County Registry), default having been made in payment of the obligations secured thereby, and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of Davie County, North Carolina on the 23rd day of March, 2016, the undersigned Substitute Trustee, R.L. Adams (for Substitution of Trustee see Book 1037, Page 58, Book 1037, Page 60, Book 1037, Page 62, Book 1037, Page 64, Davie County Registry), will offer for sale to the highest bidder for cash at public auction at the courthouse door at the DAVIE COUNTY COURTHOUSE, 140 SOUTH MAIN STREET, MOCKSVILLE, NORTH CAROLINA 27028, ON THE 29th DAY OF AUGUST, 2017 AT 2:00 PM., the land (and all improvements located thereon, and all equipment, fixtures, and other articles of personal property owned by Boxwood, LLC, if any) in Davie County, State of North Carolina, described as follows:
BEING KNOWN and designated as Tract Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 9, of a Map of Boxwood Lodge Estates as set forth in Plat Book 7, Pages 220 and 221, Davie County Registry, to which reference is hereby made for a more particular description.
SUBJECT TO the right of way of U.S. Highway 601 and S.R. 1826 (Becktown Road) and any other easements and restrictions of record.
FOR BACK TITLE, see Deed Book 123, Page 181; Deed Book 123, Page 176; Deed Book 102, page 232; Deed Book 100, page 151, Deed Book 75, Page 85; Deed Book 69, page 562; Deed Book 65, Page 94; and Deed Book 65, Page 84, Davie County Registry. See the Estate of Roy C. Hoffner in estate file 94-E-10 in the Office of the Clerk of Superior Court in Davie County, North Carolina. See also Tax Map N-6, Parcel 1, located in Jerusalem Township, Davie County, North Carolina.
The Sale will be made subject to all taxes and special assessments, prior liens, if any, rights-of-way, easements, and restrictive covenants of record affecting the title. 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 North Carolina General Statute Section 7A-308(a)(1).
This sale will be held open ten (10) days for upset bids as required by law.
The property to be offered pursuant to this notice of sale is being offered for sale, transfer or 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 physical, environmental, health or safety conditions existing in, on, at or relating to any such condition expressly are disclaimed.
The record owner of the above-described real property as reflected on the records of the Davie County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Boxwood, LLC.
The obligations secured by said Deeds of Trust may be combined and said Property sold once to satisfy the combined obligations pursuant to N.C. Gen. Stat. § 45-21.9A.
The highest bidder may be required immediately to deposit cash or a certified check in an amount not to exceed the greater of five percent (5%) of the amount bid or seven hundred fifty dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid a provided for in North Carolina General Statute Section 45-21.30(d) and (e).
If the Trustee is unable to convey title to the property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale. If the validity of the sale is challenged by any party, the Trustee, in his sole discretion, if he believes the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser shall have no further remedy.
This 28th day of July, 2017.
/s/ R.L. Adams
R.L. Adams,
Substitute Trustee
333 Fayetteville, Suite 1201
Raleigh, North Carolina 27601
(919) 270-7672
rl@rladams.com
Publish: Aug. 17,24
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of AARON RANSOM YORK, III, 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 17, 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 3rd day of August, 2017.
AARON RANSOM YORK, IV
333 Deadmon Road
Mocksville, NC 27028
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish: Aug. 17,24,31; Sept. 7
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executrix of the Estate of CAROLINE L. RIDGE, late of Davie County, NC, 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 17, 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 17th day of August, 2017.
JANET KAY RIDGE
788 North Main Street
Mocksville, NC 27028
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish: Aug. 17,24,31; Sept.7
NORTH CAROLINA
DAVIE COUNTY
NOTICE OF
FORECLOSURE SALE
17 SP 79
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Richard K. Hughes, Jr. and Debra D. Hughes, (Richard K. Hughes, Jr., deceased) to Thomas E. Muse, Trustee(s), dated the 28th day of July, 1992, and recorded in Book 185, Page 171, and Modification in Book 1006, Page 844, 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 August 28, 2017 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:
BEING KNOWN and designated as Lot No. 17 of FOXMEADOW SUBDIVISION as the same appears on a plat thereof recorded in Map Book 4 at page 134, Davie County Registry, to which reference is made for a more particular description as if fully set forth herein. Together with improvements located thereon; said property being located at 210 Little John Drive, Advance, North Carolina.
This conveyance is subject to all reservations, restrictions and easements of record and specifically to those RESTRICTIVE COVENANTS recorded in Deed Book 91, page 702, Davie County Registry.
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: 1214809 (FC.FAY)
PUBLISH: Aug. 17,24
NORTH CAROLINA
DAVIE COUNTY
IN THE GENERAL COURT
OF JUSTICE
DISTRICT COURT DIVISION
17 CVD 195
NOTICE OF SERVICE
OF PROCESS
BY PUBLICATION
THE CHARLOTTE-MECKLENBURG HOSPITAL AUTHORITY D/B/A CAROLINAS HEALTHCARE SYSTEM,
Plaintiff,
v.
WESLEY LIVENGOOD
AKA WESLEY A. LIVENGOOD
Defendant.
To: Wesley Livengood
aka Wesley A. Livengood,
the above named defendant:
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: The Plaintiff Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas Healthcare System has filed a complaint seeking damages for money owed.
You are sought to make defense to such pleading not later than forty (40) days after August 10, 2017, (exclusive of said date) and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.
This 10th day of August, 2017.
ROBERT G. McINTOSH
THE McINTOSH LAW FIRM
Attorney for the Plaintiff
PO Box 2270
Davidson, North Carolina
28036-2270
Telephone: 704-892-1699
Fax Number: 704-892-8664
Email: Bob@McIntoshLawFirm.Com
NC Bar No.: 14239
Publish: Aug.10,17,24