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Back You are here: Home Classifieds Sections Legal Notices Legal Notices for June 12, 2013

Legal Notices for June 12, 2013

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP588

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY HARRIET KING HOWARD DATED MARCH 26, 2007 AND RECORDED IN BOOK 5161 AT PAGE 2231 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 1:00PM on June 17, 2013 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 the intersection of the Northern line of Nun Street and the eastern line of 14th Street and from said beginning point running thence northwardly along the eastern line of 14th Street 33 feet to a point, thence eastwardly and parallel with Nun Street 100 feet to a point, thence southwardly and parallel with 14th Street 33 feet to a point in the northern line of Nun Street, thence Westwardly along the northern line of Nun Street 100 feet to the point of beginning, the same being a part of Lot 6 in Block 499 according to the official plan of the city of Wilmington, NC.

And Being more commonly known as:  315 South 14th St, Wilmington, NC 28401

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

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 May 17, 2013.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-024098
12-024098-CWF •06/05 & 06/12

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
13SP304

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY TODD D. HODGE AND DIANE L. FERRARI DATED MAY 15, 2007 AND RECORDED IN BOOK 5186 AT PAGE 1316 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 11:30AM on June 19, 2013 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 line of Market Street 132 feet Eastwardly from its intersection with the Eastern line of Seventh Street, running thence Eastwardly in the Southern line of Market Street 53 feet to the Northwestern corner of a parcel of land conveyed by James Grant and Kiziah A. Grant to N.CA Ahrens; thence Southwardly and parallel with Seventh Street 200 feet; thence Westwardly and parallel with Market Street 53 feet; thence Northwardly and parallel with Seventh Street 200 feet to the point of beginning, being part of Lots 1,2,3, and 4 in Block 158 according to the Official Wilmington Plan as prepared by James and Brown in 1870 and being also the same property conveyed by Eliza Ann Wright et al to Ann Caypole Meares, wife of Walker Meares, by deed dated September 27,1878 and recorded in Book 000 Page 143 in the New Hanover County Registry.

And Being more commonly known as:  712 Market St, Wilmington, NC 28401

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Todd D. Hodge and Diane L. Ferrari.

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 May 29, 2013.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
13-039770
13-039770 •06/05 & 06/12

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
13SP444

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ERIC IRIZARRY DATED NOVEMBER 7, 2006 AND RECORDED IN BOOK 5103 AT PAGE 742 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 11:30AM on June 19, 2013 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 in the western line of Fourteenth Street 82 1/2 feet northwardly from its intersection with the northern line of Castle Street, and runs thence westwardly and parallel with Castle Street 66 feet; thence northwardly and parallel with Fourteenth Street 82 1/2 feet to the Southern line of Glenn Street; thence eastwardly along said line of Glenn Street 66 feet to the said western line of Fourteenth Street; thence southwardly along said line of Fourteenth Street 82 1/2 feet to the point of beginning. Same being parts of Lots 4 and 5 in Block 506, according to the Official Plan of the City of Wilmington, and also being the same property conveyed in Book 347 at Page 424, Book 1295 at Page 211, and Book 4997 at Page 423 of the New Hanover County Registry.

And Being more commonly known as:  508 South 14th St, Wilmington, NC 28401

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

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 May 29, 2013.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
13-039950
13-039950 •06/05 & 06/12

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1570

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ED HERRING AND VIVIAN HERRING DATED NOVEMBER 26, 2007 AND RECORDED IN BOOK 5258 AT PAGE 1042 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 11:30AM on June 20, 2013 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 SITUATE IN THE CITY OF WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING IN THE SOUTHERN LINE OF CASTLE STREET AT A POINT 68 FEET EASTWARDLY FROM ITS INTERSECTION WITH THE EASTERN LINE OF TWELFTH STREET, RUNNING THENCE EASTWARDLY ALONG SAID LINE OF CASTLE STREET 38 FEET; THENCE SOUTHWARDLY PARALLEL WITH TWELFTH STREET 93 FEET TO A 10 FOOT ALLEY; THENCE WESTWARDLY ALONG THE NORTHERN LINE OF SAID ALLEY AND PARALLEL WITH CASTLE STREET 38 FEET; THENCE NORTHWARDLY AND PARALLEL WITH TWELFTH STREET 93 FEET TO THE BEGINNING. THE SAME BEING A PART OF LOT NOS. 1 AND 2, IN BLOCK 84, ACCORDING TO THE PLAN OF THE CITY OF WILMINGTON PREPARED BY JAMES AND BROWN IN 1870.

And Being more commonly known as:  1206 Castle St, Wilmington, NC 28401

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

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 May 30, 2013.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-034696
12-034696 • 06/05 & 06/12

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1657

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JASON KIRSHNER DATED JANUARY 15, 2007 AND RECORDED IN BOOK 5133 AT PAGE 2971 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 11:30AM on June 26, 2013 the following described real estate and any other improvements which may be situated thereon, in New Hanover County, North Carolina, and being more particularly described as follows:

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

BEING A UNIT OWNERSHIP IN REAL PROPERTY UNDER AND PURSUANT TO CHAPTER 47C OF THE NORTH CAROLINA GENERAL STATUTES AND BEING MORE PARTICULARLY DESCRIBED AS UNIT 3 OF BUILDING II OF WILLOUGHBY PARK OF WILMINGTON CONDOMINIUM, ON A PLAT ENTITLED “WILLOUGHBY PARK, PHASE 5-B” RECORDED IN CONDOMINIUM PLAT BOOK 13 AT PAGES 13 THRU 15 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.

And Being more commonly known as:  1418 Willoughby Park Ct Unit 3, Wilmington, NC 28412

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Jason Kirshner and Shana Starr.

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 May 21, 2013

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-035931
12-035931 •06/12&06/19

 


Process by Publication

NOTICE OF SERVICE OF PROCESS REGARDING
COMPLAINT FOR MONIES OWED
STATE OF NORTH  CAROLINA
COUNTY OF NEW HANOVER
In the General Court of Justice Superior Court Division  (13-CVS-1294)
Bank of Hampton Roads, successor by
merger to Gateway Bank & Trust Co.
v.
Elizabeth A. Cooper and Lee C. Scanlon

To:  Elizabeth A. Cooper

Please take notice that on or about April 1, 2013, Plaintiff Bank of Hampton Roads, successor by merger to Gateway Bank & Trust Co. (“BHR”) filed with the above-entitled Court a Complaint for Monies Owed, pursuant to N.C.G.S. § 6-21.2.  The nature of the relief being sought is as follows:
Pursuant to a Promissory Note executed by Elizabeth A. Cooper and Lee C. Scanlon on October 2, 2008, BHR is owed a balance in the amount of $88,144.01, plus interest accruing at the contract rate from December 17, 2012 until the date of judgment and thereafter at the legal rate, plus attorney’s fees pursuant to the terms of the Note and N.C.G.S. § 6-21.2. 
You are required to make a defense to the Complaint not later than July 19, 2013, and upon failure to do so the party seeking service against you will apply to the Court for the relief sought.

This the 5th day of June, 2013.

David M. Warren, Esq.
POYNER SPRUILL LLP
Post Office Box 1801
Raleigh, North Carolina  27602
(919) 783-6400
Attorneys for Plaintiff
13-CVS-1294
13-CVS-1294•06/05, 06/12 & 06/19

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS – File 13 E 85

The undersigned, having been duly qualified as Executrix of the Estate of Naomi P. Fannin, 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 22nd day of April, 2013, or this Notice shall be August in bar of any recovery.  All persons indebted to said Estate will please make immediate payment to the undersigned.

This the 22nd day of May, 2013.

Janis Swain Harris, Executrix

NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
PD 5/22-06/12

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
In the General Court Division before the clerk

NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000530

In the Matter of the Estate of
 Jane D. Hobbs, Deceased.

The undersigned, having qualified as Executor of the Estate of Jane D. Hobbs, deceased, this is to notify all creditors of said Estate to file their claims against the same on or before August 29, 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 Avenue, Post Office Drawer 2088, Wilmington, North Carolina 28402.

This the 29th day of May, 2013.

LONNIE B. WILLIAMS, JR.,
Executor of the Estate of
Jane D. Hobbs,
Deceased
05/29-06/19

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000656

The undersigned, having qualified as Executor of the Estate of Peter D. Levett AKA Peter Dennis Levett 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 5th day of September, 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 5th day of June, 2013.

David Levett, Executor
915 Shoreline Dr. W
Sunset Beach NC 28468
 06/05-06/26/13

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000624

The undersigned, having qualified as Administratrix of the Estate of Mildred Lewis Curley 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 5th day of September, 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 5th day of June, 2013.

Lynda Curley Gainey,
 Administratrix
104 Lambs Court
Wilmington NC 28412
PD 06/05-06/26/13

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Notice of Personal
Property Sale

To: Benjamin Fenninger
2001 Elantra GLS

From: SUPERIOR
AUTOMOTIVE
105 SUMTER AVENUE
CAROLINA BEACH NC. 28428

NOTICE OF SALE

The above named lienor, pursuant to the assertion of lien, will sell a vehicle on which said lien is claimed for unpaid repairs and other charges.

The sale of such property will take place at 9:00am on the day of June 14th, 2013 at SUPERIOR AUTOMOTIVE, 105 SUMTER AVENUE., CAROLINA BEACH NC 28428.

Terms: CASH and CARRY
PD 06/05 & 06/12

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
BEFORE THE CLERK
12 SP 1683

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM CARLY HOLDINGS, LLC, TO GBTC, TRUSTEE, DATED NOVEMBER 29, 2007, RECORDED IN BOOK 5255, PAGE 2291, NEW HANOVER COUNTY REGISTRY

NOTICE OF SALE

Pursuant to an order entered May 13, 2013, 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 Substitute 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 JUNE 13, 2013,
AT 11:00 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:

BEING ALL of Unit 6622A, Building B, Phase I, GORDON ROAD STATION RETAIL CENTER AND BUSINESS PARK as shown on the plat thereof recorded in Map Book 49, Page 285, New Hanover County, reference to said map being hereby made for a more particular description.

TOGETHER WITH AND SUBJECT TO that certain Declaration of Easements, Covenants, Conditions and Restrictions, PHASE I, GORDON ROAD STATION RETAIL CENTER AND BUSINESS PARK recorded in Book 5018, Page 456, New Hanover County Registry, reference to which is hereby made for a more particular description, including, but without limitation, all rights, privileges, duties and obligations of membership in GORDON ROAD STATION POA, INC., a community association.

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 Carly Holdings, 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 13th day of May, 2013.

SUBSTITUTE TRUSTEE
By:  Nicole Molin Ray
2808 Wind Bluff Circle
Wilmington, NC  28409
Telephone: 919/783-2918
12 SP 1683 •06/05 & 06/12