Legal Notices for Week of Sept. 7, 2017
Published 9:42 am Thursday, September 7, 2017
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 September 18, 2017 at 6:00 p.m. to hear the following request:
Samantha Vannoy has applied for a Variance to the front yard setbacks in the Residential-Agricultural (R-A) zoning district pursuant to §155.140(B) of the Davie County Zoning Ordinance. The subject property is located at 156 Highland Road Mocksville, NC 27028 and is further described as Parcel of the Davie County Tax Map D3010A0017.
The Farmington Community Association has applied to amend a Special Use Permit for a Private Recreation Facility in the Residential-Agricultural (R-A), Residential-20 (R-20), and Residential-12 (R-12) zoning districts as shown in §155.125 of the Davie County Zoning Ordinance. The subject property is located at 1723 Farmington Road Mocksville NC 27028 and is further described as Parcel of the Davie County Tax Map D500000094.
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 & Facilities 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: Sept. 7,14
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 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
NORTH CAROLINA
DAVIE COUNTY
PUBLIC ADMINISTRATOR’S
NOTICE
Having qualified as Public Administrator of the Estate of LINDA ELIZABETH DRIVER CARTER, 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 December 8, 2017, or this Notice will be pleaded in bar of their right to recover against the estate of the said deceased. All persons indebted to said estate will please make immediate payment.
This the 31st day of August, 2017.
Bryan C. Thompson,
Public Administrator of the Estate of Linda Elizabeth Driver Carter
SURRATT & THOMPSON, PLLC
100 N. Main Street, Suite 2425
Winston-Salem, NC 27101
(336) 725-8323
Publish: Aug. 31; Sept. 7,14,21
NORTH CAROLINA
DAVIE COUNTY
PUBLIC ADMINISTRATOR’S
NOTICE
Having qualified as Public Administrator of the Estate of ROSA PHELPS MAYS, 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 December 8, 2017, or this Notice will be pleaded in bar of their right to recover against the estate of the said deceased. All persons indebted to said estate will please make immediate payment.
This the 31st day of August, 2017.
Bryan C. Thompson
Public Administrator of the Estate of Rosa Phelps Mays
SURRATT & THOMPSON, PLLC
100 N. Main Street, Suite 2425
Winston-Salem, NC 27101
(336) 725-8323
Publish: Aug. 31; Sept. 7,14,21
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of PHILLIP HAINES PLYLER, JR., 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 December 8, 2017, or this Notice will be pleaded in bar of their right to recover against the estate of the said deceased. All persons indebted to said estate will please make immediate payment.
This the 31st day of August, 2017.
Wayne J. Stoneman,
Executor of the Estate
292 Jesse King Road
Advance, NC 27006
Publish: Aug. 31; Sept. 7,14,21
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of MARIE BRYANT BALL, 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 December 8, 2017, or this Notice will be pleaded in bar of their right to recover against the estate of the said deceased. All persons indebted to said estate will please make immediate payment.
This the 31st day of August, 2017.
Martha B. Warner
Executor of the Estate
163 Bonkin Lake Road
Mocksville, NC 27028
Publish: Aug. 31; Sept. 7,14,21
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of WALTER OTTO NEUMANN, 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 Administrator, undersigned, on or before December 1, 2017, or this Notice will be pleaded in bar of their right to recover against the estate of the said deceased. All persons indebted to said estate will please make immediate payment.
This the 31st day of August, 2017.
Bernhard A. Neumann,
Administrator of the Estate
Jeanna S. Shelton, Attorney
239 E. Broad Street
Statesville NC 28677
704.873.7233
Publish: Aug. 31; Sept. 7,14,21
NORTH CAROLINA
DAVIE COUNTY
LIMITED PERSONAL
REPRESENTATIVE’S NOTICE
Having qualified as Limited Personal Representative of the Estate of Annie Luper Howard, a/k/a Annie L. Howard; Annie Ruth Howard and Annie Ruth Luper Howard, 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 P.O. Box 2316, Banner Elk, NC 28604, on or before the 1st day of December, 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 31st day of August, 2017
George Alvin Howard,
Limited Personal
Representative of the Estate
of Annie Luper Howard
Submit payments to:
W. McNair Tornow, Esq.
P.O. Box 2316
Banner, Elk, NC 28604
Publish: Aug. 31; Sept. 7,14,21
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of Joe R. Hoover, 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 December 29, 2017, or this Notice will be pleaded in bar of their right to recover against the estate of the said deceased. All persons indebted to said estate will please make immediate payment.
This the 31st day of August, 2017.
Helen Lynn Yokley
Executor of the Estate
of Joe R. Hoover
c/o Brandy E. Koontz
Attorney for Helen Lynn Yokley
181 South Main Street
Mocksville, NC 27028
Publish: Aug. 31; Sept. 7,14,21
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of FRANKLIN D. HAYES, 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 December 1, 2017, or this Notice will be pleaded in bar of their right to recover against the estate of the said deceased. All persons indebted to said estate will please make immediate payment.
This the 31st day of August, 2017.
Franklin Dale Hayes,
Administrator of the Estate
of Franklin D. Hayes
7012 Bridgewood Road
Clemmons, NC 27012
Publish: Aug. 31; Sept. 7,14,21
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor of the ESTATE OF THOMAS GARDNER GIDLEY, late of Advance, Davie County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of the said decedent to exhibit them to the undersigned at the offices of BELL, DAVIS & PITT, P.A., P.O. Box 21029, Winston-Salem, North Carolina 27120-1029 on or before December 7, 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 7th day of September, 2017.
Signed,
Margaret Gary Gidley Ritz,
Executor
BELL, DAVIS & PITT, P.A.
100 N. Cherry Street, Suite 600
Winston-Salem, NC 27101
P. O. Box 21029
Winston-Salem, NC 27120-1029
Publish: Sept. 7,14,21,28
NORTH CAROLINA
DAVIE COUNTY
NOTICE
PUBLIC SALE: Mocksville Mini Storage intends to sell the contents of the following units in an attempt to collect unpaid rent and expenses:
#423, Latanya Woods
#196, Damaris Didenko
#97, Teresa Phillips
#297 & #311, David Fennell
#352, Alan Hess
#439, Wesley Shoaf
#330 Kailynn Waycaster
Household items.
No personal checks accepted.
PUBLIC SALE DATE:
September 22, 2017
AT 1:00 P.M.
124 Eaton Road, Mocksville
(336) 751-2483
Publish: Sept. 7,14
NORTH CAROLINA
DAVIE COUNTY
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 16-CVS-544
NOTICE OF
PUBLIC SALE
PAUL E. FOSTER,
Plaintiff,
Vs.
BRYAN THOMPSON,
Administrator of the Estate of
LETHA HOLLOWAY KLUTTZ,
Defendant.
By authority contained in the certain Purchase Money Deed of Trust executed by LETHA HOLLOWAY KLUTTZ, as recorded in Book 643 , Page 541, Davie County Registry; default having been made in payment of the indebtedness thereby secured; and of the necessary findings to permit foreclosure having been made by the Davie County Superior Court pursuant to the Order Authorizing Judicial Foreclosure and Sale of Real Property entered and filed on July 27, 2017; the undersigned Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said Purchase Money Deed of Trust, the same lying and being in the County of Davie and the State of North Carolina, and more particularly described as follows:
Lot #3 of Subdivision G of the R. C. Foster Estate as set forth in Plat Book 5, Page 57 of the Davie County Registry as recorded in Book 645, Page 539 of the Davie County Registry
PROPERTY ADDRESS/
LOCATION:
132 Marklin Avenue,
Mocksville, NC 27028
DATE OF SALE: Sept. 21, 2017
TIME OF SALE: 11:00 A.M.
LOCATION OF SALE:
Davie County Courthouse
RECORD OWNER:
Letha Holloway Kluttz
TERMS OF SALE:
(1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right- of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal liens with respect to which proper notice was not given to the Internal Revenue Service; (d) federal tax liens to which proper notice as given to the Internal Revenue Service and to which the right of redemption applies; (e) the provisions of the Order entered by the Court on December 16, 2013 ; and (f) the confirmation of the sale by the Court pursuant to the provisions of G.S. § 1- 339-28.
(2) The property is being sold “as is.” Neither the beneficiary of the Deeds of Trust, nor the undersigned Trustee, make any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Trustee makes no title warranties with respect to the title of the property.
(3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale.
(4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset period.
(5) This foreclosure sale is subject to upset bids pursuant to the provisions of G.S.. §1 -339-25.
(6) This foreclosure sale is subject to judicial confirmation following the expiration of the applicable ten (10) day upset period pursuant to the provisions of G.S. §1-339-28.
This 1st day of September, 2017
HENRY P. VAN HOY, II
TRUSTEE
TEN COURT SQUARE
MOCKSVILLE, NC 27028
(704) 751-2171
Publish: Sept. 7,14
NOTICE OF SERVICE
OF PROCESS
BY PUBLICATION
STATE OF NORTH CAROLINA
DAVIE COUNTY
In the General Court of Justice
District Court Division
(File No. not assigned yet)
ANA JULIA JIMENEZ RAMOS,
Plaintiff
Vs.
JUAN EVANGELISTA RAMOS,
Defendant
TO: Juan Evangelista Ramos:
Take notice that a pleading seeking relief against you has been filed in the above-entitled proceeding. The nature of the relief being sought is as follows:
That Ana Julia Jimenez Ramos, plaintiff, be granted an absolute divorce on the grounds of one year’s separation and that the bonds of matrimony be wholly dissolved.
You are required to make defense to such pleading not later than the 17th day of October, 2017 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This the 31st day of August, 2017.
THE LAW OFFICES
OF CARLOS E. JANE’
Carlos E. Jane’
(N.C. S.B. No. 24319)
Attorney for Plaintiff
129 East Depot St., Suite 101
Mocksville, NC 27028
Publish: Sept. 7,14,21
17 SP 90
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 Amber J. Lookabill and Justin W. Lookabill to Eric Moser, Trustee(s), which was dated November 8, 2007 and recorded on November 9, 2007 in Book 736 at Page 32, 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 September 18, 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 LOT NO. 31 AS APPEARS FROM A PLAT OF THE SHEFFIELD PARK SUBDIVISION RECORDED IN PLAT BOOK 4, PAGE 98, DAVIE COUNTY REGISTRY, TO WHICH SAID PLAT REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAID LOT.
SAVE AND EXCEPT FROM THE ABOVE THE FOLLOWING DESCRIBED PORTION THEREOF:
BEGINNING AT A POINT, THE NORTHWESTERMOST CORNER OF SAID LOT NO. 31 AT ITS INTERSECTION WITH LOT NO. 32 AS APPEARS FROM PLAT OF SHEFFIELD PARK SUBDIVISION RECORDED IN PLAT BOOK 4, PAGE 98, DAVIE COUNTY REGISTRY, RUNS THENCE SOUTH 22 DEG. 46 MIN. EAST 142 FEET TO A POINT; THENCE SOUTH 33 DEG. 59 MIN. EAST 108.53 FEET TO A POINT, COMMON CORNER OF SAID LOT NO. 31 AND NO. 32; THENCE WITH LOT NO. 32 NORTH 17 DEG. 38 MIN. WEST 248.86 FEET TO THE BEGINNING AND BEING THE IDENTICAL PROPERTY DESCRIBED IN DEED TO JAMES R. MARTIN ET UX BOOK 91, PAGE 904, DAVIE COUNTY REGISTRY.
BEING THE SAME FEE SIMPLE PROPERTY CONVEYED BY GENERAL WARRANTY DEED FROM THOMAS E. LOWE, JR. DIVORCED TO JUSTIN W. LOOKABILL and AMBER J. LOOKABILL HUSBAND AND WIFE, DATED 10/31/2006 RECORDED ON 11/09/2006 IN BOOK 687, PAGE 548 IN DAVIE COUNTY RECORDS, STATE OF NC.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 124 Center Circle, 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 Justin W. Lookabill and Amber J. Lookabill.
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.: 17-08495-FC01
Publish: Sept.7,14
IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
DIVISION
DAVIE COUNTY
17SP94
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DARLENE C. PHIBBS DATED SEPTEMBER 25, 2009 AND RECORDED IN BOOK 807 AT PAGE 738 AND MODIFIED BY AGREEMENT RECORDED ON NOVEMBER 30, 2015 AT BOOK 1006, PAGE 133 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 September 18, 2017 the following described real estate and any other improvements which may be situated thereon, in Davie County, North Carolina, and being more particularly described as follows:
BEING that 1.009 acre tract of land, a part of Tax Lot 89 / Map C-7, as described more fully on that plat entitled JERRY L. PHIBBS & DARLENE C. PHIBBS, which plat is recorded in Plat Book 8, Page 356, in the Office of the Register of Deeds of Davie County, North Carolina, reference to which is hereby made for a more particular description.
Together with and subject to all easements and restrictions of record, if any.
And Being more commonly known as: 369 Woodlee Dr, Advance, NC 27006
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Darlene Cope Phibbs.
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 August 28, 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/
17-093188
Posted: __________
By: __________
Publish: Sept. 7,14
IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
DIVISION
DAVIE COUNTY
16SP185
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY TOMASZ LIPNICKI AND AGNIESZKA LIPNICKI DATED JULY 26, 2007 AND RECORDED IN BOOK 723 AT PAGE 979 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 12:30PM on September 11, 2017 the following described real estate and any other improvements which may be situated thereon, in Davie County, North Carolina, and being more particularly described as follows:
BEING KNOWN and designated as Lots 10, 11, 12,13 and 14, of Block B, Section 1, of Edgewood Development, as set forth in Plat Book 4, page 30, Davie County Registry, to which reference is hereby made for a more particular description.
SUBJECT TO Restrictive Covenants in DB 72, PG 111, Davie County Registry, and any easements and restrictions of record.
FOR BACK TITLE, see DB 135, PG 714 and DB 72, PG 111; Davie County Registry. See also Tax Map M-5-7, Blk A, Pcl 24, located in Jerusalem Township, Davie County, North Carolina.
And Being more commonly known as: 171 Edgewood Cir, Mocksville, NC 27028
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Tomasz Lipnicki and Agnieszka Lipnicki.
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 August 21, 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/
16-082174
Posted: _________
By: _________
Publish: Aug. 31, Sept. 7
IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
DIVISION
DAVIE COUNTY
17SP95
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JERRY FORTNER II AND PAULA FORTNER DATED MARCH 21, 2003 AND RECORDED IN BOOK 473 AT PAGE 006 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 12:30PM on September 11, 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:
Lying and being in Jerusalem Township, Davie County, North Carolina and BEGINNING at an existing iron pipe said existing iron pipe being located 2 feet South of the edge of the pavement of Legion Hut Road (SR 1123); thence South 06 degrees 03 minutes 05 seconds West 217.63 feet to an existing iron pipe; thence North 84 degrees 02 minutes 50 seconds West 180.12 feet to an existing iron pipe; thence North 04 degrees 23 minutes 50 seconds West 221.18 feet to an existing iron pipe located 0.5 inches South of edge of pavement of said road; thence South 84 degrees 03 minutes 3 5 seconds East 220.23 feet to the point and place of beginning and containing 1.000 acres as surveyed by C. Ray Cates, April 21, 1997, a copy of which is attached hereto for a more particular description.
And Being more commonly known as: 136 Legion Hut Rd, Mocksville, NC 27028
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Jerry J. Fortner, II and Paula Correll Fortner.
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 August 21, 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/
17-088633
Posted: _________
By: _________
Publish: Aug. 31, Sept. 7
IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
DIVISION
DAVIE COUNTY
17SP82
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WAYNE MARTIN DRAUGHN, JR. AND PATRICIA H. DRAUGHN DATED JUNE 27, 2006 AND RECORDED IN BOOK 672 AT PAGE 364 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 10:00AM on September 13, 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:
Beginning at a railroad spike in the center of SR #1313, northwest corner of Ricky L. Draughn (Deed Book 150, Page 579) and following SR #1313 the following courses and distances: North 29 degs 57 min 23 sec West 39.99 feet to a point; thence North 33 degs 18 min 44 sec. West 53.54 feet to a railroad spike, southernmost point of the tract of Wayne H. Draughn (Deed Book 132, Page 250); thence leaving SR #1313 and traveling North 61 degs. 21 min. 05 sec. East 220.00 feet to a pin; thence North 61 deg. 21 min. 05 sec. East 156.34 feet to a nail; thence North 61 degs 21 min 05 sec East 58.65 feet to a nail; thence South 36 degs 23 min. 13 sec. East 305.07 feet to a nail; thence South 85 degs 17 min. 02 sec West 515.08 feet to the point and place of beginning and containing 2.000 acres, more or less.
And Being more commonly known as: 394 Calahaln Rd, Mocksville, NC 27028
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Wayne Martin Draughn, Jr. and Patricia H. Draughn.
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 August 23, 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/
10-000928
Posted: ________
By: ________
Publish: Aug. 31, Sept. 7