Legal Notices for Week of Jan. 18, 2018
Published 9:57 am Friday, January 19, 2018
NORTH CAROLINA
DAVIE COUNTY
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO.: 16-CVS-516
AMENDED NOTICE OF FORECLOSURE SALE CIPRIANO M. CHIQUITO and wife, APOLINAR MENDEZ
Plaintiffs,
Vs.
JOSE ALEJANDRO EXIGA BELTRAN, Defendant.
By authority contained in the certain Deed of Trust executed by JOSE ALEJANDRO EXIGA BELTRAN (Single) to TAMARA A. FLEMING, Trustee for CIPRIANO M. CHIQUITO and wife, APOLINAR MENDEZ, as recorded in Book 997, Page 149, Davie County Public Registry, and the undersigned being substituted as Trustee in Book 1030, Page 512, Davie County Registry; the record owner of the property described in the said Deed of Trust being JOSE ALEJANDRO EXIGA BELTRAN, default having been made in payment of the Note secured by said Deed of Trust; the said Deed of Trust being by the terms thereof subject to foreclosure; the present owner and holder of the Note having demanded foreclosure for the purpose of satisfying said debt; and at the request of the owner and holder of the Note secured by the aforementioned Deed of Trust, CHAD C. FREEMAN, Substitute Trustee, will offer for sale to the highest bidder at public auction at the courthouse door of the Davie County Courthouse, 140 South Main Street, Mocksville, North Carolina, on January 26, 2018, at 10:00 am, the real estate located in the County of Davie, being more particularly described in Exhibit “A”
The sale shall be made subject to any and all taxes including taxes which are a lien against the property though not yet due or payable, and any special assessments, easements, rights of way, restrictions of record, and prior deeds of trust. The sale shall be made without warranty of any kind, including any warranty as to the physical or environmental condition of the real estate sold.
An order for possession of the property may be issued pursuant to G.S. Sec. 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 upon 10 days’ written notice to the landlord. 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.
The highest bidder at the sale may be required to make deposit by cash or check of up to five (5%) percent of the bid, or $750.00, whichever is greater, at the time the bid is accepted, and the remaining balance upon confirmation of the sale. In addition to the purchase price, the highest bidder will be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee after the date of the sale.
The sale will be reported to the Court and will remain open for advance or upset bids for a period of ten (10) days. If no advance or upset bids are filed with the Clerk of Court, the sale will be confirmed.
This the 7th day of December, 2017.
Chad C. Freeman
Substitute Trustee
26 Court Square
Mocksville, NC 27028-2415
Phone: (336) 751-2918
EXHIBIT A
BEGIN at persimmon in Garwood line runs North 80 East 5.43 chs. to a stake; thence South 6 West 1.25 chs. to a stake; thence South 80 West 5.00 chs. to a stone, Garwood corner; thence North with Garwood line 1.25 chs. to the BEGINNING, containing 65/100 of an acre, more or less.
SUBJECT TO easements and restriction of record.
FOR BACK TITLE, see DB 997, PG 146, and DB 987, PG 63, Davie County Registry. See also Tax Map M-4-13, Blk A, Pcl 32, located in Jerusalem Township, Davie County, North Carolina.
PROPERTY ADDRESS: 166 Clark Rd, Mocksville, NC 27028
Publish: Jan. 18,25
STATE OF NORTH CAROLINA
COUNTY OF DAVIE
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
17 SP 104
NOTICE OF
FORECLOSURE SALE
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM MARSHALL LEE RIVERS, to JAMES T. LEE, Trustee, DATED SEPTEMBER 27, 1999 and RECORDED SEPTEMBER 30, 1999 in BOOK 315, PAGE 501 of the DAVIE COUNTY REGISTRY
Pursuant to an order entered November 21, 2017, in the Superior Court for Davie County, and the power of sale contained in the captioned Deed of Trust (the “Deed of Trust”), the undersigned Trustee will offer for sale at auction (the “Sale”), to the highest bidder for cash,
DAVIE COUNTY
COURTHOUSE
140 South Main Street,
Mocksville, North Carolina
ON JANUARY 29, 2018
AT 10:00 O’CLOCK A.M.
the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the Deed of Trust prior to the date of said sale, lying and being in Davie County, North Carolina, and being more particularly described as follows (the “Property”):
BEGINNING at an iron in the Eastern margin of Pine Street, Northwest corner of Dewey Parks (Deed Book 138, Page 529) and runs thence North 07 degs. 17 min. 35 sec. East passing through an iron at 85.09 feet for a total distance of 87.55 feet to a railroad spike; thence with the line of Thomas O. Campbell (Deed Book 117, page 707) South 76 degs. 13 min. East 209.77 feet to an iron, Campbell Southeast corner on Anderson line; thence with Anderson line South 06 degs. 51 min. West 69.08 feet to an iron, Parks Northeast corner; thence with Parks line North 81 degs. 16 min. 14 sec. West 209.02 feet TO THE BEGINNING as surveyed August 12, 1993 by C. Ray Cates and being lands described by Deed Book 149, page 491, Davie County Registry and further designated as parcel 4.01 Map I5-16B.
In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.
A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed.
This sale will be made subject to all prior liens of record, if any, and to all unpaid (ad valorem) taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.
The purchaser of the property described above shall pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A-308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.
To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following:
(a) An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and
(b) 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 upon 10 days’ written notice to the landlord. 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.
This the 21st day of November, 2017.
John W. Fletcher III,
Substitute Trustee
North Carolina State
Bar No.: 15503
Henderson, Nystrom, Fletcher
& Tydings, P.L.L.C.
831 East Morehead Street, Suite 255
Charlotte, North Carolina 28202
Telephone: (704) 334-3400
jfletcher@hnftlaw.com
Publish on Jan.18,25
16 SP 45
AMENDED 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 Laura Darcy and Brian Darcy to Millard S. Rubenstein, Trustee(s), which was dated January 19, 2006 and recorded on March 13, 2006 in Book 652 at Page 886 and rerecorded/modified/corrected on May 8, 2008 in Book 757, Page 375 and rerecorded/modified/corrected on July 22, 2013 in Book 933, Page 051, 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 22, 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 the Mocksville Township, Davie County, North Carolina and more particularly described as follows:
Beginning at a p.k. nail found in a walkway along Salisbury Street, said p.k. nail being the Northwest corner of the within-described tract, the Southwest corner of Peggy L. Nail (DB 111, Page 830); thence with the Nail line South 80 deg. 5’ 15” East 260.17 feet to a tall iron, Southeast corner of Peggy L. Nail (DB 111, Page 830); thence continuing South 80 deg. 5’ 15” East 10.60 feet to a new iron; thence South 6 deg. 31’ 25” West 148.57 feet to an iron; thence South 77 deg. 43’ 15” East 90.33 feet to an iron, Southeast corner of Edna T. Jones (DB 52, Page 207), said iron being in the line of John R. Latham (DB 183, Page 856); thence with the Latham line South 13 deg. 23’ 35” West 73.0 feet to an iron, Northwest corner of W.S. Walker (DB 20, Page 380), said iron being the Southeast corner of the with-in described tract, Northeast corner of Laura V. Coe (DB 66, Page 497); thence with the Coe line North 72 deg. 5’ 20” West 137.17 feet to an iron; thence continuing with the Coe line North 75 deg. 21’ 25” West 262.96 feet to a pk nail found in a concrete walk; thence North 19 deg. 55’ 50” East 186.98 feet to a pk nail, the point and place of beginning, containing 1.469 acres, more or less, as surveyed June 14, 1996, by C. Ray Cates, RLS.
Being the same lot or parcel of ground which by deed dated June 17, 1996 and recorded among the Land Records of Davie County, State of North Carolina, in Book 188, Page 1, was granted and conveyed by Thomas F. Jackson & wife, Tanya D. Jackson, unto Brian Darcy & wife, Laura Darcy.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 428 South Salisbury 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 Brian Darcy and wife, Laura Darcy.
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.: 15-06158-FC01
Publish: Jan. 11,18
STATE OF NORTH CAROLINA
COUNTY OF DAVIE
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of FRANCES WALL CLICK, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before April 4, 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 29th day of December, 2017.
FELECIA CLICK SETTLE
P.O. Box 66
Cleveland, NC 27013
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish: Jan. 4,11,18,25
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. 4,11,18
STATE OF NORTH CAROLINA
COUNTY OF DAVIE
PERSONAL
REPRESENTATIVE’S NOTICE
Having qualified as Personal Representative of the Estate of LARRY DAVIS SHOFFNER, deceased, late of Davie County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 11th day of April. 2018, said date being at least three months from the date of first publication of this notice, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.
This 11th day of January, 2018, the same being the first publication date.
Freddie Davis Shoffner,
Personal Representative
Estate of Larry Davis Shoffner
Grady L. McClamrock, Jr.,
NCSB#7866,
Attorney for the Estate
161 South Main Street
Mocksville, North Carolina 27028
Telephone: (336) 751-7502
Fax: (336) 751-9909
ublish: Jan.11,18,25; Feb.1
STATE OF NORTH CAROLINA
COUNTY OF DAVIE
PERSONAL
REPRESENTATIVE’S NOTICE
Having qualified as Personal Representative of the Estate of JACK STEWART WARD, deceased, late of Davie County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 11th day of April, 2018, said date being at least three months from the date of first publication of this notice, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.
This 11th day of January, 2018, the same being the first publication date.
Brent Stanley Ward,
Personal Representative Estate
of JACK STEWART WARD
Grady L. McClamrock, Jr.,
NCSB#7866,
Attorney for the Estate
161 South Main Street
Mocksville, North Carolina 27028
Telephone: (336)751-7502
Fax: (336)751-9909
Publish: Jan.11,18,25; Feb.1
STATE OF NORTH CAROLINA
COUNTY OF DAVIE
PERSONAL
REPRESENTATIVE’S NOTICE
Having qualified as Personal Representative of the Estate of CLARENCE BURETT RUPARD, deceased, late of Davie County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 11th day of April, 2018. said date being at least three months from the date of first publication of this notice, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.
This 11th day of January, 2018, the same being the first publication date.
Grady L. McClamrock, Jr.,
Personal Representative,
Estate of Clarence Burett Rupard
Grady L. McClamrock, Jr.,
NCSB#7866,
Attorney for the Estate
161 South Main Street
Mocksville, NC 27028
Telephone: (336)751-7502
Fax: (336) 751-9909
Publish: Jan.11,18,25; Feb.1
DAVIE COUNTY
PUBLIC MEETING
NOTICE
Davie County Public Utilities will hold a public meeting on Tuesday, January 23, 2018 at 6:00 pm in The Granary at WinMock located at 168 East Kinderton Way, Bermuda Run, North Carolina 27006. The meeting will be held jointly with Forsyth County to discuss the East Davie Wastewater Collection System and the Idols Road Regional Pump Station projects.
The proposed East Davie Collection System project consists of the following improvements: 4,700 linear feet of 8-inch force main (FM), 6,600 linear feet of 16-inch FM, 31,000 linear feet of 20-inch FM, 3,600 linear feet of 18-inch gravity interceptor, improvements to the existing Yadkin River Pump Station (PS), demolition of the existing Smith Creek PS, and construction of the new Bermuda Run West PS and the new East Davie Transfer PS.
The total project cost is approximately $17,625,200 and will be funded through a loan from the Clean Water State Revolving Fund (CWSRF), which is administered through the North Carolina Department of Environmental Quality Division of Water Infrastructure (NCDEQ DWI).
A copy of the Engineering Report and Environmental Information Document may be reviewed at the Davie County Public Utilities Office during regular business hours Monday through Friday until January 23, 2018.
Publish on Jan.11,18
STATE OF NORTH CAROLINA
COUNTY OF DAVIE
NOTICE TO CREDITORS
Having qualified as Administrator for the Estate of Eleanor D. Bentz, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, corporations and others having claims against the Estate of said deceased to exhibit them to the undersigned as 3400 Healy Drive, Ste 100, Winston-Salem, North Carolina 27103, on or before the 4th day of April, 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 4th day of January, 2018.
DAVID BRADFORD BENTZ
Administrator of the Estate
of Eleanor D, Bentz
Jack E. Thornton, Jr.
J.E. Thornton, P.A.
3400 Healy Drive, Ste 100
Winston-Salem, North Carolina 27103
Publish: Jan. 4,11,18,25
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 Executor of the Estate of JOSIE BRAMMER MONTGOMERY, deceased, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before April 18, 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 18th day of January, 2018.
Richard Arvey Montgomery,
Executor of the Estate
283 McKnight Road
Advance, NC 27006
Publish: Jan.18,25; Feb.1,8
STATE OF NORTH CAROLINA
COUNTY OF DAVIE
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of GILMER HUBERT McCLAMROCK, deceased, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before April 18, 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 18th day of January, 2018.
Randy Lee McClamrock,
Executor of the Estate
150 Longfield Drive
Mooresville, NC 28115
Publish: Jan.18,25; Feb.1,8
STATE OF NORTH CAROLINA
COUNTY OF DAVIE
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of JEAN FURCHES SMITH, deceased, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before April 18, 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 18th day of January, 2018.
Joseph Bryant Smith, Jr.,
Executor of the Estate
332 Pinebrook Dr.,
Mocksville, NC 27028
Publish: Jan.18,25