Legal Notices for Week of Dec. 29, 2016

Published 9:46 am Friday, December 30, 2016

16 SP 116

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 Robert L. Bright and Carolyn B. Bright to American General Finance of America, Inc., Trustee(s), which was dated June 12, 2000 and recorded on June 15, 2000 in Book 337 at Page 105, Davie County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on January 9, 2017 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Davie County, North Carolina, to wit:

Tract I:

BEGINNING at a railroad spike located S 22 degrees 02’ E 64.24 feet from the approximate center line intersection of Beauchamp Road & Deans Way and from such point of BEGINNING s 88 degrees 04’ 23” E 202.88 feet to an existing iron pin in Betty B. Pardue’s southern line (D.B. 156, Pg. 493 & D.B. 66, Pg. 174), thence with Pardue’s line N 06 degrees 27’ 50” E 93.83 feet to an existing iron pin; thence S 88 degrees 08’ 42” E 34.87 feet to an existing iron pin; thence N 05 degrees 18’ 52” E 50.04 feet to an existing iron pin; thence N 86 degrees 28’ 45” E 105.12 feet to a new iron pin; thence S 03 degrees 02’ 54” W 283.73 feet to an existing iron pin in William Bright’s northern line (D.B. 101, Pg. 213); thence N 83 degrees 29’ 08” W 313.58 feet to a railroad spike in the eastern right of way line of Beauchamp Road; thence N 17 degrees 44’ 29” W 104.17 feet to the point and place of BEGINNING consisting of 1.297 acres, more or less, and being tax parcel 47 of Tax Map E-7 as shown on a survey by Larry L. Callahan Surveying Co., Inc., Job No. 8092-3, dated March 27, 1995 and entitled “Survey for Robert Bright & Carolyn Bright, to which reference is hereby made.

See Deed Book 179, Page 825

Tract II:

BEGINNING at an iron in the line of Ernest G. Brewer (Deed Book 62, Page 253), the Northwest corner of those lands described by dead recorded in Deed Book 156, Page 485, and running thence South 75 degs. 31 min. 05 sec. East 1164.70 feet to an iron in Hicks’ line; thence South 06 degs. 43 min. 53 sec. West 110.67 feet to an iron, Hicks’ Southwest corner; thence with the line of Charles Dean Beauchamp et al South 08 degs. 36 min. 22 sec. West 179.06 feet to an iron, Charles Dean Beauchamp Southwest corner; thence with said Beauchamp line South 83 degs. 33 min. 56 sec. East 1047.49 feet to a railroad spike in SR 1632 (locally known as “Juney Beauchamp Road”); thence South 17 degs. 44 min. 33 sec. East 169.72 feet to a PK nail in SR 1632 right of way; thence North 82 degs. 36 min. 22 sec. West 1122.31 feet to an iron; thence North 08 degs. 36 min. 22 scc. East 106.13 feet to an iron; thence North 79 degs. 10 min. 45 sec. West 608.11 feet to an iron; thence North with the line of Louise S. Adams North 74 degs. 52 min. 45 sec. West 411.18 feet to an iron; thence North 20 degs. 52 min. 46 sec. West 297.00 feet to an iron; thence North 08 degs. 41 min. 27 sec. East passing through an iron at 28.31 feet marking the Southeast corner of Ernest G. Brewer a total of 110.22 feet to the POINT AND PLACE OF BEGINNING, containing 12.454 acres, more or less, and being Tracts 2A and 2B on that plat of the Roy C. Beauchamp property dated July 18, 1990, as surveyed by Halls Land Surveying Company and being a portion of those lands described by deed recorded in Deed Book 156, Page 485, Davie County Registry.

See Deed Book 180, Page 631

Tract III:

BEGINNING at an iron the Northeast corner of W.F. Bright, Deed Book 101, page 213, southeast corner of the within described tract; thence with Bright line North 83 deg. 29 min, 49 sec. West 143.15 feel to an iron, southwest corner of the within described tract; thence North 03 deg. 02 min. 51 sec. East 150 feet to an iron, northwest corner of the within described tract; thence South 83 deg. 35 min. 01 sec. East 148.37 feet to an iron, northeast corner of the within described tract; thence South 05 deg. 02 min. 47 sec. West 150 feet to an iron, the point and place of BEGINNING containing .501 acres, more or less as surveyed July 18, 1990 by Sam P. Hall, registered land surveyor.

See Deed Book 198, Page 392

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

Said property is commonly known as 463 Juney Beauchamp Road and .50 acre parcel adjacent to 463 Juney Beauchamp Road, and 120 Lisas Lane, Advance, NC 27006.

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 Carolyn Bright.

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.: 16-05328-FC01

Publish: Dec.29,Jan.5

ALS/15074017

NORTH CAROLINA

DAVIE COUNTY

IN THE GENERAL COURT

OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 16 CVS 308

NOTICE OF

PUBLIC SALE

FIRST-CITIZENS BANK

& TRUST COMPANY

Plaintiff

vs.        

GAYLE A. CASHION,                

FIDELITY NATIONAL TITLE                

COMPANY, LLC, and the

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, DIVISION OF MOTOR VEHICLES

Defendants

Under and by virtue of the power of sale contained in that certain Deed of Trust executed by ROSIE O. ANDERSON AND GAYLE A. CASHION dated October 21, 2004 to R. Brandt Deal, Trustee, recorded in Book 578, Page 110, 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 Davie County Superior Court pursuant to the Order for Declaratory Relief and Judicial Foreclosure (“Order”) entered on October 10, 2016 and filed on October 10, 2016 with the Clerk of Superior Court of Davie County, said Order having been recorded in Book 1032, Page 618, Davie County Registry;  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 all of Lot 23 of Springdale Subdivision as recorded in Plat Book 5, Page 141, Davie County Registry to which reference is hereby made for a more particular description.

Included in the real property is a 1994 mobile home, Vehicle Identification Number VPNC8144, which is affixed to the real property.  This mobile home will be sold as a part of the real property as is permitted by the provisions of N.C.G.S. §25-9-604.

PROPERTY ADDRESS/LOCATION:          

233 Riddle Circle

Advance NC 27006

DATE OF SALE:       

January 4, 2017

TIME OF SALE:

10:30 A.M.

LOCATION OF SALE:

DAVIE County Courthouse

RECORD OWNER(S):

Gayle A. Cashion

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; © federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies; (e) the provisions of the  Order entered by the Court on October 10, 2016; and (f) the confirmation of the sale by the Court pursuant to the provisions of G.S. §1-339.28.

(2)  The property is being sold “as is”.  Neither the beneficiary of the deed of trust, nor the undersigned Commissioner, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property.  Further, the undersigned Commissioner 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.

This the 23rd day of November, 2016

By

Goddard & Peterson, PLLC,

Substitute Trustee

3803 Computer Drive,

Suite 103

Raleigh NC 27609

(919) 755-3400

***This communication is from a debt collector.  The purpose of this communication is to collect a debt.  This is an attempt to collect a debt, and any information obtained will be used for that purpose.

Publish: Dec.22,29

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO DEBTORS

AND CREDITORS

The undersigned having qualified as Executor of the Estate of DOROTHY A. MOLIDOR, aka, Dorothy Ann Molidor, aka Dorothy Molidor, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to exhibit them to the undersigned at the office of Edward Y. Brewer, Attorney, PO Box 786, 3626 Clemmons Road, Clemmons, North Carolina, 27012, on or before the 10th day of March 2017 or this notice will be pleaded in bar of their recovery.  All persons indebted to the estate will please make immediate payment.

This 8th day of December 2016.

Margaret Jo Dooley

Executor of the Estate

of Dorothy A. Molidor

By: Edward Y. Brewer, Attorney

PO Box 786

3626 Clemmons Road

Clemmons, NC 27012

Publish: Dec.8,15,22,29

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

The undersigned having qualified as Executrix of the Estate of HAZEL MAE HAUSER RIDDLE, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to exhibit them to the undersigned on or before the 10th day of March 2017 or this notice will be pleaded in bar of their recovery.  All persons indebted to the estate will please make immediate payment.

This 8th day of December 2016.

Faye Morgan,

Executrix of the Estate

229 Old Town Drive

Advance, NC 27006

Publish: Dec.8,15,22,29

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Co-Executors of the Estate of KATHLEEN MACDONALD CACI, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before March 8, 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 December, 2016.

MARY KAY DYSON

1358 Hwy 64 West

Mocksville, NC 27028

MICHELE HALL

202 Westridge Road

Advance, NC 27006

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Dec.8,15,22,29

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor for the Estate of GEORGE TIMOTHY SMITH, 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, Jessica Bowden Smith Whitaker, (a/k/a Jessica Bowden Smith), at the office of T. Dan Womble, Esq., P.O. Box 1698, or 3802-A Clemmons Road, Clemmons, NC 27012, on or before March 15, 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 15th day of December, 2016.

Jesscia Bowden Smith

Whitaker,

a/l/a Jessica Bowden Smith,
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: Dec.15,22,29;Jan.5

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Administrator, CTA, of the Estate of David Howard Swain, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before March 15, 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 December, 2016.

David H. Swain, Jr.,

Administrator, CTA

of the Estate

of David Howard Swain

135 Norma Lane

Advance, NC 27006

Publish: Dec.15,22,29, Jan. 5

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executrix of the Estate of DOROTHY ROBERTS DOTSON, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before March 15, 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 December, 2016.

DEBRA LEIGH DOTSON,

Executrix of the Estate

of Dorothy Roberts Dotson

117 Pepperstone Dr.,

Mocksville, NC 27028

Publish: Dec.15,22,29, Jan. 5

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executrix of the Estate of EDWARD HAROLD MAYS, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before March 15, 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 December, 2016.

JOYCE ANN MAYS,

Executrix of the Estate

of Dorothy Roberts Dotson

1149 GLADSTONE ROAD

Mocksville, NC 27028

Publish: Dec.15,22,29, Jan. 5

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Co-Executrixes of the Estate of MARIE D’AMATO CROTTS, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before March 15, 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 Co-Executrixes undersigned.

This the 15th day of December, 2016.

Anita Marie Sablotny Pulaski

Co-Executrix of the Estate

333 Deadmon Road,

Mocksville, NC 27028

Jennifer Lynn Crotts Grubbs,

Co-Executrix of the Estate

322 Hepler Road,

Mocksville, NC 27028

Publish: Dec.15,22,29, Jan. 5

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of MARTHA SMITH COOPER, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before March 22, 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 Co-Executrixes undersigned.

This the 22ND day of December, 2016.

Fletcher Allen Cooper, Jr.

Executor of the Estate

140 Sweetwood Lane

Mocksville, NC 27028

Publish: Dec.15,22,29, Jan. 5

NOTICE OF

PUBLIC HEARING

BEFORE THE MOCKSVILLE

TOWN BOARD FOR THE

FOLLOWING ORDINANCE

AND ZONING AMENDMENTS

NOTICE IS HEREBY GIVEN, PURSUANT TO THE REQUIREMENTS of Chapter 160A-364 of the General Statutes of North Carolina and pursuant to Section 8-3.9.7 of the Mocksville Zoning Ordinance, that the Town Board of Commissioners will hold a PUBLIC HEARING in the Town Hall, Mocksville, NC, at 6:00 p.m. on Tuesday, January 3, 2017 to hear the following items:

Zoning Map Amendment. The Board will review a request by Phillip Fuller to rezone approximately 2.3 acres from Highway Commercial HC to General Industrial GI. The subject property is located at 980 Salisbury Road and is further described as Davie County Tax Parcels J5090A0013, J5090A0010 (portions) and the entirety of J5160B0001.   

All parties and interested citizens shall have an opportunity to be heard in favor of or in opposition to the foregoing changes.  Prior to the hearing, all persons interested may obtain any additional information on the proposal by visiting the Development Services Department, 298 E Depot Street, Mocksville, N.C. between 8:00 a.m. and 5:00 p.m. or by telephone at (336) 753-6050.

Publish: Dec. 22,29