Classifieds

by Staff
Wednesday, August 28, 2013

LEGAL NOTICES



09 SP 1658

AMENDED NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Rickey Steve Sprinkle and Kathy Sprinkle to Trustee Services of Carolina, LLC, Trustee(s), which was dated June 27, 2006 and recorded on July 7, 2006 in Book 5048 at Page 827, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 4, 2013 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

A certain tract or parcel of land in New Hanover County, in the State of North Carolina, described as follows: 

All of Lot 19, Block 14, according to map of Fort Fisher Sea Beach, recorded in Book 73, Page 236, of the New Hanover County Registry, to which reference is made for a more particular description. 

Subject to any rights of way and easements of record.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 214 North 3rd Avenue, Kure Beach, NC 28449.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1).  A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Rickey Steve Sprinkle and Kathy Sprinkle.

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.  The notice shall also state that 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Brock & Scott, PLLC

Substitute Trustee

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 09-23893-FC01

August 22 and 29, 2013


12-SP-1379 

AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY 

Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Kenneth E. Eason, dated June 18, 2004 and recorded on June 23, 2004 in Book No. 4379 at Page 459 in the Office of the Register of Deeds of New Hanover County, North Carolina; and because of default in the payment of the indeb¬tedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebted¬ness secured by said Deed of Trust, the under¬signed Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at New Hanover County Courthouse, Wilmington, North Carolina on September 4, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Castle Hayne, County of New Hanover, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1805 North County Drive, Castle Hayne, NC 28429. Tax Parcel ID: R03307-001-034-000 Present Record Owners: Kenneth E. Eason. 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. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord.  Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. 

Rogers Townsend & Thomas, PC, Substitute Trustee (803)744-4444, 113473-07166 P1054569 8/22, 08/29/2013


STATE OF NORTH CAROLINA

NEW HANOVER COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

13 SP 503

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CAPE FEAR VENTURES, LLC, RECORDED IN BOOK 5035, PAGE 2437, ON JUNE 12, 2006, IN THE NEW HANOVER COUNTY REGISTRY, BY JERRY A. MANNEN, JR., APPOINTED SUBSTITUTE TRUSTEE BY INSTRUMENT RECORDED IN BOOK 5710, PAGE 104 AND AMENDED AND RESTATED IN BOOK 5730, PAGE 914 IN THE NEW HANOVER COUNTY REGISTRY

NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY AND FIXTURES

Under and by virtue of the power and authority contained in the Deed of Trust executed and delivered by Cape Fear Ventures, LLC (“Borrower”), dated June 8, 2008 and recorded on June 12, 2008, in Book 5035, Pages 2437, New Hanover County Registry (“Deed of Trust”), and because of the Borrower’s defaults in payment of  the indebtedness secured by the Deed of Trust, and pursuant to the Order of the Superior Court for New Hanover County, North Carolina, entered in this foreclosure proceeding, the undersigned, Jerry A. Mannen, Jr., Substitute Trustee by instrument recorded in Book 5730, Pages 914 of the New Hanover County Registry as amended and restated in Book 5730, Page 914 of the New Hanover County Registry, will expose for sale at public auction, to the highest bidder for cash, that certain tract of property located in New Hanover County, North Carolina (including any improvements thereon) as more particularly described as:

In New Hanover County: Beginning at the intersection of the Northwesterly line of First Avenue with the Northeasterly line of Lake Drive, running thence Northeastwardly along said Northwesterly line of First Avenue 67 ½ feet; thence Northwestwardly and parallel with Lake Drive 125 feet; thence Southwestwardly and parallel with First Avenue 67 ½ feet to the Northeasterly line of Lake Drive; thence Southwestwardly along said Northeasterly line of Lake Drive 125 feet to the point of beginning; the same being all of Lot 5 and the Southwesterly one-half of Lot 4, in Block 42-A of the plan of the Central Section of Carolina Beach according to a map prepared by M.H. Lander, C.E. and duly recorded in the Office of the Register of Deeds of New Hanover County in Book 273, at Page 441.

 (collectively, the “Property”).

The record owner of the above-described real property as reflected by the records in the New Hanover County Registry not more than ten (10) days prior to the posting of this Notice is the Borrower, Cape Fear Ventures, LLC.

The above-described real property and fixtures will be sold subject to any and all superior mortgages, deeds of trust and liens, including, without limitation, the lien of all unpaid ad valorem taxes and assessments, as well as easements, conditions, restrictions and other matters of record filed prior to the Deed of Trust.

The above-described property will be sold “AS IS, WHERE IS.”  Except as provided herein, the property is not being sold subject to or together with any subordinate rights or interests.  Neither the Substitute Trustee, nor the holder of the Note secured by the Deed of Trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being sold, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.

Pursuant to N.C.G.S. Section 45-21.10 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 or certified check not to exceed the greater of five percent (5%) of the amount of the bid or $750.00.  Any successful bidder shall be required to tender the full balance purchase price so bid, in cash or certified check, at the time the Substitute Trustee tenders to the successful bidder 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, the successful bidder shall remain liable on the bid as provided for in N.C.G.S. Sections 45-21.30 (d) and (e).  The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid.  

Please be advised that an order for possession of the property may be issued by the Clerk of the Superior Court of New Hanover County pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession.

Please be further advised that any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving this notice of sale, terminate the rental agreement upon 10 days written notice to the landlord.  Upon termination of any such rental agreement the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

The sale will be held open for ten (10) days for upset bid as the law requires.

DATE OF SALE: September 5, 2013

HOUR OF SALE: 12:00: P.M. (Noon) 

PLACE OF SALE: Usual and customary location, Courthouse Steps, New Hanover County Courthouse,

316 Princess St.

Wilmington, NC 28401

This the 14th_ day of August, 2013.

YOW, FOX & MANNEN, L.L.P.

By:

Jerry A. Mannen, Jr., Substitute Trustee

N.C. State Bar No. 17498

P.O. Box 479

Wilmington, NC  28402

Telephone: (910) 762-2421

Facsimile:  (910) 251-9247

Email:  jmannen@yfmlaw.com


ATTENTION TO ANY DEBTOR IN BANKRUPTCY OR ANY DEBTOR WHO HAS RECEIVED A DISCHARGE IN BANKRUPTCY OR WHO MAY HAVE PAID, SETTLED, OR OTHERWISE NOT BE OBLIGATED UNDER THE NOTE:  Please be advised that this Notice is sent for the sole purpose of complying with the North Carolina General Statutes and constitutes neither a demand for payment of the loan nor a notice of personal liability to nor action against any recipient hereof who might have received a discharge of the loan in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy code, or who has paid, settled, or is otherwise not obligated by law for the Note.

August 22 and 29, 2013


11-SP-1787 

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 Dean Kristopher Kittleson, dated August 16, 2006 and recorded on August 16, 2006 in Book No. 5066 at Page 1356 in the Office of the Register of Deeds of New Hanover County, North Carolina; and because of default in the payment of the indeb¬tedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebted¬ness secured by said Deed of Trust, the under¬signed Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at New Hanover County Courthouse, Wilmington, North Carolina on September 4, 2013 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Wilmington, County of New Hanover, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 7512 Brittany Lakes Drive, Wilmington, NC 28411. Tax Parcel ID: R03500-006-329-000 Present Record Owners: Dean Kristopher Kittleson. 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.  The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed.  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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord.  Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. 

Rogers Townsend & Thomas, PC, Substitute Trustee (803)744-4444, 113473-06133 P1055928 8/22, 08/29/2013


12 SP 1184

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by S. Sam Ryan and Jeffrey Ryan to Pamela S Cox, Trustee(s), which was dated April 29, 2005 and recorded on April 29, 2005 in Book 4782 at Page 149, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 10, 2013 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

Beginning at an “X” mark in a brick wall in the Southern line of Grace Street, One hundred and seventy feet eastwardly from the Southeastern intersection of Fourth and Grace Street and running thence from the point of beginning, eastwardly along said Southern line of Grace Street, Thirty five feet; thence southwardly and parallel Fourth Street One hundred and thirty two feet thence westwardly and parallel with Grace Street, Thirty five feet; and thence northwardly and parallel with Fourth Street, One hundred and thirty two feet to the beginning; same being part of the Eastern halves of Lots No. 1 and No. 2, in Block 194, according to the Official Plan of the City of Wilmington.  Together with an easement or right of way in, through and over the following described alley:  

Beginning at a point in the Southern line of Grace Street Two hundred one feet eastwardly from the intersection of the said Southern line of Grace Street with the Eastern line of Fourth Street, and running thence along the said southern line of Grace Street eastwardly Eight feet; thence southwardly and parallel with Fourth Street, Ninety feet; thence westwardly and parallel with Grace Street Eight feet; thence northwardly and parallel with Fourth Street ninety feet to the Southern line of Grace Street, the point of beginning.  

Also see deed recorded at Page 631 in Book 409 and deed recorded at Page 632, Book 409, and deed recorded at Page 58, Book 761, in the Office of the Register of Deeds, New Hanover County, North Carolina, reference to which is made for a more particular description.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 410 Unit A Grace Street and 410 Unit B Grace Street, Wilmington, NC 28401.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1).  A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are S. Sam Ryan.

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.  The notice shall also state that 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 12-16954-FC01

August 29 and September 5, 2013


10 SP 2006

AMENDED NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Thomas J. O’Connor and Maureen O’Connor to Lynn P. Holley, Trustee(s), which was dated April 8, 2008 and recorded on April 9, 2008 in Book 5300 at Page 907, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 10, 2013 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

In New Hanover County: BEGINNING at a point in the Eastern line of 6th Street 132 feet North of its intersection with the Northern line of Princess Street and from said point of beginning running thence Eastwardly parallel with Princess Street 198 feet; thence Northwardly parallel with 6th Street 66 feet; thence Westwardly parallel with 6th Street 12 feet; thence Westwardly parallel with Princess Street 88 feet; thence Southwardly Parallel with 6th Street 12 feet; thence Westwardly parallel with Princess Street 110 feet o the Eastern line of 6th Street; thence Southwardly along the Eastern line of 6th Street 54 feet to the point of BEGINNING, the same being a part of Lot 3 in Block 183 according to the official Plan of the city of Wilmington prepared by James & Brown in 1870 and being a part of the same property conveyed to Raymond Retchin by deed dated October 2, 1957 and duly recorded in Book 606 at Page 148 of the New Hanover County Registry. And being the same property described in Deed Book 4932 at Page 2003 and Book 4932 at Page 2008.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 110 North 6th Street, Wilmington, NC 28401.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1).  A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Osprey Holding, LLC.

 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.  The notice shall also state that 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 10-31426-FC01

August 29 and September 5, 2013


13 SP 510

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Samuel Jerry Richardson and Mary K. Richardson to William R. Echols, Trustee(s), which was dated August 25, 2009 and recorded on September 11, 2009 in Book 5437 at Page 256, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 10, 2013 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

Being all of Lot 154, Section 4, of Parkwood Subdivision, as recorded in Map Book 12, at Page 40 of the New Hanover County Registry.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 622 Governors Road, Wilmington, NC 28411.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1).  A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Mary K. Richardson.

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.  The notice shall also state that 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 13-07363-FC01

August 29 and September 5, 2013


13 SP 0509

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Thomas J. Lovett and Colleen R. Lovett to Trustee Services of Carolina, Trustee(s), which was dated April 16, 2008 and recorded on April 28, 2008 in Book 5306 at Page 2048, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 10, 2013 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

The land referred to herein is situated in the State of NC, County of New Hanover, City of Wilmington and described as follows:

Being all of Lot 38, Section 2, Wildflower Subdivision, as shown on Map of same recorded in Map Book 25 at Page 145 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

Being the same parcel conveyed to Thomas Jude Lovett and Colleen Rodolewicz Lovett from P. Dean Potter and Nancy R. Tefft-Potter, by virtue of a Deed dated 1/13/1987, recorded 4/19/2005, in Deed Book 4765, Page 899, County of New Hanover, State of North Carolina.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 716 Darwin Drive, Wilmington, NC 28405.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1).  A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Thomas Jude Lovett and wife, Colleen Rodolewicz Lovett.

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.  The notice shall also state that 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 13-04625-FC02

August 29 and September 5, 2013

12 SP 1756

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Brian Canady and Lisa Canady to Collins and Collins, Trustee(s), which was dated February 22, 2008 and recorded on February 25, 2008 in Book 5282 at Page 1878, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 10, 2013 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

Being all of Lot 90 of Kings Grant, Section 3, as shown upon that map of said subdivision recorded in the New Hanover County Registry in Map Book 10, at Page 9, reference to which is hereby made for a more particular description.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 4913 Shelley Drive, Wilmington, NC 28405.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1).  A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Brian Canady and wife, Lisa Canady.

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.  The notice shall also state that 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 12-29932-FC01

August 29 and September 5, 2013


12 SP 1165

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by James O. Richardson, Jr. and Melissa S. Richardson to PRLAP, Inc., Trustee(s), which was dated October 10, 2006 and recorded on October 16, 2006 in Book 5092 at Page 1178, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 10, 2013 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

Being all of Lot 29 in Block 2, of Hanover Heights Subdivision as shown on the map thereof duly recorded in Map Book 5, at Page  82 in the Office of the Register of Deeds of New Hanover County. Subject to restrictions applicable to said property as recorded in Book 550, Page 249 of the New Hanover County Registry.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 910 Francis Marion Drive, Wilmington, NC 28412.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1).  A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are James O. Richardson, Jr. and wife, Melissa S. Richardson.

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.  The notice shall also state that 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 12-12437-FC01

August 29 and September 5, 2013


13 SP 4

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Marion Cobretti and Christine Cobretti to Robert G. Collins, Trustee(s), which was dated July 3, 2003 and recorded on July 9, 2003 in Book 3884 at Page 215, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 10, 2013 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

All of Lot 160 of Windemere, Section 5, as shown upon that map of said subdivision recorded in the New Hanver County Registry in Map Book 12 at Page 35, being the same property conveyed to the Grantor by deed recorded in Book 1351 at Page 486 of the New Hanover County Registry.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 618 Windemere Road, Wilmington, NC 28405.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1).  A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Marion Cobretti and Christine Cobretti.

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.  The notice shall also state that 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 10-25035-FC02

August 29 and September 5, 2013

13 SP 521

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by John B. Avera to PRLAP, INC., Trustee(s), which was dated January 23, 2008 and recorded on January 28, 2008 in Book 5272 at Page 1854, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 10, 2013 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

Being all of Lot 59, Seaspray Landing, Section 1, as the same is shown on the map entitled, “Section 1 of “Seaspray Landing”, as recorded in Map Book 37, Page 360, of the New Hanover County Registry, to which map reference is hereby made for a more particular description.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 900 Royal Bonnet Drive, Wilmington, NC 28405.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1).  A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Seaspray Landing HOA, Inc..

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.  The notice shall also state that 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 10-12070-FC03

August 29 and September 5, 2013


12 SP 0001

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Larry Tull & Tracy Tull to Peter F. Makowiecki, Trustee(s), which was dated August 17, 2006 and recorded on August 22, 2006 in Book 5068 at Page 1536 and rerecorded/modified/corrected on March 2, 2010 in Book 5471, Page 57, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 10, 2013 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

BEING UNIT 13, OF PEMBROKE AT LANDFALL, PHASE IV, BUILDING IV, A CONDOMINIUM, AS THE SAME IS DESCRIBED IN THE DECLARATION ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP OF CERTAIN LANDS AND IMPROVEMENTS THERETO IN SAID COUNTY OF NEW HANOVER, SAID DECLARATION BEING DATED JULY 22, 1992, AND RECORDED IN BOOK 1613 AT PAGE 0962 OF THE LAND RECORDS OF NEW HANOVER COUNTY, NORTH CAROLINA, AND WHICH SAID UNIT IS HEREWITH CONVEYED IN CONFORMITY WITH CHAPTER 47-C OF THE NORTH CAROLINA GENERAL STATUTES REFERRED TO AS THE “CONDOMINIUM ACT” OF THE STATE OF NORTH CAROLINA AND THE FIRST AND SECOND AMENDMENTS THERETO, SAID AMENDMENTS BEING RECORDED IN BOOK 1639 AT PAGE 0587, BOOK 1641 AT PAGE 0893, BOOK 1716 AT PAGE 0920 AND BOOK 1716 AT PAGE 0929 OF THE NEW HANOVER COUNTY REGISTRY AND INCULDES THE FEE IN AN UNDIVIDED 060% INTEREST IN THE COMMON AREAS AND COMMON ELEMENTS IN PEMBROKE AT LANDFALL, A CONDOMINIUM AND THE REAL PROPERTY DESCRIBED IN SAID DECLARATION

AS FURTHER AID IN THIS DECLARATION, REFERENCE IS HEREBY MADE TO A UNIT OWNERSHIP PLAT BOOK 10 AT PAGES 232 THROUGH 235 WHICH IS RECORDED IN THE LAND RECORDS OF NEW HANOVER COUNTY, NC AND WHICH CONTAINS THE OFFICIAL RECORDED SURVEY MAP OF PEMBROKE AT LANDFALL , PHASE IV, BUILDING IV, A CONDOMINIUM, AS WELL AS THE FLOOR PLANS FOR THE UNITS

THIS CONVEYANCE IS MADE SUBJECT TO THE PROVISIONS OF SAID CONDOMINIUM ACT OF THE STATE OF NORTH CAROLINA AND ANY AMENDMENTS THERETO AND TO THE CONDITIONS, RESTRICTIONS, EASEMENTS, CONVENANTS AND AGREEMENTS SET FORTH IN SAID DECLARATION OF PEMBROKE AT LANDFALL, A CONDOMINIUM DATED JULY 22, 1992, AND RECORDED IN BOOK 1613 AT PAGE 0962 OF THE LAND RECORDS OF NEW HANOVER COUNTY, NORTH CAROLINA AND THE FIRST AND SECOND AMENDMENTS THERETO, SAID AMENDMENTS BEING RECORDED IN BOOK 1639 AT PAGE 0587, BOOK 1641 AT PAGE 0893, BOOK 1716 AT PAGE 0920 AND BOOK 1716 AT PAGE 0929, NEW HAVOVER COUNTY REGISTRY AND TO THE BYLAWS OF PEMBROKE CONDOMINIUM ASSOCIATION, INC., AND ANY AMENDMENTS THERETO

ALSO INCLUDED HEREIN IS AN EASEMENT TO BE USED IN COMMON WITH OTHER UNIT OWNERS FOR THE USE OF ANY COMMON AREAS AND COMMON ELEMENTS AS SET FORTH IN THE DECLARATION. THIS CONVEYANCE IS MADE SUBJECT TO AN EASEMENT IN COMMON WITH OTHER UNIT OWNERS TO USE THE COMMON AREAS AND COMMON ELEMENTS LOCATED WITHIN OR APPURTENANT TO PEMBROKE AT LANDFALL, ALL PHASES, A CONDOMINIUM, AS SET FORTH IN THE DECLARATION

ALSO INCLUDED HEREIN IS AN EXCLUSIVE EASEMENT FOR THE USE AND ENJOYMENT OF ANY LIMITED COMMON AREAS APPURTENANT TO THE UNIT CONVEYED HEREIN AS SO DESIGNATED IN THE DECLARATION OR ON THE RECORDED MAP OF THE CONDOMINIUM 

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 1720 Fontenay Place, Unit 13, Wilmington, NC 28405.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1).  A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Larry Tull and wife, Tracy Tull.

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.  The notice shall also state that 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 09-02522-FC02

August 29 and September 5, 2013


STATE OF NORTH CAROLINA

NEW HANOVER COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

 13 SP 696

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BLUEWATER STRUCTURES, INC. RECORDED ON DECEMBER 5, 2007 IN BOOK 5257, PAGES 1548, ET SEQ. IN THE NEW HANOVER COUNTY REGISTRY, AS MODIFIED BY THAT MODIFICATION OF DEED OF TRUST RECORDED ON JANUARY 28, 2011 IN BOOK 5542, PAGES 2118, ET SEQ., NEW HANOVER COUNTY REGISTRY, AND A DEED OF TRUST EXECUTED BY BLUEWATER STRUCTURES, INC. RECORDED ON JANUARY 28, 2011 IN BOOK 5542, PAGES 2123, ET SEQ. IN THE NEW HANOVER COUNTY REGISTRY, BY JERRY A. MANNEN, JR., APPOINTED SUBSTITUTE TRUSTEE BY INSTRUMENT RECORDED ON JUNE 27, 2013 IN BOOK 5749, PAGES 622, ET SEQ. IN THE NEW HANOVER COUNTY REGISTRY

NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY AND FIXTURES 

Under and by virtue of the power and authority contained in the deed of trust executed and delivered by Bluewater Structures, Inc. (“Bluewater” or “Grantor”), on or about December 4, 2007 and recorded on December 5, 2007 in Book 5257, Pages 1548, et seq., New Hanover County Registry, as modified by that Modification of Deed of Trust recorded on January 28, 2011 in Book 5542, Pages 2118, et seq., in the New Hanover County Registry (collectively, “Deed of Trust 1”) and in the deed of trust executed and delivered by Bluewater on or about January 26, 2011 and recorded on January 28, 2011 in Book 5542, Pages 2118, et seq., New Hanover County Registry (“Deed of Trust 2”) because of default in the payment of one or more commercial notes (collectively, the “Notes”) secured by Deed of Trust 1 and Deed of Trust 2 (collectively, the “Deeds of Trust”), and pursuant to the Order of the Clerk of Superior Court for New Hanover County, North Carolina, entered in this foreclosure proceeding, the undersigned, Jerry A. Mannen, Jr., appointed Substitute Trustee by instrument recorded on June 27, 2013, in Book 5749, Pages 622, et seq., New Hanover County Registry, will expose for sale at public auction to the highest bidder for cash, that certain tract(s) or parcel(s) of property located in New Hanover County, North Carolina (including any fixtures and improvements thereon) as more particularly described as follows (hereinafter referred to as the “Property”):

Being all of Lot 5 in Block 34 in the Town of Carolina Beach as the same is shown on map recorded in Map Book 15 at Page 44 in the New Hanover County Registry, and being the same lands described in the Deed recorded in Book 2956 at Page 903 in said Registry (the “Land”);

Together with all easements, rights, privileges, tenements, hereditaments and appurtenances, now or hereafter to the following property, whether the same be now owned or hereafter acquired:

(a) All buildings, improvements and tenements now or hereafter located on the Land;

(b) All fixtures and articles of property now or hereafter attached to, or used or adapted for use in the ownership, development, operation or maintenance of, the buildings, improvements and Land (whether such items are leased or are owned), including without limitation all heating, cooling, air conditioning, ventilating, refrigerating, plumbing, generating, power, lighting, laundry, maintenance, cleaning, fire prevention, and extinguishing, security, and access control, cooking, gas, electric and communication fixtures, equipment and apparatus, all engines, motors, conduits, pipes, pumps, tanks, ducts, compressors, boilers, water heaters and furnaces, all ranges, stoves, disposers, refrigerators and other appliances, all escalators and elevators, all baths and sinks, all cabinets, partitions, mantels, mirrors, window shades, blinds, screens, awnings, storm doors, windows, all carpeting, underpadding, floor covering, paneling and draperies, all furnishings and all shrubbery and plants; all of which items shall be deemed part of the real property and not severable wholly or in part without material injury to the freehold; provided, however, that personal property and trade fixtures owned and supplied by tenants of the Property with the right of removal at the termination of their tenancies shall not be included within the scope of this paragraph; 

(c) All easements, all access, air and development rights, all minerals, timber, oil, gas, all royalties, water, water rights and water stock, and all other rights, hereditaments, privileges, permits, licenses, franchises and appurtenances now or hereafter belonging or in any way appertaining to the Land; 

(d) All present and future contracts and policies of insurance which insure the Land or any building, structures, or improvements thereon, or any such fixtures or personal property, against casualties and theft, and all monies and proceeds and rights thereto which may be or become payable by virtue of any such insurance contracts or policies; 

(e) All of the rents, revenues, issues, profits and income of the Property, and present and future leases and other agreements for the occupancy of use of all or any part of the Land, including without limitation all cash and security deposits, advance rentals and deposits and all guaranties of tenants’ or occupants’ performances under such leases and agreements; 

(f) All general intangibles relating to the development or use of the Property, including without limitation all permits, licenses and franchises, all names under or by which the Property may at any time be operated or known, and all trademarks, trade names, logos and good will in any way relating to the Property; 

(g) All awards, compensation and settlements in lieu thereof made as a result of the taking by power of eminent domain of the whole are any part of the Property, including any awards for damages sustained to the Property for a temporary taking, change in grade of streets or taking of access;

(h) All shares of stock, partnership interests, membership interests or other evidence of ownership of any part of the Property that is owned by Grantor in common with others, and all documents of membership in any owners’ or members’ association or similar group having responsibility for managing or operating any part of the Property; and

(i) All products and proceeds of all of the foregoing. 

The record owner of the above-described Property as reflected by the records in the New Hanover County Register of Deeds not more than ten (10) days prior to the posting of this Notice is: Bluewater Structures, Inc.

The above-described real property, improvements and fixtures will be sold subject to any and all superior mortgages, deeds of trust and liens, including, without limitation, the lien of all unpaid ad valorem taxes and assessments, as well as easements, conditions, restrictions and other matters of record filed prior to the Deeds of Trust.

The above-described property will be sold “AS IS, WHERE IS.”  The property is not being sold subject or together with any subordinate rights or interests. Neither the Substitute Trustee, nor the holder of the Notes secured by the Deeds of Trust being foreclosed, nor the officers, members, managers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Notes make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being sold, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.

Pursuant to N.C.G.S. § 45-21.10 and the terms of the Deeds of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit or certified check not to exceed the greater of five percent (5%) of the amount of the bid or $750.00.  Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to the successful bidder 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, the successful bidder shall remain liable on the bid as provided for in N.C.G.S. § 45-21.30 (d) and (e).

Please be advised that an order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of the superior court of the county in which the property is sold.  

Further be advised that 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 such rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.  

The sale will be held open for ten (10) days for upset bid as by law required.

DATE OF SALE: Friday, September 6, 2013

HOUR OF SALE: 12:00 P.M. (Noon)

PLACE OF SALE: New Hanover County Judicial Building

Courthouse door or usual and customary location

316 Princess St.

Wilmington, NC 28401

This the 14th day of August, 2013.

Jerry A. Mannen, Jr.

N.C. State Bar ID No: 17498

Yow, Fox & Mannen, L.L.P.

Post Office Box 479

Wilmington, NC 28402

Telephone:   (910) 762-2421

Facsimile:    (910) 251-9247 

August 29 and September 5, 2013


NOTICE OF FORECLOSURE SALE

11 SP 1451

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Marcos Gonzalez and Beatriz Gonzalez  to Ben H. Colvard, III, Trustee(s), dated the 21st day of November, 2005, and recorded in Book 4941, Page 495, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on September 10, 2013 and will sell to the highest bidder for cash the following real estate situated  in the County of New Hanover, North Carolina, and being more particularly described as follows:

Being all of Lot 82, Section 5, Summerfield Subdivision, as shown on a map recorded in Map Book 32 at Page 111 of the New Hanover County Registry, reference to which is hereby made for a more particular description. Together with improvements located thereon; said property being located at 6416 Strawfield Drive, Wilmington, North Carolina.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property 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 all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.  Said property is also being sold subject to applicable Federal and State laws.

A cash deposit or cashier’s check (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale.

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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

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 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.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

Attorney at Law

Hutchens, Senter, Kellam & Pettit, P.A.

Attorneys for Substitute Trustee Services, Inc.

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

https://sales.hsbfirm.com

Case No: 1065516 (FC.FAY)

August 29 and September 5, 2013


12-SP-948 

AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY 

Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Wesley B Faulk and Jolene G Faulk, dated April 6, 2010 and recorded on April 7, 2010 in Book No. 5478 at Page 775 in the Office of the Register of Deeds of New Hanover 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 New Hanover County Courthouse, Wilmington, North Carolina on September 10, 2013 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Carolina Beach, County of New Hanover, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 1013 Waterview Place, Carolina Beach, NC 28428. Tax Parcel ID: R08814-004-041-000 Present Record Owners: Wesley B Faulk and Jolene G Faulk. 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. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed. 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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord.  Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. 

Tamara R. Cornish, Substitute Trustee (803)744-4444,  113341-03752 P1055180 8/29, 09/05/2013


12 SP 501

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by David Ryan Cappellari to Julie Glenn - Echols, Purser & Glenn, PLLC, Trustee(s), which was dated May 21, 2009 and recorded on May 27, 2009 in Book 5409 at Page 1449, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 10, 2013 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

BEING ALL of Lot 224, Section II, Quail Woods Subdivision, as shown on map entitled “Revision of Section II, Quail Woods Subdivision” thereof recorded in Map Book 35, Page 311, in the New Hanover County Public Registry.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 7301 Wolfhound Court, Wilmington, NC 28411.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1).  A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are David Ryan Cappellari.

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.  The notice shall also state that 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 12-04639-FC01

August 29 and September 5, 2013


NOTICE OF FORECLOSURE SALE

13-SP-507

Under and by virtue of the power of sale contained in a certain Deed of Trust made MARTHA REYNOLDS COURTNEY to PHILIP E. GREER, Trustee(s), dated the 25th day of APRIL, 2008 and recorded in BOOK 5307, PAGE 1828, NEW HANOVER County Registry, North Carolina, Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned. ANDERSON & STRICKLAND, P.A., having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of NEW HANOVER County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the Courthouse Door, in the City of WILMINGTON, NEW HANOVER County, North Carolina at 2:00 P.M. ON SEPTEMBER 11th, 2013, and will sell to the highest bidder for cash the following real estate situated in the County of NEW HANOVER, North Carolina, and being more particularly described as follows:

TAX ID NO.: R07106-007-004-000

PROPERTY LOCATED IN NEW HANOVER COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

TRACT I: BEING ALL OF LOT 4, SECTION 1, FOX RUN FARM ACCORDING TO THE MAP THEREOF RECORDED IN MAP BOOK 30 AT PAGE 58, IN THE OFFICE OF THE REGISTER OF DEEDS OF NEW HANOVER COUNTY, NORTH CAROLINA, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION.

TRACT II: BEING ALL OF LOT 4A, AS SHOWN ON THE MAP ENTITLED “OPEN SPACE — AREAS OF RESPONSIBILITY, SECTION.1, FOX RUN FARM”, RECORDED IN BOOK 1603 AT PAGE 548 IN THE OFFICE OF THE REGISTER OF DEEDS OF NEW HANOVER COUNTY, NORTH CAROLINA, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. SUBJECT TO THE DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS, FOX RUN FARM, SECTION 1, RECORDED IN BOOK 1464 AT PAGE 1466, ET SEQ., OF THE NEW HANOVER COUNTY REGISTRY AS AMENDED BY THAT CERTAIN AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, FOX RUN FARMS, SECTION 1, 2A AND 2B RECORDED IN BOOK 1603 AT PAGE 543, ET SEQ., OF SAID REGISTRY.

Said property being located at: 4617 IGLEHART COURT, WILMINGTON, NC 28408

PRESENT RECORD OWNER BEING: MARTHA REYNOLDS COURTNEY

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in N.C.G.S. 45-21.23.

Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.

Should the property be purchased by a third party, that person must pay the statutory final assessment fee of forty-five cents ($0.45) per One Hundred Dollars (S100.00) required by N.C.G.S. 7A¬308 (a) (1), and any applicable county and/or state land transfer tax and/or revenue tax.

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 N.C.G.S. 45-21.30(d) and (c).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation of warranty relatinf4 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.

A cash deposit or cashier’s check (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale.

That an Order for possession of the property may be issued pursuant to N.C.G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court 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 clays written notice to the landlord. The notice shall also state that 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.

This the 15th day of August, 2013.

Michael W. Strickland, as Attorney for and President of 

ANDERSON & STRICKLAND, P.A., Substitute Trustee

210 East Russell Street. Suite 104 

Fayetteville, North Carolina 28301 

(910) 483-3300

August 29 and September 5, 2013


NOTICE OF FORECLOSURE SALE

13-SP-481

Under and by virtue of the power of sale contained in a certain Deed of Trust made STEPHEN JAMES DATKA to PHILIP E. GREER, Trustee(s), dated the 15th day of OCTOBER, 2009 and recorded in BOOK 5444, PAGE 2874, NEW HANOVER County Registry, North Carolina, Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, ANDERSON & STRICKLAND, P.A., having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of NEW HANOVER County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the Courthouse Door, in the City of WILMINGTON, NEW HANOVER County, North Carolina at 2:00 P.M. ON SEPTEMBER 11TH, 2013, and will sell to the highest bidder for cash the following real estate situated in the County of NEW HANOVER, North Carolina, and being more particularly described as follows:

ALL THAT CERTAIN LOT OR PARCEL SITUATED IN NEW HANOVER COUNTY, NORTH CAROLINA AND MORE. PARTICULARLY DESCRIBED AS FOLLOWS:

BEING ALL OF LOT 117R, SECTION 2, ALAMOSA PLACE, ON REVISED MAP BOOK 37, PAGE 147 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH MAP IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION.

TAX ID: R03500-005-149-000.

Said property being located at: 2404 BRADFIELD COURT, WILMINGTON, NC 28411

PRESENT RECORD OWNER BEING: STEPHEN JAMES DATKA

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in N.C.G.S. 45-21.23.

Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.

Should the property be purchased by a third party, that person must pay the statutory final assessment fee of forty-five cents ($0.45) per One Hundred Dollars (S100.00) required by N.C.G.S. 7A¬308 (a) (1), and any applicable county and/or state land transfer tax and/or revenue tax.

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 N.C.G.S. 45-21.30(d) and (c).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation of warranty relatinf4 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.

A cash deposit or cashier’s check (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale.

That an Order for possession of the property may be issued pursuant to N.C.G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court 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 clays written notice to the landlord. The notice shall also state that 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.

This the 15th day of August, 2013.

Michael W. Strickland, as Attorney for and President of 

ANDERSON & STRICKLAND, P.A., Substitute Trustee

210 East Russell Street. Suite 104 

Fayetteville, North Carolina 28301 

(910) 483-3300

August 29 and September 5, 2013


AMENDED NOTICE OF FORECLOSURE SALE

11 SP 1163

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Elizabeth June Rich and Michael D. Rich to Jackie Miller, Trustee(s), dated the 12th day of December, 2006, and recorded in Book 5120, Page 2231, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on September 10, 2013 and will sell to the highest bidder for cash the following real estate situated  in the County of New Hanover, North Carolina, and being more particularly described as follows:

Being all of Lot 322, Section 5-C, Churchill Estates Subdivision, as the same is shown on map of same recorded in Map Book 25, at Page 23 of the New Hanover County Registry, reference to which is hereby made for a more particular description. Together with improvements located thereon; said property being located at 4431 Robin Dale Court, Wilmington, North Carolina.

Subject to the following exception:

Restrictions and easements of record, and zoning and land use ordinances of New Hanover County.

Being the same property to Michael D. Rich and wife, Elizabeth June Rich by deed from Richard D. Stiles and wife, Karen T. Stiles recorded 05/29/1992 in Deed Book 1604 Page 675, in the Register of Deeds Office of New Hanover County, North Carolina.

Tax ID #: R04215-005-0027-000

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property 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 all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.  Said property is also being sold subject to applicable Federal and State laws.

A cash deposit or cashier’s check (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale.

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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

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 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.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

Attorney at Law

Hutchens, Senter, Kellam & Pettit, P.A.

Attorneys for Substitute Trustee Services, Inc.

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

https://sales.hsbfirm.com

Case No: 1062924 (FC.FAY)

August 29 and September 5, 2013


AMENDED NOTICE OF FORECLOSURE SALE

12 SP 561

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Brian K. Jones (PRESENT RECORD OWNER(S): Brian Jones) to Paul H. Swan, Trustee(s), dated the 20th day of June, 2006, and recorded in Book 5040, Page 2342, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on September 10, 2013 and will sell to the highest bidder for cash the following real estate situated  in the County of New Hanover, North Carolina, and being more particularly described as follows:

Lying and being situate in New Hanover County, North Carolina, and being more particularly described as follows:

Being all of Lot 11, Section 2, Forest Grove, as shown on map recorded in Map Book 47, Page 351, of the New Hanover County Registry, reference to which is hereby made for a more particular description. Together with improvements located thereon; said property being located at 150 Raye Drive, Wilmington, North Carolina.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property 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 all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.  Said property is also being sold subject to applicable Federal and State laws.

A cash deposit or cashier’s check (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale.

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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

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 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.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

Attorney at Law

Hutchens, Senter, Kellam & Pettit, P.A.

Attorneys for Substitute Trustee Services, Inc.

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

https://sales.hsbfirm.com

Case No: 1036350 (FC.FAY)

August 29 and September 5, 2013


NOTICE OF FORECLOSURE SALE

13 SP 504

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Cynthia W. Davis (PRESENT RECORD OWNER(S): James Russell Davis, Jr. and Akwana Monique Walker) to Greg Fisher, Trustee(s), dated the 25th day of April, 2007, and recorded in Book 5176, Page 174, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on September 10, 2013 and will sell to the highest bidder for cash the following real estate situated  in the County of New Hanover, North Carolina, and being more particularly described as follows:

BEGINNING AT A POINT IN THE NORTHEASTERN LINE OF WRIGHTSVILLE AVENUE 175 FEET NORTHWARDLY FROM THE NORTHERN LINE OF OF PENDER AVENUE, AND 6 FEET SOUTHWARDLY ALONG THE NORTHEASTERN LINE OF WRIGHTSVILLE AVENUE FROM ITS INTERESECTION WITH THE DIVIDING LINE BETWEEN LOTS 6 AND 7 IN BLOCK 23 OF CAROLINA PLACE, AS SHOWN UPON THE MAP OF THAT SUBDIVISION RECORDED IN THE NEW HANOVER COUNTY REGISTRY IN BOOK 48 AT PAGE 180, THE BEGINNING POINT ALSO BEING THE SOUTHERNMOST CORNER OF THAT TRACT CONVEYED TO SARAH S. MCCORD BY THAT DEED RECORDED IN THE NEW HANOVER COUNTY REGISTRY IN BOOK 929 AT PAGE 195; RUNNING THENCE SOUTHWESTARDLY ALONG THE NORTHEASTERN LINE OF WRIGHTSVILLE AVENUE 60 FOOT TO THE NORTHWESTERN LINE OF LOT 4 OF BLOCK 23 OF THE AFORESAID SUBDIVISION; THENCE NORTHEASTWARDLY AT RIGHT ANGLES TO WRIGHTSVILLE AVENUE 113 FEET TO THE SOUTHWESTERN LINE OF LOT 26 OF BLOCK 22 OF THE AFORESAID SUBDIVISION; THENCE NORTHWESTERWARDLY ALONG THE SOUTHWESTERN LINE OF LOTS 26 AND 27 OF BLOCK 22 OF THE AFORESAID SUBDIVISION AND PARALLEL WITH WRIGHTSVILLE AVENUE 60 FEET; THENCE SOUTHWESTWARDLY AND RIGHT ANGLES TO WRIGHTSVILLE, PARALLEL WITH THE DIVIDING LINE BETWEEN LOTS 6 AND 7 OF BLOCK 23 OF THE AFORESAID SUBDIVISION, 123 FEET TO THE BEGINNING.  THE PROPERTY CONVEYED HEREIN CONVEYED CONSISTS OF ALL OF LOT 5 AND A PORTION OF LOT 6 OF BLOCK 23 OF CAROLINA PLACE AS SHOWN UPON A MAP THEREOF RECORDED IN BOOK 48 AT  PAGE 180 IN THE NEW HANOVER COUTNY REGISTER OF DEED OFFICE.

ADDRESS: 1823 WRIGHTSVILLE AVE.; WILMINGTON, NC 28403

TAX MAP OR PARCEL ID NO.: R04819-027-016-000

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property 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 all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.  Said property is also being sold subject to applicable Federal and State laws.

A cash deposit or cashier’s check (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale.

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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

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 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.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

Attorney at Law

Hutchens, Senter, Kellam & Pettit, P.A.

Attorneys for Substitute Trustee Services, Inc.

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

https://sales.hsbfirm.com

Case No: 1106850 (FC.CH)

August 29 and September 5, 2013


NOTICE OF FORECLOSURE SALE

12 SP 817

Under and by virtue of the power of sale contained in a certain Deed of Trust made by o TRobert W. Stemke and Virginia A. Stemke trustee Services of Carolina, LLC, Trustee(s), dated the 15th day of June, 2005, and recorded in Book 4856, Page 844, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on September 10, 2013 and will sell to the highest bidder for cash the following real estate situated  in the County of New Hanover, North Carolina, and being more particularly described as follows:

All of Lot 4 in Winterwood Subdivision as the same are shown on map recorded in Map Book 25 at Page 56 in the New Hanover County Registry, and being part of the same lands described in the Deed recorded in Book 1569 at Page 445 in said Registry.  Together with improvements located thereon; said property being located at 4818 and 4820 Kubeck Court, Wilmington, North Carolina.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property 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 all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.  Said property is also being sold subject to applicable Federal and State laws.

A cash deposit or cashier’s check (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale.

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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

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 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.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

Attorney at Law

Hutchens, Senter, Kellam & Pettit, P.A.

Attorneys for Substitute Trustee Services, Inc.

P.O. Box 12497

Charlotte, NC 28220

https://sales.hsbfirm.com

Case No: 1083878 (FC.CH)

August 29 and September 5, 2013

         

STATE OF NORTH CAROLINA

COUNTY OF NEW HANOVER 

IN THE GENERAL COURT OF JUSTICE

BEFORE THE CLERK OF SUPERIOR COURT

EXECUTRIX’S NOTICE

The undersigned having qualified as Executrix of the Estate of Harold Gene Ping of New Hanover County, North Carolina, does hereby notify all persons having claims against said estate to present them to the undersigned at the address shown below on or before the 6th day of November 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 is the 8th day of August 2013.

Cheryl Lehman

4234 Rue Saint Germain

Stone Mountain, GA 30083

August 8, 15, 22, 29, 2013


STATE OF NORTH CAROLINA

COUNTY OF NEW HANOVER

IN THE GENERAL COURT OF JUSTICE

BEFORE THE CLERK OF SUPERIOR COURT

EXECUTOR’S NOTICE

The undersigned having qualified as Executor of the Estate of Clarence Shields of New Hanover County, North Carolina, does hereby notify all persons having claims against said estate to present them to the undersigned at the address shown below on or before the 6th day of November 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 is the 8th day of August 2013.

Robert Shields

118 South Channel Haven Drive

Wilmington, NC 28409

August 8, 15, 22, 29, 2013


STATE OF NORTH CAROLINA

COUNTY OF NEW HANOVER

IN THE GENERAL COURT OF JUSTICE

BEFORE THE CLERK OF SUPERIOR COURT

EXECUTOR’S NOTICE

The undersigned having qualified as Executor of the Estate of Linda Vaughan Shaw of New Hanover County, North Carolina, does hereby notify all persons having claims against said estate to present them to the undersigned at the address shown below on or before the 13th day of November 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 is the 15th day of August 2013.

Kenneth C. Shaw

516 Silk Tree Lane

Chesapeake, VA 23320

August 15, 22, 29, 2013 & September 5, 2013


NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Francis M. Foy, Jr., of New Hanover County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned c/o Jill L. Raspet, 300 N. Third Street, Suite 301, Wilmington, North Carolina 28401, on or before the 18th day of November, 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 15th day of August, 2013.

Fredrick Foy, Executor of the Estate of 

Francis M. Foy Jr.

Jill L. Raspet

Smith Moore Leatherwood LLP

300 N. Third Street, Suite 301

Wilmington, NC 28401

August 15, 22, 29, and September 5


STATE OF NORTH CAROLINA

COUNTY OF NEW HANOVER

IN THE GENERAL COURT OF JUSTICE

BEFORE THE CLERK OF
 SUPERIOR COURT

EXECUTOR’S NOTICE

The undersigned having qualified as Executor of the Estate of Norman Henry Phillips Jr. of New Hanover County, North Carolina, does hereby notify all persons having claims against said estate to present them to the undersigned at the address shown below on or before the 20th day of November 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 is the 22nd day of August 2013.

Norman H. Phillips III

PO Box 1285

Wrightsville Beach, NC 28480-1285

August 22, 29, 2013 & September 5, 12, 2013


STATE OF NORTH CAROLINA

COUNTY OF NEW HANOVER

IN THE GENERAL COURT OF JUSTICE

BEFORE THE CLERK OF SUPERIOR COURT

EXECUTOR’S NOTICE

The undersigned having qualified as Executor of the Estate of Katrinka Brette Webb of New Hanover County, North Carolina, does hereby notify all persons having claims against said estate to present them to the undersigned at the address shown below on or before the 20th day of November 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 is the 22nd day of August 2013.

James Yokota

8412 Central Drive

Raleigh, NC 27613

8/22, 29/2013 & 9/5, 12/2013


STATE OF NORTH CAROLINA

COUNTY OF NEW HANOVER

IN THE GENERAL COURT OF JUSTICE

BEFORE THE CLERK OF SUPERIOR COURT

EXECUTOR’S NOTICE

The undersigned having qualified as Executor of the Estate of Doris Anne Hauptman of New Hanover County, North Carolina, does hereby notify all persons having claims against said estate to present them to the undersigned at the address shown below on or before the 20th day of November 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 is the 22nd day of August 2013.

Russell C. Hauptman

5200 Treybrooke Drive

Wilmington, NC 28409

08/22, 29/2013 & 09/05, 12/2013



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