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Back You are here: Home Classifieds Sections Legal Notices Legal Notices for November 28, 2012

Legal Notices for November 28, 2012

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1097

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY LEON ANTONIO BEATTY AND CHRISTINA L. BEATTY DATED APRIL 24, 2003 AND RECORDED IN BOOK 3831 AT PAGE 840 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 December 5, 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 real estate located in the County of New Hanover, State of North Carolina, more particularly described as follows: All of Lot 18R in Saratoga Place Subdivision, Section 1, Phase 1, as the same is shown on a revised map recorded in Map book 35, Page 273 in the New Hanover County Registry and being the same lands as described in instrument recorded in Book 2525 Page 349 in said registry.

And Being more commonly known as:  4907 Pin Oak Dr, Wilmington, NC 28411

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Leon Antonio Beatty AKA Leon Antonie Beatty and Christina L. Beatty.

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 November 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/
10-009659
10-009659 •11/21&11/28

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1163

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MICKEY D. WHITE AND KAREN R. WHITE DATED JANUARY 25, 2007 AND RECORDED IN BOOK 5134 AT PAGE 1281 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 December 6, 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 739 Section 11 Kings Grant Subdivision as shown on a map of same duly recorded in Map Book 14, PAge 5 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  917 Spring Valley Rd, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Mickey D. White and Karen R. White.

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 November 15, 2012.

Jonathan Blake Davis
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
08-104957
08-104957 •11/28&12/05

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP654

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY PHILLIP B. EVERHART AND HOLLIE W. EVERHART AKA HOLLIE EVERHART DATED JUNE 20, 2007 AND RECORDED IN BOOK 5197 AT PAGE 2690 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 December 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:

Being all of Lot #7, in Block 1, Hanby Beach, according to the map of Section 3, Hanby Beach, same being recorded in Map Book 5 at Page 37 in the Office of the Register of Deeds of New Hanover County. This deed is made subject to restrictions applicable to Hanby Beach, Sections 2 and 3, bearing date of July 27, 1950 and duly recorded in Book 466 Page 192, of the Registry of New Hanover County.

And Being more commonly known as:  113 Dow Ave, Kure Beach, NC 28449

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Phillip B. Everhart and Hollie Everhart.

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/
12-027489
12-027489 •11/28&12/05

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1106

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WILLIAM J. SUTHERLAND AND COLEEN REILLY-SUTHERLAND AKA COLLEEN SUTHERLAND DATED JUNE 4, 2003 AND RECORDED IN BOOK 3825 AT PAGE 720 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 December 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 Eastern line of Mercer Avenue, said point being located 678.6 feet Southwardly along the center line of Mercer Avenue from a stone located on said center line and opposite the dividing line between Blocks 6 and 7 of Mercer Place, and 15 Eastwardly from said center line; running thence South 88 degrees 30 minutes East and at right angles to Mercer Avenue 100 feet, to a corner, thence South 1 degree 30 minutes West and parallel with Mercer Avenue 52.2 feet to a corner, thence North 88 degrees 30 minutes West 100 feet to a point In the Eastern line of Mercer avenue, thence North 1 degree 30 minutes East and along the Eastern line of Mercer Avenue 52.2 feet to the point of Beginning, being all of Lot 2, Block 10, East, according to the official plan of Mercer Place as recorded in Map Book 3 at Page 56 of the New Hanover County Registry.

And Being more commonly known as:  321 Mercer Ave, Wilmington, NC 28403

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are William J. Sutherland and Coleen R. Sutherland.

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 November 8, 2012.

Jonathan Blake Davis
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-026682
12-026682 •11/28&12/05

 


Notice of Foreclosure Sale

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY

Under and by virtue of an order of the Clerk of Superior Court of New Hanover County, North Carolina authorizing foreclosure in SPECIAL PROCEEDING NO. 12 SP 1224 entitled “In the Matter of the Foreclosure of the Deed of Trust from Ogden Group, LLC” which Deed of Trust was recorded in Book 4988, at Page 436 in the Office of the Register of Deeds of New Hanover County, North Carolina (the “Deed of Trust”) and the power and authority contained in the Deed of Trust; and after a hearing pursuant to the provisions of Article 2A of Chapter 45 of the General Statutes of the State of North Carolina; and because of default in the payment of the indebtedness secured by the Deed of Trust and failure 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 said Deed of Trust, the undersigned, Kurt B. Fryar, Substitute Trustee, will expose for sale at public auction to the highest bidder for cash on the 12th DAY OF DECEMBER, 2012, AT 11:10 A.M. at the New Hanover County Courthouse, Wilmington, North  Carolina, the real property of Ogden Group, LLC, described on Exhibit A, attached hereto and incorporated herein.

The record owner of the real property as reflected on the records of the New Hanover County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Ogden Group, LLC.

TERMS OF SALE: Should the property be purchased by a third party, that purchaser must pay, in addition to the amount bid, the following items: (i) the fee required by N.C. Gen. Stat. § 7A-308(a)(1) of Forty-Five Cents (45¢) per One Hundred Dollars ($100) or major fraction thereof of the bid amount up to a maximum fee of Five Hundred Dollars ($500), and (ii) the excise tax on conveyances required by N.C. Gen. Stat. § 105-228.28 et seq. of One Dollar ($1) per Five Hundred Dollars ($500) or fractional part thereof of the bid amount.
   
Pursuant to N.C. Gen. Stat. § 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in the minimum amount of $1,000.00 and not to exceed ten (10%) percent of the amount of the bid.  Any successful bidder shall be required to tender the full balance purchase price of bid in cash or certified check at the time the Substitute 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 of bid at that time, he shall remain liable on his bid as provided for in N.C. Gen. Stat. § 45-21.30(d) and (e).

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 Substitute Trustee nor the holder of the note secured by the Deed of Trust, or both, being foreclosed, nor the officers, attorneys, employees, agents, or authorized representatives of either the Substitute Trustee or the holder of the note make any 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition are expressly disclaimed.  The property is being sold subject to all prior liens, unpaid taxes, matters of survey, restrictions, encumbrances, leases and easements of record, and assessments, if any.

SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant 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 ten (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.

This sale will be held open ten (10) days for upset bids as required by law.

This the 21st day of November, 2012.

Kurt B. Fryar,
Substitute Trustee,
106 N. Water Street, Suite 110
Wilmington, North Carolina 28401
Telephone: (910)763-8350
12 SP 1224
12 SP 1224 •11/28&12/05

EXHIBIT A: Tract 1: BEGINNING at a point in the southernmost line of Lendire Road (60-foot right-of-way), where the same is intersected by the common dividing line between Section 2, OGDEN BUSINESS PARK, and the tract labeled “Future Development,” as the same is shown on the map for Section 2, OGDEN BUSINESS PARK, recorded in Condominium Plat Book 14, at Page 200, of the New Hanover County Registry, and running thence, from the beginning point, with and along the right-of-way line of Lendire Road, South 44 degrees 27 minutes 51 seconds East, 175.00 feet to the point of intersection of the southernmost right-of-way line of Lendire Road with the westernmost intersection of Ogden Business Lane (60-foot right-of-way); thence, with and along the westernmost line of Ogden Business Lane, South 45 degrees 44 minutes 37 seconds West, 495.80 feet to a point; thence North 64 degrees 45 minutes 42 seconds West, 14.41 feet to a point; thence, North 44 degrees 27 minutes 51 seconds West, 161.50 feet to a point at the southeast corner of Section 2, OGDEN BUSINESS PARK; thence, with and along the easternmost dividing line of Section 2, OGDEN BUSINESS PARK, North 45 degrees 44 minutes 37 seconds East, 500.80 feet to the POINT OF BEGINNING; the same being all of that tract labeled “Future Development” on the map of Section 2, OGDEN BUSINESS PARK, recorded in Condominium Plat Book 14, at Page 200, of the New Hanover County Registry.

EXHIBIT A: Tract 2:BEGINNING at a point in the southernmost line of Lendire Road (60-foot right-of-way), which is South 44 degrees 27 minutes 51 seconds East, 235.00 feet from a point where the southernmost line of Lendire Road is intersected by the common dividing line between Section 2, OGDEN BUSINESS PARK, and the tract labeled “Future Development,” as the same is shown on the map of Section 2, OGDEN BUSINESS PARK, recorded in Condominium Plat Book 14, at Page 200, of the New Hanover County Registry, and running thence, from the beginning point, South 45 degrees 44 minutes 37 seconds West, 833.10 feet to a point; thence South 51 degrees 22 minutes 11 seconds East, 62.98 feet to a point in the easternmost line of the property owned by Ogden Business Park, LLC; thence, with said easternmost line, North 45 degrees 44 minutes 37 seconds East, 825.53 feet to a point in the southernmost line of Lendire Road; thence, with said southernmost line of Lendire Road; North 44 degrees 27 minutes 51 seconds West, 62.50 feet to the POINT OF BEGINNING.

The above tract is conveyed subject to, and together with, the following easements: a 40-foot drainage easement and a 30-foot utility easement and a 10-foot easement to AT&T, all as shown on the map for Section 2, OGDEN BUSINESS PARK, recorded in Condominium Plat Book 14, at Page 200, of the New Hanover County Registry.

EXHIBIT A: Tract 3: BEGINNING at a point in the southernmost line of Lendire Road (60-foot right-of way), which is South 44 degrees 27 minutes 51 seconds East, 235.00 feet from a point where the southernmost line of Lendire Road is intersected by the common dividing  line between Section 2, OGDEN BUSINESS PARK, and the tract labeled “Future Development,” as the same is shown on the map of Section 2, OGDEN BUSINESS PARK, recorded in Condominium Plat Book 14, at Page 200, of the New Hanover County Registry, and running thence, from the beginning point, South 45 degrees 44 minutes 37 seconds West, 833.10 feet to a point; thence North 51 degrees 22 minutes 11 seconds West, 60.47 feet to the westernmost line of Ogden Business Lane (60-foot right-of-way); thence, with and along the westernmost right-of-way of Ogden Business Lane, North 45 degrees 44 minutes 37 seconds East, 840.37 feet to its intersection with the southernmost line of Lendire Road (60-foot right-of-way); thence, with the southernmost line of Lendire Road, South 45 degrees 27 minutes 51 seconds East, 60.00 feet to the BEGINNING POINT; the same being the underlying fee to that tract designated as a 60-foot access easement and shown as Ogden Business Lane on the map for Section 2, OGDEN BUSINESS PARK, as recorded in Condominium Plat Book 14, at Page 200, of the New Hanover County Registry.

EXHIBIT A: TOGETHER WITH that certain 60’ access easement as shown on Map Book 39 at Page 113 of the New Hanover County Registry, lying adjacent to and on the northeasterly side of said tract extending from the northern corner of Tract “C” R in an easterly direction until its intersection with the western line of Market Street.

TOGETHER WITH the non-exclusive right-of-way over Tract D as shown on the map recorded in Map Book 33 at Page 292 of the New Hanover County Registry which was granted to Deloris C. Ryals in Book 2745 at Page 630 of the New Hanover County Registy. 




 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E001085

The undersigned, having qualified as Administrator of the Estate of Patrick Wright Atkinson, 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 7th day of February, 2013, 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 7th day of November, 2012.

F. Richard Atkinson, Administrator
96 Genoes Point Road
Supply, NC 28462
Bill 11/07,11/14,11/21&11/28

 


Notice to Creditors

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

Having qualified as Executor of the Estate of the late John B. Uhl of New Hanover County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to present them, duly verified, to the undersigned at c/o Paula A. Kohut, Kohut, plic 1422 Country Club Road, Wilmington, North Carolina 28403 or before the 7th day of February, 2013, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate settlement with the undersigned.

This the 7th day of November, 2012.

John W. Uhl
Executor of the Estate of
John B. Uhl
c/o Paula A. Kohut
Kohut, pllc
1422 Country Club Road
Wilmington, NC 28403
Bill 11/07,11/14,11/21&11/28

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E001136

The undersigned, having qualified as Executor of the Estate of Margaret Garrison Hauser, 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 14th day of February, 2013, 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 14th day of November, 2012.

Larry Joe Hauser, Executor
7854 Trap Way
Wilmington NC 28412
Pd 11/14,11/21,11/28&12/05

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E001121

The undersigned, having qualified as Administrator of the Estate of George Victor Larson 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 7th day of February, 2013, 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 7th day of November, 2012.

Joel Reid Larson, Administrator
322 Willow Woods Dr.
Wilmington NC 28409
Bill 11/07,11/14,11/21&11/28

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E001097

The undersigned, having qualified as Administrator of the Estate of Barbara Lee Bowman 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 31st day of January, 2013, 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 31st day of October, 2012.

Aubrey Clarence Jones,
Administrator
201 Brookfield Dr.
Wilmington NC 28405
Bill 10/31,11/07,11/14&11/21

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E001124

The undersigned, having qualified as Executrix of the Estate of Jacob Petker, 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 14th day of February, 2013, 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 14th day of November, 2012.

Jill C. Fetch, Executrix
105 Cumulus Court
Cary NC 27513
Pd 11/14,11/21,11/28&12/05

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
NOTICE TO CREDITORS
FILE NO. 12 E 1157

In the Matter of the Estate of Constance Lynn Cain Home, Deceased.

The undersigned, having qualified as Administrator of the Estate of Constance Lynn Cain Home, deceased, this is to notify all creditors of said Estate to file their claims against the same on or before February 21, 2013, or this Notice will be pleaded in bar of same. All persons indebted to said Estate will please make payment of such indebtedness at once. All claims against said Estate are to be filed with, and all debts owed to said Estate are to be paid to, the undersigned in care of Marshall, Williams & Gorham, L.L.P., 14 South Fifth Street, Post Office Drawer 2088, Wilmington, North Carolina 28402.

This the 21st day of November, 2012.

SUE C. ROBINSON
Administrator of the Estate of
Constance Lynn Cain Home,
Deceased

Lonnie B. Williams, Jr.
MARSHALL, WILLIAMS & GORHAM, L.L.P.
P.O. Drawer 2088
Wilmington, NC 28402-2088
Telephone (910) 763-9891
ATTORNEYS FOR THE ESTATE OF CONSTANCE LYNN CAIN HORNE
11/21,11/28,12/05&12/12/12

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E001168

The undersigned, having qualified as Executor of the Estate of Betty S. Rusnak, 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 February, 2013, 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 21st day of November, 2012.

Lee G. Harris, Executor
273 Shannon Dr.
Wilmington NC 28409
11/21,11/28,12/05&12/12/12

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E001182

The undersigned, having qualified as Executor of the Estate of Jo Stella Lamkin Leutgens, 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 February, 2013, 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 28th day of November, 2012.

John J. Leutgens, Executor
5301 Manted Court
Wilmington NC 28412
11/28,12/05,12/12&12/19/12

 


Notice of Foreclosure Sale

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY

Under and by virtue of an order of the Clerk of Superior Court of New Hanover County, North Carolina authorizing foreclosure in SPECIAL PROCEEDING NO. 12-SP-1448 entitled “In the Matter of the Foreclosure of the Deed of Trust from 108 Walnut, LLC” which Deed of Trust was recorded in Book 5333, at Page 2221, as assigned in Book 5507, at Page 1512 and as modified in Book 5518, at Page 1038, all in the Office of the Register of Deeds of New Hanover County, North Carolina (collectively, the “Deed of Trust”) and the power and authority contained in the Deed of Trust; and after a hearing pursuant to the provisions of Article 2A of Chapter 45 of the General Statutes of the State of North Carolina; and because of default in the payment of the indebtedness secured by the Deed of Trust and failure 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 said Deed of Trust, the undersigned, Kurt B. Fryar, Substitute Trustee, will expose for sale at public auction to the highest bidder for cash on the 12th DAY OF DECEMBER, 2012 AT 11:00 A.M. at the New Hanover County Courthouse, Wilmington, North  Carolina, the real property of 108 Walnut, LLC, described as follows:

BEING ALL OF UNIT 6G, Water Street Center, a Condominium according to the plat and plans thereof recorded in Condominium Plat Book 12 at Pages 222 thru 232, in the office of the Register of Deeds of New Hanover County, North Carolina, reference to which is hereby made for a more particular description.

TOGETHER WITH AND SUBJECT TO all rights, privileges, duties and obligations appurtenant to said condominium units as set forth in the Declaration of Water Street Center, A Condominium as recorded in Book 2991 at Page 570, et seq. Of said New Hanover County Registry.

The record owner of the real property as reflected on the records of the New Hanover County Register of Deeds not more than ten (10) days prior to the posting of this Notice is 108 Walnut, LLC.

TERMS OF SALE: Should the property be purchased by a third party, that purchaser must pay, in addition to the amount bid, the following items: (i) the fee required by N.C. Gen. Stat. § 7A-308(a)(1) of Forty-Five Cents (45¢) per One Hundred Dollars ($100) or major fraction thereof of the bid amount up to a maximum fee of Five Hundred Dollars ($500), and (ii) the excise tax on conveyances required by N.C. Gen. Stat. § 105-228.28 et seq. of One Dollar ($1) per Five Hundred Dollars ($500) or fractional part thereof of the bid amount.

Pursuant to N.C. Gen. Stat. § 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit not to exceed ten percent (10%) of the amount of the bid.  Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute 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 that time, he shall remain liable on his bid as provided for in N.C. Gen. Stat. § 45-21.30(d) and (e).

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 Substitute Trustee nor the holder of the note secured by the Deed of Trust, or both, being foreclosed, nor the officers, attorneys, employees, agents, or authorized representatives of either the Substitute Trustee or the holder of the note make any 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition are expressly disclaimed.  The property is being sold subject to all prior liens, unpaid taxes, matters of survey, restrictions, encumbrances, leases and easements of record, and assessments, if any.

SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant 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 ten (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.
   
This sale will be held open ten (10) days for upset bids as required by law.

This the 14th day of November, 2012.
Kurt B. Fryar,
Substitute Trustee,
106 N. Water Street, Suite 110
Wilmington, North Carolina 28401
Telephone: (910)763-8350
12-SP-1448
12-SP-1448•11/28&12/05