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Back You are here: Home Classifieds Sections Legal Notices Legal Notices for December 26, 2012

Legal Notices for December 26, 2012

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK

STATE OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1225

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ANNA MICHELLE ROBERTS DATED DECEMBER 22, 2005 AND RECORDED IN BOOK 4962 AT PAGE 1078 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 11:00 AM on December 27, 2012 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 102, Section 6, Meadowbrook Subdivision, as shown on Map recorded in Map Book 34, Page 87, New Hanover County Registry, reference to which Map is hereby made for a more complete description.

Subject to Declaration of Restrictions, Meadowbrook Subdivision, recorded in Book 1767, Page 992, rerecorded in Book 1833, Page 0879, and as amended in Book 1767, Page 1051; and Book 1810, Page 0012, of the New Hanover County Registry and all easements, rights of way restrictions of record, and government regulations including zoning, subdivision, and building regulations and other encumbrances of record.

And Being more commonly known as:  2331 Sapling Cir, Wilmington, NC 28411

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

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is December 6, 2012.

Jonathan Blake Davis
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
11-012177
11-012177•12/19&12/26

 


Notice of Foreclosure Sale

12 SP 1230
AMENDED NOTICE OF
SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY

Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Kevin B. Laymon and Kathryn E. Laymon, dated October 15, 2008 and recorded on October 15, 2008 in Book No. 5352, at Page 2949, in the Office of the Register of Deeds of New Hanover County, North Carolina; and because of default in the payment of the indeb­tedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indeb­tedness secured by said Deed of Trust, the under­signed Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at New Hanover County Courthouse, Wilmington, North Carolina on January 9, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Wilmington, County of New Hanover, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 802 Calico Crossing, Wilmington, NC 28411. Tax Parcel ID: R03515-008-041-000 Present Record Owners: Kevin B. Laymon and Kathryn E. Laymon. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. 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.  In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments.  Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. 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 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 its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit.  The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: 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 upon 10 days’ written notice to the landlord.  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. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 -  Protecting Tenants at Foreclosure Act which became effective on May 20, 2009.

Rogers Townsend & Thomas, PC, Substitute Trustee Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217
(704)442-9500
113087-00879 P1010239
12 SP 1230 •12/26&01/02/13

 


Notice of Foreclosure Sale

12 SP 1287
NOTICE OF
FORECLOSURE SALE
NOTICE OF SALE
North Carolina, New Hanover County

Under and by virtue of the power of sale contained in that certain Deed of Trust executed by John, Glenn & Associates, L.L.C. dated September 14, 2007 to John Cameron Coburn,Trustee for Cape Fear Bank, recorded in Book 5231, Page 1249, New Hanover County Registry; the holder or the Note and Deed of Trust being FIRST FEDERAL BANK;  default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of  New Hanover County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of New Hanover and State of North Carolina, and more particularly described as follows: BEING all of Lot 19, Phase 3, Section 1, North Kerr Industrial Park, as the same is shown on that map of said subdivision recorded in Map Book 50, Page 305, New Hanover County Registry, and as shown on the plats and plans of JOHN, GLENN CONDOMINIUMS, recorded in the New Hanover County Registry in Condominium Plat Book 18, Pages 8-12; TOGETHER WITH AND SUBJECT TO Covenants, Restrictions, Rights-of-Way and Easements of record affecting said property, including that certain Declaration of Covenants, Conditions and Restrictions for North Kerr Industrial Park recorded in Book 2510, Page 368, New Hanover County Registry, as amended pursuant to instruments recorded in Book 2599, Page 969 and Book 5118, Page 2101 and Book 5142, Page 2788, New Hanover County Registry, TOGETHER WITH AND SUBJECT TO the rights, conditions, restrictions, easements, covenants and agreements set forth in the Declaration of Condominium of JOHN, GLENN CONDOMINIUM recorded in Book 5345 at Pages 1918-1946, New Hanover County Registry, together with the Declarant and future Development Rights stated therein. SAVE AND EXCEPT Unit 3013-A of JOHN, GLENN CONDOMINIUM as shown on the Plat and Plans thereof recorded in Condominium Plat Book 18, Pages 8-12 of the New Hanover County Registry, which unit has been conveyed out to WDC OFFICE, LLC by deed recorded in Book 5346, Page 2919, New Hanover County Registry Property Address: 2908 Orville Wright Way Wilmington NC 28405, 3013 Hall Watters Drive Wilmington, NC 28405 (save and except 3013-A)  Date of Sale:  January 4, 2013 at 10:30AM Location of Sale:  New Hanover County Courthouse  Record Owner(s): John, Glenn & Associates, L.L.C. TERMS OF THE SALE: (1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies. (2) The property is being sold “as is”. Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property.  Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4)  At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) 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 upon 10 days written notice to the landlord.  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. (6)  An order for possession of the property being sold 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.

SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P.  Adam M. Gottsegen, Attorney for Jeff D. Rogers, Substitute Trustee P. O. Box 26268  Raleigh, NC 27611-6268 (919) 250-2000
File No. JWT M6485397, 998216 12 SP 1286 •12/26&01/02/13

 


Notice of Foreclosure Sale

12 SP 1286
NOTICE OF
FORECLOSURE SALE
NOTICE OF SALE
North Carolina, New Hanover County

Under and by virtue of the power of sale contained in that certain Deed of Trust executed by John, Glenn & Associates, L.L.C. dated June 29, 2007 to John Cameron Coburn, Trustee for Cape Fear Bank, recorded in Book 5205, Page 1075, New Hanover County Registry; the holder of the Note being FIRST FEDERAL BANK; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of  New Hanover County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of New Hanover and State of North Carolina, and more particularly described as follows: TRACT #1 A certain tract or parcel of land lying and being in Cape Fear Township, New Hanover County, North Carolina and being part of that tract as described in Deed Book 1452, at Page 392, records of New Hanover County, North Carolina, and being more particularly described as follows: Beginning at an iron on the western right of way of Castle Hayne Road (100 ft. public right of way), said iron is located South 22 degrees 00 minutes 26 seconds West 235.26 feet from the intersection of the western right of way of Castle Hayne Road and the southern right of way of Chadwick Avenue (60’ public right of way); Proceed from said point of beginning and with the western right of way of Castle Hayne Road South 22 degrees 00 minutes 26 seconds West 161.28 feet to an iron, thence leaving said right of way and with the northern line of the Moore tract (Deed Book 1257, at Page 1824) North 62 degrees 55 minutes 39 seconds West 385.51 feet to a point, thence a new line North 22 degrees 00 minutes 26 seconds East 110.89 feet to a point in the northern line of said tract as described in Deed Book 1452, at Page 392, thence with said northern line South 70 degrees 25 minutes 49 seconds East 384.35 feet to the point of beginning and containing 1.20 acres according to a survey by Hanover Design Service, P.A. in March of 1998.  (All bearings are magnetic relative to Deed Book 1452, at Page 392). SAVE AND EXCEPTING that tract previously conveyed to Belinda C. Baker by deed recorded December 17, 2003 in Book 4133, at Page 661 and released by that Deed of Release recorded December 29, 2003 in Book 4143, at Page 578 of the New Hanover County Registry. TRACT #2 That certain tract of land being in the Cape Fear Township, New Hanover County, North Carolina, said tract being a portion of the tract described in Deed Book 1452, at Page 392 of the New Hanover County Register of Deeds and being more fully described as follows: Commencing from an iron stake on the western right of way of Castle Hayne Road, a 100 foot public right of way, the point of beginning as described in Deed Book 2363, at Page 382 of the New Hanover County Register of Deeds, thence North 70 degrees 25 minutes 49 seconds West, a distance of 384.35 feet to an iron stake found, the Point of Beginning; Thence from the Point of Beginning, South 22 degrees 00 minutes 26 seconds West a distance of 110.90 feet to an iron stake found; thence North 62 degrees 55 minutes 39 seconds West a distance of 146.71 feet to an iron stake found; thence North 22 degrees 00 minutes 26 seconds East, a distance of 91.72 feet to an iron stake set; thence South 70 degrees 25 minutes 49 seconds East a distance of 146.27 feet to the point of beginning, containing 0.340 acres more or less, as shown on a plat prepared by Cape Fear Engineering, Inc. entitled “Survey of a Portion of the Tract Edward B. English proposes to convey to David W. Byrd, Jr. and wife, Faye J. Byrd” and dated March 6, 2000. Tracts 1 and 2 are conveyed together with that Easement described in a Modification of Deed of Trust to Add Additional Collateral recorded in Deed Book 4966, at Page 2726 of the New Hanover County Registry reference to which is hereby made for a more particular description. SUBJECT, HOWEVER, TO THE FOLLOWING: 1. Both tracts are subject to a 30 foot private access easement in favor of the 1.0 acre tract currently owned by Faye Jane Byrd per deed to her recorded in Book 4626 at Page 255 of the New Hanover County Registry, and in favor of BB&T Collateral Services Corporation, Trustee for Branch Banking & Trust Company per deed of trust recorded in Book 3229 Page 78 of the New Hanover County Registry, as said easement is modified and relocated in a “Relocation of Easement” Agreement recorded in Book 5205 Page 1056 of the New Hanover County Registry, and as shown on a map entitled “Easement Serving 160 Chadwick Avenue” recorded in Map Book 51 Page 301 of the New Hanover County Registry; and the easement, if any, remaining in favor of the David Byrd Tract to the immediate west of Tract 2 above. 2. Tract 1 is also subject to a 30 foot easement in favor of the tract adjoining said Tract 1 on the southeast, said easement created in the deed from David Winston Byrd, Jr. and wife, Faye Jane Byrd, to Belinda C. Baker recorded in Book 4133 Page 661 of the New Hanover County Registry. Property Address: 2403 Castle Hayne Road, Wilmington, NC 28401 Date of Sale:  January 4, 2013 at 10:30AM Location of Sale:  New Hanover County Courthouse  Record Owner(s): John, Glenn & Associates, L.L.C. TERMS OF THE SALE: (1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies. (2) The property is being sold “as is”. Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property.  Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4)  At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) 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 upon 10 days written notice to the landlord.  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. (6)  An order for possession of the property being sold 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.

SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P.  Adam M. Gottsegen, Attorney for Jeff D. Rogers, Substitute Trustee P. O. Box 26268  Raleigh, NC 27611-6268 (919) 250-2000
File No. JWT M6485388, 1000578
12 SP 1286 •12/26&01/02/13

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK

STATE OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12 SP 1518

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM JAMES T. ROUPAS AND MARY M. ROUPAS, TO NEUSE, INCORPORATED, TRUSTEE, DATED APRIL 13, 2007 RECORDED IN BOOK 5171, PAGE 1964, NEW HANOVER COUNTY REGISTRY

NOTICE OF SALE

Pursuant to an order entered November 29, 2012, in the Superior Court for New Hanover County, and the power of sale contained in the captioned deed of trust (“Deed of Trust”), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash,
AT THE COURTHOUSE DOOR IN WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA
ON JANUARY 7, 2013
AT 11:00 AM
the real estate and the improvements thereon encumbered by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in New Hanover County, North Carolina, and being more particularly described as follows:
Lying in the County of New Hanover, State of North Carolina and being described as follows:  being known and designated as Unit M-1 of The Riggins Condominium as the same is shown on a map thereof recorded in Condominium Plat Book 3 at Pages 25, 26 and 27 in the Office of the Register of Deeds of New Hanover County, North Carolina, reference to which is hereby made for a more particular description.  Together with and subject to all rights and easements appurtenant to said unit, including but not limited to a 2.137 percent undivided interest and to the common areas and facilities all as specifically enumerated in the Declaration of Condominium and the By-laws and all attachments thereto dated August 16, 1982, and recorded in Book 1207 at Page 204, et seq. in the Office of the Register of Deeds of New Hanover County, North Carolina. 

Tax Map Reference:  R09320-001-002-01M.
In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.
The record owners of the real property not more than ten days prior to the date hereof are James T. Roupas and Mary M. Roupas.
A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder.  The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale.  The undersigned Substitute Trustee shall convey title to the property by non-warranty deed.
This sale will be made subject to all prior liens of record, if any, and to all unpaid (ad valorem) taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust.  This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.
The purchaser of the property described above shall pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A 308(a)(1) of the North Carolina General Statutes.  If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.
To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following:
a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and
b. 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 upon 10 days’ written notice to the landlord.  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. 
This 29th day of November, 2012.

By: POYNER SPRUILL LLP
Deborah Sperati, Esq.
Attorneys for Spruillco, Ltd.
130 S. Franklin Street
P.O. Box 353
Rocky Mount, NC 27802
Telephone:  (252) 972-7022
FCB001-00000764
FCB001-00000764 •12/26&01/02/13

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP418

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DONALD THEUSCH AKA DONALD W. THEUSCH AND VIRGINIA THEUSCH AKA VIRGINIA C. THEUSCH DATED DECEMBER 9, 2002 AND RECORDED IN BOOK 3560 AT PAGE 862 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 12:00PM on January 4, 2013 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 138 in Section D of Lincoln Forest Subdivision as the same is shown on a map of Section D of said Subdivision recorded in Map Book 8 at Page 28 in the New Hanover county Registry.

And Being more commonly known as:  3802 Gillette Dr, Wilmington, NC 28403

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

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is December 5, 2012.

Jonathan Blake Davis
Attorney for the Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
09-118368
09-118368•12/26&01/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1304

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DELORES JOHNSON KAHAM FORMERLY KNOWN AS DELORES JOHNSON BRYANT DATED SEPTEMBER 21, 2000 AND RECORDED IN BOOK 2810 AT PAGE 32 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 January 3, 2013 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 4, Brierwood Subdivision, as shown on map of same recorded in Map Book 16, at Page 21 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  4487 Gordon Rd, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Delores Johnson Kaham fka Delores Johnson Bryant.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is December 13, 2012.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
04-61955
04-61955•12/26&01/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1308

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JOHNIE N. COLLINS AND BETTY G. COLLINS AKA BETTY JANE COLLINS DATED OCTOBER 10, 2009 AND RECORDED IN BOOK 5445 AT PAGE 577 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 January 3, 2013 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:

All that certain lot, piece or parcel of land, with the improvements thereon and appurtenances thereunto belonging, situate, lying and being in the City of Wilmington Township, New Hanover County, North Carolina, designated and described:

Being all of Lot 178 Section 4 Kings Grant as shown on a map of same duly recorded in Map Book 10 at Page 24 of the New Hanover County Registry, reference to which is hereby made for a more particular reference.

And Being more commonly known as:  1009 Coleridge Dr, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Betty G. Collins aka Betty Jane Collins.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is December 13, 2012.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-029272
12-029272•12/26&01/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1305

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MICHAEL P. CHIPROWSKI AND ANGELA M. PYLAND DATED NOVEMBER 16, 2001 AND RECORDED IN BOOK 3110 AT PAGE 173 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 January 3, 2013 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 56, Foxcroft Subdivision, as shown on map of same recorded in Map Book 10 at Page 38 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  318 Covington Rd, Wilmington, NC 28409

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Michael P. Chiprowski and Angela M. Pyland.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is December 13, 2012.


Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-032500
12-032500 •12/26&01/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1291

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY GARY W. SMITH AKA GARY WAYNE SMITH DATED FEBRUARY 29, 2008 AND RECORDED IN BOOK 5287 AT PAGE 499 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 January 3, 2013 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 26, Section 1, OLD CAPE COD AT TIDEWATER PLANTATION, as shown on that map recorded in Map Book 36 at Page 6 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  6920 Southern Exposure, Wilmington, NC 28412

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Gary W. Smith aka Gary Wayne Smith.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is December 13, 2012

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-032851
12-032851 •12/26&01/02

 


Notice of Foreclosure Sale

12 SP 943
NOTICE OF
FORECLOSURE SALE
North Carolina, New Hanover County

Under and by virtue of the power of sale contained in that certain Deed of Trust executed by James A. McFarland, Jr., husband and Sonja K. McFarland, wife dated February 26, 2009 to Carolina Legal Group, Trustee for Lendmark Mortgage and Finance, Inc., recorded in Book 5383, Page 1313, New Hanover County Registry; the holder of the Note and Deed of Trust being Lendmark Financial Services, Inc.; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of  New Hanover County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of New Hanover and State of North Carolina, and more particularly described as follows: All that certain property situated in the County of New Hanover, and State of North Carolina, being described as follows: Being all of Lot 8 in Section E, of Porter’s Neck Subdivision, according to the survey prepared by Howard M. Loughlin, C.D., in April 1955, and recorded in the Office of the Register of Deeds of New Hanover County, in Map Book 6, Page 1.  Also, a right of ingress and egress over and through Lot 11A in Section B, according to survey by J.A. Loughlin, C. E. said right of ingress and egress extends to the water of Topsail Sound, said right of ingress and egress subject to the right of others to use said lot and such extensions as may have heretofore been granted and as may hereafter be granted by the owners Lot 11A in Section B of Porter’s Neck Plantation Subdivision. Being the property conveyed in General Warranty Deed from Harue N. Murphy to James A. McFarland, Jr. and Sonja K. McFarland, dated 03/01/2007, recorded in 03/01/2007, in Deed Book 5149, Page 272, in the Register of Deeds for New Hanover County, North Carolina. Property Address: 8329 Bald Eagle Lane, Wilmington, NC 28411 Date of Sale:  January 4, 2013 at 10:30AM Location of Sale:  New Hanover County Courthouse  Record Owner(s): James A. McFarland, Jr. and Sonja K. McFarland TERMS OF THE SALE: (1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies. (2) The property is being sold “as is”. Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property.  Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4)  At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) 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 upon 10 days written notice to the landlord.  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. (6)  An order for possession of the property being sold 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.

SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P.  Adam M. Gottsegen, Attorney for Jeff D. Rogers, Substitute Trustee P. O. Box 26268  Raleigh, NC 27611-6268 (919) 250-2000
File No. JWT M2227127, 1007830
12 SP 943 •12/26&01/02/13

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1320

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MARK R. WATSON DATED JUNE 12, 2008 AND RECORDED IN BOOK 5322 AT PAGE 1583 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 January 9, 2013 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 11, as shown upon a map entitled “SUBDIVISION OF LOT 213, WINTER PARK for Dr. E.F. Keever Estate” recorded in Map Book 5, Page 43, New Hanover County Registry, reference to said map being hereby made for a more particular description.

And Being more commonly known as:  229 Dixie Ave, Wilmington, NC 28403

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

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is December 19, 2012.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-030196
12-030196 •12/26&01/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1333

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DAVID ANTHONY HENSON AND PATRICIA BLEVINS HENSON DATED MARCH 31, 2006 AND RECORDED IN BOOK 5000 AT PAGE 2963 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 January 9, 2013 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 316, Section 6, Pine Valley Estates, according to a map thereof recorded in Map Book 7 at Page 35 in the Office of the Register of Deeds of New Hanover County, North Carolina, reference to which is hereby made for a more particular description.

And Being more commonly known as:  1523 Robert E Lee Dr, Wilmington, NC 28412

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are David Anthony Henson and Patricia Blevins Henson.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is December 19, 2012.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-032890
12-032890 •12/26&01/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
11 SP 244

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY STANLEY A. MACE AND SHEILA MACE DATED DECEMBER 3, 2007 AND RECORDED IN BOOK 5256 AT PAGE 2766 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 January 9, 2013 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 5B, Phase 2, Wilshire Townhomes, as shown upon that map thereof recorded in Map Book 49, Page 300, New Hanover County Registry, reference to said map being hereby made for a more particular description.

And Being more commonly known as:  947 Downey Branch Ln, Wilmington, NC 28403

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

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is December 19, 2012.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
11-013311
11-013311 •12/26&01/02

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP866

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MATTHEW D. CADLE AND CASSANDRA CADLE DATED JUNE 18, 2010 AND RECORDED IN BOOK 5492 AT PAGE 1963 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 2:30PM on January 8, 2013 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:

In New Hanover County: Being all of Lot 67 Section 3 of Meadowbrook as shown on a map recorded in Map Book 33 at Page 22 in the New Hanover County Registry. Reference to which map is hereby made for a more complete description.

And Being more commonly known as:  2104 White Rd, Wilmington, NC 28411

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Matthew Defforest Cadle and Cassandra Cadle aka Cassandra Rae Baryk.

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.
 
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 10 days written notice to the landlord.  You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is December 18, 2012.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
11-022374
11-022374 •12/26&01/02

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS – File 12 E 1169

The undersigned, having been duly qualified as Collector of the Estate of Michael Quintin McGowan, II, Deceased, 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 5th day of March, 2013, 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 28th day of November, 2012.

Rachelle Robyn McGowan,
Collector
NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
12/05,12/12,12/19&12/26/12

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS – File 12 E 1177

The undersigned, having been duly qualified as Executrix of the Estate of John J. Szuchan Deceased, 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 5th day of March, 2013, 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 27th day of November, 2012.

Kristin Alpers, Executrix

NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
12/05,12/12,12/19&12/26/12

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E001241

The undersigned, having qualified as Executor of the Estate of Alice D. Milliken, 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 12th day of March, 2013, 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 12st day of December, 2012.

John A. Milliken, Executor
308 Antoinette Dr.
Wilmington NC 28412
12/12-01/02/13 PD

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 87E746

The undersigned, having qualified as Executor of the Estate of Ethel Ward Smith, 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 19th day of March, 2013, 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 19th day of December, 2012.

Diana Smith Lane, Executor
4605 Joseph Hoskins Td.
Summerfield NC 27358
12/19-01/09

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 12E001231

The undersigned, having qualified as Executor of the Estate of Jewel A. Gourley 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 12th day of March, 2013, 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 12st day of December, 2012.

George E. Parrish Sr, Executor
1302 Canal Drive
P.O. Box 1286
Carolina Beach NC 28428
12/12-01/02/13 PD