Legal Notices for October 26th, 2016

By / Legal Notices / Wednesday, 26 October 2016 04:00

Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
16 SP 569

NOTICE OF
FORECLOSURE SALE

 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Nicholas V. Dinapoli and Jana L. Dinapoli to Trste, Inc., Trustee(s), which was dated February 6, 2006 and recorded on February 24, 2006 in Book 4983 at Page 944, 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 November 1, 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:

ALL THAT CERTAIN PROPERTY SITUATED IN THE CITY OF WILMINGTON IN THE COUNTY OF NEW HANOVER AND STATE OF NORTH CAROLINA AND BEING DESCRIBED IN A DEED DATED 11/10/2004 AND RECORDED 11/10/2004 IN BOOK 4564 PAGE 191 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE AND REFERENCED AS FOLLOWS, LOT 3, SECTION 1, BELMAR FOREST, PLAT BOOK 36

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

Said property is commonly known as 5921 Rowsgate Lane, Wilmington, NC 28411.

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 Nicholas V. DiNapoli and wife, Jana L. DiNapoli.

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
16-13356-FC01 • 1019&10/26

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Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
13SP610

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JEFFREY S. BAILEY AKA JEFFREY SCOTT BAILEY AND ASHLEY JOHNSON BAILEY DATED MAY 19, 2008 AND RECORDED IN BOOK 5314 AT PAGE 1522 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 November 8, 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:

BEGINNING at a point in the Southern right of way line of Semmes Drive, said point being located South 11 degrees 19 minutes 30 seconds West 424.0 feet, North 78 degrees 40 minutes 30 seconds West 111.97 feet, North 73 degrees 15 minutes 45 seconds West 100.0 feet, North 62 degrees 26 minutes 30 seconds West 100.0 feet, North 51 degrees 37 minutes West 100.0 feet, North 40 degrees 47 minutes 30 seconds West 100.0 feet, North 30 degrees 28 minutes 15 seconds West 90.78 feet, North 25 degrees 33 minutes 30 seconds West 175.59 feet, North 43 degrees 46 minutes 15 seconds West 157.6 feet, North 66 degrees 32 minutes 15 seconds West 40.02 feet, North 76 degrees 19 minutes 15 seconds West 46.0 feet, North 81 degrees 33 minutes 30 seconds West 355.95 feet, North 75 degrees 27 minutes 30 seconds West 90.2 feet and Noth 61 degrees 14 minutes West 120.00 feet from the intersection of the western right of way line of John D. Barry Drive with the Southern right of way line of Robert E. Lee Drive.  Running thence with the Southern right of way line of Semmes Drive, North 53 degrees 06 minutes 30 seconds West 115.53 feet to a point; running thence South 36 degrees 53 minutes 30 seconds West 182.0 feet to a point; running thence South 53 degrees 06 minutes 30 seconds East 115.53 feet to a point; running thence North 36 degrees 53 minutes 30 seconds East 182.0 feet to the point of beginning.  Subject to a 20 foot drainage easement along the rear of lot.  Together with a 60 foot right of way over Semmes Drive being located as shown on the attached Map of Street Right of way, subject also, to the same restrictions applicable in Section 9, Pine Valley Estates as contained in an instrument recorded in Book 755 at Page 558 of the New Hanover County Registry.

And Being more commonly known as:  402 Semmes Dr, Wilmington, NC 28412

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Jeffrey Scott Bailey and Ashley Johnson Bailey.

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 October 4, 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/
13-054755 • 10/26&11/02

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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 249

AMENDED NOTICE OF FORECLOSURE SALE

  Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Tamah L. Pederson to Chiaki Ito, Trustee(s), which was dated December 12, 2005 and recorded on December 12, 2005 in Book 4950 at Page 2295 and rerecorded/modified/corrected on January 18, 2006 in Book 4966, Page 2946, 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 November 8, 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 141, Section Nine, Cypress Island, as shown on a map of same recorded in Map Book 41 at Page 325 of 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 9333 Line 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 Tamah L. Pederson.

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) 392-858713-056575
16-05047-FC01 • 10/26&11/02

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS

The undersigned,  Bobbi Hewett having qualified as the Administrator of the Estate of  James Mervis Hewett notifies all persons, firms or corporations having claims against the Decedent to exhibit same to the said  Bobbi Hewett at the address set out below, on or before January 15, 2017, or this notice may be pleaded in bar of any payment or recovery of same. All persons indebted to said Decedent will please make immediate payment to the undersigned at the address set out below.

This the 4th day of August, 2016

Bobbi Hewett
Administrator of the Estate of  James Mervis Hewett

c/o ROBERT H. HOCHULI, JR.
219 RACINE DR., SUITE A6
WILMINGTON, NC 28403
10/5, 10/12, 10/19 & 10/26

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS

The undersigned,  Gina Steidle having qualified as the Administrator of the Estate of Aislinn Nicole Miller notifies all persons, firms or corporations having claims against the Decedent to exhibit same to the said Gina Steidle at the address set out below, on or before January 15, 2017, or this notice may be pleaded in bar of any payment or recovery of same. All persons indebted to said Decedent will please make immediate payment to the undersigned at the address set out below.

This the 4th day of August, 2016

Gina Steidle
Administrator of the Estate of Aislinn Nicole Miller

c/o ROBERT H. HOCHULI, JR.
219 RACINE DR., SUITE A6
WILMINGTON, NC 28403
10/5, 10/12, 10/19 & 10/26

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 16 E 1314

The undersigned, having qualified as Administrator of the Estate of John Attilio Wawruck 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  3rd day of January, 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  5th  day of October 2016

Annalene W Wawruck,
 Administrator
209 Solid Hollow Lane
Wilmington NC 28412
10/5, 10/12, 10/19 & 10/26

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 16 E 1292

The undersigned, having qualified as Administrator of the Estate of Jimmy R Goza 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  3rd day of January, 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  5th  day of October 2016

Donald M Goza, Administrator
206 Hollins Rd
Wilmington NC 28412
10/5, 10/12, 10/19 & 10/26

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 16 E 1327

The undersigned, having qualified as Administrator of the Estate of John Allan Hill 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  3rd day of January, 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  5th  day of October 2016

Charis Hill, Administrator
217 24th Street Apt C
Sacramenton CA 95816
10/5, 10/12, 10/19 & 10/26

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 16 E 1327

The undersigned, having qualified as Administrator of the Estate of John Allan Hill 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  3rd day of January, 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  5th  day of October 2016

Charis Hill, Administrator
217 24th Street Apt C
Sacramenton CA 95816
10/5, 10/12, 10/19 & 10/26

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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 Imogene Cagle Dubree, 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 January 12, 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 12th day of October, 2016.

Michele D. Howell, Executrix
of the Estate of
Imogene Cagle Dubree

c/o Stuart L. Egerton,
Attorney at Law
720 North 3rd St. Ste. 401
Wilmington, North Carolina 28401
10/5, 10/12, 10/19 & 10/26

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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

XECUTRIX’S NOTICE TO CREDITORS 16 E 1351

IN THE MATTER OF THE
ESTATE OF KATHRYN PERDEW MINNICK

Having qualified as Executrix of the Estate of Kathryn Perdew Minnick of New Hanover County, North Carolina, this is to notify all persons having claims against the estate of Kathryn Perdew Minnick to present them to the undersigned on or before January 17, 2017, that being three (3) months from the first day of publication of this Notice, or same shall be pleaded in bar of their recovery.  All persons indebted to said estate please make immediate payment.

This the 19th  day of October, 2016.

June White Ingram
Executrix of the Estate of
Kathryn Perdew Minnick
    P.O. Box 1301
Wilmington, NC 28402-1301

WILLIAM JOSEPH BONEY, JR.
Attorney at Law
P.O. Box 1301
Wilmington, NC 28402-1301

10/19 10/26,11/02&11/09

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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 NO. 16 E 1414

NOTICE TO CREDITORS

In the Matter of the Estate of  
Steven M. Dodson, Deceased                                          

The undersigned, having qualified as Administrator of the Estate of Steven M. Dodson, deceased, this is to notify all creditors of said Estate to file their claims against the same on or before February 2, 2017, 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 & Gorham, L.L.P., 14 South Fifth Street, Post Office Drawer 2088, Wilmington, North Carolina  28402.

This the 2nd day of November, 2016.

CHRISTIE W. DOSS
Administrator of the Estate of
Steven M. Dodson, Deceased

ATTORNEYS FOR THE ESTATE:
Lonnie B. Williams, Jr.
MARSHALL, WILLIAMS & GORHAM, L.L.P.
P.O. Drawer 2088
Wilmington, NC  28402-2088
Telephone (910) 763-9891
10/26, 11/02, 11/09 & 11/16

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 16 E 1355

The undersigned, having qualified as Executor of the Estate of John Maloney Stearns Sr., 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  24th day of January, 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  26th  day of October 2016

Bobby Arthur Stearns, Executor
4450 Nature Ave.
Manhattan KS 66502
10/26, 11/02, 11/09 & 11/16

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 16 E 1355

The undersigned, having qualified as Executirx of the Estate of Garoll Dee Willis., 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  24th day of January, 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  26th  day of October 2016

Terrie Willis Teachey, Executirx
4423 Grey Oaks Ct
Wilmington NC 28412
10/26, 11/02, 11/09 & 11/16

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Notice to Creditors

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

Having qualified as Executrix for the Estate of the late Jennifer L Passantino 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 do Paula A. Kohut, Kohut, pllc, P.O. Box 269, Wilmington, North Carolina 28402 on or before the 24th day of January, 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 26th day of October, 2016.

John T Passantino, Administrator for the Estate of
Jennifer L Passantino

Paula A. Kohut
KOHUT, pllc
513 Market Street
Wilmington, NC 28401
P0 Box 269
Wilmington, NC 28402
10/26, 11/02, 11/09 & 11/16

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