Legal Notices for June 10th, 2015

By / Legal Notices / Wednesday, 10 June 2015 04:00

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
13SP1241

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY RYAN D. GURGANUS AND ASHLEY M. GURGANUS AKA ASHLEY MARIE GURGANUS DATED MAY 9, 2011 AND RECORDED IN BOOK 5562 AT PAGE 675 AND MODIFIED BY AGREEMENT RECORDED JUNE 18, 2013 IN BOOK 5746 PAGE 1391 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 June 18, 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:

BEING all of Lot 69, WINDSWEPT, Phase 2, as shown on that map recorded in Map Book 50 at Pages 233-236 in the New Hanover County Registry.

And Being more commonly known as:  512 Catamaran Dr, Wilmington, NC 28412

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Ryan Dale Gurganus and Ashley M. Gurganus.

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 May 14, 2015.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
13-055996
13-055996 • 06/03 & 06/10

 


 

Notice of Foreclosure Sale

NORTH CAROLINA
NEW HANOVER COUNTY
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 
BEFORE THE CLERK
15 SP 305

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM DOCKSIDE WB INVEST,EMTS, LLC NOW KNOWN AS DWBI 0911, LLC TO THE FIDELITY COMPANY, TRUSTEE, DATED JANUARY 31, 2007, RECOREDED IN BOOK 5136, PAGE 2312, AND MODIFIED IN BOOK 5383, PAGE 1839 AND IN BOOK 5463, PAGE 2149 ALL OF THE NEW HANOVER COUNTY REGISTRY

NOTICE OF
FORECLOSURE SALE
Pursuant to an order entered June 2, 2015, 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 THE CITY OF WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA ON June 24, 2015, AT 10:00 AM

the real estate and the improvements thereon secured by the Deed of Trust, less and except of any 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:

    LOCATED ON Airlie Road, City of Wilmington, New Hanover County, North Carolina AND BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING at a point in the western right of way line of Airlie Road (S.R. 1411) at an old “J” stone, as shown on map of Airlie Place recorded in Map Book 26 at Page 169 of the New Hanover County Registry; running thence from the point of beginning with property lines of Airlie Place, Inc., North 43 degrees 33 minutes West 418.57 feet to an iron pipe; North 43 degrees 20 minutes 57 seconds West 137.65 feet to an old “C” stone; North 47 degrees 4 minutes 11 seconds West 34.44 feet to an iron pipe; and South 42 degrees 10 minutes 2 seconds West 40.70 feet to an iron pipe in the northeastern property line of William O.J. And Jocelyn S. Lynch (formerly Ashworth); thence along Lynch’s property lines South 42 degrees 14 minutes 5 seconds East 171.02 feet to an iron pipe; and South 42 degrees 12 minutes 59 seconds East 427.18 feet to an “X” on a fence post concrete base in the western right of way line of Airlie Road; thence along the western right of way line of Airlie Road and with another of Lynch’s lines South 44 degrees 3 minutes 8 seconds West 52.55 feet to an old F.L.P. Stone; thence South 41 degrees 51 minutes 24 seconds East 40.51 feet to an iron pipe in the eastern right of way line of Airlie Road; thence along the eastern right of way line of Airlie Road as it curves to the west of chord and distance of South 55 degrees 1 minute West 115.40 feet to an iron pipe in a common property line with Gray Gables, as shown on map recoded in Map Book 26, Page 130 of the New Hanover County Registry; thence with property lines of Gray Gables South 41 degrees 36 minutes East 73.23 feet to an iron pipe and South 41 degrees 36 minutes East 147.00 feet, more or less, to the Intracoastal Waterway; thence along the Intracoastal Waterway North 51 degrees East 232 feet, more or less, to a point that bears South 43 degrees 33 minutes East from the point of Beginning; said point being in the property line of Seagate Office Park; thence with the property line of Seagate Office Park North 43 degrees 33 minutes West 276 feet, more or less, to the point of beginning.  The above described land being the same property described in deed recorded in Book 1287, Page 731 of the New Hanover County Registry.

In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.

The record owner(s) of the real property not more than ten days prior to the date hereof is Dockside WB Investments, LLC, now known as DWBI 0911, LLC.

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 property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” The undersigned Substitute Trustee shall convey title to the property by nonwarranty 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.

There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on or at the property being offered for sale. 

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 Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. An inability to convey title, includes, but is not limited to, the filing of a bankruptcy petition prior to confirmation of the sale and reinstatement of the loan without the knowledge of the Trustee. If the sale is challenged by any party, the Trustee in his/their/its’ sole discretion, if they believe the challenge has merit, may request the court to declare the sale void and to return any deposit. The purchaser shall have no further remedy.

To the extent of this sale involves residential property with less than fifteen (15) rental units, you are herby 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 or 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.

Stephen C. Bailey, Esq.
Bailey & Busby, PLLC
    Substitute Trustee
14865 US Hwy 17N
  PO Box 818
Hampstead, NC  28443
(910) 270-8830
(910) 270-8831 (Fax)
15 SP 305 • 06/10 & 06/17

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
File No: 15 E 665

The undersigned, having been duly qualified as Executrix of the Estate of Glenda Hurley, 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 18th day of August, 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 14th day of May, 2015.

Shelia Marshall, Executrix
NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
05/20-06/10

 


 

Notice to Creditors

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

The undersigned, having qualified as Executor, of the Estate of John M. Licari 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 1st day of September, 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 3rd day of June, 2015.

Charles J. Licari , Executor
 343 Shannon Court
Fort Walton Beach, FL 32548 06/04-06/24

 


 

Notice to Creditors

NOTICE TO CREDITORS
NORTH CAROLINA,
NEW HANOVER COUNTY

All persons, firms and corporations having claims against the Estate of Dolores Tomer Kirk, deceased, are notified to present the same to the personal representative listed below on or before September 8, 2015 or this notice will be pleaded in bar of recovery. All debtors of the said estate are asked to make immediate payment. This the 10th day of June, 2015.

Andrew Olsen, Attorney
Elder Law Firm of Andrew Olsen
6781 Parker Farm Drive, Suite 210
Wilmington, NC 28405
06/10-07/01

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
File No: 15E000673

The undersigned, having qualified as Executor, of the Estate of Marion F Cramp 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 18th day of August, 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 20th day of May, 2015.

Catherine C Giannini, Executor
5916 Saltaire Village Ct.
Wilmington NC 28412
05/20-06/10

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
File 15 E 742

The undersigned, having qualified as Executrix, of the Estate of David R. Peterson, deceased,  of Wilmington, New Hanover County, North Carolina, this is to notify all creditors of said Estate to file their claims against the same on or before September 10, 2015, or this Notice will be pleaded in bar of same. All persons indebted to said Estate will please make payment of such indebtedness at once. All claims against said Estate are to be filed with, and all debts owed to said Estate are to be paid to, the undersigned in care of Marshall, Williams & Gore, L.L.P. 14 South Fifth Avenue, Post Office Drawer 2088, Wilmington North Carolina 28402.

This 10th day of June, 2015.

Brenda C Peterson,
Executrix of the Estate of
David R. Peterson. Deceased

Lonnie B. Williams
MARSHALL, WILLIAMS & GORHAM L.L.P.
P.O. Drawer 2088
Wilmington NC 28402-2088
Telephone (910) 763-9891
ATTORNEYS FOR THE ESTATE OF BESSIE W. MARSHALL
06/10-07/01

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