Legal Notices for August 31st, 2016

By / Legal Notices / الأربعاء, 31 آب/أغسطس 2016 04:00

Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP242

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JOHN M. SILVAGNI AND BARBARA JEAN SILVAGNI DATED MARCH 24, 1998 AND RECORDED IN BOOK 2336 AT PAGE 798 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 September 9, 2016 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 138, Phase II of KURE BEACH VILLAGE Subdivision as shown on a map of said subdivision recorded in Map Book 33 at Page 285 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  717 Settlers Ln, Kure Beach, NC 28449

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are John M. Silvagni and Barbara Jean Silvagni.

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 written notice to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time notice of termination is provided. 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 28, 2016.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
04-59817
04-59817  • 08/24&08/31

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Notice of Foreclosure Sale

NORTH CAROLINA,
NEW HANOVER COUNTY

AMENDED NOTICE OF FORECLOSURE SALE
10 SP 1826

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Stuart E. Bayley and Tammy L. Bayley to Fidelity National Title Insurance Co of New York, Trustee(s), which was dated November 28, 2006 and recorded on December 4, 2006 in Book 5113 at Page 1113, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 13, 2016 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

BEING ALL OF LOT(S) 7 & 8, MYRAMAR CAMP SITES SU BDIVISION, RECORDED IN MAP BOOK(S) 3, PAGE 10, NEW HANOVER COUNTY, NORTH CAROLINA.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 328 Loder Avenue and 330 Loder Avenue, Wilmington, NC 28409.

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of 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.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Stuart E. Bayley and wife, Tammy L. Bayley.

An Order for possession of the proper ty 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 by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2)].  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.

If the 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 prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe 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.

Trustee Services of Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-858713-051824
10-29560-FC01 • 08/31 & 09/07

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Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
16SP413

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BETH MARIE BRYANT AKA ELIZABETH M. BRYANT DATED NOVEMBER 1, 2007 AND RECORDED IN BOOK 5248 AT PAGE 1640 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 10:30AM on September 13, 2016 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 74 in Phase 4 of The Lakes at Johnson Farms as per map thereof recorded in Map Book 36 at Page 0179, New Hanover County Registry, to which map reference is made for a more particular description.

Subject to the Declarations of Covenants, Conditions and Restrictions, recorded in Book 1819, Page 0990 and Book 2270, Page 0979, New Hanover County Registry, and any amendments thereto; all easements, rights of way and restrictions of record; all government regulations including zoning, subdivision and building regulations.

And Being more commonly known as:  5215 Gate Post Ln, Wilmington, NC 28412

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

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 written notice to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is August 23, 2016.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
14-060330 • 08/31 & 09/07

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS – File 16 E 1058

The undersigned, having been duly qualified as Administrator of the Estate of Hunter Perry Baughman, 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 8th  day of November, 2016, 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 4th Day of August, 2016.

Perry E. Baughman, Administrator

NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
08/10-08/31

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION BEFORE THE CLERK
NOTICE TO CREDITORS

The undersigned, having qualified as Executor of the Estate of  Orain Cavenaugh, deceased, of New Hanover County, North Carolina, hereby notifies all persons, firms and corporations having claims against said estate to present them to the undersigned at the address shown below on or before November, 2016 or this Notice shall be pleaded in bar of their recovery.  All persons, firms and corporations indebted to said estate are requested to make immediate payment to the undersigned at the address shown below.

This the 10th day of August, 2016.

Pearl Cavenaugh
of the Estate of Orain Cavenaugh

c/o BRITT LAW FIRM
720 North 3rd St. Ste. 401
Wilmington, North Carolina 28401
08/10-08/31

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 15 E 624

The undersigned, having qualified as Executor of the Estate of Barbara J Pope 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  8th day of November, 2016 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  10th  day of August 2016

Anna Willette, Executor
66 Milton Road Apt #D42
Rye, NY 10580
08/10-08/31

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 16 E 1054

The undersigned, having qualified as Executor of the Estate of Aline N Hagain 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 November, 2016 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  17th  day of August 2016

Dixie Daniel Hagain, Executor
208 Teakwood Drive
Carolina Beach NC 28428
08/17-09/07

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 16 E 1116

The undersigned, having qualified as Administrator CTA of the Estate of William Fortune 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  15th day of November, 2016 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  17th  day of August 2016

Linda Mitchell Jones,
 Administrator CTA
1404 Johns Creek Road
Wilmington NC 28409
08/17-09/07

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS – File 16 E 982

The undersigned, having been duly qualified as Personal Representative of the Estate of Ronald Sarzynski, Deceased,  of Nassau County, Florida, 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 8th  day of November, 2016, 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 8th Day of August, 2016.

Ross M. Sarzynski,
Personal Representative

NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
08/17-09/07

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS – File 16 E 1117

The undersigned, having been duly qualified as Ancillary Administrator of the Estate of Mary Lou Nussinow, Deceased,  of Dutchess County, NY, 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 16th  day of November, 2016, 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 12th Day of August, 2016.

Donna Nussnow Burns,
Ancillary Administrator

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

08/17-09/07

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS – File 16 E 1160

The undersigned, having been duly qualified as Executrix of the Estate of Foster T. Simons, of New Hanover County, North Carolina, hereby notifies all persons having claims against said Estate to present them to the undersigned at A-3 Pleasure Island Plaza, Carolina Beach, North Carolina 28428, on or before the 22nd day of November, 2016, 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 August, 2016.

Cathy Erickson, Executrix

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

08/24-09/14

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Notice to Creditors

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

NOTICE TO CREDITORS

The undersigned, having qualified as Executor of the Estate of Nancy C. Monroe, deceased, of New Hanover County, North Carolina, hereby notifies all persons, firms and corporations having claims against said estate to present them to the undersigned at the address shown below on or before November 24, 2016 or this Notice shall be pleaded in bar of their recovery.  All persons, firms and corporations indebted to said estate are requested to make immediate payment to the undersigned at the address shown below.

This the 24th day of August, 2016.

John Monroe, Jr., Administrator
of the Estate of Nancy C. Monroe

c/o BRITT LAW FIRM
720 North 3rd St. Ste. 401
Wilmington, North Carolina 28401
08/24-09/14

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE GENERAL COURT OF  JUSTICE
 SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE # 16 E 1161

NOTICE TO CREDITORS

Having qualified as EXECUTRIX of the Estate of ROGER PAUL MANSUR, deceased, of New Hanover County, North Carolina, the undersigned does hereby give notice to all persons, firms or corporations having claims against the said Estate to present them by giving evidence of same to the undersigned on or before the 30th day of November, 2016, or this notice will be pleaded in bar of their recovery. All persons indebted to the deceased or said estate will please make immediate payment to the undersigned.

This, the 20th day of July, 2016.

Sandra J Carey Mansur, Executrix of  the Estate of
ROGER PAUL MANSUR

c/o
PAUL A. NEWTON, ATTORNEY
107 N. 2nd Street, Suite C
Wilmington, North Carolina 28401
910-769-2896
08/24-09/14

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE GENERAL COURT OF  JUSTICE
 SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE # 16 E 1162

NOTICE TO CREDITORS

Having qualified as EXECUTRIX of the Estate of HOWARD A JOHNSON, deceased, of New Hanover County, North Carolina, the undersigned does hereby give notice to all persons, firms or corporations having claims against the said Estate to present them by giving evidence of same to the undersigned on or before the 30th day of November, 2016, or this notice will be pleaded in bar of their recovery. All persons indebted to the deceased or said estate will please make immediate payment to the undersigned.

This, the 20th day of July, 2016.

JULIENNE B JOHNSON, Executrix
of  the Estate of
HOWARD A JOHNSON

c/o
PAUL A. NEWTON, ATTORNEY
107 N. 2nd Street, Suite C
Wilmington, North Carolina 28401
910-769-2896
08/24-09/14

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 16 E 174

The undersigned, having qualified as Executor of the Estate of William Richard Judd 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 November, 2016 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  24th  day of August 2016

Richard Kelly Judd, Executor
320 Wood Dale Dr
Wilmington NC 28403
08/24-09/14

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 16 E 1151

The undersigned, having qualified as Executor of the Estate of Cleo Bunn Gay 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 November, 2016 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  31st  day of August 2016

Leon Roosevelt Gay Jr, Executor
219 Ginger Rd
Wilmington NC 28405
08/31-09/21

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
In ther general court of justice superior court division
FILE NO. 16 E 1190

ADMINISTRATRIX NOTICE

Having qualified as Administratrix of the Estate of Johnny F Farrow of Wilmington, North Carolina, this is to notify all persons, firms and corporations having claims against the estate of said descendent to exhibit them to the undersigned on or before November 30, 2016 or this notice will be pleaded in bar of recovery. All persons, firms and corporations indebted to said estate please make immediate payment to undersigned.

This the 31st day of August, 2016

Estate of Johnny F. Farrow
c/o Patsy Farrow
218 Southwold Drive
Wilmington NC 28409

W. Talmage Jones
Hogue Hill, LLP
Attorneys at Law
P.O. Box 2178
Wilmington NC 28402
08/31-09/21

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 16 E 119

The undersigned, having qualified as Executor of the Estate of Kenneth Robert Kulp 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 November, 2016 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  31st  day of August 2016

Wendy Rae Kulp Gilbert Executor
948 Tidalwalk Drive
Wilmington NC 28409
08/31-09/21

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Process by Publication

NOTICE OF SERVICE OF PROCESS BY PUBLICATION
STATE OF NORTH
CAROLINA
CUMBERLAND COUNTY
In the District Court

Action for Absolute Divorce to
Alice Lynn Roberts

Take notice that a pleading seeking relief against you has been fi led in the above entitled action, filed number 16 CVD 5496. The nature of the relief being sought is:

ABSOLUTE DIVORCE
You are required to make defense to such pleading not later than September 30, 2016 and, upon your failure to do so, the party seeing service against you will apply to the court for the relief sought.

This the 31st day of August, 2016.

Christopher D. Johnson
Attorney for Plaintiff
1311 Fort Bragg Road
Fayetteville, NC 28305
Tel:(910) 213-3979
Fax:(888) 814-5455
NC Bar # 30628
08/31-09/14

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