Wake Co. Notices
PUBLIC NOTICE
The public will take notice that the Wake Forest Board of Commissioners will hold a public hearing to receive public input for the FY 2013-2014 Budget. Staff will be preparing the proposed FY 2013-2014 Budget over the next couple of months. The purpose of the hearing is to receive public comment(s) for the upcoming fiscal year beginning July 1, 2013.
The hearing will take place during the Wake Forest Board of Commissioner’s regularly scheduled meeting on February 19, 2013 at 7:00 p.m. at the Town Hall at 301 S. Brooks Street.
All interested citizens are invited to attend the hearing.
Deeda W. Harris
Town Clerk
The Wake Forest Weekly
Feb. 14, 2013
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 19, 2013 at the Meeting Hall at 502 Southtown Circle. The public is encouraged to attend. The Town Board will hear public comments involving the Town of Rolesville’s Comprehensive Bicycle Plan.
Leslie Rudd
Town Clerk
The Wake Forest Weekly
Feb. 7, 14, 2013
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 19, 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
Feb. 7, 14, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Virginia R. Goulding, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before May 8, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 7th day of February, 2013.
Timothy Richardson Goulding,
Executor
332 Farmington Woods Dr.
Cary, NC 27511
The Wake Forest Weekly
Feb. 7, 14, 21, 28, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Ethel E. Truniec, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before May 8, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 7th day of February, 2013.
Daniel S. Donochod, Executor
59 Lakeview Drive
Bracey, VA 23919
The Wake Forest Weekly
Feb. 7, 14, 21, 28, 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 OF PUBLIC SALE
At the following locations:
2845 U.S. Highway One, Franklinton, NC 27525, 10 a.m.
Unit B042 Georgette Wilson
20 Gatekeeper Drive, Youngsville, NC 27596, 10:30 a.m.
Unit C337 Craig Geter
85 Tarboro Road, Youngsville, NC 27596, 11 a.m.
Unit S144 Natalie Ruffin
In accordance with the provisions of N.C.G.S. (C) and (D) and pursuant to the assertion of a lien for rental, the personal property of those listed above will be sold on Saturday, February 23, 2013 at the Gatekeeper locations listed above.
The Wake Forest Weekly
Feb. 14, 21, 2013
NOTICE OF SALE
PURSUANT TO
N.C.G.S. 44-A-43
TO: James Carter, Unit #269
5206 Rio Grande Drive
Raleigh, NC 27616
Cheryl Davis, Unit #58
4106 Weaver Drive
Raleigh, NC 27612
Wendell Fraser, Unit #455
303 Inkster Cove
Raleigh, NC 27603
Joel Humphries, Unit #320
3410 Cotton Mill Drive
Apt. 305
Raleigh, NC 27612
Dorsey Riddick, Unit #49
710 Camlin Street
Ahoskie, NC 27910
Sherry Smith, Unit #409
PO Box 41341
Raleigh, NC 27269
Chris Tilley, Unit #268
600B Church Road
Benson, NC 27504
Leigh Williams, Unit #417
7800 Falls of the Neuse Road
#97184
Raleigh, NC 27615-9998
Jimmy’s Minis, A Self Service Storage Facility at 4412 Delta Lake Dr, Raleigh, North Carolina 27612, has a possessory lien on all the goods you have stored there in the units numbered above. All these items of personal property are going to be sold at public sale in order to collect the amount of rents due from you on Monday / February 18, 2013 at 12:00 o’clock noon. The sale will take place at 4412 Delta Lake Dr, Raleigh, North Carolina 27612.
This the 14th day of January, 2013.
Jimmy’s Minis Management
The Wake Forest Weekly
Feb. 14, 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 20, 21
In Re: E.Q.L., dob 10/31/1996
T.A.L., dob 6/25/2009
To: Ndudi Azogu, father of T.A.L., a child born to Tiffany Lee on 6/25/2009 in Wake County, NC
Angelo Best, father of T.A.L., a child born to Tiffany Lee on 6/25/2009 in Wake County, NC
John Doe, father of T.A.L., a child born to Tiffany Lee on 6/25/2009 in Wake County, NC
Shelby Doe, father of E.Q.L., a child born to Tiffany Lee 10/31/1996 in Pitt County, NC
John Doe, father of E.Q.L., a child born to Tiffany Lee 10/31/1996 in Pitt County, NC
TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action in Wake County, North Carolina. The nature of the relief being sought is as follows: termination of your parental rights in the above-named child.
You are required to make defense to such pleading not later than March 20, 2013. If you fail to answer this petition, your parental rights will be terminated.
You are entitled to attend any hearing affecting you rights. You are entitled to have counsel appointed by the Court if you cannot afford one. If you are represented by a lawyer appointed previously in an abuse, neglect or dependency case, that lawyer will continue to represent you unless the Court orders otherwise. If you are not represented by a lawyer and want a court appointed lawyer, you are encouraged to contact immediately the following lawyer who has been temporarily assigned to represent you: Angelo Best, contact Brian Demidovich, 211 E. Six Forks Rd., Bldg C, Ste. 205, Raleigh, NC 27609, (919) 424-8319; Ndudi Azogu, contact Kathleen Putiri, P.O. Box 2073, Raleigh, NC 27602, (919) 609-3576. Shelby Doe and/or John Doe, contact the Clerk of Superior Court of Wake County, (919) 792-4000. At the first hearing, the Court will determine whether you qualify for a court-appointed lawyer. If you do not qualify, the lawyer named above will be released.
This the 7th day of February, 2013.
Suzanne Padgett
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
(919) 856-5500
The Wake Forest Weekly
Feb. 7, 14, 21, 2013
NOTICE OF SERVICE OF
PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NO. 12-CVD-4085
COASTAL FEDERAL CREDIT UNION,
Plaintiff,
Vs.
BRANDON H. KING, Defendant.
TO: BRANDON H. KING
TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: The Plaintiff is seeking a Judgment against you for monies owed as a result of default under the terms of an Open-End Application and Plan-Signatures Plus, as well as, an Open-End Disbursement Receipt Plus.
You are required to make defense to such pleading not later than March 19, 2013. Upon your failure to do so, the Plaintiff will apply to the Court for the relief sought.
This law firm is a debt collector within the meaning of the Fair Debt Collection Practices Act. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose.
This the 30th day of January, 2013.
Sarah Dalonzo-Baker
Kirschbaum, Nanney,
Keenan & Griffin, P.A.
Attorney for Plaintiff
Post Office Box 19806
Raleigh, NC 27619
(919) 848-9640
The Wake Forest Weekly
Feb. 7, 14, 21, 2013
NOTICE OF SERVICE OF
PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NO. 12-CVD-9327
COASTAL FEDERAL CREDIT UNION,
Plaintiff,
Vs.
MICA T. DURHAM,
Defendant.
TO: MICA T. DURHAM
TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: The Plaintiff is seeking a Judgment against you for monies owed as a result of default under the terms of an Open-End Application and Plan Signatures Plus, as well as, an Open-End Voucher and Security Agreement.
You are required to make defense to such pleading not later than March 19, 2013. Upon your failure to do so, the Plaintiff will apply to the Court for the relief sought.
This law firm is a debt collector within the meaning of the Fair Debt Collection Practices Act. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose.
This the 30th day of January, 2013.
Sarah Dalonzo-Baker
Kirschbaum, Nanney,
Keenan & Griffin, P.A.
Attorney for Plaintiff
Post Office Box 19806
Raleigh, NC 27619
(919) 848-9640
The Wake Forest Weekly
Feb. 7, 14, 21, 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
11-SP-5477 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 Lorry A. Desantis, dated February 23, 2004 and recorded on February 23, 2004 in Book No. 010677, at Page 02436, 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 28, 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: 619 Brooks Avenue, Raleigh, NC 27607. Tax Parcel ID: 0013026 Present Record Owners: Lorry A. Desantis. 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, 113473-06097 P1010248 2/14, 02/21/2013
The Wake Forest Weekly
Feb. 14, 21, 2013
NOTICE OF TRUSTEE’S
SALE OF REAL ESTATE
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 5651
IN THE MATTER OF: The Foreclosure of a Deed of Trust executed by LESLIE J. BASNIGHT, III, and MARY D. BASNIGHT, to WALTER G. ROGERS, Trustee, recorded in Book 12898, Page 723, Wake County Registry.
Pursuant to a power of sale contained in a Equity Line of Credit Deed of Trust executed by Leslie J. Basnight, III, and Mary D. Basnight, (the “Debtors”) to Walter G. Rogers, Trustee, dated December 31, 2007 and recorded on December 31, 2007 at 3:11 p.m. in Book 12898, Page 723, Wake County Registry, Sarah C. Blount having been substituted as trustee by instrument recorded in Book 14986, Page 557, Wake County Registry, and default having occurred and the Deed of Trust being subject to foreclosure, and the Holder of the indebtedness having demanded foreclosure, the undersigned Substitute Trustee will expose for sale at public auction on February 27, 2013 11:30 a.m. at the door of the Wake County Courthouse, Raleigh, North Carolina, the following real property including any improvements thereon:
All of Lot 39, Sheffield Manor II, as shown on plat recorded in Book of Maps 1989, Page 869, Wake County Registry.
The address of the property is 9428 Koupela Drive, Raleigh, North Carolina 27615.
Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance AS IS WHERE IS. There are no representations of warranty relating to the title or any physical, environmental, health, or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, special assessments, land transfer taxes, if any, easements, conditions, covenants, restrictions and all encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owners of the property are Leslie J. Basnight, III and Mary D. Basnight. This property is not a “home loan” as defined in N.C.G.S. § 45-101, and is not subject to notices required by the North Carolina Emergency Program to Reduce Home Foreclosures Act.
A deposit of five percent (5%) of the bid, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be immediately due and owing. The successful bidder shall tender the full balance of the purchase price, in cash or certified check when the trustee tenders, or attempts to tender, the deed for the property. If the successful bidder then fails to pay the balance of the purchase price, he shall remain liable on his bid as provided by N.C.G.S. § 4521.30(d) and (e). This sale will be held open ten (10) days for upset bids as required by law. Third party purchasers must pay the excise tax, pursuant to N.C.G.S. § 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500) or fractional part thereof, and the Clerk of Courts fee, pursuant to N.C.G.S. § 7A-308, in the amount of Forty-five Cents (.45) per each One Hundred Dollars ($100) or fractional part thereof or Five Hundred Dollars ($500.00), whichever is greater.
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 confirmation of the sale and reinstatement of the loan without knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
PLEASE TAKE NOTICE: An order for possession of the property may be issued pursuant to G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after December 31, 2007 may, after receiving the notice of the sale, terminate the rental agreement upon 10 days’ written notice to the landlord. This notice shall also state that upon termination of a rental agreement that tenant is liable for rent due under the rental agreement prorated to the effective date at the termination.
Special Notice. In the event that tax liens attach to this property, The United States of America, Treasury Department, Internal Revenue Service, has certain rights to purchase which may be exercised after the trustee’s sale. Prospective purchasers are urged to familiarize themselves with these rights to which the sale may be subject.
Special Notice. On information and belief the property to be sold may be subject to Mechanics and Materialman’s claims of lien which may be superior to the interest in the property being foreclosed and sold and which may or may not appear in the public record. Prospective purchasers are urged to familiarize themselves with the public record and the law. Purchasers will neither be relieved of their obligations nor allowed to withdraw their bids due to lack of knowledge or if a lien claimant subsequently asserts a higher priority claim.
This the 3rd day of January, 2013.
Sarah C. Blount, Substitute Trustee
JORDAN LAW OFFICES, P.A.
4509 Creedmoor Rd., Suite 204
Raleigh, NC 27612
Telephone: 919-847-3740
The Wake Forest Weekly
Feb. 14, 21, 2013
12-SP-84 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 Stephen Johnson, dated April 2, 2007 and recorded on April 3, 2007 in Book No. 012481 at Page 01658 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 28, 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: 4007 Beaufain St, Raleigh, NC 27604. Tax Parcel ID: 1725976158 Present Record Owners: Stephen Johnson. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. 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, 112854-00564 P1020292 2/14, 02/21/2013
The Wake Forest Weekly
Feb. 14, 21, 2013
12-SP-001324 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 Heather L. Brockwell, dated March 26, 2004 and recorded on March 30, 2004 in Book No. 10736, at Page 2611, 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 28, 2013 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 8808 Valley Springs Place, Raleigh, NC 27615. Tax Parcel ID: 0228369 Present Record Owners: Heather L. Brockwell. 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, 017360-00167 P1015495 2/14, 02/21/2013
The Wake Forest Weekly
Feb. 14, 21, 2013
THIRD AMENDED
NOTICE OF SALE
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
12-SP-4402
In the Matter of the Foreclosure of the Deed of Trust of
SAMMY INVESTMENTS, LLC,
Grantor,
TO: WILLIAM H. WEATHERSPOON, JR.,
Substitute Trustee
As recorded in Book 12573 at Page 2093 of the Wake County Register of Deeds (the “Registry”) and as recorded in Book 13010 at Page 208 of the Registry.
See Appointment of William H. Weatherspoon, Jr. as Substitute Trustee pursuant to Substitution of Trustee recorded in Book 15017, Page 605 of the Registry and in Book 15017, Page 610 of the Registry.
The Substitute Trustee hereby submits this Third Amended Notice of Sale and announces the postponement of the sale. The Substitute Trustee’s Sale was previously scheduled for January 29, 2013 at 1:30 p.m. at the Wake County Courthouse, 316 Fayetteville Street, Raleigh, North Carolina 27602, and will be postponed to and until the 27th day of February, 2013 at 1:30 p.m. pursuant to N.C. Gen. Stat. §45-21.21, for good cause shown.
Under and by virtue of the power and authority contained in that Deed of Trust and Assignment of Rents from the above-named Grantor (”Grantor”) to the above-named Substitute Trustee dated May 30, 2007 and filed for record on May 30, 2007 in Book 12573 at Page 2093 of the Wake County Register of Deeds (the “Registry”) (as may be modified from time to time, the “First Deed of Trust”), and that certain Deed of Trust and Assignment of Rents from Grantor to the above-named Substitute Trustee dated March 2008 and filed for record on March 20, 2008 in Book 13010 at Page 208 of the Registry, as amended by that certain Modification of Deed of Trust and Notice of Future Advance between Grantor, the above-named Substitute Trustee and Wells Fargo Bank, N.A., as successor-by-merger to Wachovia Bank, National Association (”Wells Fargo”) dated December 1, 2010 and filed for record on June 6, 2011 in Book 14368 at Page 1173 of the Registry (collectively, as may be modified from time to time, the “Second Deed of Trust,” and together with the First Deed of Trust, the “Deeds of Trust”), and because of default in the payment of the indebtedness thereby secured and failure 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 said Deeds 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, Substitute Trustee, will expose for sale at public auction on the 27th day of February, 2013, at 1:30 P.M. at the Wake County Courthouse, 316 Fayetteville St, Raleigh, NC 27602, the real property located in Wake County, North Carolina more particularly described on Exhibit A attached hereto and incorporated herein by reference (including any improvements thereon) and the personal property more particularly described on Exhibit B attached hereto and incorporated herein by reference. The Substitute Trustee may sell any and all personal property located on the property described on Exhibit A or described on Exhibit B owned by Grantor or Borrower (as defined in the Deeds of Trust) in which the beneficiary of the deeds of trust has a security interest in accordance with N.C. Gen. Stat. §§ 25-9-604, 25-9-610 and 25-9-611, in whole, as individual items or together with the real property and improvements as the Substitute Trustee in his sole discretion determines is appropriate.
The sale will be made subject to all prior and superior deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases, and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Deeds of Trust; provided, however, that the inclusion of this clause in this Amended Notice of Sale shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.
All items of real and personal property are to be sold “as is.” Neither the Substitute Trustee nor the holder of the notes secured by the Deeds of Trust nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the notes 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.
The buyer shall be responsible for the payment of any excise or transfer stamps required by law.
The record owner of the real property described on Exhibit A 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 was Sammy Investments, LLC.
This sale is conducted pursuant to the provisions of N.C.G.S. § 45-21.30, and this notice is intended to comply with the requirements of N.C.G.S. §§25-9-604 and 25-9-613 providing for disposition of personal property in connection with the foreclosure of real property. The Grantor is entitled to and may request an accounting of the unpaid indebtedness.
Pursuant to North Carolina General Statutes Section 45-21.10(b), and the terms of the Deeds of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred and 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 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, the bidder shall remain liable on the bid as provided for in North Carolina General Statutes Section 45-21.30(d) and (e).
This sale will be held open ten (10) days for upset bids as required by law.
This the 29th day of January, 2013.
William H. Weatherspoon, Jr.
Weatherspoon & Voltz LLP
3605 Glenwood Avenue, Suite 480
Raleigh, North Carolina 27612
Direct Dial: 919.459.2391
Fax: 919.459.2392
E-mail: will@wvllp.com
Substitute Trustee
EXHIBIT A
Wake County, North Carolina:
Tract 1:
BEGINNING at an iron pipe located at the northwestern intersection of the right-of-way lines of Watkins Road (S.R. 1706) and Airport Boulevard (S.R. 3015); runs thence along the northern right-of-way line of Watkins Road South 80°42’34” West 277.52’ to an iron pipe located at the southeastern corner of the property of Wanda Endine Culler; runs thence along said Culler property North 04°14’16” East 196.38’ to an iron pipe; runs thence South 86°34’ East 296.90’ to an iron pipe located in the western line of Airport Boulevard; runs thence along said airport Boulevard South 15°31’02” West 138.30’ to the point and place of BEGINNING, containing 1.07 acres according to a survey prepared by John Y. Phelps, Jr., Registered Land Surveyor, entitled “Property of Mahmoud S. Abdallah & Rolla Abdallah” dated 01-07-99.
Tract 2:
BEGINNING at an iron pipe located in the western line of Airport Boulevard (S.R. 3015), said point being the northeastern corner of the property conveyed by deed dated January 31, 1985, and recorded in Book 3424, page 456, Wake County Registry said point also being 138.30’ from the northwestern intersection of the right of way lines of Watkins Road and Airport Boulevard; runs thence North 86°34’ West 296.90’ to an iron pipe; runs thence North 06°06’29” East 130.21’ to an iron pipe; runs thence South 86°26’32” East 329.33’ to an iron pipe in the western line of Airport Boulevard; runs thence along said Airport Boulevard South 20°00’34” West 134.96’ to the point and place of BEGINNING, containing .93 acres as shown on a survey prepared by John Y. Phelps, Jr., Registered Land Surveyor, entitled “Property of Mahmoud S. Abdallah & Rolla Abdallah” dated 01-07-99.
Tract 3:
BEGINNING at an existing iron pipe at the northern right-of-way of Watkins Road which is the northwest corner of property belonging to Mahmoud S. and Rolla Abdallah, said pipe being 277.52 feet from the intersection of Watkins Road and Airport Boulevard, thence South 84°41’43” West 104.59 feet to an existing iron pipe, thence North 04°07’12” East 211.01 feet to an existing iron pipe, thence North 85°21’03” East 105.01 feet to an existing iron pipe, thence South 04°58’29” West 13.52 feet to an existing iron pipe, thence South 04°14’16” West 196.38 feet to the point of BEGINNING, containing 0.4995 acres, according to survey prepared by John Y. Phelps, Jr., R.L.S., dated February 22, 1999.
TOGETHER WITH all rights reserved by, granted to and provided for under Security Agreement dated January 27, 2006, as amended, and amended by that certain UCC Financing Statement filed with the North Carolina Secretary of State on February 1, 2006 as File Number 20060010212F, as continued by that certain UCC Financing Statement Amendment filed with the North Carolina Secretary of State on November 8, 2010 as File Number 20100086753C.
EXHIBIT B
The following described property whether now owned or hereafter acquired, and any additions, replacements, accessions, or substitutions thereof and all cash and non-cash proceeds and products thereof.
All of the personal property of Manhattan Bakery, Inc. of every kind and nature including, without limitation, all accounts, equipment, accessions, inventory, chattel paper, instruments, investment property, documents, letter-of-credit rights, deposit accounts, and general intangibles, wherever located.
The Wake Forest Weekly
Feb. 14, 21, 2013
11-SP-2217 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 Mandko Family, LLC c/o William Kent Cummings, , Mandko Family, LLC c/o Kimberly N. Cummings, Mandko Family, LLC c/o William Kent Cummings, Registered Agent, William Kent Cummings and Kimberly N. Cummings, dated November 28, 2007 and recorded on November 28, 2007 in Book No. 12852, at Page 128, 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 21, 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: 7413 Hasentree Club Drive, Wake Forest, NC 27587. Tax Parcel ID: 0345909 Present Record Owners: Mandko Family, LLC c/o William Kent Cummings, Registered Agent, Mandko Family, LLC c/o William Kent Cummings, Member/ Manager and Mandko Family, LLC c/o North Carolina Department of Secretary of State. 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, 113217-02887 P1012490 2/7, 02/14/2013
The Wake Forest Weekly
Feb. 7, 14, 2013
11-SP-4116 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 Jean Custance, dated November 19, 2008 and recorded on November 25, 2008 in Book No. 13309, at Page 1054, 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 21, 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: 5516 Old Towne Road, Raleigh, NC 27612. Tax Parcel ID: 0119584 Present Record Owners: Jean Custance. 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, 113217-03184 P1011928 2/7, 02/14/2013
The Wake Forest Weekly
Feb. 7, 14, 2013
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 2431
In the Matter of Foreclosure of a certain Claim of Lien claimed against Debbie Hester dated April 19, 2010, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 10M3435,
Hope Derby Carmichael, Commissioner for Williamsburg Manor Homeowners Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Williamsburg Manor Homeowners Association, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 2206, Page 284, and as supplemented and amended, and because of default in the failure of Debbie Hester 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 1230 Donaldson Court, Cary, NC 27511 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 18, 2013 at 3:30 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 1230 Donaldson Court, Cary, NC 27511, WAKE County, North Carolina, and more particularly described as all of Being all of Lot 32 Block C Williamsburg Manor Phase 2, as shown on the map recorded in Book of Maps 1973, Page 468, 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 Debbie Hester. 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 28th day of January, 2013.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for Williamsburg Manor
Homeowners Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
Feb. 7, 14, 2013
12-SP-3377 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 William Richard Bullock, dated November 19, 2001 and recorded on November 26, 2001 in Book No. 009172, at Page 02574, 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 21, 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: 101 Highfalls Court, Cary, NC 27502. Tax Parcel ID: 0743263580 Present Record Owners: William Richard Bullock. 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, 113217-04218 P1018874 2/7, 02/14/2013
The Wake Forest Weekly
Feb. 7, 14, 2013
12 SP 4156 NOTICE OF FORECLOSURE SALE, North Carolina, Wake County
Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Sanjay Mundra and Pamela W. Mundra dated October 2, 2002 to BB&T Collateral Service Corporation, Trustee for Branch Banking and Trust Company, recorded in Book 9648, Page 241, Wake County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of Wake County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of Wake and State of North Carolina, and more particularly described as follows: Being all of Lot 3, according to a plat entitled “Correction Map of Subdivision Map of Barclay Manor, Barton’s Creek Township, Wake County, N.C.,” dated September 19, 1994, prepared by Smith and Smith Surveyors and recorded in Book of Maps 1994, Page 1434, Wake County Registry, N.C., to which plat reference is made for a more particular description. Property Address: 6216 Barclay Woods Court, Raleigh, NC 27614 Date of Sale: February 15, 2013 at 10:30AM Location of Sale: Wake County Courthouse Record Owner(s): Pamela White Mundra and Sanjay Mundra TERMS OF THE SALE: (1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies. (2) The property is being sold “as is”. Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of sale, terminate the rental agreement upon 10 days written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. (6) An order for possession of the property being sold may be issued pursuant to N.C.G.S. §45-21.29 in favor of the purchaser and against the party or parties in possession, by the Clerk of Superior Court of the county in which the property is sold. SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P. Adam M. Gottsegen, Attorney for Jeff D. Rogers, Substitute Trustee P. O. Box 26268 Raleigh, NC 27611-6268 (919) 250-2000 File No. VMC 97355201, 1009464 2/7, 02/14/2013
The Wake Forest Weekly
Feb. 7, 14, 2013
12 SP 5668 NOTICE OF FORECLOSURE SALE, North Carolina, Wake County
Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Tyrone Pearson and Bonnie D. Pearson dated December 10, 2003 to BB&T Collateral Service Corporation, Trustee for Branch Banking and Trust Company, recorded in Book 10605, Page 1074, Wake County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of Wake County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of Wake and State of North Carolina, and more particularly described as follows: All that certain parcel of land lying and being situated in the County of Wake, State of NC, to-wit: being all of Lot 18, Section One, Autumn Trace Subdivision, Phase 2, as recorded in Book of Maps 1998, Page 1431, of the Wake County Registry. Tax Map Reference: 0668858178 Being that parcel of land conveyed to Tyrone Pearson and wife Bonnie D. Pearson, Tenants by the entirety from Heavenly Homes-Kevin R. Swartz, Inc. By that deed dated 10/12/1999 and recorded 10/15/1999 in Deed Book 8438, at Page 1641 of the Wake County, NC Public Registry. Property Address: 3908 Autumn Creek Dr, Fuquay Varina, NC 27526 Date of Sale: February 15, 2013 at 10:30 A.M. Location of Sale: WAKE County Courthouse Record Owner(s): Tyrone D. Pearson and Bonnie D. Pearson TERMS OF THE SALE: (1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies. (2) The property is being sold “as is”. Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of sale, terminate the rental agreement upon 10 days written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. (6) An order for possession of the property being sold may be issued pursuant to N.C.G.S. §45-21.29 in favor of the purchaser and against the party or parties in possession, by the Clerk of Superior Court of the county in which the property is sold. SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P. Adam M. Gottsegen, Attorney for Jeff Rogers, Substitute Trustee P. O. Box 26268 Raleigh, NC 27611-6268 (919) 250-2000 File No. ALM 97355413, 1015803 2/7, 02/14/2013
The Wake Forest Weekly
Feb. 7, 14, 2013
12 SP 5807 NOTICE OF FORECLOSURE SALE, North Carolina, Wake County
Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Johnny Lynn Hayes and Joy R. Hayes dated February 14, 2008 to BB&T Collateral Service Corporation, Trustee for Branch Banking and Trust Company, recorded in Book 13002, Page 109, Wake County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of Wake County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of WAKE and State of North Carolina, and more particularly described as follows: A parcel of land situated in the State of North Carolina, County of Wake, with a street location address of 8400 Baileycroft Dr; Raleigh, NC 27615-2062 having a tax identification number of 1707.07-69-5981-000 and further described as Lot 12, Baileycroft Subdivision as shown in Book of Maps 1994, Page 481, Wake County Registry. Property Address: 8400 Baileycroft Drive, Raleigh, NC 27615 Date of Sale: February 15, 2013 at 10:30 AM Location of Sale: Wake County Courthouse Record Owner(s): John L. Hayes a/k/a Johnny Lynn Hayes and Joy R. Hayes TERMS OF THE SALE: (1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies. (2) The property is being sold “as is”. Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of sale, terminate the rental agreement upon 10 days written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. (6) An order for possession of the property being sold may be issued pursuant to N.C.G.S. §45-21.29 in favor of the purchaser and against the party or parties in possession, by the Clerk of Superior Court of the county in which the property is sold. SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P. Adam M. Gottsegen, Attorney for Jeff D. Rogers Substitute Trustee P. O. Box 26268 Raleigh, NC 27611-6268 (919) 250-2000 File No. VMC 97355363, 1015807 2/7, 02/14/2013
The Wake Forest Weekly
Feb. 7, 14, 2013
12-SP-2064 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 Enfry A. Balbuena, Flabia G. Balbuena, Diana Carolina Balbuena and Enfry Balbuena, dated September 29, 2006 and recorded on September 29, 2006 in Book No. 012194, at Page 00063, 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 21, 2013 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 3427 Carolyn Drive, Raleigh, NC 27604. Tax Parcel ID: 0047587 Present Record Owners: Enfry A. Balbuena, Flabia G. Balbuena, Diana Carolina Balbuena, Enfry Balbuena and Sandra Revueltas. 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, 113473-06466 P1017423 2/7, 02/14/2013
The Wake Forest Weekly
Feb. 7, 14, 2013
12-SP-4414 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 Mary Ann Craddock, a/k/a Mary A. Craddock, dated March 17, 2011 and recorded on March 30, 2011 in Book No. 014309, at Page 00708, 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 21, 2013 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Fuquay Varina, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 100 Old Spring Hill Ln, Fuquay Varina, NC 27526. Tax Parcel ID: 0169129 Present Record Owners: Mary Ann Craddock, a/k/a Mary A. Craddock. 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 Cornish Law, PLLC 16501 Northcross Drive, Suite D, Huntersville, NC 28078 704-897-3061, 113217-04406 P1013980 2/7, 02/14/2013
The Wake Forest Weekly
Feb. 7, 14, 2013