Wake Co. Notices
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Benedicta Ugo Ozoma, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before June 15, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 14th day of March, 2013.
Ifeoma Ugo Ozoma, Executor
3005 Ranburne Drive
Raleigh, NC 27610
The Wake Forest Weekly
March 14, 21, 28, 2013
April 4, 2013
NOTICE
All persons, firms or corporations having claims against MARION ROSARIA CODY, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before June 6, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 26th day of February 2013.
Philip Cody, Administrator
c/o R. Keith Shackleford, Attorney
Warren Shackleford, Attorneys PLLC
Post Office Box 1187
Wake Forest, NC 27588-1187
(919) 556-3134
The Wake Forest Weekly
Mar. 7, 14, 21, 28, 2013
NOTICE
All persons, firms or corporations having claims against JOSEPHINE RAY DAVIS, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before June 6, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 26th day of February 2013.
Linwood Earl Davis, Administrator
c/o R. Keith Shackleford, Attorney
Warren Shackleford, Attorneys PLLC
Post Office Box 1187
Wake Forest, NC 27588-1187
(919) 556-3134
The Wake Forest Weekly
Mar. 7, 14, 21, 28
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Ruby Ellen King, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before June 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 March, 2013.
Arthur E. King, Executor
3233 Forestville Road
Raleigh, NC 27616
The Wake Forest Weekly
Mar. 7, 14, 21, 28, 2013
NOTICE
All persons, firms or corporations having claims against LOFTON VERNON O’NEAL, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before June 6, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This, the 26th day of February 2013.
Royster W. O’Neal, Administrator
c/o R. Keith Shackleford, Attorney
Warren Shackleford, Attorneys PLLC
Post Office Box 1187
Wake Forest, NC 27588-1187
(919) 556-3134
The Wake Forest Weekly
Mar. 7, 14, 21, 28, 2013
NOTICE TO CREDITORS
The undersigned, having qualified as Executor of the Estate of MARY P. SALERNO, deceased, of Cary, Wake County, North Carolina, does hereby notify all persons, firms and corporations having claims against the estate of said decedent to present them to the undersigned on or before the 5th day of June, 2013, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.
This the 4th day of March, 2013.
Eugene P. Salerno,
Executor
102 Grattan Court
Morrisville, NC 27560
The Wake Forest Weekly
March 7, 14, 21, 28, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Miriam H. Smith, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before June 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 March, 2013.
Lisa E. Lawrence
1006 Blackpine Court
Knightdale, NC 27545
The Wake Forest Weekly
Mar. 7, 14, 21, 28, 2013
NOTICE TO CREDITORS
All persons, firms or corporations having claims against Anna Maria Wilder, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before June 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 March, 2013.
Maggie Alanna Wilder
Administrator CTA
2611 Ivory Run Way, Unit 103
Raleigh, NC 27603
The Wake Forest Weekly
March 7, 14, 21, 28, 2013
NOTICE TO CREDITORS
All persons, firms, and corporations having claims against Bernadine H. Harris, deceased, whose last address is 801 Dixie Trail, Raleigh, NC 27607, are notified to exhibit them to the undersigned on or before May 29, 2013 or be barred from their recovery. Debtors of the decedent are asked to make immediate payment.
This 28th day of February, 2013.
Lowry Brooks Harris Stevens,
Executor
Estate of Bernadine H. Harris
c/o Matthew S. Black
2601 Oberlin Road, Suite 100
Raleigh, NC 27608
Matthew S. Black
Pinna, Johnston & Burwell, P.A.
2601 Oberlin Road, Suite 100
Raleigh, NC 27608
The Wake Forest Weekly
Feb. 28, 2013
Mar. 7, 14, 21, 2013
NOTICE TO CREDITORS
STATE OF NORTH CAROLINA
COUNTY OF WAKE
THE UNDERSIGNED, having qualified on the 14th day of February, 2013, as Executor of THE ESTATE OF PATRICK PETERSEN AKA PATRICK MICHAEL PETERSEN, Deceased, of Wake County, North Carolina, does hereby notify all persons, firms and corporations having claims against said Estate to exhibit them to the undersigned on or before the 28th day of May 2013, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment to the undersigned.
This, the 28th day of February, 2013.
Maureen Petersen
3 Chiswell Court
Durham, NC 27705
SHIRLEY M. DIEFENBACH, ESQ.
WALKER, LAMBE, RHUDY,
COSTLEY & GILL, P.L.L.C.
Post Office Box 51549
Durham, North Carolina 27717-1549
The Wake Forest Weekly
Feb. 28, 2013
March 7, 14, 21, 2013
NOTICE
All persons, firms or corporations having claims against Jo S. Philbeck, deceased, of Wake County, North Carolina, are notified to exhibit the same to the undersigned on or before May 29, 2013, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.
This the 28th day of February, 2013.
John Walter Philbeck, Executor
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. 28, 2013
March 7, 14, 21, 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
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 OF PUBLIC SALE
At the following locations:
2845 U.S. Highway One, Franklinton, NC 27525
Unit B042 Georgette Wilson
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, March 30, 2013 at the Gatekeeper locations listed above.
The Wake Forest Weekly
March 14, 21, 2013
Forfeiture
DEPARTMENT OF HOMELAND SECURITY, OFFICE OF FINES, PENALTIES, AND FORFEITURES, U.S. CUSTOMS AND BORDER PROTECTION, CHARLOTTE, NC, FEBRUARY 28, 2013. Notice is hereby given that the following property was seized in Granville County, North Carolina on October 3, 2012, under the provisions of title 18, United States Code, section 981, for violation of title 18, United States Code, section 1956: $44,469.00 U.S. Currency. Anyone asserting an interest and claim to the property must file, within twenty (20) days from the date of first publication of this notice, a claim with the Fines, Penalties, and Forfeitures Officer, Customs and Border Protection, 1901 Cross Beam Drive, Charlotte, N.C., 28217, in default of which the seized property will be forfeited as prescribed by law. Barry R. Small, FP&F Officer
The Wake Forest Weekly
Feb. 28, 2013
Mar. 7, 14, 2013
NOTICE OF PETITION FOR
TERMINATION OF
PARENTAL RIGHTS
STATE OF NORTH CAROLINA
IN THE GENERAL
COURT OF JUSTICE
WAKE COUNTY
12 JT 325
RE: Baby Boy Lewis, a minor child
TO: Rene Thomas or any other unknown father
NOTICE is hereby given as of the date listed below that a petition has been filed for the Termination of the Parental Rights of the person(s) named above, regarding a male child, born to Nicole Jane Lewis, a 28-year old woman, on September 2, 2012 in Raleigh, North Carolina. According to the child’s mother, conception of said child occurred in January of 2012, in Wake County, North Carolina.
In order to participate in and receive further notice of the proceeding, including notice of the time and place of any hearing, you must file a written response to this petition with the Wake County Clerk of Superior Court within 40 days after the date of this notice. You have a right to be represented by a lawyer in this case. If you want a lawyer and cannot afford one, the Court will appoint a lawyer for you. You are entitled to attend any hearing affecting your parental rights. If you file an answer within the 40-day period described above, the Clerk will mail you a notice of the date, time, and location of any such hearing. If you fail to respond to this notice within that time, the Court may enter an order terminating any parental rights you may have with respect to the child described above.
The Court has provisionally appointed the following attorney to represent Rene Thomas: Brian Demidovich, 211 E. Six Forks Rd., Bldg 205, Raleigh, NC 27609 (phone: 919- 424-8319).
Dated: March 14, 2013
Heyward G. Wall
Attorney for the Petitioner
133 Highway 70 West
Garner, NC 27529
(919) 661-3366
The Wake Forest Weekly
March 14, 21, 28, 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. 12 JT 66
In Re: E.L.S, d.o.b. 2/21/2012
To: Timothy Settle, father of a male child born to Amanda Trimble on 2/21/2012
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 40 days from the first publication of this notice. 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: 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. A pre-trial hearing and a hearing on the petition to terminate parental rights will be held on April 29, 2013, at 9:00 a.m. in Courtroom 4C of the Wake County Courthouse.
This the 7th day of March, 2013.
Julia B. Southwick
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
(919) 856-5500
The Wake Forest Weekly
March 7, 14, 21, 2013
SUMMONS
STATE OF WISCONSIN
IRON COUNTY
CIRCUIT COURT
Case No. 13-CV-14 Code Classification: 30405
Hon. Patrick J. Madden
THE COUNTY OF IRON,
Plaintiff,
v.
DONALD E. WOOD, JR., JASON
WOOD, LEROY WOOD, and ALL
OTHER HEIRS OF PATRICIA WOOD,
a/k/a PATRICIA J. WOOD, deceased,
Defendants.
THE STATE OF WISCONSIN, TO EACH PERSON NAMED ABOVE AS DEFENDANT:
SUMMONS
JASON WOOD
<address unknown>
You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is attached, states the nature and basis of the legal action.
Within twenty (20) days of receiving this summons, you must respond with a written answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the complaint. The court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the court, whose address is: Iron County Courthouse, Attn: Karen Ransanici, Clerk of Courts, 300 Taconite Street, Suite 207, Hurley, WI 54534 and to plaintiff’s attorney, Michael K. Pope, whose address is 204 N. Harrison St., Ironwood, MI. 49938. You may have an attorney help or represent you.
If you do not provide a proper answer within twenty (20) days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property.
Dated: 2/20/13
DEAN & POPE, P.C.
By:/s/ Michael K. Pope
MICHAEL K. POPE (1036731)
Attorney for Plaintiff County of Iron
Business Address:
Woodlands Professional Building
204 North Harrison
Ironwood, MI 49938
Telephone: (906) 932-4010
The Wake Forest Weekly
Mar. 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. 10 JT 155, 11 JT 162
In Re: Z.D.W., d.o.b. 8/21/2009
Q.D.G., dob 10/10/2010
To: John Doe, father of Z.D.W., a male child born to Claresa Williams on 8/21/2009, in Wake County, NC
John Doe, father of Q.D.G., a male child born to Claresa Williams on 10/10/2010, in Wake County, NC
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 10, 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 28th day of February, 2013
Suzanne Padgett
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
919) 856-5500
The Wake Forest Weekly
Feb. 28, 2013
Mar. 7, 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 78 & 79
In Re: J.J.P.., d.o.b. 2/24/10
To: Travis Ramsey, father of J.J.P., a male child born to Jacquella Percell on 2/24/10 in Wake County, NC
Drew Smith, father of J.J.P., a male child born to Jacquella Percell on 2/24/10 in Wake County, NC
The unknown father of J.J.P., a male child born to Jacquella Percell on 2/24/10 in Wake County, NC
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 10, 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: Drew Smith, contact Robin Strickland at 219 W. Martin St., Raleigh, NC 27601, (919) 740-4004; Travis Ramsey, contact James Bell at 5640 Six Forks Rd., Ste. 201, Raleigh, NC 27609, (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.
To the unknown father, 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 28th day of February, 2013.
Suzanne Padgett
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
(919) 856-5500
The Wake Forest Weekly
Feb. 28, 2013
March 7, 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. 12 JT 67
In Re: L.M.S., d.o.b. 5/31/2011
To: the unknown father of L.M.S., d.o.b. 5/31/2011, a male child born in Vance County, North Carolina to Sara Hughes on 5/31/2011
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 10, 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 28th day of February, 2013.
Suzanne Padgett
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
(919) 856-5500
The Wake Forest Weekly
Feb. 28, 2013
March 7, 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. 12 JT 153-154
In Re: F.L.B., d.o.b. 4/20/2009
To: Step, father of F.L.B., a female child born to Shawanna Batts on 4/20/2009
To: The Unknown father of F.L.B, a female child born to Shawanna Batts on 4/20/2009
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 10, 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 28th day of February, 2013.
Suzanne Padgett
Attorney for Petitioner
P.O. Box 550
Raleigh, NC 27602
(919) 856-5500
The Wake Forest Weekly
Feb. 28, 2013
Mar. 7, 14, 2013
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
08 SP 5811
In the Matter of Foreclosure of a certain Claim of Lien claimed against Willie M. Royster dated July 11, 2008, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 08 M 4582,
Hope Derby Carmichael, Commissioner for Sandy Springs Townhomes Association,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Sandy Springs Townhomes Association recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 7776, Page 632, and as supplemented and amended, and because of default in the failure of Willie M. Royster 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 1822 Stroll Circle, Fuquay-Varina, NC 27526 and pursuant to the Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on March 25, 2013 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 1822 Stroll Circle, Fuquay-Varina, NC 27526, WAKE County, North Carolina, and more particularly described as all of Lot 36, Sandy Springs Townhomes, Phase IB, as shown on the map recorded in Book of Maps 1999, Page 503, 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 Willie M. Royster. 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 4th day of March, 2013.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for Sandy Springs
Townhomes Association
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
March 14, 21, 2013
11-SP-3973 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 Jose Rodriguez aka Jose Rodriquez and Janette Cardoza Rodriguez, dated April 23, 2007 and recorded on April 23, 2007 in Book No. 12510 at Page 1252 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 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: 6308 Diamond Drive, Raleigh, NC 27610. Tax Parcel ID: 0054243 Present Record Owners: Jose Rodriguez aka Jose Rodriquez and Janette Cardoza. 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 (803)744-4444, 113217-03178 P1026207 3/14, 03/21/2013
The Wake Forest Weekly
March 14, 21, 2013
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 071
In the Matter of Foreclosure of a certain Claim of Lien claimed against William Hardwick, III and Angela Davis Hardwick dated April 1, 2010, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 10 M 3020,
Hope Derby Carmichael, Commissioner for The Village at Rolesville Homeowners Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for The Village at Rolesville Homeowners Association, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 10344, Page 2286, and as supplemented and amended, and because of default in the failure of William Hardwick, III and Angela Davis Hardwick 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 399 Virginia Water Drive, Rolesville, NC 27571 and pursuant to Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on March 25, 2013 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 399 Virginia Water Drive, Rolesville, NC 27571, WAKE County, North Carolina, and more particularly described as all of All of Lot 149 in The Village at Rolesv ille Subdivision, Phase 5, Tract 4, as shown on the map recorded in Book of Maps 2005, Page 917, 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 William Hardwick, III and Angela Davis Hardwick. 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 25th day of February, 2013.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for The Village at Rolesville
Homeowners Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
March 14, 21, 2013
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 543
In the Matter of Foreclosure of a certain Claim of Lien claimed against Ignacio Cervantes dated July 11, 2011, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 11M4782,
Hope Derby Carmichael, Commissioner for Churchill Community Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Churchill Community Association, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 11744, Page 829, and as supplemented and amended, and because of default in the failure of Ignacio Cervantes 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 4510 Joe Cotton Drive, Knightdale, NC 27545 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 March 25, 2013 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 4510 Joe Cotton Drive, Knightdale, NC 27545, WAKE County, North Carolina, and more particularly described as all of Being all of Lot 423 Phase 3 Churchill , as shown on the map recorded in Book of Maps 2008, Page 1885-1890, 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 Ignacio Cervantes. 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 25th day of February, 2013.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for Churchill
Community Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
March 14, 21, 2013
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 3450
In the Matter of Foreclosure of a certain Claim of Lien claimed against Demitrius L. Bullock dated March 25, 2010, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 10M2765,
Hope Derby Carmichael, Commissioner for Battle Ridge at Chastain Community Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Battle Ridge at Chastain Community Association, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 10865, Page 470, and as supplemented and amended, and because of default in the failure of Demitrius L. Bullock 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 3750 Marshlane Way, Raleigh, NC 27610 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 March 25, 2013 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 3750 Marshlane Way, Raleigh, NC 27610, WAKE County, North Carolina, and more particularly described as all of Being all of Lot 368 Battle Ridge North Phase 1&2, as shown on the map recorded in Book of Maps 2005, Page 1695-1701, 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 Demitrius L. Bullock. 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 25 day of February, 2013.
JORDAN PRICE WALL GRAY
JONES & CARLTON
Jeffrey J. Goebel
Attorney for Battle Ridge at Chastain
Community Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
March 14, 21, 2013
12 SP 4725 NOTICE OF SALE North Carolina, Wake County In the General Court of Justice before the Clerk
in the matter of the foreclosure under that power of sale granted in the Declaration of Covenants, Conditions and Restrictions for Bingham Station Community Association, Inc. recorded in book 11047, page 948, Wake County Registry, concerning Tristan Devon Branch and Tamika Leslie Branch. Under and by virtue of the power of sale contained in the Declaration of Covenants, Conditions and Restrictions, as well as Chapter 47F of the North Carolina General Statues; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of Wake County, North Carolina; the undersigned Commissioner will offer for sale at public auction to the highest bidder for cash, the property described as follows: Being all of Lot 210, Bingham Station Subdivision, Phase 2, as recorded in Book of Maps 2005, Page 2015, Wake County Registry. Property Address: 189 Depot Ridge Rd., Garner, NC 27529 Date of Sale: March 28, 2013 at 10:30 A.M. Location of Sale: Wake County Courthouse Record Owner(s): Tristan Devon Branch and Tamika Leslie Branch 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 Petitioner, nor the undersigned Commissioner, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Commissioner 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. This the 17th day of January, 2013. SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P. Adam M. Gottsegen, Commissioner Post Office Drawer 26268 Raleigh, NC 27611 (919) 250-2000 File No. KMA 10024129, 1016132 3/14, 03/21/2013
The Wake Forest Weekly
Mar. 14, 21, 2013
NOTICE OF LIEN HOLDER’S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 5281
In the Matter of Foreclosure of a certain Claim of Lien claimed against Randy King and Carolyn King dated May 25, 2012, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 12 M 3167,
Hope Derby Carmichael, Commissioner for Cambridge and Wyndfall Community Association, Inc.,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Cambridge and Wyndfall CommunityAssociation, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book 6014, Page 811, and as supplemented and amended, and because of default in the failure of Randy King and Carolyn King to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 303 Canon Gate Drive, Cary, NC 27518 and pursuant to Order of Clerk of Superior Court of WAKE County, North Carolina entered in the above-captioned foreclosure proceeding, the Commissioner will expose for sale at public auction on March 25, 2013 at 1:15 p.m. at the usual place of sale at the WAKE County Courthouse, that certain real property (including any improvements thereon) located at 303 Canon Gate Drive, Cary, NC 27518, WAKE County, North Carolina, and more particularly described as all of Lot 94 Danbury Subdivision Phase VIII , as shown on the map recorded in Book of Maps 1998, Page 31, 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 Randy King and Carolyn King. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Commissioner for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by certified check at the time the Commissioner tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
This the 25th day of February, 2013.
JORDAN PRICE WALL
GRAY JONES & CARLTON
Jeffrey J. Goebel
Attorney for Cambridge and
Wyndfall Community
Association, Inc.
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
March 14, 21, 2013
12-SP-2211 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 Michael Barron and Debra W. Barron, dated July 11, 2007 and recorded on July 17, 2007 in Book No. 012657 at Page 01294 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 28, 2013 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Holly Springs, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1201 Stephen Springs Ct, Holly Springs, NC 27540. Tax Parcel ID: 0182876 Present Record Owners: Michael Barron and Debra W. Barron. 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 (803)744-4444, 113470-00471 P1026298 3/14, 03/21/2013
The Wake Forest Weekly
March 14, 21, 2013
12-SP-2660 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 Morgan L. Johnson and Inneke Johnson, dated September 30, 2005 and recorded on September 30, 2005 in Book No. 011610 at Page 02330 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 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: 5329 Wayne St, Raleigh, NC 27606. Tax Parcel ID: 0783118816 Present Record Owners: Morgan L. Johnson and Inneke 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. Tamara R. Cornish, Substitute Trustee (803)744-4444, 112854-01043 P1026226 3/14, 03/21/2013
The Wake Forest Weekly
March 14, 21, 2013
12-SP-4197 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 Putaruck Kai Thirakul and Bounsanith Thirakul, dated April 11, 2003 and recorded on February 4, 2005 in Book No. 011210 at Page 02712 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 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: 7620 Coppersmith Court, Raleigh, NC 27615. Tax Parcel ID: 0119506 Present Record Owners: Putaruck Kai Thirakul and Bounsanith Thirakul. 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 (803)744-4444, 113473-06777 P1026189 3/14, 03/21/2013
The Wake Forest Weekly
March 14, 21, 2013
12-SP-4201 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 Edward C. Hines and Keli A. Hines, dated February 22, 2008 and recorded on February 27, 2008 in Book No. 012972 at Page 01672 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 28, 2013 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Knightdale, County of Wake, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1001 Manderleigh Drive, Knightdale, NC 27545. Tax Parcel ID: 339901 Present Record Owners: Edward C. Hines. 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 (803)744-4444, 113210-00525 P1026300 3/14, 03/21/2013
The Wake Forest Weekly
March 14, 21, 2013
12-SP-4434 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 James Henry Harris Jr. and James H. Harris, III, dated April 5, 2007 and recorded on April 5, 2007 in Book No. 012485, at Page 00327-00342, 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 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: 6175 Bushmills Street, Raleigh, NC 27613. Tax Parcel ID: 0124971 Present Record Owners: The Estate of James Henry Harris, Jr. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee (803)744-4444, 113334-00296 P1026217 3/14, 03/21/2013
The Wake Forest Weekly
March 14, 21, 2013
NOTICE OF SUBSTITUTE
TRUSTEE’S FORECLOSURE
SALE OF REAL PROPERTY
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
13-SP-126
In the Matter of the Foreclosure of the Deedof Trust Securing Future Advances executed by S & H Realty Investors, L.L.C., Grantor, to CB Services Corp., Original Trustee, as recorded in Book 12884, Page 953 ofthe Wake County Public Registry; and
In the Matter of the Foreclosure of the Deedof Trust Securing Future Advances executed by S & H Realty Investors, L.L.C., Grantor, to Original Trustee, as recorded in Book 12884, Page 981 of the Wake County Public Registry.
See Substitution of Trustee which SubstitutesLouis E. Wooten, III as Substitute Trustee inthe place and stead of Original Trustee, asrecorded in Book 15073, Page 184 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deeds of Trust Securing Future Advances from S & H Realty Investors, L.L.C. to CB Services Corp. (the “Original Trustee”) for the benefit of RBC Centura Bank recorded in Book 12884, Page 953 and Book 12884, Page 981 of the Wake County Public Registry (“Deeds of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property commonly known as Unit #5613-111 on plat entitled “Duraleigh Office Park” and as more fully described in Exhibit A attached to the Deeds of Trust (which description is fully incorporated herein by reference), together with all rights, privileges and appurtenances thereto (the “Property”).
The record owner of the Property as reflected by the records of the Register of Deeds of Wake County not more than ten (10) days prior to the posting of this Notice was S & H Realty Investors, L.L.C.
The Property will be sold subject to any and all matters superior to the lien of the Deeds of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deeds of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: March 26, 2013
HOUR OF SALE: 10:00 a.m.
PLACE OF SALE: Wake County Courthouse
This the 27th day of February, 2013.
Louis E. Wooten, III,
Substitute Trustee
The Wooten Law Firm
3737 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612
Telephone: (919)-573-6118
The Wake Forest Weekly
Mar. 14, 21, 2013
NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
WAKE COUNTY
BEFORE THE CLERK
13 SP 330
In the Matter of the Foreclosure of the Deed of Trust of R. DARYLE BUFFKIN,
Grantor,
TO: Haywood A. Lane, Jr.,
Trustee,
As recorded in Book 8413, Page 2588 of Wake County Registry.
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by R. Daryle Buffkin, dated September 13, 1999, and recorded in the Office of the Register of Deeds for Wake County, North Carolina, in Book 8413, Page 2588, 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 Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Wake County, North Carolina, entered in this foreclosure proceeding, Haywood A. Lane, Jr., Trustee, will expose for sale at public auction on the 26th day of March, 2013, at 11:00 a.m. o’clock at the Salisbury Street entrance of the Wake County Courthouse, Raleigh, North Carolina, the following described real property (including the house and any other improvements thereon):
See Attached Exhibit A
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 R. Daryle Buffkin.
Pursuant to North Carolina General Statute §45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale, a cash deposit of ten (10%) percent of the bid up to and including $1,000.00 plus five (5%) percent of any excess over $1,000.00. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance 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).
This sale will be held open ten (10) days for upset bids as required by law.
If the property is residential property with less than 15 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. Any person who occupies the property pursuant to a rental agreement entered into after October 1, 2007 may, after receiving the Notice of Sale, terminate the rental agreement upon ten (10) days written notice to the landlord, but said person is liable for rent due under the rental agreement prorated to the effective date of termination.
This the 17th day of January, 2013.
John N. McClain, Jr.
Attorney for Trustee
HATCH, LITTLE & BUNN, L.L.P.
327 Hillsborough Street
P. O. Box 527
Raleigh, North Carolina 27602
Telephone: (919) 856-3940
Exhibit A (To Deed of Trust)
BEGINNING at an iron pipe in the northern right-of-way line of Waldo Street, said point being North 61 degrees 30 minutes West 182.0 feet from the northwestern corner of Waldo Street and Hunter Street in the Town of Cary, North Carolina; runs thence along the northern right-of-way line of Waldo Street North 61 degrees 30 minutes West 50.0 feet to an iron pipe; runs thence North 28 degrees 30 minutes East 100.0 feet to an iron pipe; runs thence South 61 degrees 30 minutes East 50.0 feet to an iron pipe; runs thence South 28 degrees 30 minutes West 100.0 feet to the point and place of BEGINNING, as shown by survey dated May 21, 1974, by Moore, Gardner and Associates, Inc., entitled the “Property of Mark S. Bowie and wife, Cary, N.C.”, and being all of that property conveyed by deed dated the 31st day of May, 1973, from Ruth Haddock Williams (widow) to David Lee Kilpatrick (single) as recorded in Book 2164, Page 155, Wake County Registry.
The Wake Forest Weekly
March 14, 21, 2013
NOTICE OF SALE
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
13 SP 442
In the Matter of the Foreclosure of the Deed of Trust of RENWICK LEE
TART and JULIA TART,
Grantors,
TO: John B. Adcox,
Trustee,
As recorded in Book 13206, Page 2530 of Wake County Registry.
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Renwick Lee Tart and wife, Julia tart, dated August 7, 2008, and recorded in the Office of the Register of Deeds for Wake County, North Carolina, in Book 13206, Page 2530, 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 Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Wake County, North Carolina, entered in this foreclosure proceeding, John B. Adcox, Trustee, will expose for sale at public auction on the 26th day of March, 2013, at 11:00 a.m. o’clock at the Salisbury Street entrance of the Wake County Courthouse, Raleigh, North Carolina, the following described real property (including the house and any other improvements thereon):
See Attached Exhibit A
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 are Renwick Lee Tart and Julia Tart.
Pursuant to North Carolina General Statute §45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale, a cash deposit of ten (10%) percent of the bid up to and including $1,000.00 plus five (5%) percent of any excess over $1,000.00. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance 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).
This sale will be held open ten (10) days for upset bids as required by law.
If the property is residential property with less than 15 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. Any person who occupies the property pursuant to a rental agreement entered into after October 1, 2007 may, after receiving the Notice of Sale, terminate the rental agreement upon ten (10) days written notice to the landlord, but said person is liable for rent due under the rental agreement prorated to the effective date of termination.
This the 28th day of January, 2013.
John N. McClain, Jr.
Attorney for Trustee
HATCH, LITTLE & BUNN, L.L.P.
327 Hillsborough Street
P. O. Box 527
Raleigh, North Carolina 27602
Telephone: (919) 856-3940
Exhibit A
Legal Description
LOT A
Being all of Lot 30, Section I, Highland Park Subdivision, as recorded in Map Book 1973, Page 243, Wake County Registry.
LOT B
Being all of Lot 1, Property of Gerda B. Pleasants, as recorded in Book of Maps 1996, Page 1049, Wake County Registry.
The Wake Forest Weekly
March 14, 21, 2013
12-SP-657 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 James W. Turner, Jr. and Amanda C. Turner, dated May 6, 2005 and recorded on May 6, 2005 in Book No. 11350 at Page 357 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 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: 6751 Walnut Cove Drive, Raleigh, NC 27603. Tax Parcel ID: 0203298 Present Record Owners: James W. Turner, Jr. and Amanda C. Turner. 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 here in above described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Tamara R. Cornish, Substitute Trustee 16501 Northcross Drive, Suite D, Huntersville, NC 28078 704-897-3061, 113771-00911 P1024565 3/7, 03/14/2013
The Wake Forest Weekly
Mar. 7, 14, 2013
AMENDED NOTICE OF
FORECLOSURE SALE
STATE OF NORTH CAROLINA
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF WAKE
BEFORE THE CLERK
12 SP 3774
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY Lee Dynasty, LLC, Jun H. Lee and Heoak S. Lee, DATED July 22, 2008 AND RECORDED IN BOOK 13186, PAGE 2358, Wake COUNTY REGISTRY, TO GBTC, INC., TRUSTEE. RUSSLAW, LLC, SUBSTITUTE TRUSTEE.
Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Lee Dynasty, LLC, Jun H. Lee and Heoak S. Lee, dated July 22, 2008 and recorded in Book 13186, Page 2358, Wake County Registry, North Carolina (“Deed of Trust”), default having been made in payment of the Note thereby secured and the necessary findings to permit foreclosure having been made by the Asst. Clerk of Superior Court of Wake County, North Carolina, the undersigned RUSSLAW, LLC, Substitute Trustee, will offer for sale at public auction to be conducted at 300 Black Belt World Drive, Knightdale, North Carolina 27545 on March 21, 2013 at 2:00 PM a portion of the property conveyed in said Deed of Trust which description is incorporated by reference herein as amended, modified or supplemented by other instruments, if any, recorded subsequent to the Deed of Trust in the Wake County Registry and will sell to the highest bidder for cash the following real estate:
BEING all of Lot 2, containing 4.162 acres, as shown on map recorded in Book of Maps 1989, Page 1182, Wake County Registry, SAVE AND EXCEPT that 0.454 acre tract described in that Deed from Steeple Square Court Associates, LLC to JG Real Property, LLC recorded in Deed Book 11839, Page 2034, Wake County Registry.
TOGETHER WITH a non-exclusive right of ingress, egress and regress over and across that certain access easement varying in width from approximately 75 feet to 30 feet, said access easement being located on the west side of N.C.S.R. 2233 (Smithfield Road), running West between Outparcel F and the Malby Crossroads Church, and continuing West between Lots 2 and 3, all as shown on the above reference recorded plat.
TOGETHER WITH all rights and obligations established by that certain Declaration of Cross Access and Parking Easement recorded in Book 4582, Page 481, Wake County Registry.
For Informational Purposes Only: 300 Black Belt World Drive, Knightdale, NC 27545; Tax ID # 0179663
TOGETHER with the improvements located thereon and appurtenances thereto.
The record owner of the above-described property as reflected on the records of the Wake County Register of Deeds not more than ten (10) days prior to the posting of this Notice of Sale is Lee Dynasty, LLC.
The terms of the sale are as follows:
Bidder Registration: All bidders must be registered with Motley’s Auctions, Inc. trading as Motley’s Auction & Realty Group (the “Auctioneer”) prior to participating in onsite bidding (“Onsite Bidder”) or online bidding (“Online Bidder”) and will be subject to certain bidding requirements of the Auctioneer. The contact information for the Auctioneer is:
Motley’s Auction & Realty Group
4402 West Broad Street
Richmond, VA 23230
804-355-2100 (phone)
804-359-6954 (fax)
Deposit: The property will be sold for cash to the highest bidder, whether an Onsite Bidder or Online Bidder, and a cash deposit, certified funds or a cashier’s check (no personal checks) made to the order of RUSSLAW, LLC which shall be in the amount of five percent (5%) of the highest bid (the “Bid Amount”), or seven hundred fifty dollars ($750.00), whichever is greater (the “Deposit”), and will be required at the time of the sale whether the highest bidder is an Online Bidder or an Onsite Bidder. The Deposit will be credited to the successful bidder at closing.
Buyer’s Premium: If an Onsite Bidder is the highest bidder, he shall pay ten percent (10%) of the Bid Amount (the “Onsite Buyer’s Premium”) at closing. For example, if the Bid Amount is $100,000.00, the Onsite Buyer’s Premium would be $10,000.00. The Bid Amount plus the Onsite Buyer’s Premium constitutes the purchase price which would be $110,000.00. If an Online Bidder is the highest bidder, he shall deposit eleven percent (11%) of the Bid Amount (the “Online Buyer’s Premium”) at closing. For example, if the Bid Amount is $100,000.00, the Online Buyer’s Premium would be $11,000.00 and the Purchase Price would be $111,000.00.
Participating Broker: Compensation to a participating licensed real estate broker or agent (the “Broker”), if any, whose client is ultimately the highest and successful bidder, shall be up to three percent (3%) of the Bid Amount (the “Broker Participation Fee”) as long as Broker submits to Auctioneer within twenty-four hours prior to the sale by mail or fax the Auctioneer’s Broker Participation Acknowledgement Form (the “Registration Form”). To further qualify for a Broker Participation Fee with an Onsite Bidder, the Broker must also attend the sale and assist his prospective bidder during the sale. No Broker Participation Fee will be paid to Brokers on any sale to an entity of which (or any affiliate of which) Broker is a principal, employee or affiliate or immediate family member of the successful bidder.
Closing: Within forty-five (45) days of the end of the upset bid period, time being of the essence, any successful bidder shall be required to tender the full balance Purchase Price at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should the successful bidder fail to pay the full balance Purchase Price at that time, he shall remain liable on his bid as provided for in N.C.G.S. §45-21.30 (d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid.
The Substitute Trustee may in his discretion, subject to the provisions of N.C.G.S. §45-21.8 and §45-21.9, sell the property as a whole or in separate lots as described in the Deed of Trust, or by each method to determine the highest price.
The owner and holder of the Note, The Bank of Hampton Roads successor by merger to Gateway Bank & Trust Co., reserves the right to sell the real property identified as “Tract Two” secured by the Deed of Trust at a later date.
This property to be offered pursuant to this Amended Notice of Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Substitute Trustee, the Auctioneer nor the holder of the note secured by the Deed of Trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or other holder of the note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to any unpaid taxes, special assessments, restrictions and easements of record, prior liens, any transfer taxes associated with the foreclosure, and prior liens or encumbrances of record, any recorded releases, any tax required to be paid pursuant to N.C.G.S. §7A-308(a)(1), and the sale will be further subject to the right, if any, of the United States of America to redeem the property for a period of 120 days following the confirmation of the sale. The sale will be held open for ten (10) days for upset bids as required by law.
If the Substitute Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the Deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in its sole discretion, if it believes the challenge to have merit, may request the court to declare the sale to be void and return the Deposit. The purchaser will have no further remedy.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO A STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This 7th day of March, 2013.
RUSSLAW, LLC, Substitute Trustee
Lucy T. Brewer, Esq., Manager
2235 Gateway Access Point,
Suite 201
Raleigh, North Carolina 27607
(919) 645-4300
The Wake Forest Weekly
March 7, 14, 2013
AMENDED NOTICE OF
FORECLOSURE SALE
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
12 SP 3775
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY Lee Dynasty, LLC, Jun H. Lee and Heoak S. Lee, DATED April 10, 2008 AND RECORDED IN BOOK 13046, PAGE 1871, Wake COUNTY REGISTRY, TO GBTC, INC., TRUSTEE. RUSSLAW, LLC, SUBSTITUTE TRUSTEE.
Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Lee Dynasty, LLC, Jun H. Lee and Heoak S. Lee, dated April 10, 2008 and recorded in Book 13046, Page 1871, Wake County Registry, North Carolina (”Deed of Trust”), default having been made in payment of the Note thereby secured and the necessary findings to permit foreclosure having been made by the Asst. Clerk of Superior Court of Wake County, North Carolina, the undersigned RUSSLAW, LLC, Substitute Trustee, will offer for sale at public auction being held at 300 Black Belt World Drive, Knightdale, North Carolina 27545 on March 21, 2013 at 2:00 PM (as designated in the Deed of Trust), the property conveyed in said Deed of Trust, which description is incorporated by reference herein as amended, modified or supplemented by other instruments, if any, recorded subsequent to the Deed of Trust in the Wake County Registry and will sell to the highest bidder for cash the following real estate:
Beginning at a Concrete Nail in the center line of State Road No. 1665, said stake being distant in a northern direction as measured along the center line of State Road No. 1665, 185 feet from the intersection of the center line of State Road No. 1665 with the center line of State Road No. 1666, said Concrete Nail also marking the northwestern corner of the Property of the now or formerly Public Service Company of North Carolina, Inc.; run thence along the center line of State Road No. 1665 the following courses and distances: North 13° 11’ East 15 feet to a nail, North 15° 17’ East 96 feet to a Concrete Nail; runs thence along a new line with the remaining Property of the now or formerly Bryant Corporation South 84° 49’ East 253.23 feet to an iron pipe; runs thence along another new line with the remaining Property of said Bryant Corporation South 1° 33’ West 110 feet to an iron pipe in the Northern line of the Property of the now or formerly Gardner-Marsh Gas Equipment Company, Inc.; runs thence along the Northern line of said Gardner-Marsh Gas Equipment Company, Inc. Property and the Northern line of the aforesaid property of Public Service Company of North Carolina, Inc. North 84° 49’ West 260 feet to the point of beginning and containing an area of 0.64471 acres, all in accordance with a Survey Entitled “Property of Bryant Corporation” by William Crocker, Surveyor, dated January 7, 1965 EXCEPTING AND RESERVING THEREFROM a non-exclusive easement for vehicular and pedestrian ingress, egress and regress to and from SR 1665 (Duraleigh Road) over and upon the above-described property. This easement is for the benefit of and shall be appurtenant to and run with the title of that certain tract or parcel of land owned by Grantor and which is described in Book 3316, Page 399, Wake County Registry.
For Informational Purposes Only: 6010 Duraleigh Road, Raleigh, NC 27612; Tax ID #49034
TOGETHER with the improvements located thereon and appurtenances thereto.
The record owner of the above-described real estate 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 of Sale is Jun H. Lee and Heoak Lee.
The terms of the sale are as follows:
Bidder Registration: All bidders must be registered with Motley’s Auctions, Inc. trading as Motley’s Auction & Realty Group (the “Auctioneer”) prior to participating in onsite bidding (”Onsite Bidder”) or online bidding (”Online Bidder”) and will be subject to certain bidding requirements of the Auctioneer. The contact information for the Auctioneer is:
Motley’s Auction & Realty Group
4402 West Broad Street
Richmond, VA 23230
804-355-2100 (phone)
804-359-6954 (fax)
Deposit: The property will be sold for cash to the highest bidder, whether an Onsite Bidder or Online Bidder, and a cash deposit, certified funds or a cashier’s check (no personal checks) made to the order of RUSSLAW, LLC which shall be in the amount of five percent (5%) of the highest bid (the “Bid Amount”), or seven hundred fifty dollars ($750.00), whichever is greater (the “Deposit”), and will be required at the time of the sale whether the highest bidder is an Online Bidder or an Onsite Bidder. The Deposit will be credited to the successful bidder at closing.
Buyer’s Premium: If an Onsite Bidder is the highest bidder, he shall pay ten percent (10%) of the Bid Amount (the “Onsite Buyer’s Premium”) at closing. For example, if the Bid Amount is $100,000.00, the Onsite Buyer’s Premium would be $10,000.00. The Bid Amount plus the Onsite Buyer’s Premium constitutes the purchase price which would be $110,000.00. If an Online Bidder is the highest bidder, he shall deposit eleven percent (11%) of the Bid Amount (the “Online Buyer’s Premium”) at closing. For example, if the Bid Amount is $100,000.00, the Online Buyer’s Premium would be $11,000.00 and the Purchase Price would be $111,000.00.
Participating Broker: Compensation to a participating licensed real estate broker or agent (the “Broker”), if any, whose client is ultimately the highest and successful bidder, shall be up to three percent (3%) of the Bid Amount (the “Broker Participation Fee”) as long as Broker submits to Auctioneer within twenty-four hours prior to the sale by mail or fax the Auctioneer’s Broker Participation Acknowledgement Form (the “Registration Form”). To further qualify for a Broker Participation Fee with an Onsite Bidder, the Broker must also attend the sale and assist his prospective bidder during the sale. No Broker Participation Fee will be paid to Brokers on any sale to an entity of which (or any affiliate of which) Broker is a principal, employee or affiliate or immediate family member of the successful bidder.
Closing: Within forty-five (45) days of the end of the upset bid period, time being of the essence, any successful bidder shall be required to tender the full balance Purchase Price at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should the successful bidder fail to pay the full balance Purchase Price at that time, he shall remain liable on his bid as provided for in N.C.G.S. §45-21.30 (d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid.
The Substitute Trustee may in his discretion, subject to the provisions of N.C.G.S. §45-21.8 and §45-21.9, sell the property as a whole or in separate lots as described in the Deed of Trust, or by each method to determine the highest price.
This property to be offered pursuant to this Amended Notice of Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Substitute Trustee, the Auctioneer nor the holder of the note secured by the Deed of Trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or other holder of the note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to any unpaid taxes, special assessments, restrictions and easements of record, prior liens, any transfer taxes associated with the foreclosure, and prior liens or encumbrances of record, any recorded releases, any tax required to be paid pursuant to N.C.G.S. §7A-308(a)(1), and the sale will be further subject to the right, if any, of the United States of America to redeem the property for a period of 120 days following the confirmation of the sale. The sale will be held open for ten (10) days for upset bids as required by law.
If the Substitute Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the Deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in its sole discretion, if it believes the challenge to have merit, may request the court to declare the sale to be void and return the Deposit. The purchaser will have no further remedy.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO A STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This 7th day of March, 2013.
RUSSLAW, LLC, Substitute Trustee
Lucy T. Brewer, Esq., Manager
2235 Gateway Access Point,
Suite 201
Raleigh, North Carolina 27607
(919) 645-4300
The Wake Forest Weekly
March 7, 14, 2013