Legal Notices for July 22nd, 2015

By / Legal Notices / Wednesday, 22 July 2015 04:00

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
15SP418

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MARY R. BURGWYN DATED MAY 10, 1996 AND RECORDED IN BOOK 2029 AT PAGE 326 IN THE NEW HANOVER COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:30AM on August 5, 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:

Beginning at a point in the Southern line of Grace Street 79 feet eastwardly as measured along said Southern line of Grace Street from its intersection with the Eastern line of Fourteenth Street, and running thence from said beginning point, and parallel with Fourteenth Street, South 5 degrees 27 minutes East 150 feet to a point in the Northern line of a 15 foot alley; thence North 84 degrees 33 minutes East along the Northern line of said alley and parallel with Grace Street 40 feet to a point; thence North 5 degrees 27 minutes West and parallel with Fourteenth Street 150 feet to a point in the Southern line of Grace Street; thence South 84 degrees 33 minutes West along said Southern line of Grace Street 40 feet to the point of beginning. The same being a part of Lots 1, 2, and 3 in Block 475 as said Block is shown on the Official Plan of the City of Wilmington.

Being also the same property described in Deed to Harry L. Baur (divorced), dated March 23, 1994, and recorded March 24, 1994, in Book 1758 at Page 0141 of the New Hanover County Registry.

And Being more commonly known as:  1406 Grace St, Wilmington, NC 28401

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

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 July 15, 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/
15-070603
15-070603 • 07/22&07/29

 


 

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
BEFORE THE CLERK
14 SP 942

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM CLYDE FUTCH, JR. AND LARK B. FUTCH, DATED APRIL 19, 2005, RECORDED IN BOOK 4765, PAGE 678, NEW HANOVER COUNTY REGISTRY AND A DEED OF TRUST FROM CLYDE FUTCH, JR. AND LARK B. FUTCH, DATED NOVEMBER 23, 2009, RECORDED IN BOOK 5452, PAGE 1968, NEW HANOVER COUNTY REGISTRY

NOTICE OF
FORECLOSURE SALE
Pursuant to an order entered May 26, 2015, in the Superior Court for New Hanover County, and the power of sale contained in the captioned deeds of trust (“Deeds of Trust”), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash,
AT THE COURTHOUSE DOOR IN WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA ON JULY 30, 2015,
AT 10:00 A.M.
the real estate and the improvements thereon secured by the Deeds of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in New Hanover County, North Carolina, and being more particularly described as follows:
TRACT ONE: Beginning at an iron stake in the dividing line between Tracts 7 and 25 as shown on a map made for D. L. Gore recorded in Book 67, at Page 101, New Hanover County Registry, said iron stake being more specifically located as follows:
BEING North 9 degrees 01 minute 45 seconds West 160.0 feet as measured along the dividing line between tracts 7 and 25 from a stone, the southeast corner of Tract 7 and the southwest corner of Tract 25, this said stone being the beginning point of the tract of land described in a mortgage from Earl A. Jackson and wife to J. W. Reeves and others and recorded in Book 422, at Page 29 New Hanover County Registry. Runs thence from said Beginning Point along the dividing line between tracts 7 and 25, North 9 degrees 01 minute 45 seconds West 160.0 feet to an iron pipe; thence South 69 degrees 35 minutes 15 seconds West 188.88 feet to an iron pipe in the dividing line between Tracts 6 and 7 as shown on the above mentioned map; thence along the dividing line between Tracts 6 And 7, South 8 degrees 56 minutes 30 seconds East 160.28 feet to an iron pipe; thence North 69 degrees 28 minutes 30 seconds East 189.28 feet to the point of beginning, being part of Tract 7 of a subdivision known as Fisherville, and being the same property conveyed or intended to be conveyed to Clyde Futch, Jr., by deed recorded in Book 1344, at Page 140 of the New Hanover County Registry.
Together with a right of way and easement in, over, under, upon and across the following tract or parcel of land:
BEGINNING at a point on the northern right of way line of U. S. Highway 74, said point being located North 9 degrees 00 minutes 45 seconds West 67.51 feet from the southwestern corner of Lot 7, Fisherville, as shown upon a map thereof recorded in Book 67, at Page 101 of the New Hanover County Registry. Runs thence along the northern right of way line of U. S. Highway 74, South 57 degrees 09 minutes East 25.07 feet to a point;  runs thence North 8 degrees 56 minutes 30 seconds West 273.27 feet to a point; runs thence South 69 degrees 35 minutes 15 seconds West 25 feet more or less, to a point in the western line of Lot 7 of Fisherville; runs thence with the western line of said Lot 7, South 9 degrees 00 minutes 45 seconds East to the point of beginning, the same being part of Lot 7 of Fisherville.
TRACT TWO: BEGINNING at a point in the Northeastern right of way line of U. S. Highway #74 (150 foot right of way), said point being located 1251.0 feet as measured Northwestwardly along the Northeastern right of way line of U. S. Highway #74 from a point that is located 32 degrees 37 minutes 15 seconds East 150.0 feet from the point of intersection of the Southwestern right of way line of U. S. Highway #74 with the centerline of Racine Drive (S.R. #1905); running thence from said Beginning point, with the Northeastern right of way line of U. S. Highway #74 North 57 degrees 22 minutes 45 seconds West 243.16 feet to a point; running thence North 69 degrees 44 minutes 15 seconds East 185.3 feet to a point in the Western line of a 20 foot access easement as described in Book l347, Page 750 of the New Hanover· County Registry;  running thence with the Western line of said 20 foot access easement South 09 degrees 00 minutes 45 seconds East 197.7 feet to the point of Beginning, containing 0.41 acres more or less and being a part of Lot 6, Fisherville as shown on a map recorded in Book 67, Page 101 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 of the real property not more than ten days prior to the date hereof is Clyde Futch, Jr.
    A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder.  The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale.  The undersigned Substitute Trustee shall convey title to the property by non-warranty deed.
    This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deeds of Trust.  This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.
    The purchaser of the property described above shall pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A 308(a)(1) of the North Carolina General Statutes.  If the purchaser of the above described property is someone other than the Beneficiary under the Deeds of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.
    To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following:
 a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold; and
 b. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord.  Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. 

This 26th day of May, 2015.
 
Nicole Molin Ray, Esq.
Substitute Trustee
2808 Wind Bluff Circle
Wilmington, NC 28409
Telephone: (910) 470-4120
14 SP 942  • 07/22&07/29

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
15E0001865

The undersigned, having qualified as Executrix, of the Estate of Yvonne C Pharr 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 29th 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 1st day of July, 2015.

Debra H. Reeves, Executrix
101 Redwood Ct
Wilmington NC 28412
07/01-07/23

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
15 E 563

The undersigned, having qualified as Administrator, of the Estate of Sharon Denise Stone 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 29th 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 1st day of July, 2015.

Syron Stones, Administrator
316 Cobblestone Dr.
Wilmington NC 28405
07/01-07/22

 


 

Notice to Creditors

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

Having qualified as Executor for the Estate of the late Alan S. Rosenberg 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, pllc, 1422 Country Club Road, Wilmington, North Carolina 28403 on or before the 29th day of September, 2015, 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 24th day of June, 2015.

Robert C. Rosenberg
Gary F. Rosenberg
Executor for the Estate of Alan S. Rosenberg

Paula A. Kohut
KOHUT, pllc
1422 Country Club Road
Wilmington, NC 28403
07/01-07/23

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
15E0001824

The undersigned, having qualified as Executor, of the Estate of Geneva B. LaFon a.k.a. Geneva Blankenship LaFon 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 29th 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 1st day of July, 2015.

Rush Delano LaFon , Executor
417 Greenwood Road
Wilmington NC 28409

07/01-07/23

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
15 E 883

The undersigned, having qualified as Executrix, of the Estate of Daniel R. Herman 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 6th day of October, 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 8th day of July, 2015.

Dorothea F. Herman, Executrix

Mitzi Y. Kincaid, Esq.
Kincaid & Associates, PLLC
Attorneys at Law
5215 Junction Circle, Suite 100
Wilmington, NC   28412
07/08-07/30

 


 

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
FILE # 15 E 892

Having qualified as EXECUTRIX of the Estate of WILLIAM N. BURNER, 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 12th day of October, 2015, 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 8th day of July, 2015

TERESA TAM WONG BURNER, Executrix of  the Estate of
WILLIAM N. BURNER
c/o
PAUL A. NEWTON, ATTORNEY
107 N. 2nd Street, Suite C
Wilmington, North Carolina 28401

07/08-07/30

 


 

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 Kenneth A. Bryant 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 6th day of October, 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 8th day of July, 2015.

Kenneth A. Bryant, II, Executor
539 Vallie Lane
Wilmington NC 28412
07/08-07/30

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
15 E 827

The undersigned, having qualified as Executrix, of the Estate of Margaret Bethea Everett 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 13th day of October, 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 15th day of July, 2015.

Sandra Canady Executrix
6206 Motts Village Rd
Wilmington NC 28412
07/15-08/05

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
15E000946

The undersigned, having qualified as Executrix, of the Estate of Mildred Thomas Cole 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 20th day of October, 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 22nd day of July, 2015.

Barbara Cole Dittmer Executrix
4802 Still Well Road
Wilmington NC 28412
07/22-08/12

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
15E000943

The undersigned, having qualified as Executor, of the Estate of Eunice R. Horne 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 20th day of October, 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 22nd day of July, 2015.

Douglas R. Horne, Executor
292 Williams Road
Wilmington NC 28409
07/22-08/12

 


 

Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS
AND DEBTORS
15E000936

The undersigned, having qualified as Administrator, of the Estate of Ernestine M Hobbs 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 20th day of October, 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 22nd day of July, 2015.

Beverly P. Britt, Administrator
3410 Osprey Lane
Wilmington NC 28409
07/22-08/12

 


 

Summons by Publication

NOTICE OF SERVICE OF summons by publication
STATE OF Maine
Kennebec COUNTY
CV-15-50

In the District Court
Before the Clerk

Susan L. Whittington, Plaintiff
V.
Calvin H. Green, Defendant

The plaintiff has begun a lawsuit against you and the Superior Court, which hold session at 95 State Street, and the town/city of a Augusta, County of Kennebec, Maine. If you wish to oppose the lawsuit, you or your attorney must serve your answer, by delivering a copy of it in person or by mail to the plaintiffs attorney, or the plaintiff, his name and address appear below. You or your attorney must also file the original of your answer with the court by mailing it to the following address; Clerk of Superior Court, 95 State Street, Augusta, ME 04330 before, or within a reasonable time, it is served. Court rules governing
the preparation and service of answer are found at www.courts.Maine.gov Important warning: if you fail to serve an answer within the time stated above, or if after you answer, you failed to appear at any time the court notifies you to do so, A judge bed by the fall may be entered against you and your absent for the money damage or other relief demanded in the complaint. If this occurs, your employer may be ordered to pay part of your way just to the plaintiff or your personal property, including bank accounts and your real estate maybe taken to satisfy the judgment.

If you Believe the plaintiff is not entitled to all or part of the claim set forth in the complaint or if you believe you have a claim of your own against the plaintiff, you should talk to a lawyer. If you feel you cannot afford to pay a fee to a lawyer, you may ask the clerk of court for information at places where you may seek legal assistance.

J. William Druary, Jr.
Marden Dubord Bernier &
Stevens PA LLC
PO Box 708
Waterville, ME  04903-0708
Tel:  (207) 873-0186

07/15-07/29

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