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Back You are here: Home Classifieds Sections Legal Notices Legal Notices for June 26, 2013

Legal Notices for June 26, 2013

Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1526

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY LORI VANVALKENBURG DATED MARCH 2, 2007 AND RECORDED IN BOOK 5151 AT PAGE 2028 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 2:00PM on July 1, 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 of Lot 51, of Brewster Place, Section Three, according to map thereof recorded in Map Book 38, Page 312, New Hanover County Registry, reference to which is hereby made for a more complete description.

And Being more commonly known as:  719 Brewster Ln, Wilmington, NC 28412

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

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 May 31, 2013.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
09-116117
09-116117 •06/19&06/26

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
11sp1155

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BEVERLY G. VANHOOK DATED JANUARY 11, 2007 AND RECORDED IN BOOK 5130 AT PAGE 1952 IN THE NEW HANOVER COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:30AM on July 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 10R, Phase 1, Ocean Dunes Forest, as shown on that certain plat recorded in Plat Book 32 at Page 388 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

And Being more commonly known as:  105 Camp Wyatt Ct, Kure Beach, NC 28449

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Beverly G. Vanhook, Trustee of the Beverly G. Vanhook Revocable Living Trust Dated April 22, 2005.

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 June 3, 2013

The Ford Firm, PLLC
Substitute Trustee
David R. Ford, Member-Manager
P.O. Box 701
Clayton, NC 27528
(919) 550-2100
08-100465
08-100465 •06/19&06/26

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1757

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY SHIREEN T. FLORES-LOWERY AND NORMAN O. LOWERY DATED JULY 6, 2007 AND RECORDED IN BOOK 5207 AT PAGE 1058 IN THE NEW HANOVER COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:30AM on July 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 29, Section 2, Harnett Pointe, as the same is shown on a map of Harnett Pointe Recorded in Map Book 31 at Page 273 in the New Hanover County Registry.

Together with all right, title and interest in that certain Declaration of Covenants, Conditions and Restrictions for North Chase recorded on January 17, 1985 in Book 1315 at Page 1130 in the New Hanover County Registry, made a part hereof by reference and further containing membership provisions to the North Chase Homeowners Association.

This conveyance is subject to those Protective Covenants for Harnett Pointe recorded on January 23, 1989 in Book 1443 at Page 1634 in the New Hanover County Registry as amended of record, and subject to those Covenants, Conditions, and Restrictions and Option listed in Exhibit A recorded in Book 1567 at Page 0612.

Subject to drainage easement forty-five feet (45’) in width, running along and with the rear (easternmost) boundary, adjacent to North Chase Parkway West.

And Being more commonly known as:  3032 Russelborough Dr, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Shireen T. Flores-Lowery.

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 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 June 12, 2013.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-031765
12-031765 •06/19&06/26

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1751

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY SCOTT LANDER AND LAURA LANDER DATED AUGUST 17, 2006 AND RECORDED IN BOOK 5067 AT PAGE 605 AND MODIFIED BY AGREEMENT RECORDED 07/09/2010 IN BOOK 5496, PAGE 2308 IN THE NEW HANOVER COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:30AM on July 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:

A UNIT OWNERSHIP IN REAL PROPERTY PURSUANT TO CHAPTER 47-C OF THE GENERAL STATUTES OF NORTH CAROLINA AND BEING KNOWN AND DESIGNATED AS UNIT A IN THE 11 EAST COLUMBIA CONDOMINIUMS, A CONDOMINIUM DEVELOPMENT AS THE SAME IS SHOWN AND DESCRIBED ON MAP THEREOF RECORDED IN CONDOMINIUM PLAT BOOK 16, PAGE 143 IN THE OFFICE OF THE REGISTER OF DEEDS OF NEW HANOVER COUNTY, NORTH CAROLINA, AND SUBJECT TO THE DECLARATION OF CONDOMINIUM RECORDED IN BOOK 5066 AT PAGE 353 AND THE FOLLOWING PAGES IN SAID REGISTRY, AND ALL AMENDMENTS AND SUPPLEMENTS THERETO, AND SAID UNIT IS ALSO CONVEYED SUBJECT TO AND TOGETHER WITH ALL THE RIGHTS, EASEMENTS, COVENANTS, TERMS AND CONDITIONS OF SAID DECLARATION AND ALL AMENDMENTS AND SUPPLEMENTS THERETO.

And Being more commonly known as:  11 East Columbia St Unit A, Wrightsville Beach, NC 28480

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Scott Lander and Laura Lander.

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 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 June 12, 2013.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-036777
12-036777 •06/19&06/26

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
12SP1691

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY VISHAK DAS AND TRACY B. DAS DATED APRIL 26, 2007 AND RECORDED IN BOOK 5213 AT PAGE 2561 IN THE NEW HANOVER COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:30AM on July 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 of Lot 3 in Summer Haven Point Subdivision as the same is shown on map recorded in Map Book 34 at Page 170 in the New Hanover County Registry, Together with and subject to all of the rights, covenants, easements, conditions and restrictions contained in the Declaration recorded in Book 1826 at Page 764 and following pages in said Registry, and all amendments and supplements thereto, and being the same lands described in the deed recorded in Book 3510 at Page 582 in said Registry.

And Being more commonly known as:  2001 Ivydale Ln, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Vishak Das and Tracy B. Das.

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 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 June 12, 2013.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
12-034553
12-034553 •06/19&06/26

 


Notice of Foreclosure Sale

NORTH CAROLINA
NEW HANOVER COUNTY
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
13 SP 414

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM AZTEC MASONRY OF WILMINGTON INC., DATED JULY 18, 2007, RECORDED IN BOOK 5209, PAGE 1020, NEW HANOVER COUNTY REGISTRY

NOTICE OF FORECLOSURE SALE

Pursuant to an order entered May 28, 2013, 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 JUNE 27, 2013,
AT 10:00 A.M.
the real estate and the improvements thereon secured 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:
All that portion of Lots 1 and 2, Block 547 according to the official plan of the city of Wilmington, North Carolina, lying northwest of a line parallel with and 24 feet northwestwardly measured at right angles from the center of the Atlantic Coast Line Railroad Company’s Belt Line Main Tract; containing 0.4 of an acre, more or less, and being more particularly described as:
BEGINNING at the intersection of the eastern line of South 12th Street (66 foot right of way) with the southern right of way of Marstellar Street (66 foot right of way), running thence from said beginning point along said southern right of way line of Marstellar Street North 84 degrees 33 minutes East 331.4 feet to the intersection of said southern line to the western line of South 13th Street (66 foot right of way), thence along said western line South 05 degrees 27 minutes East 12.03 feet to a point in the northern line of the Atlantic Coast line Railroad Company’s Beltline main track right of way located 24 feet northwestwardly as measured at right angles from the centerline of said main tract. Thence along said northern line and 24 feet west of main tract South 66 degrees 14 minutes 10 seconds West 349.08 feet to a point in the eastern line of South 12th Street. Thence along said Eastern line North 05 degrees 27 minutes West 121.72 feet to the point of beginning. Containing 0.51 acres more or less and being part of Lots 1 and 2, Block 547, Wilmington, and being all of that tract recorded in Deed Book 645 at Page 82 of the New Hanover County Registry.
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 owner of the real property not more than ten days prior to the date hereof is Aztec Masonry of Wilmington Inc.
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 28th day of May, 2013.

Nicole Molin Ray, Esq.
Substitute Trustee
2808 Wind Bluff Circle
Wilmington, NC 28409
Telephone: (910) 470-4120
13 SP 414
13 SP 414  •06/19&06/26

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
10 SP 1714

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CONSTANCE COVINGTON SMITH AND CHARLES W. SMITH, III DATED MAY 18, 2005 AND RECORDED IN BOOK 4817 AT PAGE 314 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 10:00AM on July 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:

BEGINNING at a point at the southernmost corner of the 60 foot road right-of-way as shown by map in “Access Right-of-Way off Greenville Sound Road” as recorded in Map Book 8 at Page 29 in the New Hanover County Registry; running thence from said beginning with the southwestern line of said 60 foot right-of-way North 42 degrees 32 minutes West 30.09 feet to the centerline of a 60 foot private road easement; thence with said centerline South 41 degrees 45 minutes West 51.41 feet; thence South 30 degrees 42 minutes West 163.17 feet to an iron pipe; then South 27 degrees 04 minutes West 28.42 feet to an iron pipe; thence South 42 degrees 32 minutes East 1,152.36 feet to a point in the high water mark of a 30 foot canal; running thence with and along said highwater mark North 37 degrees 03 minutes 01 second East 132.86 feet to the southernmost corner of that tract or parcel of land described in a deed recorded in Book 1186 at Page 2001 of the New Hanover County Registry; running thence with and along the line of that tract described above North 42 degrees 32 minutes West 200 feet to an iron pipe; running thence with and along the northwestern line of the aforementioned tract North 37 degrees 03 minutes 01 second East 100 feet to an iron pipe in the southwestern line of a 35 foot private road easement; running thence with the southwestern line of said easement North 42 degrees 32 minutes West 942.23 feet to an iron pipe; running thence North 41 degrees 52 minutes East 5.02 feet to the point of beginning and being the same property described in a deed from Franklin B. Mayer and Agnes M. Mayer to Norman I. Robinson and wife Sonja D. Robinson dated November 1, 1972 and recorded in Book 955 at Page 623 of the New Hanover County Registry, saving and excepting that tract or parcel of land conveyed to Quail Woods Access Corporation by deed recorded in Book 1186 at Page 2001 of the New Hanover County Registry.

SUBJECT to an easement over the southeastern one-half of a 60 footprivate roadway over the western line of the tract described above, the centerline of said roadway being the northwestern line of said tract and together with a private easement and right of way for ingress and egress over said 60 foot private roadway. And also together with the right of unrestricted use to the 30 foot canal referred to above for the purpose of providing ingress and egress between the navigable waters of Hewlett’s Creek and the Intracoastal Waterway.

TOGETHER WITH AND SUBJECT TO that Agreement between Carl B. Carey and wife Martha L. Carey, as grantors, and Quail Woods Boating Facility, Inc., as grantee, recorded in Book 2076 at Page 0038 of the New Hanover County Registry.

And Being more commonly known as:  6452 Quail Run Rd, Wilmington, NC 28409

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Constance Covington Smith and Charles W. Smith, III.

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 June 4, 2013.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
10-008190
10-008190 •06/26 & 07/03

 


Notice of Foreclosure Sale

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NEW HANOVER COUNTY
13SP329

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WANDA F. CARMICHAEL DATED DECEMBER 9, 2008 AND RECORDED IN BOOK 5363 AT PAGE 1502 IN THE NEW HANOVER COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:30AM on July 5, 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 property situated in the city of Wilmington in the county of New Hanover and state of North Carolina, being more fully described in a deed dated 12/08/2000 and recorded 12/29/2000, among the land records of the county and state set forth above, in Deed Volume 2859 and Page 279.

And Being more commonly known as:  1403 Kornegay Ave, Wilmington, NC 28405

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Estate of Wanda F. Carmichael.

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 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 June 13, 2013.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
13-040137
13-040137 •06/26 & 07/03

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000624

The undersigned, having qualified as Administratrix of the Estate of Mildred Lewis Curley 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 5th day of September, 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 5th day of June, 2013.

Lynda Curley Gainey,
 Administratrix
104 Lambs Court
Wilmington NC 28412
PD 06/05-06/26/13

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000656

The undersigned, having qualified as Executor of the Estate of Peter D. Levett AKA Peter Dennis Levett 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 5th day of September, 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 5th day of June, 2013.

David Levett, Executor
915 Shoreline Dr. W
Sunset Beach NC 28468
 06/05-06/26/13

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000731

The undersigned, having qualified as Co-Executor(s) of the Estate of Doris Leonard Hill 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 September, 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 June, 2013.

Robin Hill Lamb, Co-Executor
201 Royal Oak Drive
Wilmington NC 28409

Penny Hill Cribb, Co-Executor
1119 Snapper Lane
Carolina Beach NC 28428
PD 06/19-07/10/13

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000722

The undersigned, having qualified as Executor of the Estate of Margaret Loughlin Stomp 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 September, 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 June, 2013.

Kenneth Dale Loughlin, Executor
507 John D. Barry Dr.
Wilmington NC 28412
PD 06/19-07/10/13

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
File 13E753

The undersigned, having been duly qualified as Co-Administrators of the Estate of Edmund Frederick Anderson, Jr., 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 24th day of September, 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 24th day of June, 2013.

Kimberly Leigh Anderson,
Co-Administrator
            Edmund Frederick Anderson, III Co-Administrator

Penny Hill Cribb, Co-Executor

NED M. BARNES
ATTORNEY AT LAW
A-3 PLEASURE ISLAND PLAZA
CAROLINA BEACH, N. C. 28428
(910) 458-4466
06/26-07/17

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000731

The undersigned, having qualified as Executrix of the Estate of Edna Ruth Erbe 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 26th day of September, 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 26th day of June, 2013.

Pamela J. Britt, Executrix
1753 Canady Rd.
Wilmington NC 28411
PD 06/26-07/17

 


Notice to Creditors

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE TO CREDITORS AND DEBTORS
FILE NO. 13E000681

The undersigned, having qualified as Executor of the Estate of Anastasia Jones 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 26th day of September, 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 26th day of June, 2013.

Alton Moore, Executor
538 Hidden Valley Rd
Wilmington NC 28409
PD 06/26-07/17