Legal Notices for September 12th, 2018

By / Legal Notices / Wednesday, 12 September 2018 15:20

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
18sp236

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY RICK E. MCMAHON DATED JUNE 15, 2012 AND RECORDED IN BOOK 5648 AT PAGE 2018 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 September 18, 2018 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 23, Section 1, Eagles Nest Subdivision as shown on map of same recorded in Map Book 20, at Page 31 of the New Hanover County Registry, reference to which is hereby made for a more particular description

And Being more commonly known as:  3412 Osprey Ln, Wilmington, NC 28409

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

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 August 28, 2018.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
Case No. 18-098920 • 09/05&09/12

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Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
18 SP 317

NOTICE OF SALE

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Fred Wheeler to LSI Title - NATL Vendor, Trustee(s), dated the 9th day of June, 2011, and recorded in Book 5568, Page 2844, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on September 18, 2018 and will sell to the highest bidder for cash the following real estate situated  in the County of New Hanover, North Carolina, and being more particularly described as follows:

All of that certain lot or parcel of land situated in New Hanover County, North Carolina, and being more particularly described as follows:

Being all of Lot 32, Nantucket Pointe, as shown on the map of same recorded in Map Book 31 at Page 391 of the New Hanover County Registry, Being the same property conveyed to Grantors by that instrument recorded in the New Hanover County Registry in Deed Book 1989 at Page 496 on February 16, 1996. Together with improvements located thereon; said property being located at 6704 Yarmouth Way, Wilmington, North Carolina.

Assessor’s Parcel No R06705-010-032-000

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

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/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.  Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases.  Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, 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.

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.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination.  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.

SUBSTITUTE TRUSTEE
SERVICES, INC.
SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No.1241403 (FC.FAY)  •09/05&09/12

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Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
18 SP 432

NOTICE OF SALE

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Katherine E. Knight to Michael J. Broker, Trustee(s), dated the 22nd day of November, 2006, and recorded in Book 5113, Page 2485-2504, and Correction Affidavit in Book 5953, Page 2883, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on September 18, 2018 and will sell to the highest bidder for cash the following real estate situated  in the County of New Hanover, North Carolina, and being more particularly described as follows:

All that parcel of land in City of Wilmington, New Hanover County, State of North Carolina, as more fully described in Deed Book 4467, Page 411, ID#R03700-004-051-000, Being known and designated as Lot 149, Blue Point, filed in Plat Book 40, Page 35-36. Together with improvements located thereon; said property being located at 8204 Beddoes Drive, Wilmington, North Carolina.

By fee simple deed from Hardison Building Inc n/a as set forth in Book 4467, Page 411 dated 08/25/2004 and recorded 08/26/2004, New Hanover County Records, State of North Carolina.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

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/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.  Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases.  Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, 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.

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.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination.  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.

SUBSTITUTE TRUSTEE
SERVICES, INC.
SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No.1244959 (FC.FAY) •09/05&09/12

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Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
18 SP 483

NOTICE
OF FORECLOSURE SALE

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Jedidiah M. Harris and Chiquta L. Harris to William R. Echols, Trustee(s), which was dated April 15, 2011 and recorded on April 28, 2011 in Book 5560 at Page 1549 and rerecorded/modified/corrected on November 3, 2014 in Book 5848, Page 2663, 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 September 21, 2018 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 81, EXTON PARK TOWN HOMES, PHASE THREE, THE SAME BEING SHOWN ON THAT MAP ENTITLED “FINAL PLAT, EXTON PARK TOWN HOMES, PHASE THREE” RECORDED IN BOOK 53 AT PAGE 226 OF THE NEW HANOVER COUNTY REGISTRY.

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

Said property is commonly known as 4804 Exton Park Loop, Castle Hayne, NC 28429.

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 Jedidiah M. Harris and wife, Chiquta L. Harris.

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
Case No.17-14147-FC01•09/05&09/12

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Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
18 SP 92

AMENDED NOTICE
OF FORECLOSURE SALE

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by David A. Mims, III and Valerie P. Mims aka Valerie D. Mims to Ben H. Colvard, III, Trustee(s), which was dated May 24, 2004 and recorded on May 28, 2004 in Book 4346 at Page 682, 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 September 21, 2018 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 Tract 2, containing 1.00 acres, more or less, as shown on a map for Ella Louise Jordan recorded in Map Book 23 at Page 14, New Hanover County Registry, to which map reference is made for a more particular description of subject property.

Subject to a 10-foot easement for egress and ingress along the southern line of said tract as shown on the above referenced map.

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

Said property is commonly known as 6509 Carolina Beach Road, 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 David A. Mims, III and wife, Valerie D. Mims.

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
Case No.16-21177-FC015 •09/05&09/12

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Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
17 SP 498

NOTICE OF SALE

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Courtney L. Abernathy to Trustee Services of Carolina, LLC, Trustee(s), dated the 18th day of April, 2005, and recorded in Book 4765, Page 321, and Modification in Book 5937, Page 911, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on September 25, 2018 and will sell to the highest bidder for cash the following real estate situated  in the County of New Hanover, North Carolina, and being more particularly described as follows:

All of Lot 188 in Section III of Silva Terra Subdivision as the same is shown on map of Section III recorded in Map Book 13 at Page 41 in the Office of the Register of Deeds of New Hanover County.  Together with improvements located thereon; said property being located at 303 Silva Terra Drive, Wilmington, North Carolina.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

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/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.  Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases.  Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, 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.

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.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination.  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.

SUBSTITUTE TRUSTEE
SERVICES, INC.
SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No.1215047 (FC.FAY) • 09/12&09/19

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Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP238

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY SANDRA MALLOY, MARRIED DATED NOVEMBER 24, 2006 AND RECORDED IN BOOK 5117 AT PAGE 93 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 September 25, 2018 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 western line of thirteenth Street one hundred sixty eight (168) foot southwardly from the southern line of Castle Street, running thence westwardly and parallel with Castle Street one hundred fifty five (155) feet, thence southwardly and parallel with thirteenth Street thirty (30) feet, thence eastwardly and parallel with Castle Street one hundred fifty five (155) feet, to the western line of thirteenth Street, thence northwardly and along the western line of Thirteenth Street (30) feet to the point of beginning, same being part of lot 3, in block 84 according to the official plan of the City of Wilmington, N.C. together with perpetual easement or right of way in to and over a strip of land ten (10) feet in width and sixty five (65) feet in length described as follows: Beginning at the northwest corner of the tract, hereinbefore described and running thence northwardly and parallel with Thirteenth Street sixty five (65) feet to the southern line of an alley, thence eastwardly along the southern line of said alley ten (10) foot, thence southwardly and parallel with Thirteenth Street sixty five (65) feet, thence westwardly and parallel with the hereinbefore mentioned * ten (10) feet to the point of beginning.

And Being more commonly known as:  610 S 13th Street, Wilmington, NC 28401

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

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 August 24, 2018.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
Case No.12-023415 •09/12&09/19

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Notice to Creditors

STATE OF
NORTH CAROLINA
COUNTY OF
NEW HANOVER

SUPERIOR COURT
DIVISION
BEFORE THE CLERK
    FILE # 18 E 964

NOTICE TO CREDITORS
AND DEBTORS

Having qualified as EXECUTRIX of the Estate of MILDRED ANDREWS NICHOLS, 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 28th day of November, 2018, 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 22nd day of August, 2018.

Cynthia N. Mintz, Executrix
of the Estate of MILDRED ANDREWS NICHOLS

PAUL A. NEWTON,
ATTORNEY
107 N. 2nd Street, Suite C
Wilmington, North Carolina 28401
910-769-2896
08/22-09/12

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Notice to Creditors

STATE OF
NORTH CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS
AND DEBTORS
18 E 939

The undersigned, having qualified as Executrix of the Estate of Brady Albert Jenkins 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 November, 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 the 22nd day of August, 2018.

Shelley Dawn Windham, 
Executrix
3433 Bragg Dr.
Wilmington NC 28409
08/22-09/12

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Notice to Creditors

STATE OF
NORTH CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS
AND DEBTORS
18 E 958

The undersigned, having qualified as Executor of the Estate of jean e. eason 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 November, 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 the 22nd day of August, 2018.

DENNIS A. EASON, 
Executor
301 SMOOT AVENUE
CURRIE NC 28435
08/22-09/12

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Notice to Creditors

STATE OF
NORTH CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS
AND DEBTORS
18 E 976

The undersigned, having qualified as Administratrix of the Estate of Marguerite Cannon Caulder 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 November, 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 the 22nd day of August, 2018.

Brenda Caulder Floyd, 
Administratrix
7272 Oak View Dr.
Leland NC 28451
08/22-09/12

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Notice to Creditors

STATE OF
 NORTH CAROLINA

COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File 18 E 934

The undersigned, having been duly qualified as Executor of the Estate of Emanuel Mezzano 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 23rd day of November, 2018, 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 22nd day of August, 2018.
            Frank Mezzano, Executor

NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE
ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
08/22-09/12

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Notice to Creditors

STATE OF
NORTH CAROLINA
COUNTY OF
NEW HANOVER

Executor’s Notice

The undersigned, having qualified as Executor of the estate of Elizabeth Walker Fensel, deceased, late of New Hanover County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 30th day of  November, 2018, 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 the 17th day of August, 2018.

Francis Peter Fensel, Jr.,
Executor
2502 Highland Drive
Wilmington, NC 28403
08/22-09/12

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Notice to Creditors

STATE OF
NORTH CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS
AND DEBTORS
18 E 917

The undersigned, having qualified as Administration of the Estate of Holley Lee Justice 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 November, 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 the 22nd day of August, 2018.

Minnie Justice, 
Administration
125 McCormick Ln.
Wilmington NC 28411
08/22-09/12

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Notice to Creditors

STATE OF
 NORTH CAROLINA

COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File 18 E 1026

The undersigned, having qualified as Executor of the Estate of John Zeko 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  30th day of November, 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 the 29th day of August, 2018.

Servet Lester Zeko, Executor
5208 Leisure Circle
Wilmington NC 28409
08/29-09/19

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Notice to Creditors

STATE OF
 NORTH CAROLINA

COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File 18 E 728

The undersigned, having qualified as Executrix of the Estate of William Henry Mathewson 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  30th day of November, 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 the 29th day of August, 2018.

Karen A Devone, Executrix
329 Fox Wood Lane
Wilmington NC 28409
08/29-09/19

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
FILE NO: 18 E 806

The undersigned, having qualified as Executrix of the Estate of JOAN ANDREW BRUNETTI 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  30th day of November, 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 the 29th day of August, 2018.
JULIE COX, Executrix

c/o Jackson & Associates
228 North Front Street,
Suite 201
Wilmington, NC 28401
Phone: (910)763-1041
Fax: (910)763-9375
08/29-09/19

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
FILE NO: 18 E 1007

The undersigned, having qualified as Administratrix of the Estate of BRADFORD RANDOLPH CULLEN 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  30th day of November, 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 the 29th day of August, 2018.

SANDRA DENNIS CULLEN, Administratrix
317 SEMMES DRIVE
WILMINGTON NC 28412
08/29-09/19

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
FILE NO: 18 E 931

The undersigned, having qualified as Executor of the Estate of ROSELLA B. BELLAMY 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  30th day of November, 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 the 29th day of August, 2018.

RAYMOND MORRISON BROWN, Executor
3820 BLOOMFIELD LANE
WILMINGTON NC 28412
08/29-09/19

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
FILE NO: 18 E 929

The undersigned, having qualified as Executrix of the Estate of Craig Schillinger 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  7th day of December, 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 the 5th day of September, 2018.

Amanda Gale Fox, Executrix
4212 Crockette Rd
Wilmington NC 28409
09/05-09/26

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
FILE NO: 18 E 1052

The undersigned, having qualified as Executrix of the Estate of Aslee Roberts McClellan 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  7th day of December, 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 the 5th day of September, 2018.

Lisa McClellan Hodge,
Executrix
103 Chula Vista Dr
Wilmington NC 28412
09/05-09/26

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
FILE NO: 18 E 1013

The undersigned, having qualified as Executrix of the Estate of David Alfred Ashbaugh 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  7th day of December, 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 the 5th day of September, 2018.

Dorothy Pearsall Ashbaugh, Executrix
131 Ocean View Ave
Carolina Beach NC 28428
09/05-09/26

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
FILE NO: 18 E 1040

The undersigned, having qualified as Executor of the Estate of Constance Bridges Morton 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  7th day of December, 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 the 5th day of September, 2018.

Cameron Alex Morton,
Executor
1104 Lacewood Ct
Wilmington NC 28409
09/05-09/26

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
FILE NO: 18 E 1010

The undersigned, having qualified as Executrix of the Estate of Mabel Bell Price 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  7th day of December, 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 the 5th day of September, 2018.

Carol P Ward, Executrix
6319 Gordon Rd.
Wilmington NC 28411
09/05-09/26

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS

Having qualified as Executor for the Estate of the late Jessie Lee Flowers 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 Abby L. Adams, Kohut & Adams, P.A., P.O. Box 269, Wilmington, North Carolina 28402 on or before the 5th day of December, 2018, 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 5th day of September, 2018.
   
Oscar Glenn Russo Executor for the Estate of Jessie Lee Flowers

Abby L. Adams
KOHUT & ADAMS, P.A.
513 Market Street
Wilmington, NC 28401
PO Box 269
Wilmington, NC 28402
09/05-09/26

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS
FILE NO. 18 E 1061

Gina Maria Barbera, having qualified as Administratrix of the Estate of Anna Zawerucha Dolan, 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 7th day of December, 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 5th day of September, 2018.
   
Gina Maria Barbera,
Administratrix

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
09/05-09/26

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
FILE NO: 18 E 1058

The undersigned, having qualified as Executor of the Estate of GLENDA E. GARRASON a.k.a. GLENDA ELIZABETH GOFORTH GARRSON 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  7th day of December, 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 the 5th day of September, 2018.

JOHN H GARRASON,
Executor
1678 HONEY BEE LANE
WILMINGTON NC 28412
09/05-09/26

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
FILE NO: 18 E 1033

The undersigned, having qualified as Administrator(s) of the Estate of William John Trybulski 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  7th day of December, 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 the 5th day of September, 2018.

Kaitlin Marie Henry,
Co-Administrator
205 Holly Green Lane
Holly Springs NC 27540

Michael Casey Trybulski,
Co-Administrator
1119 Braemar Ct
Cary NC 27511
09/05-09/26

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
FILE NO: 18 E 1051

The undersigned, having qualified as Executrix of the Estate of Freddy Antonio Marriott 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  14th day of December, 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 the 12th day of September, 2018.

Emily J. Marriott, Executrix
249 Lake Forest Pkwy
Wilmington NC 28401
09/12-10/03

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
FILE NO: 18 E 1089

The undersigned, having qualified as Executrix of the Estate of Kelly Eugene Sarvis 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  14th day of December, 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 the 12th day of September, 2018.

Jean Bland Sarris, Executrix
913 Robert E Lee Drive
Wilmington NC 28412
09/12-10/03

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Lois Marie Fields late of 1101  Millheim Court, Wilmington, New Hanover County, North Carolina, this is to notify all persons, firms and corporations having claims against the Estate of Lois Marie Fields to exhibit them to the undersigned on or before the 90th day of this notice, December 17, 2018, 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 payment to the undersigned.

Eric Allen Fields,
Executor of the Estate of Lois Marie Fields
New Hanover County
File: 17 E 1778
            c/o Gregory M. Katzman
Shipman and Wright, LLP
575 Military Cutoff Road,
Suite 106
Wilmington, NC 28405
09/12-10/03

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File 18 E 1063

The undersigned, having been duly qualified as Executrix of the Estate of Roger Lee Spurbeck 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 14th day of December, 2018, 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 4th day of September, 2018.

Jo Ann Brookshire, Executrix
   
c/o NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH,
N. C. 28428
(910) 458-4466
09/12-10/03

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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:18 E 862          

In the Matter of the Estate of
EILEEN A. GILMARTIN
Deceased.
NOTICE TO CREDITORS

JAMES NOLAN having qualified as Executor of the Estate of Gilmartin deceased, hereby notifies all persons, firms or corporations having claims against the decedent to exhibit same to the said James Nolan at the address below on or before December 20th, 2018 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 is the 19th day of September 2018.

JAMES NOLAN, Executor
Estate of
EILEEN A. GILMARTIN

c/o KINCAID & ASSOC., PLLC
5215 Junction Circle, Suite 100
Wilmington, NC 28412
09/19-10/10

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Divorce

STATE OF
 NORTH CAROLINA

COUNTY OF
NEW HANOVER

NOTICE of divorce

Teresa Ann Dale and Gregory Grant Dale separated on 8/11/18. Any debt incurred after this date shall be the sole debt of that person.

Author

Super User

Super User

Carolina Beach North Carolina

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