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Back You are here: Home Classifieds Sections Legal Notices Legal Notices for May 2, 2012

Legal Notices for May 2, 2012

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP237

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY RAY S. GILBERT, JR. DATED OCTOBER 14, 1998 AND RECORDED IN BOOK 2451 AT PAGE 805 IN THE NEW HANOVER 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 2:30 PM on May 9, 2012 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

Being all of lot 327 in Section 14 of Quail Woods Subdivision as same is shown on map thereof recorded in Map Book 37, at Page 222 in the New Hanover County Public Registry

And Being more commonly known as:  7018 Springer Rd, Wilmington, NC 28411

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Ray S. Gilbert, Jr.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 18, 2012.

Alison H. Wadsworth
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-024831
12-024831 •04/25&05/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP244

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY KELLEY OZOGUL DATED JANUARY 8, 2010 AND RECORDED IN BOOK 5462 AT PAGE 1444 IN THE NEW HANOVER 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 2:30 PM on May 9, 2012 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE CITY OF WILMINGTON TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING ALL OF LOT 7, SECTION 1, BATTLE PARK SUBDIVISION AS SHOWN ON A MAP RECORDED IN MAP BOOK 7 AT PAGE 77 IN THE NEW HANOVER COUNTY REGISTRY AND BEING THE SAME PROPERTY DESCRIBED IN THE DEED RECORDED IN BOOK 4185 AT PAGE 349 IN SAID REGISTRY.

THE PROPERTY HEREINABOVE DESCRIBED WAS ACQUIRED BY GRANTOR BY INSTRUMENT RECORDED IN BOOK 4185 PAGE 349.
A MAP SHOWING THE ABOVE DESCRIBED PROPERTY IS RECORDED IN PLAT BOOK 7 PAGE 77.

THE FOLLOWING EXCEPTIONS: ALL APPLICABLE ZONING/LAND USE ORDINANCES, STATUTES AND REGULATIONS; 2005 AD VALOREM TAXES; AND ALL APPLICABLE RESTRICTIVE COVENANTS AND UTILITY EASEMENTS OF RECORD.

TAX MAP OR PARCEL ID NO.: R07906-005-017-000 ADDRESS: 520 MANASSAS DRIVE; WILMINGTON, NC 28409

And Being more commonly known as:  520 Manassas Dr, Wilmington, NC 28409

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Kelley W. Ozogul.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 18, 2012.

Alison H. Wadsworth
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-024519
12-024519•04/25&05/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP245

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JOHN J. GRAHAM, JR. AND LYNN G. GRAHAM DATED DECEMBER 31, 1998 AND RECORDED IN BOOK 2497 AT PAGE 139 IN THE NEW HANOVER 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 2:30 PM on May 9, 2012 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

all of Lot 34 in Prince George Estates Subdivision as the same is shown on map recorded in Map Book 16, Pages 50 and 50A in the New Hanover County Registry

And Being more commonly known as:  306 Deerfield Rd, Castle Hayne, NC 28429

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Lynn G. Graham.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 18, 2012.

Alison H. Wadsworth
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-024312
12-024312 •04/25&05/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP228

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ROBIN DEAN RATCLIFF DATED MAY 4, 1999 AND RECORDED IN BOOK 2572 AT PAGE 593 IN THE NEW HANOVER 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 2:30 PM on May 9, 2012 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

Being all of Lot(s) 8, Willanda Subdivision, recorded in Map Book(s) 513, Page 4 1/2, New Hanover County, North Carolina.

And Being more commonly known as:  211 Willanda Dr, Wilmington, NC 28403

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Robin Dean Ratcliff.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 18, 2012.

Alison H. Wadsworth
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
06-78747
06-78747 •04/25&05/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY

NOTICE OF
FORECLOSURE SALE
12 SP 293

Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Jonathan R. Duea, Whitney B. Duea, Douglas F. Messina and Courtney M. Messina dated January 3, 2006 to John Cameron Coburn, Trustee for Bank of Wilmington, recorded in Book 4960, Page 2726, New Hanover County Registry; the holder of the note and deed of trust being First Federal Savings & Loan Association of Charleston; 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  New Hanover 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 New Hanover and State of North Carolina, and more particularly described as follows: That real estate located in the County of New Hanover, State of North Carolina, more particularly described as follows: Property at 1410 College Road in the City of Wilmington in New Hanover County, North Carolina containing two tracts, having Tax Parcel ID Numbers of (Tract 1) R06107-001-007-000 and (Tract 2) R05519-029-003-000 and being more particularly described in the Deed recorded in Book 3032 at Page 402 in the New Hanover County Registry and as set forth below and marked EXHIBIT A herein. Exhibit A Tract 1 Beginning at an iron pipe in the western line of South College Road, NC Highway 132, (formerly Third Street) that is located South 10 Degrees 00 minutes West 66.5 feet from the southern line of Peachtree Avenue, (60 foot wide public right of way), and runs thence, FROM THE POINT OF BEGINNING, along the southern line of the Williams Fabricare, Inc. tract, (Deed Book 1447 at Page 0805 of the New Hanover County Registry), North 80 degrees 00 minutes West, 230.00 feet to an iron pump, thence, along the eastern line of a 17.5 foot wide alley, (not open) South 10 degrees 00 minutes West, 80.0 feet to an iron pipe, thence, along the northern line of the now or formerly Landmark Commercial, Inc. tract, (Deed Book 1636 at Page 600), South 80 degrees 00 minutes East, 230.00 feet to an iron pipe in western line of said South College Road, thence, along the western line of said College Road, North 10 degrees 00 minutes West, 80.00 feet to the point of beginning, and continuing 0.43 acre, more or less. The same being a past of Farm 41 of the Subdivision of Winter Park Gardens as shown on a map recorded in the Registry of New Hanover County, and also being all of that land described as the First Tract in Exhibit “A” in Deed Book 1287 at Page 1341 of the New Hanover County Registry. Tract 2 For a tie to the point of beginning, begin at the iron rod set at the southwestern corner of the above described 0.43 acre tract, at a point in the eastern line of a 17.50 feet wide alley, thence across the 17.50 feet wide alley, North 80 degrees 00 minutes 00 seconds West 17.50 feet, to a point in the western line of the 17.5 feet wide alley, THE POINT OF BEGINNING THENCE FROM THE POINT OF BEGINNING North 80 degrees 00 minutes 00 seconds West 100.00 feet to a point, thence North 10 degrees 00 minutes East 80.00 feet to a point, thence South 80 degrees 00 minutes 00 seconds East 100.00 feet to a point in the western line of the 17.50 feet wide alley, thence along the western line of the 17.50 feet wide alley South 10 degrees 00 minutes West 80.0 feet TO THE POINT OF BEGINNING.  Being a portion of the tract conveyed to Bobby W. Harrelson by Deed recorded in the Deed Book 1287, Page 1336 of the New Hanover County Registry. Property Address: 1410 S. College Rd., Wilmington, NC 28403 Date of Sale:  May 3, 2012 at 10:30AM Location of Sale: New Hanover County Courthouse  Record Owner(s): Grille Properties, LLC 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 the notice of sale, terminate the rental agreement upon 10 days written notice to the landlord.  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.

SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P.  Lauren V. Reeves, Attorney for Jeff D. Rogers, Substitute Trustee P. O. Box 26268  Raleigh, NC 27611-6268 (919) 250-2000 File No. CBM M6485318, 938766  12 SP 293    •04/25&05/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY

NOTICE OF
FORECLOSURE SALE
11 SP 1495

Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Anthony G. Karafas and wife, Maria A. Karafas dated February 1, 2008 to John Cameron Coburn, Trustee for Cape Fear Bank, recorded in Book 5274, Page 2445, New Hanover County Registry; the holder of the note and deed of trust being First Federal Savings & Loan Association of Charleston; 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  New Hanover 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 New Hanover and State of North Carolina, and more particularly described as follows: All of Lot 124 of Pine Valley Estates, Section 2, as shown upon the map of said subdivision recorded in the New Hanover County Registry in Map Book 6 at Pages 24 and 25, to which map reference is hereby made for a more particular description. Property Address: 35 Robert E. Lee Dr., Wilmington, NC 28405 Date of Sale:  May 3, 2012 at 10:30AM Location of Sale:  New Hanover County Courthouse  Record Owner(s): Anthony G. Karafas & Maria A. Karafas 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 the notice of sale, terminate the rental agreement upon 10 days written notice to the landlord.  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.

SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P.  Lauren V. Reeves, Attorney for Jeff D. Rogers, Substitute Trustee P. O. Box 26268  Raleigh, NC 27611-6268 (919) 250-2000 File No. CBM , M6485241, 938767,  11 SP 1495   •04/25&05/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP299

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY KENNETH A. HARAGA AND TAMMY R. HARAGA DATED MARCH 22, 2004 AND RECORDED IN BOOK 4242 AT PAGE 512 IN THE NEW HANOVER 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 12:00 PM on May 3, 2012 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

Being all of Lot 179, Section 6-A, Churchill Estates Subdivision, as shown upon map of same recorded in Map Book 25, Page 131 of the New Hanover Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  4481 Amelia Ct, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Kenneth A. Haraga and Tammy R. Haraga.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 12, 2012.

Katherine JoAnn Begor
Attorney for Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-025367
12-025367 •04/25&05/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP209

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JOHNNY CLIFFORD ALLEN DATED NOVEMBER 21, 2003 AND RECORDED IN BOOK 4117 AT PAGE 31 IN THE NEW HANOVER 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 11:00 AM on May 7, 2012 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

All that certain parcel of land situate in the County of New Hanover, State of North Carolina, being known and designated as being all of Lot 13, Block G, Section 2-B, Smith Creek Estates Subdivision, as shown on a map of same recorded in Map Book 20, Page 65 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  6232 Murrayville Rd, Wilmington, NC 28411

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Johnny Clifford Allen.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 5, 2012.

Katherine JoAnn Begor
Attorney for Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
10-011035
10-011035•04/25&05/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP267

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY VIOLA JOHNSON DATED JUNE 22, 1998 AND RECORDED IN BOOK 2391 AT PAGE 110 IN THE NEW HANOVER 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 12:00 PM on May 3, 2012 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

Tract One: Beginning at a point in the Western line of 16th Street, 162 feet South of Southern line of Dock Street; runs thence Southwardly in the Western line of 16th Street 36 feet; thence Westwardly and parallel with Dock Street 165 feet; thence Northwardly and parallel to 16th Street 36 feet; thence Eastwardly and parallel to Dock Street 165 feet to the Western line of 16th Street to the point of beginning. The same being a part of Lot 3, Block 492, according to the official plan of the City of Wilmington, North Carolina.

Tract Two: Beginning at a point in the Western line of 16th Street one hundred thirty-two (132) feet Southwardly from the Southwestern intersection of Dock and 16th Streets; running thence Southwardly and along the Western line of Sixteenth Street thirty (30) feet; thence Westwardly and parallel with Dock Street one hundred sixty-five (165) feet; thence Northwardly and parallel with 16th Street thirty (30) feet; thence Eastwardly and parallel with Dock Street one hundred sixty-five (165) feet to the Western line of 16th Street, the Point of Beginning. The same being part of the Eastern one-half of Lot 3, lock 492, according to the official plan of the City of Wilmington, as recorded in the records of New Hanover County.

And Being more commonly known as:  114 South 16th St, Wilmington, NC 28401

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Viola Johnson.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 12, 2012.

Katherine JoAnn Begor
Attorney for Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
11-013277
11-013277 •04/25&05/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP291

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CHARLES E. PRESCOTT, JR. AND SHAWN Y. COLLINS DATED AUGUST 21, 2008 AND RECORDED IN BOOK 5341 AT PAGE 2887 IN THE NEW HANOVER 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 12:00 PM on May 3, 2012 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

Being all of Lot 120R, Section 2, Alamosa Place, as shown on a revised map recorded in Map Book 37, Page 147 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  2410 Bradfield Ct, Wilmington, NC 28411

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Charles E. Prescott, Jr. and Shawn Y. Collins.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 12, 2012.

Katherine JoAnn Begor
Attorney for Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-025054
12-025054 •04/25&05/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
11SP1475

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY FAWZY T. DAVIS AND TANDY R. DAVIS DATED APRIL 30, 2001 AND RECORDED IN BOOK 2919 AT PAGE 972 AND MODIFIED BY AGREEMENTS RECORDED 10/17/2007 IN BOOK 5242 AT PAGE 7, AND RECORDED 7/10/2009 IN BOOK 5422 AT PAGE 1660 AND FURTHER MODIFIED BY AGREEMENT RECORDED JANUARY 28, 2011 AT BOOK 5542, PAGE 2216 IN THE NEW HANOVER 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 11:30 AM on May 16, 2012 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

Being all of Lot 23 as identified on the map recorded in Map Book 34, Page 158 New Hanover County Registry, and being entitled “Revised Map of Survey of Brassfield”, reference to which is hereby made for a more accurate description (also known as Lot 23R).

And Being more commonly known as:  623 Sharease Cir, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Fawzy T. Davis and Tandy R. Davis.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 25, 2012.

Alison H. Wadsworth
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
 Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
10-004898
10-004898 •05/02&05/09

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP268

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY HORACE R. GORE DATED JULY 15, 2004 AND RECORDED IN BOOK 4414 AT PAGE 943 IN THE NEW HANOVER 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 11:30 AM on May 16, 2012 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

Tract 1: BEGINNING at an iron pipe located in the Easterly line of U.S. Highways Nos. 117 and 421 (formerly N.C. Highway No. 40), South 40 degrees 26 minutes West 1126 feet from the Southeastern intersection of said highway with a 40 foot road running between lots 10 and 11 of Hermitage Estates, and running thence South 57 degrees 20 minutes East 534 feet; thence South 40 degrees 26 minutes West and parallel with said U.S. Highways Nos. 117 and 421, 50 feet more or less, to a point in the dividing line between tracts 14 and 15 of Hermitage; thence Northwestwardly along the dividing line between said Tracts 14 and 15 of Hermitage Estates, as shown on a map thereof duly recorded in Map Book 4 at Page 22 in the Office of the Register of Deeds of New Hanover County, SAVING AND EXCEPTING from the operation of these presents, however, so much of the present right-of-way of said highway as crosses over the extreme western portion of the above described property (the above description is given in reference to a survey made by M.H. Lander, under date of March 9, 1948, and is based upon the said highway having a right-of-way of 60 feet.)

Tract 2: BEGINNING at a new iron pipe in the northeast corner of H.R. Gore lot recorded in deed book 866, Page 379, of the New Hanover County Registry; said new iron pipe being South 57 degrees 22 minutes East 534.00 feet from an existing iron pipe on the East side of U.S. 117 and N.C. 133 (right-of-way being 30 feet each side of centerline); said existing iron pipe being South 57 degrees 22 minutes East 29.22 feet from a railroad spike in the centerline of said road; said railroad spike being South 40 degrees 26 minutes 30 seconds West 1145.32 feet along the center line of U.S. 117 and N.C. 133, from a railroad spike at the intersection of the centerline of Parmele Road (SR 1335); thence from the beginning South 57 degrees 22 minutes East 836.85 feet to an existing iron pipe; thence South 40 degrees 39 minutes 20 seconds West 24.31feet to a new iron pipe; thence North 59 degrees 25 minutes West 841.92 feet to a new iron pipe; thence North 40 degrees 56 minutes 50 seconds East 54.77 feet to the point of Beginning, and containing 0.75 acres as surveyed by G. Douglas Jeffreys, Registered Land Surveyor, L-1432, March 11 and 15, 1975. This lot being part of Tract 14, of the “Hermitage Estate” as recorded in Map Book 4, Page 22, of the New Hanover County Registry, and also part of the J.U. Edwards Property recorded in Deed Book 385, Page 189, of the New Hanover County Registry.

And Being more commonly known as:  4736 Castle Hayne Rd, Castle Hayne, NC 28429

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Estate of Horace R. Gore.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 26, 2012.

Alison H. Wadsworth
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
11-022893
11-022893 •05/20&05/27

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY

NOTICE OF
FORECLOSURE SALE
11 SP 650

In the matter of the foreclosure of the Deed of Trust of Donald L. Stevens and Nancy M. Stevens to James E. Maynor, Trustee for First Union Home Equity Corporation See Substitution of Trustee as recorded in Book 5556, Page 974,  appointing Richard J. Kania as Substitute Trustee. Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to First Union Home Equity Corporation, dated November 2, 1993, securing indebtedness in the original principal amount of $33,900.00 as recorded in Deed of Trust Book 1716, at Page 857, New Hanover County Registry (hereinafter, the “Deed of Trust”) and because of the default of Debtor in the payment of the indebtedness thereby secured and the failure of Debtor to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for New Hanover County, North Carolina, entered in this foreclosure proceeding, the undersigned, Richard J. Kania, Substitute Trustee, will expose for sale at public auction on May 14, 2012 at 11:00AM at the New Hanover County Courthouse at the usual place of sale designated by the New Hanover County Clerk, New Hanover County Judicial Center, 316 Princess Street, Wilmington, North Carolina 28401, the real property in New Hanover County, North Carolina (including any improvements thereon), with the address of 136 Mitchell Court, Wilmington, NC 28412-3118, and as described as follows:  BEING all of Lot 21 of Lehigh Estates Subdivision, Section 1, as per plat thereof recorded in Map Book 12, Page 15, New Hanover County Registry, to which reference is made for a more perfect description. The Substitute Trustee may, in his sole discretion, delay the sale for up to one hour as provided by N.C.G.S. §45-21.23. The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.     The record owner of the above-described real property as reflected on the records of the County Register of Deeds not more than ten (10) days prior to the posting of this Notice is: Donald L. Stevens 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 County Clerk of Superior Court. Pursuant to N.C.G.S. § 45¬-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per cent (5%) percent of the amount bid or Seven Hundred Fifty Dollars ($750.00).  Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the 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 the time, he shall remain liable on his bid as provided for in N.C.G.S. § 45-21.30 (d) and (e).  Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1). This sale will be held open ten (10) days for upset bids as required by law. If the Substitute 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 by an owner or debtor prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in his sole discretion, if he believes 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. Any person who occupies the property pursuant to a bona fide lease or tenacy may have additional rights pursuant to Title VII of 5.896, “Protecting Tenants at Foreclosure Act” which became effective on May 20, 2009. Additional Notice Where the Real Property Is Residential with less than 15 Rental Units: 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 the sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of termination.

Richard J. Kania, Substitute Trustee 600-A Centrepark Drive, Asheville, North Carolina 28805 (828) 252-8010,
File No. 943295
11 SP 650 •05/02&05/09

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
11SP1417

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY EDWARD S. WILLIAMS AND SELENA A. WILLIAMS DATED MAY 10, 2007 AND RECORDED IN BOOK 5184 AT PAGE 1088 IN THE NEW HANOVER 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 10:00 AM on May 14, 2012 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

The land referred to in this policy is situated in the State of NC, County of NEW HANOVER, City of WILMINGTON and described as follows:

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

Beginning at a point in the eastern right of way of Mallard Street, 30 feet from the centerline thereof. Said point being located North 21 degrees 1 minutes East 19.51 feet and South 68 degrees 59 minutes East 30 feet from a concrete monument marking the intersection of Clear Run Drive and Mallard Street. Same being shown on a map of Section 3 of College Acres and recorded in Map Book 9 at Page 28 of the New Hanover County Registry. Running thence with the eastern right of way line of Mallard Street to a point which bears North 30 degrees 31 minutes East 131.85 feet from the beginning point; thence South 68 degrees 59 minutes East 201.17 feet to a point; thence South 31 degrees 1 minutes West 132.0 feet; thence North 68 degrees 59 minutes West 200 feet to the point of beginning.

Together with an easement for the purpose of ingress and regress over a 80 foot strip of land, the centerline being described as follows: Beginning at a point in the centerline line of said Mallard Street, said Mallard Street being located North 21 degrees 01 minutes East 19.51 feet from a concrete monument located at the intersection of the center line of Clear Run Drive with the intersection of the center line of Mallard Street, said monument being located at a bend in the center line of Mallard Street, said concrete monument being shown on a map of Section 3, College Acres, recorded in Map Book 9 at Page 26 of the New Hanover County Registry; running thence from said beginning point with a curve to the East to a point, said point being located North 30 degrees 48 minutes East 148.0 feet from the preceding point.

WITH THE APPURTENANCES THERETO.
And Being more commonly known as:  6302 Mallard Dr, Wilmington, NC 28403

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Edward S. Williams and Selena A. Williams.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 5, 2012.

Katherine JoAnn Begor
Attorney for Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
11-019318
11-019318 •05/02&05/09

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
10SP733

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY LIONEL L. WATERMAN, SR. AND TRACY R. WATERMAN DATED FEBRUARY 6, 2002 AND RECORDED IN BOOK 3196 AT PAGE 918 IN THE NEW HANOVER 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 3:30 PM on May 11, 2012 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

Beginning at a point in the eastern line of Eighth Street which is 66 feet southwardly as measured along said eastern line from its intersection with the southern line of Castle Street, and running thence southwardly along said eastern line of Eighth Street 33 feet; thence eastwardly and parallel with Castle Street 104 feet; thence northwardly and parallel with Eighth Street 33 feet; thence westwardly and parallel with Castle Street 104 feet to the eastern line of Eighth Street, the point of beginning; the same being a part of Lot 2 in Block 80 in the City of Wilmington and being the same lands described in deed recorded in Book 2489 Page 29 in the New Hanover County Registry.

And Being more commonly known as:  605 South 8th St, Wilmington, NC 28401

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Lionel L. Waterman, Sr. and Tracy R. Waterman.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 10, 2012.

Katherine JoAnn Begor
Attorney for Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
10-003767
10-003767 •05/02&05/09

 


NOTICE OF SERVICE OF PROCESS OF PUBLICATION

NOTICE OF SERVICE OF
PROCESS OF PUBLICATION

STATE OF NORTH CAROLINA
IN THE DISTRICT COURT
COUNTY OF MECKLENBURG
12-J-242

IN RE:
JUDE PRESLEY TURNAGE

TO: THE UNKNOWN FATHER OF A MALE JUVENILE BORN ON JANUARY 28, 2012 IN PITT COUNTY, NORTH CAROLINA. THE FATHER IS AFRICAN-AMERICAN AND TALL.

TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled proceeding.  The nature of the relief being sought is termination of parental rights.

You are required to make defense to such pleading not later than forty (40) days from the first date of publication (April 25th, 2012) and upon your failure to do so the parties seeking service against you will apply to the Court for the relief sought, which will terminate any parental rights you may have.

This the 25thday of April, 2012.

W. David Thurman
Thurman, Wilson, Boutwell & Galvin, P. A.
N.C. Bar No. 11117
301 S. McDowell Street
Charlotte, North Carolina 28204
(704) 377-4164
12-J-242 •04/25,05/02&05/09

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000224

The undersigned having qualified as Administratrix of the Estate of Amanda D Brewington deceased of New Hanover County, North Carolina does hereby notify all  persons, firms and corporations having claims against the Estate to exhibit them to the undersigned  on or before  the 18th day of July 2012, or this Notice will be  pleaded in bar of any recovery.  All persons, firms and corporations indebted to said estate are asked to make immediate payment to the undersigned.

 This the 18th day of April, 2012.    

Karen B Patrick, Administratrix
5134 Lord Byron Rd.
Wilmington NC 28405
4/18,4/25,05/02&05/09/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000416

The undersigned having qualified as Executor of the Estate of Dorothy Clay Brown deceased of New Hanover County, North Carolina does hereby notify all  persons, firms and corporations having claims against the Estate to exhibit them to the undersigned  on or before  the 18th day of July 2012, or this Notice will be  pleaded in bar of any recovery.  All persons, firms and corporations indebted to said estate are asked to make immediate payment to the undersigned.

 This the 18th day of April, 2012.    

Theodore Carson Brown, Jr.,
Executor
32668 NC HWY 210
Currine NC 28435
4/18,4/25,05/02&05/09/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000414

The undersigned having qualified as Executor of the Estate of Gerard Anthony Hilperts deceased of New Hanover County, North Carolina does hereby notify all  persons, firms and corporations having claims against the Estate to exhibit them to the undersigned  on or before  the 18th day of July 2012, or this Notice will be  pleaded in bar of any recovery.  All persons, firms and corporations indebted to said estate are asked to make immediate payment to the undersigned.

 This the 18th day of April, 2012.    

Kenneth Hilperts, Executor
155 Center St.
New Milford NJ 07646
4/18,4/25,05/02&05/09/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000416

The undersigned having qualified as Executor of the Estate of Dorothy Clay Brown deceased of New Hanover County, North Carolina does hereby notify all  persons, firms and corporations having claims against the Estate to exhibit them to the undersigned  on or before  the 25th day of July 2012, or this Notice will be  pleaded in bar of any recovery.  All persons, firms and corporations indebted to said estate are asked to make immediate payment to the undersigned.

 This the 25th day of April, 2012.    

Theodore Carson Brown Jr.,
 Executor
32668 NC HWY 210
Currie NC 28435
4/25,05/02,05/09&05/16/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000224

The undersigned having qualified as Administratrix of the Estate of Amanda D. Brewington deceased of New Hanover County, North Carolina does hereby notify all  persons, firms and corporations having claims against the Estate to exhibit them to the undersigned  on or before  the 25th day of July 2012, or this Notice will be  pleaded in bar of any recovery.  All persons, firms and corporations indebted to said estate are asked to make immediate payment to the undersigned.

 This the 25th day of April, 2012.    

Karen B. Patrick,  Administratrix
5134 Lord Byron Rd.
Wilmington NC 28405
4/25,05/02,05/09&05/16/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000422

The undersigned having qualified as Executrix of the Estate of Jesse Barron Phillips deceased of New Hanover County, North Carolina does hereby notify all  persons, firms and corporations having claims against the Estate to exhibit them to the undersigned  on or before  the 25th day of July 2012, or this Notice will be  pleaded in bar of any recovery.  All persons, firms and corporations indebted to said estate are asked to make immediate payment to the undersigned.

 This the 25th day of April, 2012.    

Catherine P. Feik,  Administratrix
903 Potomac Drive
Wilmington NC 28411
4/25,05/02,05/09&05/16/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000440

The undersigned having qualified as Executor of the Estate of Jerry W. Foster deceased of New Hanover County, North Carolina does hereby notify all  persons, firms and corporations having claims against the Estate to exhibit them to the undersigned  on or before  the 1st day of August 2012, or this Notice will be  pleaded in bar of any recovery.  All persons, firms and corporations indebted to said estate are asked to make immediate payment to the undersigned.

 This the25th day of April, 2012.    

Amee (Amy) F. Stewart, Executor
1611 Silver Mtn. Tr.
Sophia NC 27350
5/2, 5/9, 5/16, 5/23/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000402

The undersigned having qualified as Executor of the Estate of Romona Ann Rackley deceased of New Hanover County, North Carolina does hereby notify all  persons, firms and corporations having claims against the Estate to exhibit them to the undersigned  on or before  the 25th day of July 2012, or this Notice will be  pleaded in bar of any recovery.  All persons, firms and corporations indebted to said estate are asked to make immediate payment to the undersigned.

 This the 25th day of April, 2012.    

Franklin Trent Rackley, Executor
605 Goldeneye Drive
Wilmington NC 28411
4/25,05/02,05/09&05/16/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS

The undersigned having qualified as Executrix of the Estate of Betty Morgan deceased of New Hanover County, North Carolina does hereby notify all  persons, firms and corporations having claims against the Estate to exhibit them to the undersigned  on or before  the 25th day of July 2012, or this Notice will be  pleaded in bar of any recovery.  All persons, firms and corporations indebted to said estate are asked to make immediate payment to the undersigned.

 This the 25th day of April, 2012.    

Kathy Sprinkle,  Executrix
167 Haly Burton Memorial Parkway #103
Wilmington NC 28412
4/25,05/02,05/09&05/16/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000421

The undersigned, having qualified as Executrix of the Estate of Benedict J. O’Hara, deceased, of New Hanover County North Carolina does hereby notify all persons, firms and corporations having claims against the Estate to exhibit them to the undersigned on or before the 1st  day of August, 2012, or this notice will be pleaded in bar of any recovery.  All persons, firms and corporations indebted to said estate will please make immediate payment to the undersigned.

This 25th  day of April, 2012
  
Judith A. O’Hara, Executrix
c/o Sharon A. Hatton Law
Office P.C.
321 N. Front Street, Suite 203
Wilmington, NC  28401
5/2, 5/9, 5/16, 5/23/2012