Legal Notices for February 22nd, 2017

By / Legal Notices / الأربعاء, 22 شباط/فبراير 2017 05:00

Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
16SP841

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JEREMY W. SCOTT, MILDRED K. TRITT AND DEVIN SCOTT DATED JUNE 27, 2012 AND RECORDED IN BOOK 5651 AT PAGE 2253 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 February 28, 2017 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 of Lot 119, Section 6, Marquis Hills Subdivision as same is shown on map of Section 6 of said subdivision recorded in Map Book 11 at Page 42 in the New Hanover County Registry

And Being more commonly known as:  301 Normandy Dr, Wilmington, NC 28412

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Jeremy W. Scott and Devin Scott and Mildred K. Tritt.

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.

For additional information, please see Auction.com.

The date of this Notice is February 7, 2017.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
16-087723
16-087723 • 02/15&02/22

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Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
16SP673

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY 306 MARSTELLAR, LLC DATED MAY 31, 2007 AND RECORDED IN BOOK 5190 AT PAGE 356 AND REFORMED BY ORDER GRANTING MORTION FOR DEFAULT JUDGMENT FILED JULY 7, 2016 IN CIVIL CASE 16-CVS-00322 AND RECORDED AUGUST 23, 2016 IN BOOK RB 5995 AT PAGE 2744 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 February 28, 2017 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 14 and the western half of Lot 15, Block 538 according to the official plan of the City of Wilmington, North Carolina and being the same property as shown on the survey by Patrick C. Bristow dated July 5, 2006 entitled “Survey for 306 Marstellar, LLC”.

Address: 308 Marstellar Street, Wilmington, NC 28401.

Parcel ID No.: R05413-031-001-000

And Being more commonly known as:  308 Marstellar St, Wilmington, NC 28401

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are 306 Marstellar, LLC.

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 February 7, 2017.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
15-070795
15-070795 • 02/15&02/22

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Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
16SP697

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JUANA LETICIA HIPOLITO RAMOS AND ALFONSO HERRERA FRANCO DATED SEPTEMBER 30, 2008 AND RECORDED IN BOOK 5350 AT PAGE 1 AND MODIFIED BY AGREEMENT RECORDED APRIL 8, 2010 IN BOOK 5478 AT PAGE 1103 AND FURTHER MODIFIED BY AGREEMENT RECORDED JANUARY 30, 2013 IN BOOK 5707 AT PAGE 2188 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 March 7, 2017 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, Block 1, Crestwood Subdivision, as shown on map of same recorded in Book 700 at Page 655 of the New Hanover County Registry, reference to which is hereby made for a more particular description

And Being more commonly known as:  734 North College Rd, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Juana Leticia Hipolito Ramos and Alfonso Herrera Franco.

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 February 14, 2017.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
16-083511
16-083511 • 02/22&03/01

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Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
16SP817

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CATHERINE TONUCCI AND NORMAN R. TONUCCI DATED OCTOBER 26, 2007 AND RECORDED IN BOOK 5247 AT PAGE 923 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 March 7, 2017 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 of Lot 37 in Section 1 of Silva Terra Subdivision as the same is shown on Map of Section 1 of said subdivision recorded in Map Book 10 at Page 34 in the Office of the Register of Deeds of New Hanover County.

And Being more commonly known as:  309 Ilex Dr, Wilmington, NC 28412

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

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 February 14, 2017.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
16-086064
16-086064 • 02/22&03/01

-----------------------------------------
Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12 SP 770

AMENDED NOTICE OF FORECLOSURE SALE

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Douglas Eugene Sims and Sandra Fritz to Paul M. Sylvia, Trustee(s), which was dated August 21, 2006 and recorded on August 25, 2006 in Book 5070 at Page 1161, 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 March 10, 2017 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 74, in Channel Haven Subdivision as the same is shown on map recorded in Map Book 7 at Pages 59 and 60 in the New Hanover County Registry, reference to which is hereby made for a more particular description.

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

Said property is commonly known as 240 North Channel Haven Drive, 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 Sandra Fritz.

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 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) 392-8587
16-19356-FC01 • 02/22&03/01

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Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
15 SP 766

AMENDED NOTICE OF FORECLOSURE SALE

 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Freddie Glen Adams a/k/a Freddie G. Adams and Betsy N. Adams to Rebecca W. Shaia, Trustee(s), which was dated December 20, 2006 and recorded on December 27, 2006 in Book 5122 at Page 1487 and rerecorded/modified/corrected on July 23, 2007 in Book 5210, Page 1295, 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 March 7, 2017 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 11R, Block 45, Landfall Subdivision II at Landfall Subdivision, according to the plat and survey thereof as recorded in Map Book 37, Pge 239, New Hanover County Registry, reference to said plat being hereby made for a more particular description.

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

Said property is commonly known as 2209 Moreland Drive, Wilmington, NC 28405.

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 Freddie G. Adams and wife, Betsy N. Adams.

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 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) 392-8587
15-09498-FC01 • 02/22&03/01

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Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
16SP657

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY GWEN WILSON AND NANCY RUSSELL DATED AUGUST 15, 2008 AND RECORDED IN BOOK 5340 AT PAGE 2934 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 March 7, 2017 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 81, Section 6, Whitney Pines, as shown on a map recorded in Map Book 45 at Page 126 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  2705 Naudin Ct, Wilmington, NC 28411

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

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 February 1, 2017.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
16-084264
16-084264 •CWF • 02/22&03/01

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Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
16 SP 858

NOTICE OF
FORECLOSURE SALE

 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Wesley E. Horrell to McAlla, Raymer, Padrick, Cobb, Trustee(s), which was dated September 12, 2006 and recorded on September 29, 2006 in Book 5086 at Page 154, 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 March 7, 2017 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:

ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN NEW HANOVER COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING ALL OF LOT 199 IN SECTION 4 OF MONTEREY HEIGHTS SUBDIVISION AS THE SAME IS SHOWN ON MAP OF SECTION 4 OF SAID SUBDIVISION RECORDED IN MAP BOOK 18 AT PAGE 34 IN THE OFFICE OF THE REGISTER OF DEEDS OF NEW HANOVER COUNTY.
THE PROPERTY HEREINABOVE DESCRIBED WAS ACQUIRED BY GRANTOR BY INSTRUMENT RECORDED IN BOOK 1485 AT PAGE 0748
A MAP SHOWING THE ABOVE DESCRIBED PROPERTY IS RECORDED IN PLAT BOOK 18 AT PAGE 34
TITLE TO THE PROPERTY HEREIN DESCRIBED IS SUBJECT TO THE FOLLOWING EXCEPTIONS

1. RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY.
2. ZONING AND/OR SUBDIVISION ORDINANCES AND REGULATIONS, IF ANY
3. RESTRICTIVE COVENANTS OF RECORD, IF ANY.
4. AD VALOREM TAXES FOR 2003 AND SUBSEQUENT YEARS.

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

Said property is commonly known as 706 San Jose Drive, Wilmington, NC 28412.

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 Wesley E. Horrell.

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 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) 392-8587
15-15297-FC02 • 02/22&03/01

-----------------------------------------
Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
16SP273

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY PETER ADAM WYSOCKI DATED MAY 1, 2007 AND RECORDED IN BOOK 5177 AT PAGE 1006 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 March 7, 2017 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 71, of Pine Hills Subdivision as the same is shown on a map of said subdivision duly recorded in Map Book 6, at Page 59 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  312 North Wallace Ave, Wilmington, NC 28403

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

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 January 27, 2017.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
13-038888
13-038888 • 02/22&03/01

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
17 E 60

The undersigned, having qualified as Executrix of the Estate of Anne J Bryant, 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 May, 2017 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  1st  day of February 2017

Ellen Diane Bryant Brahy,
 Executrix
58 Chestnut Dr.
Elkton MD 21921
 02/01, 02/08, 02/15 & 02/22

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
17 E 49

The undersigned, having qualified as Executors of the Estate of Phyllis M. Ball, 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 May, 2017 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  1st  day of February 2017

Kimberly Dahlstrom, Co-Executor
161-305 Halyburton Mem Pkey
Wilmington NC 28412

Nicole L Dahlstrom, Co-Executor
151-107 Halyburton Mem Pkwy
Wilmington NC 28412
 02/01, 02/08, 02/15 & 02/22

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
17 E 10

The undersigned, having qualified as Executor of the Estate of Jennie Lee Herring, 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 May, 2017 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  1st  day of February 2017

Robert Charles Herring, Executor
5302 Kipling Court
Wilmigton NC 28405
 02/01, 02/08, 02/15 & 02/22

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
16 E 1311

The undersigned, having qualified as Executor of the Estate of Bobbie Lois Kyzer, 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 May, 2017 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  1st  day of February 2017

Paul H Kyzer Sr., Executor
128 Kelly Road
Wilmington NC 28409
 02/01, 02/08, 02/15 & 02/22

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
17 E 110

The undersigned, having qualified as Executor of the Estate of Joe Charles Bethea, 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  12th day of May, 2017 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  8th  day of February 2017

Andrea Bethea Gore., Executor
204 Laurel Drive
Wilmington NC 28401
 02/08, 02/15, 02/22 & 03/01

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
16 E 1322

The undersigned, having qualified as Executor of the Estate of Rebecca Raney Tucker, 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  12th day of May, 2017 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  8th  day of February 2017

James H. Tucker, Executor
800 Harper Ave.
Carolina Beach NC 28428
 02/08, 02/15, 02/22 & 03/01

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
16 E 687

The undersigned, having qualified as Executor of the Estate of Molly Sue Myrick Anderson 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  12th day of May, 2017 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  8th  day of February 2017

Wesley Myrick Anderson, Executor
1697 /halltown Rd.
Autryville NC 28318
 02/08, 02/15, 02/22 & 03/01

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 17 E 145

The undersigned, having qualified as co-Executors of the Estate of Marilyn A. Zeigler, 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 17th  day of May 2017 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 15th  day of February 2017

Mark D. Zeigler, co-Executor
Mary A. Zeigler, co-Executrix
c/o Sharon A. Hatton Law
Office P.C.
321 N. Front Street, Suite 203
Wilmington, NC  28401
2/15, 2/22,3/1, and 3/8/2017

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
17 E 176

The undersigned, having qualified as Executor of the Estate of Guynelle B Broome 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 May, 2017 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  15th  day of February 2017

Joe N Broome, Executor
619 Spencer Ct.
Wilmington NC 28412
2/15, 2/22,3/1, and 3/8/2017

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
17 E 135

The undersigned, having qualified as Administratrix of the Estate of Elizabeth M McCourt 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 May, 2017 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  15th  day of February 2017

Aileen Lapertosa, Administratrix
301 Erinshire Ct.
Wilmington NC 28412
2/15, 2/22,3/1, and 3/8/2017

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
17 E 170

The undersigned, having qualified as Executor of the Estate of Dane MacPhail Waggett 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 May, 2017 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  15th  day of February 2017

Natalie Waggett, Executor
7204 Grouper Ct.
Wilmington NC 28409
2/15, 2/22,3/1, and 3/8/2017

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
16 E 1518

The undersigned, having qualified as Administrator of the Estate of Dennis R Pollender 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 May, 2017 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  22nd  day of February 2017

Erik R. Pollender, Administrator
111 Sand Dollar Ct.
Raeford NC 28376
2/22,3/1, 3/8 & 03/15/2017

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
17 E 86

The undersigned, having qualified as Executrix of the Estate of Helen P. Lee 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 May, 2017 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  22nd  day of February 2017

Myra Jo Crowley, Executrix
2800 Livery Way
Raleigh NC 27603
2/22,3/1, 3/8 & 03/15/2017

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
15 E 1531

The undersigned, having qualified as Executrix of the Estate of GERALD D. STOMSKI 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 May, 2017 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  22nd  day of February 2017

JOAN K. STOMSKI, Executrix
3212 PARAMOUNT WAY
WILMIGTON NC 28405
2/22,3/1, 3/8 & 03/15/2017

-----------------------------------------
Notice to Creditors

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

Having qualified as Administrator for the Estate of the late Lesya I. Bishop of New Hanover County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to present them, in writing, to the undersigned at c/o Paula A. Kohut, Kohut & Adams, P.O. Box 269, Wilmington, North Carolina 28402 on or before the 22nd day of May, 2017, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate settlement with the undersigned.

This the 22nd day of February, 2017.

Paula A. Kohut, Administrator for the Estate of  Lesya I. Bishop

Paula A. Kohut
KOHUT & ADAMS, P.A.
513 Market Street
Wilmington, NC 28401
P0 Box 269
Wilmington, NC 28402
2/22,3/1, 3/8 & 03/15/2017

-----------------------------------------
Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
16 E 1674

In the Matter of the Estate of William Edward Pomnitz Having been named Executrix of the Estate of William Edward Pomnitz, late of New Hanover County, North Carolina, the undersigned notifies all persons, firms and corporations having claims against the estate of the decedent to present their claims to the below named representative on or before May 26th, 2017, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to this estate will please make immediate payment to the undersigned.

Today is February 22nd, 2017.

Joan R. Pomnitz Executrix

c/o John K. Burns
Attorney for the Estate
207 1/2 Princess Street Wilmington, NC 28401-3950
(910) 343-8776
2/22,3/1, 3/8 & 03/15/2017

Author

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Carolina Beach North Carolina

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