Wake Co. Notices
NOTICE OF PUBLIC
HEARING FOR
CONTIGUOUS ANNEXATION
The public will take notice that the Board of Commissioners of the Town of Wake Forest will hold a public hearing at 7:00 p.m. on the 20th day of November 2012 in the Board Room at Town Hall on the question of a contiguous annexation request petitioned by Sam Watkins Jr. & Samuel M. Watkins III c/o Ruin Creek Investment LLC for the property located at 1009 Durham Road comprising 2.917 acres being Wake County Tax Pin No. 1831-40-0462.
Legal Description:
BEGINNING at a point located on the South side of NC Hwy 98, said point being located S 04° 54’ W 76.12’ from the intersection of Wake Union Church Road and NC Hwy 98, thence along the Southern right-of-way of NC Hwy 98 N 67° 46’ 00” E 254.89’, thence leaving said right-of-way S 22° 11’ 31” E 123.12’ to a point, thence N 67° 48’ 29” E 21.25’ to a point, thence S 34° 28’ 02” E 126.73’ to a point, thence N 55° 31’ 58” E 135.65’ to a point thence S 34° 16’ 01” E 147.36 to a point, said point being the corner of Crenshaw Hall Plantation, thence with the line of Crenshaw Hall Plantation S 67° 33’ 21” W 422.91’ to a point, thence N 36° 04’ 41” W 25.81’ to a point, thence S 67° 33’ 57” W 13.01’ to a point, thence N 36° 08’ 57” W 349.26’ to the point and place of beginning containing 2.917 acres, and designated as Lot 2, on a survey prepared by Cawthorne, Moss & Panciera, PC, dated October 28, 2009 and recorded in Book of Maps 2009, Page 1342 in the Wake County Register of Deeds Office.
Deeda Harris
Town Clerk
The Wake Forest Weekly
Nov. 8, 15, 2012
RESOLUTION 2012-92
RESOLUTION DECLARING THE INTENT OF THE BOARD OF
COMMISSIONERS OF THE TOWN OF WAKE FOREST,
NORTH CAROLINA TO
CONSIDER CLOSING
A PORTION OF
LIGON MILL ROAD.
WHEREAS, G.S. 160A-299 authorizes the Board of Commissioners of the Town of Wake Forest, North Carolina to close public streets & alleys; and
WHEREAS, the Board of Commissioners of the Town of Wake Forest, North Carolina considers it advisable to conduct a public hearing for the purpose of giving consideration to the closing of a portion of Ligon Mill Road.
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Wake Forest, North Carolina, meeting in regular session that:
A meeting shall be held at 7:00 PM on the 20th day of November 2012, in the Wake Forest Town Hall to consider a resolution closing a portion of Ligon Mill Road;
The Town Clerk is hereby directed to publish this resolution on intent once a week for four (4) successive weeks.
The Town Clerk is further directed to transmit by registered or certified mail to each owner of property abutting that portion of said street a copy of this resolution of intent.
The Town Clerk is further directed to cause adequate notices of this resolution of intent and the scheduled public hearing to be posted as required by G.S. 106A-299.
This the 18th day of September 2012.
Deeda Harris,
Town Clerk
The Wake Forest Weekly
Oct. 25, 2012
Nov. 1, 8, 15, 2012
Notice to Creditors
All persons, firms or corporations having claims against Ernest A. Jansch, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before February 16, 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 November, 2012.
Nancy E. Wills, Executor
1422 Park Drive
Raleigh, NC 27605
The Wake Forest Weekly
Nov. 15, 22, 29, 2012
Dec. 6, 2012
Notice to Creditors
All persons, firms or corporations having claims against Robert Outlaw, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before February 16, 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 November, 2012.
Sara N. Powell
Executrix
9701 Fonville Road
Wake Forest, NC 27587
The Wake Forest Weekly
Nov. 15, 22, 29, 2012
Dec. 6, 2012
Notice to Creditors
All persons, firms or corporations having claims against Franklin Durward Creech, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before February 9, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 8th day of November, 2012.
Durward Jennings Creech
Administrator
1059 Gordon Moore Road
Franklinton, NC 27525
The Wake Forest Weekly
Nov. 8, 15, 22, 29, 2012
NOTICE TO CREDITORS
The undersigned, having qualified as Executor of the Estate of JANICE UPCHURCH SMITH MALONEY, 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 9th day of February, 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 8th day of November, 2012.
Sherrie Storie,
Executor
8100 Last Oak Court
Raleigh, NC 27613
The Wake Forest Weekly
Nov. 8, 15, 22, 29, 2012
Notice to Creditors
All persons, firms or corporations having claims against Ava C. Reaves, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before February 9, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 8th day of November, 2012.
Kenneth L. Culbreth,
Co-Executor
3223 Sussex Road
Raleigh, NC 27607
Carson Douglas Culbreth,
Co-Executor
9309 Hometown Road
Raleigh, NC 27615
The Wake Forest Weekly
Nov. 8, 15, 22, 29, 2012
Notice to Creditors
All persons, firms or corporations having claims against Mary Eleanor Shafer Reilly, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before February 9, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 8th day of November, 2012.
Ellen M. Reilly Harris, Executor
c/o W.G. Alexander &
Associates, PLLC
3717 Benson Drive
Raleigh, NC 27609
The Wake Forest Weekly
Nov. 8, 15, 22, 29, 2012
Notice to Creditors
All persons, firms or corporations having claims against Martha D. Stephens, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before February 9, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 8th day of November, 2012.
Janice Stephens, Executor
123 Duncansby Court
Cary, NC 27511
c/o John D. Love, Attorney
Jordan Price Wall Gray
Jones and Carlton, PLLC
1951 Clark Ave.
Raleigh, NC 27605
The Wake Forest Weekly
Nov. 8, 15, 22, 29, 2012
Notice to Creditors
All persons, firms or corporations having claims against Roy Warren Mitchell, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before February 2, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 1st day of November, 2012.
Janelle Mitchell Medlin
621 Stallings Road
Zebulon, NC 27597
The Wake Forest Weekly
Nov. 1, 8, 15, 22, 2012
Notice to Creditors
All persons, firms or corporations having claims against David Barnette Cox, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before January 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 October, 2012.
Administrator
12217 Breton Lane
Raleigh, NC 27613
The Wake Forest Weekly
Oct. 25, 2012
Nov. 1, 8, 15, 2012
Notice to Creditors
All persons, firms or corporations having claims against Russell Ingram, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before January 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 October, 2012.
Ramsay Ingram
Administrator
6401 Woodshed Circle
Charlotte, NC 28270
The Wake Forest Weekly
Oct. 25, 2012
Nov. 1, 8, 15, 2012
Notice to Creditors
All persons, firms or corporations having claims against Jerry M. Ward, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before January 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 October, 2012.
Linda M. Ward, Executrix
136 Yorkchester Way
Raleigh, NC 27615
The Wake Forest Weekly
Oct. 25, 2012
Nov. 1, 8, 15, 2012
Forfeiture
DEPARTMENT OF HOMELAND SECURITY, OFFICE OF FINES, PENALTIES, AND FORFEITURES, U.S. CUSTOMS AND BORDER PROTECTION, CHARLOTTE, NC, NOVEMBER 15, 2012. Notice is hereby given that the following property was seized at Raleigh Durham International Airport, North Carolina on September 4, 2012, under the provisions of title 31, United States Code, section 5316, for violation of title 31, United States Code, section 5316 and title 31 United States Code, section 5324(c) and title 31, United States Code, section 5332: $14,450.00 U.S. Currency. Anyone asserting an interest and claim to the property must file, within twenty (20) days from the date of first publication of this notice, a claim with the Fines, Penalties, and Forfeitures Officer, Customs and Border Protection, 1901 Cross Beam Drive, Charlotte, N.C., 28217, in default of which the seized property will be forfeited as prescribed by law. Barry R. Small, FP&F Officer
The Wake Forest Weekly
Nov. 15, 22, 29, 2012
NOTICE OF PUBLIC SALE
At the following location:
2845 U.S. Highway One, Franklinton, NC 27525
Unit B178 - Sylvia Hillard
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, November 24, 2012 at the Gatekeeper locations listed above.
The Wake Forest Weekly
Nov. 15, 22, 2012
SERVICE OF PROCESS BY
PUBLICATION AND
NOTICE OF HEARING
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
DISTRICT COURT DIVISION
File # 12 JA 268
In the Matter of: T.W. d.o.b. 1/10/11
TO: Rachael Sharky, mother of a child born on 1/10/11
Christopher Webster, father of a child born to Rachael Sharky on 1/10/11;
and John Doe, father of a child born to Rachael Sharky on 1/10/11
A petition has been filed alleging that the juvenile named above is neglected and dependent.
NOTICE OF RIGHT TO A LAWYER: You have the right to be represented by a lawyer at all stages of the proceeding, and if you are indigent, an attorney will be appointed to represent you. Kathleen Putiri has been provisionally appointed to represent Rachael Sharky Please contact her at 919-609-3576. Sydney Batch has been provisionally appointed to represent Christopher Webster. Please contact her at 919-870-0466.
NOTICE OF HEARING: A non-secure custody order has been entered and the juvenile has been placed in the temporary custody of Wake County Human Services. You are SUMMONED to appear on December 19, 2012, at 9:00 am, Courtroom 4C, 4th Floor, Wake County Courthouse, Raleigh, NC, for a hearing on the allegations of neglect.
IMPORTANT NOTICE: If the court determines at the hearing that the allegations in the petition are true, the court will conduct a dispositional hearing to consider the needs of the juvenile and enter an order designed to meet those needs and the objectives of the state. The dispositional order, or a subsequent order, may: remove the juvenile from the custody of the parents; order the parents to pay child support; place legal custody of the juvenile with a parent under certain conditions; require the juvenile and/or the parents to receive medical, psychiatric, psychological or other treatment; order the parents to pay for treatment for the juvenile which is ordered; and upon proper notice and hearing and a finding based on the criteria set out in N.C.G.S. §7B-1111, terminate the parental rights of the parents.
This the 15th day of November, 2012.
WAKE COUNTY
ATTORNEY’S OFFICE
Lucy Chavis, Asst. Wake Co. Atty
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
(919) 856-5500
The Wake Forest Weekly
Nov. 15, 22, 29, 2012
SERVICE OF PROCESS BY
PUBLICATION AND
NOTICE OF HEARING
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
DISTRICT COURT DIVISION
File # 12 JA 292
In the Matter of: N.N.L, dob 10/14/2011
TO: Natasia Liles, mother of a child born on 10/14/2011
Emmanual Hinton, father of a child born to Natasia Liles on 10/14/2011; and John Doe, father of a child born to Natasia Liles on 10/14/2011
A petition has been filed alleging that the juvenile named above is neglected.
NOTICE OF RIGHT TO A LAWYER: You have the right to be represented by a lawyer at all stages of the proceeding, and if you are indigent, an attorney will be appointed to represent you. Jamica Liles, please contact James Hunt, PO Box 808, Raleigh, NC 27602, (919) 752-6911. The father of the child should contact Shannon Poore, 107 Fayetteville St., Ste. 100, Raleigh, NC 27601, (919) 870-0466.
NOTICE OF HEARING: A non-secure custody order has been entered and the juvenile has been placed in the temporary custody of Wake County Human Services. You are SUMMONED to appear on January 2, 2013 at 9:00 a.m., Courtroom 4C, 4th Floor, Wake County Courthouse, Raleigh, NC, for a hearing on the allegations of neglect.
IMPORTANT NOTICE: If the court determines at the hearing that the allegations in the petition are true, the court will conduct a dispositional hearing to consider the needs of the juvenile and enter an order designed to meet those needs and the objectives of the state. The dispositional order, or a subsequent order, may: remove the juvenile from the custody of the parents; order the parents to pay child support; place legal custody of the juvenile with a parent under certain conditions; require the juvenile and/or the parents to receive medical, psychiatric, psychological or other treatment; order the parents to pay for treatment for the juvenile which is ordered; and upon proper notice and hearing and a finding based on the criteria set out in N.C.G.S. §7B-1111, terminate the parental rights of the parents.
This the 15th day of November, 2012.
WAKE COUNTY
ATTORNEY’S OFFICE
Suzanne Padgett,
Asst. Wake Co. Atty
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
(919) 856-5500
The Wake Forest Weekly
Nov. 15, 22, 29, 2012
NOTICE OF SERVICE OF
PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA
WAKE COUNTY
In the General
Court of Justice,
District Court Division
12 CVD 9431
Builder’s Mutual Insurance Company,
Plaintiff,
Christina Rodriguez and Hugo F. Gonzalez,
Defendants
To: Christina Rodriguez and Hugo F. Gonzalez
Take notice that a pleading seeking relief against you has been filed in above-entitled action. The nature of the relief being sought is as follows: Money damages for breach of contract and unjust enrichment arising out of unpaid insurance premiums. You are required to make defense to such pleading no later than December 18, 2012 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This the 8th day of November, 2012.
Theresa S. Dew,
N.C. State Bar No. 29449
STUART LAW FIRM, PLLC
1033 Wade Avenue, Suite 202
Raleigh, NC 27605-1155
The Wake Forest Weekly
Nov. 8, 15, 22, 2012
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 341
In Re: T.C.L., d.o.b. 12/28/2011
To: “Anecito”, father of a child born to Shanna Lyles on 12/28/2011
John Doe, father of a child born to Shanna Lyles on 12/28/2011
Shanna Lyles mother of a child born on 12/28/2011
TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action in Wake County, North Carolina. 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 40 days from the first publication of this notice. If you fail to answer this petition, your parental rights will be terminated.
You are entitled to attend any hearing affecting you rights. You are entitled to have counsel appointed by the Court if you cannot afford one. If you are represented by a lawyer appointed previously in an abuse, neglect or dependency case, that lawyer will continue to represent you unless the Court orders otherwise. If you are not represented by a lawyer and want a court appointed lawyer, you are encouraged to contact immediately the following lawyer who has been appointed to represent you: (Shanna Lyles): Ann Paradis, 19 W. Hargett St., Ste 406, Raleigh, NC 27601; telephone: 919-928-4008. Anecito and John Doe: contact the Wake County Family Court Office at 919-792-4875. At the first hearing, the Court will determine whether you qualify for a court-appointed lawyer. If you do not qualify, the lawyer named above will be released. A hearing on the Petition to Terminate Parental Rights will be held on December 19, 2012, at 2:00 p.m. in Courtroom 4C of the Wake County Courthouse, Raleigh, NC.
This the 1st day of November, 2012.
Julia B. Southwick
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
(919) 856-5500
The Wake Forest Weekly
Nov. 1, 8, 15, 2012
Notice of Service of
Process by Publication.
North Carolina, Wake County.
In the General
Court of Justice,
Civil District Court,
12CVD14346,
Vicente Gonzalez, Plaintiff, vs. Angela Baker, Defendant.
To: Angela Baker.
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
Nov. 1, 8, 15, 2012
NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
11 SP 2497
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Walden Woods Condominium Association, a North Carolina Corporation against,
Elsie Martin and Lewellyn Martin, Sr.
Owners.
Lien Dated: 04/08/2011
Recorded as 11M 2491 in the Office ofthe Clerk of Superior Court.
Under and by virtue of the power and authority contained in the Declaration of Unit Ownership Under Chapters 47A N.C.G.S. for Walden Woods Condominium, and pursuant to the provisions of Chapters 47 ofthe North Carolina General Statutes, and because of default in the payment of certain assessments secured by a Claim of Lien dated 04/08/2011 and recorded as 11 M 2491 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 29th day of November, 2012 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 improvementsthereon):
Unit C in Building No. 116, Walden Woods Condominium located in the City of Raleigh, Wake County, North Carolina, as designated and described in the declaration of Unit Ownership under the provisions Chapter 47A of the North Carolina General Statutes, ‘The Declaration’ dated September 13, 1973, recorded in Book 2202, Page 321 of said registry; the Second Amendment to said declaration dated February 12, 1974, recorded in Book 2225, Page 182, of said registry; the Third Amendment to said declaration dated August 16, 1974, recorded in Book 2267, Page 29 of said registry; the Fourth Amendment to said declaration dated November 25, 1975, recorded in Book 2368, Page 393 of said registry; the Fifth Amendment to said declaration dated December 30, 1975, recorded in Book 2369, Page 144, of said registry; the Sixth Amendment to said declaration dated May 5, 1976, recorded in Book 2418, Page 53, of said registry; the Seventh Amendment to said declaration dated January 12, 1977, recorded in Book 2467, Page 691, of said registry (see condominium plan file, Condominium No.3, Wake County Registry for plans). Together with a .6772 percent undivided interest in the limited and general common percentage shall automatically change in accordance with amended declarations as the same are filed of record, pursuant to the provisions of said declaration and together with additional common areas as such amended declarations are filed of record. In the percentages set forth in such amended declarations, which percentages shall automatically be deemed to be conveyed effective on the recording of each such amended declaration as though conveyed hereby. The land upon which the building and improvements are located is situated in the City of Raleigh, Wake County, North Carolina and is fully described in the declaration. The declaration being incorporated herein by reference
Commonly known as: 4717 Walden Pond Drive, Apt. C, Raleigh, NC 27604-9003
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owners 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 Elsie Martin and Lewellyn Martin, Sr..
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 ofthe 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 ofthe rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date ofthe termination.
This sale will be held open ten (10) days for upset bids as required by law.
This the 25 day of October, 2012.
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
Nov. 15, 22, 2012
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
11 SP 4241
In the Matter of Foreclosure of a certain Claim of Lien claimed against Travis T. Jones and Samelia A. Robinson dated July 15, 2010, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 10M5998,
Hope Derby Carmichael, Commissioner for Riverbrooke Homeowners Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Riverbrooke Homeowners Association, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 7671, Page 69, and as supplemented and amended, and because of default in the failure of Travis T. Jones and Samelia A. Robinson to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 4104 Viewmont Drive, Raleigh, NC 27610 and pursuant to Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on November 26, 2012 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 4104 Viewmont Drive, Raleigh, NC 27610, WAKE County, North Carolina, and more particularly described as all of Being all of Lot 155 Riverbrooke Phase 3 , as shown on the map recorded in Book of Maps 2000, Page 32, WAKE County Registry.
The sale shall be made subject to all prior liens, restrictions and easements of record, as well as unpaid taxes 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 Travis T. Jones and Samelia A. Robinson. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Commissioner for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by certified check at the time the Commissioner tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
This the 1st day of November, 2012.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for Riverbrooke
Homeowners Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
Nov. 15, 22, 2012
17253 12-SP-49 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 Kimis A. Porietis aka Kimis Porietis, dated August 8, 2008 and recorded on August 14, 2008 in Book No. 013212, at Page 02652, 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 November 29, 2012 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Cary, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 209 Chimney Rise Drive, Cary, NC 27511. Tax Parcel ID: 0157126 Present Record Owners: Kimis A. Porietis aka Kimis Porietis; Neiza Soliz. 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 a third party is the high bidder at the time of sale confirmation, the third party will have fifteen (15) days following the sale confirmation to remit the balance of his/her bid to the Trustee. In the sole discretion of the Trustee, an extension may be granted, but in that instance, if required by the noteholder or loan servicer, the bidder shall be required to pay per diem interest at the current rate on the note secured by the deed of trust described herein until the day he/she remits the balance of his/her bid to the Trustee. 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 it’s 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. Tamara R. Cornish, Substitute Trustee 16501 Northcross Drive Suite D, Huntersville, NC 28078 (704)897-3061, 1001287 11/15, 11/22/2012
The Wake Forest Weekly
Nov. 15, 22, 2012
AMENDED NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 2945
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Shiloh Grove Community Association, Inc., a North Carolina Corporation against, Luciana G. Nielson
Owner.
Lien Dated: 09/14/2010 Recorded as 10 M 7747 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 and Restrictions for Shiloh Grove, 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 09/14/2010 and recorded as 10 M 7747 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 29th day of November, 2012 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 56, Shiloh Grove, Phase 2 as shown on map entitled ‘Right of Way Dedication & Townhome Plat Shiloh Grove Phase 2’ Morrisville, Cedar Fork Township, Wake County, NC prepared by Bass, Nixon & Kennedy, Inc., Consulting Engineers and recorded 4/28/08 in Book of Maps 2008, Page(s) 831-839, Wake County Registry, and Recombination Plat for Shiloh Grove Phase 2 recorded 11/12/08 in Book of Maps 2008, Page(s) 2134-2136, Wake County Registry, to which plat is hereby referenced for a more complete description of same
Commonly known as: 1713 Grace Point Road, Morrisville, NC 27560
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 Luciana G. Nielson.
Pursuant to North Carolina General Statute §45-21.1O(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. 45-21.16A(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 23 day of October, 2012.
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
Nov. 15, 22, 2012
NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 3255
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Valley Stream of Raleigh Homeowners Association, Inc., a North Carolina Corporation against,
Igsa M. Lopez and Santos R. Lopez
Owners.
Lien Dated: 08/12/2009
Recorded as 09 M 6867 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 and Restrictions for the Valley Stream Subdivision., 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 08/12/2009 and recorded as 09 M 6867 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 29th day of November, 2012 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 58, Phase 2, The Park at Valley Stream Subdivision, as shown on a map recorded in Book of Maps 2002, Page 1632, Wake County Registry
Commonly known as: 4817 Tommans Trail, Raleigh, NC 27616-0760
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owners 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 Igsa M. Lopez and Santos R. Lopez.
Pursuant to North Carolina General Statute §45-21.10(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. 45-21.16A(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 1 day of November, 2012.
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
Nov. 15, 22, 2012
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 3454
In the Matter of Foreclosure of a certain Claim of Lien claimed against James Ransom Keeter and Rebecca Erin Keeter dated May 10, 2012, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 12M2795,
Hope Derby Carmichael, Commissioner for Mill Ridge Condominium Owners Assoc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Mill Ridge Condominium Owners Assoc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Book: 3146, Page: 485, and as supplemented and amended, and because of default in the failure of James Ransom Keeter and Rebecca Erin Keeter to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 3619 Mill Run, Raleigh, NC 27612 and pursuant to Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on November 26, 2012 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 3619 Mill Run, Raleigh, NC 27612, WAKE County, North Carolina, and more particularly described as see attached exhibit “A”.
The sale shall be made subject to all prior liens, restrictions and easements of record, as well as unpaid taxes 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 James Ransom Keeter and Rebecca Erin Keeter. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Commissioner for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by certified check at the time the Commissioner tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
This the 1st day of November, 2012.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for Mill Ridge
Condominium Owners Assoc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
Exhibit A
Being all of Unit 2 of Mill Ridge as the same is described in declarations recorded in Book 3267, Page 223 and Condominium file number 53, Wake County Registry; together with the fixtures, rights, common areas and common element, etc., declared to be appurtenant to such unit.
The Wake Forest Weekly
Nov. 15, 22, 2012
3900 12-SP-2633 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 Anthony G. Tidwell and Ava Tidwell, dated July 1, 2005 and recorded on July 5, 2005 in Book No. 011452, at Page 02705, 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 November 29, 2012 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: 4409 Wood Valley Drive, Raleigh, NC 27613. Tax Parcel ID: 151647 Present Record Owners: Anthony G. Tidwell; Ava Tidwell. 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 a third party is the high bidder at the time of sale confirmation, the third party will have fifteen (15) days following the sale confirmation to remit the balance of his/her bid to the Trustee. In the sole discretion of the Trustee, an extension may be granted, but in that instance, if required by the noteholder or loan servicer, the bidder shall be required to pay per diem interest at the current rate on the note secured by the deed of trust described herein until the day he/she remits the balance of his/her bid to the Trustee. 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 it’s 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 Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 998571 11/15, 11/22/2012
The Wake Forest Weekly
Nov. 15, 22, 2012
13710 12-SP-2658 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 Carolyn Worrell King, dated November 7, 2005 and recorded on November 14, 2005 in Book No. 11682, at Page 2192, 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 November 29, 2012 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: 519 Fenwick Drive, Raleigh, NC 27603. Tax Parcel ID: 0053534 Present Record Owners: Carolyn Worrell King a/k/a Carolyn W. King. 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 a third party is the high bidder at the time of sale confirmation, the third party will have fifteen (15) days following the sale confirmation to remit the balance of his/her bid to the Trustee. In the sole discretion of the Trustee, an extension may be granted, but in that instance, if required by the noteholder or loan servicer, the bidder shall be required to pay per diem interest at the current rate on the note secured by the deed of trust described herein until the day he/she remits the balance of his/her bid to the Trustee. 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 it’s 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. Tamara R. Cornish, Substitute Trustee 16501 Northcross Drive Suite D, Huntersville, NC 28078 (704)897-3061, 999299 11/15, 11/22/2012
The Wake Forest Weekly
Nov. 15, 22, 2012
SECOND 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-2703
In the Matter of the Foreclosure of the Deed of Trust executed by Wake Forest Park, LLC,
Grantor,
to Southland Associates, Inc.,
Original Trustee,
As recorded in Book 12560, Page 311 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 14774, Page 139 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust from Wake Forest Park, LLC to Southland Associates, Inc. (the “Original Trustee”) for the benefit of SunTrust Bank recorded in Book 12560, Page 311 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 Unit F (located at 500-06 Wait Avenue, Wake Forest, NC), of Park Townes Condominium as reflected in Condominium File Nos. CM2002-315A1 et seq., 315B1 et seq. and 315C1 et seq., Wake County Registry, and as referred to in the Declaration of Condominium recorded in Book 9735, Page 2293, re-recorded in Book 9914, Page 1507, both Wake County Registry, TOGETHER WITH all easements and rights appurtenant thereto and Exhibits annexed and attached thereto and TOGETHER WITH the percentage of undivided interest in the common areas and facilities as described in said Declaration allotted to each of the above-described Units.
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 Wake Forest Park, LLC.
*THIS NOTICE OF SALE IS BEING FILED, POSTED AND PUBLISHED PURSUANT TO NCGS §45-21.21(d) AS THE DATE OF THE SALE ISMORE 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 ten percent (10%) of the amount bid or One Thousand Dollars ($1,000.00). 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.
NOTICE TO TENANTS
If you are a tenant of the Real Property, please read the following carefully. Your legal rights may be affected.
The street address of the Real Property being sold is:
500 Wait Avenue, Unit 6, Wake Forest, North Carolina 27587
Pursuant to North Carolina General Statute Section 45-21.16A, you are hereby given notice that an order for possession of the Real 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 in the county in which the Real Property is sold. If an order for possession is issued, you may be required to vacate the Real Property.
Any person who occupies the Real 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 10 days’ written notice to the landlord. Upon termination of a rental agreement under this provision, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
DATE OF SALE: November 29, 2012
HOUR OF SALE: 10:15 a.m.
PLACE OF SALE: Wake County Courthouse
This the 1st day of November, 2012.
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
Nov. 15, 22, 2012
SECOND 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-2704
In the Matter of the Foreclosure of the Deed of Trust executed by Wake Forest Park, LLC,
Grantor,
to Southland Associates, Inc.,
Original Trustee,
As recorded in Book 11371, Page 80 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 14774, Page 142 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust from Wake Forest Park, LLC to Southland Associates, Inc. (the “Original Trustee”) for the benefit of SunTrust Bank recorded in Book 11371, Page 80 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 Unit B (located at 500-02 Wait Avenue, Wake Forest, NC), Unit C (located at 500-03 Wait Avenue, Wake Forest, NC), Unit D (located at 500-04 Wait Avenue, Wake Forest, NC), Unit E (located at 500-05 Wait Avenue, Wake Forest, NC), Unit G (located at 500-07 Wait Avenue, Wake Forest, NC), Unit H (located at 500-08 Wait Avenue, Wake Forest, NC) and Unit I (located at 500-09 Wait Avenue, Wake Forest, NC) of Park Townes Condominium recorded in Condominium File Nos. CM2002-315A1 et seq., 315B1 et seq. and 315C1 et seq., Wake County Registry, and Declaration of Condominium recorded in Book 9735, Page 2293, re-recorded in Book 9914, Page 1507, both Wake County Registry, TOGETHER WITH all easements and rights appurtenant thereto and Exhibits annexed and attached thereto and TOGETHER WITH the percentage of undivided interest in the common areas and facilities as described in said Declaration allotted to each of the above-described Units.
*THIS NOTICE OF SALE IS BEING FILED, POSTED AND PUBLISHED PURSUANT TO NCGS §45-21.21(d) AS THE DATE OF THE SALE ISMORE THAN 90 DAYS AFTER THE ORIGINAL DATE OF SALE.
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 Wake Forest Park, LLC.
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 ten percent (10%) of the amount bid or One Thousand Dollars ($1,000.00). 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.
NOTICE TO TENANTS
If you are a tenant of the Real Property, please read the following carefully. Your legal rights may be affected.
The street address of the Real Property being sold is:
500 Wait Avenue, Units 2, 3, 4, 5, 7, 8 and 9, Wake Forest, North Carolina 27587
Pursuant to North Carolina General Statute Section 45-21.16A, you are hereby given notice that an order for possession of the Real 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 in the county in which the Real Property is sold. If an order for possession is issued, you may be required to vacate the Real Property.
Any person who occupies the Real 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 10 days’ written notice to the landlord. Upon termination of a rental agreement under this provision, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
DATE OF SALE: November 30, 2012
HOUR OF SALE: 10:15 a.m.
PLACE OF SALE: Wake County Courthouse
This the 1st day of November, 2012.
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
Nov. 15, 22, 2012
16710 12-SP-2981 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 Renee Lorraine Rundenza, dated November 15, 2006 and recorded on November 15, 2006 in Book No. 012265, at Page 02321, 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 November 29, 2012 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Cary, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 118 Ripley Court, Cary, NC 27513. Tax Parcel ID: 0753268779 Present Record Owners: Renee Lorraine Rundenza. 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 a third party is the high bidder at the time of sale confirmation, the third party will have fifteen (15) days following the sale confirmation to remit the balance of his/her bid to the Trustee. In the sole discretion of the Trustee, an extension may be granted, but in that instance, if required by the noteholder or loan servicer, the bidder shall be required to pay per diem interest at the current rate on the note secured by the deed of trust described herein until the day he/she remits the balance of his/her bid to the Trustee. 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 it’s 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 Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 1001212 11/15, 11/22/2012
The Wake Forest Weekly
Nov. 15, 22, 2012
19709 12-SP-3243 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 November 29, 2012 at 10:00AM 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; 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 a third party is the high bidder at the time of sale confirmation, the third party will have fifteen (15) days following the sale confirmation to remit the balance of his/her bid to the Trustee. In the sole discretion of the Trustee, an extension may be granted, but in that instance, if required by the noteholder or loan servicer, the bidder shall be required to pay per diem interest at the current rate on the note secured by the deed of trust described herein until the day he/she remits the balance of his/her bid to the Trustee. 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 it’s 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 Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 994724 11/15, 11/22/2012
The Wake Forest Weekly
Nov. 15, 22, 2012
21657 12-SP-3515 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 Catherine A. Wilkinson, dated February 21, 2008 and recorded on February 26, 2008 in Book No. 012970, at Page 02705, 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 November 29, 2012 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: 5837 Farmwell Rd, Raleigh, NC 27610. Tax Parcel ID: 0064579 Present Record Owners: Catherine A. Wilkinson. 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 a third party is the high bidder at the time of sale confirmation, the third party will have fifteen (15) days following the sale confirmation to remit the balance of his/her bid to the Trustee. In the sole discretion of the Trustee, an extension may be granted, but in that instance, if required by the noteholder or loan servicer, the bidder shall be required to pay per diem interest at the current rate on the note secured by the deed of trust described herein until the day he/she remits the balance of his/her bid to the Trustee. 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 it’s 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 Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 999264 11/15, 11/22/2012
The Wake Forest Weekly
Nov. 15, 22, 2012
16653 12-SP-3702 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 Angela T. Thurber, dated September 29, 2005 and recorded on October 4, 2005 in Book No. 011619, at Page 01746, 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 November 29, 2012 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: 716 Southgate Drive, Raleigh, NC 27610. Tax Parcel ID: 0275495 Present Record Owners: Angela T. Thurber a/k/a Angela Thurber. 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 a third party is the high bidder at the time of sale confirmation, the third party will have fifteen (15) days following the sale confirmation to remit the balance of his/her bid to the Trustee. In the sole discretion of the Trustee, an extension may be granted, but in that instance, if required by the noteholder or loan servicer, the bidder shall be required to pay per diem interest at the current rate on the note secured by the deed of trust described herein until the day he/she remits the balance of his/her bid to the Trustee. 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 it’s 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. Tamara R. Cornish, Substitute Trustee 16501 Northcross Drive Suite D, Huntersville, NC 28078 (704)897-3061, 1001235 11/15, 11/22/2012
The Wake Forest Weekly
Nov. 15, 22, 2012
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-4684
In the Matter of the Foreclosure of the Future Accommodation Deed of Trust, Assignment of Rents and Leases and Security Agreement executed by 2625 Appliance Court, L.L.C.,
Grantor,
to William McKinnon,
Original Trustee,
As recorded in Book 13006, Page 2639 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 14947, Page 359 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Future Accommodation Deed of Trust, Assignment of Rents and Leases and Security Agreement from 2625 Appliance Court, L.L.C. to William McKinnon (the “Original Trustee”) for the benefit of Superior Bank, FSB recorded in Book 13006, Page 2639 of the Wake County Public Registry, as amended in Book 14107, Page 543 (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 “Real Property”), and the personal property described in the Deed of Trust (the “Goods,” and together with the Real Property, 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 2625 Appliance Court, L.L.C.
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. 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: November 30, 2012
HOUR OF SALE: 10:00 a.m.
PLACE OF SALE: Wake County Courthouse
This the 8th day of November, 2012.
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
Being Lot Number 7 as shown on map entitled “Property of North/Beltline Center-Recombination Map” recorded in Book of Maps 1989, Wake County Registry, and more particularly described as follows:
Beginning at an iron pipe on the western right of way of Appliance Court, said point being the northwestern corner of Lot 8 of North Beltline Center as recorded in Map Book 1989, Page 931, Wake County Registry; running thence from the point of Beginning down the line of Lot 8 South 42-46-45 West 292.54 feet to an iron pipe on the right of way of US 1 and 64; running thence with the right of way of US 1 and 64 North 33-01-32 West 255.62 feet to an iron pipe; thence North 19-51-01 West 6.08 feet to an iron pipe found; thence along a curve to the right having a radius of 548.62 and a chord of North 12-32-01 West 133.72 feet an arc distance of 134.50 feet to an iron pipe; thence North 01-47-01 West 38.62 feet to an iron pipe the southwest corner of Lot 4 of the Robert N. Johnson Property recorded in Map Book 1987, Page 2004, Wake County Registry; thence leaving the right of way of US 1 and 64 and running with the line of Lot 4 North 83-07-21 East 323.79 feet to an iron pipe on the western right of way of Appliance Court; thence running with the right of way Appliance Court along a curve to the left having a radius of 1573.89 feet and a chord of South 09-08-24 East 124.25 feet an arc distance of 124.28 feet to a point of curvature evidenced by an iron pipe; thence along a curve to the left having a radius of 426.51 feet and a chord of South 17-48-30 East 95.11 feet an arc distance of 99.30 feet to an iron pipe the point and place of beginning containing 2.31 acres and subject to easements as shown in Map Book 1987, Page 2004 and Map Book 1989, Page 931.
The Wake Forest Weekly
Nov. 15, 22, 2012
AMENDED NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 2993
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Cary Park Property Owners Association, a North Carolina Corporation against,
Edward W. Gertz and Marypat Gertz
Owners.
Lien Dated: 01/13/2012
Recorded as 12M 336 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 and Easements for Cary Park Property Owners, 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 ofLien dated 01/13/2012 and recorded as 12 M 336 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 29th day of November, 2012 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 2, Phase SF-3 and SF-4 in Cary Park Subdivision, formerly Cary Glen, as shown on that plat recorded in Map Book 2001, Pages 586 and 587 in the Office of the Register of Deeds ofWake County
Commonly known as: 104 Morris Branch Court, Cary, NC 27519-7103
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owners of the above-described real property as reflected on the records of the WAKE County Register ofDeeds not more than ten (10) days prior to the posting of this Notice is Edward W. Gertz and Marypat Gertz.
Pursuant to North Carolina General Statute §45-2l.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. 45-21.16A(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 ofthe termination.
This sale will be held open ten (10) days for upset bids as required by law.
This the 24 day of October, 2012.
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
Nov. 15, 22, 2012
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
08 SP 5008
In the Matter of Foreclosure of a certain Claim of Lien claimed against Corey M. Tann dated July 9, 2008, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 08 M 4559,
Hope Derby Carmichael, Commissioner for New Hope Crossing Homeowner’s Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for New Hope Crossing Homeowner’s Association, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 7424, Page 842, and as supplemented and amended, and because of default in the failure of Corey M. Tann to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 4227 Standing Rock Way, Raleigh, NC 27604 and pursuant to the Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on November 16, 2012 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 4227 Standing Rock Way, Raleigh, NC 27604, WAKE County, North Carolina, and more particularly described as all of Lot 301, Phase One, New Hope Crossing Townhomes, as shown on the map recorded in Book of Maps 1997, Page 482, WAKE County Registry.
The sale shall be made subject to all prior liens, restrictions and easements of record, as well as unpaid taxes 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 Corey M. Tann. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Commissioner for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by certified check at the time the Commissioner tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
This the 22nd day of October , 2012.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for New Hope
Crossing Homeowner’s
Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
Nov. 8, 15, 2012
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
11 SP 1711
In the Matter of Foreclosure of a certain Claim of Lien claimed against Eric Vazquez and Maritza Vazquez dated July 15, 2010, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 10M6005,
Hope Derby Carmichael, Commissioner for Riverbrooke II Homeowners Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Riverbrooke II Homeowners Association, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 10888, Page 1655, and as supplemented and amended, and because of default in the failure of Eric Vazquez and Maritza Vazquez to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 3410 Tuckland Drive, Raleigh, NC 27610 and pursuant to Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on November 16, 2012 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 3410 Tuckland Drive, Raleigh, NC 27610, WAKE County, North Carolina, and more particularly described as all of Being all of Lot 103 Riverbrooke II Subdivision, as shown on the map recorded in Book of Maps 2004, Page 939, WAKE County Registry.
The sale shall be made subject to all prior liens, restrictions and easements of record, as well as unpaid taxes 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 Eric Vazquez and Maritza Vazquez. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Commissioner for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by certified check at the time the Commissioner tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
This the 22nd day of October, 2012.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for Riverbrooke II
Homeowners Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
Nov. 8, 15, 2012
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 2863
In the Matter of Foreclosure of a certain Claim of Lien claimed against LJG Properties, LLC dated April 13, 2012, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 12M2284,
Hope Derby Carmichael, Commissioner for Bedford at Falls River Master Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Bedford at Falls River Master Association, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 9366, Page 895, and as supplemented and amended, and because of default in the failure of LJG Properties, LLC to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 11215 Lofty Heights Place, Raleigh, NC 27614 and pursuant to the Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on November 16, 2012 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 11215 Lofty Heights Place, Raleigh, NC 27614, WAKE County, North Carolina, and more particularly described as all of Being all of Lot 1252 Phase 28 Bedford at Falls River, as shown on the map recorded in Book of Maps 2006, Page 470, WAKE County Registry.
The sale shall be made subject to all prior liens, restrictions and easements of record, as well as unpaid taxes 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 LJG Properties, LLC. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Commissioner for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by certified check at the time the Commissioner tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
This the 22nd day of October, 2012.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for Bedford at
Falls River Master
Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
Nov. 8, 15, 2012
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 2869
In the Matter of Foreclosure of a certain Claim of Lien claimed against James Humbert and Linda L. Moore dated March 8, 2012, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 12M1619,
Hope Derby Carmichael, Commissioner for The Lake II at Breckenridge Townhome Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for The Lake II at Breckenridge TownhomeAssociation, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 432, Page 456, and as supplemented and amended, and because of default in the failure of James Humbert and Linda L. Moore to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 102 Great Ridge Court, Morrisville, NC 27560 and pursuant to Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on November 16, 2012 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 102 Great Ridge Court, Morrisville, NC 27560, WAKE County, North Carolina, and more particularly described as all of Lot 24 The Lake II @ Breckenridge , as shown on the map recorded in Book of Maps 2003, Page 1200, WAKE County Registry.
The sale shall be made subject to all prior liens, restrictions and easements of record, as well as unpaid taxes 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 James Humbert and Linda L. Moore. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Commissioner for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by certified check at the time the Commissioner tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
This the 22nd day of October, 2012.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for The Lake II at
Breckenridge Townhome
Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
Nov. 8, 15, 21012