Wake Co. Notices
NOTICE OF PUBLIC HEARING
BY THE TOWN OF
ROLESVILLE BOARD OF
COMMISSIONERS
The public will take notice that the Board of Commissioners of the Town of Rolesville will hold a public hearing starting at 7 p.m. on February 4, 2013 at the Meeting Hall at 502 Southtown Circle. The public is encouraged to attend. The Town Board will hear public comments regarding a request by HES, Inc. to amend the approved conditions of MA05-03, allowing the recreational lot in the Terrell Plantation subdivision to be relocated within the development.
Leslie Rudd
Town Clerk
The Wake Forest Weekly
Jan. 24, 31, 2013
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of Morton Altman, late of Wake County, North Carolina, this is to notify all persons, firms, and corporations having claims against Morton Altman to present such claims to the undersigned on or before the 1st day of May, 2013, or this notice will pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.
This 31st day of January, 2013.
Samina Pietryka, Executor of
The Estate of Morton Altman,
Deceased
c/o Frank L. Tortora, III
Pinna, Johnston & Burwell, PA
PO Box 31788
Raleigh, NC 27622
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 14, 21, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Annie Margaret Harper, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before May 1, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 31st day of January, 2013.
Sarah Roberts
Executor
5841 Phillips Landing Drive
Wake Forest, NC 27587
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 14, 21, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Arliss D. Moore, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before May 1, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 31st day of January, 2013.
Linda D. Wilson
Executor
510 Gressenhall Lane
Waxhaw, NC 28173
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 14, 21, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Evelyn Murray, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before May 1, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 31st day of January, 2013.
William L. Stainback
Executor
2781 Cashlin Drive
Raleigh, NC 27616
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 14, 21, 2013
NOTICE TO CREDITORS
Having qualified as co-Executors of the Estate of Cornelius F. Weiss, Jr., 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 26th day of April, 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 24th day of January, 2013.
c/o David A. Burns, Attorney
William Cornel Weiss and
Timothy Joseph Weiss, co-Executors
of the Estate of
Cornelius F. Weiss, Jr.
4101 Lake Boone Trail, Suite 300
Raleigh, North Carolina 27607
The Wake Forest Weekly
Jan. 24, 31, 2013
Feb. 7, 14, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against John Ellis Wooten Jr., deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before April 25, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 24th day of January, 2013.
Shirley S. Wooten
Executor
210 West Vernon Avenue
Wake Forest, NC 27587
The Wake Forest Weekly
Jan. 24, 31, 2013
Feb. 7, 14, 2013
NOTICE TO CREDITORS
Having qualified as Executor of the estate of Agnes Hardee Barbour, late of Raleigh, Wake County, North Carolina, the undersigned does hereby notify all persons, firms, and corporations having claims against said decedent to exhibit them to the undersigned on or before the 18th day of April, 2013 or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said decedent will please make immediate payment to the undersigned.
This 17th day of January, 2013.
Debra Lee Barbour
Executor, Estate of
Agnes Hardee Barbour, Deceased
c/o Walter Brodie Burwell, Jr.
Pinna, Johnston & Burwell, P.A.
P.O. Box 31788
Raleigh, NC 27622
The Wake Forest Weekly
Jan. 17, 24, 31, 2013
Feb. 7, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Mary Evelyn Ziglar Blake, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before April 18, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 17th day of January, 2013.
Rodger Russell Blake
Executor
211 Sparrow Drive
Wake Forest, NC 27587
The Wake Forest Weekly
Jan. 17, 24, 31, 2013
Feb. 7, 2013
NOTICE
All persons, firms or corporations having claims against Bob Gordon Daniels, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before April 18, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 17th day of January, 2013.
Michelle Susan Daniels Moser,
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
Jan. 17, 24, 31, 2013
Feb. 7, 2013
Notice to Creditors
All persons, firms or corporations having claims against Shirley L. Ritchey, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before April 18, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 17th day of January, 2013.
Laurie Stephens
Administrator
4632 Gamelyn Walk
Raleigh, NC 27612
The Wake Forest Weekly
Jan. 17, 24, 31, 2013
Feb. 7, 2013
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of Peter T. Chenery, deceased, late of Wake County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 12th day of April, 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 10th day of January, 2013.
c/o Madison E. Bullard, Jr.,
Attorney
Marjorie Howe Chenery,
Executor of the
Estate of Peter T. Chenery
4101 Lake Boone Trail, Suite 300
Raleigh, North Carolina 27607
The Wake Forest Weekly
Jan. 10, 17, 24, 31, 2013
NOTICE TO CREDITORS
Having duly qualified as Co-Executrix and Co-Executor of the Estate of Mary Ann W. Eason, deceased, before the Clerk of Superior Court of Granville County, this is to notify all persons indebted to said estate to make immediate payment to the undersigned Co-Executrix and Co-Executor. All persons holding claims against said estate will present the same for payment to said Co-Executrix and Co-Executor on or before the 15th day of April, 2013 or this notice will be plead in bar of their recovery.
This the 27th day of December, 2012
Mary Sue E. Edwards, Co-Executrix
Joseph Watkins Eason, Co-Executor
Estate of Mary Ann W. Eason,
Deceased
N. Kyle Hicks.
HOPPER, HICKS & WRENN, PLLC
111 Gilliam Street
P. O. Box 247
Oxford, NC 27565
Telephone:(919) 693-8161
The Wake Forest Weekly
Jan. 10, 17, 24, 31, 2013
Notice to Creditors
All persons, firms or corporations having claims against Ruth Inge Kreuscher, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before April 11, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 10th day of January, 2013.
Rolf R. Kreuscher, Executor
1604 Acer Court
Raleigh, NC 27615
The Wake Forest Weekly
Jan. 10, 17, 24, 31
Notice to Creditors
All persons, firms or corporations having claims against Bruce Arthur Morris, Sr., deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before April 11, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 10th day of January, 2013.
Sherry Dianne Morris
Administrator
3807 Sue Lane
Raleigh, NC 27604
The Wake Forest Weekly
Jan. 10, 17, 24, 31, 2013
Notice to Creditors
All persons, firms or corporations having claims against Frederick William Ruskie, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before April 11, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 10th day of January, 2013.
Lisa Ann Ruskie
Administrator
916 Rose Angel Circle
Wake Forest, NC 27587
The Wake Forest Weekly
Jan. 10, 17, 24, 31, 2013
Notice to Creditors
All persons, firms or corporations having claims against John D. Wooten, Jr., deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before April 11, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 10th day of January, 2013.
John D. Wooten, III
Executor
8605 Papaya Drive
Raleigh, NC 27613
The Wake Forest Weekly
Jan. 10, 17, 24, 31, 2013
NOTICE OF PROCEEDING
AND SERVICE OF
PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NO. 11 JT 282, 283
In Re: T.T, d.o.b. 11/23/97 and C.C., d.o.b. 1/21/05
To: John Doe, father of a child born to Charlotte Thornton on 11/23/97
John Doe, father of a child born to Charlotte Thornton on 1/21/05
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 March 4, 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.
This the 31st day of January, 2013.
Julia B. Southwick
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
(919) 856-5500
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 14, 2013
NOTICE OF SERVICE OF
PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA,
WAKE COUNTY
In the Civil District Court
12 CVD 14090
Belfor USA Group, Inc. v. Robert Russotti
TO: Robert Russotti, 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: Money damages for breach of contract or alternatively for quantum meriut, implied contract, or unjust enrichment, regarding labor and materials supplied and work performed by Plaintiff on the house located at 410 Worth Street, Raleigh, Wake County, North Carolina.
You are required to make a defense to such pleading not later than March 5, 2013 (40 days from the below date of first publication) and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This the 24 day of January, 2013.
Greg Heafner
Gregory Alan Heafner, PA
Attorney for the Plaintiff,
Belfor USA Group, Inc.
1510 Twisted Oak Dr.
Chapel Hill, NC 27516
(919) 967-3800
The Wake Forest Weekly
Jan. 24, 31, 2013
Feb. 7, 2013
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 # 13 JA 12& 14, 12 JA 595
In the Matter of: A.M., D.A.J., and D.K.J.
TO: Shonta Jones, mother of three children born 7/17/1995, 7/31/2000, and 9/23/2002
Thomas McMillon, father of a child born to Shonta Jones on 7/17/1995
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. You should contact the following attorney who will be provisionally appointed to represent you: Lisa Atwater, 919-780-5802 (Shata Jones); and Suzanna Stofel-Albano 919-380-9690 (Thomas McMillon).
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 February 5, 2013, at 9:00 a.m., Courtroom 4C, 4th Floor, Wake County Courthouse, Raleigh, NC, for a hearing on the allegations of neglect and dependency.
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 24th day of January, 2013.
WAKE COUNTY
ATTORNEY’S OFFICE
Julia B. Southwick,
Asst. Wake Co. Atty
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
(919) 856-5500
The Wake Forest Weekly
Jan. 24, 31, 2013
Feb. 7, 2013
NOTICE OF SERVICE OF
PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA
WAKE COUNTY
In the General
Court of Justice,
District Court Division
12 CVD 12851
Builder’s Mutual Insurance Company,
Plaintiff,
Enrique Armenta Estrada,
Defendant
To: Enrique Armenta Estrada
Take notice that a pleading seeking relief against you has been filed in above-entitled action. The nature of the relief being sought is as follows: Money damages for breach of contract and unjust enrichment arising out of unpaid insurance premiums. You are required to make defense to such pleading no later than February 26, 2013 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This the 17th day of January, 2013.
Theresa S. Dew,
N.C. State Bar No. 29449
STUART LAW FIRM, PLLC
1033 Wade Avenue, Suite 202
Raleigh, NC 27605-1155
The Wake Forest Weekly
Jan. 17, 24, 31, 2013
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 February 14, 2013 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 and 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 the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 113087-00653 P1011235 1/31, 02/07/2013
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
10-SP-7139 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 Barry Q. Clayton, Jr., dated October 13, 2006 and recorded on October 13, 2006 in Book No. 012215, at Page 01138, 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 February 14, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 3122 Kentish Town Lane, Raleigh, NC 27612-0000. Tax Parcel ID: 0315368 Present Record Owners: Barry Q. Clayton, 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 the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 113324-01190 P1009860 1/31, 02/07/2013
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
11 SP 2980
In the Matter of Foreclosure of a certain Claim of Lien claimed against Cynthia Jane Thomas dated November 4, 2010, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 10M9149,
Hope Derby Carmichael, Commissioner for Sandy Springs Community Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Sandy Springs Community Association, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Book: 5005, Page: 788, and as supplemented and amended, and because of default in the failure of Cynthia Jane Thomas to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 1813 Balfour Downs Circle, Fuquay-Varina, NC 27526 and pursuant to the Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on February 11, 2013 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 1813 Balfour Downs Circle, Fuquay-Varina, NC 27526, WAKE County, North Carolina, and more particularly described as all of Being all of Lot 53 Phase 2A Sandy Springs, as shown on the map recorded in Book of Maps 1992, Page 776, WAKE County Registry.
The sale shall be made subject to all prior liens, restrictions and easements of record, as well as unpaid taxes and assessments, if any. The record owner of the above-described real property as reflected on the records of the WAKE County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Cynthia Jane Thomas. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Commissioner for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by certified check at the time the Commissioner tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
This the 22 day of January , 2013.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for Sandy Springs
Community Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
11-SP-4815 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 Harold Michael Collins and Julia S. Mackenzie, dated June 28, 2006 and recorded on June 30, 2006 in Book No. 012043, at Page 01045, 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 February 14, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 11309 Stoney Woods Drive, Raleigh, NC 27614. Tax Parcel ID: 0332259 Present Record Owners: Harold Michael Collins and Julia S. Mackenzie. 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, 112854-00495 P1010246 1/31, 02/07/2013
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
12 SP 213 NOTICE OF FORECLOSURE SALE, North Carolina, Wake County
In the matter of the foreclosure of the Deed of Trust of David Clifford to TRSTE, Inc., Trustee for Wachovia Bank, National Association See Substitution of Trustee as recorded in Book 14340, Page 271, appointing Richard J. Kania as Substitute Trustee. Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to Wachovia Bank, National Association, dated December 28, 2007, securing indebtedness in the original principal amount of $174,852.00 as recorded in Deed of Trust Book 12915, at Page 939, Wake County Registry (hereinafter, the “Deed of Trust”) and because of the default of Debtor in the payment of the indebtedness thereby secured and the failure of Debtor to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Wake County, North Carolina, entered in this foreclosure proceeding, the undersigned, Richard J. Kania, Substitute Trustee, will expose for sale at public auction on February 8, 2013 at 12:00PM at the Wake County Courthouse at the usual place of sale designated by the Wake County Clerk, Raleigh, the real property in Wake County, North Carolina (including any improvements thereon), with the address of 5632 Millrace Trl, Raleigh, NC 27606, and as described as follows: Being all of Lot 31 of Yates Mill Run Subdivision, as per plat thereof recorded in Book of Maps 1988, Page 548, Wake County Registry, to which reference is made for a more perfect description. The Substitute Trustee may, in his sole discretion, delay the sale for up to one hour as provided by N.C.G.S. §45-21.23. 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 County Register of Deeds not more than ten (10) days prior to the posting of this Notice is: David Clifford 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 County Clerk of Superior Court. Pursuant to N.C.G.S. § 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per cent (5%) percent of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the 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 purchase price so bid at the time, he shall remain liable on his bid as provided for in N.C.G.S. § 45-21.30 (d) and (e). Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1). This sale will be held open ten (10) days for upset bids as required by law. If the Substitute Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition by an owner or debtor prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in his sole discretion, if he believes the challenge to have merit, may request the Court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Any person who occupies the property pursuant to a bona fide lease or tenacy may have additional rights pursuant to Title VII of 5.896, “Protecting Tenants at Foreclosure Act” which became effective on May 20, 2009. Additional Notice Where the Real Property Is Residential with less than 15 Rental Units: Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007 may, after receiving this notice of the 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 termination. Richard J. Kania, Substitute Trustee 600-A Centrepark Drive, Asheville, North Carolina 28805 (828) 252-8010, 1015933 1/31, 02/07/2013
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 3451
In the Matter of Foreclosure of a certain Claim of Lien claimed against Baldwin F. Henry and Carleen J. Henry dated May 16, 2012, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 12M2934,
Hope Derby Carmichael, Commissioner for Weslyn Community Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Weslyn Community Association, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 10523, Page 671, and as supplemented and amended, and because of default in the failure of Baldwin F. Henry and Carleen J. Henry to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 4012 Flat Sedge Lane, Raleigh, NC 27604 and pursuant to Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on February 11, 2013 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 4012 Flat Sedge Lane, Raleigh, NC 27604, WAKE County, North Carolina, and more particularly described as all of Being all of Lot 104 Weslyn , as shown on the map recorded in Book of Maps 2003, Page 2125, WAKE County Registry.
The sale shall be made subject to all prior liens, restrictions and easements of record, as well as unpaid taxes and assessments, if any. The record owner of the above-described real property as reflected on the records of the WAKE County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Baldwin F. Henry and Carleen J. Henry. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Commissioner for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by certified check at the time the Commissioner tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
This the 22 day of January, 2013.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for Weslyn
Community Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 3697
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Lewis Landing Community Association, Inc., a North Carolina Corporation against, Maurice Loranzo Lee
Owner.
Lien Dated: 08/25/2010 Recorded as 10M 7280 in the Office of the Clerk of Superior Court.
Under and by virtue of the power and authority contained in the Master Declaration of Covenants, Conditions and Restrictions for Lewis Landing, 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 08/25/20I0 and recorded as 10 M 7280 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 13th day of February, 2013 at 1:00 p.m., at the usual and customary place for such sales at the Wake County Courthouse, the following described real property (including the house and any other improvements thereon):
BEING all of the Lot 34 of Lewis Landing Subdivision, Phase II, as shown and recorded in Book of Maps 2001, Page 1390 and Book of Maps 2003, Page 147, Wake County Registry
Commonly known as: 113 Saint Johns Street, Knightdale, NC 27545-7997
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) daysprior to the posting of this Notice is Maurice Loranzo Lee.
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 9 day of January, 2013.
HATCH, LITTLE & BUNN, LLP
327 Hillsborough Street
Raleigh, North Carolina 27602
Telephone: (919) 856-3940
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 3784
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Pine Knoll Townhome Association, Inc., a North Carolina Corporation against, John Patrick Martinez and Melissa Sue Martinez
Owners.
Lien Dated: 03/05/2012
Recorded as 12 M 1439 in the Office of the Clerk of Superior Court.
Under and by virtue of the power and authority contained in the Declaration of Master Covenants, Conditions and Restrictions for Pine Knoll 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 03/05/2012 and recorded as 12 M 1439 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 13th day of February, 2013 at 1:00 p.m. at the usual and customary place for such sales at the Wake County Courthouse, the following described real property (including the house and any other improvements thereon):
Being all of Lot 49, in Pine Knoll Townhomes, as shown on that map recorded in Book of Maps 2005, Pages 1230-1234, Wake County Registry
Commonly known as: 3532 Londonville Lane, Raleigh, NC 27604-3395
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 John Patrick Martinez and Melissa Sue Martinez.
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 10 day of January, 2013.
Tina Frazier Pace
Commissioner
HATCH, LITTLE & BUNN, LLP
327 Hillsborough Street
P.O. Box 527
Raleigh, North Carolina 27602
Telephone: (919)856-3940
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 4856
In the Matter of Foreclosure of a certain Claim of Lien claimed against Cypress Fund IV, LLC dated June 28, 2012, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 12M4034,
Hope Derby Carmichael, Commissioner for Faircroft Community Association, Inc. ,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Faircroft Community Association, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Book: 8607, Page: 467, and as supplemented and amended, and because of default in the failure of Cypress Fund IV, LLC to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 1117 Bilbury Court, Raleigh, NC 27614 and pursuant to the Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on February 11, 2013 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 1117 Bilbury Court, Raleigh, NC 27614, WAKE County, North Carolina, and more particularly described as all of Lot 23 Faircroft , as shown on the map recorded in Book of Maps 2000, Page 995, WAKE County Registry.
The sale shall be made subject to all prior liens, restrictions and easements of record, as well as unpaid taxes and assessments, if any. The record owner of the above-described real property as reflected on the records of the WAKE County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Cypress Fund IV, LLC. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Commissioner for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by certified check at the time the Commissioner tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
This the 16th day of January, 2013.
JORDAN PRICE WALL GRAY
JONES & CARLTON
Jeffrey J. Goebel
Attorney for Faircroft
Community Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 5171
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Landsdowne Homeowners Association, Inc., a North Carolina Corporation against, Jon M. Versola aka Jun M. Versola and Melissa J. Versola Owners.
Lien Dated: 01/26/2012 Recorded as 12 M 618 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 Landsdowne Homeowners Association, Inc., and pursuant to the provisions of Chapters 47 of the North CarolinaGeneral Statutes, and because of default in the payment of certain assessments secured by a Claim of Lien dated 01/26/2012 and recorded as 12 M 618 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 13th day of February, 2013 at 1:00 p.m., at the usual and customary place for such sales at the WAKE County Courthouse, the following described real property (including the house and any other improvements thereon):
Being all of Lot 19, Landsdowne Subdivision, Phase 1, Section Five, as recorded in Book of Maps 1995, Page 424 Wake County Registry, reference to which is hereby made for greater certainty of description
Commonly known as: 116 Glenmore Road, Cary, NC 27519-6151
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 Jon M. Versola aka Jun M. Versola and Melissa J. Versola.
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.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 4 day of January, 2013.
Commissioner
HATCH, LITTLE & BUNN, LLP
327 Hillsborough Street
P.O. Box 527
Raleigh, North Carolina 27602
Telephone: (919) 856-3940
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
12-SP-3873 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 Kathryn J. Roberts and Ethan S. Roberts, dated October 13, 2009 and recorded on October 16, 2009 in Book No. 013728, at Page 02426-02439, 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 February 14, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Cary, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 217 Virens Dr, Cary, NC 27511. Tax Parcel ID: 0763136473 Present Record Owners: Kathryn J. Roberts and Ethan S. Roberts. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 113473-06999 P1017970 1/31, 02/07/2013
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
12-SP-3970 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 Robert Livingston and Marie Livingston, dated November 15, 2007 and recorded on November 16, 2007 in Book No. 012837, at Page 01270 and re-recorded on February 4, 2010 in Book No. 13845 at Page 388 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 February 14, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 3473 Mackinac Island Lane, Raleigh, NC 27610. Tax Parcel ID: 1732813828 Present Record Owners: Robert Livingston and Marie Livingston. 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, 112449-00101 P1009956 1/31, 02/07/2013
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
12-SP-4692 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 Moses Uyadi and Gloria Uyadi, dated March 6, 2007 and recorded on March 13, 2007 in Book No. 12443, at Page 164, 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 February 14, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 2113 Groundwater Pl, Raleigh, NC 27610. Tax Parcel ID: 0310283 Present Record Owners: Moses Uyadi and Gloria Uyadi. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 112433-00819 P1018079 1/31, 02/07/2013
The Wake Forest Weekly
Jan. 31, 2013
Feb. 7, 2013
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
10 SP 580
In the Matter of Foreclosure of a certain Claim of Lien claimed against Hubert E. King and Floretta S. King dated July 1, 2009, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 09 M 5595, Hope Derby Carmichael, Commissioner for Willow Creek Homeowners Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Willow Creek Homeowners Association,Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 8892, Page 304, and as supplemented and amended, and because of default in the failure of Hubert E. King and Floretta S. King to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 1720 E. Ridge Heights Drive, Fuquay-Varina, NC 27526 and pursuant to Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on February 6, 2013 at 3:00 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 1720 E. Ridge Heights Drive, Fuquay-Varina, NC 27526, WAKE County, North Carolina, and more particularly described as all of Being all of Lot 108, Willow Creek Subdivision, Phase 5A, as shown on the map recorded in Book of Maps 2000, Page 2287-2288, WAKE County Registry.
The sale shall be made subject to all prior liens, restrictions and easements of record, as well as unpaid taxes and assessments, if any. The record owner of the above-described real property as reflected on the records of the WAKE County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Hubert E. King and Floretta S. King. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Commissioner for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by certified check at the time the Commissioner tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
This the 16th day of January, 2013.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney forWillow Creek
Homeowners Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
Jan. 24, 31, 2013
11-SP-4704 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 Gary L. Hooker, dated April 26, 2007 and recorded on May 3, 2007 in Book No. 012533, at Page 01304, 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 February 7, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 2632 Dality Drive, Raleigh, NC 27604. Tax Parcel ID: 0282326 Present Record Owners: Gary L. Hooker and Lisa Robinson Hooker. 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, 113500-00787 P1010760 1/24, 01/31/2013
The Wake Forest Weekly
Jan. 24, 31, 2013
12-SP-2912 AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by David E. Miller, dated December 5, 2007 and recorded on December 5, 2007 in Book No. 012863, at Page 00569, in the Office of the Register of Deeds of Wake County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Wake County Courthouse, Raleigh, North Carolina on February 7, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Wake Forest, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1705 Chestnut Hill a/k/a 1705 Chestnut Hill Road, Wake Forest, NC 27587. Tax Parcel ID: 0234594 Present Record Owners: David E. Miller. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 113087-01382 P1009844 1/24, 01/31/2013
The Wake Forest Weekly
Jan. 24, 31, 2013
12-SP-3060 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 Willard Hodges and Karen D. Hodges, dated January 26, 2001 and recorded on January 31, 2001 in Book No. 008793, at Page 01303, 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 February 7, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1412 Riverview Road, Raleigh, NC 27610. Tax Parcel ID: 0019685 Present Record Owners: Willard Hodges and Karen D. Hodges. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 113217-03453 P1011072 1/24, 01/31/2013
The Wake Forest Weekly
Jan. 24, 31, 2013
12 SP 3469 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 Robert L. Denton, dated December 1, 2006 and recorded on December 4, 2006 in Book No. 12296, at Page 521, 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 February 7, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1221 University Court 102, Raleigh, NC 27606. Tax Parcel ID: 0235597 Present Record Owners: Robert L. Denton. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 112472-00172 P1009855 1/24, 01/31/2013
The Wake Forest Weekly
Jan. 24, 31, 2013
12-SP-3845 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 Jorge A. Silva-Saavedra and Guiomar C. Sanchez, dated January 6, 2010 and recorded on January 7, 2010 in Book No. 13818, at Page 975, 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 February 7, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Zebulon, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 217 W. Oak Street, Zebulon, NC 27597. Tax Parcel ID: 2705321987 Present Record Owners: Jorge A. Silva-Saavedra and Guiomar C. Sanchez. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 113217-03461 P1009711 1/24, 01/31/2013
The Wake Forest Weekly
Jan. 24, 31, 2013
12-SP-3931 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 Kevin A. Conklin, dated December 31, 2002 and recorded on December 31, 2002 in Book No. 009830, at Page 02113, 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 February 7, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1604 Stonehurst Rd, Raleigh, NC 27607. Tax Parcel ID: 0774375052 Present Record Owners: Kevin A. Conklin. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 113217-03991 P1011055 1/24, 01/31/2013
The Wake Forest Weekly
Jan. 24, 31, 2013
12-SP-3933 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 Roy M. Chacon, dated March 8, 2007 and recorded on March 8, 2007 in Book No. 012437, at Page 00204, 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 February 7, 2013 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: 121 Lacombe Ct, Holly Springs, NC 27540. Tax Parcel ID: 0283779 Present Record Owners: Roy M. Chacon. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee Attorney at Law 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704)442-9500, 113217-04308 P1011051 1/24, 01/31/2013
The Wake Forest Weekly
Jan. 24, 31, 2013
12-SP-3955 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 Anthony W. Price and Judith Dunbar Price, dated December 22, 2005 and recorded on December 22, 2005 in Book No. 011744, 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 February 7, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Wake Forest, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1005 Caudle Woods Drive, Wake Forest, NC 27587. Tax Parcel ID: 1813203126 Present Record Owners: Anthony W. Price and Judith Dunbar Price. 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, 017360-00200 P1011496 1/24, 01/31/2013
The Wake Forest Weekly
Jan. 24, 31, 2013
NOTICE OF SUBSTITUTE
TRUSTEE’S FORECLOSURE
SALE OF REAL PROPERTY
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
12-SP-4637
In the Matter of the Foreclosure of the Deed of Trust executed by Spectrum Homes, Inc.,
Grantor,
to Southland Associates, Inc.,
Original Trustee,
As recorded in Book 11978, Page 1130 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 14894, Page 851 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust from Spectrum Homes, Inc. to Southland Associates, Inc, (the “Original Trustee”) for the benefit of SunTrust Bank recorded in Book 11978, Page 1130 of the Wake County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described as follows, together with all rights, privileges and appurtenances thereto (the “Property”):
BEING all of Lot 32, Hasentree Golf Community, shown on the plat entitled “SUBDIVISION PLAT OF HASENTREE GOLF COMMUNITY – PHASE 1 FOR HASENTREE CORP.”, dated October 26, 2005, prepared by Elingburg Land Survey Co., P.A., and recorded in Book of Maps 2006, Page 0831, 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 Spectrum Homes, Inc.
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: February 5, 2013
HOUR OF SALE: 10:00 a.m.
PLACE OF SALE: Wake County Courthouse
This the 9th day of January, 2013.
Louis E. Wooten, III,
Substitute Trustee
The Wooten Law Firm
3737 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612
Telephone: (919)-573-6118
The Wake Forest Weekly
Jan. 24, 31, 2013
NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 5122
In the Matter of the Foreclosure of the Deed of Trust of Charles R. Manning Jr.
Grantor,
Dorothy Bass Burch,
Substitute Trustee
As recorded in Book 13677 at Page 2726 of the Guilford County Registry;
Record Owner(s):
Charles R. Manning Jr.
(See Deed Book 10614, Page 1466)
See Appointment of Substitute Trustee as recorded in Book 14954 at Page 2228, of the Wake County Registry.
Under and by virtue of the power and authority contained in that certain Deed of Trust (the “Deed of Trust”) executed and delivered by the above named Grantor, dated August 26, 2009, and filed for record on August 27, 2009 in the Office of the Register of Deeds of Wake County, North Carolina, in Book 13677, Page 2726 and pursuant to the demand of the owner and holder of the indebtedness secured by said deed of trust, and pursuant to the Order of the Clerk of Superior Court of Wake County, North Carolina entered or to be entered in this foreclosure proceeding, the undersigned Substitute Trustee, will offer for sale at public auction to the highest bidder for cash on February 7, 2013, at 10:00 a.m. at the courthouse door of the Wake County Courthouse, Raleigh, North Carolina, the following-described real property located in Wake County:
BEING all of Lot 3, containing 1.8771 acres, as shown on plat of survey entitled “Subdivision Plat of Anderson Pointe” dated August 19, 2003, of record at Book of Maps 2004, Page 1869, Wake County Registry.
The address for the property is 290 N. Rogers Lane, Raleigh, North Carolina.
The sale will be made subject to all liens prior to the deed of trust being foreclosed, if any, and to unpaid taxes, restrictions, easements of record and assessments, if any, and matters of survey.
The record owner of the above-described 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 Charles R. Manning, Jr.
The highest bidder at the sale will be required to make an immediate cash deposit of the greater of: (i) ten percent (10%) of the amount of the bid or (ii) One Thousand Dollars ($1,000.00).
An order for possession of the property may be issued pursuant to G.S. 4521.29 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.
The Notice of Sale hereby given is in satisfaction of the requirements of the Deed of Trust and the requirements contained in N.C. Gen. Statute § 45-21-17 with respect to posting or publishing notice of sale.
This the 14th day of January, 2013.
Dorothy Bass Burch
Substitute Trustee
OF COUNSEL:
Ragsdale Liggett PLLC
2840 Plaza Place, Suite 400
Raleigh, NC 27612
The Wake Forest Weekly
Jan. 24, 31, 2013
NOTICE OF SALE
IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
WAKE COUNTY
12 SP 5829
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JANICE T. WILLIAMS DATED JUNE 9, 2000 AND RECORDED IN BOOK 8605 AT PAGE 2317 IN THE WAKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA
Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in payment of the secured debt and failure to perform the agreements contained therein and, pursuant to demand of the holder of the secured debt, the undersigned will expose for sale at public auction at the usual place of sale at the Wake County courthouse at 10:00 a.m. on February 5, 2013, the following described real estate and any improvements situated thereon, in Wake County, North Carolina, and being more particularly described as follows:
BEGINNING at a stake on the edge at a sixteen foot roadway, runs thence with said roadway North 05° 30’ East 100.00 feet to a stake, a common corner between Lot Nos. 2 and 3; thence with the line of Lot No. 2, North 88° 30’ West 179.00 feet to a stake, another common corner between Lot Nos. 2 and 3, in the line of W. Harvey Bland; thence with the line of W. Harvey Bland South 05° West 100.00 feet to a stake, a common corner for Lot Nos. 3 and 4 in the line of W. Harvey Bland; thence with the line of W. Harvey Bland South 88° East 178.00 feet to the point of BEGINNING and being a part of the land conveyed to Maggie Scott and Berta Scott by C. D. Stewart and wife by deed dated the 16th day of November 1938, recorded in Book 823, Page 542, Office of the Register of Deeds for Wake County, North Carolina. This being Lot No. 3 in the division of said land according to a survey and map made by E. C. Smith, Surveyor, on the 21st day of July, 1948, which map is recorded in the Wake County Registry.
And Being more commonly known as: 3000 Garris Road, New Hill, NC 27562
The record owner(s) of the property, according to the records of the Register of Deeds, is the successors in interest to Janice T. Williams.
The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the Trustee nor the holder of the note secured by the deed of trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note 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 offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required from the highest bidder and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. After the expiration of the upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale.
SPECIAL NOTICE FOR LEASEHOLD TENANTS residing at the property: be advised that an Order for Possession of the property may be issues in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this notice is January 10, 2013.
STUART LAW FIRM, PLLC
Theresa S. Dew
N.C. Bar #29449
Substitute Trustee
1033 Wade Avenue, Suite 202
Raleigh, NC 27605
Tel. (919) 787-6050
Fax (919) 787-9988
The Wake Forest Weekly
Jan. 24, 31, 2013
NOTICE OF SUBSTITUTE
TRUSTEE’S FORECLOSURE
SALE OF REAL PROPERTY
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
12-SP-5611
In the Matter of the Foreclosure of the Deed of Trust Securing Future Advances executed by New Hope Christian Church,
Grantor,
to CB Trustee, LLC,
Original Trustee,
As recorded in Book 13246, Page 934 of the Wake County Public Registry.
See Substitution of Trustee which Substitutes Louis E. Wooten, III as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 15014, Page 921 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust Securing Future Advances from New Hope Christian Church to CB Trustee, LLC (the “Original Trustee”) for the benefit of Antioch Partners, LLC recorded in Book 13246, Page 934 of the Wake County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described as follows, together with all rights, privileges and appurtenances thereto (the “Property”):
BEING all of Lot 2128, containing 0.24 Acres (10,506 Square Feet), as shown on plat entitled “Recombination Plat of Lots 21 and 28, Block 1 to New Lot 2128”, dated September 11, 2006, prepared by BSC Rice and recorded in Book of Maps 2006, Page 1985, Wake County Registry.
The record owner of the Property as reflected by the records of the Register of Deeds of Wake County not more than ten (10) days prior to the posting of this Notice was New Hope Christian Church.
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: February 5, 2013
HOUR OF SALE: 10:00 a.m.
PLACE OF SALE: Wake County Courthouse
This the 10th day of January, 2013.
Louis E. Wooten, III,
Substitute Trustee
The Wooten Law Firm
3737 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612
Telephone: (919)-573-6118
The Wake Forest Weekly
Jan. 24, 31, 2013