Legal Notices for December 13th, 2017

By / Legal Notices / Wednesday, 13 December 2017 05:00

Notice of Foreclosure Sale

IN THE GENERAL COURT
 OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
16SP839

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MICHAEL JESSE AND KATHY JESSE DATED SEPTEMBER 4, 2003 AND RECORDED IN BOOK 3999 AT PAGE 556 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 11:00AM on December 19, 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 a unit ownership in real property under and pursuant to Chapter 47C of the North Carolina General Statutes and being more particularly described as Section One, Phase III, Building Six, Unit A, Cap Cottages Condominiums, on a plat entitled “Cape Cottages Condominiums, Section One, Phase III, Building Six” recorded in Condominium Plat Book 11 at Pages 2-5, in the Office of the Register of deeds of New Hanover County, North Carolina, reference to which is hereby made for a more particular description.

Together with all rights and easements appurtenant to said unit, including, but not limited to, an undivided interest in the Common Elements and facilities of Cape Cottages Condominiums, all phases, as specifically enumerated in te Declaration of Condominium recorded in Book 2007 at Page 844, with a First Amendment to Declaration filed in Book 2017 Page 216 in the Office of the Register of Deeds of New Hanover County, North Carolina, and a Second Amendment to Declaration filed in Book 2037 Page 219 in the Office of the Register of Deeds of New Hanover County, North Carolina, and a Third Amendment to Declaration filed in Book 2054 Page 217 in the Office of the Register Deeds of New Hanover County, and any further amendments thereto.

And Being more commonly known as:  719 Melba Ct Apt A, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Cape Cottages Homeowners’ Association, Inc.

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 November 28, 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/
File No.:16-087755 • 1206 & 12/13

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Notice of Foreclosure Sale

IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
SUPERIOR COURT DIVISION
BEFORE THE CLERK
16 SP 217

NOTICE OF
FORECLOSURE SALE

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Shannon R. Suarez and Justin R. Suarez to Joseph C. Hearne, II, Trustee(s), which was dated November 25, 2009 and recorded on November 25, 2009 in Book 5453 at Page 0682 and rerecorded/modified/corrected on December 16, 2009 in Book 5456, Page 2570 and rerecorded/modified/corrected on March 26, 2015 in Book 5876, Page 2422, 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 December 19, 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 101, GARLINGTON HEIGHTS AT WEST BAY ESTATES as shown on that map recorded in Map Book 52 at pages 41-43, in the New Hanover County Registry, reference to said map 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 532 Foxfield Court, 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 Justin R. Suarez and wife, Shannon R. Suarez.

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
File No.: 11-16856-FC02 - 12/06&12/13

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS
AND DEBTORS
FILE NO. 17 E 1580

Jean H. Evans, having qualified as Administrator of the Estate of Jimmie O’Neal Hunter, deceased, late of New Hanover County, North Carolina, does hereby notify all persons, firms and corporations having claims against the estate of said deceased to exhibit them to the undersigned at 5725 Oleander Drive, Suite C-3, Wilmington, NC 28403 on or before the 22nd day of February, 2018 or this notice will be pleaded in bar of their recovery. All persons, firms or corporations indebted to the said estate please make immediate payment to the undersigned.

This the 22nd day of November, 2017.

Jean H. Evans, Administrator

c/o James S. Price, Esq.
Price & Williams, P.A.
Attorneys at Law
5725 Oleander Drive, Suite C-3
Wilmington, NC 28403
(910) 791-9422 phone
(910) 791-0432 fax
11/22-12/13/17

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS
AND DEBTORS
17 E 1628

The undersigned, having qualified as Executor of the Estate of JESSE EUGENE HUNTLEY, II.,  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  23rd day of February, 2018 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 November 2017

CATHY B. HUNTLEY, Executor

c/o Kincaid & Associates, PLLC
Attorneys at Law
5215 Junction Circle, Suite 100
Wilmington, NC   28412
11/22-12/13/17

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS
AND DEBTORS
17 E 1605

The undersigned, having qualified as Executrix of the Estate of JOHN W. PROTENIC, 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  2nd day of March, 2018 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  29th  day of  November, 2017

JANICE M. REBMAN, Executrix
112 SUNSET DRIVE
DUNN, NC 28334
11/29-12/20/17

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Notice to Creditors

NORTH CAROLINA NEW HANOVER COUNTY

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK FILE: 17 E 1670

IN THE MATTER OF THE ESTATE OF KENNETH BRYAN PENLAND, DECEASED

NOTICE TO CREDITORS
 AND DEBTORS

Having qualified as Administratrix of the Estate of Kenneth Bryan Penland, deceased, late of New Hanover County, North Carolina, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before March 6, 2018, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 6th day of December,2017.

Alice F. Penland, Administratrix
Estate of Kenneth Bryan Penland

Joan A. Keston, Attorney at Law J.A. Keston Law, PLLC
1213 Culbreth Drive Wilmington, NC 28405 (910) 509-7121
12/06-12/27

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 17 E 1257

The undersigned, having qualified as Executor of the Estate of ROSELYN ANN BROWN, 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  9th day of March, 2018, 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  6th  day of  December, 2017

KATHLEEN SUE COCHRAN, Executor

c/o Kincaid & Associates, PLLC
Attorneys at Law
5215 Junction Circle, #100
Wilmington, NC 28412
12/06-12/27

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS
AND DEBTORS
17 E 1509

The undersigned, having qualified as Administrator of the Estate of Joseph Cornell Corbett Jr, 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  9th day of March, 2018 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  6th  day of  December, 2017

Patricia A. Corbett, Administrator
4909 Acres Drive
Wilmington NC 28411
12/06-12/27

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS
AND DEBTORS
17 E 1624

The undersigned, having qualified as Executor of the Estate of Joyce K. Johnson, 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  9th day of March, 2018 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  6th  day of  December, 2017

Dennis Johnson, Executor
108 East Bank Road
Wilmington NC 28412
12/06-12/27

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS
AND DEBTORS
17 E 1541

The undersigned, having qualified as Administrator CTA of the Estate of Ella Davline Vickers, 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  9th day of March, 2018 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  6th  day of  December, 2017

Anthony Pascone,
Administrator CTA
34 Wolfe Cove Rd.
Asheville NC 28804
12/06-12/27

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 16 E 824

IN RE ESTATE OF GENEVIEVE DORIS MATTIS

NOTICE TO CREDITORS

The undersigned attorney for the Estate, for and on behalf of CYNTHIA HUBBARD NEY MATHIS., the duly qualified Executrix of the Estate of GENEVIEVE DORIS MATTIS, Deceased, of New Hanover County, North Carolina, hereby notifies all person having claims against said Estate to present them to the undersigned at 3602 Wrightsville Avenue, Wilmington, NC 28403, on or before the 4th day of April, 2017 or this Notice shall be pleases in bar of any recovery. All persons indebted to said Estate will please make immediate payment to the undersigned.

This the 6th day of December, 2017.

CHAS M. LINEBERRY, JR.
THE LINEBERRY
LAW FIRM, PC
N.C. State Bar No. 13018
3602 Wrightsville Avenue
Wilmington, NC 28403
Tele: (910)798-0600
Attorney for the Estate of
GENEVIEVE DORIS MATTIS
12/06-12/27

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 17 E 1106

IN RE ESTATE OF STEVEN FREDERICK NACKENHORST

NOTICE TO CREDITORS

The undersigned attorney for the Estate, for and on behalf of BARBARA MARIE NACKENHORST, the duly qualified Executrix of the Estate of STEVEN FREDERICK NACKENHORST, Deceased, of New Hanover County, North Carolina, hereby notifies all person having claims against said Estate to present them to the undersigned at 3602 Wrightsville Avenue, Wilmington, NC 28403, on or before the 4th day of April, 2017 or this Notice shall be pleases in bar of any recovery. All persons indebted to said Estate will please make immediate payment to the undersigned.

This the 6th day of December, 2017.

CHAS M. LINEBERRY, JR.
THE LINEBERRY LAW FIRM, PC
N.C. State Bar No. 13018
3602 Wrightsville Avenue
Wilmington, NC 28403
Tele: (910)798-0600
Attorney for the Estate of
STEVEN FREDERICK
NACKENHORST
12/06-12/27

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS
AND DEBTORS
17 E 1472

The undersigned, having qualified as Executor of the Estate of Carolyn Kay Keller, 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  16th day of March, 2018 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  13th  day of  December, 2017

Dale Franklin Keller, Executor
8948 Woodcreek Circle
Wilmington NC 28411
12/13-1/03

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Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

NOTICE TO CREDITORS
AND DEBTORS
17 E 1688

The undersigned, having qualified as Executor of the Estate of MAE B KNIGHT AKA DORIS MAE B KNIGHT, 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  16th day of March, 2018 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  13th  day of  December, 2017

JESSE BROCK KNIGHT,
 Executor
435 TRAILS END ROAD
WILMINGTON NC 28409
12/13-01/03

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