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Back You are here: Home Classifieds Sections Legal Notices Legal Notices for May 9, 2012

Legal Notices for May 9, 2012

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 Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP224

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DAVID L. DICKEY AND SUSAN M. DICKEY DATED MARCH 20, 2008 AND RECORDED IN BOOK 5292 AT PAGE 2655 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 17, 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 13, Duneridge Estates Subdivision, as the same is shown on a map duly recorded in Map Book 25, Page 58 of the New Hanover County Registry, reference to which is hereby made for a more particular description. Also being the same property described in that deed to David L. Dickey and wife, Susan L. Dickey recorded June 27,1994 in Book 1785, Page 1138 of the aforementioned Registry.

And Being more commonly known as:  2310 North Lumina Ave, Wrightsville Beach, NC 28480

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are David L. Dickey and Susan M. Dickey.

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/
12-023951
12-023951•05/09&05/16

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP223

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ROBERT M. CHURCH DATED FEBRUARY 28, 2007 AND RECORDED IN BOOK 5148 AT PAGE 2886 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 17, 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:

A 2.22-ACRE TRACT OF LAND AT 101 TRAIL IN PINES, WILMINGTON, NORTH CAORLINA, IN HARNETT TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA, BOUNDED AND DESCRIBED AS FOLLOWS:

BEGINNING AT AN IRON PIPE IN THE NORTHERN LINE OF THE OLD MILITARY ROAD (S.R. NO. 1602 - 60 FOOT RIGHT OF WAY) SAID IRON PIPE BEING LOCATED SOUTH 42 DEGREES 42 MINUTES 58 SECONDS EAST 32.13 FEET FROM AN OLD CONCRETE MONUMENT IN THE NORTHERN LINE OF SAID ROAD, SAID MONUMENT BEING LOCATED 30 FEET FROM A POINT IN THE CENTER LINE OF SAID OLD MILITARY ROAD WHICH IS 1012.5 FEET SOUTH EASTWARDLY AS MEASURED ALONG THE CENTER LINE OF SAID OLD MILITARY ROAD FROM ITS INTERSECTION WITH THE CENTER LINE OF THE GREENVILLE LOOP ROAD; RUNNING THENCE FROM SAID BEGINNING POINT NORTH 26 DEGREES 18 MINUTES 31 SECONDS EAST 87.18 FEET TO AN IRON PIPE; THENCE NORTH 26 DEGREES 41 MINUTES 57 SECONDS EAST 193.07 FEET TO AN IRON PIPE. THENCE SOUTH 72 DEGREES 26 MINUTES 46 SECONDS EAST 269.70 FEET TO AN IRON PIPE IN THE WESTERN LINE OF A TRACT OF LAND DESCRIBED IN BOOK 1281, PAGE 2113 OF THE NEW HANOVER COUNTY REGISTRY; THENCE WITH SAID WESTERN LINE, SOUTH 18 DEGREES 02 MINUTES 19 SECONDS WEST 60.0 FEET TO AN OLD IRON PIPE AT THE NORTHERNMOST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 1407, PAGE 1394, OF SAID REGISTRY; THENCE WITH THE WESTERN LINE OF SAID TRACT, SOUTH 18 DEGREES 02 MINUTES 19 SECONDS WEST 237.60 FEET TO AN OLD IRON PIPE IN THE CENTER LINE OF A 30-FOOT ROAD KNOWN AS TRAIL IN THE PINES; THENCE WITH THE CENTER LINE OF SAID TRAIL IN THE PINES ROAD NORTH 71 DEGREES 29 MINUTES 04 SECONDS WEST 49.80 FEET TO AN OLD IRON PIPE; THENCE CONTINUING ALONG SAID CENTER LINE SOUTH 54 DEGREES 48 MINUTES WEST 112.95 FEET TO AN IRON PIPE IN THE NORTHERN RIGHT OF WAY LINE OF SAID OLD MILITARY ROAD; THENCE WITH SAID LINE OF OLD MILITARY ROAD, NORTH 42 DEGREES 54 MINUTES 52 SECONDS WEST 80.25 FEET TO AN OLD CONCRETE MONUMENT; THENCE CONTINUING ALONG SAID LINE OF SAID OLD MILITARY ROAD, NORTH 42 DEGREES 42 MINUTES 58 SECONDS WEST 141.83 FEET OT THE POINT OF BEGINNING, CONTAINING 2.22 ACRES MORE OR LESS.

TOGETHER WITH AND SUBJECT TO AN ACCESS EASEMENT ALONG SAID 30-FOOT ROADWAY KNOWN AS TRAIL IN THE PINES, THE CENTER LINE OF WHICH CONSTITUTES TWO OF THE BOUNDARIES AT THE SOUTHEASTERN CORNER OF THE ABOVE-DESCRIBED TRACT.

And Being more commonly known as:  101 Trail In The Pines St, Wilmington, NC 28409

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

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/
12-024243
12-024243•05/09&05/16

 


Legal Notice

Optima Towers is proposing to construct a new telecommunications tower in a paved lot located within a storage unit facility located at 202 North Dow Road, Carolina Beach, New Hanover County, NC 28428. The proposed tower will be a 150-foot monopole tower.  Public comments regarding potential effects from this site on historic properties may be submitted within 30-days from the date of this publication to:

N. McReynolds, Terracon, 2855 Premiere Pkwy, Suite C, Duluth, GA 30097, 770-623-0755, or This email address is being protected from spambots. You need JavaScript enabled to view it.
202 North Dow Road
49127525
49127525•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

 


Notice to Creditors

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

The undersigned, having qualified as Administrator of the Estate of Leo Eugene  Strupe, Jr., 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 August 9, 2012, or this notice will be  pleaded in bar for any recovery. All persons, firms or corporations indebted to  said estate will please make immediate payment to the undersigned. 

The 9th day of May, 2012
  
Penelope S. Carlton..
Administrator
811 Dalton Road
Lewisville, NC 27023 
5/9, 5/16, 5/23 & 05/30/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12 E 227

The undersigned having qualified as Administratrix of the Estate of Ernest Thomas Flemming 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 9th 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 the 9th day of May, 2012.    

Frances F. Bryant,  Administratrix
4013 North West Rd. NE
Leland NC 28451
05/09,05/16,05/23&05/30/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 11E001036

The undersigned having qualified as Executor of the Estate of Ernest Mary Ellen Gilbert 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 9th 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 the 9th day of May, 2012.    

Ray S. Gilbert Jr,  Executor
7018 Springer Road
Wilmington NC 28411
05/09,05/16,05/23&05/30/2012