Wake Co. Notices
Public Forum Advertisement
PARTF Grant – Sprayground
at Taylor Street Park
The Wake Forest Parks and Recreation Department will hold a Public Forum on Wednesday, December 5, 2012 at 6:30 p.m. regarding the Parks and Recreation Trust Fund (PARTF) Grant.
PARTF provides dollar-for-dollar matching grants to local governments for parks and recreational projects to serve the public. If awarded the grant the funds will be used to build a sprayground at Taylor Street Park.
The meeting will be held at Town Hall, 301 South Brooks Street, Wake Forest NC in the Ground Floor Training Room. All interested persons are invited to attend this meeting. If you have questions or need additional information, please contact the Recreation and Parks Department at 435-9560.
Deeda Harris, Town Clerk
The Wake Forest Weekly
Nov. 29, 2012
NOTICE OF PUBLIC HEARING
CASE NO. RZ-12-10
CONSIDERATION OF A
REZONING REQUEST FILED
BY JOHNNY AND DORA
OHNSON TO REZONE
1.12 ACRES LOCATED AT
1636 WAKE DRIVE C.U. HB,
CONDITIONAL USE-HIGHWAY
BUSINESS TO R-15,
RESIDENTIAL-15 DISTRICT.
TAX PIN NUMBER:
1739-79-7830
The public will take notice that the Wake Forest Planning Board and the Board of Commissioners will hold a joint public hearing on Tuesday, December 4, 2012 at 7:30 p.m. in the Wake Forest Town Hall. The purpose of the hearing is to consider a rezoning request filed by Johnny and Dora Johnson to rezone 1.12 acres located at 1636 Wake Drive from C.U.-HB, Conditional Use-Highway Business to R-15, Residential-15 (1.12 acres), being Wake County Tax Pin Number 1739-79-7830.
Formal petitions for or against this request must be filed with the Town Clerk at least two (2) days prior to the hearing. The public and interested parties should take notice that substantial changes might be made in the advertised proposal reflecting objections, debate, and discussion at the hearing.
The Planning Board will consider the request at its regular meeting on Tuesday, December 4, 2012, at 7:30 PM and make a recommendation to the Board of Commissioners. The Board of Commissioners, at its regular meeting on Tuesday, December 18, 2012, at 7:00 PM will consider the petition and the recommendation of the Planning Board and may, in its discretion, choose to modify it.
All interested citizens are invited to attend the hearing. More detailed information about the request may be obtained from the Planning Department — located at 301 South Brooks Street, Wake Forest, NC 27587.
Deeda Harris
Town Clerk
The Wake Forest Weekly
Nov. 22, 29, 2012
Notice to Creditors
All persons, firms or corporations having claims against Martha Taylor Yeargin Appleyard, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before March 2, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 29th day of November, 2012.
Douglas Alan Appleyard
Administrator
3205 Cobblestone Court
Raleigh, NC 27607
The Wake Forest Weekly
Nov. 29, 2012
Dec. 6, 13, 20, 2012
Notice to Creditors
All persons, firms or corporations having claims against Joanne B. Campbell, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before March 2, 2013 or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 29th day of November, 2012.
Charles F. Campbell
3200 Lake Lane
Arden Hills, MN 55112
The Wake Forest Weekly
Nov. 29, 2012
Dec. 6, 13, 20, 2012
Notice to Creditors
All persons, firms or corporations having claims against Frances Taylor Katz, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before March 2, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 29th day of November, 2012.
William H. Thornton Jr.
Co-Executor
1400 Seminole Drive
Greensboro, NC 27408
James G. Thornton
Co-Executor
910 S .Peace Haven Road
Winston Salem, NC 27103
The Wake Forest Weekly
Nov. 29, 2012
Dec. 6, 13, 20, 2012
Notice to Creditors
All persons, firms or corporations having claims against Anna Maria Wilder, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before February 23, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 22nd day of November, 2012.
Maggie Alanna Wilder
Administrator CTA
2611 Ivory Run Way, Unit 103
Raleigh, NC 27603
The Wake Forest Weekly
Nov. 29, 2012
Dec. 6, 13, 20, 2012
Notice to Creditors
All persons, firms or corporations having claims against Mildred Ethel Kane, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before February 23, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 22nd day of November, 2012.
Karen Elizabeth Light, Executor
1313 Turner Farms Road
Garner, NC 27529
The Wake Forest Weekly
Nov. 22, 29, 2012
Dec. 6, 13, 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 OF LIEN SALE
TO: Sharon Carter, G311
John Martine, C195
Clarice Perry, B145
Cardinal Self Storage at 4200 Columbus Club Drive, Raleigh, NC 27604, has a possessory lien on all goods stored in your unit listed above. All items are to be sold in order to collect the amount due from you. This sale will take place at 4200 Columbus Club Drive, Raleigh, NC 27604 at 10:00 a.m. on December 7, 2012.
Cardinal Self Storage
Phone: (919)255-3699
Gerry and Maria Gedrimas,
managers
The Wake Forest Weekly
Nov. 29, 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 SERVICE OF
PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NO. 12-CVD-4983
COASTAL FEDERAL CREDIT UNION,
Plaintiff,
Vs.
ALBERT JESSE WALLACE, JR.,
Defendant.
TO: ALBERT JESSE WALLACE, JR.
TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: The Plaintiff is seeking a Judgment against you for monies owed as a result of default under the terms of an installment sale contract.
You are required to make defense to such pleading not later than January 8, 2012. Upon your failure to do so, the Plaintiff will apply to the Court for the relief sought.
This law firm is a debt collector within the meaning of the Fair Debt Collection Practices Act. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose.
This the 20th day of November, 2012.
Sarah Dalonzo-Baker
Kirschbaum, Nanney,
Keenan & Griffin, P.A.
Attorney for Plaintiff
Post Office Box 19806
Raleigh, NC 27619
(919) 848-9640
The Wake Forest Weekly
Nov. 29, 2012
Dec. 6, 13, 2012
NOTICE OF SERVICE OF
PROCESS BY PUBLICATION.
WAKE COUNTY,
NORTH CAROLINA
IN THE GENERAL
COURT OF JUSTICE,
DISTRICT COURT DIVISION,
FILE NO. 12 CVD 11445
ERIE INSURANCE COMPANY v. JONATHAN R. FAIRCLOTH
TO: Jonathan Faircloth, the above named Defendant.
Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: Monies for property damages arising out of a car accident on or about May 10, 2011 on US Highway 401 in or near Fuquay-Varina, NC. You are required to make defense to such pleading no later than January 8, 2013, said date being 40 days from the first publication of this notice; and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
William C. Messick,
Messick Law Firm,
3737 Glenwood Avenue, Suite 100,
Raleigh, NC 27612.
(919) 249-6116.
The Wake Forest Weekly
Nov. 29, 2012
Dec. 6, 13, 2012
NOTICE OF SERVICE OF
PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NO. 11-CVD-18250
COASTAL FEDERAL CREDIT UNION,
Plaintiff,
Vs.
MICHELE S. KELLY,
Defendant.
TO: MICHELE S. KELLY
TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: The Plaintiff is seeking a Judgment against you for monies owed as a result of default under the terms of an Open-End Credit Plan and Security Agreement and for a negative shares account balance constituting a breach of a Membership Account Agreement.
You are required to make defense to such pleading not later than January 1, 2013. Upon your failure to do so, the Plaintiff will apply to the Court for the relief sought.
This law firm is a debt collector within the meaning of the Fair Debt Collection Practices Act. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose.
This the 14th day of November, 2012.
Sarah Dalonzo-Baker
Kirschbaum, Nanney,
Keenan & Griffin, P.A.
Attorney for Plaintiff
Post Office Box 19806
Raleigh, NC 27619
(919) 848-9640
The Wake Forest Weekly
Nov. 22, 29, 2012
Dec. 6, 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. 12 JT 147
In Re: Z.L.C.
To: John Doe, father of a child born to Shannon Renee Clayborne on May 21, 2012
TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: termination of your parental rights in the above-named child.
You are required to make defense to such pleading not later than January 2, 2013, and upon your failure to do so the party seeking relief against you will apply to the Court for the relief herein sought.
You are entitled to attend any hearing affecting you rights. You are entitled to have counsel appointed by the Court if you are indigent. If you desire counsel, you should contact the Clerk of Court, Juvenile Division, 12th Floor, Wake County Courthouse, immediately to request counsel. This is a new case and any attorney appointed previously will not represent you in this proceeding unless ordered by the Court. A pre-trial hearing in this matter will be held on January 8, 2013, at 9:00 a.m. in Courtroom 4C of the Wake County Courthouse, Raleigh, NC.
This the 22nd 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. 22, 29, 2012
Dec. 6, 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
FORECLOSURE SALE
NORTH CAROLINA,
WAKE COUNTY
12 SP 2814
Under and by virtue of a Power of Sale contained in those certain Declaration of Covenants, Conditions and Restrictions for Landover Homeowners Association, Inc., and recorded in Book 9443, page 484 and amended in Book 10681, page 85 and Book 12079, page 434 Wake County Registry and the North Carolina General Statutes, and the necessary Finding of Fact having been made by the Assistant Clerk of Superior Court for Wake County, North Carolina on the 20th day of September, 2012, the undersigned will, on the 13th day of December, 2012 at 9:00 a.m. offer for sale to the highest bidder for cash at public auction at the Wake County Courthouse, Raleigh, North Carolina, the following described land (and any improvements thereon) located in the County of Wake, State of North Carolina and being more particularly described as follows: Being all of Lot 70, Landover Subdivision, as shown on a plat recorded in Book of Maps 2002, Page 175 and rerecorded in Map 2002, Page 175 and all of said plats being incorporated herein by reference for greater certainty of description. Third party purchasers must pay the excise tax, pursuant to N.C.G.S. 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof, and the Clerk of Courts fee in the amount of Forty-five Cents (.45) per each One Hundred Dollars ($100.00) or fractional part thereof or Five Hundred Dollars ($500.00), whichever is greater. A deposit of five percent (5%) of the bid, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the ten (10) day statutory upset bid period all remaining amounts will be immediately due and owing. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance AS IS WHERE IS. There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, special assessments, land transfer taxes, if any, and encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owner (s) of the property is Kenneth Wilkinson and Valerie Wilkinson. PLEASE TAKE NOTICE: 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. The notice shall also state that upon termination of a rental agreement, that tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Benjamin R. Kuhn
127 West Hargett Street, Suite 504
Raleigh, North Carolina 27601
919.870.9101
The Wake Forest Weekly
Nov. 29, 2012
Dec. 6, 2012
NOTICE OF
FORECLOSURE SALE
NORTH CAROLINA,
WAKE COUNTY
12 SP 2816
Under and by virtue of a Power of Sale contained in those certain Declaration of Covenants, Conditions and Restrictions for Landover Homeowners Association, Inc., and recorded in Book 9443, page 484 and amended in Book 10681, page 85 and Book 12079, page 434 Wake County Registry and the North Carolina General Statutes, and the necessary Finding of Fact having been made by the Assistant Clerk of Superior Court for Wake County, North Carolina on the 15th day of August, 2012, the undersigned will, on the 13th day of December, 2012 at 9:00 a.m. offer for sale to the highest bidder for cash at public auction at the Wake County Courthouse, Raleigh, North Carolina, the following described land (and any improvements thereon) located in the County of Wake, State of North Carolina and being more particularly described as follows: Being all of Lot 41, Land Over Town Homes as recorded on those plats entitled “Landover Town Homes, Owners, Sanders Development Company” and being recorded 11/02/2005 in Book of Maps 2005, Page 2160 and 2161 of the Wake County Registry, reference to which is hereby made for greater certainty of description. Third party purchasers must pay the excise tax, pursuant to N.C.G.S. 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof, and the Clerk of Courts fee in the amount of Forty-five Cents (.45) per each One Hundred Dollars ($100.00) or fractional part thereof or Five Hundred Dollars ($500.00), whichever is greater. A deposit of five percent (5%) of the bid, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the ten (10) day statutory upset bid period all remaining amounts will be immediately due and owing. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance AS IS WHERE IS. There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, special assessments, land transfer taxes, if any, and encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owner (s) of the property is Jayson Ramsey and Lisa Ramsey. PLEASE TAKE NOTICE: 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. The notice shall also state that upon termination of a rental agreement, that tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Benjamin R. Kuhn
127 West Hargett Street, Suite 504
Raleigh, North Carolina 27601
919.870.9101
The Wake Forest Weekly
Nov. 29, 2012
Dec. 6, 2012
NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 3208
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Camden Townhomes at Cary Park Owners Association, Inc., a North Carolina Corporation against, Selina M. Moyo
Owner.
Lien Dated: 08/30/2010 Recorded as 10 M 7348 in the Office of the Clerk of Superior Court.
Under and by virtue of the power and authority contained in the Declaration of Covenants and Restrictions for Camden Townhomes at Cary Park, Wake County, North Carolina, 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 08/30/2010 and recorded as 10 M 7348 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 12th day of December, 2012 at 2:00 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 93, in Camden Townhomes at Cary Park, Phase lA, Section I, as shown on that Map recorded in Book of Maps 2006, Pages 1379-1380; Book of Maps 2007, Page 364-365 and Book of Maps 2007, Page 647, Wake County Registry
Commonly known as: 3837 Cary Glen Blvd., Cary, NC 27519-1872
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 Selina M. Moyo.
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.l6A(b), you are hereby notified that an order for possession of the property may be issued pursuant to N.C.G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court. Furthermore, any person who is occupying the property pursuant to a rental agreement entered into or renewed on or after October 1,2007, may, after receiving this Notice of Sale, terminate the rental agreement upon ten (10) days written notice to the landlord. Upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
This sale will be held open ten (10) days for upset bids as required by law.
This the 13 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. 29, 2012
Dec. 6, 2012
NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 3290
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Thornton Commons Townhomes Association, Inc., a North Carolina Corporation against, Darrius Pinkney
Owner.
Lien Dated: 09/2112009 Recorded as 09 M 7796 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, Easements, Charges and Liens for the Thornton Commons Townhomes, and pursuant to the provisions of Chapters 47 of the North Carolina General Statutes, and because of default in the payment of certain assessments secured by a Claim of Lien dated 09/2112009 and recorded as 09 M 7796 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 12th day of December, 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 Lot 43, in Thornton Commons Townhomes, Phase 2, as shown in Book of Maps 2005, Page 843, Wake County Registry.
Commonly known as: 8836 Thornton Garden Lane, Raleigh, NC 27616
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owner of the above-described real property as reflected on the records of the Wake County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Darrius Pinkney.
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 October, 2012.
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. 29, 2012
Dec. 6, 2012
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-3961
In the Matter of the Foreclosure of the Deed of Trust executed by Pomarico Construction Corp.,
Grantor,
to Southland Associates, Inc.,
Original Trustee,
As recorded in Book 12089, Page 1761 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 14870, Page 319 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust from Pomarico Construction Corp. to Southland Associates, Inc. (the “Original Trustee”) for the benefit of SunTrust Bank recorded in Book 12089, Page 1761 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 Lots 8 and 16, as shown on map entitled “Recombination and Subdivision Map for: Pogo LLC Pat’s Branch Subdivision” prepared by Southwind Surveying and Engineering, Inc., dated May 24, 2006 and recorded in Book of Maps 2006, Pages 1135 and 1136, Wake County Registry.
TOGETHER WITH all property rights and benefits contained in the Declaration of Covenants, Conditions and Restrictions for Pat’s Branch Subdivision recorded in Book 12006, Page 910, and any and all recorded amendments thereto, Wake County Registry.
The record owner of the Property as reflected by the records of the Register of Deeds of Wake County not more than ten (10) days prior to the posting of this Notice was Pomarico Construction Corp.
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: December 12, 2012
HOUR OF SALE: 10:15 a.m.
PLACE OF SALE: Wake County Courthouse
This the 19th 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. 29, 2012
Dec. 6, 2012
2048 10-SP-3478 AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Lisa M. Beron and Randolph E. Beron, dated December 24, 2008 and recorded on January 5, 2009 in Book No. 013341, at Page 01522, 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 December 6, 2012 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Holly Springs, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 925 Avent Meadows Lane, Holly Springs, NC 27540. Tax Parcel ID: 0315432 Present Record Owners: Lisa M. Beron; Randolph E. Beron. 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, 997648 11/22, 11/29/2012
The Wake Forest Weekly
Nov. 22, 29, 2012
7548 11-SP-1146 AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Vanessa J. Burgess, dated January 26, 2008 and recorded on February 5, 2008, in Book No. 12940, at Page 1720, 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 December 6, 2012 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 2647 Quarry Ridge Lane, Raleigh, NC 27612. Tax Parcel ID: 0316231 Present Record Owners: Vanessa J. Burgess. 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, 997652 11/22, 11/29/2012
The Wake Forest Weekly
Nov. 22, 29, 2012
11 SP 5872 NOTICE OF SALE,
North Carolina, Wake County In the Matter of the Foreclosure under that Power of Sale granted in the Declaration of Covenants, Conditions and Restrictions for Bingham Station Community Association, Inc recorded in Book 11047, Page 948, Wake County Registry, concerning Joseph Franklin Wright, Jr. and Shauvon T. Simmons-Wright. Under and by virtue of the power of sale contained in the Declaration of Covenants, Conditions and Restrictions, as well as Chapter 47F of the North Carolina General Statues; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of WAKE County, North Carolina; the undersigned Commissioner will offer for sale at public auction to the highest bidder for cash, the property described as follows: Being all of Lot 193, Bingham Station Subdivision, Phase 4, as recorded in Book of Maps 2006, Page 280, Wake County Registry. Property Address: 116 Fare Stone Drive, Garner, NC 27529 Date of Sale: December 6, 2012 at 10:30AM Location of Sale: Wake County Courthouse Record Owner(s): Joseph Franklin Wright, Jr. and Shauvon T. Simmons-Wright TERMS OF THE SALE: (1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies. (2) The property is being sold “as is”. Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of sale, terminate the rental agreement upon 10 days written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. (6) An order for possession of the property being sold may be issued pursuant to N.C.G.S. §45-21.29 in favor of the purchaser and against the party or parties in possession, by the Clerk of Superior Court of the county in which the property is sold. SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P. Adam M. Gottsegen, Commissioner Post Office Drawer 26268 Raleigh, NC 27611 (919) 250-2000 File No. KMA 10024139, 1001169 11/22, 11/29/2012
The Wake Forest Weekly
Nov. 22, 29, 2012
11-SP-2975 AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Mickey McBride and Diana J. McBride, dated October 19, 2009 and recorded on October 20, 2009, in Book No. 13731, at Page 2314, 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 December 6, 2012 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Wendell, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 5929 Sandpiper Farm Ln, Wendell, NC 27591 Tax Parcel ID: 0371508 Present Record Owners: Mickey McBride; Diana J. McBride 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 Cornish Law, PLLC 16501 Northcross Drive Suite D, Huntersville, NC 28078 (704)897-3061, 10675 P999460 11/22, 11/29/2012
The Wake Forest Weekly
Nov. 22, 29, 2012
12 SP 4456 NOTICE OF SALE,
North Carolina, Wake County In the matter of the Foreclosure under that Power of Sale granted in the Declaration of Covenants, Conditions and Restrictions for Glen Arbor at Dominion Park Homeowners Association, Inc. recorded in Book 5991, Page 883, and as amended in Book 6049, Page 678, Wake County Registry, concerning Jace W. Krull. Under and by virtue of the power of sale contained in the Declaration of Covenants, Conditions and Restrictions, as well as Chapter 47F of the North Carolina General Statues; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of WAKE County, North Carolina; the undersigned Commissioner will offer for sale at public auction to the highest bidder for cash, the property described as follows: Being all of Lot 95 of Dominion Park Subdivision, Phase 2, Section B, as same is shown on a plat thereof recorded in Map Book 1994, Page 357 of the Wake County Registry. Property Address: 6217 Allsdale Drive, Raleigh, NC 27617 Date of Sale: December 6, 2012 at 10:30AM Location of Sale: Wake County Courthouse Record Owner(s): Jace W. Krull TERMS OF THE SALE: (1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies. (2) The property is being sold “as is”. Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of sale, terminate the rental agreement upon 10 days written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. (6) An order for possession of the property being sold may be issued pursuant to N.C.G.S. §45-21.29 in favor of the purchaser and against the party or parties in possession, by the Clerk of Superior Court of the county in which the property is sold. SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P. Adam M. Gottsegen, Commissioner Post Office Drawer 26268 Raleigh, NC 27611 (919) 250-2000 File No. KMA 10024174, 1001188 11/22, 11/29/2012
The Wake Forest Weekly
Nov. 22, 29, 2012
NOTICE OF SUBSTITUTE
TRUSTEE’S FORECLOSURE
SALE OF REAL AND
PERSONAL PROPERTTY
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 12 SP 4826
IN THE MATTER OF THE FORECLOSURE Of a Deed of Trust Executed by IYB Properties, LLC dated May 25, 2012, recorded in Book 14779, Page 1462, Wake County Register of Deeds, by William H. Weatherspoon, Jr., Substitute Trustee (for Substitution of Trustee, see Book 14957, Page 1500, Wake County Registry)
Pursuant to the power and authority contained in the Deed of Trust and Security Agreement from IYB Properties, LLC to Wilson & Ratledge, PLLC (the “Original Trustee”) for the benefit of Prestige Wealth Management, LLC recorded in Book 14779, Page 1462 of the Wake County Public Registry (the “Deed of Trust”), and because of default in the payment of indebtedness thereby secured and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order Allowing Sale entered in this foreclosure proceeding, 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 “Real Property”), and any personal property or fixtures attached thereto (the “Goods,” and together with the Real Property, the “Property”):
Tract 1:
BEING all of that certain parcel or tract of land described as “0.726 Acre” according to plat entitled “Recombination Survey for The Knight Traveler, LLC” as recorded in Book of Maps 2002, Page 799, Wake County Registry.
Tract 2:
BEING all of that certain parcel or tract of land entitled as “1.552 Acres” according to plat entitled “Recombination Survey for The Knight Traveler, LLC” as recorded in Book of Maps 2002, Page 799, Wake County Registry.
Pursuant to N.C.G.S. § 45-21.8, the sale may be made by whole or by tract in the discretion of the Substitute Trustee; further, the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price, including without limitation, the Substitute Trustee may sell any and all personal property in accordance with N.C.G.S. §§ 25-9-604, 25-9-610 and 25-9-611, in whole, as individual items or together with the real property as the Substitute Trustee in his sole discretion determines is appropriate.
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 is IYB Properties, 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.
This sale is conducted pursuant to the provisions of N.C.G.S. § 45-21.30, and this notice is intended to comply with the requirements of N.C.G.S. §§ 25-9-604 and 25-9-613 providing for disposition of personal property in connection with the foreclosure of real property.
Pursuant to North Carolina General Statutes Section 45-21.10(b), any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or wire transfer 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: December 4, 2012
HOUR OF SALE: 10:00 a.m.
PLACE OF SALE: Wake County Courthouse, 316 Fayetteville Street, Raleigh, NC 27602
This the 8th day of November, 2012.
William H. Weatherspoon, Jr.
Substitute Trustee
Weatherspoon & Voltz LLP
3605 Glenwood Avenue, Suite 480
Raleigh, North Carolina 27612
Phone: (919) 459-2391
Fax: (919) 459-2392
The Wake Forest Weekly
Nov. 22, 29, 2012
NOTICE OF SUBSTITUTE
TRUSTEE’S FORECLOSURE
SALE OF REAL PROPERTY
18237
12-SP-532
UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Stanley Paul Moore and Lisa Ann Moore, dated April 14, 2009 and recorded on April 20, 2009, in Book No. 013489, at Page 01213 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 December 6, 2012 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Apex, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust.
Address of property: 7504 Apex Barbecue Road, Apex, NC 27502
Tax Parcel ID: 0242925
Present Record Owners: Stanley Paul Moore a/k/a Stanley P. Moore; Lisa Ann Moore a/k/a Lisa A. Moore
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.
Witness:
Assistant/Deputy
Clerk of Superior Court
Rogers Townsend & Thomas, PC,
Substitute Trustee
Attorney at Law
Rogers Townsend & Thomas, P.C.
Substitute Trustee
2550 West Tyvola Road
Suite 520
Charlotte, NC 28217
(704)442-9500
The Wake Forest Weekly
Nov. 22, 29, 2012
12-SP-1649 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 Janice McCants, dated February 24, 2006 and recorded on February 24, 2006, in Book No. 011829, at Page 01923, 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 December 6, 2012 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 2501 Foxgate Drive, Raleigh, NC 27610 Tax Parcel ID: 0066102 Present Record Owners: Janice McCants 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, 18855 P998261 11/22, 11/29/2012
The Wake Forest Weekly
Nov. 22, 29, 2012