17 SP 72

NOTICE OF

FORECLOSURE SALE

NORTH CAROLINA,

DAVIE COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by David Anthony Mitchell a/k/a David A. Mitchell and Tammy H. Mitchell to Andrew White Esq. PLLC, Trustee(s), which was dated July 30, 2004 and recorded on August 2, 2004 in Book 563 at Page 981, Davie County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on December 4, 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:

Lying and being in Mocksville Township, Davie County, North Carolina and beginning at an existing iron pin, said existing iron pin being the Northernmost corner of James R. McClamrock Deed Book 124, Page 317 and Deed Book 107, Page 629 and being the Northeastern most corner of the within described property, thence with said McClamrock line South 52 degrees, 20 minutes, 42 seconds West 149.98 feet to an existing iron pin, said existing iron pin being located in the Northeastern line of Minnie K. Smoot Deed Book 162, Page 82, thence with said Smoot line North 40 degrees, 02 minutes, 00 seconds West 86.38 feet to an existing iron pin, said existing iron pin being located in the Northeastern line of Robert Lee Seaford Deed Book 95, Page 421 and being the Southernmost corner of Synda C. Sanford Deed Book 160, Page 568, thence with said Sanford line North 50 degrees, 54 minutes, 43 seconds East 149.92 feet to an existing iron pin, said existing iron pin being located in the Southern right of way of Gwyn Street, thence South 40 degrees, 00 minutes, 00 seconds East 90.13 feet to the POINT AND PLACE OF BEGINNING and containing 0.304 acres as surveyed by Grady L. Tutterow August 18, 1992 and being further described as Lot No. 1 of Subdivision “A” of the said R. C. Foster Estate Subdivision as per plat recorded in Map Book 5, Page 47 Davie County Registry and as set forth in Deed Book 119, Page 115 Davie County Registry.

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

Said property is commonly known as 330 Gwyn Street, Mocksville, NC 27028.

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are David A. Mitchell a/k/a David Anthony Mitchell.

An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.  Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2)]. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Trustee Services

of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive

Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 14-12128-FC02

PUBLISH: Dec. 28, Jan. 4

17 SP 89

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 Michael B. White and Jennifer G. White to Rhonda Puckett, Trustee(s), which was dated March 31, 2006 and recorded on March 31, 2006 in Book 655 at Page 739, 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 8, 2018 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Davie County, North Carolina, to wit:

ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN JERUSALEM TOWNSHIP, DAVIE COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING LOT NO. 175 AS SHOWN ON A PLAT ENTITLED “A SUBDIVISION FOR ERWIN MILLS, INC., COOLEEMEE, N.C.” BY PICKELL AND PICKELL, ENGINEERS, DATED April 1953, AND RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR DAVIE COUNTY, NORTH CAROLINA, IN PLAT BOOK 3, AT PAGES 11, 12, 13 AND 14, TO WHICH REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION.

FOR RESTRICTIVE COVENANTS SEE DEED FROM ERWIN MILLS, INC. TO BAXTER A. BOGER AND WIFE, RUBY S. BOGER DATED June 29, 1953, AND RECORDED IN BOOK 55, PAGE 292.

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

Said property is commonly known as 250 Duke Street, Cooleemee, NC 27043.

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 Michael B. White and wife, Jennifer G. White.

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.: 17-08744-FC01

PUBLISH: Dec. 28, Jan. 4

NOTICE OF SERVICE

OF PROCESS

BY PUBLICATION

IN THE GENERAL COURT

OF JUSTICE

DISTRICT COURT DIVISION

FILE NO. 17 CvD 205

NORTH CAROLINA

DAVIE COUNTY

Davie County, A Body Politic and Corporate vs. Unknown Heirs at Law of Daisie Martin, a/k/a Daisie Marlin, Unknown Heirs at Law of Susie Wharton, a/k/a Susie Cutherell Wharton, Unknown Heirs at Law of Monroe C. Wharton, Unknown Heirs at Law of Paul Martin, Unknown heirs at law of Essie Eaton

TO: Unknown Heirs at Law of Daisie Martin, a/k/a Daisie Marlin, Unknown Heirs at Law of Susie Wharton, a/k/a Susie Cutherell Wharton, Unknown Heirs at Law of Monroe C. Wharton, Unknown Heirs at Law of Paul Martin, Unknown heirs at law of Essie Eaton

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 a stone 10 feet from Frank Long’s Northeast corner, and running East 3.17 chains to a stone; thence South 6.34 chains to a stone; thence West 3.17 chains to a stone at edge of road; thence North 6.34 chains to the beginning, containing 2 acres, more or less.

Being all of that parcel described in a deed recorded in Book 29, Page 486.

Also being identified as Parcel ID# B5 000 000 29, Davie County Tax Office. Address: Pineville Road, Mocksville.

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 February 7, 2018 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 December 14, 2017.

Richard J. Kania

Attorney for Plaintiff

600-A Centrepark Drive

Asheville, North Carolina 28805

(828) 252-8010

Publish on Dec. 28, Jan.4,11

NOTICE OF

PUBLIC HEARING

BEFORE THE BOARD OF COUNTY COMMISSIONERS

Proposed System

Development Fee

Notice is hereby given that the Davie County Board of Commissioners will hold a public hearing at 6:00 p.m., Tuesday, January, 2, 2018 in the Commissioners’ Meeting Room, Davie County Administration Building, 123 South Main Street, Mocksville, NC. The purpose of the hearing is to receive public comment on a proposed change to the Eastern Davie Sewer District system Development Fee.

A copy of the proposed system development is on file in the office of Ms. Stacy Moyer, Davie County Clerk to the Board, 2nd Floor (Room 253), Davie County Administration Building, 123 South Main Street, Mocksville, NC and on the Davie County website at; www.daviecountync.gov.

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 Public Utilities Department weekdays between 8:30 a.m. and 5:00 p.m. Monday through Friday, or by telephone at (336) 753-6090.

Stacy Moyer

Clerk to the Board

Davie County Board

of Commissioners

Publish: Dec. 21,28

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executor lor the Estate of GLADYS REID MATTHEWS, late of Davie County, North Carolina, this is to notify all persons having claims against the estate of said decedent to present them to the undersigned at the office of the attorney set forth below, on or before March 7, 2018, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

This the 7th day of December, 2017.

Robert A. Matthews,

Executor for the Estate

940 Reynolds Road

Lewisville, NC 27023

Publish: Dec.7,14,21,28

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executor lor the Estate of ERIC DEAN FORTUNE, (a/k/a Eric Dean Fortune, Sr.; a/k/a Eric Fortune), late of Davie County, North Carolina, this is to notify all persons having claims against the estate of said decedent to present them to the undersigned at the office of the attorney set forth below, on or before March 21, 2018, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

This the 14th day of December, 2017.

Barry D. Fortune

Executor for the Estate

201 Neely Street

Mocksville, NC 27028

Submit claims or payments to:

Renita Thompkins Linville,

Attorney for the Estate

205 W. Third St.

Winston-Salem, NC 27101

336-725-0998

Publish: Dec.14,21,28; Jan. 4

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executrix lor the Estate of GEORGE B. PARKER, deceased, late of Davie County, North Carolina, this is to notify all persons having claims against the estate of said decedent to present them to the undersigned at the office of the attorney set forth below, on or before March 21, 2018, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

This the 14th day of December, 2017.

Terri Jones

Executrix for the Estate

3807 Brookdale Drive

Clemmons, NC 27012

Publish: Dec.14,21,28; Jan. 4

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

PUBLIC ADMINISTRATOR’S

NOTICE

Having qualified as Public Administrator of the Estate of Robert Dwayne Cline, Deceased, late of Davie County, North Carolina, this is to notify all persons having claims against the estate of the deceased to exhibit them to the undersigned on or before March 21, 2018, or this Notice will be pleaded in bar of their right to recover against the estate of the said deceased. All persons indebted to said estate will please make immediate payment.

This the 14th day of December, 2017.

Bryan C. Thompson

Public Administrator

of the Estate of

Robert Dwayne Cline

SURRATT & THOMPSON, PLLC

210 South Cherry Street

Winston-Salem, NC 27101

(336) 725-8323

Publish: Dec.14,21,28; Jan. 4

NORTH CAROLINA

DAVIE COUNTY

IN THE GENERAL COURT

OF JUSTICE

DISTRICT COURT DIVISION

FILE NO.: 17 J 51

NOTICE OF SERVICE

OF PROCESS

BY PUBLICATION

IN RE: FOSTER,

a minor child

TO: JOSEPH SCOTT FOSTER

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:

In the Matter of a female juvenile born on or about January 12, 2011, in Iredell County, North Carolina. The child currently resides in Davie County, North Carolina: the following relief: termination of parental rights.

You are required to make defense to such pleading no later than the 15th day of January, 2018, said date being thirty (30) days from the first publication of this notice, and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.
This the 5th day of December, 2017.

MARTIN & VAN HOY, LLP

BY:

SALLY W. STROHACKER

Attorney For Petitioners

TEN COURT SQUARE

MOCKSVILLE, NC 27028

(336) 751-2171

Publish: Dec. 14,21,28

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of THELMA MAY LARSON, Deceased, late of Davie County, North Carolina, this is to notify all persons having claims against the estate of the deceased to exhibit them to the undersigned on or before March 21, 2018, or this Notice will be pleaded in bar of their right to recover against the estate of the said deceased. All persons indebted to said estate will please make immediate payment.

This the 14th day of December, 2017.

Debra Lee Groce,

Executrix of the Estate

of Thelma May Larson

601 Liberty Church Road

Mocksville, NC 27028

Publish: Dec.14,21,28; Jan. 4

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of NELDA C. BROWN, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before March 28, 2018, (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 19th day of December, 2017.

LLOYD H. BROWN, JR.

780 Cana Road

Mocksville, NC 27028

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Dec.28; Jan. 4,11,18

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

HAVING QUALIFIED as Executrix of the Estate of PEGGY CUNNINGHAM, 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 28, 2018, (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, 2017.

Lucinda Meeker,

Executrix

1035 Eatons Church Road,

Mocksville, NC 27028

Publish: Dec.28; Jan. 4,11,1______________________________

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