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Public Notice advertising plays a unique role both in American history and in the process by which this country’s democracy is preserved. Its one premise is that people must be informed if they are to govern themselves competently. Public Notice advertising first came into being with the congress of 1792. That body, recognizing its responsibility to the people, required the Postmaster General to advertise for bids for the construction of new post offices. From that inauspicious beginning to the complex publication requirements in federal, state and local laws today, government officials have come more and more to understand their obligations to inform the public through Public Notice advertising. Newspapers over the years have been the vehicle by which these obligations have been fulfilled. They will continue to be as long as the public demands that it be informed frequently and by the best means possible.
NOTICE OF PUBLIC HEARING BY THE TOWN OF ROLESVILLE BOARD OF COMMISSIONERS
The public will take notice that the Board of Commissioners of the Town of Rolesville will hold a public hearing starting at 7 p.m. on May 6, 2013 at the Meeting Hall at 502 Southtown Circle. The public is encouraged to attend. The Town Board will hear public comments involving case MA 13-01 to amend the zoning from residentialplanned unit development (R-PUD) to commercial outlying-special use district (CO-SUD) for a parcel of land at the corner of Rogers Road and Grand Rock Way.
Leslie Rudd
Town Clerk
The Wake Forest Weekly April 25, 2013
May 2, 2013
NOTICE OF PUBLIC HEARING BY THE TOWN OF ROLESVILLE BOARD OF COMMISSIONERS
The public will take notice that the Board of Commissioners of the Town of Rolesville will hold a public hearing starting at 7 p.m. on May 6, 2013 at the Meeting Hall at 502 Southtown Circle. The public is encouraged to attend. The Town Board will hear public comments involving case SUP 13-01, a proposal to construct an 11,855 square-foot Wal-Mart Express at the corner of Rogers Road and Grand Rock Way.
Leslie Rudd
Town Clerk
The Wake Forest Weekly April 25, 2013
May 2, 2013
NOTICE OF PUBLIC HEARING BY THE TOWN OF ROLESVILLE BOARD OF COMMISSIONERS
The public will take notice that the Board of Commissioners of the Town of Rolesville will hold a public hearing starting at 7 p.m. on May 6, 2013 at the Meeting Hall at 502 Southtown Circle. The public is encouraged to attend. The Town Board will hear public comments involving case TA13-01, a text amendment to the unified development ordinance (UDO) to require that all parking lot spaces be lined with thermoplastic materials.
Leslie Rudd
Town Clerk
The Wake Forest Weekly April 25, 2013
May 2, 2013
The public will take notice that the Board of Commissioners of the Town of Rolesville will hold a public hearing starting at 7 p.m. on May 6, 2013 at the Meeting Hall at 502 Southtown Circle. The public is encouraged to attend. The Town Board will hear public comments involving case MA 13-01 to amend the zoning from residentialplanned unit development (R-PUD) to commercial outlying-special use district (CO-SUD) for a parcel of land at the corner of Rogers Road and Grand Rock Way.
Leslie Rudd
Town Clerk
The Wake Forest Weekly April 25, 2013
May 2, 2013
NOTICE OF PUBLIC HEARING BY THE TOWN OF ROLESVILLE BOARD OF COMMISSIONERS
The public will take notice that the Board of Commissioners of the Town of Rolesville will hold a public hearing starting at 7 p.m. on May 6, 2013 at the Meeting Hall at 502 Southtown Circle. The public is encouraged to attend. The Town Board will hear public comments involving case SUP 13-01, a proposal to construct an 11,855 square-foot Wal-Mart Express at the corner of Rogers Road and Grand Rock Way.
Leslie Rudd
Town Clerk
The Wake Forest Weekly April 25, 2013
May 2, 2013
NOTICE OF PUBLIC HEARING BY THE TOWN OF ROLESVILLE BOARD OF COMMISSIONERS
The public will take notice that the Board of Commissioners of the Town of Rolesville will hold a public hearing starting at 7 p.m. on May 6, 2013 at the Meeting Hall at 502 Southtown Circle. The public is encouraged to attend. The Town Board will hear public comments involving case TA13-01, a text amendment to the unified development ordinance (UDO) to require that all parking lot spaces be lined with thermoplastic materials.
Leslie Rudd
Town Clerk
The Wake Forest Weekly April 25, 2013
May 2, 2013
NOTICE OF PUBLIC HEARING ON ORDINANCE CHANGE The public will take notice that the Board of Commissioners of the Town of Youngsville has called a Public Hearing at 7:00 pm on May 9, 2013 at the Youngsville Community House, 115 E. Main Street, on changes made to the Town of Youngsville Code of Ordinances. Changes will be made to Chapter 2 “Fire Protection, Prevention, Hazards and Fire Limits”, Section 1 “Protection and Prevention.”
The Wake Forest Weekly April 25, 2013
May 2, 2013
NOTICE TO CREDITORS
All persons, firms and corporations having claims against Frederick G. Dietsch, deceased of Wake County, N.C., are notified to exhibit the same to the undersigned on or before July 26, 2013 or this notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This 25th day of April, 2013. PERSONAL REPRESENTATIVE: Glenda D. Jenkins,
8116 Windsor Ridge Drive, Raleigh, NC 27615.
The Wake Forest Weekly April 25, 2013
May 2, 9, 16, 2013
NOTICE TO CREDITORS
The undersigned, Brenda L. Blackwood, having duly qualified as Executrix of the Estate of Billie O. Leathers, deceased, late of Wake County, North Carolina, notifies all persons, firms or corporations having claims against the estate of said deceased to exhibit them to the undersigned on or before the 26th day of July, 2013, or this notice will be pleaded in bar of recovery.
All persons, firms and corporations indebted to said Estate will please make immediate payment.
This the 25th day of April, 2013. Brenda L. Blackwood
121 Braelands Drive
Cary, NC 27511
Thomas J. Stevens P.A.
Attorney at Law
Croasdaile Office Park, Suite 1120 1911 Hillandale Road
Durham, NC 27705
The Wake Forest Weekly April 25, 2013
May 2, 9, 16, 2013
NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of Evelyn J. Levin, late of Wake County, North Carolina, this is to notify all persons, firms, and corporations having claims against Evelyn J. Levin to present such claims to the undersigned on or before the 26th day of July, 2013, or this notice will pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.
This 25th day of April, 2013. Mina L. Levin aka
Mina L. Schwarz,
Executrix of The Estate of Evelyn J. Levin, Deceased c/o William P. Pinna
Pinna, Johnston & Burwell, PA PO Box 31788
Raleigh, NC 27622
The Wake Forest Weekly
April 25, 2013 May 2, 9, 16, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Dorothy Weaver Mustard A/K/A Dorothy Hoke Weaver Mustard, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 26, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 25th day of April, 2013. Margaret M. Dockery, Executor 2713 Webb Street
Raleigh, NC 27609
The Wake Forest Weekly April 25, 2013
May 2, 9, 16, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Dorothy P. Ray, deceased, of Wake County, North Car-
olina, are notified to exhibit the same to the undersigned on or before July 26, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 25th day of April, 2013. Phillip Wayne Pleasants, Executor 2845 Purnell Road
Wake Forest, NC 27587
The Wake Forest Weekly April 25, 2013
May 2, 9, 16, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Jane V. Van Syoc, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 26, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 25th of April, 2013. Pamela V. Schrader Executrix
2001 Aurora Drive
Raleigh, NC 27615
The Wake Forest Weekly April 25, 2013
May 2, 9, 16, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Lewis M. Allen, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 19, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 18th day of April, 2013. David Bradford Allen, Executor 16 Wythebrook Lane
Durham, NC 27713
The Wake Forest Weekly April 18, 25, 2013
May 2, 9, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Yolande M. DeVivo, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 19, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 18th day of April, 2013. Annette Finch, Executor
1021 Walkertown Drive
Raleigh 27614
The Wake Forest Weekly April 18, 25, 2013
May 2, 9, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Dorothy P. Goodson, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 19, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 18th day of April, 2013. Augustus Ivan Goodson III and Michael P. Goodson Co-Executors
9821 Poole Road Wendell, NC 27591 The Wake Forest Weekly April 18, 25, 2013
May 2, 9, 2013
NOTICE
All persons, firms or corporations having claims against Curtis Leigh Underwood, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 19, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 18th day of April, 2013.
Clora Jean B. Underwood, Executrix
c/o The Law Offices of John K. Cook, P.A. Post Office Box 226 Wake Forest, NC 27588 (919) 556-4899
The Wake Forest Weekly April 18, 25, 2013
May 2, 9, 2013
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of James Robert Burns, deceased, late of Wake County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 12th day of July, 2013, or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 11th day of April, 2013. c/o David A. Burns, Attorney
Jo Dee Strange, Executor of the Estate of James Robert Burns 4101 Lake Boone Trail, Suite 300 Raleigh, North Carolina 27607 The Wake Forest Weekly
April 11, 18, 25, 2013 May 2, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Richard Augustine Lopez, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 12, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 11th day of April, 2013. Nora Adrianza Lopez, Executor 12800 Spruce Tree Way, Apt. 220 Raleigh, NC 27614
The Wake Forest Weekly April 11, 18, 25, 2013 May 2, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against John Orion Perkins, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 12, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 11th day of April, 2013. Alton Howard, Executor
c/o Shanahan Law Group, PLLC 128 E. Hargett Street, Third Floor Raleigh, NC 27601
The Wake Forest Weekly April 11, 18, 25, 2013 May 2, 2013
NOTICE TO CREDITORS NORTH CAROLINA WAKE COUNTY
The undersigned having qualified
as Executrix of the Estate of James W. Root, Jr., deceased, late of Wake County, North Carolina, notifies all persons, firms and corporations having claims against the estate of said deceased to present them to the undersigned on or before the 11th day of July, 2013, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.
This the 11th day of April, 2013 Ann L. Root
Executrix of the Estate of James W. Root, Jr.
MOORE & VAN ALLEN PLLC (JDJ) PO Box 13706
RTP, NC 27709
The Wake Forest Weekly
April 11, 18, 25, 2013 May 2, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Minnie Ruth Wilson, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 12, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 11th day of April, 2013. Albert Leo Wilson, Jr.
Executor
6109 Hope Farm Lane
Wake Forest, NC 27587
The Wake Forest Weekly April 11, 18, 25, 2013 May 2, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Moses Washington Woodard III, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 12, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 11th day of April, 2013. Moses Washington Woodard IV Executor
7236 Rabbit Run
Wake Forest, NC 27587
The Wake Forest Weekly April 11, 18, 25, 2013 May 2, 2013
NOTICE
In the Matter of the Estate of Rosemary Shafer Bowman
The undersigned, having qualified as Executor of the Estate of Rosemary Shafer Bowman, late of Wake County, N.C., notifies all persons having claims against said estate to present them to the undersigned on or before the 5th day of July, 2013, (which date is three months after the day of the first publication of this notice, or this Notice will be pleaded in bar of recovery. All persons indebted to the said decedent or estate shall please make immediate payment.
This the 4th day of April, 2013 Michael Higgins Bowman Executor of the Estate of Rosemary Shafer Bowman, Deceased
8721 Ft. Macon Court, Raleigh, NC 27615
The Wake Forest Weekly April 4, 11, 18, 25, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Darlene E. Powell, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 5, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 4th day of April, 2013. Sharon Collins, Executor
614 Kingsbury Drive
Durham, NC 27712
The Wake Forest Weekly April 4, 11, 18, 25, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Ivan Cameron Sealey, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 5, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 4th day of April, 2013. Robert Sealey, Co-Administrator 1204 Granada Drive
Raleigh, NC 27612
Ann Sealey, Co-Administrator 1204 Granada Drive
Raleigh, NC 27612
The Wake Forest Weekly
Apr. 4, 11, 18, 25, 2013
NOTICE OF PUBLIC SALE
At the following locations:
2845 U.S. Highway One, Franklinton, NC 27525, 10:00 a.m.
Unit D100 Candice Morgan
Unit E132 Jodie Pearce
Unit E133 Kim Johnson
In accordance with the provisions
of N.C.G.S. (C) and (D) and pursuant to the assertion of a lien for rental, the personal property of those listed above will be sold on Saturday, April 27, 2013 at the Gatekeeper locations listed above.
The Wake Forest Weekly April 18, 25, 2013
NOTICE OF PROCEEDING AND SERVICE OF PROCESS BY PUBLICATION STATE OF NORTH CAROLINA COUNTY OF WAKE
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. 11 JT 238, 239
In Re: M.J.-C.T., d.o.b. 5/21/2007;
M.J.C.T., d.o.b. 7/28/2010
To: Maurice Williams, father of a
male child born to Daniellie Marie Taylor on 5/21/2007
D’Armon Burgin, aka Darmen Burgin, father of a male child born to Daniellie Marie Taylor on 7/28/2010
TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: termination of your parental rights in the above-named child.
You are required to make defense to such pleading not later than May 28, 2013, and upon your failure to do so the party seeking relief against you will apply to the Court for the relief herein sought.
You are entitled to attend any hearing affecting your rights. You are entitled to have counsel appointed by the Court if you are indigent. If you desire counsel, you should contact the following attorney: Maurice Williams contact James Hunt, PO Box 808, Raleigh, NC 27602; telephone (919) 7526911. Darmen Burgin contact James Bell, 5640 Six Forks Rd., Raleigh, NC 27609; telephone (919) 549-4999.
This the 18th day of April, 2013. Julia B. Southwick
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602 (919) 856-5500
The Wake Forest Weekly April 18, 25, 2013
May 2, 2013
NOTICE OF SERVICE OF PROCESS BY PUBLICATION. North Carolina, Wake County.
In the General
Court of Justice,
Civil District Court,
13 CVD 4395
Esther Laing, Plaintiff, vs. Pedro
Bencosme, Defendant.
To: Pedro Bencosme.
Take Note: That a pleading seeking relief against you has been filed in the General Court of Justice, District Court Division, by Plaintiff herein, the nature of which is as follows: Absolute Divorce based upon one year’s separation. You are required by law to make defense to such pleadings within forty (40) days from the date of the first publication of this Notice. If you fail to do so, the plaintiff will seek the relief sought herein. Holly M. King,
127 W. Hargett St., Suite 700, Raleigh, NC 27601.
The Wake Forest Weekly
April 18, 25, 2013
May 2, 2013
12-SP-3348 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 Carlos F. Laufters, Reinieri Hernandez and Fanny D. Flores aka Fanny Delores Flores, dated May 16, 2003 and recorded on May 19, 2003 in Book No. 010131 at Page 00666 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 9, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 4229 Knightsbridge Way, Raleigh, NC 27604. Tax Parcel ID: 0202017 Present Record Owners: Carlos F. Laufters, Reinieri Hernandez and Fanny D. Flores aka Fanny Delores Flores. 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. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, 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. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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 (803)744-4444, 11243300445 P1033700 4/25, 05/02/2013
The Wake Forest Weekly April 25, 2013
May 2, 2013
12-SP-4882 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 Bobby L. May aka Bobby Lewis May and Elizabeth S. May, dated July 25, 2003 and recorded on July 30, 2003 in Book No. 010323 at Page 00410 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 9, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1621 Brook Run Drive, Raleigh, NC 27614. Tax Parcel ID: 0093625 Present Record Owners: Bobby L. May aka Bobby Lewis May and Elizabeth S. May. 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. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, 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. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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 (803)744-4444, 11321704482 P1034780 4/25, 05/02/2013
The Wake Forest Weekly April 25, 2013
May 2, 2013
12-SP-5315 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 L. Juda, dated April 21, 2006 and recorded on April 21, 2006 in Book No. 011918 at Page 02020 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 9, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Wake Forest, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 709 Rockville Road, Wake Forest, NC 27587. Tax Parcel ID: 0239636 Present Record Owners: Kevin L. Juda. 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. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, 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. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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 (803)744-4444, 11347306394 P1033702 4/25, 05/02/2013
The Wake Forest Weekly April 25, 2013
May 2, 2013
NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY STATE OF NORTH CAROLINA COUNTY OF WAKE
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 13-SP-673
In the Matter of the Foreclosure of
the Deed of Trust executed by 4246-B,
Inc.,
Grantor,
to Southland Associates, Inc., Original Trustee,
As recorded in Book 12520, Page 451 of the Wake County Public Registry.
See Substitution of Trustee which Substitutes Louis E. Wooten, III as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 15122, Page 184 of the Wake County Public Registry.Pursuant to the power and authority contained in the Deed of Trust from 4246-B, Inc. to Southland Associates, Inc. (the “Original Trustee”) for the benefit of SunTrust Bank recorded in Book 12520, Page 451 of the Wake County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described in Exhibit A attached hereto, together with all rights, privileges and appurtenances thereto (the “Property”).
The record owner of the Property as reflected by the records of the Register of Deeds of Wake County not more than ten (10) days prior to the posting of this Notice was 4246-B, Inc.
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: May 7, 2013 HOUR OF SALE: 10:00 a.m. PLACE OF SALE: Wake County
Courthouse
This the 8th day of April, 2013. Louis E. Wooten, III,
Substitute Trustee
The Wooten Law Firm
3737 Glenwood Avenue, Suite 100 Raleigh, North Carolina 27612 Telephone: (919)-573-6118
EXHIBIT A
Lying and being in the Town of Cary, Wake County, North Carolina, and being more particularly described as follows:
Tract One:
All of that Condominium Unit designated as Unit 1 in the Peterson Center Condominiums as identified in the Declaration of the Peterson Center Condominiums, which declaration is recorded in Book 8440, Page 1024, in the office of the Register of Deeds of Wake County, North Carolina (the
“Declaration”), and more particularly described in the plat and plans of the Condominium filed in Condominium File No. 228 (se CM 1999, Pages 228A1 through 228A8), Wake County Registry, which Declaration, plat and plans are incorporated herein by reference, TOGETHER WITH the undivided interest in the Common Elements as set forth for said Unit in Article 2.6 and Exhibit B of the Declaration.
Tract Two:
All of that Condominium Unit designated as Unit 2 in the Peterson Center Condominiums as identified in the Declaration of the Peterson Center Condominiums, which declaration is recorded in Book 8440, Page 1024, in the office of the Register of Deeds of Wake County, North Carolina (the “Declaration”), and more particularly described in the plat and plans of the Condominium filed in Condominium File No. 228 (see CM 1999, Page 228A1-228A8), Wake County Registry, which Declaration, plat and plans are incorporated herein by reference, TOGETHER WITH the undivided interest in the Common Elements as set forth for said Unit in Article 2.6 and Exhibit B of the Declaration.
The Wake Forest Weekly April 25, 2013
May 2, 2013
12-SP-1295 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 Stacy S. Boulom and Kevin M. Boulom, dated March 21, 2005 and recorded on March 21, 2005 in Book No. 011272 at Page 00001 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 2, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 8112 McGuire Drive, Raleigh, NC 27616. Tax Parcel ID: 0141040 Present Record Owners: Stacy S. Boulom and Kevin M. Boulom. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, 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. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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 (803)744-4444, 11322002089 P1031447 4/18, 04/25/2013
The Wake Forest Weekly April 18, 25, 2013
12-SP-2111 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 Ted Allen and Rhonda Allen, dated January 30, 2007 and recorded on January 31, 2007 in Book No. 12380 at Page 1632 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 2, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1025 Sawmill Rd., Raleigh, NC 27615. Tax Parcel ID: 0120147 Present Record Owners: Ted Allen and Rhonda Allen. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, 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. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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 (803)744-4444, 11242600353 P1032155 4/18, 04/25/2013
The Wake Forest Weekly April 18, 25, 2013
12-SP-2912 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 David E. Miller, dated December 5, 2007 and recorded on December 5, 2007 in Book No. 012863 at Page 00569 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 2, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Wake Forest, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1705 Chestnut Hill a/k/a 1705 Chestnut Hill Road, Wake Forest, NC 27587. Tax Parcel ID: 0234594 Present Record Owners: David E. Miller. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, 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. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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 (803)744-4444, 113087-01382 P1031454 4/18, 04/25/2013
The Wake Forest Weekly April 18, 25, 2013
12-SP-3243 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 James M. Kirk and Julie Kirk, dated August 9, 2004 and recorded on August 12, 2004 in Book No. 010967 at Page 02319 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 2, 2013 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Wendell, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 7144 Beaman Court, Wendell, NC 27591. Tax Parcel ID: 1775932654 Present Record Owners: James M. Kirk and Julie Kirk. 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 (803)744-4444, 113217-04041 P1027755 4/18, 04/25/2013
The Wake Forest Weekly April 18, 25, 2013
12-SP-4297 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 Eric Allen Ginter and Fiona V. Ginter, dated May 21, 2007 and recorded on May 29, 2007 in Book No. 012570 at Page 02619 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 2, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Fuquay Varina, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 903 S Main St, Fuquay Varina, NC 27526. Tax Parcel ID: 0050128 Present Record Owners: Eric Allen Ginter and Fiona V. Ginter. 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 (803)744-4444, 112433-00583 P1031830 4/18, 04/25/2013
The Wake Forest Weekly April 18, 25, 2013
SECOND NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL AND PERSONAL PROPERTY STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 12-SP-4718
In the Matter of the Foreclosure of
the Deed of Trust and Security Agreement executed by Hemlock Plaza Limited Partnership,
Grantor,
to Lawyers Title Insurance Corporation,
Original Trustee,
As recorded in Book 12700, Page 1659 of the Wake County Public Registry.
See Substitution of Trustee which Substitutes Louis E. Wooten, III as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 14878, Page 1274 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust and Security Agreement from Hemlock Plaza Limited Partnership to Lawyers Title Insurance Corporation (the “Original Trustee”) for the benefit of Bear Stearns Commercial Mortgage, Inc., appearing of record as Mortgage Electronic Registration Systems, Inc., recorded in Book 12700, Page 1659 of the Wake County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real and personal property described in the attached Exhibit A, together with all rights, privileges and appurtenances thereto (the “Property”).
The record owner of the Property as reflected by the records of the Register of Deeds of Wake County not more than ten (10) days prior to the posting of this Notice was Hemlock Plaza Limited Partnership (“Borrower”).
THIS NOTICE OF SALE IS BEING FILED, POSTED AND PUBLISHED PURSUANT TO NCGS § 45-21.21 AS THE DATE OF THE SALE IS MORE THAN 90 DAYS AFTER THE ORIGINAL DATE OF SALE.
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS,
WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: April 30, 2013 HOUR OF SALE: 10:00 a.m. PLACE OF SALE: Wake County Courthouse
This the 21st day of March, 2013. Louis E. Wooten, III,
Substitute Trustee
The Wooten Law Firm
3737 Glenwood Avenue, Suite 100 Raleigh, North Carolina 27612 Telephone: (919)-573-6118
EXHIBIT A REAL PROPERTY:
Lying and being located in Swift Creek Township, Wake County, North Carolina, and being described as follows:
Beginning at an iron pipe in the Northern 90 foot Right-of-Way of Penny Road, State Road Number 1379, said iron pipe located N 02° 30’ 47” E 14.87 feet from an existing iron pipe inside the Right-of-Way of Penny Road, being the Southeast corner of Yung Sheng Eric Wang et al property; thence N 02° 30’ 47” E 675.58 feet along the East property line of Yung Sheng Eric Wang, et al property to an existing iron pipe; thence N 82° 31’ 25” E 307.42 feet to an existing iron pipe; thence S 58° 30’ 26” E 176.59 feet to an existing iron pipe; thence S 28° 25’ 56” E 68.00 feet to an existing iron pipe; thence N 89° 43’ 46” E 33.00 feet to an existing pipe; thence along a curve to the right with an arc length of 98.99 feet, having a radius of 260.00 feet and a chord bearing and distance of S 77° 53’ 50” E, 98.39 feet to an iron pipe set; thence S 65°
34’ 17” E 58.94 feet to a mag-nail set in the Western 90 foot Right-of-Way of Kildaire Farm Road, State Road Number 1300; thence along the Western Right-of-Way of Kildaire Farm Road S 24° 55’ 14” W 156.63 feet to an existing iron pipe; thence along the Western Right-of-Way of Kildaire Farm Road S 22° 24’ 11” W 101.66 feet to an existing iron pipe; thence along the Western Right-of-Way of Kildaire Farm Road S 21° 02’ 49” W 86.15 feet to an existing iron pipe; thence along the Western Right-of-Way of Kildaire Farm Road S 15° 16’ 40” W 113.49 feet to an existing P-K nail in pavement; thence N 74° 43’ 20” W 123.89 feet to an existing iron pipe; thence N 52° 04’ 07” W 140.34 feet to an existing iron pipe; thence S 07° 36’ 32” W 115.00 feet to an existing iron pipe; thence S 17° 36’ 32” W 136.01 feet to an existing iron pipe in the Northern 90 foot Right-of-Way of Penny Road; thence along the Northern Right-of-Way of Penny Road N 72° 23’ 28” W 42.73 feet to an existing P-K Nail in pavement; thence along the Northern Right-of-Way of Penny Road N 80° 04’ 55” W 13.39 feet to an existing iron pipe; thence N 17° 36’ 32” E 115.00 feet to an existing iron pipe; thence N 11° 57’ 58” E 86.98 feet to an existing iron pipe; thence N 87° 20’ 05” W 90.00 feet to an existing iron pipe; thence N 63° 20’ 05” W 109.00 feet to an existing iron pipe; thence along a curve to the left with an arc length of 95.91 feet, having a radius of 270.00 feet and a chord bearing and distance of S 16° 49’ 54” W, 95.41 feet to a mag-nail set; thence S 02° 53’ 07” W 139.44 feet to a mag-nail set in pavement in the Northern Right-of-Way of Penny Road; thence along the Northern Right-of-Way of Penny Road N 89° 41’ 47” W 25.04 feet to the point and place of Beginning, containing 7.251 total acres, all as shown on that certain unrecorded plat of survey entitle, “ALTA/ ACSM Land Title Survey Expressly for Hemlock Plaza Limited Partnership”, prepared by Staley C. Smith, PLS, dated July 12, 2007, reference to such plat being hereby made for a more particular description of the metes, bounds, courses and distances of such real property.
TOGETHER WITH the rights set out in that certain Easement for Retention Pond recorded in Book 6937, Page 754, Wake County Registry.
PERSONAL PROPERTY:
All machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has an interest, located upon the Real Property or appurtenant thereto, and usable in connection with the operation and occupancy of the Real Property, and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has an interest, located upon the Real Property, or appurtenant thereto, or usable in connection with the operation and occupancy of the Real Property.
The Wake Forest Weekly April 18, 25, 2013
The Wake Forest Weekly April 25, 2013
May 2, 2013
NOTICE TO CREDITORS
All persons, firms and corporations having claims against Frederick G. Dietsch, deceased of Wake County, N.C., are notified to exhibit the same to the undersigned on or before July 26, 2013 or this notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This 25th day of April, 2013. PERSONAL REPRESENTATIVE: Glenda D. Jenkins,
8116 Windsor Ridge Drive, Raleigh, NC 27615.
The Wake Forest Weekly April 25, 2013
May 2, 9, 16, 2013
NOTICE TO CREDITORS
The undersigned, Brenda L. Blackwood, having duly qualified as Executrix of the Estate of Billie O. Leathers, deceased, late of Wake County, North Carolina, notifies all persons, firms or corporations having claims against the estate of said deceased to exhibit them to the undersigned on or before the 26th day of July, 2013, or this notice will be pleaded in bar of recovery.
All persons, firms and corporations indebted to said Estate will please make immediate payment.
This the 25th day of April, 2013. Brenda L. Blackwood
121 Braelands Drive
Cary, NC 27511
Thomas J. Stevens P.A.
Attorney at Law
Croasdaile Office Park, Suite 1120 1911 Hillandale Road
Durham, NC 27705
The Wake Forest Weekly April 25, 2013
May 2, 9, 16, 2013
NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of Evelyn J. Levin, late of Wake County, North Carolina, this is to notify all persons, firms, and corporations having claims against Evelyn J. Levin to present such claims to the undersigned on or before the 26th day of July, 2013, or this notice will pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.
This 25th day of April, 2013. Mina L. Levin aka
Mina L. Schwarz,
Executrix of The Estate of Evelyn J. Levin, Deceased c/o William P. Pinna
Pinna, Johnston & Burwell, PA PO Box 31788
Raleigh, NC 27622
The Wake Forest Weekly
April 25, 2013 May 2, 9, 16, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Dorothy Weaver Mustard A/K/A Dorothy Hoke Weaver Mustard, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 26, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 25th day of April, 2013. Margaret M. Dockery, Executor 2713 Webb Street
Raleigh, NC 27609
The Wake Forest Weekly April 25, 2013
May 2, 9, 16, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Dorothy P. Ray, deceased, of Wake County, North Car-
olina, are notified to exhibit the same to the undersigned on or before July 26, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 25th day of April, 2013. Phillip Wayne Pleasants, Executor 2845 Purnell Road
Wake Forest, NC 27587
The Wake Forest Weekly April 25, 2013
May 2, 9, 16, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Jane V. Van Syoc, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 26, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 25th of April, 2013. Pamela V. Schrader Executrix
2001 Aurora Drive
Raleigh, NC 27615
The Wake Forest Weekly April 25, 2013
May 2, 9, 16, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Lewis M. Allen, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 19, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 18th day of April, 2013. David Bradford Allen, Executor 16 Wythebrook Lane
Durham, NC 27713
The Wake Forest Weekly April 18, 25, 2013
May 2, 9, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Yolande M. DeVivo, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 19, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 18th day of April, 2013. Annette Finch, Executor
1021 Walkertown Drive
Raleigh 27614
The Wake Forest Weekly April 18, 25, 2013
May 2, 9, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Dorothy P. Goodson, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 19, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 18th day of April, 2013. Augustus Ivan Goodson III and Michael P. Goodson Co-Executors
9821 Poole Road Wendell, NC 27591 The Wake Forest Weekly April 18, 25, 2013
May 2, 9, 2013
NOTICE
All persons, firms or corporations having claims against Curtis Leigh Underwood, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 19, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 18th day of April, 2013.
Clora Jean B. Underwood, Executrix
c/o The Law Offices of John K. Cook, P.A. Post Office Box 226 Wake Forest, NC 27588 (919) 556-4899
The Wake Forest Weekly April 18, 25, 2013
May 2, 9, 2013
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of James Robert Burns, deceased, late of Wake County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 12th day of July, 2013, or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 11th day of April, 2013. c/o David A. Burns, Attorney
Jo Dee Strange, Executor of the Estate of James Robert Burns 4101 Lake Boone Trail, Suite 300 Raleigh, North Carolina 27607 The Wake Forest Weekly
April 11, 18, 25, 2013 May 2, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Richard Augustine Lopez, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 12, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 11th day of April, 2013. Nora Adrianza Lopez, Executor 12800 Spruce Tree Way, Apt. 220 Raleigh, NC 27614
The Wake Forest Weekly April 11, 18, 25, 2013 May 2, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against John Orion Perkins, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 12, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 11th day of April, 2013. Alton Howard, Executor
c/o Shanahan Law Group, PLLC 128 E. Hargett Street, Third Floor Raleigh, NC 27601
The Wake Forest Weekly April 11, 18, 25, 2013 May 2, 2013
NOTICE TO CREDITORS NORTH CAROLINA WAKE COUNTY
The undersigned having qualified
as Executrix of the Estate of James W. Root, Jr., deceased, late of Wake County, North Carolina, notifies all persons, firms and corporations having claims against the estate of said deceased to present them to the undersigned on or before the 11th day of July, 2013, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.
This the 11th day of April, 2013 Ann L. Root
Executrix of the Estate of James W. Root, Jr.
MOORE & VAN ALLEN PLLC (JDJ) PO Box 13706
RTP, NC 27709
The Wake Forest Weekly
April 11, 18, 25, 2013 May 2, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Minnie Ruth Wilson, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 12, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 11th day of April, 2013. Albert Leo Wilson, Jr.
Executor
6109 Hope Farm Lane
Wake Forest, NC 27587
The Wake Forest Weekly April 11, 18, 25, 2013 May 2, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Moses Washington Woodard III, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 12, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 11th day of April, 2013. Moses Washington Woodard IV Executor
7236 Rabbit Run
Wake Forest, NC 27587
The Wake Forest Weekly April 11, 18, 25, 2013 May 2, 2013
NOTICE
In the Matter of the Estate of Rosemary Shafer Bowman
The undersigned, having qualified as Executor of the Estate of Rosemary Shafer Bowman, late of Wake County, N.C., notifies all persons having claims against said estate to present them to the undersigned on or before the 5th day of July, 2013, (which date is three months after the day of the first publication of this notice, or this Notice will be pleaded in bar of recovery. All persons indebted to the said decedent or estate shall please make immediate payment.
This the 4th day of April, 2013 Michael Higgins Bowman Executor of the Estate of Rosemary Shafer Bowman, Deceased
8721 Ft. Macon Court, Raleigh, NC 27615
The Wake Forest Weekly April 4, 11, 18, 25, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Darlene E. Powell, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 5, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 4th day of April, 2013. Sharon Collins, Executor
614 Kingsbury Drive
Durham, NC 27712
The Wake Forest Weekly April 4, 11, 18, 25, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Ivan Cameron Sealey, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before July 5, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 4th day of April, 2013. Robert Sealey, Co-Administrator 1204 Granada Drive
Raleigh, NC 27612
Ann Sealey, Co-Administrator 1204 Granada Drive
Raleigh, NC 27612
The Wake Forest Weekly
Apr. 4, 11, 18, 25, 2013
NOTICE OF PUBLIC SALE
At the following locations:
2845 U.S. Highway One, Franklinton, NC 27525, 10:00 a.m.
Unit D100 Candice Morgan
Unit E132 Jodie Pearce
Unit E133 Kim Johnson
In accordance with the provisions
of N.C.G.S. (C) and (D) and pursuant to the assertion of a lien for rental, the personal property of those listed above will be sold on Saturday, April 27, 2013 at the Gatekeeper locations listed above.
The Wake Forest Weekly April 18, 25, 2013
NOTICE OF PROCEEDING AND SERVICE OF PROCESS BY PUBLICATION STATE OF NORTH CAROLINA COUNTY OF WAKE
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. 11 JT 238, 239
In Re: M.J.-C.T., d.o.b. 5/21/2007;
M.J.C.T., d.o.b. 7/28/2010
To: Maurice Williams, father of a
male child born to Daniellie Marie Taylor on 5/21/2007
D’Armon Burgin, aka Darmen Burgin, father of a male child born to Daniellie Marie Taylor on 7/28/2010
TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: termination of your parental rights in the above-named child.
You are required to make defense to such pleading not later than May 28, 2013, and upon your failure to do so the party seeking relief against you will apply to the Court for the relief herein sought.
You are entitled to attend any hearing affecting your rights. You are entitled to have counsel appointed by the Court if you are indigent. If you desire counsel, you should contact the following attorney: Maurice Williams contact James Hunt, PO Box 808, Raleigh, NC 27602; telephone (919) 7526911. Darmen Burgin contact James Bell, 5640 Six Forks Rd., Raleigh, NC 27609; telephone (919) 549-4999.
This the 18th day of April, 2013. Julia B. Southwick
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602 (919) 856-5500
The Wake Forest Weekly April 18, 25, 2013
May 2, 2013
NOTICE OF SERVICE OF PROCESS BY PUBLICATION. North Carolina, Wake County.
In the General
Court of Justice,
Civil District Court,
13 CVD 4395
Esther Laing, Plaintiff, vs. Pedro
Bencosme, Defendant.
To: Pedro Bencosme.
Take Note: That a pleading seeking relief against you has been filed in the General Court of Justice, District Court Division, by Plaintiff herein, the nature of which is as follows: Absolute Divorce based upon one year’s separation. You are required by law to make defense to such pleadings within forty (40) days from the date of the first publication of this Notice. If you fail to do so, the plaintiff will seek the relief sought herein. Holly M. King,
127 W. Hargett St., Suite 700, Raleigh, NC 27601.
The Wake Forest Weekly
April 18, 25, 2013
May 2, 2013
12-SP-3348 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 Carlos F. Laufters, Reinieri Hernandez and Fanny D. Flores aka Fanny Delores Flores, dated May 16, 2003 and recorded on May 19, 2003 in Book No. 010131 at Page 00666 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 9, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 4229 Knightsbridge Way, Raleigh, NC 27604. Tax Parcel ID: 0202017 Present Record Owners: Carlos F. Laufters, Reinieri Hernandez and Fanny D. Flores aka Fanny Delores Flores. 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. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, 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. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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 (803)744-4444, 11243300445 P1033700 4/25, 05/02/2013
The Wake Forest Weekly April 25, 2013
May 2, 2013
12-SP-4882 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 Bobby L. May aka Bobby Lewis May and Elizabeth S. May, dated July 25, 2003 and recorded on July 30, 2003 in Book No. 010323 at Page 00410 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 9, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1621 Brook Run Drive, Raleigh, NC 27614. Tax Parcel ID: 0093625 Present Record Owners: Bobby L. May aka Bobby Lewis May and Elizabeth S. May. 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. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, 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. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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 (803)744-4444, 11321704482 P1034780 4/25, 05/02/2013
The Wake Forest Weekly April 25, 2013
May 2, 2013
12-SP-5315 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 L. Juda, dated April 21, 2006 and recorded on April 21, 2006 in Book No. 011918 at Page 02020 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 9, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Wake Forest, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 709 Rockville Road, Wake Forest, NC 27587. Tax Parcel ID: 0239636 Present Record Owners: Kevin L. Juda. 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. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, 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. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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 (803)744-4444, 11347306394 P1033702 4/25, 05/02/2013
The Wake Forest Weekly April 25, 2013
May 2, 2013
NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY STATE OF NORTH CAROLINA COUNTY OF WAKE
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 13-SP-673
In the Matter of the Foreclosure of
the Deed of Trust executed by 4246-B,
Inc.,
Grantor,
to Southland Associates, Inc., Original Trustee,
As recorded in Book 12520, Page 451 of the Wake County Public Registry.
See Substitution of Trustee which Substitutes Louis E. Wooten, III as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 15122, Page 184 of the Wake County Public Registry.Pursuant to the power and authority contained in the Deed of Trust from 4246-B, Inc. to Southland Associates, Inc. (the “Original Trustee”) for the benefit of SunTrust Bank recorded in Book 12520, Page 451 of the Wake County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described in Exhibit A attached hereto, together with all rights, privileges and appurtenances thereto (the “Property”).
The record owner of the Property as reflected by the records of the Register of Deeds of Wake County not more than ten (10) days prior to the posting of this Notice was 4246-B, Inc.
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: May 7, 2013 HOUR OF SALE: 10:00 a.m. PLACE OF SALE: Wake County
Courthouse
This the 8th day of April, 2013. Louis E. Wooten, III,
Substitute Trustee
The Wooten Law Firm
3737 Glenwood Avenue, Suite 100 Raleigh, North Carolina 27612 Telephone: (919)-573-6118
EXHIBIT A
Lying and being in the Town of Cary, Wake County, North Carolina, and being more particularly described as follows:
Tract One:
All of that Condominium Unit designated as Unit 1 in the Peterson Center Condominiums as identified in the Declaration of the Peterson Center Condominiums, which declaration is recorded in Book 8440, Page 1024, in the office of the Register of Deeds of Wake County, North Carolina (the
“Declaration”), and more particularly described in the plat and plans of the Condominium filed in Condominium File No. 228 (se CM 1999, Pages 228A1 through 228A8), Wake County Registry, which Declaration, plat and plans are incorporated herein by reference, TOGETHER WITH the undivided interest in the Common Elements as set forth for said Unit in Article 2.6 and Exhibit B of the Declaration.
Tract Two:
All of that Condominium Unit designated as Unit 2 in the Peterson Center Condominiums as identified in the Declaration of the Peterson Center Condominiums, which declaration is recorded in Book 8440, Page 1024, in the office of the Register of Deeds of Wake County, North Carolina (the “Declaration”), and more particularly described in the plat and plans of the Condominium filed in Condominium File No. 228 (see CM 1999, Page 228A1-228A8), Wake County Registry, which Declaration, plat and plans are incorporated herein by reference, TOGETHER WITH the undivided interest in the Common Elements as set forth for said Unit in Article 2.6 and Exhibit B of the Declaration.
The Wake Forest Weekly April 25, 2013
May 2, 2013
12-SP-1295 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 Stacy S. Boulom and Kevin M. Boulom, dated March 21, 2005 and recorded on March 21, 2005 in Book No. 011272 at Page 00001 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 2, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 8112 McGuire Drive, Raleigh, NC 27616. Tax Parcel ID: 0141040 Present Record Owners: Stacy S. Boulom and Kevin M. Boulom. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, 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. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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 (803)744-4444, 11322002089 P1031447 4/18, 04/25/2013
The Wake Forest Weekly April 18, 25, 2013
12-SP-2111 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 Ted Allen and Rhonda Allen, dated January 30, 2007 and recorded on January 31, 2007 in Book No. 12380 at Page 1632 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 2, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1025 Sawmill Rd., Raleigh, NC 27615. Tax Parcel ID: 0120147 Present Record Owners: Ted Allen and Rhonda Allen. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, 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. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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 (803)744-4444, 11242600353 P1032155 4/18, 04/25/2013
The Wake Forest Weekly April 18, 25, 2013
12-SP-2912 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 David E. Miller, dated December 5, 2007 and recorded on December 5, 2007 in Book No. 012863 at Page 00569 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 2, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Wake Forest, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1705 Chestnut Hill a/k/a 1705 Chestnut Hill Road, Wake Forest, NC 27587. Tax Parcel ID: 0234594 Present Record Owners: David E. Miller. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, 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. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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 (803)744-4444, 113087-01382 P1031454 4/18, 04/25/2013
The Wake Forest Weekly April 18, 25, 2013
12-SP-3243 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 James M. Kirk and Julie Kirk, dated August 9, 2004 and recorded on August 12, 2004 in Book No. 010967 at Page 02319 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 2, 2013 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Wendell, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 7144 Beaman Court, Wendell, NC 27591. Tax Parcel ID: 1775932654 Present Record Owners: James M. Kirk and Julie Kirk. 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 (803)744-4444, 113217-04041 P1027755 4/18, 04/25/2013
The Wake Forest Weekly April 18, 25, 2013
12-SP-4297 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 Eric Allen Ginter and Fiona V. Ginter, dated May 21, 2007 and recorded on May 29, 2007 in Book No. 012570 at Page 02619 in the Office of the Register of Deeds of Wake 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 Wake County Courthouse, Raleigh, North Carolina on May 2, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Fuquay Varina, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 903 S Main St, Fuquay Varina, NC 27526. Tax Parcel ID: 0050128 Present Record Owners: Eric Allen Ginter and Fiona V. Ginter. 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 (803)744-4444, 112433-00583 P1031830 4/18, 04/25/2013
The Wake Forest Weekly April 18, 25, 2013
SECOND NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL AND PERSONAL PROPERTY STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 12-SP-4718
In the Matter of the Foreclosure of
the Deed of Trust and Security Agreement executed by Hemlock Plaza Limited Partnership,
Grantor,
to Lawyers Title Insurance Corporation,
Original Trustee,
As recorded in Book 12700, Page 1659 of the Wake County Public Registry.
See Substitution of Trustee which Substitutes Louis E. Wooten, III as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 14878, Page 1274 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust and Security Agreement from Hemlock Plaza Limited Partnership to Lawyers Title Insurance Corporation (the “Original Trustee”) for the benefit of Bear Stearns Commercial Mortgage, Inc., appearing of record as Mortgage Electronic Registration Systems, Inc., recorded in Book 12700, Page 1659 of the Wake County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real and personal property described in the attached Exhibit A, together with all rights, privileges and appurtenances thereto (the “Property”).
The record owner of the Property as reflected by the records of the Register of Deeds of Wake County not more than ten (10) days prior to the posting of this Notice was Hemlock Plaza Limited Partnership (“Borrower”).
THIS NOTICE OF SALE IS BEING FILED, POSTED AND PUBLISHED PURSUANT TO NCGS § 45-21.21 AS THE DATE OF THE SALE IS MORE THAN 90 DAYS AFTER THE ORIGINAL DATE OF SALE.
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS,
WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: April 30, 2013 HOUR OF SALE: 10:00 a.m. PLACE OF SALE: Wake County Courthouse
This the 21st day of March, 2013. Louis E. Wooten, III,
Substitute Trustee
The Wooten Law Firm
3737 Glenwood Avenue, Suite 100 Raleigh, North Carolina 27612 Telephone: (919)-573-6118
EXHIBIT A REAL PROPERTY:
Lying and being located in Swift Creek Township, Wake County, North Carolina, and being described as follows:
Beginning at an iron pipe in the Northern 90 foot Right-of-Way of Penny Road, State Road Number 1379, said iron pipe located N 02° 30’ 47” E 14.87 feet from an existing iron pipe inside the Right-of-Way of Penny Road, being the Southeast corner of Yung Sheng Eric Wang et al property; thence N 02° 30’ 47” E 675.58 feet along the East property line of Yung Sheng Eric Wang, et al property to an existing iron pipe; thence N 82° 31’ 25” E 307.42 feet to an existing iron pipe; thence S 58° 30’ 26” E 176.59 feet to an existing iron pipe; thence S 28° 25’ 56” E 68.00 feet to an existing iron pipe; thence N 89° 43’ 46” E 33.00 feet to an existing pipe; thence along a curve to the right with an arc length of 98.99 feet, having a radius of 260.00 feet and a chord bearing and distance of S 77° 53’ 50” E, 98.39 feet to an iron pipe set; thence S 65°
34’ 17” E 58.94 feet to a mag-nail set in the Western 90 foot Right-of-Way of Kildaire Farm Road, State Road Number 1300; thence along the Western Right-of-Way of Kildaire Farm Road S 24° 55’ 14” W 156.63 feet to an existing iron pipe; thence along the Western Right-of-Way of Kildaire Farm Road S 22° 24’ 11” W 101.66 feet to an existing iron pipe; thence along the Western Right-of-Way of Kildaire Farm Road S 21° 02’ 49” W 86.15 feet to an existing iron pipe; thence along the Western Right-of-Way of Kildaire Farm Road S 15° 16’ 40” W 113.49 feet to an existing P-K nail in pavement; thence N 74° 43’ 20” W 123.89 feet to an existing iron pipe; thence N 52° 04’ 07” W 140.34 feet to an existing iron pipe; thence S 07° 36’ 32” W 115.00 feet to an existing iron pipe; thence S 17° 36’ 32” W 136.01 feet to an existing iron pipe in the Northern 90 foot Right-of-Way of Penny Road; thence along the Northern Right-of-Way of Penny Road N 72° 23’ 28” W 42.73 feet to an existing P-K Nail in pavement; thence along the Northern Right-of-Way of Penny Road N 80° 04’ 55” W 13.39 feet to an existing iron pipe; thence N 17° 36’ 32” E 115.00 feet to an existing iron pipe; thence N 11° 57’ 58” E 86.98 feet to an existing iron pipe; thence N 87° 20’ 05” W 90.00 feet to an existing iron pipe; thence N 63° 20’ 05” W 109.00 feet to an existing iron pipe; thence along a curve to the left with an arc length of 95.91 feet, having a radius of 270.00 feet and a chord bearing and distance of S 16° 49’ 54” W, 95.41 feet to a mag-nail set; thence S 02° 53’ 07” W 139.44 feet to a mag-nail set in pavement in the Northern Right-of-Way of Penny Road; thence along the Northern Right-of-Way of Penny Road N 89° 41’ 47” W 25.04 feet to the point and place of Beginning, containing 7.251 total acres, all as shown on that certain unrecorded plat of survey entitle, “ALTA/ ACSM Land Title Survey Expressly for Hemlock Plaza Limited Partnership”, prepared by Staley C. Smith, PLS, dated July 12, 2007, reference to such plat being hereby made for a more particular description of the metes, bounds, courses and distances of such real property.
TOGETHER WITH the rights set out in that certain Easement for Retention Pond recorded in Book 6937, Page 754, Wake County Registry.
PERSONAL PROPERTY:
All machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has an interest, located upon the Real Property or appurtenant thereto, and usable in connection with the operation and occupancy of the Real Property, and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has an interest, located upon the Real Property, or appurtenant thereto, or usable in connection with the operation and occupancy of the Real Property.
The Wake Forest Weekly April 18, 25, 2013
