Legal Notices for February 26th, 2020

By / Legal Notices / Wednesday, 26 February 2020 18:32

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
 DIVISION
NEW HANOVER COUNTY
18SP715

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY TIMOTHY J. FOXWORTH A/K/A TIMOTHY FOXWORTH AND JOANNA R. FOXWORTH DATED SEPTEMBER 8, 2009 AND RECORDED IN BOOK 5436 AT PAGE 1381 AND MODIFIED BY AGREEMENT RECORDED AUGUST 22, 2012 IN BOOK 5665, PAGE 697 AND FURTHER MODIFIED BY AGREEMENT RECORDED JANUARY 30, 2018 IN BOOK 6117, PAGE 1809 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 March 10, 2020 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 in that certain Deed of Trust executed Timothy J. Foxworth a/k/a Timothy Foxworth and Joanna R. Foxworth, dated September 8, 2009 to secure the original principal amount of $307,330.00, and recorded in Book 5436 at Page 1381 of the New Hanover County Public Registry.  The terms of the said Deed of Trust may be modified by other instruments appearing in the public record.  Additional identifying information regarding the collateral property is below and is believed to be accurate, but no representation or warranty is intended.

Address of property:         1140 Rivage Promenade,
Wilmington, NC 28412
Tax Parcel ID:            R07617-002-003-000
Present Record Owners:        Jake J. Foxworth and Joanna R. Foxworth

And Being more commonly known as:  1140 Rivage Promenade, Wilmington, NC 28412

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Jake J. Foxworth and Joanna R. Foxworth.

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 January 27, 2020.

Grady I. Ingle or
Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
Case#18-100374 •02/26&03/04

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT
DIVISION  
20 E 144

EXECUTOR NOTICE

Having qualified as Executor of the Estate of Nancy Christine Brown Hankins, late of Wilmington, New Hanover County, North Carolina, this is to notify all persons, firms and corporations having claims against the Estate of said decedent to exhibit them to the undersigned on or before May 13, 2020,  or this notice will be pleaded in bar of their recovery.  All persons, firms and corporations indebted to said Estate please make immediate payment to the  undersigned.

THIS the 12th day of February, 2020.

Vicki Christine Hankins
214 Southwold Drive
   Wilmington, NC 28409

Patricia C. Jenkins
Hogue Hill, LLP
Attorneys at Law
P. O. Box 2178
Wilmington, NC  28402
02/12-03/04

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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
20 E 95

NOTICE TO CREDITORS AND DEBTORS

Having qualified as EXECUTOR of the Estate of ZOE KATHRYN EGGLETON WALTERS, 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 20th day of May, 2020, 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 12th day of February, 2020.

ANDERSON HOWEL
WALTERS, III, Executor
of the Estate of ZOE KATHRYN EGGLETON WALTERS

c/o
PAUL A. NEWTON,
ATTORNEY
P.O. Box 1807
Wilmington,
North Carolina 28402
910-769-2896
02/12-03/04

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File No. 20 E 153
 
The undersigned, having qualified as Executor of the Estate of MARGARET T. TRAFLET., 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  15th day of May, 2020 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 February, 2020.

DONALD F. TRAFLET, JR., Executor
4324 PRESCOTT COURT
WILMINGTON NC 28412
02/12-03/04

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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. 20 E 183

NOTICE TO CREDITORS AND DEBTORS

In the Matter of the Estate of
Jerry C. Woodell,
Deceased.

The undersigned, having qualified as Executrix of the Estate of Jerry C. Woodell, deceased, this is to notify all creditors of said Estate to file their claims against the same on or before May 19, 2020, 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 Avenue, Post Office Drawer 2088, Wilmington, North Carolina 28402.

This the 19th day of February, 2020.

GLORIA W. WOODELL
Executrix of the Estate of
Jerry C. Woodell, 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
02/19-03/11

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS

The undersigned, PATRICIA S. BOYD having qualified as the EXECUTRIX of the Estate of DALE W. BOYD. Deceased, hereby notifies all persons, firms or corporations having claims against the Decedent to exhibit same to the said  PATRICIA S. BOYD at the address set out below, on or before May 26, 2020, 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 19TH day of February, 2020

PATRICIA S. BOYD
EXECUTRIX OF THE
ESTATE OF DALE W. BOYD.

c/o ROBERT H. HOCHULI, JR.
219 RACINE DR., SUITE A6
WILMINGTON, NC 28403
02/26-03/18

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Process by Publication

STATE OF
NORTH  CAROLINA
COUNTY OF
NEW HANOVER

IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION
20-CVS-216

WITTIS FAULK, LR.,
PLANTIFF
VS.
SHERRIE S. MOSLEY,
DEFENDANT,

TO: SHERRIE S. MOSLEY
101 S. 16TH STREET
WILMINGTON NC, 28401
(Last Know Address)

NOTICE OF PUBLICATION

TAKE NOTICE that a pleading seeking relief against you has been filed on the above entitled action. The nature of the relief being sought is Custody.
YOU ARE REQUIRED to make a defense no later than (40) days following February 19th, 2020, and upon your failure to do so, Plaintiff will apply to the Court for the relief sought.

This the 19th day of February, 2020.

CHAS M. LINEBERRY, JR.
THE LINEBERRY LAW FIRM, PC
N.C. State Bar No. 13018
4320-B Wrightsville Avenue
Wilmington, NC 28403
Tele: (910)798-0600
Facsimile: (910)798-0401
Attorney for the Plaintiff
02/19-03/04

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Process by Publication

NOTICE OF SERVICE OF PROCESS BY PUBLICATION
STATE OF
NORTH CAROLINA
NEW HANOVER COUNTY In the General Court of Justice District Court Division-mall Claims
20-CVM-263

Christopher John Schwartz.,
Plaintiff
VS.
Jennifer Bree Moenich,
Defendent

TO: Jennifer Bree Moenich
726 N. College Road
Wilmington NC 28405
(Last Know Address)

MAGISTRATE SUMMONS

Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought in as follows: (2004 Nissan Xterra VIN#5N1ED28Y04C610254) You are required to make defense to such pleading not later than (March 16th 2020) and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This, the 19th day of February , 2020.

Christopher Schwartz
300 Michigan Ave.,
Wilmington NC 28401
02/19-03/04

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