Legal Notices week of March 3, 2016
Published 11:18 am Thursday, March 3, 2016
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Co-Executors for the Estate of CHARLES (nmn) TAYLOR, 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 Co-Executors, Charles T. Taylor and George J. Taylor, at The Frye Law Firm, Leslie G. Frye, Esq., 1171 W. 4th St., Winston-Salem, NC 27101, on or before June 3, 2016 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 3rd day of March, 2016.
Charles T. Taylor,
George J. Taylor,
Co-Executors of the Estate
Submit payments & claims to:
The Frye Law Firm
Leslie G. Frye, Esq.
Attorney for the Estate
1171 W. 4th St.
Winston-Salem, NC 27101
336-725-9333
Publish: Feb.25;March3,10,17,24
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Co-Executrix of the Estate of PHYLLIS GOODNIGHT SWANSON, 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 June 3, 2016, (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 March, 2016.
Jennifer Stanley,
Co-Executrix of the Estate
308 Tot St.,
Mocksville, NC 27028
Christine S. Naylor
Co-Executrix of the Estate
184 Grannaman Dr.,
Mocksville, NC 27028
Publish:March3,10,17,24
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of HUGH LEAVELL GARNETT, 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 May 11, 2016, (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 11th day of February, 2016.
STEVEN LEE GARNETT
781 Ratledge Road
Mocksville, NC 27028
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish:Feb.11,18,25;March3
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of WILLIAM DURHAM BOWEN, 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 May 11, 2016, (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 11th day of February, 2016.
WILLIAM DURHAM BOWEN
PO Box 386
Cooleemee, NC 27014
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish:Feb.11,18,25;March3
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO DEBTORS
AND CREDITORS
The undersigned having qualified as Executor of the Estate of JO ANN BROOKS, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to exhibit them to the undersigned at the office of Edward Y. Brewer, Attorney, PO Box 786, 3626 Clemmons Road, Clemmons, North Carolina, 27012 on or before May 13th, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.
This 11th day of February 2016.
Louie B. Brooks, Jr.
Executor of the Estate
of Jo Ann Brooks
By: Edward Y. Brewer,
Attorney
PO Box 786
3626 Clemmons Road
Clemmons, NC 27012
Publish:Feb.11,18,25;March3
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
The undersigned having qualified as Administrator of the Estate of RICKY DEAN JACOBS, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to exhibit them to the undersigned on or before May 11th, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.
This 11th day of February 2016.
Harry Michael Jacobs,
Administrator of the Estate
of Ricky Dean Jacobs
PO Box 184
Cooleemee, NC 27014
Publish:Feb.11,18,25;March3
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
The undersigned having qualified as Executor of the Estate of ELEANOR FRANKLIN JONES, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to exhibit them to the undersigned on or before May 11th, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.
This 11th day of February 2016.
Christopher Todd Jones,
Executor of the Estate
of Eleanor Franklin Jones
4800 Gladwyn Drive
Winston-Salem, NC 27104
Publish:Feb.11,18,25;March3
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
The undersigned having qualified as Executor of the Estate of SHERRIL BROOKS WHITE, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to exhibit them to the undersigned on or before May 11th, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.
This 11th day of February 2016.
William A. White
Executor of the Estate
4138 NC Hwy 801 North
Mocksville, NC 27028
Publish:Feb.11,18,25;March3
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
The undersigned having qualified as Executor of the Estate of CARROLL J. MILLS, (a/k/a Carroll Johnson Mills), deceased, late of Davie County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to exhibit them to the undersigned on or before May 11th, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.
This 11th day of February 2016.
John Gary Mills
Executor of the Estate
111 South Wentworth Drive
Mocksville, NC 27028
Publish:Feb.11,18,25;March3
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
The undersigned having qualified as Co-Executor of the Estate of RICKEY DEAN McCLAMROCK, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to exhibit them to the undersigned on or before May 11th, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.
This 11th day of February 2016.
Jerry Wayne McClamrock,
Co-Executor of the Estate
449 South Salisbury St.,
Mocksville, NC 27028
Randy Dale McClamrock
Co-Executor of the Estate
2385 Davie Academy Rd.,
Mocksville, NC 27028
Publish:Feb.11,18,25;March3
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
The undersigned having qualified as Executor of the Estate of JOHN FRANKLIN FORREST, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to exhibit them to the undersigned on or before May 18th, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.
This 18th day of February 2016.
BARRY K. FORREST
Executor of the Estate
1147 Baileys Chapel Road
Advance, NC 27006
Publish:Feb.18,25;March3,10
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
The undersigned having qualified as Executrix of the Estate of ROBERT WARREN GRIFFIN, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to exhibit them to the undersigned on or before May 18th, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.
This 18th day of February 2016.
Judy Monterose Griffin Culler
Executrix of the Estate
7919 Abelia Way
Clemmons, NC 27012
Publish:Feb.18,25;March3,10
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of RICHARD WALTER WHITE, 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 May 18, 2016, (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 12th day of February, 2016.
MELISSA WHITE BUTLER
3501 Rugby Road
Durham, NC 27707
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish:Feb.18,25;March3,10
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of FAYE DWIGGINS BARNEY, 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 May 18, 2016, (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 February, 2016.
MARTHA BARNEY LATHAM
Executor of the Estate
166 Riverview Townhouse Dr.
Advance, NC 27006
Publish:Feb.18,25;March3,10
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor for the Estate of ROY L. WALKER, (a/k/a Roy Lee Walker), 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 Executor, Stephen Wayne Walker, at the office of T. Dan Womble, Esq., P.O. Box 1698, or 3802-A Clemmons Road, Clemmons, NC 27012, on or before May 25, 2016 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 25th day of February, 2016.
Stephen Wayne Walker
Executor 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: Feb.25;March3,10,17,24
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor of the ESTATE OF GEORGE JERRY VENABLE, 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 May 25, 2016, 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 25th day of February, 2016.
Signed,
Wells Fargo Bank, N.A.,
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:Feb.25;March3,10,17
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Co-Executors of the Estate of LESTER P. HALVERSON, 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 May 25, 2016, (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 25th day of February, 2016.
MAXINE M. HALVERSON
153 River Hill Drive
Advance, NC 27006
BARBARA H. DAVIDSON
10 Seldon Drive
Rome, NY 13440
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish:Feb.25;March3,10,17
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executrix of the Estate of HAROLD DAVID TERRY, 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 May 25, 2016, (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 25th day of February, 2016.
RHONDA DALE TERRY
2904 Brodick Way
Grand Junction, CO 81504
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish:Feb.25;March3,10,17
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executor of the Estate of RICHARD FRANKLIN MCNEIL, JR., 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 May 25, 2016, (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 February, 2016.
TERRI LYN PHILLIPS MCNEIL
363 Baileys Chapel Road
Advance, NC 27006
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish:Feb.25;March3,10,17
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executrix of the Estate of Mae H. Jones, 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 June 3, 2016, (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 March, 2016.
Sue J. Cooper,
Executrix of the Estate
328 James Way
Advance, NC 27006
Publish: March 3,10,17,24
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Co-Executors of the Estate of MARGARET HELEN HENDRICKS, 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 June 3, 2016, (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 February, 2016.
DAVIE M. BROWN
143 S. Hemingway Court
Advance, NC 27006
DIANNE H. BROWN
134 Sycamore Ridge
Bermuda Run, NC 27006
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish: March 3,10,17,24
Star Storage World
1033 Salisbury Road
Mocksville, NC 27028
336-751-7827
PUBLIC AUCTION
TO: UNIT #
Holly Deskins #57
Jantana H. Fiemster #25
Danisha Taymes #67
Megan B. Reezes #85
Barbara S. Poole #182
Timothy R. Geisen-Shetka #152
Star Storage World, 1033 Salisbury Road, Mocksville, has possessory lien on all of the goods stored in the prospective units above. All these items of personal property are being sold pursuant to the assertion of the lien on Friday, March 11 at 3:00 P.M. in order to collect the amounts due from you.
This is March 3, 2016
Publish: March 3, 2016
NORTH CAROLINA
DAVIE COUNTY
NOTICE OF SUBSTITUTE TRUSTEE’S SALE
OF REAL ESTATE
UNDER AND BY VIRTUE OF the power and authority contained in that certain Deed of Trust executed and delivered by William C. Dodd, Sr., single, dated 12/31/1999, and recorded 01/05/2000, in the Office of the Register of Deeds for Davie County, North Carolina, in Book 323 at Page 60, securing a Note in the original principal amount of $76,156.00, and because of default in the payment of the indebtedness thereby secured and failure to carry out and perform the stipulations and agreements therein contained and, pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the County Courthouse of Davie County, in the City of Mocksville, North Carolina, on March 8, 2016 at 11:00 AM O’clock, all that certain parcel of land secured by the above-described Deed of Trust recorded in Book 323 at Page 60, situated in Davie County, North Carolina, as more particularly described therein, which legal description is made a part hereof and incorporated herein by reference as if fully set forth herein.
PRESENT RECORD OWNER as reflected on the records of the Register of Deeds not more than 10 days prior to posting the notice are William C. Dodd, Jr., and Sabrina N. Dodd, Heirs of William C. Dodd, Sr.
In the event the property which is the subject of this Notice of Sale is residential real property with less than fifteen (15) rental units, 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 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. The notice shall also state 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.
Should the property be purchased by a third party, that person must pay the tax of forty-five cents per One Hundred Dollars ($100.00) required by NCGS 7A-308 (a)(1), up to a maximum of Five Hundred Dollars ($500.00). The property is being sold “as is and where is” with no representations or warranties of any type or kind being given or to be construed as being given or made; and, no title certification of any type or kind is being made or is to be construed as being made. The terms of the sale are that the real property hereinabove described will be sold for cash to the highest bidder and that the undersigned will require the successful bidder at the sale to immediately deposit cash or certified check in the amount of the greater of five percent (5%) of the amount of the bid or seven hundred and fifty dollars ($750.00), whichever is greater. The real property hereinabove described will be sold subject to any unpaid taxes, prior encumbrances, if any, and special assessments.
The sale will be held open for ten (10) days for upset bids as by law required and will also be subject to a ten (10) day right of redemption or to the filing of a bankruptcy petition. In the event of an upset bid, redemption or the filing of a bankruptcy petition, or any other reason that the Substitute Trustee deems necessary to redo the sale, the bid deposit will be returned and no other remedies will be assertable. 16-SP-02
This 9th day of February, 2016. /s/ Frances S. White
Frances S. White or
Rick D. Lail, either one of whom may act,
Substitute Trustee
P.O. Box 30081
Charlotte, N.C. 28230.0081
(704) 817-8134
PUBLISH: FEB.25,MARCH3
NOTICE OF
PUBLIC HEARING
BERMUDA RUN TOWN COUNCIL
NOTICE IS HEREBY GIVEN, pursuant to G.S. 160A-364 that the Town Council of Bermuda Run will meet at 7:00 P.M. on Tuesday, March 8, 2016 at the Town Hall, located at 120 Kinderton Blvd., Suite 100, Bermuda Run, NC 27006, to hold a public hearing and to receive public comment on the following items:
TA 2015-03 Temporary Signs
Administrative text amendment to ensure compliance with recently established US Supreme Court case law Reed vs. Town of Gilbert, AZ. Affected Sections: Chapters 7, 9, and 12 of Zoning Ordinance.
TA 2016-01 Removal of Single-family and Two-family Residential Design Standards
Administrative text amendment to comply with recently passed North Carolina legislation Session Law 2015-86 by removing aesthetic controls for single-family and two-family residential structures. Affected Sections: Chapters 4 and 9 of Zoning Ordinance.
All interested parties are invited to attend the public hearing and present their comments to the Bermuda Run Town Council. Please call Town Planner Erin Burris at 1-800-650-3925 x104 if you have questions. Please call the Bermuda Run Town Hall at (336) 998-0906 if you need special accommodations for the meeting. Hearing impaired persons desiring additional information or having questions regarding this subject should call the North Carolina Relay Number for the Deaf (1-800-735-8262).
PUBLISH: FEB.25,MARCH3
STATE OF NORTH
CAROLINA
COUNTY OF DAVIE
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT
DIVISION
BEFORE THE CLERK
16-SP-9
NOTICE OF SUBSTITUTE
TRUSTEE’S
FORECLOSURE SALE
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM BRIAN S. WHITAKER AND WENDY WHITAKER TO JOSEPH P. CLARK, TRUSTEE, DATED NOVEMBER 09, 2007 AND RECORDED IN BOOK 738, PAGE 43, DAVIE COUNTY REGISTRY.
Pursuant to an order issued by the Clerk of Superior Court for Davie County, North Carolina, and to the power and authority contained in the Deed of Trust from BRIAN SCOTT WHITAKER and WENDY WHITAKER, to JOSEPH P. CLARK (the “Original Trustee”) for the benefit of TRULIANT FEDERAL CREDIT UNION recorded in Book 738 Page 43, of the Davie County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property commonly known as 232 Angell Rd., Mocksville, NC 27028, as more particularly described in Exhibit A attached to the Deed of Trust (which description is fully incorporated herein by reference), together with all rights, privileges and appurtenances thereto (the “Property”).
The record owner of the Property as reflected by the records of the Register of Deeds of Davie County not more than ten (10) days prior to the posting of this Notice was BRIAN SCOTT WHITAKER and WENDY WHITAKER, husband and wife.
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit 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 of the purchase price so bid in cash or certified check at the time the Substitute 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 as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid, any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale, and the Clerk’s fee pursuant to North Carolina General Statutes Section 7A-308(a)(1).
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE:
March 14, 2016
HOUR OF SALE:
2:00 P.M.
PLACE OF SALE:
Davie County Courthouse
This the 19th day of February, 2016.
Darren S. Cranfill,
Substitute Trustee
2625 Neudorf Road, Ste. 500
Clemmons, NC 27012
Telephone: 336-766-9997
Facsimile: 336-766-9923
darren@cranfilllaw.com
Publish: March 3,10
STATE OF NORTH
CAROLINA
COUNTY OF DAVIE
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT
DIVISION
BEFORE THE CLERK
16-SP-9
NOTICE OF SUBSTITUTE
TRUSTEE’S
FORECLOSURE SALE
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM BRIAN S. WHITAKER AND WENDY WHITAKER TO JOSEPH P. CLARK, TRUSTEE, DATED NOVEMBER 09, 2007 AND RECORDED IN BOOK 738, PAGE 43, DAVIE COUNTY REGISTRY.
Pursuant to an order issued by the Clerk of Superior Court for Davie County, North Carolina, and to the power and authority contained in the Deed of Trust from BRIAN SCOTT WHITAKER and WENDY WHITAKER, to JOSEPH P. CLARK (the “Original Trustee”) for the benefit of TRULIANT FEDERAL CREDIT UNION recorded in Book 738 Page 43, of the Davie County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property commonly known as 232 Angell Rd., Mocksville, NC 27028, as more particularly described in Exhibit A attached to the Deed of Trust (which description is fully incorporated herein by reference), together with all rights, privileges and appurtenances thereto (the “Property”).
The record owner of the Property as reflected by the records of the Register of Deeds of Davie County not more than ten (10) days prior to the posting of this Notice was BRIAN SCOTT WHITAKER and WENDY WHITAKER, husband and wife.
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit 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 of the purchase price so bid in cash or certified check at the time the Substitute 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 as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid, any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale, and the Clerk’s fee pursuant to North Carolina General Statutes Section 7A-308(a)(1).
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE:
March 14, 2016
HOUR OF SALE:
2:00 P.M.
PLACE OF SALE:
Davie County Courthouse
This the 19th day of February, 2016.
Darren S. Cranfill,
Substitute Trustee
2625 Neudorf Road, Ste. 500
Clemmons, NC 27012
Telephone: 336-766-9997
Facsimile: 336-766-9923
darren@cranfilllaw.com
Publish: March 3,10