Legal Notices for December 31st, 2014

By / Legal Notices / الأربعاء, 31 كانون1/ديسمبر 2014 05:00

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
10sp1849

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DWAYNE KEVIN HIGHSMITH AND PAMELA HALL HIGHSMITH DATED DECEMBER 5, 2000 AND RECORDED IN BOOK 2850 AT PAGE 258 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 January 6, 2015 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 County of New Hanover, North Carolina, and being all of Lot 36 of Berkleigh Subdivision, Section 4 as the same appears on a map thereof recorded in Map Book 33 at Page 385 of the New Hanover County Registry.

And Being more commonly known as:  4204 Damon Court, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Dwayne Kevin Highsmith and Pamela Hall Highsmith.

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 December 3, 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/
05-73382
05-73382 •12/24 & 12/31

 


 

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
BEFORE THE CLERK
13 SP 1215

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM ANGELA S. WILLIAMS, TO NEUSE INCORPORATED , TRUSTEE, DATED APRIL 19, 2007 RECORDED IN BOOK 5171, PAGE 1782, NEW HANOVER COUNTY REGISTRY

NOTICE OF
FORECLOSURE SALE
Pursuant to an order entered October 23, 2014, 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 JANUARY 8, 2015 AT 10:00 AM
the real estate and the improvements thereon encumbered 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 Lot 7, Phase 3, Tract 3, of the Robert S. Jervay Place as more particularly described on that certain plat entitled “Robert S. Jervay Phase 3, Tracts 3 & 4” and as recorded in Map Book 50, Page 44, New Hanover County Registry, reference to which is hereby made for a more complete description.

Parcel ID Number: R05414-001-050-000.
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 Angela S. Williams.
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 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 23rd day of October, 2014.

POYNER SPRUILL LLP
By: Deborah Sperati, Esq.
Attorneys for Spruillco, LLC f/k/a
Spruillco, Ltd.
130 S. Franklin Street
P.O. Box 353
Rocky Mount, NC 27802
Telephone:  (252) 972-7022
FCB003-00000351
13 SP 1215 •12/31&01/07

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
File 14 E 1492

The undersigned, having qualified as Executor, of the Estate of Timothy J Houghton, deceased,  of Wilmington, New Hanover County, North Carolina, this is to notify all persons, firms and corporations having claims against the estate to exhibit them to the undersigned on or before the 10th day of March, 2015, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.

This 10th day of December, 2014.

Timothy P. Houghton.  Executor
5404 Swordsman Ct
Knightdale NC 27545
12/10-12/31

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
File 14 E 1567

The undersigned, having been duly qualified as Administratrix of the Estate of Kenneth Edwin Ray, 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 31st day of March, 2015, 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 22nd day of December, 2014.

Mona Ray, Administratrix

NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
12/31-01/21

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
File 14 E 1571

The undersigned, having qualified as Executor, of the Estate of Neil Randolph Skabo, deceased,  of Wilmington, New Hanover County, North Carolina, this is to notify all persons, firms and corporations having claims against the estate to exhibit them to the undersigned on or before the 31st day of March, 2015, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.

This 31st day of December, 2014.

Larry Lee Brown,  Executor
644 Canetruck Road
Currie NC 28435
12/31-01/21

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