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Back You are here: Home Classifieds Sections Legal Notices Legal Notices for September 26, 2012

Legal Notices for September 26, 2012

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

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP860

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ARGERO A. KARAFAS DATED APRIL 22, 2008 AND RECORDED IN BOOK 5307 AT PAGE 408 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:

A UNIT OWNERSHIP IN REAL PROPERTY PURSUANT TO CHAPTER 47A OF THE GENERAL STATUTES OF NORTH CAROLINA and being known and designated as Unit 1715-E in Phase VII of Tara Court, a condominium development, as the same is shown and described on a map thereof recorded in Condominium Plat Book 10, Pages 194 through 196 in the office of the Register of Deeds of New Hanover County, North Carolina, and in Declaration of Condominium recorded in Book 1340, Page 251 and following pages in said Registry, and all amendments and supplements thereto, specifically including Supplemental Declaration in Book 1633, Page 576 and following pages in said Registry, and said unit is also conveyed, SUBJECT TO AND TOGETHER WITH all of the rights, covenants, easements and restrictions contained in said Declaration, and all amendments and supplements thereto, and being a part of the lands described in deed recorded in Deed Book 1572, Page 952 in said Registry.

And Being more commonly known as:  1715 South 41st St Apt E, Wilmington, NC 28403

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

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 14, 2012.

Jonathan Blake Davis
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-029910
12-029910 •09/26&10/03

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
11sp1155

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BEVERLY G. VANHOOK DATED JANUARY 11, 2007 AND RECORDED IN BOOK 5130 AT PAGE 1952 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 10R, Phase 1, Ocean Dunes Forest, as shown on that certain plat recorded in Plat Book 32 at Page 388 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  105 Camp Wyatt Ct, Kure Beach, NC 28449

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Beverly G. Vanhook, Trustee of the Beverly G. Vanhook Revocable Living Trust Dated April 22, 2005.

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 14, 2012.

The Ford Firm, PLLC
Substitute Trustee
David R. Ford, Member-Manager
P.O. Box 701
Clayton, NC 27528
(919) 550-2100
08-100465
08-100465 •09/26&10/03

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
BEFORE THE CLERK
NORTH CAROLINA
NEW HANOVER COUNTY
10 SP 2168

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM WINNER, LLC, TO SPRUILLCO, LTD., TRUSTEE, DATED DECEMBER 2, 2007, RECORDED IN BOOK 5257, PAGE 915, NEW HANOVER COUNTY REGISTRY

AMENDED NOTICE OF FORECLOSURE SALE

Pursuant to an order entered May 10, 2011, in the Superior Court for New Hanover County, and the power of sale contained in the captioned deed of trust (“Deed of Trust”), the undersigned Trustee will offer for sale at auction, to the highest bidder for cash,
AT THE COURTHOUSE DOOR IN WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA ON OCTOBER 4, 2012, AT 11:00 O’CLOCK A.M.
the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in New Hanover County, North Carolina, and being more particularly described as follows:
Tract 1: BEGINNING at a cypress tree standing on the west bank of the Cape Fear River on the North edge and at the mouth of a canal about 90 poles South from the causeway and running thence up said canal North 77 degrees West 7.95 chains to a post on the South edge of said canal at a rice field bank, the Brunswick County line, thence due North along said line and said bank, with its center to a stake, same being the corner of the land sold by A.H. Harris and wife, to the Diamond Steamboat and Wrecking Co.; thence North about 82-1/2 degrees East along the Southern line of lands sold by A.H. Harris and wife, to the Diamond Steamboat and Wrecking Co., to the Cape Fear River, thence with the line of the Cape Fear River South to the beginning at a large cypress tree. Being the same property described in deed to R.R. Stone dated January 25, 1924 and recorded in Book 150, Page 286 of the New Hanover County Registry.
Tract 2: BEGINNING at the southeast corner of a tract of land formerly owned by Alexander Oldham, at a point in front of the wharf 572 feet Southwardly from the causeway road, said point being the Northeast corner of the tract of land purchased by the Diamond Steamboat and Wrecking Company from A.H. Harris and wife, runs thence South 83-1/4 degrees West 792 feet more or less to a marble post in the County line between New Hanover and Brunswick Counties; thence Northwardly with the said County line 92 feet; thence North 83-1/4 degrees East 792 feet more or less to the Cape Fear River; thence Southwardly with the front of the wharf and along the said river 92 feet to the beginning, being the same tract purchased by J. L. Gore from Joseph H. Chadbourn and Company by deed dated August 13, 1893 and duly recorded in Book TTT at Page 255 of the New Hanover County Registry. Being the same property described as the First Tract in the deed to R.R. Stone dated June 22, 1932 and recorded in Book 232, Page 92 of the New Hanover County Registry.
Tract 3: BEGINNING at a point on the West bank of the Cape Fear River on Eagles’ Island 301 feet Northwardly from the point where the center of Orange Street if extended, would intersect the Western bank of the Cape Fear River, and 572 feet from the Southern line of the causeway road, now or formerly Alexander Oldham’s corner; thence South 83-1/4 degrees West 12 chains to a marble post in the New Hanover - Brunswick County line; thence South with the said County line 2 chains and 23 links to a stake thence North 83-1/4 degrees East 11 chains 92 links to the Cape Fear River and thence North along the shore line of the river 146 feet to the point of beginning, the same being the tract described in a deed from J.S. Williams and wife, to Edgar D. Williams and wife by deed duly recorded in Book 71 at Page 684 of the New Hanover County Registry: And being the same property described as the Second Tract in deed to R.R. Stone dated June 22, 1932 and recorded in Book 232, Page 92 of the New Hanover County Registry.
Tract 4: BEGINNING on the river 280 feet Southwardly from the Southern line of the Causeway running thence South 86 degrees West 8 chains, 25 links; thence North 1 degree West 4 chains 10 links to the causeway; thence with the causeway Westwardly 3 chains 68 links to the Brunswick County line; thence with the Brunswick County line Southwardly 6 chains 41 links to DeRosset’s corner; thence with DeRosset’s line North 83-3/4 degrees East 12 chains more or less to the river; thence Northwardly with the Western bank of the river 200 feet to the beginning, the same being part of Blocks 396, 397, 398, 399, 400 and 401 according to the official plan of the City of Wilmington, N.C. and being the land conveyed by Sol C. Weil, Commissioner to George W. Williams, Trustee, by deed dated March 1, 1888 and duly recorded in Book AAAA at Page 440 of the New Hanover County Registry. And Being the same property described in Deed to R.R. Stone dated August 19, 1939 and recorded in Book 297, Page 163 of the New Hanover County Registry.
The above four tracts being all of Tracts XXVIII, XXIX, XXX and XXXI of that Deed recorded in Book 1113, at Page 385 in the New Hanover County Registry.
Tract 5: BEGINNING on the Western side of the Cape Fear River, at the Northeast corner of a tract of land conveyed by George L. Morton and wife, to M. J. Corbett, Trustee, by deed dated the 9th of October, 1915, and recorded in the records of the New Hanover County, NC in Book 87 at Page 218, and said corner being 280 feet Southwardly from the southern side of the ditch or canal which runs by the side of the causeway or main road over Eagles Island, and said BEGINNING point being the Southeastern corner of the wharf now or formerly owned by the North Carolina line: thence with the dividing line between the party of the first part and M. J. Corbett, Trustee, South 89 degrees 35 minutes West (passing through iron pipes at distances 51 feet and 370.2 feet) 551.7 feet to an iron pipe, located near the west edge of a road; thence North 3 degrees 12 minutes East along the West side and edge of said road 271.6 feet to a stake in the southern edge of the above-mentioned causeway (said stake being located 16 feet East and 8 feet North of the Northeast corner of the concrete base of a stable or warehouse, and near the Southern edge of the above-mentioned causeway, canal or ditch); thence North 89 degrees 05 minutes East along the Southern edge of said causeway 502.5 feet to the edge of the wharf; thence the same course continued to the Channel of the Cape Fear River; thence down the Channel of said River in a Southerly direction to a point that bears North 89 degrees 35 minutes East from the BEGINNING, thence South 89 degrees 35 minutes west to the BEGINNING; the same being formerly part of Blocks 396 and 397 according to the official plan of the City of Wilmington, NC and according to a survey made by Lewis L. Merritt, C.E., in March 1931, and being the same tract of land conveyed to D. L. Gore by deed, duly recorded in the records of New Hanover County, NC in Book 23 at Page 661, and being also the same tract of land conveyed to J. Dallas Orrell and wife, Virginia B. Orrell, by North Carolina line by deed dated January 14, 1944 and duly recorded in Book 355 at Page 231 of the records of the Register of Deeds of New Hanover County aforesaid.  Being also same tract of land conveyed to P & P, Inc. by deed recorded in Book 963 at Page 870 of the New Hanover County Registry.
THE FOLLOWING IS EXCEPTED FROM THE PROPERTY DESCRIPTION:
Beginning at an iron pipe in the southern line of USS N.C. Battleship Road (NC Secondary Road # 1352), (60 foot wide right of way) that is located North 84 degrees 52 minutes 12 seconds East 260.00 from the intersection of the Southern line of said Battleship Road with the Eastern line of International Paper Co. Road, (Secondary Road #1300), (60 foot wide right of way), and runs thence FROM THE POINT OF BEGINNING, along the southern line of said Battleship Road, North 84 degrees 54 minutes 12 seconds East, 150.0 feet to an iron pipe at the terminus of said road, and in the West bank of the Cape Fear River, thence, continuing along the same course, North 84 degrees 54 minutes 12 seconds East, 85 feet, more or less to the US Harbor Line of the Cape Fear.
In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.
 
The record owner(s) of the real property not more than ten days prior to the date hereof are Winner, LLC.
 
A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder.  The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale.  The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed.
 
This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust.  This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.
 
The purchaser of the property described above shall pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A 308(a)(1) of the North Carolina General Statutes.  * If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.
 
To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following:
 
a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and
 
b. 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. 

This 12th day of September, 2012.

 SPRUILLCO, LTD., Trustee
By:  David M. Warren, Esq.
President
N.C. Bar No.  12581
P.O. Box 1801
Raleigh, NC 27602-1801
Telephone  (919) 783-2918
10 SP 2168
10 SP 2168  •09/26 & 10/03

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP665

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BRENDA PARKER CHILDERS DATED AUGUST 19, 2002 AND RECORDED IN BOOK 3403 AT PAGE 224 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 October 10, 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 southern edge of Gordon Road, said point being located at the intersection of the southern edge of Gordon Road with the western edge of Patsy Lane (60 foot right of way); thence, from said Beginning, westwardly along the southern edge of Gordon Road 100 feet; thence southwardly and parallel with Patsy Lane 200 feet; thence eastwardly and parallel with Gordon Road 100 feet to the western edge of Patsy Lane; thence northwardly along the western edge of Patsy Lane 200 feet to the point of Beginning; and being the same property conveyed or intended to be conveyed by David H. White, et ux to Curtis R. Shepard, et ux by deed date September 30, 1958 and recorded October 4, 1958 in Book 626, Page 232 of the New Hanover County Registry.

And Being more commonly known as:  6226 Gordon Rd, Wilmington, NC 28411

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

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 19, 2012.

Jonathan Blake Davis
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
11-022458
11-022458 •09/26&10/03

 


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 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

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. 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

 


Notice To Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000650

The undersigned, having qualified as Executor of the Estate of Marion Marino, 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

Nicholas Marino, Executor
7519 Promontory Court
Wilmington NC 28412
.09/19,09/26,10/03&10/10

 


Notice To Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000968

The undersigned, having qualified as Executrix of the Estate of Dorothy Reynolds Bryant Morris, 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 28th 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 26th  day of September, 2012

Barbra Buck, Executrix
2403 Pinecroft Road
Greensboro NC 27407
PD 09/26,10/03,10/10&10/17

 


Notice To Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000965

The undersigned, having qualified as Administrator of the Estate of Carole Alice Tweedie Lorenz, 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 28th 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 26th  day of September, 2012

David N. Lorenz, Administrator
7837 Cypress Island Drive
Wilmington NC 28412
PD 09/26,10/03,10/10&10/17

 


Notice To Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12 E 877

The undersigned, having been duly qualified as Executor of the Estate of Betty S. Clark, Deceased, of New Hanover County, North Carolina, hereby notifies all persons having claims against said Estate to present them to the undersigned at 121 Marsh View Trail, Wilmington, North Carolina, 28412, on or before the 27th 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 21st day of September, 2012.

EDWIN H. CLARK, JR.,
Executor
121 Marsh View Trail
Wilmington, NC 28412
09/26,10/03,10/10&10/17

 


Notice To Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000919

The undersigned, having qualified as Executor of the Estate of Nancy Scarlette Jones, 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 28th 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 the 26th day of September, 2012.

Jeffrey D. Hogan., Executor
841 S. 17th Street
Wilmigton NC 28401
09/26,10/03,10/10&10/17

 


Notice To Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E000957

The undersigned, having qualified as Executrix of the Estate of James Richard Smith, 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 28th 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 the 26th day of September, 2012.

Linda V. Smith., Executrix
5008 Gate Post Lane
Wilmington NC 28412

09/26,10/03,10/10&10/17