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Back You are here: Home Classifieds Sections Legal Notices Legal Notices for May 7th, 2014

Legal Notices for May 7th, 2014

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
14SP243

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CLIFFORD M. REAVES, III AND SARAH M. REAVES DATED MAY 27, 2005 AND RECORDED IN BOOK 4835 AT PAGE 554 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 May 14, 2014 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 Cheyenne Trail which is the northeastern corner of Lot 71 in Section 5 of Tanglewood Subdivision as said lot is shown on map recorded in Map Book 10 at Page 19 in the New Hanover County Registry; running thence from said beginning point North 70 degrees 15 minutes West and along said southern line of Cheyenne Trail 155.14 feet to a point in a ditch; thence with said ditch South 18 degrees 14 minutes 14 seconds West 235.97 feet to a point in the northern line of Lot 80 in said Section 5 of Tanglewood Subdivision; running thence with the northern line of Lot 80 and Lot 81 of said subdivision South 72 degrees 53 minutes 55 seconds East 118.82 feet; thence South 70 degrees 43 minutes 22 seconds East 30.94 feet to the southeastern corner of Lot 71 in said subdivision; thence North 19 degrees 34 minutes 15  seconds East along said eastern line of said Lot 71 230.15 feet to the point of beginning; the same being all of Lot 71 and the eastern portion of Lot 72 in Section 5 of said Tanglewood Subdivision, and being all of that tract conveyed to Edward Reginald Drummond and wife, Lenora J. Drummond, by deed recorded in Book 1368 at Page 1841 of the New Hanover County Registry, and rerecorded in Book 1371 at Page 0662 of the New Hanover County Registry.

And Being more commonly known as:  209 Cheyenne Trl, Wilmington, NC 28406

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Clifford M. Reaves, III and Sarah M. Reaves.

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 April 23, 2014.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
14-059084
14-059084- •04/30 & 05/07

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
14SP20

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BENJAMIN REED SMITH, JR. DATED MAY 29, 2013 AND RECORDED IN BOOK 5742 AT PAGE 2082 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 May 14, 2014 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 or Lot 112, Section 3, Kings Grant Subdivision as shown on map recorded in Map Book 10, Page 9 in the Office of the Register of Deeds of New Hanover County, North Carolina, reference to which map is hereby made for a more particular description

And Being more commonly known as:  4917 Lord Byron Rd, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Heirs of Benjamin Reed Smith, 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 April 23, 2014.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
13-056483
13-056483- •04/30 & 05/07

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
13SP1198

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY RICKY L. CLOYD AND KERRY W. CLOYD DATED MAY 25, 2006 AND RECORDED IN BOOK 5029 AT PAGE 2012 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 May 14, 2014 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 101, Kirkwood at Arrondale, Section 1, as shown on map of same recorded in Map Book 42 at Page 104, New Hanover County Registry, reference to which map is hereby made for a more particular description.

Subject to the Covenants, Conditions and restrictions for Kirkwood at Arrondale, recorded in Book 3270, Page 129, New Hanover County Registry.

And Being more commonly known as:  6312 Naples Dr, Wilmington, NC 28412

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Ricky L. Cloyd and Kerry W. Cloyd.

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 April 23, 2014.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
13-055306
13-055306 •04/30 & 05/07

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
14SP209

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JAMES CERNIGLIA AND BETH CERNIGLIA AKA BETH ANNE CERNIGLIA DATED SEPTEMBER 7, 2006 AND RECORDED IN BOOK 5076 AT PAGE 2453 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 May 14, 2014 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 known and designated as Unit 102 situated in Building 4230 (sometimes also known as Building “D”), Phase 1 of The Courtyard Condominium, as the same is shown on a map thereof recorded in condominium Plat Book 7 at Pages 387 through 391 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, duties and privileges appurtenant to said Unit as set forth in the Declaration of the Courtyard Condominiums recorded in Book 1357 at Page 388 of said registry as supplemented from time to time of record, and containing member provisions to the Wilshire Homeowners Association, Inc.

Together with all rights of Grantor in and to the common areas and facilities appurtenant to the above said unit.

And Being more commonly known as:  4230 Wilshire Blvd Apt 102D, Wilmington, NC 28403

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Wilshire Homeowners Association, Inc.

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 April 23, 2014.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
13-054058
13-054058 •04/30 & 05/07

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
14SP89

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY FRANKLIN JOSEPH COLEMAN DATED AUGUST 5, 2010 AND RECORDED IN BOOK 5502 AT PAGE 393 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 12:00PM on May 19, 2014 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 55R, Section 2 of COURTNEY PINES, as the same is shown on a map thereof recorded in Map Book 42, Page 173 of the New Hanover County Registry, reference to which is hereby made for a more particular description. Also being the same property described in that deed to Jeffery R. Moss and wife, Tammie S. Moss recorded January 17, 2006 in Book 4966, Page 372 of the aforementioned Registry.

And Being more commonly known as:  7307 Rabbit Hollow Dr, Wilmington, NC 28411

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

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 April 8, 2014.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
14-057270
14-057270-CWF- •05/07 & 05/14

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
14SP154

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DERRIK G. MARTIN AND JENNIFER LYNN MARTIN AKA JENNIFER MARTIN DATED DECEMBER 20, 2006 AND RECORDED IN BOOK 5121 AT PAGE 1029 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 May 21, 2014 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 1, Tract 2, as shown on a map entitled “Division of Lot 1, Lynda’s Hollow”, recorded in Map Book 36 at Page 347 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

Together with and subject to a Thirty (30) foot easement for ingress, egress, and regress to and from H.S. Hwy. 421 as shown on said map recorded in Map Book 36, Page 347 in the New Hanover County Registry.

And Being more commonly known as:  6261 Carolina Beach Rd, Wilmington, NC 28412

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Derrick G. Martin and Jennifer Lynn Martin.

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 April 21, 2014.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
14-058176
14-058176 -CWF- •05/07 & 05/14

 


Notice of Foreclosure Sale


IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
13SP376

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY THORNTON EDWARDS GATHRIGHT DATED FEBRUARY 19, 2010 AND RECORDED IN BOOK 5473 AT PAGE 2463 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 May 23, 2014 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 6A, Sandybrook Subdivision, Section I, as the same is shown on map recorded in Map Book 23 at Page 44 in the New Hanover County Registry.

Together with and subject to all of the covenants, conditions and restrictions recorded in Declaration of Covenants, Conditions and Restrictions recorded in Book 1152 at Page 1666 in the New Hanover County Registry, and all amendments and supplements thereto, specifically including the amendments in Book 1231 Page 218 and Book 1265 Page 675 all in the New Hanover County Registry.

And Being more commonly known as:  124 Sandybrook Rd, Wilmington, NC 28411

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Heirs of Thornton Edwards Gathright.

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 April 23, 2014.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
13-040948
13-040948 •05/07 & 05/14

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 14E000158

The undersigned, having qualified as Administratrix of the Estate of Ruby Ruth Taylor Fox, deceased, of New Hanover County North Carolina does hereby notify all persons, firms and corporations having claims against the Estate to exhibit them to the undersigned on or before the 15th day of July, 2014, 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 16th day of April, 2014.

Patricia Nanette Fox 
Administratrix
4143 Abbington Terr
Wilmington NC 28403
04/16-05/07

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 14E000478

The undersigned, having qualified as Administratrix of the Estate of Russell Carl Palmer, 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 22nd day of July, 2014, 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 23rd day of April, 2014.

Janie M. Palmer, Administratrix
5517 Wrightsville Ave.
Wilmington NC 28403
04/23-05/14

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 14E000367

The undersigned, having qualified as Executor of the Estate of Phillip McDonald Fields 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 22nd day of July, 2014, 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 23rd day of April, 2014.

Gloria Faye Fields, Executor
1019 South 7th Street
Wilmington NC 28401
04/23-05/14

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 14E000367

The undersigned, having qualified as Executor of the Estate of Phillip McDonald Fields 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 22nd day of July, 2014, 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 23rd day of April, 2014.

Gloria Faye Fields, Executor
1019 South 7th Street
Wilmington NC 28401
04/23-05/14

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 14 E 000474

The undersigned, having qualified as Executrix of the Estate of Florence E. Gray, 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  30th day of July, 2014, 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  30th  day of April 2014

Susan M. Bankes, Executrix
c/o Sharon A. Hatton
 Law Office P.C.
321 N. Front Street, Suite 203
Wilmington, NC  28401
4/30, 5/7, 5/14, and 5/21.

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
File 14 E 491

The undersigned, having been duly qualified as Executrix of the Estate of Clarence Livengood, 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 30th day of July, 2014, 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 25th day of April, 2014.

Vivian Livengood, Collector
NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
4/30, 5/7, 5/14, and 5/21.

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 14 E 489

The undersigned, having qualified as Executrix of the Estate of Lois Sly Walton 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 29th day of July, 2014, 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 30th day of April, 2014.

Lynn W. Benson, Executrix
701 S. 5th Street
Carolina Beach NC 28428
04/30-05/21

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 14 E 498

The undersigned, having qualified as Administrator of the Estate of Charles Delane Fipps 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 29th day of July, 2014, 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 23rd day of April, 2014.

Christopher Delane Fipps,
Administrator
P.O. Box 7505
Wilmington NC 28406
04/30-05/21

 


Notice to Creditors


STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
File 14 E 518

The undersigned, having been duly qualified as Executrix of the Estate of Betsy Gauldin, 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 5th day of August, 2014, 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 30th day of April, 2014.

Jane Kiser, Executrix

NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
04/30-05/21

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 14 E 000517

The undersigned, having qualified as Administratrix of the Estate of Myrtle Gray Lawhorn 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 August, 2014, 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 May, 2014.

Charlene Garner,  A
dministratrix CTA
412 Wendover Lane
Wilmington NC 28411
05/07-05/28

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 14 E 000510

The undersigned, having qualified as Administrator of the Estate of Elise Reynolds Lawing 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 August, 2014, 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 May, 2014.

Alex G. Lawing,  Administrator
608 The Cape Blvd.,
Wilmington NC 28412
05/07-05/28

 


Notice of Foreclosure Sale

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

NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Larry Hinnant and wife, Deena R. Hinnant, dated February 5, 2003 and recorded on February 11, 2003, in Book 3640 at Page896, in the Office of the Register of Deeds of New Hanover County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at New Hanover County Courthouse, in Wilmington, North Carolina, on Thursday, May 15, 2014 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Wilmington, County of New Hanover, State of North Carolina, and being more particular described as follows:

BEGINNING at a stone marked “H” in the line of the right of way of the Consolidated Railways Light and Power Company, William Hawkins Northwest corner, and runs thence Southerly along said Hawkins line 1200 feet more or less to the present Greenville Road, thence Westwardly along said Greenville Road 100 feet, thence Northerly and parallel with the first line herein 1200 feet more or less to the line right of way of said Consolidated Railways Light and Power Company, thence Easterly along said right of way to the Beginning corner, Being Lot #12 according to a survey of the Sallie B. Maffitt tract of land made by Walter G. McRae, surveyor; and being that property conveyed by J.P. Smith, et ux to J.E. Hinnant, et ux, by Warranty Deed dated November 26, 1918, as recorded in Book 103 at Page 492 of the New Hanover County Registry, and also as described in the Quitclaim Deed as recorded in Book 209 at page 301 of the aforementioned registry;
EXCEPTING THE FOLLOWING THREE TRACTS: Lying and being in New Hanover County, North Carolina, in Harnett Township, and being Tract Number one, and more particularly described as follows: BEGINNING at a stone marked “H” located 40 feet South of the center line of the Tidewater Power Company Railroad main line track, about 1000 feet West of the public crossing at Seagate, North Carolina 203.5 feet West of the center stone in Church Avenue, running thence South 84 degrees 31 minutes West, and parallel with said railroad 36 feet to a post at the corner of the fence, thence at right angle to said railroad South 05 degrees 30 minutes East 55 feet to Elizabeth Rogers Western Line, thence with said line North 28 degrees, 15 minutes East 60 feet, to the point of Beginning, and being that property conveyed from J.E. Hinnant, et ux, to G.H. Rogers, et ux, by Deed dated July 9, 1920 and recorded in Book 113 at Page 484 of the aforementioned registry.

Lying and being in New Hanover County, North Carolina, Harnett Township and being Tract Number Three, and more particularly described as follows: BEGINNING at a point in the Southern line of U.S. Highway Number 74 and 76 (30.0 feet from its centerline), said point being marked by a concrete monument and the intersection of two ditches and said point being the Northwest corner of Lot Number 2 Bradley Heights as per the official plan of said subdivision recorded in Map Book 5, at Page 5 in the New Hanover County Registry; running thence from said beginning point with the Southern line of said highway South 88 degrees 27 minutes West 116.42 feet to a point, said point being North 88 degrees 27 minutes East 114.42 feet ( as measured along the Southern line of said highway), from the Eastern line of Sabrelle Avenue (15.0 feet from its centerline), and said point being 100 feet from the Eastern line of Sabrelle Avenue when measured at right angles to said Sabrelle Avenue; running thence parallel to said avenue and parallel to the Western line of Lot Number 2 Bradley Heights, South 29 degrees 15 minutes West to a point in the Northern line of the old Greenville or Meares Road (said road having a width of 20 feet), said point being also in the Northern line of Lot Number 3 of the aforementioned Bradley Heights Subdivision; running thence with the Northern line of said lot and the Northern line of said old Greenville or Meares road South 66 degrees 55 minutes East 100.58 feet to a concrete monument on the East side of a ditch, said concrete monument making a corner of the aforementioned Lot 2, running thence with the western line of said Lot 2, parallel to the Sabrelle Avenue and along the East side of a ditch North 29 degrees 1-5 minutes East 339.56 feet to the point of BEGINNING; and being that property conveyed by J. E. Hinnant, et ux, to H.H. Millikin, et ux, by Deed of Correction dated November 17, 1949, and recorded in Book 439 at Page 569 of the aforementioned registry, referring to the original Deed recorded in Book 407 at page 338 of the aforementioned registry. Any and all improvements thereon.

Address of Property:  5906 Park Avenue, Wilmington, NC  28403

Present Record Owner: Larry R. Hinnant and Deena R. Hinnant

The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder.  The Substitute Trustee reserves the right to require a cash deposit or a certified check not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred fifty Dollars ($750.00).  In the event that the holder is exempt from paying the same, the successful bidder may also be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax, and the tax required by N.C.G.S. §7A-308 (a) (1).

The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments.  Other conditions will be announced at the sale.  The sale will be held open for ten (10) days for upset bids as by law required. 
 
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 title include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without knowledge of the Substitute Trustee(s).  If the validity of the sale is challenged by any party, the Substitute Trustee(s), in its/their sole discretion, if it/they believe(s) the challenge to have merit, may declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Additional Notice where the Real Property is Residential with less than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the County in which the property is sold.  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 termination.

This the 24th Day of April, 2014  

The Hunoval Law Firm, PLLC, Attorney for  Poore Substitute Trustee, LTD as Substitute Trustee  By: Cameron D. Scott, Attorney at Law 501 Minuet Lane # 104-A Charlotte, North Carolina  28217 (704) 334-7114
 240.015301
 240.015301/HINNANT 
FEI # 1082.00174 05/07/2014, 05/14/2014