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Back You are here: Home Classifieds Sections Legal Notices Legal Notices for September 19, 2012

Legal Notices for September 19, 2012

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
11SP1509

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JOHN MARK PATERSON DATED DECEMBER 16, 2009 AND RECORDED IN BOOK 5458 AT PAGE 81-93 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 September 24, 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 NO. 73 CONTAINING UNIT 73 IN PHASE X OF COLONY WOODS AS THE SAME IS SHOWN ON THE MAP OF SECTION SIX OF COLONY WOODS TOWNHOUSES AS RECORDED IN UNIT OWNERSHIP BOOK 9 AT PAGE 2 IN THE OFFICE OF THE REGISTER OF DEEDS OF NEW HANOVER COUNTY TOGETHER WITH ALL EASEMENTS AND RIGHTS MADE APPURTENANT THERETO BY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED IN BOOK 1238 AT PAGE 1372 IN THE NEW HANOVER COUNTY REGISTRY, AS AMENDED BY THOSE SUPPLEMENTAL DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED IN BOOK 1341 AT PAGE 232; IN BOOK 1256 AT PAGE 1866; IN BOOK 1302 AT PAGE 340; IN BOOK 1341 AT PAGE 279; AND IN BOOK 1409 AT PAGE 1081 IN THE NEW HANOVER COUNTY REGISTRY.

TOGETHER WITH AND SPECIFICALLY INCLUDING THE RIGHT TO USE THAT EASEMENT SHOWN AS “EASEMENT FOR PRIVATE DRIVE” BEGINNING AT THE NORTHERN MARGIN OF THE INTERSECTION OF PEBBLE LANE WITH COBBLESTONE DRIVE AS SHOWN ON THE MAP OF SECTION FIVE OF COLONY WOODS TOWNHOUSES THAT IS RECORDED IN UNIT OWNERSHIP BOOK 7 AT PAGE 323 AND THE MAP OF SECTION SIX OF COLONY WOODS TOWNHOUSES THAT IS RECORDED IN UNIT OWNERSHIP BOOK 9, AT PAGE 2 IN THE OFFICE OF THE REGISTER OF DEEDS OF NEW HANOVER COUNTY, SUCH USE BEING FOR INGRESS AND EGRESS AND REGRESS TO AND FROM THE LOT HEREBY CONVEYED.

And Being more commonly known as:  652 Cobblestone Dr, Wilmington, NC 28405

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

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 August 23, 2012.

Jonathan Blake Davis
Attorney for the Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
11-019878
11-019878 •09/12&09/19

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP837

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY HEATHER SOUSSANA DATED JUNE 19, 2009 AND RECORDED IN BOOK 5417 AT PAGE 28 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 10:30 AM on September 26, 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 133 of Lake Brewster Subdivision, Phase II as shown on survey and plat prepared by Michael Underwood and Associates, PA dated February 2006 and recorded in Plat Book 49, Pages 135-137, of the New Hanover County Registry.

And Being more commonly known as:  310 Hanna Dr, Wilmington, NC 28412

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

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 September 5, 2012.

Jonathan Blake Davis
Attorney for the Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-027263
12-027263 •09/12&09/19

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP828

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JENNIFER J. CAPEZZA DATED MARCH 25, 2009 AND RECORDED IN BOOK 5392 AT PAGE 46 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 10:30 AM on September 26, 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 18R, Section 2, Huntington Forest Subdivision. as shown on that map recorded in Map Book 28 at Page 45 and revised in Map Book 32 at Page 11, all in the New Hanover County Registry.

And Being more commonly known as:  4621 Barnards Landing Rd, Wilmington, NC 28412

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

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 September 5, 2012.

Jonathan Blake Davis
Attorney for the Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-027439
12-027439 •09/12&09/19

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP945

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BRANDON M. NOEL AKA BRANDON MICHAEL NOEL AND CINTRA S. NOEL DATED AUGUST 3, 2006 AND RECORDED IN BOOK 5067 AT PAGE 1383 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 September 27, 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 Township, New Hanover County, North Carolina and more particularly described as follows:

Being all of Lot 145, Section 2-A, Alamosa Place, as shown on map recorded in Map Book 37, Page 238 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  2406 Barnsley Ct, Wilmington, NC 28411

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Brandon M. Noel aka Brandon Michael Noel and Cintra S. Noel.

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 September 6, 2012.

Jacqueline Summer Hunt
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-030407
12-030407 •09/19&09/26

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
11sp995

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BRADLEY E. PARKER DATED SEPTEMBER 29, 2006 AND RECORDED IN BOOK 5086 AT PAGE 2641 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 October 4, 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 86, Section 15R, Harbour Point, as the same is shown on map thereof recorded in Map Book 45, Page 27 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  107 Green Turtle Ln, Carolina Beach, NC 28428

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

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 July 11, 2012.

Jacqueline Summer Hunt
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
10-010015
10-010015 •09/19&09/26

 


Notice of Foreclosure Sale

12 SP 719 NOTICE OF FORECLOSURE SALE, North Carolina, New Hanover County Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Fourth & Davis, LLC dated June 2, 2006 to John Cameron Coburn, Trustee for Bank of Wilmington, recorded in Book 5032, Page 356, New Hanover County Registry; the holder or the Note and Deed of Trust being First Federal Bank, formerly known as First Federal Saving and 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: Tract 1  Beginning in the most Southern line of Davis Street said point being North 47 degrees 25 minutes West 62 feet from the point of Intersection of the Southern line of Davis Street and the Western line of Fourth Street, and running thence from said beginning point with and along the most Southern line of Davis Street North 47 degrees 25 minutes West 35.5 feet, running thence at right angles to Davis Street South 42 degrees 35 minutes West 70.5 feet, thence parallel with Davis Street South 47 degrees 25 minutes East 35.5 feet, and running thence North 42 degrees 35 minutes East 70.5 feet to the point of Beginning. Said lot being a portion of Block 305, according to the official plan of the City of Wilmington, N.C., and the same as surveyed by E.M. Sears, Jr. registered land surveyor, January 14, 1952. And being same property conveyed or Intended to be conveyed by instrument recorded in Book 460 at Page 142 in the Office of the Register of Deeds of New Hanover County.  Tract 2  Beginning at a point in the Southern line of Davis Street, South 42 degrees 37 minutes West 33.00 feet from a point in the centerline of said Davis Street, said point in the centerline of said Davis Street being North 47 degrees 23 minutes West 76.18 feet from the city stone marking the Intersection of the centerline of said Davis Street with centerline of North Fourth Street as shown on the official plan of the City of Wilmington, N.C.; running thence from said beginning point and at right angles to Davis Street, South 42 degrees 37 minutes West 70.5 feet to a point; running thence North 81 degrees 14 minutes East 8.9 feet to a point; running thence North 42 degrees 07 minutes East 63.55 feet to a point in the Southwestern line of Davis Street; running thence with the Southwestern line of Davis Street North 47 degrees 23 minutes West 5.0 feet to the point of beginning, containing 355 square feet more or less, and being a portion of Lots 2 and 3, Block 305 as shown on the official plan of the City of Wilmington, N.C., and the same as surveyed by George Losak, North Carolina Registration Number L-494. And being same property conveyed or intended to be conveyed by instrument recorded in Book 1205 at Page 165 in the Office of the Register of Deeds of New Hanover County.  Tract 3  Beginning in the most Southern line of Davis Street at a point North 47 degrees 25 minutes West Ninety-Seven and five-tenths (97.5) feet from the point of intersection of the most Southern line of Davis Street with the Western line Fourth Street; running thence from said beginning point with and along the most Southern line of Davis Street North 47 degrees 25 minutes West thirty-one (31) feet; running thence at right angles to Davis Street South 42 degrees 35 minutes West seventy and five-tenths (70.5) feet; thence parallel with Davis Street South 47 degrees 25 minutes East thirty-one (31) feet; and running thence North 42 degrees 35 minutes East seventy and five-tenths (70.5) feet to the point of beginning; said lot being a portion of Block No. 305 according to the official plan of the City of Wilmington, North Carolina; the said property being the house and lot known as designated as No. 312 Davis Street in the City of Wilmington, North Carolina. And being same property conveyed or intended to be conveyed by instrument recorded in Book 972 at Page 841 in the Office of the Register of Deeds of New Hanover County.  All three tracts together represent all of that land being located and known as 312 Davis Street, Wilmington, NC 28401 (Tax Parcel # R04809-036-015-000) and 314 Davis Street, Wilmington, NC 28401 (Tax Parcel #R04809-036-014-000)  Less and except Units 101, 201 and 301, 314 Davis Condominium, as shown in Condominium Plat Book 18 at Page 175, New Hanover County Registry.   Property Address: 312 Davis Street, Wilmington, NC 28401; 314 Davis Street, Wilmington, NC 28401 Date of Sale: September 28, 2012 at 10:30AM Location of Sale: New Hanover County Courthouse  Record Owner(s): Fourth & Davis, 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.  Adam M. Gottsegen, Attorney for Jeff D. Rogers, Substitute Trustee P. O. Box 26268  Raleigh, NC 27611-6268 (919) 250-2000 File No. JWT M6485337, 981506 12 SP 719 •09/19&09/26

 


Notice of Foreclosure Sale

12 SP 915 NOTICE OF FORECLOSURE SALE, North Carolina, New Hanover County Under and by virtue of the power of sale contained in that certain Deed of Trust executed by The Rose Companies, LLC dated July 8, 2011 to Diane L. Guthrie, Trustee for First Federal Savings and Loan Association of Charleston, recorded in Book 5573, Page 2101, New Hanover County Registry; the holder of the Note and Deed of Trust being First Federal Bank, formerly known as First Federal Savings and 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: Being all of Tract A1R, according to a plat entitled “Recombination Plat for the Rose Companies, LLC”, duly recorded in Map Book 56, at Page 63, of the New Hanover County Registry, reference to which is hereby made for a more particular description. Property Address: 250 Raleigh Street, Wilmington, NC 28403 Date of Sale:  September 28, 2012 at 10:30AM Location of Sale:  New Hanover County Courthouse  Record Owner(s): The Rose Companies, 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.  Adam M. Gottsegen, Attorney for Jeff D. Rogers, Substitute Trustee P. O. Box 26268  Raleigh, NC 27611-6268 (919) 250-2000 FileNo. JWT M6485377, 981505 12 SP 915 •09/19&09/26

 


Process by Publication

12 SP 1067
NOTICE OF SERVICE OF PROCESS BY PUBLICATION
North Carolina, New Hanover County IN THE GENERAL COURT OF JUSTICE BEFORE THE CLERK
ALLIANCE CREDIT UNION, Petitioner vs. LYON SERVICES CORPORATION AND JOHN JAMES MCCABE, Respondents TO: John James McCabe 114 Dow Avenue, Carolina Beach, NC 28428
Take notice that a pleading has been filed against you in the above entitled action.  The nature of the pleading is a Petition For Payment of Surplus Proceeds.  The Petition filed against you alleges: 1. Petitioner held a valid deed of trust on property located in New Hanover County owned by John James McCabe located at 114 Dow Avenue Carolina Beach NC 28428.  2. The subject property was foreclosed by a prior deed of trust holder on or about  May 1, 2012, pursuant to the foreclosure action docketed as File No. 11 SP 1634 before the Clerk of Superior Court of New Hanover County.  Surplus proceeds in the amount of $28,270.11 resulted from the foreclosure sale and that surplus was deposited with the Court.  3. The deed of trust of Petitioner constituted a junior lien on the subject property.  Accordingly, Petitioner is entitled to the surplus proceeds on deposit with the Court.  4. The Petition requests the Court pay the surplus proceeds of $28,270.11 to the Petitioner.  5.  A hearing on the Petition has been scheduled before the Clerk of Superior Court of  New Hanover County at 2:00 p.m. on November 5, 2012 at the New Hanover County Courthouse, Room 222. You have the right to appear at that hearing and raise any objections to the Petition you may have.  You are required to make defense to the Petition no later than October 16, 2012 and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.

This 24th day of August, 2012

By: Adam M. Gottsegen, Attorney for Petitioner P. O. Box 26268  Raleigh, NC 27611-6268
(919) 250-2000
File No. JWT99080979, 979471
12 SP 1067 •9/5, 9/12, 09/19/2012

 


Process By Publication

NOTICE OF SERVICE OF PROCESS
BY PUBLICATION
STATE OF NORTH
CAROLINA
ORANGE COUNTY

In the District Court

Lorry R. Carr v. Robin R. Alexander
File No. 12-CVD-0881

TO: ROBIN R. ALEXANDER

TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being
sought is as follows:

ABSOLUTE DIVORCE

You are required to make defense to such pleading not later than October 16, 2012 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This, the 5th day of September, 2012.

Donna Ambler Rice, Esq.
Donna Ambler Davis, P.C.
141 Providence Road, Suite 140
Chapel Hill, NC 27514
(919)933-0950
12-CVD-0881
9/5, 9/12, 09/19/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS – File 12 E 873

The undersigned, having been duly qualified as Executor of the Estate of Shelby Lane Best, Deceased, of New Hanover County, North Carolina, hereby notifies all persons having claims against said Estate to present them to the undersigned at A-3 Pleasure Island Plaza, Carolina Beach, North Carolina 28428, on or before the 6th day of December, 2012, or this Notice shall be pleaded in bar of any recovery.  All persons indebted to said Estate will please make immediate payment to the undersigned.

This the 27th day of August, 2012.

Ned M. Barnes, Executor

NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
 8/29, 9/5, 09/12 & 09/19/2012

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000824

The undersigned, having qualified as Administrator of the Estate of George Homer Koontz 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 the 13th day of December, 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 5th  day of September, 2012

Larry George Koontz,Administrator
140 Jason Drive
Lexington NC 27292
09/05,09/12.09/19&09/26

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000885

The undersigned, having qualified as Executor of the Estate of Gwendolyn Horwath, 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 13th day of December, 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 5th  day of September, 2012

Raymond L. Horwath, Executor
3008 Hayden Dr
Wilmington NC 28411
09/05,09/12.09/19&09/26

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000882

The undersigned, having qualified as Executor of the Estate of Gloria P. Waggett, 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 13th day of December, 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 5th  day of September, 2012

John Davie Waggett, Executor
612 Bayshore Dr.
Wilmington NC 28411
09/05,09/12.09/19&09/26

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS

The undersigned, having qualified as CO-EXECUTORS of the ESTATE OF ROBERT W. HELMS, deceased, late of New Hanover County, North Carolina, notify all persons having claims against said estate to present them to the undersigned do Harris M. Livingstain at McGuire, Wood & Bissette, P.A., P0 Box 3180, Asheville, NC 28802, non or before December 12, 2012, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment to the undersigned.

This the 12th day of September, 2012.

LINDSAY D. HELMS
and WELLS FARGO BANK, N,A., CO-EXECUTORS
ESTATE OF ROBERT W. HELMS
09/12.09/19,09/26&10/03

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000908

The undersigned, having qualified as Executrix of the Estate of Bea S. Longstreet, 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 15th day of December, 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 12th  day of September, 2012

Nancy Wheeler, Executrix
1814 Wrightsville Ave
Wilmington NC 28403
09/12.09/19,09/26&10/03

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000902

The undersigned, having qualified as Executrix of the Estate of Thomas William Robinson, 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 21st day of December, 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 19th  day of September, 2012

Deborah A. Robinson, Executrix
77 Pelican Point Road
Wilmington NC 28409
09/19,09/26,10/03&10/10