Legal Notices for week of Oct. 20, 2016
Published 10:29 am Thursday, October 20, 2016
PUBLIC HEA
PUBLIC HEARING
NOTICE
This is to inform the public that a hearing will be held on Monarch’s proposed Consolidated Capital Application for North Carolina Department of Transportation funding for enhanced mobility of seniors and individuals with disabilities. The application will be submitted no later than November 4, 2016. The public hearing will be held on Tuesday, November 1 at 4:00 p.m. at the Mocksville Board of Commissioners Meeting, Mocksville Town Hall, 171 S. Clement St., Mocksville, NC 27028. Those interested in attending the hearing and needing either auxiliary aids or services under the Americans with Disabilities Act (ADA) or a language translator should contact Laurie Weaver at the number below. The total estimated amount requested for this project in Davie County is $26,684, with a Monarch share of $2,668 required. For questions, contact Laurie Weaver, Senior Director of Philanthropy, at (704) 986-1536. The application may be inspected upon request to Laurie Weaver at the number above between October 1 and October 28. Written comments should be directed to Laurie Weaver before October 28.
Notificación de
audiencia pública
La presente es para informar al público que se llevará a cabo una audiencia sobre la propuesta de la Aplicación de capital consolidado de Monarch al Departamento de transporte de Carolina del Norte para la financiación de mejoras de la movilidad de los adultos mayores y personas con discapacidades. La aplicación se enviará a más tardar el 4 de noviembre de 2016. La audiencia pública se llevará a cabo el lunes 1 de noviembre a las 4:00 p.m. en la reunión de la junta de comisionados del ciudad de Mocksville, Mocksville Town Hall, 171 S. Clement St., Mocksville, NC 27028. Aquellos interesados en asistir a la audiencia y que necesiten ayudas o servicios de auxiliares según la Ley de Estadounidenses con Discapacidades (ADA, por sus siglas en inglés) o un intérprete debe contactar a Laurie Weaver en el número que se presenta a continuación. La cantidad total estimada solicitada para este proyecto en el condado Columbus es de $26,684, con una participación Monarch requerida de $2,668. Para preguntas, contactar a Laurie Weaver, Directora de filantropía, en el (704) 986-1536. Se puede revisar la aplicación solicitándola a Laurie Weaver en el número anteriormente presentado entre el 1° y el 28 de octubre. Los comentarios por escrito deben enviarse a Laurie Weaver antes del 28 de octubre.
Publish: Oct. 20
113081-06677/
15-SP-120
AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Lewis C. Carter and Carole R. Carter, dated January 3, 2008 and recorded on January 22, 2008 in Book No. 743 at Page 576 in the Office of the Register of Deeds of Davie County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Davie County Courthouse, Mocksville, North Carolina on November 2, 2016 at 1:00 PM that parcel of land, including improvements thereon, situated, lying and being in the City of Advance, County of Davie, State of North Carolina, and being more particularly described in the above referenced Deed of Trust..
Address of property: 169 Gun Club Road,
Advance, NC 27006-7846
Tax Parcel ID: E700000164
Present Record Owners: Lewis C. Carter and
Carole R. Carter
The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed.
The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required.
If for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee.
Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units:
An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.
Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Rogers Townsend
& Thomas, PC
Substitute Trustee
3800 Arco Corporate Drive, Suite 250
Charlotte, NC 28273
(704)442-9500
Publish: Oct. 20,27
NORTH CAROLINA
DAVIE COUNTY
NOTICE OF
FORECLOSURE SALE
16 SP 226
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Kimberly S. Tucker to Thomas G. Jacobs, Trustee(s), dated the 22nd day of March, 2007, and recorded in Book 705, Page 122, in Davie County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Davie County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Mocksville, Davie County, North Carolina, or the customary location designated for foreclosure sales, at 10:15 AM on October 31, 2016 and will sell to the highest bidder for cash the following real estate situated in the County of Davie, North Carolina, and being more particularly described as follows:
BEGINNING at a 3/4 inch solid iron at a fence corner in the northwest corner of the herein described tract and being the northeast corner of Reuben Hellard, DB 52, Pg. 141; thence with Hellard’s eastern line South 07 deg. 34 min 43 sec. West 97.94 feet to an iron; thence with the northern line of a 5.001 acre tract South 41 deg. 59 min. 09 sec. East 579.23 feet to an iron; thence continuing South 05 deg. 06 min. 54 sec. West 268.65 feet to an iron; thence continuing South 05 deg. 06 min. 54 sec. West 30.0 feet to a mag nail, being the southwest corner of the herein described tract and the center line of SR 1802, Turrentine Church Road; thence with the road’s center line South 84 deg. 33 min. 04 sec. East 114.10 feet to a point; thence continuing South 86 deg. 26 min. 16 sec. East 35.9 feet to a mag nail, being the southeast corner of the herein described tract; thence with the western line of a 3.608 acre tract North 05 deg. 06 min. 54 sec. East passing through a nail at 30 feet, for a total of 323.73 feet to an iron; thence continuing North 10 deg. 36 min. 45 sec. West 508.11 feet to an iron, being the northeast corner of the herein described tract in the southern line of Ruth W. Seamon, DB 155, Pg. 420; thence with Seamon’s southern line North 87 deg. 50 min. 33 sec. West 432.95 feet to the POINT AND PLACE OF BEGINNING, containing 5.001 acres, more or less, as surveyed by Grady L. Tutterow, Professional Land Surveyor, on December 29, 1999. File Name: JGARWOOD, Drawing No. 27599-4. Together with improvements located thereon; said property being located at 767 Turrentine Church Road, Mocksville, North Carolina.
SUBJECT TO the right-of-way margin of SR 1802, Turrentine Church Road, and any other easements and restrictions of record.
FOR BACK TITLE, see DB 697, PG 558; DB 672, PG 482; DB 639, PG 707; DB 405, PG 27; and DB 328, PG 596; Davie County Registry. See also Tax Map K-6, Parcel 5.03, located in Mocksville Township, Davie County, North Carolina.
Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).
The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.
If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property
An order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.
Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of foreclosure sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days but not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No: 1191570 (FC.FAY)
PUBLISH: OCT. 20,27
NORTH CAROLINA
COUNTY OF DAVIE
NOTICE TO CREDITORS
Having qualified as Executrix of the Will and Estate of Janet G. Gerlinger, 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 at 3400 Healy Drive, Ste. 100, Winston-Salem, North Carolina 27103, on or before the 29th day of December, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 29th day of September, 2016.
LYNN G. SUTHERLAND
Executrix of the Estate
of Janet G. Gerlinger
Jack E. Thornton, Jr.
J. E. Thornton, P.A.
3400 Healy Drive, Ste 100
Winston-Salem, NC 27103
Publish: Sept.29,Oct.6,13,20
NORTH CAROLINA
COUNTY OF DAVIE
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of GWENDOLEN G. DEATON, (a/k/a Gwendolen McGregor Deaton), 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 on or before the 29th day of December, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 29th day of September, 2016.
Fred H. Deaton, Jr.,
Executor of the Estate
Make payments or claims to:
James P. Ashburn, Esq.
Attorney for the Estate
Eisele, Ashburn, Greene
& Chapman, P.A.
320 W. Broad Street
Statesville, NC 28677
(704) 878-6400
Publish: Sept.29,Oct.6,13,20
NORTH CAROLINA
COUNTY OF DAVIE
NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of BILLY WATSON TRIVITTE, 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 on or before the 29th day of December, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 29th day of September, 2016.
Norma B. Trivitte,
Executrix of the Estate
of Billy Watson Trivitte
421 Allen Road
Mocksville, NC 27028
Publish: Sept.29,Oct.6,13,20
NORTH CAROLINA
COUNTY OF DAVIE
PERSONAL
REPRESENTATIVE’S NOTICE
Having qualified as Personal Representative of the Estate of CHARLES BURDETTE PHILLIPS, 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 6th day of January, 2017, 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 6th day of October, 2016, the same being the first publication date.
Lou Foster Phillips,
Personal Representative
Estate of CHARLES
BURDETTE PHILLIPS
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: Oct.6,13,20,27
NORTH CAROLINA
COUNTY OF DAVIE
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of BLANCHE ELRICA PARKER, 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 6th day of January, 2017, 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 6th day of October, 2016, the same being the first publication date.
GARY R. WILLIAMS,
Administrator of the Estate
153 Elrica Lane
Mocksville, NC 27028
Publish: Oct.6,13,20,27
NORTH CAROLINA
COUNTY OF DAVIE
PUBLIC ADMINISTRATOR’S
NOTICE
Having qualified as Administrator of the Estate of Letha Holloway Kluttz, Deceased, late of Davie County, North Carolina, this is to notify ail persons having claims against the estate of the deceased to exhibit them to the undersigned on or before January 13, 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 6th day of October, 2016.
Bryan C. Thompson
Public Administrator
of the Estate
of Letha Holloway Kluttz
SURRATT & THOMPSON, PLLC
100 N. Main Street, Suite 2425
Winston-Salem, NC 27101
(336) 725-8323
Publish: Oct.6,13,20,27
NORTH CAROLINA
FORSYTH COUNTY
ADMINISTRATRIX’S NOTICE
Having qualified as Administratrix of the Estate of JERRY LEE RATLEDGE, Deceased, late of Forsyth 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 January 13, 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 6th day of October, 2016.
Rhonda Fox,
Administratrix of the Estate
117 Little Forest Lane
Statesville, NC 28625
Publish: Oct.6,13,20,27
NORTH CAROLINA
FORSYTH COUNTY
NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of CAROL CREWS ROTHROCK, Deceased, late of Forsyth 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 January 13, 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 6th day of October, 2016.
Tracie Rothrock-Christian,
Exeutrix of the Estate
35 Cedar Run
Pittsboro, NC 27312
Publish: Oct.6,13,20,27
NORTH CAROLINA
DAVIE COUNTY
CREDITOR’S NOTICE
HAVING QUALIFIED as Executor of the Estate of BOBBY GRAY MYERS, 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 January 20, 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 11th day of October, 2016.
ZACKARY RUSSELL-MYERS
679 South Reed Court
Lakewood, CO 80226
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish: Oct.20,27;Nov.3,10
NOTICE OF SERVICE
OF PROCESS
BY PUBLICATION
STATE OF NORTH CAROLINA
GUILFORD COUNTY
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 16 SP 1986
FOR THE ADOPTION OF A FEMALE MINOR CHILD BY PAIGE THOMAS
TO: Unknown Birth Father of Baby Girl Thomas
Take notice that a Petition for Adoption was filed with the Clerk of Superior Court for Guilford County, North Carolina in the above entitled special proceeding. The Petition relates to Baby Girl Thomas, a minor female child born on September 18, 2016 in Winston-Salem, North Carolina at 38 weeks gestation. The Birth mother is Paige Thomas, a current resident of Lexington, North Carolina. Ms. Thomas reports that the birth father is unknown and conception occurred on December 31, 2015 or January 1, 2016 either in Winston Salem, North Carolina or Mocksville, North Carolina. TAKE NOTICE that you are required to make defense to such pleading not later than 40 days from the first day of publication of this notice, that date being Nov. 16, 2016, and upon your failure to do so the Petitioner will apply to the Court for relief sought in the Petition. Any parental rights you may have will be terminated upon the entry of the decree of adoption. This the 6th day of October, 2016.
Kelly T. Dempsey,
Attorney for Petitioner,
7810 Pineville Matthews Road,
Suite 9,
Charlotte, North Carolina 28226
Publish: Oct.6,13,20
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of DANNY BLANE WINTERS, 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 undersigned at 185 Kimel Park Drive, Suite 200, Winston-Salem, North Carolina 27103, on or before January 13, 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 13th day of October, 2016.
Rhonda G. Winters
Adminstrator of the Estate
of DANNY BLANE WINTERS
Robert D. Hinshaw, Esq.
185 Kimel Park Drive, Suite 200
Winston-Salem, NC 27103
Publish: Oct.13,20,27;Nov.3
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of RHONDA SALMONS RIEDELL, 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 undersigned on or before January 13, 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 13th day of October, 2016.
Robert A. Riedell,
Executor of the Estate
of Rhonda Salmons Riedell
110 Hagen Road
Advance, NC 27006
Publish: Oct.13,20,27;Nov.3
NORTH CAROLINA
DAVIE COUNTY
EXECUTRIX’S NOTICE
Having qualified as Executrix of the Estate of James Ray Eddings, Sr, deceased, 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 13th day of January, 2017, being three months from the first day of 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 the 13th day of October, 2016
Virginia Bowers Eddings,
Executrix
PO Box 736
Cooleemee, NC 27014
Piedmont Legal Associates, PA
Lynne Hicks,
Attorney for Estate
NC Bar # 011125
124 W. Depot St.
Mocksville, NC 27028
336-751-3312
Publish: Oct.13,20,27;Nov.3
NORTH CAROLINA
DAVIE COUNTY
EXECUTOR’S NOTICE
Having qualified as Executor of the Estate of FRANCES C. HAMILTON, deceased, 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 13th day of January, 2017, being three months from the first day of 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 the 13th day of October, 2016
Dennis Lee Hamilton,
Executor of the Estate
347 Laquinta Drive
Advance, NC 27006
Publish: Oct.13,20,27;Nov.3
NORTH CAROLINA
DAVIE COUNTY
ADMINISTRATOR’S NOTICE
Having qualified as Administrator of the Estate of BRYAN KEITH FRY, deceased, 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 13th day of January, 2017, being three months from the 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 the 13th day of October, 2016.
Ernestine West Parker,
Administrator
1695 Yadkin Valley Road
Advance, NC 27006
Ryan B. Addison
Attorney at Law
157 N. Main Street
Mocksville, NC 27028
(336)936-9067
Publish: Oct.13,20,27;Nov.3
12 SP 4
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 Randy Gobble to E Edward Vogler, Jr., J.D., P.A., Trustee(s), which was dated April 6, 2006 and recorded on April 6, 2006 in Book 656 at Page 711, 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 October 24, 2016 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Davie County, North Carolina, to wit:
BEGINNING at an iron pin the Southeastern Corner of the within described tract, said Southeastern corner being located North 87 degs. 29 min. 06 sec. West 888.37 feet from an iron pin located in the Western right of way margin of SR 1306, the Northeastern corner of Darnell Gobble (Deed Book 97 at Page 95), Southwestern corner of that property described in Deed Book 97 at Page 97; thence from the beginning North 87 degs. 29 min. 06 sec. West 210.00 feet to an iron pin the Southwestern corner of the within described tract in the line of Darnell Gobble; thence a new line North 02 degs. 30 min.54 sec. East 210.00 feet to an iron pin, the Northwestern corner of the within described; thence South 87 degs. 29 min. 06 sec. East 210.00 feet to an iron pin, the Northeastern corner of the within described tract; thence South 02 degs. 30 min. 54 sec. West 210.00 feet to the POINT AND PLACE OF BEGINNING, containing 1.012 acres as shown on a survey by A. C. Quate dated March 18, 1992, and being a portion of that property described in Deed Book 97 at Page 97, DCR, to which reference is made.
TOGETHER with an easement for purpose of ingress, egress and regress which easement shall be appurtenant to the above described 1.012 acres and run with the land in the hands of all persons whomsoever over and upon the servient tract described in Deed Book 97 at Page 97, DCR. That easement is described as follows:
BEGINNING at an iron pin the Southeastern corner of that property described in Deed Book 97 at Page 97, Northeastern corner of that property described in Deed Book 97 at Page 95 in the Western right of margin of SR 1306; thence with the line of Darnell Gobble North 87 degs. 29 min. 06 sec. West 888.37 feet to an iron pin, the Southeastern corner of the above described 1.012 acres tract; thence North 02 degs. 30 min. 54 sec. East 30.00 feet to a point; thence South 87 degs. 29 min. 06 sec. East 878.32 feet to a point in the Western right of way margin of SR 1306; thence South 16 degs. 00 min. 08 sec. East 31.64 feet to the POINT AND PLACE OF BEGINNING as shown on the above described survey.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 881 Sheffield Road, 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 Randy D Gobble.
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.: 08-09555-FC02
Publish: Oct.13,20
16 SP 192
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 Dianna Parsons to Frances Jones, Trustee(s), which was dated May 29, 2008 and recorded on May 29, 2008 in Book 759 at Page 993, 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 October 24, 2016 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Davie County, North Carolina, to wit:
Lying and being in Mocksville Township, Davie County, North Carolina and beginning at an existing Iron pipe, said existing iron pipe being the Southern most comer of Lot Number 105 and the Southwestern most corner of Lot 69 and Northeastern corner of Lot 106 and the Northwestern corner of Lot Number 68 of Map 1, Subdivision of R P Anderson Property, Plat Book 1, page 97, Parcel 15, Block A, Tax Map K-5-16, thence from said beginning point, with the common line of Lots 68 and 69, South 87 degrees, 00 minutes, 00 seconds East 400 00 feet to an existing iron pipe, said existing iron pipe being located in the Western right of way of US 601 South, thence with said right of way, South 03 degrees, 00 minutes, 00 seconds West 248 55 feet to a new iron pipe, thence with the common line of Lot 63 and 64, North 87 degrees, 12 minutes, 50 seconds West 396 95 feet to a new iron pipe 2 Inches West fence and being the Southern most corner of Lot 110, thence North 02 degrees, 18 minutes, 05 seconds East 250 05 feet to the POINT AND PLACE OF BEGINNING as surveyed by C. Ray Cates, June 7,1997
Subject to easements and restrictions of record.
For back title, see Deed Book 682, page 774, and Deed Book 195, page 269, Davie County Registry See also Tax Map K-5-16, Blk A, Pcl 15, located in Jerusalem Township, Davie County, North Carolina
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 1772 US Highway 601 South, 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 Dianna K. Parsons.
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.: 16-10722-FC01
Publish: Oct. 13,20
NORTH CAROLINA DAVIE COUNTY
Special Proceedings
No. 16 SP 21
Substitute Trustee:
Philip A. Glass
RE-NOTICE OF
FORECLOSURE SALE
Date of Sale:
October 26, 2016
Time of Sale: 11:30 a.m.
Place of Sale:
Davie County Courthouse
Description of Property:
See Attached Description
Record Owners:
Allan Russell Cassidy Jr.
Address of Property:
440 Speaks Road
Advance, NC 27006
Deed of Trust:
Book : 300 Page: 819
Dated: April 14, 1999
Grantors: Allen Russell
Cassidy Jr. and Janet Crotts Cassidy, husband and wife
Original Beneficiary: Green Tree Financial Servicing Corporation
CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45¢) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).
This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the sale. 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 Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Residential real property with less than 15 rental units, including single-family residential real property: an order for possession of the property may be issued pursuant to 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 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 not more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Dated: 09/14/2016
Philip A. Glass,
Substitute Trustee
Nodell, Glass & Haskell, L.L.P.
Posted on 09/14/2016
EXHIBIT A
Lying and being in Farmington Township, Davie County, North Carolina and being more particularly described as follows:
BEGINNING at an iron in the Northeast corner of the within described tract, said iron lying North 71Ε 2’ 28” West 199.62 feet from an iron in the Northeast corner of those lands conveyed to Allen R. Cassidy in Deed Book 136, Page 183; thence from the POINT AND PLACE OF BEGINNING South 7Ε 55’ 01” West 102.09 feet to an unmarked point in the center line of a 20 foot easement; thence continuing South 7Ε 55’ 01” West 60.87 feet to an iron Southeast corner of the within described tract; thence North 82Ε 43’ 7” West 231.32 feet to an iron Southwest corner of the within described tract in the line of Ecology Corporations, Deed Book 83, Page 568; thence North 5Ε 58’ 22” East 212.19 feet to an iron Northwest corner of the within described tract; thence South 71Ε 2’ 28” East 243 feet to an iron the POINT AND PLACE OF BEGINNING containing 1.009 acres more or less as surveyed March 17, 1999 by Grady L. Tutterow, Registered Land Surveyor and being a portion of those lands conveyed to Allen R. Cassidy in Deed Book 136, page 183.
Together with the above described tract is conveyed a perpetual nonexclusive easement of ingress, egress, and regress and being 20 feet in width and having as its center line the following course and distance: BEGINNING at an unmarked point lying South 7Ε 55’ 01” West 102.09 feet from an iron in the Northeast corner of the above described tract; and thence from the unmarked point in the center of easement South 70Ε 23’ 04” East 159.19 feet to an unmarked point said easement being appurtenant to the lands described hereinabove and running with the same through the hands of all persons whomsoever.
Together with the above described tract is conveyed a perpetual easement of ingress, egress, and regress reaching from the Northern edge of the right of way margin of S.R. 1440 and leading to the above described tract which is more particularly described in Deed Book 129, Page 454 and Deed Book 129, Page 819 to which reference is hereby made for a more particular description.
Titled “Additional Property Description” which is attached hereto as Exhibit A, together with a security interest in that certain 1999, 80 X 28 STONEBROOK mobile home, serial number SRO.
Property Address:
440 Speaks Road,
Advance, NC 27006
Parcel ID #: E6-000-00-059-01
Publish: Oct. 13,20
IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
DIVISION
DAVIE COUNTY
16SP193
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MAGGIE LOU BARNEY DATED MARCH 13, 2006 AND RECORDED IN BOOK 655 AT PAGE 7 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 12:00PM on November 4, 2016 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 post oak bush, John Beauchamp’s corner, North 88 degs. West 14 chains and 90 links to a stone, Northeast corner of Dower; thence South 6 chs. and 75 links to a stone in Dower line; thence East 14 chains and 17 links to a stone in Beauchamp’s line; thence North 3 degs. East 7 chains and 12 links TO THE BEGINNING, containing 10-1/4 acres, more or less; being Lot No. 1 in the Division of Thomas G. Massey among his heirs at law and was assigned to S. E. Nail in the said division.
The parties of the first part hereby specifically reserve a life estate in the above property for and during the course of their natural lives or the survivor of them.
And Being more commonly known as: 189 Barney Rd, Advance, NC 27006
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Maggie Lou Barney.
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 October 14, 2016.
Grady I. Ingle or
Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
16-083230
Publish: Oct. 20,27
______________________________
Philip A. Glass, Substitute Trustee
Nodell, Glass & Haskell, L.L.P.
Posted on 09/14/2016
EXHIBIT A
Lying and being in Farmington Township, Davie County, North Carolina and being more particularly described as follows:
BEGINNING at an iron in the Northeast corner of the within described tract, said iron lying North 71Ε 2’ 28” West 199.62 feet from an iron in the Northeast corner of those lands conveyed to Allen R. Cassidy in Deed Book 136, Page 183; thence from the POINT AND PLACE OF BEGINNING South 7Ε 55’ 01” West 102.09 feet to an unmarked point in the center line of a 20 foot easement; thence continuing South 7Ε 55’ 01” West 60.87 feet to an iron Southeast corner of the within described tract; thence North 82Ε 43’ 7” West 231.32 feet to an iron Southwest corner of the within described tract in the line of Ecology Corporations, Deed Book 83, Page 568; thence North 5Ε 58’ 22” East 212.19 feet to an iron Northwest corner of the within described tract; thence South 71Ε 2’ 28” East 243 feet to an iron the POINT AND PLACE OF BEGINNING containing 1.009 acres more or less as surveyed March 17, 1999 by Grady L. Tutterow, Registered Land Surveyor and being a portion of those lands conveyed to Allen R. Cassidy in Deed Book 136, page 183.
Together with the above described tract is conveyed a perpetual nonexclusive easement of ingress, egress, and regress and being 20 feet in width and having as its center line the following course and distance: BEGINNING at an unmarked point lying South 7Ε 55’ 01” West 102.09 feet from an iron in the Northeast corner of the above described tract; and thence from the unmarked point in the center of easement South 70Ε 23’ 04” East 159.19 feet to an unmarked point said easement being appurtenant to the lands described hereinabove and running with the same through the hands of all persons whomsoever.
Together with the above described tract is conveyed a perpetual easement of ingress, egress, and regress reaching from the Northern edge of the right of way margin of S.R. 1440 and leading to the above described tract which is more particularly described in Deed Book 129, Page 454 and Deed Book 129, Page 819 to which reference is hereby made for a more particular description.
Titled “Additional Property Description” which is attached hereto as Exhibit A, together with a security interest in that certain 1999, 80 X 28 STONEBROOK mobile home, serial number SRO.
Property Address: 440 Speaks Road, Advance, NC 27006
Parcel ID #: E6-000-00-059-01
______________________________
Philip A. Glass, Substitute Trustee
Nodell, Glass & Haskell, L.L.P.
Posted on 8/17/16
EXHIBIT A
BEING KNOWN and designated as that 2.004 acre tract as set forth on a Survey for Terry McClamrock recorded in Plat Book 9, Page 140, Davie County Registry, to which reference is hereby made for a more particular description.
SUBJECT TO easements and restrictions of record.
FOR BACK TITLE, see DB 724, PG 126, Davie County Registry. Se also Tax Map F-5, Pcl 57, located in Mocksville Township, Davie County, North Carolina.
PROPERTY ADDRESS: 583 Angell Rd, Mocksville, NC 27028
RING
NOTICE
This is to inform the public that a hearing will be held on Monarch’s proposed Consolidated Capital Application for North Carolina Department of Transportation funding for enhanced mobility of seniors and individuals with disabilities. The application will be submitted no later than November 4, 2016. The public hearing will be held on Tuesday, November 1 at 4:00 p.m. at the Mocksville Board of Commissioners Meeting, Mocksville Town Hall, 171 S. Clement St., Mocksville, NC 27028. Those interested in attending the hearing and needing either auxiliary aids or services under the Americans with Disabilities Act (ADA) or a language translator should contact Laurie Weaver at the number below. The total estimated amount requested for this project in Davie County is $26,684, with a Monarch share of $2,668 required. For questions, contact Laurie Weaver, Senior Director of Philanthropy, at (704) 986-1536. The application may be inspected upon request to Laurie Weaver at the number above between October 1 and October 28. Written comments should be directed to Laurie Weaver before October 28.
Notificación de
audiencia pública
La presente es para informar al público que se llevará a cabo una audiencia sobre la propuesta de la Aplicación de capital consolidado de Monarch al Departamento de transporte de Carolina del Norte para la financiación de mejoras de la movilidad de los adultos mayores y personas con discapacidades. La aplicación se enviará a más tardar el 4 de noviembre de 2016. La audiencia pública se llevará a cabo el lunes 1 de noviembre a las 4:00 p.m. en la reunión de la junta de comisionados del ciudad de Mocksville, Mocksville Town Hall, 171 S. Clement St., Mocksville, NC 27028. Aquellos interesados en asistir a la audiencia y que necesiten ayudas o servicios de auxiliares según la Ley de Estadounidenses con Discapacidades (ADA, por sus siglas en inglés) o un intérprete debe contactar a Laurie Weaver en el número que se presenta a continuación. La cantidad total estimada solicitada para este proyecto en el condado Columbus es de $26,684, con una participación Monarch requerida de $2,668. Para preguntas, contactar a Laurie Weaver, Directora de filantropía, en el (704) 986-1536. Se puede revisar la aplicación solicitándola a Laurie Weaver en el número anteriormente presentado entre el 1° y el 28 de octubre. Los comentarios por escrito deben enviarse a Laurie Weaver antes del 28 de octubre.
Publish: Oct. 20
113081-06677/
15-SP-120
AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Lewis C. Carter and Carole R. Carter, dated January 3, 2008 and recorded on January 22, 2008 in Book No. 743 at Page 576 in the Office of the Register of Deeds of Davie County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Davie County Courthouse, Mocksville, North Carolina on November 2, 2016 at 1:00 PM that parcel of land, including improvements thereon, situated, lying and being in the City of Advance, County of Davie, State of North Carolina, and being more particularly described in the above referenced Deed of Trust..
Address of property: 169 Gun Club Road,
Advance, NC 27006-7846
Tax Parcel ID: E700000164
Present Record Owners: Lewis C. Carter and
Carole R. Carter
The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed.
The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required.
If for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee.
Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units:
An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.
Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Rogers Townsend
& Thomas, PC
Substitute Trustee
3800 Arco Corporate Drive, Suite 250
Charlotte, NC 28273
(704)442-9500
Publish: Oct. 20,27
NORTH CAROLINA
DAVIE COUNTY
NOTICE OF
FORECLOSURE SALE
16 SP 226
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Kimberly S. Tucker to Thomas G. Jacobs, Trustee(s), dated the 22nd day of March, 2007, and recorded in Book 705, Page 122, in Davie County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Davie County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Mocksville, Davie County, North Carolina, or the customary location designated for foreclosure sales, at 10:15 AM on October 31, 2016 and will sell to the highest bidder for cash the following real estate situated in the County of Davie, North Carolina, and being more particularly described as follows:
BEGINNING at a 3/4 inch solid iron at a fence corner in the northwest corner of the herein described tract and being the northeast corner of Reuben Hellard, DB 52, Pg. 141; thence with Hellard’s eastern line South 07 deg. 34 min 43 sec. West 97.94 feet to an iron; thence with the northern line of a 5.001 acre tract South 41 deg. 59 min. 09 sec. East 579.23 feet to an iron; thence continuing South 05 deg. 06 min. 54 sec. West 268.65 feet to an iron; thence continuing South 05 deg. 06 min. 54 sec. West 30.0 feet to a mag nail, being the southwest corner of the herein described tract and the center line of SR 1802, Turrentine Church Road; thence with the road’s center line South 84 deg. 33 min. 04 sec. East 114.10 feet to a point; thence continuing South 86 deg. 26 min. 16 sec. East 35.9 feet to a mag nail, being the southeast corner of the herein described tract; thence with the western line of a 3.608 acre tract North 05 deg. 06 min. 54 sec. East passing through a nail at 30 feet, for a total of 323.73 feet to an iron; thence continuing North 10 deg. 36 min. 45 sec. West 508.11 feet to an iron, being the northeast corner of the herein described tract in the southern line of Ruth W. Seamon, DB 155, Pg. 420; thence with Seamon’s southern line North 87 deg. 50 min. 33 sec. West 432.95 feet to the POINT AND PLACE OF BEGINNING, containing 5.001 acres, more or less, as surveyed by Grady L. Tutterow, Professional Land Surveyor, on December 29, 1999. File Name: JGARWOOD, Drawing No. 27599-4. Together with improvements located thereon; said property being located at 767 Turrentine Church Road, Mocksville, North Carolina.
SUBJECT TO the right-of-way margin of SR 1802, Turrentine Church Road, and any other easements and restrictions of record.
FOR BACK TITLE, see DB 697, PG 558; DB 672, PG 482; DB 639, PG 707; DB 405, PG 27; and DB 328, PG 596; Davie County Registry. See also Tax Map K-6, Parcel 5.03, located in Mocksville Township, Davie County, North Carolina.
Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).
The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.
If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property
An order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.
Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of foreclosure sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days but not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No: 1191570 (FC.FAY)
PUBLISH: OCT. 20,27
NORTH CAROLINA
COUNTY OF DAVIE
NOTICE TO CREDITORS
Having qualified as Executrix of the Will and Estate of Janet G. Gerlinger, 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 at 3400 Healy Drive, Ste. 100, Winston-Salem, North Carolina 27103, on or before the 29th day of December, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 29th day of September, 2016.
LYNN G. SUTHERLAND
Executrix of the Estate
of Janet G. Gerlinger
Jack E. Thornton, Jr.
J. E. Thornton, P.A.
3400 Healy Drive, Ste 100
Winston-Salem, NC 27103
Publish: Sept.29,Oct.6,13,20
NORTH CAROLINA
COUNTY OF DAVIE
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of GWENDOLEN G. DEATON, (a/k/a Gwendolen McGregor Deaton), 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 on or before the 29th day of December, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 29th day of September, 2016.
Fred H. Deaton, Jr.,
Executor of the Estate
Make payments or claims to:
James P. Ashburn, Esq.
Attorney for the Estate
Eisele, Ashburn, Greene
& Chapman, P.A.
320 W. Broad Street
Statesville, NC 28677
(704) 878-6400
Publish: Sept.29,Oct.6,13,20
NORTH CAROLINA
COUNTY OF DAVIE
NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of BILLY WATSON TRIVITTE, 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 on or before the 29th day of December, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 29th day of September, 2016.
Norma B. Trivitte,
Executrix of the Estate
of Billy Watson Trivitte
421 Allen Road
Mocksville, NC 27028
Publish: Sept.29,Oct.6,13,20
NORTH CAROLINA
COUNTY OF DAVIE
PERSONAL
REPRESENTATIVE’S NOTICE
Having qualified as Personal Representative of the Estate of CHARLES BURDETTE PHILLIPS, 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 6th day of January, 2017, 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 6th day of October, 2016, the same being the first publication date.
Lou Foster Phillips,
Personal Representative
Estate of CHARLES
BURDETTE PHILLIPS
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: Oct.6,13,20,27
NORTH CAROLINA
COUNTY OF DAVIE
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of BLANCHE ELRICA PARKER, 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 6th day of January, 2017, 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 6th day of October, 2016, the same being the first publication date.
GARY R. WILLIAMS,
Administrator of the Estate
153 Elrica Lane
Mocksville, NC 27028
Publish: Oct.6,13,20,27
NORTH CAROLINA
COUNTY OF DAVIE
PUBLIC ADMINISTRATOR’S
NOTICE
Having qualified as Administrator of the Estate of Letha Holloway Kluttz, Deceased, late of Davie County, North Carolina, this is to notify ail persons having claims against the estate of the deceased to exhibit them to the undersigned on or before January 13, 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 6th day of October, 2016.
Bryan C. Thompson
Public Administrator
of the Estate
of Letha Holloway Kluttz
SURRATT & THOMPSON, PLLC
100 N. Main Street, Suite 2425
Winston-Salem, NC 27101
(336) 725-8323
Publish: Oct.6,13,20,27
NORTH CAROLINA
FORSYTH COUNTY
ADMINISTRATRIX’S NOTICE
Having qualified as Administratrix of the Estate of JERRY LEE RATLEDGE, Deceased, late of Forsyth 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 January 13, 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 6th day of October, 2016.
Rhonda Fox,
Administratrix of the Estate
117 Little Forest Lane
Statesville, NC 28625
Publish: Oct.6,13,20,27
NORTH CAROLINA
FORSYTH COUNTY
NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of CAROL CREWS ROTHROCK, Deceased, late of Forsyth 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 January 13, 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 6th day of October, 2016.
Tracie Rothrock-Christian,
Exeutrix of the Estate
35 Cedar Run
Pittsboro, NC 27312
Publish: Oct.6,13,20,27
NORTH CAROLINA
DAVIE COUNTY
CREDITOR’S NOTICE
HAVING QUALIFIED as Executor of the Estate of BOBBY GRAY MYERS, 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 January 20, 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 11th day of October, 2016.
ZACKARY RUSSELL-MYERS
679 South Reed Court
Lakewood, CO 80226
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish: Oct.20,27;Nov.3,10
NOTICE OF SERVICE
OF PROCESS
BY PUBLICATION
STATE OF NORTH CAROLINA
GUILFORD COUNTY
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 16 SP 1986
FOR THE ADOPTION OF A FEMALE MINOR CHILD BY PAIGE THOMAS
TO: Unknown Birth Father of Baby Girl Thomas
Take notice that a Petition for Adoption was filed with the Clerk of Superior Court for Guilford County, North Carolina in the above entitled special proceeding. The Petition relates to Baby Girl Thomas, a minor female child born on September 18, 2016 in Winston-Salem, North Carolina at 38 weeks gestation. The Birth mother is Paige Thomas, a current resident of Lexington, North Carolina. Ms. Thomas reports that the birth father is unknown and conception occurred on December 31, 2015 or January 1, 2016 either in Winston Salem, North Carolina or Mocksville, North Carolina. TAKE NOTICE that you are required to make defense to such pleading not later than 40 days from the first day of publication of this notice, that date being Nov. 16, 2016, and upon your failure to do so the Petitioner will apply to the Court for relief sought in the Petition. Any parental rights you may have will be terminated upon the entry of the decree of adoption. This the 6th day of October, 2016.
Kelly T. Dempsey,
Attorney for Petitioner,
7810 Pineville Matthews Road,
Suite 9,
Charlotte, North Carolina 28226
Publish: Oct.6,13,20
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of DANNY BLANE WINTERS, 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 undersigned at 185 Kimel Park Drive, Suite 200, Winston-Salem, North Carolina 27103, on or before January 13, 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 13th day of October, 2016.
Rhonda G. Winters
Adminstrator of the Estate
of DANNY BLANE WINTERS
Robert D. Hinshaw, Esq.
185 Kimel Park Drive, Suite 200
Winston-Salem, NC 27103
Publish: Oct.13,20,27;Nov.3
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of RHONDA SALMONS RIEDELL, 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 undersigned on or before January 13, 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 13th day of October, 2016.
Robert A. Riedell,
Executor of the Estate
of Rhonda Salmons Riedell
110 Hagen Road
Advance, NC 27006
Publish: Oct.13,20,27;Nov.3
NORTH CAROLINA
DAVIE COUNTY
EXECUTRIX’S NOTICE
Having qualified as Executrix of the Estate of James Ray Eddings, Sr, deceased, 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 13th day of January, 2017, being three months from the first day of 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 the 13th day of October, 2016
Virginia Bowers Eddings,
Executrix
PO Box 736
Cooleemee, NC 27014
Piedmont Legal Associates, PA
Lynne Hicks,
Attorney for Estate
NC Bar # 011125
124 W. Depot St.
Mocksville, NC 27028
336-751-3312
Publish: Oct.13,20,27;Nov.3
NORTH CAROLINA
DAVIE COUNTY
EXECUTOR’S NOTICE
Having qualified as Executor of the Estate of FRANCES C. HAMILTON, deceased, 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 13th day of January, 2017, being three months from the first day of 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 the 13th day of October, 2016
Dennis Lee Hamilton,
Executor of the Estate
347 Laquinta Drive
Advance, NC 27006
Publish: Oct.13,20,27;Nov.3
NORTH CAROLINA
DAVIE COUNTY
ADMINISTRATOR’S NOTICE
Having qualified as Administrator of the Estate of BRYAN KEITH FRY, deceased, 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 13th day of January, 2017, being three months from the 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 the 13th day of October, 2016.
Ernestine West Parker,
Administrator
1695 Yadkin Valley Road
Advance, NC 27006
Ryan B. Addison
Attorney at Law
157 N. Main Street
Mocksville, NC 27028
(336)936-9067
Publish: Oct.13,20,27;Nov.3
12 SP 4
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 Randy Gobble to E Edward Vogler, Jr., J.D., P.A., Trustee(s), which was dated April 6, 2006 and recorded on April 6, 2006 in Book 656 at Page 711, 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 October 24, 2016 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Davie County, North Carolina, to wit:
BEGINNING at an iron pin the Southeastern Corner of the within described tract, said Southeastern corner being located North 87 degs. 29 min. 06 sec. West 888.37 feet from an iron pin located in the Western right of way margin of SR 1306, the Northeastern corner of Darnell Gobble (Deed Book 97 at Page 95), Southwestern corner of that property described in Deed Book 97 at Page 97; thence from the beginning North 87 degs. 29 min. 06 sec. West 210.00 feet to an iron pin the Southwestern corner of the within described tract in the line of Darnell Gobble; thence a new line North 02 degs. 30 min.54 sec. East 210.00 feet to an iron pin, the Northwestern corner of the within described; thence South 87 degs. 29 min. 06 sec. East 210.00 feet to an iron pin, the Northeastern corner of the within described tract; thence South 02 degs. 30 min. 54 sec. West 210.00 feet to the POINT AND PLACE OF BEGINNING, containing 1.012 acres as shown on a survey by A. C. Quate dated March 18, 1992, and being a portion of that property described in Deed Book 97 at Page 97, DCR, to which reference is made.
TOGETHER with an easement for purpose of ingress, egress and regress which easement shall be appurtenant to the above described 1.012 acres and run with the land in the hands of all persons whomsoever over and upon the servient tract described in Deed Book 97 at Page 97, DCR. That easement is described as follows:
BEGINNING at an iron pin the Southeastern corner of that property described in Deed Book 97 at Page 97, Northeastern corner of that property described in Deed Book 97 at Page 95 in the Western right of margin of SR 1306; thence with the line of Darnell Gobble North 87 degs. 29 min. 06 sec. West 888.37 feet to an iron pin, the Southeastern corner of the above described 1.012 acres tract; thence North 02 degs. 30 min. 54 sec. East 30.00 feet to a point; thence South 87 degs. 29 min. 06 sec. East 878.32 feet to a point in the Western right of way margin of SR 1306; thence South 16 degs. 00 min. 08 sec. East 31.64 feet to the POINT AND PLACE OF BEGINNING as shown on the above described survey.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 881 Sheffield Road, 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 Randy D Gobble.
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.: 08-09555-FC02
Publish: Oct.13,20
16 SP 192
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 Dianna Parsons to Frances Jones, Trustee(s), which was dated May 29, 2008 and recorded on May 29, 2008 in Book 759 at Page 993, 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 October 24, 2016 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Davie County, North Carolina, to wit:
Lying and being in Mocksville Township, Davie County, North Carolina and beginning at an existing Iron pipe, said existing iron pipe being the Southern most comer of Lot Number 105 and the Southwestern most corner of Lot 69 and Northeastern corner of Lot 106 and the Northwestern corner of Lot Number 68 of Map 1, Subdivision of R P Anderson Property, Plat Book 1, page 97, Parcel 15, Block A, Tax Map K-5-16, thence from said beginning point, with the common line of Lots 68 and 69, South 87 degrees, 00 minutes, 00 seconds East 400 00 feet to an existing iron pipe, said existing iron pipe being located in the Western right of way of US 601 South, thence with said right of way, South 03 degrees, 00 minutes, 00 seconds West 248 55 feet to a new iron pipe, thence with the common line of Lot 63 and 64, North 87 degrees, 12 minutes, 50 seconds West 396 95 feet to a new iron pipe 2 Inches West fence and being the Southern most corner of Lot 110, thence North 02 degrees, 18 minutes, 05 seconds East 250 05 feet to the POINT AND PLACE OF BEGINNING as surveyed by C. Ray Cates, June 7,1997
Subject to easements and restrictions of record.
For back title, see Deed Book 682, page 774, and Deed Book 195, page 269, Davie County Registry See also Tax Map K-5-16, Blk A, Pcl 15, located in Jerusalem Township, Davie County, North Carolina
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 1772 US Highway 601 South, 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 Dianna K. Parsons.
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.: 16-10722-FC01
Publish: Oct. 13,20
NORTH CAROLINA DAVIE COUNTY
Special Proceedings
No. 16 SP 21
Substitute Trustee:
Philip A. Glass
RE-NOTICE OF
FORECLOSURE SALE
Date of Sale:
October 26, 2016
Time of Sale: 11:30 a.m.
Place of Sale:
Davie County Courthouse
Description of Property:
See Attached Description
Record Owners:
Allan Russell Cassidy Jr.
Address of Property:
440 Speaks Road
Advance, NC 27006
Deed of Trust:
Book : 300 Page: 819
Dated: April 14, 1999
Grantors: Allen Russell
Cassidy Jr. and Janet Crotts Cassidy, husband and wife
Original Beneficiary: Green Tree Financial Servicing Corporation
CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45¢) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).
This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the sale. 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 Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Residential real property with less than 15 rental units, including single-family residential real property: an order for possession of the property may be issued pursuant to 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 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 not more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Dated: 09/14/2016
Philip A. Glass,
Substitute Trustee
Nodell, Glass & Haskell, L.L.P.
Posted on 09/14/2016
EXHIBIT A
Lying and being in Farmington Township, Davie County, North Carolina and being more particularly described as follows:
BEGINNING at an iron in the Northeast corner of the within described tract, said iron lying North 71Ε 2’ 28” West 199.62 feet from an iron in the Northeast corner of those lands conveyed to Allen R. Cassidy in Deed Book 136, Page 183; thence from the POINT AND PLACE OF BEGINNING South 7Ε 55’ 01” West 102.09 feet to an unmarked point in the center line of a 20 foot easement; thence continuing South 7Ε 55’ 01” West 60.87 feet to an iron Southeast corner of the within described tract; thence North 82Ε 43’ 7” West 231.32 feet to an iron Southwest corner of the within described tract in the line of Ecology Corporations, Deed Book 83, Page 568; thence North 5Ε 58’ 22” East 212.19 feet to an iron Northwest corner of the within described tract; thence South 71Ε 2’ 28” East 243 feet to an iron the POINT AND PLACE OF BEGINNING containing 1.009 acres more or less as surveyed March 17, 1999 by Grady L. Tutterow, Registered Land Surveyor and being a portion of those lands conveyed to Allen R. Cassidy in Deed Book 136, page 183.
Together with the above described tract is conveyed a perpetual nonexclusive easement of ingress, egress, and regress and being 20 feet in width and having as its center line the following course and distance: BEGINNING at an unmarked point lying South 7Ε 55’ 01” West 102.09 feet from an iron in the Northeast corner of the above described tract; and thence from the unmarked point in the center of easement South 70Ε 23’ 04” East 159.19 feet to an unmarked point said easement being appurtenant to the lands described hereinabove and running with the same through the hands of all persons whomsoever.
Together with the above described tract is conveyed a perpetual easement of ingress, egress, and regress reaching from the Northern edge of the right of way margin of S.R. 1440 and leading to the above described tract which is more particularly described in Deed Book 129, Page 454 and Deed Book 129, Page 819 to which reference is hereby made for a more particular description.
Titled “Additional Property Description” which is attached hereto as Exhibit A, together with a security interest in that certain 1999, 80 X 28 STONEBROOK mobile home, serial number SRO.
Property Address:
440 Speaks Road,
Advance, NC 27006
Parcel ID #: E6-000-00-059-01
Publish: Oct. 13,20
IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
DIVISION
DAVIE COUNTY
16SP193
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MAGGIE LOU BARNEY DATED MARCH 13, 2006 AND RECORDED IN BOOK 655 AT PAGE 7 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 12:00PM on November 4, 2016 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 post oak bush, John Beauchamp’s corner, North 88 degs. West 14 chains and 90 links to a stone, Northeast corner of Dower; thence South 6 chs. and 75 links to a stone in Dower line; thence East 14 chains and 17 links to a stone in Beauchamp’s line; thence North 3 degs. East 7 chains and 12 links TO THE BEGINNING, containing 10-1/4 acres, more or less; being Lot No. 1 in the Division of Thomas G. Massey among his heirs at law and was assigned to S. E. Nail in the said division.
The parties of the first part hereby specifically reserve a life estate in the above property for and during the course of their natural lives or the survivor of them.
And Being more commonly known as: 189 Barney Rd, Advance, NC 27006
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Maggie Lou Barney.
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 October 14, 2016.
Grady I. Ingle or
Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
16-083230
Publish: Oct. 20,27
______________________________
Philip A. Glass, Substitute Trustee
Nodell, Glass & Haskell, L.L.P.
Posted on 09/14/2016
EXHIBIT A
Lying and being in Farmington Township, Davie County, North Carolina and being more particularly described as follows:
BEGINNING at an iron in the Northeast corner of the within described tract, said iron lying North 71Ε 2’ 28” West 199.62 feet from an iron in the Northeast corner of those lands conveyed to Allen R. Cassidy in Deed Book 136, Page 183; thence from the POINT AND PLACE OF BEGINNING South 7Ε 55’ 01” West 102.09 feet to an unmarked point in the center line of a 20 foot easement; thence continuing South 7Ε 55’ 01” West 60.87 feet to an iron Southeast corner of the within described tract; thence North 82Ε 43’ 7” West 231.32 feet to an iron Southwest corner of the within described tract in the line of Ecology Corporations, Deed Book 83, Page 568; thence North 5Ε 58’ 22” East 212.19 feet to an iron Northwest corner of the within described tract; thence South 71Ε 2’ 28” East 243 feet to an iron the POINT AND PLACE OF BEGINNING containing 1.009 acres more or less as surveyed March 17, 1999 by Grady L. Tutterow, Registered Land Surveyor and being a portion of those lands conveyed to Allen R. Cassidy in Deed Book 136, page 183.
Together with the above described tract is conveyed a perpetual nonexclusive easement of ingress, egress, and regress and being 20 feet in width and having as its center line the following course and distance: BEGINNING at an unmarked point lying South 7Ε 55’ 01” West 102.09 feet from an iron in the Northeast corner of the above described tract; and thence from the unmarked point in the center of easement South 70Ε 23’ 04” East 159.19 feet to an unmarked point said easement being appurtenant to the lands described hereinabove and running with the same through the hands of all persons whomsoever.
Together with the above described tract is conveyed a perpetual easement of ingress, egress, and regress reaching from the Northern edge of the right of way margin of S.R. 1440 and leading to the above described tract which is more particularly described in Deed Book 129, Page 454 and Deed Book 129, Page 819 to which reference is hereby made for a more particular description.
Titled “Additional Property Description” which is attached hereto as Exhibit A, together with a security interest in that certain 1999, 80 X 28 STONEBROOK mobile home, serial number SRO.
Property Address: 440 Speaks Road, Advance, NC 27006
Parcel ID #: E6-000-00-059-01
______________________________
Philip A. Glass, Substitute Trustee
Nodell, Glass & Haskell, L.L.P.
Posted on 8/17/16
EXHIBIT A
BEING KNOWN and designated as that 2.004 acre tract as set forth on a Survey for Terry McClamrock recorded in Plat Book 9, Page 140, Davie County Registry, to which reference is hereby made for a more particular description.
SUBJECT TO easements and restrictions of record.
FOR BACK TITLE, see DB 724, PG 126, Davie County Registry. Se also Tax Map F-5, Pcl 57, located in Mocksville Township, Davie County, North Carolina.
PROPERTY ADDRESS: 583 Angell Rd, Mocksville, NC 27028