Legal Notices for October 28th, 2020

By / Legal Notices / Wednesday, 28 October 2020 02:04

Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File No. 20 E 1105
 
The undersigned, having qualified as Executrix of the Estate of Beverly T Altobellis 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  8th day of January, 2021 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 7th day of October, 2020.

Carolyn Baker, Executrix
2803 Cattail Pond Dr.
Jacksonville FL 32224
10/07-10/28

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
 
Having qualified as Administratrix for the Estate of the late Sawni Keday Moo (aka Saw Ar Lee Sha, aka Shawni Ni Moo) 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 8th day of January, 2021, 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 10th day of October, 2020.

Naw Tha Ku Paw, Administratrix of the Estate of Sawni Keday Moo (aka Saw Ar Lee Sha, aka Shawni Ni Moo)  

Abby L. Adams
KOHUT & ADAMS, P.A.
513 Market Street
Wilmington, NC 28401
PO Box 269
Wilmington, NC 28402
10/07-10/28

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
of DONALD RALPH
TANCREDI
File No. 20 E 1046
 
Having qualified as Executor of the Estate of Donald Ralph Tancredi, deceased 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 exhibit them to the undersigned on or before the 7th day of January, 2021, or this notice will be pleaded in bar of recovery. All persons, firms and corporation indebted to the said estate will please make immediate payment to the undersigned.

This the 7th day of October, 2020.
Donald H. Caison, Jr.
Executor of the Estate of
Donald Ralph Tancredi

c/o Lawrence S. Boehling
Attorney at Law
P.O. Box 1416
Burgaw, NC 28425
910-259-3334
10/07-10/28

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
 
The undersigned, DAVID E. BROWN, DEBRA L. LAWHORNE AND DONNA M. RUTKOWSKI having qualified as the EXECUTORS of the Estate of MARGARET CHRISTINE BROWN A/K/A MARGARET CHRISTINE WILLET Deceased, hereby notifies all persons, firms or corporations having claims against the Decedent to exhibit same to the said  DAVID E. BROWN, DEBRA L. LAWHORNE AND DONNA SAUNDERS at the address set out below, on or before January 25, 2021, 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 24th day of September, 2020

DAVID E. BROWN, DEBRA L. LAWHORNE AND DONNA M. RUTKOWSKI
EXECUTORS OF THE ESTATE OF MARGARET CHRISTINE BROWN A/K/A MARGARET CHRISTINE WILLET

c/o
ROBERT H. HOCHULI, JR.
219 RACINE DR., SUITE A6
WILMINGTON, NC 28403
10/07-10/28

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File No. 20 E 1127
 
The undersigned, having qualified as Executor of the Estate of Herbert F Medlin 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  8th day of January, 2021 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 7th day of October, 2020.

Richard A Medlin, Executor
78 Valley View Lane
Nre Milford CT 06776
10/07-10/28

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
20 E 1191
 
The undersigned, having qualified as Administrator of the Estate of Kelly Nicole Ottaway 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 January, 2021 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 14th day of October, 2020.

David L Ottaway, Administrator
115 Carolina St.
Morrisville NC 27560
10/14-11/04

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
 
The undersigned, having qualified as Administratrix of the Estate of Carolyn DeVane Hardie 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 January, 2021 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 14th day of October, 2020.

Rosemary Barnhill Midgette, Administratrix
4937Sunny Ct.
Wilmington NC 28412
10/14-11/04

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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 1069

EXECUTOR NOTICE
 
Having qualified as Executor of the Estate of Deborah Ann Kuhns, 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 January 14, 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 14th day of October, 2020.

Peter LaForest Smith
32 Lane Court
Old Bridge, NJ 08857

c/o
Patricia C. Jenkins
Hogue Hill, LLP
Attorneys at Law
P. O. Box 2178
Wilmington, NC  28402
10/14-11/04

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
20 E 1213
 
The undersigned, having qualified as Executrix of the Estate of Elsie Louise Morgan 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 January, 2021 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 14th day of October, 2020.

Novella Sue Morgan Frieslander, Executrix
1323 Windsor Pines Court
Leland NC 28451
10/14-11/04

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Notice to Creditors

STATE OF
NORTH CAROLINA
COUNTY OF
NEW HANOVER

In the Matter of the Estate of Marian Elizabeth Hoffman, Deceased

NOTICE TO CREDITORS:
 
The undersigned, Executor of the Estate of Marian Elizabeth Hoffman, deceased, late of New Hanover County, North Carolina, this is to notify all persons,
firms and corporations having claims against said estate to present them to the undersigned on or before January 22, 2021, or this Notice will be pleaded in bar of recovery. All persons indebted to the said decedent or estate shall please make immediate payment to the undersigned.

This the 15th day of October, 2020.

Jan Eric Gustafson, Executor of the Estate of Marian Elizabeth Hoffman

c/o Anthony L. Register,
ALLEY, REGISTER & MCEACHERN,
701 North 4th Street,
Wilmington, NC 28401
10/14-11/04

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
20 E 1176
 
The undersigned, having qualified as Executor of the Estate of Gerard C Bradley 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 January, 2021 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 14th day of October, 2020.

Gerard J Bradley, Executor
5008 Bridgeport Way
Peachtree Corners, GA 30092
10/14-11/04

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
 
The undersigned, having qualified as Administratrix of the Estate of Maria Del Rosario Contreeras Palafox 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  22nd day of January, 2021 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 21st day of October, 2020.

Monica Castillo, Administratrix
186 Autumn Flame Road
Walstonburg NC 2788
10/21-11/11

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File No. 20 E 1251
 
The undersigned, having qualified as Executrix of the Estate of Nancy G Rogers aka Sara Nancy Rogers 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  22nd day of January, 2021 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 21st day of October, 2020.

Nancy Ann Leonard, Executrix
2961 Green Hill Rd.
Leland NC 28451
10/21-11/11

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File No. 20 E 1220
 
The undersigned, having qualified as Executrix of the Estate of Hill C Little aka Sarah Hill Little 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  22nd day of January, 2021 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 21st day of October, 2020.

Marian Bartosiewicz, Executrix
7501 E. McDowell Rd.
Unit 2172
Scottsdale AZ 85257
10/21-11/11

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File No. 20 E 1234
 
The undersigned, having qualified as Administrator of the Estate of Dale Ann Pilla 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  22nd day of January, 2021 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 21st day of October, 2020.

Thomas M Pilla Jr.,
Administrator
206 Hamlet Ave.
Carolina Beach NC 28428
10/21-11/11

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File No. 20 E 1166
 
The undersigned, having qualified as Executor of the Estate of Dorothy A Oldani 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  22nd day of January, 2021 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 21st day of October, 2020.

Carlo W Oldani., Executor
105 Vaud Ct.
New Bern NC 28562
10/21-11/11

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS OF
RUFUS WAYNE PARLIER
     20 E 478
 
Having qualified as Personal Representative of the Estate of Rufus Wayne Parlier deceased, of 1016 S. Kerr Avenue, Wilmington, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned on or before January 20, 2021, or this notice will be pleaded in bar of recovery.  All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.

Dated October 12, 2020.

Jason Earl Thompson,
Personal Representative

c/oCorbett & Fisler
P. O. Drawer 727
Burgaw, NC  28425-0727
10/21-11/11

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Notice to Creditors

ESTATE OF
HENRY TALMADGE WILKINS

NOTICE TO CREDITORS
FILE NO. 2020-E-1209

The undersigned, having qualified as Administrator of the Estate of Henry Talmadge Wilkins, deceased, of the County of New Hanover, State of North Carolina, this is to notify all persons, firms and corporations having claims against Henry Talmadge Wilkins, deceased, of New Hanover County, North Carolina, to present their claims in care of the undersigned attorney on or before the 1st day of February, 2021, or this notice will be pleaded in bar of their recovery.  All persons, firms and corporations indebted to said estate will please make immediate payment to the undersigned.

This the 21st day of October 2020.

ESTATE OF HENRY
TALMADGE WILKINS
Gloria Goff, Administrator

C/O Aaron D. Lindquist, Esq.
205 N. 5th Avenue
Wilmington, NC  28401
10/21-11/11

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Notice to Creditors

STATE OF
NORTH CAROLINA
COUNTY OF
NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 20 E 1245

The undersigned, having qualified as Executor of the Estate of David W. Dickson, 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 20th  day of January 2021 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 21st   day of October, 2020

Brian S. Dickson, Executor

c/o Sharon A. Hatton Law Office P.C.
P.O. Box 16017
Wilmington, NC  28408
10/21-11/11

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File No. 20 E 1275
 
The undersigned, having qualified as Executor of the Estate of Sue Nussman Yost 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  29th day of January, 2021 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 28th day of October, 2020.

James Christopher Neal., Executor
4100 Waylon Rd.
Wilmington NC 28411
10/28-11/18

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
 
The undersigned, having qualified as Administratrix of the Estate of MARY ALICE MOORE 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  29th day of January, 2021 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 28th day of October, 2020.

CHRISTINE M. ROSS,
Administratrix
1835 HAW BRANCH ROAD
BEULAVILLE NC 28518
10/28-11/18

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File No. 20 E 1282
 
The undersigned, having qualified as Executrix of the Estate of Arlene Lilly Robie 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  29th day of January, 2021 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 28th day of October, 2020.

Debra A. Nobes, Executrix
109 Laurel Hill Rd.
Brookfield CT 06804
10/28-11/18

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File No. 20 E 1284
 
The undersigned, having qualified as Executor of the Estate of Frieda J Lowell 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  29th day of January, 2021 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 28th day of October, 2020.

Edward L. Lowell aka Edward Lawrence Lowell, Executor
529 Alamanni Ct
Graham NC 27253
10/28-11/18

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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

ESTATE FILE: 2020-E-1287

IN THE MATTER OF THE ESTATE Of BERNARD L. MORGAN, DECEASED

NOTICE TO CREDITORS
 
Having qualified as Executrix of the Estate of Bernard L. Morgan, late of New Hanover County, North Carolina, the undersigned hereby notifies all persons, firms, and corporations having claims against the Estate to present them to the undersigned on or before the first day of February 2021, in care of the undersigned’s attorney at the address stated below, or this Notice will be pleaded in bar of recovery.  

All persons, firms, and corporations indebted to the decedent or the estate shall please make immediate payment to the Estate of Bernard L. Morgan, c/o of the undersigned’s attorney at the address stated below.

This the 28th day of October 2020.

KAY G. MORGAN,
EXECUTRIX OF THEESTATE OF BERNARD L. MORGAN, DECEASED
                c/o Rountree Losee LLP
P. O. Box 1409
Wilmington, NC  28402-1409
Telephone:  910-763-3404
Facsimile:   910-763-0320
By:  /s/ Melissa A. Baird
10/28-11/18

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Notice to Creditors

STATE OF NORTH
CAROLINA
COUNTY OF
NEW HANOVER

NOTICE TO CREDITORS AND DEBTORS
File No. 20 E 1270
 
The undersigned, having qualified as Executrix of the Estate ofThomas Kendall Gunter III 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  29th day of January, 2021 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 28th day of October, 2020.

Janet Conser, Executrix
409 Semmes Drive
Wilmington NC 28412
10/28-11/18

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Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
DIVISION
NEW HANOVER COUNTY
20 SP 293

NOTICE OF
FORECLOSURE SALE

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Kenneth J. Whitfield to CB Services Corp., Trustee(s), which was dated July 11, 2000 and recorded on July 21, 2000 in Book 2779 at Page 0269, 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 3, 2020 at 1:00PM, 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 82, Section 6, Brittany Woods Subdivision, as shown on Map of same recorded in Map Book 29, at Page 177 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 1200 POTOMAC CT, 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 Kenneth Joseph Whitfield.

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#19-16195-FC01 •10/21&10/28

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Notice of Foreclosure Sale

STATE OF
 NORTH CAROLINA
COUNTY OF
NEW HANOVER

NOTICE OF
COMMISSIONER’S
FORECLOSURE SALE OF REAL PROPERTY


Under and by virtue of an order of the District Court of New Hanover County, North Carolina, dated February 10, 2020, in New Hanover County File Number 18 CVD 13 captioned “THE CAPE HOMEOWNERS ASSOCIATION, Plaintiff, vs. RODNEY D. KLUTZ, Defendant” and the power and authority contained in the Declaration of Articles of Covenants, Conditions and Restrictions for Colony Green Garden Homes at The Cape recorded in Book 1313, Page 1572 of the New Hanover County Registry, as amended by an Amendment to Declaration of Articles of Covenants, Conditions and Restrictions for Colony Green Garden Homes at The Cape recorded in Book 2349, Page 210 of said Registry and any amendments thereafter (collectively the “Declarations”) and the provisions of Chapter 47F of the North Carolina General Statutes; and because of unpaid annual assessments and unpaid fines and failure to carry out or perform the stipulations and agreements contained within the Declarations as shown by that Claim of Lien for Assessments entered by the New Hanover County Clerk of Court on the 7th day of January, 2015, File No. 15 M 08; and pursuant to the demand of THE CAPE HOMEOWNERS ASSOCIATION, the undersigned, Kurt B. Fryar, Commissioner, will expose for sale at public auction to the highest bidder for cash on the  4th day of November, 2020, at 10:30 A.M. at the north door of the New Hanover County Judicial Building (also known as the New Hanover County Courthouse), which building is located at 4th and Princess Streets, in the City of Wilmington, New Hanover County, North Carolina, the Real Property of Rodney D. Klutz described as follows:

Being all of Lot 16 of Section 2 as shown on a map entitled “Colony Green Garden Homes at the Cape” by Jack G. Stocks, RLS No. L856 dated October, 1985 and recorded in Map Book 25 at Page 124 of the New Hanover County Registry, reference to which map is hereby made for a complete description.

The record owner of the real property as reflected on the records of the New Hanover County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Rodney D. Klutz.  

TERMS OF SALE:

Should the property be purchased by a third party, that purchaser must pay, in addition to the amount bid the excise tax on conveyances required by N.C. Gen. Stat. § 105-228.28 et seq. of One Dollar ($1) per Five Hundred Dollars ($500) or fractional part thereof of the bid amount.

Pursuant to N.C. Gen. Stat. § 1-339.15, and the terms of the order of the New Hanover County District Court, any successful bidder shall be required to deposit with the Commissioner immediately upon conclusion of the sale a cash deposit  equal to ten percent of the first $1,000 of such purchase price plus five percent of the balance of such purchase price, which deposit shall be held by the Commissioner for immediate disbursement upon confirmation of the sale.  Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid to the extent provided for in N.C. Gen. Stat. § 1-339.30(e).

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 Commissioner nor THE CAPE HOMEOWNERS ASSOCIATION, or both, nor the officers, attorneys, employees, agents, or authorized representatives of either the Commissioner or THE CAPE HOMEOWNERS ASSOCIATION make any 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 are expressly disclaimed.  The property is being sold subject to all prior liens, unpaid taxes, matters of survey, restrictions, encumbrances, leases and easements of record, and assessments, if any.

This sale will be held open ten (10) days for upset bids as required by law.

IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO A STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.

UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT I STATE THE FOLLOWING TO YOU: THIS COMMUNICATION IS FOR THE PURPOSE OF COLLECTING A DEBT AND ANY INFORMATION OBTAINED AS A RESULT WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.

This, the 13th day of October, 2020.

Kurt B. Fryar, NCSB #28528
Commissioner
106 N. Water St., Ste. 110
Wilmington, NC 28401
Telephone: (910) 763-8350
Facsimile: (910) 763-8351
Case#18 CVD 13  •10/21&10/28

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Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
DIVISION
NEW HANOVER COUNTY
20SP145

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ALBERT HARDISON AND ALOMA G. HARDISON DATED NOVEMBER 21, 2001 AND RECORDED IN BOOK 3117 AT PAGE 865 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 November 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 Albert Hardison and Aloma G. Hardison, dated November 21, 2001 to secure the original principal amount of $72,000.00, and recorded in Book 3117 at Page 865 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:         1471 Ness Dr, Castle Hayne,
 NC 28429
Tax Parcel ID:            R03309-001-002-000
Present Record Owners:   
The Estate of Aloma G. Bordeaux

And Being more commonly known as:  1471 Ness Dr, Castle Hayne, NC 28429

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Estate of Aloma G. Bordeaux.

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 20, 2020.

Grady I. Ingle or
Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
Case#19-105123-FC01 •10/21&10/28

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