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Back You are here: Home Classifieds Sections Legal Notices Legal Notices for July 3, 2013

Legal Notices for July 3, 2013

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
10 SP 1714

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CONSTANCE COVINGTON SMITH AND CHARLES W. SMITH, III DATED MAY 18, 2005 AND RECORDED IN BOOK 4817 AT PAGE 314 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 10:00AM on July 8, 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 at the southernmost corner of the 60 foot road right-of-way as shown by map in “Access Right-of-Way off Greenville Sound Road” as recorded in Map Book 8 at Page 29 in the New Hanover County Registry; running thence from said beginning with the southwestern line of said 60 foot right-of-way North 42 degrees 32 minutes West 30.09 feet to the centerline of a 60 foot private road easement; thence with said centerline South 41 degrees 45 minutes West 51.41 feet; thence South 30 degrees 42 minutes West 163.17 feet to an iron pipe; then South 27 degrees 04 minutes West 28.42 feet to an iron pipe; thence South 42 degrees 32 minutes East 1,152.36 feet to a point in the high water mark of a 30 foot canal; running thence with and along said highwater mark North 37 degrees 03 minutes 01 second East 132.86 feet to the southernmost corner of that tract or parcel of land described in a deed recorded in Book 1186 at Page 2001 of the New Hanover County Registry; running thence with and along the line of that tract described above North 42 degrees 32 minutes West 200 feet to an iron pipe; running thence with and along the northwestern line of the aforementioned tract North 37 degrees 03 minutes 01 second East 100 feet to an iron pipe in the southwestern line of a 35 foot private road easement; running thence with the southwestern line of said easement North 42 degrees 32 minutes West 942.23 feet to an iron pipe; running thence North 41 degrees 52 minutes East 5.02 feet to the point of beginning and being the same property described in a deed from Franklin B. Mayer and Agnes M. Mayer to Norman I. Robinson and wife Sonja D. Robinson dated November 1, 1972 and recorded in Book 955 at Page 623 of the New Hanover County Registry, saving and excepting that tract or parcel of land conveyed to Quail Woods Access Corporation by deed recorded in Book 1186 at Page 2001 of the New Hanover County Registry.

SUBJECT to an easement over the southeastern one-half of a 60 footprivate roadway over the western line of the tract described above, the centerline of said roadway being the northwestern line of said tract and together with a private easement and right of way for ingress and egress over said 60 foot private roadway. And also together with the right of unrestricted use to the 30 foot canal referred to above for the purpose of providing ingress and egress between the navigable waters of Hewlett’s Creek and the Intracoastal Waterway.

TOGETHER WITH AND SUBJECT TO that Agreement between Carl B. Carey and wife Martha L. Carey, as grantors, and Quail Woods Boating Facility, Inc., as grantee, recorded in Book 2076 at Page 0038 of the New Hanover County Registry.

And Being more commonly known as:  6452 Quail Run Rd, Wilmington, NC 28409

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Constance Covington Smith and Charles W. Smith, III.

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 June 4, 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/
10-008190
10-008190 •06/26 & 07/03

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
13SP329

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WANDA F. CARMICHAEL DATED DECEMBER 9, 2008 AND RECORDED IN BOOK 5363 AT PAGE 1502 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 July 5, 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 property situated in the city of Wilmington in the county of New Hanover and state of North Carolina, being more fully described in a deed dated 12/08/2000 and recorded 12/29/2000, among the land records of the county and state set forth above, in Deed Volume 2859 and Page 279.

And Being more commonly known as:  1403 Kornegay Ave, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Estate of Wanda F. Carmichael.

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. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid.  The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
 
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 June 13, 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/
13-040137
13-040137 •06/26 & 07/03

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
11SP1626

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY SAMUEL L. WATKINS AND VIVIAN R. WATKINS DATED JULY 19, 2007 AND RECORDED IN BOOK 5211 AT PAGE 679 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 July 15, 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:

BEING all of Lot 35, of Heron Run, as the same is shown on a map prepared by Hanover Design Services, PA, entitled “Heron Run”, and recorded January 4, 1989, in Map Book 29, Page 82 of the New Hanover County Registry, reference to which is hereby made for particular description.

And Being more commonly known as:  1600 Bittern Ct, Wilmington, NC 28403

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Samuel L. Watkins and Vivian R. Watkins.

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.  This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure.  A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.  This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale.
 
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser.  Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is April 25, 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/
09-117205
09-117205 •07/03&07/10/13

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP804

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CHAD A. MILLION AND MELODY D. MILLION DATED MARCH 31, 2011 AND RECORDED IN BOOK 5555 AT PAGE 469 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 10:00AM on July 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:

Being all of Lot 4, Section 1, Woods Edge, as shown on that map recorded in Map Book 35, Page 157, and revised map of Woods Edge Section 1, as  recorded in Map Book 35, Page 282, New Hanover County Registry, reference to which maps are hereby made for a more complete description.

And Being more commonly known as:  5001 Blue Grass Ct, Wilmington, NC 28409

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Chad A. Million and Melody D. Million.

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.

For additional information, please see Auction.com.

The date of this Notice is June 7, 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/
12-029392
12-029392  •07/03&07/10/13

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
BEFORE THE CLERK
NORTH CAROLINA
NEW HANOVER COUNTY
12 SP 1531

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM MITCHELL GARY PRIDGEN, DATED SEPTEMBER 28, 2006, RECORDED IN BOOK 5086, PAGE 2409, NEW HANOVER COUNTY REGISTRY

NOTICE OF
FORECLOSURE SALE

Pursuant to an order entered May 16, 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 JULY 11, 2013,
AT 10:00 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:
Beginning at a point in the eastern edge of the Wilmington to Carolina Beach Road, said point being the northwestern corner of Lot 9 and the southwestern corner of Lot 8, according to the official map of the Division of the Elijah Moore lands as shown in Map Book 2 at Page 20 of the Register of Deeds of New Hanover County, said point being near the 8 miles post; running thence with the dividing line of said Lots 8 and 9 South 65 degrees 20 minutes East 519.0 feet to a stake; running thence North 24 degrees 40 minutes East 85.7 feet to a stake in the dividing line of Lots 7 and 8 of the aforementioned Moore land; running thence the dividing line of said Lots 7 and 8 North 65 degrees 20 minutes West 536.8 feet to a point in the edge of said Wilmington to Carolina Beach Road; running thence with said road South 13 degrees 00 minutes West 87.5 feet to the point of beginning, containing one acre. The same being the western portion of the aforementioned Lot 8 of Elijah Moore lands. EXCEPTING from the above land so much thereof for a right of way by the State Highway and Public Works Commission. And being the identical property described in Book 1231 at Page 121 of the New Hanover County Registry.
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 of the real property not more than ten days prior to the date hereof is: Mitchell Gary Pridgen.
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 non-warranty 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 September 28, 2006, 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 16th day of May, 2013.

Nicole Molin Ray, Esq.
Substitute Trustee
2808 Wind Bluff Circle
Wilmington, NC  28409
Telephone: (910) 470-4120
12 SP 1531
12 SP 1531  • 07/03&07/10/13

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1725

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CHARLES MOFFIT LINEBERRY, JR. DATED SEPTEMBER 18, 2007 AND RECORDED IN BOOK 5234 AT PAGE 1552 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 July 15, 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:

BEING ALL of lot Ten (10), PRESTON WOODS AT PINE VALLEY, SECTION 1, as the same is shown on a map recorded in Map Book 31, at Page 286 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  605 John S Mosby Dr, Wilmington, NC 28412

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Charles Moffit Lineberry, Jr.

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. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid.  The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
 
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 June 13, 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/
12-036326
12-036326 •07/03&07/10/13

 


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 11:30AM on July 15, 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. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid.  The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
 
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 June 14, 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  •07/03&07/10/13

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1247

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY PHILIP G. BALLARD AND JANET D. BALLARD DATED JANUARY 26, 2007 AND RECORDED IN BOOK 5137 AT PAGE 2611 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 10:00AM on July 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:

Being all of Lot 164, Phase I, Section B, Beau Rivage Plantation, as the same is shown on map thereof recorded in Map Book 28, at Pages 146-147 of the New Hanover County Registry.

Together with a non-exclusive right-of-way and easement for the purpose of ingress and egress in, over, and through those private streets shown on the plats of Beau Rivage Plantation as recorded in the Office of the Register of Deeds of New Hanover County.

And Being more commonly known as:  1024 Rivage Promenade, Wilmington, NC 28412

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Philip G. Ballard and Janet D. Ballard.

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. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid.  The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
 
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 June 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/
12-031398
12-031398  •07/03&07/10/13

 


Notice of Foreclosure Sale

10 SP 1865
NOTICE OF
FORECLOSURE SALE
North Carolina,  New Hanover County  In the matter of the foreclosure of the Deed of Trust of Lavinda E. Robinson to  Thurman E. Burnette, Trustee for United States Department of Agriculture See Substitution of Trustee as recorded in Book 5513, Page 2748,  appointing Richard J. Kania as Substitute Trustee. Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to United States Department of Agriculture, dated January 28, 1991, securing indebtedness in the original principal amount of $51,500.00 as recorded in Deed of Trust Book 1526, at Page 462, New Hanover County Registry (hereinafter, the “Deed of Trust”) and because of the default of Debtor in the payment of the indebtedness thereby secured and the failure of Debtor to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for New Hanover County, North Carolina, entered in this foreclosure proceeding, the undersigned, Richard J. Kania, Substitute Trustee, will expose for sale at public auction on July 10, 2013 at 11:00 AM at the New Hanover County Courthouse at the usual place of sale designated by the New Hanover County Clerk, New Hanover County Judicial Center, 316 Princess Street, Wilmington, North Carolina 28401, the real property in Cape Fear Township, New Hanover County, North Carolina (including any improvements thereon) with the address of 123 Hampton Drive, Castle Hayne, NC 28429, and as described as follows:  Being all of Lot 258 of Walnut Hill Subdivision, as per plat thereof recorded in Map Book 31, Page 259, New Hanover County Registry, to which reference is made for a more perfect description. The Substitute Trustee may, in his sole discretion, delay the sale for up to one hour as provided by N.C.G.S. §45-21.23. The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.     The record owner of the above-described real property as reflected on the records of the County Register of Deeds not more than ten (10) days prior to the posting of this Notice is: Lavinda E. Robinson An order for possession of the property may be issued pursuant to N.C.G.S. §45-21.29 in favor of the purchaser and against the party or parties in possession by the County Clerk of Superior Court. Pursuant to N.C.G.S. § 45¬-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per cent (5%) percent of the amount bid or Seven Hundred Fifty Dollars ($750.00).  Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at the time, he shall remain liable on his bid as provided for in N.C.G.S. § 45-21.30 (d) and (e). Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1). This sale will be held open ten (10) days for upset bids as required by law. If the Substitute Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition by an owner or debtor prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in his sole discretion, if he believes the challenge to have merit, may request the Court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Any person who occupies the property pursuant to a bona fide lease or tenacy may have additional rights pursuant to Title VII of 5.896, “Protecting Tenants at Foreclosure Act” which became effective on May 20, 2009. Additional Notice Where the Real Property Is Residential with less than 15 Rental Units: Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007 may, after receiving this notice of the sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of termination.

Richard J. Kania, Substitute Trustee 600-A Centrepark Drive, Asheville, North Carolina 28805 (828) 252-8010,
1046462
10 SP 1865  •06/26 & 07/03

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000731

The undersigned, having qualified as Co-Executor(s) of the Estate of Doris Leonard Hill 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 19th 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 19th day of June, 2013.

Robin Hill Lamb, Co-Executor
201 Royal Oak Drive
Wilmington NC 28409

Penny Hill Cribb, Co-Executor
1119 Snapper Lane
Carolina Beach NC 28428
PD 06/19-07/10/13

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000722

The undersigned, having qualified as Executor of the Estate of Margaret Loughlin Stomp 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 19th 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 19th day of June, 2013.

Kenneth Dale Loughlin, Executor
507 John D. Barry Dr.
Wilmington NC 28412
PD 06/19-07/10/13

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
File 13E753

The undersigned, having been duly qualified as Co-Administrators of the Estate of Edmund Frederick Anderson, Jr., 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 24th day of September, 2013, 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 24th day of June, 2013.

Kimberly Leigh Anderson,
Co-Administrator
            Edmund Frederick Anderson, III Co-Administrator

Penny Hill Cribb, Co-Executor

NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
06/26-07/17

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000731

The undersigned, having qualified as Executrix of the Estate of Edna Ruth Erbe 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 26th 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 26th day of June, 2013.

Pamela J. Britt, Executrix
1753 Canady Rd.
Wilmington NC 28411
PD 06/26-07/17

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000681

The undersigned, having qualified as Executor of the Estate of Anastasia 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 26th 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 26th day of June, 2013.

Alton Moore, Executor
538 Hidden Valley Rd
Wilmington NC 28409
PD 06/26-07/17

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000749

The undersigned, having qualified as Administratrix of the Estate of Mitzi Watson Hardee 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 3rd day of October, 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 3rd day of July, 2013.

Susan Hardee Rickenbacker, Administratrix
3534 Chalmers Drive
Wilmington NC 28409
PD 07/03-07/24