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This article is currently offline. Public Notices 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 Monday, June 3, 2013 to discuss case LUMA 13-01, a future land use map amendment petition by Robert Luddy. The public is encouraged to attend. The amendment would change the designation of 1 acre parcel located at 4601 Lonnie Drive, from Planned Residential to Commercial. The board will also consider a zoning map amendment petition (from R-1 to CO-SUD) for two contiguous parcels of land totaling 4.38 acres, located at 9405 Louisburg Road and 4601 Lonnie Drive. Wake County PINs 1758352248 and 178351555 respectively. Leslie Rudd Town Clerk The Wake Forest Weekly May 23, 30, 2013 NOTICE OF PUBLIC HEARING CASE NO. RZ-13-02 CONSIDERATION OF A REZONING REQUEST FILED BY GREEN OLIVE INVESTMENTS, LLC TO REZONE 73.93 ACRES LOCATED AT 4301 ROGERS ROAD TAX PIN NUMBER: 1759-27-9845, 1759-27-1667 and 1759-38-7742 The public will take notice that the Wake Forest Planning Board and the Board of Commissioners will hold a joint public hearing on Tuesday, June 4, 2013 at 7:30 p.m. in the Wake Forest Town Hall. The purpose of the hearing is to consider a rezoning request filed by Green Olive Investments, LLC to rezone 73.93 acres located at 4301 Rogers Road from R-30 (Wake County) and to CU – R-8, Conditional Use – Residential-8, being Wake County Tax Pin Number 1759-27-9845, 1759-27-1667 and 1759-38-7742. Formal petitions for or against this request must be filed with the Town Clerk at least two (2) days prior to the hearing. The public and interested parties should take notice that substantial changes might be made in the advertised proposal reflecting objections, debate, and discussion at the hearing. The Planning Board will consider the request at its regular meeting on Tuesday, June 4, 2013, at 7:30 PM and make a recommendation to the Board of Commissioners. The Board of Commissioners, at its regular meeting on Tuesday, June 18, 2013, at 7:00 PM will consider the petition and the recommendation of the Planning Board and may, in its discretion, choose to modify it. All interested citizens are invited to attend the hearing. More detailed information about the request may be obtained from the Planning Department – located at 301 South Brooks Street, Wake Forest, NC 27587. Deeda Harris Town Clerk The Wake Forest Weekly May 23, 30, 2013 NOTICE OF PUBLIC HEARING CASE NO. RZ-13-01 CONSIDERATION OF A REZONING REQUEST FILED BY STANDARD PACIFIC OF THE CAROLINAS, LLC TO REZONE 73 ACRES LOCATED AT THE TERMINUS OF HERITAGE BRANCH ROAD, NEAR THE INTERSECTION OF HERITAGE BRANCH COURT AND HARPERS FERRY COURT TAX PIN NUMBER: 1749-29-7500 The public will take notice that the Wake Forest Planning Board and the Board of Commissioners will hold a joint public hearing on Tuesday, June 4, 2013 at 7:30 p.m. in the Wake Forest Town Hall. The purpose of the hearing is to consider a rezoning request filed by Standard Pacific of the Carolinas, LLC to rezone 73 acres located at the terminus of Heritage Branch Road, near the intersection of Heritage Branch Court and Harpers Ferry Court from CU – O&I, Conditional Use – Office and Institution to CU – R-5, Conditional Use – Residential-5, being Wake County Tax Pin Number 1749-29-7500. Formal petitions for or against this request must be filed with the Town Clerk at least two (2) days prior to the hearing. The public and interested parties should take notice that substantial changes might be made in the advertised proposal reflecting objections, debate, and discussion at the hearing. The Planning Board will consider the request at its regular meeting on Tuesday, June 4, 2013, at 7:30 PM and make a recommendation to the Board of Commissioners. The Board of Commissioners, at its regular meeting on Tuesday, June 18, 2013, at 7:00 PM will consider the petition and the recommendation of the Planning Board and may, in its discretion, choose to modify it. All interested citizens are invited to attend the hearing. More detailed information about the request may be obtained from the Planning Department – located at 301 South Brooks Street, Wake Forest, NC 27587. Deeda Harris Town Clerk The Wake Forest Weekly May 23, 30, 2013 NOTICE OF MEETING FY 2013-2014 PROPOSED BUDGET WORK SESSION The Wake Forest Board of Commissioners will meet to hold a Work Session to discuss the proposed budget for fiscal year 2013-2014 on Wednesday, May 29, 2013 at 5:30 p.m. in the Board Room at Town Hall. All interested citizens are invited to attend the meeting. A copy of the proposed budget is on file in the Town Clerk’s Office and available for public inspection from 8:00 a.m. to 5:00 p.m., Monday through Friday. Deeda W. Harris Town Clerk The Wake Forest Weekly May 23, 2013 NOTICE All persons, firms or corporations having claims against WILLENA MOSER WELSH, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 26, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This, the 15th day of May, 2013. Tamora Leigh Smolan, Administratrix c/o R. Keith Shackleford, Attorney Warren Shackleford, Attorneys PLLC Post Office Box 1187 Wake Forest, NC 27588-1187 (919) 556-3134 The Wake Forest Weekly May 23, 30, 2013 June 6, 11, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against Leslie Melton Simmons, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 24, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 23rd day of May, 2013. Elaine B. Simmons 610 North Main Street Wake Forest, NC 27587 The Wake Forest Weekly May 23, 30, 2013 June 6, 13, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against Harry E. Lisee, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 24, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 23rd day of May, 2013. Lisa L. Nelson 972 Glen Laurel Road Clayton, NC 27527 The Wake Forest Weekly May 23, 30, 2013 June 6, 13, 2013 NOTICE All persons, firms or corporations having claims against Susan W. Guess, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 24, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 23rd day of May, 2013. Ronald Lynn Guess, Executor c/o John K. Cook, Attorney The Law Offices of John K. Cook, P.A. Post Office Box 226 Wake Forest, NC 27588 (919) 556-4899 The Wake Forest Weekly May 23, 30, 2013 June 6, 13, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against Oscar Thomas Barham, Jr, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 24, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 23rd day of May, 2013. Oscar Thomas Barham, III Executor The Wake Forest Weekly May 23, 30, 2013 June 6, 13, 2013 NOTICE TO CREDITORS Having qualified as Administrator of the Estate of Lewis Edward Welborn, late of Wake County, North Carolina, this is to notify all persons, firms, and corporations having claims against Lewis Edward Welborn to present such claims to the undersigned on or before the 17th day of August, 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 16th day of May, 2013. Joan C. Welborn, Administrator of The Estate of Lewis Edward Welborn, Deceased c/o William P. Pinna Pinna, Johnston & Burwell, PA PO Box 31788 Raleigh, NC 27622 The Wake Forest Weekly May 16, 23, 30, 2013 June 6, 2013 NOTICE TO CREDITORS The undersigned, having qualified as Executor of the Estate of MARY P. SALERNO, deceased, of Cary, Wake County, North Carolina, does hereby notify all persons, firms and corporations having claims against the estate of said decedent to present them to the undersigned on or before the 17th day of August, 2013, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned. This the 16th day of May, 2013. Eugene P. Salerno, Executor 102 Grattan Court Morrisville, NC 27560 The Wake Forest Weekly May 16, 23, 30, 2013 June 6, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against Lynwood Vance Lynam, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 17, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 16th day of May, 2013. Larry Van Lynam, Administrator 1012 Beechwood Dr. Youngsville, NC 27596 The Wake Forest Weekly May 16, 23, 30, 2013 June 6, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against James Daylon Wheeler, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 10, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 9th day of May, 2013. Betty Marie Wheeler, Administrator 5428 Barham Siding Rd. Wake Forest, NC 27587 The Wake Forest Weekly May 9, 16, 23, 30, 2013 NOTICE TO CREDITORS Having qualified as Co-Executors of the estate of Nancy Mayfield Lamm Watson, late of Wendell, Wake County, North Carolina, the undersigned do hereby notify all persons, firms, and corporations having claims against said decedent to exhibit them to the undersigned on or before the 10th day of August, 2013 or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said decedent will please make immediate payment to the undersigned. This 9th day of May, 2013. Rose Watson Black and Olen Leo Watson, Jr., Co-Executors, Estate of Nancy Mayfield Lamm Watson, Deceased c/o Walter Brodie Burwell, Jr. Pinna, Johnston & Burwell, P.A. P.O. Box 31788 Raleigh, NC 27622 Walter Brodie Burwell, Jr. Pinna, Johnston & Burwell, P.A. PO Box 31788 Raleigh, NC 27622 The Wake Forest Weekly May 9, 16, 23, 30, 2013 NOTICE TO CREDITORS STATE OF NORTH CAROLINA COUNTY OF WAKE THE UNDERSIGNED, having qualified on the 26th day of April, 2013, as Executor of THE ESTATE OF PETER CRAIG SMITH, Deceased, of Wake County, North Carolina, does hereby notify all persons, firms and corporations having claims against said Estate to exhibit them to the undersigned on or before the 9th day of August 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 9th day of May, 2013. Jeffrey Erich Smith 2212 Leadenhall Way Raleigh, NC 27603 SHIRLEY M. DIEFENBACH, ESQ. WALKER, LAMBE, RHUDY, COSTLEY & GILL, P.L.L.C. Post Office Box 51549 Durham, North Carolina 27717-1549 The Wake Forest Weekly May 9, 16, 23, 30, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against Rose G. Newell, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 10, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 9th day of May, 2013. William F. Newell, Co-Executor 5632 Bennetwood Court Raleigh, NC 27612 Mary Grace Lagomasino, Co-Executor 103 Beloit Court Cary, NC 27511 The Wake Forest Weekly May 9, 16, 23, 30, 2013 NOTICE TO CREDITORS Having qualified as Executor of the Estate of Clawson S. Hines a/k/a Clawson Stamps Hines, 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 9th day of August, 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 9th day of May, 2013. c/o David A. Burns, Attorney Magalene L. Hines, Executor of the Estate of Clawson S. Hines 4101 Lake Boone Trail, Suite 300 Raleigh, North Carolina 27607 The Wake Forest Weekly May 9, 16, 23, 30, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against Robert Lee Gordon, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 10, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 9th day of May, 2013. Molly Sue Ratledge Gordon, Executrix 419 Oak Ridge Road Cary, NC 27511 The Wake Forest Weekly May 9, 16, 23, 30, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against Elizabeth R. Garland, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 10, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 9th day of May, 2013. Margaret E. Garland, Executrix 1001 Plateau Lane Raleigh, NC 27615 The Wake Forest Weekly May 9, 16, 23, 30, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against Rhoda P. Aiken deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 10, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 9th day of May, 2013. E. Thomas Aiken Jr., Executor 2926 Buena Vista Road Winston-Salem, NC 27106 The Wake Forest Weekly May 9, 16, 23, 30, 2013 NORTH CAROLINA WAKE COUNTY NOTICE TO CREDITORS Having qualified as Executrix of the Estate of Richard Glenn Strickland, Wake County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of the said decedent to exhibit them to the undersigned c/o Robin E. Pipkin, Attorney, 4101 Lake Boone Trail, Suite 100, Raleigh, NC 27607, on or before the 3rd day of August, 2013 or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will please make immediate payment to the undersigned. This 2nd day of May, 2013. Tracy Jeannette Brown Strickland, Executrix The Wake Forest Weekly May 2, 9, 16, 23 NOTICE All persons, firms or corporations having claims against LOFTON VERNON O’NEAL, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 5, 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. Royster W. O’Neal, Administrator c/o R. Keith Shackleford, Attorney Warren Shackleford, Attorneys PLLC Post Office Box 1187 Wake Forest, NC 27588-1187 (919) 556-3134 The Wake Forest Weekly May 2, 9, 16, 23, 2013 NOTICE TO CREDITORS The undersigned, having qualified as Executor of the Estate of NANCY CLAIRE MARTIN, deceased, of Raleigh, Wake County, North Carolina, does hereby notify all persons, firms and corporations having claims against the estate of said decedent to present them to the undersigned on or before the 1st day of August, 2013, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned. This the 29th day of April, 2013. Rod Martin, , Executor 174 Dix Creek Road Hubert, NC 28539 The Wake Forest Weekly May 2, 9, 16, 23, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against Dale George Kratsch, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 3, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 2nd day of May, 2013. Beverlee D. Varmo Administrator 16555 Grays Way Broomfield, CO 80023 The Wake Forest Weekly May 2, 9, 16, 23, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against Josephine G. Jacobellis, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 3, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 2nd day of May, 2013. Christine Barker, Executor 718 Quartz Crystal Place Cary, NC 27519 The Wake Forest Weekly May 2, 9, 16, 23, 2013 NOTICE All persons, firms or corporations having claims against JOSEPHINE RAY DAVIS, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 5, 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 Linwood Earl Davis, Administrator c/o R. Keith Shackleford, Attorney Warren Shackleford, Attorneys PLLC Post Office Box 1187 Wake Forest, NC 27588-1187 (919) 556-3134 The Wake Forest Weekly May 2, 9, 16, 23, 2013 NOTICE All persons, firms or corporations having claims against MARION ROSARIA CODY, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 5, 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. Philip Cody, Administrator c/o R. Keith Shackleford, Attorney Warren Shackleford, Attorneys PLLC Post Office Box 1187 Wake Forest, NC 27588-1187 (919) 556-3134 The Wake Forest Weekly May 2, 9, 16, 23, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against James Clause Beach, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 3 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 2nd day of May, 2013. Patricia Anne Beach, Executor 1209 Trailwood Drive Raleigh, NC 27606 The Wake Forest Weekly May 2, 9, 16, 23, 2013 NOTICE TO CREDITORS All persons, firms or corporations having claims against Deborah Gayle Axton, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before August 3, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 2nd day of May, 2013. Milton Curtis Axton, Adminitrator 8908 Cape Henry Dr. Raleigh, NC 27615 The Wake Forest Weekly May 2, 9, 16, 23 PUBLIC NOTICE Rolesville Storage Center 417 S Main Street Rolesville, NC 27571 919 556 8867 Sale Date May 31, 2013 11:30 AM Units Name 2E17 Justin Shearin 6109 Buffaloe Rd. Raleigh, NC 27616 2C28 Audrey Lee 156 Bridle Trail Youngsville, NC 27596 ITEMS TO BE SOLD: Misc. Boxes, Lamps, Misc. Furniture, and misc house hold items, TV. The Wake Forest Weekly May 23, 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 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, May 25, 2013 at the Gatekeeper locations listed above. The Wake Forest Weekly May 16, 23, 2013 Notice of Service of Process By Publication State of North Carolina Wake County In the Superior Court Division File No. 13-SP-372 SUNTRUST BANK, Petitioner, v. Rose F. Fowler a/k/a Rose Marie F. Fowler and Bart Wesley Fowler, Respondents To: Rose F. Fowler, and Bart Wesley Fowler 7305 Perry Creek Road Raleigh, NC 27616 TAKE NOTICE that a pleading seeking the relief described below has been filed in the above-captioned action. You are named a party to this civil action since you are a party in interest. The nature of the relief sought is the Petitioner’s recovery of surplus funds from a foreclosure sale in 11-SP-4170, in the amount of $14,379.74. You are required to make a defense to such pleading not later than forty (40) days after the date of first publication of this Notice, said date being May 16, 2013, and upon your failure to do so, the party seeking service against you will apply to the Court for a final determination of the relief sought. This the 16th day of May, 2013. Tyler J. Skitt N.C. State Bar No. 41599 2550 W. Tyvola Road Suite 520 Charlotte, NC 28217 (704) 442-9500 The Wake Forest Weekly May 16, 23, 30, 2013 NOTICE OF SERVICE OF PROCESS BY PUBLICATION STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. 13-CVD-668 COASTAL FEDERAL CREDIT UNION, Plaintiff, Vs. EDWARD JOSHUA LAMAR AKA EDWARD LAMAR, Defendant. TO: EDWARD JOSHUA LAMAR AKA EDWARD LAMAR 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: The Plaintiff is seeking possession of a 2003 Cadillac Deville, VIN# 1G6KD54Y53U197421, as well as monies owed as a result of default under the terms of an installment sale contract. You are required to make defense to such pleading not later than June 18, 2013. Upon your failure to do so, the Plaintiff will apply to the Court for the relief sought. This law firm is a debt collector within the meaning of the Fair Debt Collection Practices Act. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose. This the 1st day of May, 2013. Sarah Dalonzo-Baker Kirschbaum, Nanney, Keenan & Griffin, P.A. Attorney for Plaintiff Post Office Box 19806 Raleigh, NC 27619 (919) 848-9640 The Wake Forest Weekly May 9, 16, 23, 2013 11-SP-5835 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 Michael Meagher and Patricia Meagher, dated April 29, 2013 and recorded on September 29, 2004 in Book No. 011036 at Page 00004 and reformed by judgment on May 1, 2013 in Book No. 15252 at Page 2356 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 June 6, 2013 at 10:00 AM 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: 6001 Applewood Ln, Raleigh, NC 27609. Tax Parcel ID: 0109032 Present Record Owners: Michael Meagher and Patricia Meagher. 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, 113081-01571 P1037973 5/23, 05/30/2013 The Wake Forest Weekly May 23, 30, 2013 NOTICE OF SALE NORTH CAROLINA COUNTY OF WAKE IN THE GENERAL COURT OF JUSTICE BEFORE THE CLERK 13 SP 1557 In the Matter of the foreclosure of a Deed of Trust executed by Kelly K. Sutton, (PRESENT RECORD OWNER(S): Kelly K. Sutton Living Family Trust) in the original amount of $440,000.00 dated June 12, 2008, recorded in Book 13138, Page 126, Wake County Registry, Ryan J. Adams, Substitute Trustee Under and by virtue of the power and authority contained in a certain Deed of Trust executed and delivered by Kelly K. Sutton, dated June 12, 2008, and recorded on June 13, 2008, in Book 13138, Page 126, Wake County Registry (“Deed of Trust”), and because of default in the payment of the indebtedness thereby secured, and pursuant to the Order of the Clerk of Superior Court for Wake County, North Carolina, entered in this foreclosure proceeding, the undersigned Substitute Trustee will expose for sale at public auction on the 5th day of June, 2013, at 10:00 am, or as soon thereafter as possible at the Wake County Courthouse, the real property (including any improvements thereon) and fixtures located in Wake County, North Carolina, which is more particularly described as: Being all of lot 303, Phase 1B of Twelve Oaks Subdivision as shown in Book of Maps 2007, Page 1585-1588, Wake County Registry. This property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. The property will otherwise be sold subject to any and all exceptions, rights or interests that are superior to the Deed of Trust. The property is not being sold subject to or together with any other exceptions, rights or interests subordinate to the Deed of Trust. The property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the loan secured by the Deed of Trust nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the loan secured by the Deed of Trust make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being sold, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions are expressly disclaimed. The record owner of the abovedescribed real property as reflected on the records of the Wake County Register of Deeds not more than ten (10) days prior to the posting of this notice is Kelly K. Sutton Living Family Trust. The address of the property being foreclosed upon is: 1900 Green Oaks Parkway, Holly Springs, North Carolina 27540. Pursuant to North Carolina General Statutes Section 4521.10(b), any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of the greater of five percent (5%) of the successful bidder’s bid or $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 the successful bidder 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 4521.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid. This sale will be held open for upset bids as required by law. Upon the completion of the foreclosure, an order for possession of the property sold, or any portion thereof, may be issued pursuant to North Carolina General Statutes § 45-21.29 in favor of the purchaser and against the party or parties in possession by the Wake County Clerk of Superior Court. This the 15th day of May, 2013. SHIRLEY & ADAMS, PLLC Ryan J. Adams, Esq. NC State Bar No. 27687 115 West Morgan Street Raleigh, North Carolina 27601 Telephone: (919) 899-6278 Facsimile: (919) 899-6279 The Wake Forest Weekly May 23, 30, 2013 NOTICE OF PUBLIC SALE OF REAL PROPERTY STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 12 SP 5539 MELANIE HADDOCK, Petitioner, v. RODNEY STRATTON, Respondent THIS NOTICE OF PUBLIC SALE (”Notice”) is given under and by virtue of an Order of the Clerk of Superior Court, Special Proceedings Division, of Wake County, North Carolina (”Clerk”) appointing the undersigned as Commissioner, filed on February 5, 2013 in File Number 12 SP 5539 (”Order”). Pursuant to the Order of the Clerk, the undersigned will conduct a public sale pursuant to § 1-339 et seq. of the General Statutes of the State of North Carolina with respect to the partition of certain real property as hereinafter set forth. Robert J. Ramseur, Jr., Commissioner, will expose for sale at public auction to the highest bidder for cash on June 5, 2013 at 11 a.m. at the Wake County Courthouse (inside the entrance of the Courthouse adjoining Salisbury Street where sales are customarily held), 316 Fayetteville Street, Raleigh, North Carolina, that certain real property believed without representation or warranty to be commonly known as 506 Longview Street, Garner, NC 27529, as more particularly described on Exhibit A attached hereto (the “Property”). The record owner of the Property as reflected on the records of the Wake County Register of Deeds not more than ten (10) days prior to the posting of this Notice are Rodney Stratton and Melanie Haddock. TERMS OF SALE: The purchaser of the Property must pay, in addition to the amount bid, the following amounts: (i) the excise tax on conveyances required by N.C. Gen. Stat. § 105-228.28 et seq. of One Dollar ($1) per Five Hundred Dollars ($500) or fractional part thereof of the bid amount, and (ii) unpaid ad valorem taxes and assessments. The successful bidder may be required to deposit with the Commissioner immediately upon the conclusion of the sale a cash deposit not to exceed ten (10%) percent of the amount of the bid. 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 Commissioner tenders to such successful bidder a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, such successful bidder shall remain liable on the bid as provided for in N.C. Gen. Stat. § 1-339.30(e) and (f). Pursuant to 26 U.S.C. § 7425, the Secretary of the Internal Revenue Service will have the right to redeem the Property from any successful bidder for a period of one hundred twenty (120) days from the date of the expiration of the upset bid period. The Property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” The Commissioner makes no warranty relating to the title or any physical, environmental, health, or safety conditions existing in, on, at or relating to the Property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition are expressly disclaimed. The Property is being sold subject to all prior liens, unpaid taxes, matters of survey, restrictions, encumbrances, leases and easements of record, and assessments, if any. SPECIAL NOTICE FOR RESIDENTIAL LEASEHOLD TENANTS: If you are a residential tenant in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon ten (10) days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination. This sale will be held open ten (10) days for upset bids as required by law. This the 9th day of May, 2013. ROBERT J. RAMSEUR, JR., Commissioner EXHIBIT A Legal Description All those certain pieces, parcels or tracts of land lying and being in the Town of Garner, St. Mary’s Township, Wake County, North Carolina, and being more particularly described as follows: BEING ALL OF Lot 5, Block G, Schoolacres, Section 2, as shown on a map recorded in Book of Maps 1959, Page 352, Wake County Registry. Property Address: 506 Longview Street, Garner, North Carolina 27529 Tax Account No.: 0040520 The Wake Forest Weekly May 23, 30, 2013 12-SP-4511 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 Leah Johnson and Henry Johnson, dated February 28, 2007 and recorded on March 1, 2007 in Book No. 012427 at Page 00240 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 June 6, 2013 at 10:00 AM 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: 6024 Namozine Ct., Raleigh, NC 27610. Tax Parcel ID: 1732715849 Present Record Owners: Leah Johnson and Henry Johnson. 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, 113081-02100 P1038860 5/23, 05/30/2013 The Wake Forest Weekly May 23, 30, 2013 AMENDED NOTICE OF FORECLOSURE SALE STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 11 SP 2478 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JDG INVESTMENTS, INC., DATED AUGUST 1, 2005 AND RECORDED IN BOOK 11505, PAGE 2621, WAKE COUNTY REGISTRY AND IN BOOK 2949, PAGE 68, JOHNSTON COUNTY REGISTRY, TO THOMAS E. HOLDER, JR., TRUSTEE. RUSSLAW, LLC, SUBSTITUTE TRUSTEE. Under and by virtue of the power of sale contained in that certain Deed of Trust executed by JDG Investments, Inc., dated August 1, 2005 and recorded in Book 11505, Page 2621, Wake County Registry, North Carolina, default having been made in payment of the Note thereby secured and the necessary findings to permit foreclosure having been made by the Asst. Clerk of Superior Court of Wake County, North Carolina, the undersigned RUSSLAW, LLC, Substitute Trustee, will offer for sale at public auction at the usual place of sale at the Wake County Courthouse, at 11:00 AM on June 5, 2013, the property located in Wake County conveyed in said Deed of Trust identified above, which description is incorporated by reference herein as amended, modified or supplemented by other instruments, if any, recorded subsequent to the Deed of Trust in the Wake County Registry and will sell to the highest bidder for cash the following real estate (but only that portion of the Property that is located in Wake County): SEE ATTACHED EXHIBIT A. TOGETHER with the improvements located thereon and appurtenances thereto. The record owner of the above-described real estate as reflected on the records of the Wake County Register of Deeds not more than ten (10) days prior to the posting of this Notice of Sale is JDG Investments, Inc. The terms of sale are that the property will be sold for cash to the highest bidder and a cash deposit (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale. Any successful bidder shall be required to tender the full balance purchase price at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should the successful bidder fail to pay the full balance purchase price at that time, he shall remain liable on his bid as provided for in N.C.G.S. §45-21.30 (d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid. The Substitute Trustee may in his discretion, subject to the provisions of N.C.G.S. §45-21.8 and §45-21.9, sell the property as a whole or in separate lots as described in the Deed of Trust, or by each method to determine the highest price. This property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the note secured by the Deed of Trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Substitute Trustee or other holder of the note make any representation of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to any unpaid taxes, special assessments, restrictions and easements of record, prior liens, any transfer taxes associated with the foreclosure, and prior liens or encumbrances of record, any recorded releases, any tax required to be paid pursuant to N.C.G.S. §7A-308(a)(1), and the sale will be further subject to the right, if any, of the United States of America to redeem the property for a period of 120 days following the confirmation of the sale. The sale will be held open for ten (10) days for upset bids as required by law. If the Substitute Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice to Tenants, Occupants, and Parties in Possession Where the Property is residential real property with less than 15 rental units: Subject to applicable notice requirements, an order for possession of the Property may be issued pursuant to North Carolina General Statutes Section 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. If an order for possession is issued, you may be required to vacate the Property. 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 ten (10) days written notice to the landlord. Upon such termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection. IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO A STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY. This 29th day of April, 2013. RUSSLAW, LLC, Substitute Trustee Lucy T. Brewer, Esq., Manager 2235 Gateway Access Point, Suite 201 Raleigh, North Carolina 27607 (919) 645-4300 EXHIBIT A PROPERTY DESCRIPTION Tract 1 Beginning at a stake and pine pointers, runs thence north 17° 30' west 1100 feet to a stake; runs thence south 87° 15' east 2291 feet to a large ash and pointer on White Oak Creek; runs thence down said creek in a southerly direction to the mouth of a branch; runs thence up said branch in a southerly direction and then in a westerly direction to a stake, the POINT AND PLACE OF BEGINNING, and containing 54-4/10 acres according to map and survey made by Ernest L. Culbreth, Engineer, April 26, 1951; being the same tract of land conveyed to Gus Hinton by deed recorded in Book 25, Page 44, Johnston County Registry, and the same tract conveyed to N. V. Stephenson by deed recorded in Book 431, Page 338, Johnston County Registry. Tract 2 Being all of a 44.62 acre tract, more or less, according to survey entitled “Property of D. H. Buffaloe and Tessie Bell”, recorded in Book of Maps 1979, Page 1056, Wake County Registry. Tract 3 Being all of the 16.16 acre tract as shown on plat entitled, “Boundary Survey for Lacey Buffaloe, situated in St. Mary's Township, Wake County, NC and Cleveland Township, Johnston County, NC”, dated July 23, 1997 and recorded in Book of Maps 1997, Page 1433, Wake County Registry and recorded in Book of Maps 50, Page 257, Johnston County Registry. Tract 4 Being all of Lot 1 containing 13.41 acres, more or less; Lot 2 containing 7.43 acres, more or less; Lot 3 containing 1.666 acres, more or less; Lot 4 containing 1.666 acres, more or less; Lot 5 containing 1.666 acres, more or less; Lot 6 containing 1.943 acres, more or less; Lot 8 containing 6.20 acres, more or less, as shown on survey dated 10/08/99 entitled “Court Ordered Subdivision of the Estate of Trumella Bell Jones” and prepared by Ward and Associates, PLLC, and recorded in Special Proceedings in File No. 99-SP-0771, office of the Clerk of Superior Court of Wake County. The above described lots were part of a special proceeding, 99-SP-0771, office of the Clerk of Superior Court of Wake County. Based upon the Second Report of Commissioners filed in the above special proceeding and recorded in Book 10622, Page 1566, Wake County Registry, and the Amended Order Confirming Second Report of the Commissioners filed in said special proceeding and recorded in Book 10622, Page 1570, Wake County Registry. The above lots were allotted as follows: Lot 1 containing 13.41 acres, more or less, to Newman A. Jiles and Thelma Jiles Lot 2 containing 7.43 acres, more or less, to Newman A. Jiles and Thelma Jiles Lot 3 containing 1.666 acres, more or less, to Dorothy M. Turner Lot 4 containing 1.666 acres, more or less, to Eddie L. Turner Lot 5 containing 1.666 acres, more or less, to Willie L. Turner Lot 6 containing 1.943 acres, more or less, to Jennie Turner Hoey Lot 8 containing 6.20 acres, more or less, to Alphonza Jones Lot 2 Restrictions: Grantee shall provide access to the .33 acre family cemetery by a 15 foot easement which shall be recorded on a plat at the time the property is developed. The heirs of Trumella Bell Jones will be allowed to continue to use the present path to the cemetery until the land is developed. LESS AND EXCEPT from the above-described Tract 1, Tract 2, Tract 3 and Tract 4, the following lots or parcels of land: BEING all of Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 24, 25, 26, 27, 28 and 29, White Oak Landing Subdivision, Phase I, as shown on a plat recorded in Book of Maps 2007, Pages 2275-2278, Wake County Registry. BEING all of Lots 30, 31, 32, 33, 34, 35, 36, 67, 68 and 69, White Oak Landing Subdivision, Phase II, as shown on a plat recorded in Book of Maps 2009, Pages 198-201, Wake County Registry. BEING all of Lots 45, 46, 49, 50 and 66, White Oak Landing Subdivision, Phase II, as shown on a plat recorded in Book of Maps 2009, Pages 198-201, Wake County Registry. The Wake Forest Weekly May 23, 30, 2013 13-SP-314 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 Divida Johnson and Derrick Johnson, dated October 1, 2007 and recorded on September 29, 2003 in Book No. 010468 at Page 02630 and modified on November 15, 2007 in Book No. 12835 at Page 2435 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 30, 2013 at 10:00 AM 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: 3153 Slippery Elm Drive, Raleigh, NC 27610. Tax Parcel ID: 0279910 Present Record Owners: Divida Johnson and Derrick Johnson. 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, 112433-01080 P1037555 5/16, 05/23/2013 The Wake Forest Weekly May 16, 23, 2013 NOTICE OF SALE NORTH CAROLINA WAKE COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 13 SP 746 IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Greenbrier Townhome Owners Association, Inc., a North Carolina Corporation against, Henry K. Kanyua Owner. Lien Dated: 06/28/2010 Recorded as 10M 5498 in the Office of the Clerk of Superior Court. Under and by virtue of the power and authority contained in the Declaration of Covenants, Conditions, Restrictions, Easements, Charges and Liens for Greenbrier Townhomes., and pursuant to the provisions of Chapters 47 of the North Carolina General Statutes, and because of default in the payment of certain assessments secured by a Claim of Lien dated 06/28/2010 and recorded as 10 M 5498 and pursuant to the Order of the Clerk of Superior Court for WAKE County, North Carolina, entered in this foreclosure proceeding, the undersigned Tina Frazier Pace, Commissioner, will expose for sale at public auction on the 30th dat of May, 2013 at 1:00 p.m., at the usual and customary place for such sales at the WAKE County Courthouse, the following described real property (including the house and any other improvements thereon): BEING all of Lot 157, Greenbrier Townhomes, as shown on a map recorded in Book of Maps 2007, at Pages 1189-1194 (1192), Wake County Registry, to which reference is made hereby for a more particular description of same Commonly known as: 6709 Morgantown Street, Raleigh, NC 27616 The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner of the above-described real property as reflected on the records of the WAKE County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Henry K. Kanyua. Pursuant to North Carolina General Statute §45-21.l0(b), any successful bidder may be required to deposit with the Commissioner immediately upon conclusion of the sale, a cash deposit of five (5%) of the amount of the bid, or the sum of Seven Hundred Fifty Dollars ($750.00), whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statute §§45-21.30(d) and (e). Pursuant to N.C.G.S. 45-21.l6A(b), you are hereby notified that an order for possession of the property may be issued pursuant to N.C.G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court. Furthermore, any person who is occupying the property pursuant to a rental agreement entered into or renewed on or after October 1,2007, may, after receiving this Notice of Sale, terminate the rental agreement upon ten (10) days written notice to the landlord. Upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. This sale will be held open ten (10) days for upset bids as required by law. This the 6 day of May, 2013. Tina Frazier Pace Commissioner HATCH, LITTLE & BUNN, LLP 327 Hillsborough Street P.O. Box 527 Raleigh, North Carolina 27602 Telephone: (919)856-3940 The Wake Forest Weekly March 16, 23, 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 12-SP-5611 In the Matter of the Foreclosure of the Deed of Trust Securing Future Advances executed by New Hope Christian Church, Grantor, to CB Trustee, LLC, Original Trustee, As recorded in Book 13246, Page 934 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 15014, Page 921 of the Wake County Public Registry. Pursuant to the power and authority contained in the Deed of Trust Securing Future Advances from New Hope Christian Church to CB Trustee, LLC (the “Original Trustee”) for the benefit of Antioch Partners, LLC recorded in Book 13246, Page 934 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 as follows, together with all rights, privileges and appurtenances thereto (the “Property”): BEING all of Lot 2128, containing 0.24 Acres (10,506 Square Feet), as shown on plat entitled “Recombination Plat of Lots 21 and 28, Block 1 to New Lot 2128”, dated September 11, 2006, prepared by BSC Rice and recorded in Book of Maps 2006, Page 1985, Wake County Registry. 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 New Hope Christian Church. 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 30, 2013 HOUR OF SALE: 10:00 a.m. PLACE OF SALE: Wake County Courthouse This the 9th day of May, 2013. Louis E. Wooten, III, Substitute Trustee The Wooten Law Firm 3737 Glenwood Avenue, Suite 100 Raleigh, North Carolina 27612 Telephone: (919)-573-6118 The Wake Forest Weekly May 16, 23, 2013 12-SP-4203 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 Ronnie L. Harris and Tammie L. Harris, dated August 1, 2005 and recorded on August 2, 2005 in Book No. 011506 at Page 01123 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 30, 2013 at 10:00 AM 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: 4308 Dinwiddie Court, Raleigh, NC 27604. Tax Parcel ID: 1725838166 Present Record Owners: Ronnie L. Harris and Tammie L. Harris. 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, 113217-03900 P1036290 5/16, 05/23/2013 The Wake Forest Weekly May 16, 23, 2013 12-SP-3703 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 Denis M. O'Connor a/k/a Denis Martin O'Connor, dated August 19, 2002 and recorded on August 23, 2002 in Book No. 009557 at Page 02302 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 30, 2013 at 10:00 AM 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: 5739 Corbon Crest Lane, Raleigh, NC 27612. Tax Parcel ID: 0280043 Present Record Owners: Denis M. O'Connor a/k/a Denis Martin O'Connor. 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, 113217-03657 P1036289 5/16, 05/23/2013 The Wake Forest Weekly May 16, 23, 2013 11-SP-5906 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 Jereline McNair, dated April 11, 2007 and recorded on April 17, 2007 in Book No. 012501 at Page 01466 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 30, 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: 2910 Poole Road, Raleigh, NC 27610. Tax Parcel ID: 0041542 Present Record Owners: Jereline McNair. 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, 113081-01351 P1033212 5/16, 05/23/2013 The Wake Forest Weekly May 16, 23, 2013 |
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