16 SP 238

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 Maria Isabel Hernandez to Trustee Services of Carolina, LLC, Trustee(s), which was dated February 12, 2010 and recorded on February 16, 2010 in Book 818 at Page 511, 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 December 5, 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:

The following described property:

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

Being known as Lot #8 of the Sallie Acres Subdivision as appears In Plat Book 6, Page 159 and 160 in the Davie County Registry, subject to all restrictions contained in “Declaration of Restrictive Covenants for Sallie Acres Subdivision” recorded in Deed Book 190, Page 108.

Being the same parcel conveyed to Marla Isabel Hernandez from Stacee S. Wyrick, by virtue of a Deed dated 11/9/2007, recorded 11/13/2007, In Deed Book 736, Page 399, County of Davie, State of North Carolina.

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

Said property is commonly known as 340 Michaels 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 Maria Isabel Hernandez.

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.: 16-12549-FC01

Publish: Nov. 24, Dec. 1

JWT 14254995

NORTH CAROLINA

DAVIE COUNTY

IN THE GENERAL COURT OF JUSTICE

BEFORE THE CLERK

16 SP 237

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MARLENE F. GRAVES   DATED January 5, 2007 AND RECORDED IN BOOK 695, PAGE 721, DAVIE COUNTY REGISTRY, TO  BB&T COLLATERAL SERVICE CORPORATION, TRUSTEE.

NOTICE OF

FORECLOSURE SALE

Under and by virtue of the power of sale contained in that certain deed of trust executed by MARLENE F. GRAVES   dated January 5, 2007 to BB&T COLLATERAL SERVICE CORPORATION, Trustee for BRANCH BANKING AND TRUST COMPANY, recorded in Book 695, Page 721, DAVIE County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of DAVIE County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of DAVIE and State of North Carolina, and more particularly described as follows:

Being Lots forty-three (43) and forty-four (44) of the Lakewood Subdivision according to a plat thereof prepared by A.L. Bowels, R.S. May, 1956, which said plat is duly recorded in Plat Book 3, at Page 47, Davie County Registry, to which reference is hereby made for a more particular description.

Reference is hereby made to the fact that whereas said recorded plat shows a total frontage of said Lots 44 on Park Avenue of 258 feet, the true and correct actual frontage is 150 feet and the description on said plat is hereby amended in the above description to indicate the correct distance.

Tax Map Reference: I-4-12-D-37

PROPERTY

ADDRESS/LOCATION:          

448 Park Ave.

Mocksville NC 27028

DATE OF SALE:         

December 7, 2016

TIME OF SALE:   10:30 A.M.

LOCATION OF SALE:

DAVIE County Courthouse

RECORD OWNER(S):

Marlene F. Graves

TERMS OF THE SALE:

(1). This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies.

(2)  The property is being sold “as is”.  Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property.  Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property.

(3)  The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale.

(4)  At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period.

(5)  Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving this 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 no more than 90 days, after the sale date contained in this Notice of Foreclosure 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.

(6)  An order for possession of the property being sold 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.

  (7) If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney, or the Substitute Trustee.

This the      8th       day of November, 2016.

SMITH DEBNAM NARRON  SAINTSING & MYERS, L.L.P.

Cara B. Williams,

Attorney for Jeff D. Rogers,

Substitute Trustee

P. O. Box 26268

   Raleigh, NC 27611-6268

              (919) 250-2000

Fax:  (919)250-2211

Publish: Nov. 24, Dec. 1

NOTICE OF

PUBLIC HEARING

BEFORE THE BOARD

OF COUNTY COMMISSIONERS FOR THE FOLLOWING

ZONING AMENDMENTS

NOTICE IS HEREBY GIVEN, pursuant to the requirements of Article 20-B of Chapter 153-A of the General Statutes of North Carolina and Section 155.251 of the Davie County Code of Ordinances, that the Davie County Board of Commissioners will hold a Public Hearing in the Commissioners Room of the Davie County Administration Building located at 123 South Main Street, Mocksville, NC on Monday December 5, 2016 at 6:00pm to hear the following requests:

Zoning Text Amendment. The Board will review a text amendment in 155.125, 155.151, 155.160 and 155.172 of the Zoning Ordinance to create a new zoning district.

The public is invited to attend the hearing at which time there will be an opportunity to be heard in favor of, or in opposition to, the above items.  As a result of the public hearing, substantial changes might be made in the advertised proposal, reflecting objections, debate and discussion at the hearing.    Additional information is available at the Development & Facilities Services Department on weekdays between 8:30 a.m. and 5:00 p.m. or by telephone at (336) 753-6050.

Andrew Meadwell

Planning Department

Publish: Nov. 24, Dec.1

NORTH CAROLINA

DAVIE COUNTY

CREDITOR’S NOTICE

HAVING QUALIFIED as Executrix of the Estate of AUSBON ELLIS, 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 February 3, 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 28th day of October, 2016.

JUDITH E. SNIDER

400 Woodlee Drive

Advance, NC 27006

Publish: Nov.3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

CREDITOR’S NOTICE

HAVING QUALIFIED as Executrix of the Estate of ADDIE MARIE BAKER SEAMON, 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 February 3, 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 26th day of October, 2016.

JEAN BAKER ROTHROCK

1917 US Hwy 158

Mocksville, NC 27028

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Nov.3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

CREDITOR’S NOTICE

HAVING QUALIFIED as Administratrix of the Estate of JOHN ALLEN KEATON, SR., (John Allen Keeton), 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 February 3, 2017, (being three [3] months from the first day of publication of this notice) or this notice will be pleaded in bar of their recovery.  All persons, firms and corporations indebted to said Estate will please make immediate payment to the undersigned.

This the 3rd day of November, 2016.

Tonya Tysinger,

Administratrix

1450 Feezor Road

Lexington, NC 27292

Publish: Nov. 3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

CREDITORS NOTICE

HAVING QUALIFIED as Executor of the Estate of MARY LOUISE GADDY WILHELM, 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 February 10, 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 2nd day of November, 2016.

JERRY LOU JONES

153 Riverview Townhouse Drive

Advance, NC 27006

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Nov.10,17,24;Dec.1

NOTICE TO CREDITORS

AND DEBTORS OF

DENNIS B. SHEA, SR.

AKA DENNIS BRADFORD SHEA, SR.

The undersigned, Patrick Nicholas Shea, having qualified as Executor of the Estate of Dennis B. Shea, Sr., AKA Dennis Bradford Shea, Sr., deceased, a resident of Davie County, North Carolina, hereby notifies all persons, firms, and corporations having claims against said estate to present them to the undersigned or his attorney on or before February 13, 2017 or this notice will be pleaded in bar of their recovery.  All persons, firms or corporations indebted to said estate will please make immediate payment to the undersigned.

This the 10th day of November, 2016.

Patrick Nicholas Shea,

Executor

Dennis J. Toman,

Attorney at Law

The Elderlaw Firm

301 North Elm Street, Suite 707

Greensboro, NC  27401

336-378-1122

Publish: Nov. 10,17,24,Dec.1

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor for the Estate of CHARLES RAY CULLER, late of Davie County, North Carolina, the undersigned does hereby notify all persons, firms, and corporations having claims against the estate of said decedent to exhibit them to the Executor, Joseph Christopher Culler, at the office of T. Dan Womble, Esq., P.O. Box 1698, or 3802-A Clemmons Road, Clemmons, NC 27012, on or before February 10, 2017 or this notice will be pleaded in bar of their recovery. All persons, firms, and corporations indebted to the said estate will please make immediate payment to the undersigned.

This, the 10th day of November, 2016.

Joseph Christopher Culler
Executor of the Estate

Submit payments & claims to:

T. Dan Womble, Esq.

Attorney for the Estate

PO Box 1698

3802-A Clemmons Road

Clemmons, NC 27012

336-766-8085

Publish: Nov. 10,17,24,Dec.1

NORTH CAROLINA

DAVIE COUNTY

PUBLIC ADMINISTRATOR’S

NOTICE

Having qualified as Public Administrator of the Estate of KERMAN RAY RATLEDGE, Deceased, late of Davie County, North Carolina, this is to notify all persons having claims against the estate of the deceased to exhibit them to the undersigned on or before February 17, 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 10th day of November, 2016.

Bryan C. Thompson

Public Administrator

of the Estate

of Kerman Ray Ratledge

SURRATT & THOMPSON, PLLC

100 N. Main Street, Suite 2425

Winston-Salem, NC 27101

(336) 725-8323

Publish: Nov. 10,17,24,Dec.1

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executrix for the Estate of WILLIAM TAYLOR SLYE, 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 Executrix, undersigned, on or before February 10, 2017 or this notice will be pleaded in bar of their recovery. All persons, firms, and corporations indebted to the said estate will please make immediate payment to the undersigned.

This, the 10th day of November, 2016.

Kathy M. Slye,
Executrix of the Estate

740 N. Main St.

Mocksville, NC 27028

Publish: Nov. 10,17,24,Dec.1

NORTH CAROLINA

DAVIE COUNTY

PUBLIC

ADMINISTRATOR’S NOTICE

Having qualified as Public Administrator of the Estate of Linda Jean Orren Reed, Deceased, late of Davie County, North Carolina, this is to notify all persons having claims against the estate of the deceased to exhibit them to the undersigned on or before February 24, 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 17th day of November, 2016.

Bryan C. Thompson

Public Administrator

of the Estate

of Linda Jean Orren Reed

SURRATT & THOMPSON, PLLC

100 N. Main Street, Suite 2425

Winston-Salem, NC 27101

(336) 725-8323

Publish: Nov.17,24,Dec.1,8

NORTH CAROLINA

DAVIE COUNTY

CREDITOR’S NOTICE

HAVING QUALIFIED as Executor of the Estate of JESS ALEXANDER BROWN, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before February 24, 2017, (being three [3] months from the first day of publication of this notice) or this notice will be pleaded in bar of their recovery.  All persons, firms and corporations indebted to said Estate will please make immediate payment to the undersigned.

This the 15th day of November, 2016.

DANIEL BROWN

175 Hillcrest Court

Mocksville, NC 27028

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Nov.24,Dec.1,8,15

NORTH CAROLINA

DAVIE COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT

DIVISION

16 SP 113

IN THE MATTER OF THE FORECLOSURE

by Stafford R. Peebles, Jr., Substitute Trustee of a

Deed of Trust Executed by William D. Clark, Jr.

Recorded August 11, 2009, in Book 803 at Page 508

NOTICE OF

FORECLOSURE SALE OF REAL PROPERTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by William D. Clark, Jr. dated August 11, 2009 and filed for record securing an indebtedness to William D. Clark, Jr. in the original principal amount of $300,000.00 as recorded on August 11, 2009 in Book 803, Page 508 of the Davie County Public Registry, to which reference is made for a more particular description thereof.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Stafford R. Peebles, Jr., Substitute Trustee, 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 public auction, to the highest bidder for cash at the usual place of sale at Davie County Courthouse, 104 South Main Street, Mocksville, North Carolina on November 23, 2016 at 10:00 a.m. 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 to wit:

Being known as Lot 6 of the plat of Armsworthy Acres, as described in Book 7, Page 186, revised in Plat Book 7, Page 209 of the Davie County Register of Deeds.

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

Said property is commonly known as 151 Laurens Court, Advance, NC  27006.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1).  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.  In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder will be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax.

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 municipal 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 a third party is the high bidder at the time of sale confirmation, the third party will have fifteen (15) days following the sale confirmation to remit the balance of his/her bid to the Substitute Trustee.  In the sole discretion of the Substitute Trustee, an extension may be granted, but in that instance, if required by the noteholder or loan servicer, the bidder shall be required to pay per diem interest at the current rate on the note secured by the deed of trust described herein until the day he/she remits the balance of his/her bid to the Trustee.

An Order for possession of the property may be issued pursuant to NCGS §45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court in 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 about October 1, 2007 may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord.  The notice shall also state that 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 for any reason the Substitute 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. 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.  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.

STAFFORD R. PEEBLES, JR.

SUBSTITUTE TRUSTEE

102 South Cherry Street

Winston-Salem, NC  27101

Telephone:  336-723-7363

Posted: _____

Witness:  _______

Assistant/Deputy Clerk of Superior Court

PUBLISH: Nov.10,17