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 18th day of December 2012 in the Board Room at Town Hall on the question of a contiguous annexation request petitioned by Joseph S. Sheetz for the property located at 1895 South Franklin Street comprising 4.07 acres being Wake County Tax Pin No. 1840-51-8965.
Legal Description:
BEGINNING at a 0.75” iron pipe found on the northern, 90 foot right of way(r/w), of Rogers Road, the southeastern corner of New Lot 1, as recorded at Book of Maps 2012, Pages 281-282, WCR, said beginning point also having NAD 83/2007 coordinates of North: 800,843.88 and East: 2,145,453.13 feet, thence from said beginning point clockwise along this northern r/w of Rogers Road, north 41°01’28” west and 81.74 feet to a 0.75” iron pipe, thence continuing along said northern r/w, 164.39 feet along the arc of a curve to the northwest, with a radius of 1000.00 feet and a chord bearing and distance of north 45°44’02” west and 164.20 feet, to a point, thence continuing along said northern r/w, north 40°58’22” west and 21.44 feet to a point, thence continuing along said northern r/w north 41°12’24” west and 50.22 feet to a 0.75” iron pipe, thence leaving said northern r/w, north 08°06’41” west and 83.33 to a 0.75” iron pipe found on the eastern, 85 foot r/w of South Franklin Street, thence along said r/w, north 37°32’42” east and 400.26 feet to a 0.75” iron pipe, thence continuing along said r/w, 107.57 feet along the arc of a curve to the northeast, with a radius of 1005.00 feet and a chord bearing and distance of north 34°28’44” east and 107.52 feet, to a 0.75” iron pipe in a rock pile, thence leaving said r/w south 19°46’56” east and 469.86 feet to a 0.75” iron pipe on the western bank of Smith Creek, thence south 36°16’26” west and 253.43 feet to a 0.75” iron pipe, thence south 49°11’50” west and 110.61 feet to the point and place of BEGINNING, containing 4.07 acres, more or less according to Book of Maps 2012, Pages 281-282, reference to which is made for a more particular description.
Deeda Harris
Town Clerk
The Wake Forest Weekly
Dec. 6, 13, 2012
NOTICE OF PUBLIC HEARING
FOR BOW HUNTING
The public will take notice that the Board of Commissioners of the Town of Wake Forest will hold a public hearing on the subject of allowing bow hunting in the corporate limits of the Town of Wake Forest.
The hearing will take place during the Board of Commissioner’s regularly scheduled meeting on December 18, 2012 at 7:00 p.m. at the Town Hall at 301 S. Brooks St.
If you would like to review the copy of the draft ordinance, please contact the Town Clerk at 919-435-9410.
All interested citizens are invited to attend the hearing.
Deeda Harris, Town Clerk
The Wake Forest Weekly
Dec. 6, 13, 2012
NOTICE
All persons, firms or corporations having claims against Magdalene Baker Alford, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before March 14, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 13th day of December 2012.
David B. Alford, Administrator
c/o John K. Cook, Attorney
The Law Offices of
John K. Cook, P.A.
Post Office Box 226
Wake Forest, NC 27588
(919) 556-4899
The Wake Forest Weekly
Dec. 13, 20, 27, 2012
Jan. 3, 2013
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of Dorothy Jackson Arnold, deceased, late of Wake County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 14th day of March, 2013, or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate payment. This the 13th day of December, 2012.
c/o David A. Burns, Attorney
Stephen Jackson Arnold,
Administrator of the
Estate of Dorothy Jackson Arnold
4101 Lake Boone Trail, Suite 300
Raleigh, North Carolina 27607
The Wake Forest Weekly
Dec. 13, 20, 27, 2012
Jan. 3, 2013
Notice to Creditors
All persons, firms or corporations having claims against Barbara Eugenia Janeway, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before March 17, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 13th day of December, 2012.
James Edward McComas, Jr.
Ancillary Administrator
c/o Harold E. Russell, Jr.
Morris, Russell, Eagle &
Worley, PLLC
P.O. Box 19001
Raleigh, NC 27619
The Wake Forest Weekly
Dec. 13, 20, 27, 2012
Jan. 3, 2013
Notice to Creditors
All persons, firms or corporations having claims against Robert D. Smith AKA Robert David Smith, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before March 17, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 13th day of December, 2012.
Douglas Smith, Executor
6704 Coit Lane
Raleigh, NC 27614
The Wake Forest Weekly
Dec. 13, 20, 27, 2012
Jan. 3, 2013
Notice to Creditors
All persons, firms or corporations having claims against Dorothy Jo Spencer, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before March 14, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 13th day of December, 2012.
Iris E. Spencer, Executor
6612 Virginia Court
Raleigh, NC 27616
The Wake Forest Weekly
Dec. 13, 20, 27, 2012
Jan. 3, 2013
Notice to Creditors
All persons, firms or corporations having claims against Patricia Ann Branch Barnes Boyette aka Patricia Branch Boyette, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before March 7, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 6th day of December, 2012.
Betty Drew Barnes Hoover, Executrix
7601 Southwick Court
Wake Forest, NC 27587
The Wake Forest Weekly
Dec. 6, 13, 20, 27, 2012
Notice to Creditors
All persons, firms or corporations having claims against ANDREW R. HENDERSON, JR., A/K/A ANDREW ROBINSON HENDERSON, JR., deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before March 10, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 6th day of December, 2012.
Joyce L. Henderson c/o
I. Allan From
5410 Trinity Rd., Ste. 210,
Raleigh NC 27607
P.O. Box 12347,
Raleigh, NC 27605
919-821-7700
The Wake Forest Weekly
Dec. 6, 13, 20, 27, 2012
Notice to Creditors
All persons, firms or corporations having claims against Harold Bennett Journigan Sr., deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before March 10, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 6th day of December, 2012.
Terri Journigan, Executor
4828 Old Milburnie Road
Wendell, NC 27591
The Wake Forest Weekly
Dec. 6, 13, 20, 27, 2012
NOTICE
All persons, firms or corporations having claims against Edith Stenersen, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before March 7, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 6th day of December 2012.
Barbara Weissenberger, Executrix
c/o John K. Cook, Attorney
The Law Offices of
John K. Cook, P.A.
Post Office Box 226
Wake Forest, NC 27588
(919) 556-4899
The Wake Forest Weekly
Dec. 6, 13, 20, 27, 2012
NOTICE
All persons, firms or corporations having claims against CAROL L. WILDER, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before March 10, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 28th day of December, 2012.
David K. Lee
Executor
c/o Michael K. Perry, Attorney at Law
12324 Hampton Way
Suite 204
Wake Forest, NC 27588
The Wake Forest Weekly
Dec. 6, 13, 20, 27, 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 OF PUBLIC SALE
At the following locations:
2845 U.S. Highway One, Franklinton, NC 27525, 10 a.m.
Unit B038 Brian Onofrio
Unit B182 Minnie White
20 Gatekeeper Drive, Youngsville, NC 27596, 10:30 a.m.
Unit C337 Craig Geter
85 Tarboro Road, Youngsville, NC 27596, 11 a.m.
Unit X513 Ronald Bailey
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, December 29, 2012 at the Gatekeeper locations listed above.
The Wake Forest Weekly
Dec. 13, 20, 2012
NOTICE OF SERVICE OF PROCESS BY PUBLICATION NORTH CAROLINA WAKE COUNTY IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO: 12 CVD 1509
Summit Credit Union, Plaintiff vs. Tracye Digiorgio, Defendant. TO: Tracye Digiorgio 206 Knowles Street, Raleigh, NC 27603. Tracye Digiorgio 2705 Newbold St., Raleigh, NC 27603. 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: 1. Judgment for the sum of $5,059.09, plus contract interest accruing at 10.95% per annum from December 30, 2011, until the date of judgment, and interest at the legal rate thereafter until paid in full: 2. Judgment for Plaintiff’s reasonable attorney fees of $758.86. 3. Judgment for Plaintiff’s costs; and 4. All other relief to which Plaintiff is entitled. You are required to make defense to such pleading no later than January 21, 2013 and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought. This 20th day of November, 2012. Franklin Drake of SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP, P.O.Box 26268 Raleigh, NC 27611-6268 (919)250-2000 1003872 12/6, 12/13, 12/20/2012
The Wake Forest Weekly
Dec. 6, 13, 20, 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 SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 418
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY John’s Pointe Homeowners Assocation, Inc., a North Carolina Corporation against, Bladimir D. Rodriguez and Lillian Rodriguez
Owners.
Lien Dated: 10/07/2011 Recorded as 11 M 006919 in the Office of the Clerk of Superior Court.
Under and by virtue of the power and authority contained in the Declaration of Covenants, Conditions, Restrictions, Easements, Charges and Liens for John’s Pointe 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 10/07/2011 and recorded as 11 M 006919 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 27th 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 of Lot 25, John’s Pointe Subdivision, Phase 1, according to a map of same recorded in Book of Maps 2005, Page 1190-1193, Wake County Registry
Commonly known as: 3916 Cane Garden Drive, Raleigh, NC 27610
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 Bladimir D. Rodriguez and Lillian Rodriguez.
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 19 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
Dec. 13, 20, 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-0284
In the Matter of the Foreclosure of the Deed of Trust executed by Triangle Regency, LLC,
Grantor,
to Southland Associates, Inc.,
Original Trustee,
As recorded in Book 12894, Page 726 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 14616, Page 2379 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust from Triangle Regency, LLC to Southland Associates, Inc. (the “Original Trustee”) for the benefit of SunTrust Bank recorded in Book 12894, Page 726 of the Wake County Public Registry, as modified in Book 13806, Page 2120 (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 that certain tract of land shown as “Remaining Portion of Tract 6 Formerly Tract 1 of BM2005, PG2315”, containing 20.03 acres, more or less, according to that certain plat entitled “Division of Tract 6 Formerly Tract 1 (BM2005, PG2315) Into Tracts 6, 7A, and 7B” and recorded in Book of Maps 2007, Page 491, 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 Triangle Regency, 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.
DATE OF SALE: December 28, 2012
HOUR OF SALE: 10:00 a.m.
PLACE OF SALE: Wake County Courthouse
This the 4th day of December, 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
Dec. 13, 20, 2012
12-SP-3984 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 Cecil J. Thompson and Pamela D. Winant, dated June 20, 2003 and recorded on June 25, 2003 in Book No. 010221, at Page 01337, 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 27, 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: 417 Fair Glen Rd, Holly Springs, NC 27540. Tax Parcel ID: 246267 Present Record Owners: Cecil J. Thompson and Pamela D. Winant. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Tamara R. Cornish, Substitute Trustee 16501 Northcross Drive, Suite D, Huntersville, NC 28078 704-897-3061, 113341-03873 P1008450 12/13, 12/20/2012
The Wake Forest Weekly
Dec. 13, 20, 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-4718
In the Matter of the Foreclosure of the Deed of Trust and Security Agreement executed by Hemlock Plaza Limited Partnership,
Grantor,
to Lawyers Title Insurance Corporation,
Original Trustee,
As recorded in Book 12700, Page 1659 of the Wake County Public Registry.
See Substitution of Trustee which Substitutes Louis E. Wooten, III as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 14878, Page 1274 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust and Security Agreement from Hemlock Plaza Limited Partnership to Lawyers Title Insurance Corporation (the “Original Trustee”) for the benefit of Bear Stearns Commercial Mortgage, Inc., appearing of record as Mortgage Electronic Registration Systems, Inc., recorded in Book 12700, Page 1659 of the Wake County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real and personal property described in the attached Exhibit A, together with all rights, privileges and appurtenances thereto (the “Property”).
The record owner of the Property as reflected by the records of the Register of Deeds of Wake County not more than ten (10) days prior to the posting of this Notice was Hemlock Plaza Limited Partnership (”Borrower”).
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 28, 2012
HOUR OF SALE: 10:00 a.m.
PLACE OF SALE: Wake County Courthouse
This the 14th 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
REAL PROPERTY:
Lying and being located in Swift Creek Township, Wake County, North Carolina, and being described as follows:
Beginning at an iron pipe in the Northern 90 foot Right-of-Way of Penny Road, State Road Number 1379, said iron pipe located N 02° 30’ 47” E 14.87 feet from an existing iron pipe inside the Right-of-Way of Penny Road, being the Southeast corner of Yung Sheng Eric Wang et al property; thence N 02° 30’ 47” E 675.58 feet along the East property line of Yung Sheng Eric Wang, et al property to an existing iron pipe; thence N 82° 31’ 25” E 307.42 feet to an existing iron pipe; thence S 58° 30’ 26” E 176.59 feet to an existing iron pipe; thence S 28° 25’ 56” E 68.00 feet to an existing iron pipe; thence N 89° 43’ 46” E 33.00 feet to an existing pipe; thence along a curve to the right with an arc length of 98.99 feet, having a radius of 260.00 feet and a chord bearing and distance of S 77° 53’ 50” E, 98.39 feet to an iron pipe set; thence S 65° 34’ 17” E 58.94 feet to a mag-nail set in the Western 90 foot Right-of-Way of Kildaire Farm Road, State Road Number 1300; thence along the Western Right-of-Way of Kildaire Farm Road S 24° 55’ 14” W 156.63 feet to an existing iron pipe; thence along the Western Right-of-Way of Kildaire Farm Road S 22° 24’ 11” W 101.66 feet to an existing iron pipe; thence along the Western Right-of-Way of Kildaire Farm Road S 21° 02’ 49” W 86.15 feet to an existing iron pipe; thence along the Western Right-of-Way of Kildaire Farm Road S 15° 16’ 40” W 113.49 feet to an existing P-K nail in pavement; thence N 74° 43’ 20” W 123.89 feet to an existing iron pipe; thence N 52° 04’ 07” W 140.34 feet to an existing iron pipe; thence S 07° 36’ 32” W 115.00 feet to an existing iron pipe; thence S 17° 36’ 32” W 136.01 feet to an existing iron pipe in the Northern 90 foot Right-of-Way of Penny Road; thence along the Northern Right-of-Way of Penny Road N 72° 23’ 28” W 42.73 feet to an existing P-K Nail in pavement; thence along the Northern Right-of-Way of Penny Road N 80° 04’ 55” W 13.39 feet to an existing iron pipe; thence N 17° 36’ 32” E 115.00 feet to an existing iron pipe; thence N 11° 57’ 58” E 86.98 feet to an existing iron pipe; thence N 87° 20’ 05” W 90.00 feet to an existing iron pipe; thence N 63° 20’ 05” W 109.00 feet to an existing iron pipe; thence along a curve to the left with an arc length of 95.91 feet, having a radius of 270.00 feet and a chord bearing and distance of S 16° 49’ 54” W, 95.41 feet to a mag-nail set; thence S 02° 53’ 07” W 139.44 feet to a mag-nail set in pavement in the Northern Right-of-Way of Penny Road; thence along the Northern Right-of-Way of Penny Road N 89° 41’ 47” W 25.04 feet to the point and place of Beginning, containing 7.251 total acres, all as shown on that certain unrecorded plat of survey entitle, “ALTA/ACSM Land Title Survey Expressly for Hemlock Plaza Limited Partnership”, prepared by Staley C. Smith, PLS, dated July 12, 2007, reference to such plat being hereby made for a more particular description of the metes, bounds, courses and distances of such real property.
TOGETHER WITH the rights set out in that certain Easement for Retention Pond recorded in Book 6937, Page 754, Wake County Registry.
PERSONAL PROPERTY:
All machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has an interest, located upon the Real Property or appurtenant thereto, and usable in connection with the operation and occupancy of the Real Property, and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has an interest, located upon the Real Property, or appurtenant thereto, or usable in connection with the operation and occupancy of the Real Property.
The Wake Forest Weekly
Dec. 13, 20, 2012
12-SP-616 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 Gregg C. Gooch and Katrina M. Gooch, dated October 31, 2005 and recorded on November 1, 2005, in Book No. 11664, at Page 470, 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 27, 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: 8316 Hardeth Way, Raleigh, NC 27616. Tax Parcel ID: 0290176 Present Record Owners: Gregg C. Gooch a/k/a Gregory C. Gooch; Katrina M. Gooch 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, 15501 P995355 12/13, 12/20/2012
The Wake Forest Weekly
Dec. 13, 20, 2012
NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 3256
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Valley Stream of Raleigh Homeowners Association, Inc., a North Carolina Corporation against, Iris L. Corpening
Owner.
Lien Dated: 08/18/2010 Recorded as 10 M 7057 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 08/18/2010 and recorded as 10 M 7057 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 27th 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 of Lot 12 in Valley Stream Subdivision, Phase One, as shown on a map thereof recorded in Book of Maps 1999, Page 2118, (previously recorded in Book of Maps 1999, Page 2104), Wake County Registry
Commonly known as: 4821 Mocha Lane, Raleigh, NC 27616-7763
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 Iris L. Corpening.
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 30 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
Dec. 13, 20, 2012
11-SP-6097 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 Paul D. Weiskopf, dated January 26, 2007 and recorded on January 31, 2007 in Book No. 012382, at Page 01980, 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 20, 2012 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Fuquay Varina, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 808 Cricket Knoll Road, Fuquay Varina, NC 27526. Tax Parcel ID: 0128729 Present Record Owners: Paul D. Weiskopf a/k/a Paul Weiskopf, Jr. 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, 13049 P1000450 12/6, 12/13/2012
The Wake Forest Weekly
Dec. 6, 13, 2012
12-SP-356 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 Jane A. Sabaya and Bernard J. Ogomo, dated September 11, 2007 and recorded on September 12, 2007 in Book No. 12747, at Page 226, 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 20, 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: 2535 Crescent Forest Dr, Raleigh, NC 27610. Tax Parcel ID: 0315531 Present Record Owners: Jane A. Sabaya; Rodney S. Harris. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. 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, 13361 P1000478 12/6, 12/13/2012
The Wake Forest Weekly
Dec. 6, 13, 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-4717
In the Matter of the Foreclosure of the Deed of Trust Securing Future Advances executed by Terry E. Slate and Lynn S. Slate,
Grantor,
to Robert E. Branch,
Original Trustee,
As recorded in Book 13603, Page 628 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 14792, Page 1555 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust Securing Future Advances from Macadie Associates, LLC to Robert E. Branch (the “Original Trustee”) for the benefit of CapStone Bank recorded in Book 13603, Page 628 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 Tract 1, containing 6.509 total acres (net acreage of 4.369 acres) Survey for Terry E. Slate, as recorded in Book of Maps 2006 Page 1299 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 Terry E. Slate.
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 17, 2012
HOUR OF SALE: 10:15 a.m.
PLACE OF SALE: Wake County Courthouse
This the 15th 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
Dec. 6, 13, 2012