Wake Co. Notices
NOTICE OF PUBLIC HEARING
Case: SU-13-01 1219 S. MAIN STREET CONSIDERATION OF A REQUEST FILED BY JDANIELS ENTERPRISES, INC, FOR A SPECIAL USE PERMIT TO ALLOW AN AUTO REPAIR FACILITY LOCATED AT 1219 S. MAIN STREET, BEING TAX PIN 1840-85-7749
The public will take notice that the Wake Forest Planning Board and the Board of Commissioners will hold a joint public hearing on Tuesday March 5, 2013 at 7:30 PM in the Wake Forest Town Hall. The purpose of the hearing is for consideration of a request filed JDaniels Enterprises, Inc for a SPECIAL USE PERMIT to allow an auto repair facility located at 1219 S. Main Street, being TAX PIN: 1840-85-7749.
The Planning Board will consider the request at its regular meeting on Tuesday March 5, 2013, at 7:30 PM and make a recommendation to the Board of Commissioners. The Board of Commissioners, at its regular meeting on Tuesday March 19, 2013, at 7:00 PM will consider the petition and the recommendation of the Planning Board and may, in its discretion, choose to modify it.
All interested citizens are invited to attend the hearing. More detailed information about the request may be obtained from the Planning Department – located at 301 South Brooks Street, Wake Forest, NC 27587.
Deeda Harris
Town Clerk
The Wake Forest Weekly
Feb. 21, 28, 2013
NOTICE OF PUBLIC HEARING
CASE NO. ZA-13-01
CONSIDERATION OF
AMENDMENTS TO THE
WAKE FOREST
ZONING ORDINANCE
The public will take notice that the Wake Forest Planning Board and the Board of Commissioners will hold a joint public hearing on Tuesday, March 5, 2013 at 7:30 p.m. in the Wake Forest Town Hall. The purpose of the hearing is to consider amending the Wake Forest Zoning Ordinance, specifically, Article XIII. Part 3. Section B.1. Basis for Establishing the Special Flood Hazard Areas and Future Conditions Flood Hazard Areas. Copies of the proposed amendments are on file at the Wake Forest Planning Department and available for public review during business hours.
The public and interested parties should take notice that substantial changes might be made in the advertised proposal reflecting objections, debate, and discussion at the hearing.
The Planning Board will consider this request at its regular, meeting on Tuesday, March 5, 2013 and may make a recommendation to the Board of Commissioners. The Board of Commissioners, at its regular meeting on Tuesday, March 19, 2013, may consider this request and the recommendation of the Planning Board and may, in its discretion, choose to modify it.
All interested citizens are invited to attend the hearing. More detailed information about the request may be obtained from the Planning Office at 301 South Brooks Street, Wake Forest, NC 27587-2932.
Deeda Harris
Town Clerk
The Wake Forest Weekly
Feb. 21, 28, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Robert Peabody Brainard, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before May 22, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 21st day of February, 2013.
Marlene L. Brainard, Executor
3407 Balfour West
Durham, NC 27713
The Wake Forest Weekly
Feb. 21, 28, 2013
March 7, 14, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Mary Susan Lee, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before May 22, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 21st day of February, 2013.
Richard Wall, Executor
3000 Highwoods Blvd., Suite 105
Raleigh, NC 27604
The Wake Forest Weekly
Feb. 21, 28, 2013
March 7, 14, 2013
INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of
Massachusetts
The Trial Court
Probate and Family Court
Docket No. PL12P2181EA
Plymouth Division
52 Obery Street, Suite 1130
Plymouth, MA 02360
508-747-8400
Estate of: Carol L. Wilder
Date of Death: October 6, 2012
To all persons interested in the above captioned estate, by Petition of Petitioner David K. Lee of Winthrop, ME, a Will has been admitted to informal probate. David K. Lee of Winthrop, ME, has been informally appointed as the Personal Representative of the estate to serve without surety on the bond.
The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner.
Kenneth D. Kerr, Attorney at Law
1147 Hancock Street
Quincy, MA 02169
Tel: (617) 471-0275
The Wake Forest Weekly
Feb. 21, 2013
NOTICE
All persons, firms or corporations having claims against Jacqueline K. Wilk, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before May 22, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 21st day of February, 2013.
Jennifer M. Garcia, 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
Feb. 21, 28, 2013
Mar. 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 of Public/Private Sale
March 2nd 2013 at 9:00 a.m.
In accordance with the North Carolina State Lien Laws, General Sections 44A-40 et. Seq., and 44A-43(c), in particular, Notice is herby given that:
A-1 Personal Storage at 10880 Star Road, Wake Forest NC 27587 (the “Lienor”) is holding a sale, by public/private auction, as follows:
A sale of the property stored in Units 519, 240, 552, 336, 319, 441, 237, 353, 508, 225, 559, 577, and 575 at the A-1 Personal Storage self-service storage facility at 10880 Star Road, Wake Forest NC 27587. The Auction will begin on March 2nd, 2013 at 9:00 a.m.
The various items of personal property are being sold pursuant to the assertion of a Lien for rental at the above-referenced self-service storage facility.
The sale shall occur at:
Place: A-1 Personal Storage 10880 Star Rd. Wake Forest, N.C. 27587
Date: March 2nd 2013
Time: 9:00 a.m.
Eboni Fogg Unit 519
Michael Harper Unit 240
Martina Lattimore Unit 552
Doug McCullagh Unit 336
Janice Matos Unit 319
Gregory Golightly Unit 441
Marisa Harris Unit 237
David Stella Unit 353
Katrina Harris Unit 508
Izzy Horton Unit 225
Izzy Horton Unit 559
Sam Boone Unit 577
Sam Boone Unit 575
The Wake Forest Weekly
Feb. 21, 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 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 148
In Re: J.C.M., d.o.b. 7/25/1998
To: Donald Whitley, aka Donald Whitley, Jr., father of a child born to Renee McClain on 7/25/1998
To: the Unknown father of a child born to Renee McClain on 7/25/1998
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 April 3, 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 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: Lisa Ferrell, 200/200 E.Martin St., Raleigh, NC 27601, (919) 832-6111. 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 21st day of February, 2013.
Suzanne Padgett
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
(919) 856-5500
The Wake Forest Weekly
Feb. 21, 28, 2013
March 7, 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 238, 239,
12 JT 65
In Re: M.J.-C.T., d.o.b. 5/24/2007; M.J.C.T., d.o.b. 7/28/2010; M.J.C.T., d.o.b. 11/22/2011
To: Maurice Williams, father of a child born to Danielle Marie Taylor on 5/24/2007
D’Armon Burgin, aka Darmen Burgin, father of a child born to Danielle Marie Taylor on 7/28/2010
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 April 2, 2013, and upon your failure to do so the party seeking relief against you will apply to the Court for the relief herein sought.
You are entitled to attend any hearing affecting you rights. You are entitled to have counsel appointed by the Court if you 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: Maurice Williams contact James Hunt, PO Box 808, Raleigh, NC 27602; telephone (919) 752-6911. D’Armon Burgin/Darmen Burgin contact James Bell, 5640 Six Forks Rd., Raleigh, NC 27609; telephone (919) 549-4999. At the first hearing, the Court will determine whether you qualify for a court-appointed lawyer. If you do not qualify, the lawyer named above will be released. A pre-trial hearing in this matter is scheduled for April 8, 2013, at 9:00 a.m. in Courtroom 4C of the Wake County Courthouse, Raleigh, North Carolina.
This the 21st day of February, 2013.
Julia B. Southwick
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
(919) 856-5500
The Wake Forest Weekly
Feb. 21, 28, 2013
March 7, 2013
NOTICE OF SERVICE OF
PR0CESS BY PUBLICATION
NORTH CAROLINA,
WAKE COUNTY
In the Superior Court
12 CVS 12185
Tim Andrews aka DJ Inferno v. Victor Owusu aka V.I.C. et al.
To Victor Owusu aka V.I.C.:
To Miguel Valdettaro dba VIC Rap & Hip Hop Concert:
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 Breach of Contract, Fraud, Unfair and Deceptive Trade Practices and Punitive Damages.
You are required to make defense to such pleading not later than April 2, 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 21st day of February, 2013.
Lynn A. Prather, Kurtz & Blum, PLLC
16 West Martin Street, 10th Floor,
Raleigh, North Carolina 27601
The Wake Forest Weekly
Feb. 21, 28, 2013
March 7, 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 SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
09 SP 4886
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Draymoor Manor Townhome Association, a North Carolina Corporation against, Basil I. Uzochukwu
Owner.
Lien Dated: 09/08/2009 Recorded as 09 M 7458 in the Office of the Clerk of Superior Court.
Under and by virtue of the power and authority contained in the Declaration of Covenants, Restrictions and
Easements for Draymoor Manor Townhomes, and pursuant to the provisions of Chapters 47 of the North Carolina General Statutes, and because of default in the payment of certain assessments secured by a Claim of Lien dated 09/08/2009 and recorded as 09 M 7458 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 7th day of March, 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 77 in Block T in Draymoor Manor Subdivision, as shown on a map thereof recorded in Book of Maps 2005, Page 270, Wake County Registry
Commonly known as: 13140 Ashford Park Drive, Raleigh, NC 27613
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owner of the above-described real property as reflected on the records of the Wake County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Basil I. Uzochukwu.
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 ofthe property may be issued pursuant to N.C.G.S. 45-21.29 in favor ofthe purchaser and against the party or parties in possession by the Clerk of Superior Court. Furthermore, any person who is occupying the property pursuant to a rental agreement entered into or renewed on or after October 1,2007, may, after receiving this Notice of Sale, terminate the rental agreement upon ten (10) days written notice to the landlord. Upon termination o fthe 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 24 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
Feb. 21, 28, 2013
12-SP-2525 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 Anne B. Aurilio and Brian H. Aurillo a/k/a Brian H. Aurilio, dated July 12, 2006 and recorded on July 12, 2006 in Book No. 12058 at Page 166 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 March 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: 4844 Tommans Trail, Raleigh, NC 27616. Tax Parcel ID: 0298320 Present Record Owners: Anne B. Aurilio and Brian H. Aurillo a/k/a Brian H. Aurilio. 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. Attorney at Law Rogers Townsend & Thomas, PC Substitute Trustee 2550 West Tyvola Road, Suite 520 Charlotte, NC 28217 (704)442-9500, 113217-03856 P1021400 2/21, 02/28/2013
The Wake Forest Weekly
Feb. 21, 28, 2013
12-SP-3441 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 Joy D. Curry, dated April 26, 2004 and recorded on April 30, 2004 in Book No. 010798 at Page 00559 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 March 7, 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: 5841 Arbaugh Court, Raleigh, NC 27610. Tax Parcel ID: 0310342 Present Record Owners: Joy D. Curry. 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, 113217-03607 P1020336 2/21, 02/28/2013
The Wake Forest Weekly
Feb. 21, 28, 2013
12-SP-4865 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 Elizabeth Clement, dated December 15, 2006 and recorded on December 18, 2006 in Book No. 012315 at Page 01996 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 March 7, 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: 3703 Bison Hill Lane, Raleigh, NC 27604. Tax Parcel ID: 1725582056 Present Record Owners: Elizabeth Clement. 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, 113217-04060 P1020337 2/21, 02/28/2013
The Wake Forest Weekly
Feb. 21, 28, 2013
12-SP-5151 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 Beverly F. Burnette, dated December 19, 2000 and recorded on December 20, 2000 in Book No. 008761 at Page 02148 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 March 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: 417 Chadwick Drive, Raleigh, NC 27609. Tax Parcel ID: 0079175 Present Record Owners: Beverly F. Burnette. 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. Attorney at Law Rogers Townsend & Thomas, PC, Substitute Trustee 2550 West Tyvola Road, Suite 520 Charlotte, NC 28217 (704)442-9500, 112854-00833 P1021398 2/21, 02/28/2013
The Wake Forest Weekly
Feb. 21, 28, 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