16 SP 45

AMENDED NOTICE

OF FORECLOSURE SALE

NORTH CAROLINA,

DAVIE COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Laura Darcy and Brian Darcy to Millard S. Rubenstein, Trustee(s), which was dated January 19, 2006 and recorded on March 13, 2006 in Book 652 at Page 886 and rerecorded/modified/corrected on May 8, 2008 in Book 757, Page 375 and rerecorded/modified/corrected on July 22, 2013 in Book 933, Page 051, Davie County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on November 7, 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:

All that certain lot or parcel of land situated in the Mocksville Township, Davie County, North Carolina and more particularly described as follows:

Beginning at a p.k. nail found in a walkway along Salisbury Street, said p.k. nail being the Northwest corner of the within-described tract, the Southwest corner of Peggy L. Nail (DB 111, Page 830); thence with the Nail line South 80 deg. 5’ 15” East 260.17 feet to a tall iron, Southeast corner of Peggy L. Nail (DB 111, Page 830); thence continuing South 80 deg. 5’ 15” East 10.60 feet to a new iron; thence South 6 deg. 31’ 25” West 148.57 feet to an iron; thence South 77 deg. 43’ 15” East 90.33 feet to an iron, Southeast corner of Edna T. Jones (DB 52, Page 207), said iron being in the line of John R. Latham (DB 183, Page 856); thence with the Latham line South 13 deg. 23’ 35” West 73.0 feet to an iron, Northwest corner of W.S. Walker (DB 20, Page 380), said iron being the Southeast corner of the with-in described tract, Northeast corner of Laura V. Coe (DB 66, Page 497); thence with the Coe line North 72 deg. 5’ 20” West 137.17 feet to an iron; thence continuing with the Coe line North 75 deg. 21’ 25” West 262.96 feet to a pk nail found in  a concrete walk; thence North 19 deg. 55’ 50” East 186.98 feet to a pk nail, the point and place of beginning containing 1.469 acres, more or less, as surveyed June 14, 1996, by C. Ray Cates, RLS.

Being the same lot or parcel of ground which by deed dated June 17, 1996 and recorded among the Land Records of Davie County, State of North Carolina, in Book 188, Page 1, was granted and conveyed by Thomas F. Jackson & wife, Tanya D. Jackson, unto Brian Darcy & wife, Laura Darcy.

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

Said property is commonly known as 428 South Salisbury Street, Mocksville, NC 27028.

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

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

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

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

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee

Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 15-06158-FC01

Publish: Oct.27;Nov.3

NOTICE OF PUBLIC

HEARING OF THE

DAVIE COUNTY

BOARD OF HEALTH

Public notice is hereby given that the Davie County Board of Health will conduct a public hearing at 12:00 PM (Noon) pm on the 15th day of November, 2016 at the Davie County Health Department, 210 Hospital Street Mocksville, NC 27028 on the proposed rules and regulations on adoption and implementation of the new national guidance for post exposure management of dogs and cats published March 1, 2016 by the National Association of Public Health Veterinarians (NASPHV) in the Compendium of Animal Rabies Prevention and Control, 2016  (http://www.nasphv.org/Documents/NASPHVRabiesCompendium.pdf).

At the time and place fixed for the said public hearing, all who appear will be given an opportunity to express their views for or in opposition to the proposed said rules and regulations on the adoption and implementation on the new guidance for post exposure management of dogs and cats in Davie County.  Copies of the proposed rules and regulations can be obtained at the Davie County Health Department located at 210 Hospital Street Mockville, the county’s website, www.daviecountync.gov, or the Davie County Clerk’s Office, located at the Davie County Administrative Building, 123 Main Street Mocksville, NC 2nd Floor, during normal business hours (8:00am-5:00pm). Prior to the public hearing, written comments may be submitted to Suzanne Wright, Health Director located at the Davie County Health Department, 210 Hospital Street Mocksville, NC 27028. All those who wish to speak at the public hearing must register at the door of the room prior to the public hearing. The rules governing the presentation of information, comments and data will be announced immediately prior to the commencement of the public hearing by the Chairman of the Board of Health.

Submitted this the 1st day of November 2016,

Suzanne Wright,

MPH Health Director

Publish: Oct.27

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

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

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

NORTH CAROLINA

DAVIE COUNTY

CREDITOR’S NOTICE

Having qualified as Executrix of the Estate of JOHN HAASE CARVER (aka John Carver, John H. Carver), deceased, late of Davie County, North Carolina, this is to notify all persons, firms and corporations having claims against the estate of said deceased to exhibit them to Ms. Carol Marie Lynn Carver, Executrix, c/o George A. “Trip” Payne, Esq., Kasper & Payne, P.A., P.O. Box 687, 3626 Clemmons Road, Clemmons, NC 27012, on or before the 3rd day of February, 2017, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

This the 27th day of October, 2016.

Carol Marie Lynn Carver,

Executrix

Attorney George A. “Trip” Payne

Kasper & Payne, P.A.

P.O. Box 687

3626 Clemmons Road,

Clemmons, NC 27012

Publish: Oct.27;Nov.3,10,17

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

16 SP 45

AMENDED NOTICE

OF FORECLOSURE SALE

NORTH CAROLINA,

DAVIE COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Laura Darcy and Brian Darcy to Millard S. Rubenstein, Trustee(s), which was dated January 19, 2006 and recorded on March 13, 2006 in Book 652 at Page 886 and rerecorded/modified/corrected on May 8, 2008 in Book 757, Page 375 and rerecorded/modified/corrected on July 22, 2013 in Book 933, Page 051, Davie County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on November 7, 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:

All that certain lot or parcel of land situated in the Mocksville Township, Davie County, North Carolina and more particularly described as follows:

Beginning at a p.k. nail found in a walkway along Salisbury Street, said p.k. nail being the Northwest corner of the within-described tract, the Southwest corner of Peggy L. Nail (DB 111, Page 830); thence with the Nail line South 80 deg. 5’ 15” East 260.17 feet to a tall iron, Southeast corner of Peggy L. Nail (DB 111, Page 830); thence continuing South 80 deg. 5’ 15” East 10.60 feet to a new iron; thence South 6 deg. 31’ 25” West 148.57 feet to an iron; thence South 77 deg. 43’ 15” East 90.33 feet to an iron, Southeast corner of Edna T. Jones (DB 52, Page 207), said iron being in the line of John R. Latham (DB 183, Page 856); thence with the Latham line South 13 deg. 23’ 35” West 73.0 feet to an iron, Northwest corner of W.S. Walker (DB 20, Page 380), said iron being the Southeast corner of the with-in described tract, Northeast corner of Laura V. Coe (DB 66, Page 497); thence with the Coe line North 72 deg. 5’ 20” West 137.17 feet to an iron; thence continuing with the Coe line North 75 deg. 21’ 25” West 262.96 feet to a pk nail found in  a concrete walk; thence North 19 deg. 55’ 50” East 186.98 feet to a pk nail, the point and place of beginning containing 1.469 acres, more or less, as surveyed June 14, 1996, by C. Ray Cates, RLS.

Being the same lot or parcel of ground which by deed dated June 17, 1996 and recorded among the Land Records of Davie County, State of North Carolina, in Book 188, Page 1, was granted and conveyed by Thomas F. Jackson & wife, Tanya D. Jackson, unto Brian Darcy & wife, Laura Darcy.

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

Said property is commonly known as 428 South Salisbury Street, Mocksville, NC 27028.

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

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

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

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

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee

Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 15-06158-FC01

Publish: Oct.27;Nov.3

NOTICE OF PUBLIC

HEARING OF THE

DAVIE COUNTY

BOARD OF HEALTH

Public notice is hereby given that the Davie County Board of Health will conduct a public hearing at 12:00 PM (Noon) pm on the 15th day of November, 2016 at the Davie County Health Department, 210 Hospital Street Mocksville, NC 27028 on the proposed rules and regulations on adoption and implementation of the new national guidance for post exposure management of dogs and cats published March 1, 2016 by the National Association of Public Health Veterinarians (NASPHV) in the Compendium of Animal Rabies Prevention and Control, 2016  (http://www.nasphv.org/Documents/NASPHVRabiesCompendium.pdf).

At the time and place fixed for the said public hearing, all who appear will be given an opportunity to express their views for or in opposition to the proposed said rules and regulations on the adoption and implementation on the new guidance for post exposure management of dogs and cats in Davie County.  Copies of the proposed rules and regulations can be obtained at the Davie County Health Department located at 210 Hospital Street Mockville, the county’s website, www.daviecountync.gov, or the Davie County Clerk’s Office, located at the Davie County Administrative Building, 123 Main Street Mocksville, NC 2nd Floor, during normal business hours (8:00am-5:00pm). Prior to the public hearing, written comments may be submitted to Suzanne Wright, Health Director located at the Davie County Health Department, 210 Hospital Street Mocksville, NC 27028. All those who wish to speak at the public hearing must register at the door of the room prior to the public hearing. The rules governing the presentation of information, comments and data will be announced immediately prior to the commencement of the public hearing by the Chairman of the Board of Health.

Submitted this the 1st day of November 2016,

Suzanne Wright,

MPH Health Director

Publish: Oct.27