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Legal Notices

NOTICE OF TRUSTEE'S SALE OF REAL ESTATE
ALEXANDER COUNTY
NORTH CAROLINA
FILE NO.: 15-SP-7
    Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by and recorded in the Office of the Register of Deeds for the above County in Book 524, Page 1748, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust and pursuant to the Order of the Clerk of Superior Court entered in this foreclosure proceeding, the Trustee/Substitute Trustee in this foreclosure proceeding, will expose for sale at public auction on March 11, 2015, at 11:30 o'clock A.M. at the entrance of the Alexander County Courthouse, Taylorsville, North Carolina, the following described real property (including any house and other improvements thereon):
    BEING all that property shown on the survey entitled Survey for Mark C. Hull, Marguinia Hull, Comar Enterprises, LLC as recorded in Plat Book 11, Page 200, Register of Deed's Office, Alexander County, North Carolina, reference to which is hereby made for a more particular description.
    Said property being believed, without representation or warranty, to be commonly known as 5719, 5757, 5803 Icard Ridge Road, Hickory, NC 28601 (PIN 3705779370).  The record owner(s) of the above-described real property as reflected on the records of the County Register of Deeds not more than ten (10) days prior to the posting of this Notice are Mark Coleman Hull and wife, Marguinia Lynn Hull.
    TERMS OF SALE: Should the property be purchased by a third party, that purchaser must pay, in addition to the amount bid, the following items: (I) the tax required by NCGS § 7A-308(a)(1) of Forty-five Cents (45¢) per One Hundred Dollars ($100.00) up to a maximum tax of Five Hundred Dollars ($500.00), and (ii) the excise tax on conveyances required by NCGS § 105-228.28 et seq. of One Dollar ($1.00) per Five Hundred Dollars ($500.00) or fractional part thereof.
    Pursuant to NCGS § 45-21.10(b), and the terms of the Deed of Trust, any successful bidder, other than the secured lender, will be required to deposit with the Trustee immediately upon conclusion of the sale a deposit equal to five (5%) percent of the amount of the bid or $750.00, whichever is greater.  Any successful bidder shall be required to tender the full balance purchase price so bid at the time the Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in NCGS § 45-21.30(d) and (e).  All payments to the Trustee/Substitute Trustee (including any deposit and the purchase price) shall be by certified funds, official bank check, or the equivalent.  Cash payments in excess of $500.00 and personal checks will not be accepted by the Trustee under any circumstance.
    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/Substitute Trustee nor the Holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, attorneys, employees, agents, or authorized representatives of either the Trustee or the holder of the note make any 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 are expressly disclaimed.  The property is being sold subject to all prior liens, unpaid taxes, matters of survey, restrictions, encumbrances, leases, easements, assessments, and other matters of record, if any.
    Pursuant to NCGS § 45-21.16A(b), if the property being sold pursuant hereto is residential real property with less than 15 rental units:  (1) an order for possession of the property may be issued pursuant to NCGS § 45-21.20 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; and (2) any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving notice of sale, terminate the rental agreement upon ten (10) days written notice to the landlord.  Upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
    This sale will be held open ten (10) days for upset bids as required by law.  If the Trustee/Substitute Trustee is unable to convey title to this property for any reason, including, but without limitation, the filing of a bankruptcy petition, reinstatement of the loan by the lender without notice to the Trustee/Substitute Trustee, challenge to the validity of the foreclosure sale, and/or necessity of resale due to any failure to comply with applicable procedures, the sole remedy of the purchaser is the return of the deposit.
    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 THAT IF YOU ARE UNDER PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF BANKRUPTCY PROCEEDINGS, 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.
Jimmy R. Summerlin, Jr.
Attorney for the Trustee/Substitute Trustee
Young, Morphis, Bach & Taylor, L.L.P.
P.O. Drawer 2428
Hickory, NC 28603
Telephone: 828-322-4663
Dated: February 13, 2015
mar4-15c

NOTICE TO CREDITORS
    Having qualified as Executor of the Estate of Barbara R. Whiteside (aka Barbara Jean Whiteside; Barbara Reece Whiteside; Barbara Whiteside) of Taylorsville, Alexander County, NC, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned at P.O. Drawer 25008, Winston-Salem, North Carolina 27114-5008, on or before the 27th day of May, 2015, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will please make immediate payment to the undersigned.
    This the 25th day of February, 2015.
William C. Whiteside, Sr.
Executor
588 Lake Vista Lane
Taylorsville, NC 28681
Send claims to:
Estate of Barbara R. Whiteside
William C. Whiteside, Sr., Executor
c/o Neal E. Tackabery
Blanco Tackabery & Matamoros, P.A.
P.O. Drawer 25008
Winston-Salem, NC 27114-5008
executor
mar18-15c

NOTICE OF SERVICE OF PROCESS BY PUBLICATION
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NO. 15 CvD 9
NORTH CAROLINA
ALEXANDER COUNTY
    County of Alexander, A Body Politic and Corporate vs. Unknown Heirs of Kenneth Levan, Frances W. Levan, Thelma L. O’Dell, Unknown Spouse of Thelma L. O’Dell, Juanita L. Walker, Unknown Spouse of Juanita L. Walker, Unknown Heirs of Cecil Levan, Minnie Earp Levan, Douglas Levan, Unknown Spouse of Douglas Levan, Harvey Levan, Unknown Spouse of Harvey Levan, Rachel Church, Unknown Spouse of Rachel Church, Martha Head, Unknown Spouse of Martha Head, Eddie Levan, Unknown Spouse of Eddie Levan, Sherrie Collins, Unknown Spouse of Sherrie Collins, Teresa Brookshire, Unknown Spouse of Teresa Brookshire, Melissa Hefner, Unknown Spouse of Melissa Hefner, Tanny Levan, Unknown Spouse of Tanny Levan, Debra Mullis, Unknown Spouse of Debra Mullis, Wesley Keller and Unknown Spouse of Wesley Keller
    TO: Unknown Heirs of Kenneth Levan, Unknown Spouse of Thelma L. O’Dell, Juanita Walker, Unknown Spouse of Juanita Walker, Unknown Heirs of Cecil Levan, Unknown Spouse of Rachel Church, Unknown Spouse of Martha Head, Tanny Levan, Unknown Spouse of Tanny Levan, Debra Mullis, Unknown Spouse of Debra Mullis, Wesley Keller and Unknown Spouse of Wesley Keller
    Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows:
    Foreclosure sale to satisfy unpaid property taxes owing to Alexander County on your interest in the property described as follows:
    BEGINNING on a railroad spike set in the center of S.R. 1510, said railroad spike being the Northeastern corner of the Bobby James Levan and Frank Douglas Levan property as the same is shown by Deed recorded in Book 274 at Page 766 of the Alexander County Registry: thence South 15 degrees 01 minutes 21 seconds East 1,185.04 feet total distance, passing through a one inch iron pipe at a distance of 33.18 feet to a point in the     creek: thence South 72 degrees 53 minutes 21 seconds West 16.27 feet to a point in the creek; thence South 28 degrees 09 minutes 25 seconds East 42.29 feet to a point in the creek; thence South 42 degrees 29 minutes 58 seconds West 84.63 feet to a point in the creek: thence North 71 degrees 30 minutes 53 seconds West 73.96 feet to a point in the creek; thence South 41 degrees 38 minutes 54 seconds West 24.15 feet to a point in the creek: thence North 39 degrees 23 minutes 31 seconds West 27.51 feet to a point in the creek: thence South 35 degrees 51 minutes 14 seconds West 100.04 feet to a point in the creek: thence South 81 degrees 53 minutes 00 seconds West 25.44 feet to a point in the creek; thence South 15 degrees 30 minutes 29 seconds West 132.16 feet to a point in the creek; thence North 61 degrees 18 minutes 40 seconds West 41.72 feet to a point in the creek; thence South 56 degrees 03 minutes 47 seconds West 77.39 feet to a point in the creek; thence South 07 degrees 00 minutes 32 seconds East 83.91 feet to a point in the creek; thence North 59 degrees 24 minutes 54 seconds West 117.30 feet to a point in the creek; thence South 79 degrees 29 minutes 36 seconds West 74.47 feet to a point in the creek; thence North 78 degrees 22 minutes 23 seconds West 110 feet to a point in the creek in the common boundary line with George C. Hoke: thence North 00 degrees 19 minutes 28 seconds East a total distance of 536.87 feet to a one-half (1/2) inch rod set, passing through a new iron pin at a distance of 50 feet: thence South 80 degrees 06 minutes 33 seconds East 177.11 feet to a new iron pin; thence North 00 degrees 19 minutes 28 seconds East 943.64 feet to a railroad spike set in S.R. 1510; thence South 80 degrees 06 minutes 33 seconds East 160.11 feet, Containing 12.875 acres, more or less, according to survey of Carl D. Bunton, Registered Land Surveyor for Bobby James Levan and Frank Douglas Levan, dated June 14, 1990.
    Also being identified as Parcel ID# 0013422, Alexander County Tax Office.
    Plaintiff seeks to extinguish any and all claims and interests that you may have in the property, to have a commissioner appointed to sell the Property and to deliver to the purchaser a deed to said real estate in fee simple, free and clear of all encumbrances, and that the interests and equities of redemption of the Defendants in the Property be forever barred and foreclosed.
    You are required to make defense to such pleading not later than April 7, 2015 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
    This day of February 24, 2015.
Richard J. Kania
Attorney for Plaintiff
600-A Centrepark Drive
Asheville, NC 28805
(828) 252-8010
mar11-15c

NOTICE OF SERVICE OF PROCESS BY PUBLICATION
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NO. 15 CvD 12
NORTH CAROLINA
ALEXANDER COUNTY
    County of Alexander, A Body Politic and Corporate vs. Unknown Heirs of Kenneth Levan, Frances W. Levan, Thelma L. O’Dell, Unknown Spouse of Thelma L. O’Dell, Juanita L. Walker, Unknown Spouse of Juanita L. Walker, Unknown Heirs of Cecil Levan, Minnie Earp Levan, Douglas Levan, Unknown Spouse of Douglas Levan, Harvey Levan, Unknown Spouse of Harvey Levan, Rachel Church, Unknown Spouse of Rachel Church, Martha Head, Unknown Spouse of Martha Head, Eddie Levan, Unknown Spouse of Eddie Levan, Sherrie Collins, Unknown Spouse of Sherrie Collins, Teresa Brookshire, Unknown Spouse of Teresa Brookshire, Melissa Hefner, Unknown Spouse of Melissa Hefner, Tanny Levan, Unknown Spouse of Tanny Levan, Debra Mullis, Unknown Spouse of Debra Mullis, Wesley Keller and Unknown Spouse of Wesley Keller
    TO: Unknown Heirs of Kenneth Levan, Unknown Spouse of Thelma L. O’Dell, Unknown Spouse of Juanita Walker, Unknown Heirs of Cecil Levan, Unknown Spouse of Rachel Church, Martha Head, Unknown Spouse of Martha Head, Debra Mullis and Unknown Spouse of Debra Mullis
    Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows:
    Foreclosure sale to satisfy unpaid property taxes owing to Alexander County on your interest in the property described as follows:
    Tract I: BEGINNING on a spike on the south side fo the road, Kenneth Levan's corner, and runs with his line south 52 poles 10 feet to creek; up creek in southwest direction 14 poles 7 feet to a spike Rena Levans' corner; with her line north 49 3/4 poles to a spike and pine; north 96 degrees west 11 poles to a spike; north 2 degrees east 16 poles to a spike at road; with road south 83 degrees east 22 poles to BEGINNING, containing five (5) acres more or less, and being all of that tract as conveyed to Bobbie Levan and described in the Report of Commissioners recorded at Book 91, Page 67, Alexander County Registry,
    Tract II: BEGINNING in center of road, indicated by a spike on the South bank, Bobby Levan's corner and runs with his line South 2 degrees West 16 poles to a spike; thence South 86 degrees East 11 poles to a pine; thence South 49-3/4 poles to the creek; spike on the North bank; thence up the creek West 9-1/2 poles to a spike at the turn in the creek; thence North 11 degrees West 72-1/2 poles to the center of the road; thence with the road South 77 degrees East 11 poles 10-1/2 feet to the BEGINNING, containing 5-1/2 acres more or less, and being all of that tract described in Deed Book 96, Page 621, Alexander County Registry.
    The above-described Tracts I and II also being identified as Parcel ID# 0013414, Alexander County Tax Office.
    Plaintiff seeks to extinguish any and all claims and interests that you may have in the property, to have a commissioner appointed to sell the Property and to deliver to the purchaser a deed to said real estate in fee simple, free and clear of all encumbrances, and that the interests and equities of redemption of the Defendants in the Property be forever barred and foreclosed.
    You are required to make defense to such pleading not later than April 7, 2015 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
    This day of February 24, 2015.
Richard J. Kania
Attorney for Plaintiff
600-A Centrepark Drive
Asheville, NC 28805
(828) 252-8010
mar11-15c

EXECUTRIX’S NOTICE
    Having qualified as Executrix of the estate of Gilbert Westoby, III, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 25th day of February, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 24th day of February, 2015.
MARY LOUISE RAMSEUR
31 Antioch MHP Drive
Taylorsville, NC 28681
executrix
mar18-15p

NOTICE OF FORECLOSURE SALE  

15 SP 2
    Under and by virtue of the power of sale contained in a certain Deed of Trust made by Lonnie Christovan Blackburn, A Single Man to Matthews Law Firm, Trustee(s), dated the 13th day of May, 2009, and recorded in Book 531, Page 481, in Alexander 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 Alexander 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 Taylorsville, Alexander County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on February 27, 2015 and will sell to the highest bidder for cash the following real estate situated  in the County of Alexander, North Carolina, and being more particularly described as follows:
    Being all of Tract VI, O.C. Dyson Estate SUBDIVISION, according to the plat thereof, recorded in Plat Book 3, Page 93, in the Office of the Register of Deeds of Alexander County, North Carolina, approx. 2.12 acres, more or less.There is also conveyed to the Grantees herein, their heirs and assigns, a perpetual right and easement for a roadway for the purpose of ingress, egress and regress, said roadway to be 25 feet in width and to be located as shown on the plat hereinabove referenced. This tract is conveyed subject to said easement for a road right of way as shown on said plat. Together with improvements thereon; said property located at 233 Crystal Road, Taylorsville, North Carolina 28681. Parcel ID 0007566.
    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.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
P.O. Box 1028
4317 Ramsey Street
Fayetteville, NC 28311
https://sales.hutchenslawfirm.com
Case No: 1150135 (FC.CH)
feb25-15p

EXECUTRIX’S NOTICE
    Having qualified as Executrix of the estate of Nancy Hord Wilson, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 18th day of February, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 12th day of February, 2015.
NANCY JANE WILSON YOUNT
568 Westwood Lane
Taylorsville, NC 28681
executrix
mar11-15p

ADMINISTRATRIX’S NOTICE
    Having qualified as Administratrix of the estate of Kenneth Howard Kokotkiewicz, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 18th day of February, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 12th day of February, 2015.
EVELYN MARIE KOKOTKIEWICZ
185 Toleda Street
P.O. Box 184
Stony Point, NC 28678
administratrix
mar11-15p

ADMINISTRATRIX’S NOTICE
    Having qualified as Administratrix of the estate of Patricia Marie Beliveau, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 18th day of February, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 6th day of February, 2015.
LINDA MARIE BARKER
5091 Taylorsville Hwy.
Stony Point, NC 28678
administratrix
mar11-15p

NOTICE OF PUBLIC HEARING ON REZONING CASE 15-1
ALEXANDER COUNTY, NC
    The public will hereby take notice that the Alexander County Planning and Zoning Commission has called a public hearing at 7:00pm on Thursday, March 5th 2015 in CVCC-Alexander Center Multi-Purpose Room 103 to consider Rezoning Case 15-1. This rezoning request is for a portion of property located at 11 Johnny Walker MHP Lane and otherwise known as TaxPIN#3788180835 owned by Jerry and Denise Hayes. The owners are requesting rezoning of the property from RA-20 (Residential) to H-C (Highway Commercial).
    A copy of the proposed rezoning is on file with the Planning Department at 621 Liledoun Road. All interested parties are encouraged to attend and public comments are welcomed.
Jon Pilkenton, County Planner
mar4-15c

NOTICE OF SALE OF REAL ESTATE
FILE No. 14 SP 150
Alexander County
State of North Carolina
In the General Court of Justice
Before the Clerk

    In the matter of the foreclosure of A Deed of Trust executed by Notice of Sale of Real Estate Verlin Wayne Brendle, the original amount of $74,700.00, Dated July 27, 2007, recorded in Book  510 Page 2309, Alexander County Registry, Wesley E. Starnes, Original Trustee, M. Elizabeth Williams, Substitute Trustee per filing, In Deed Book 578 at Page 2458, Alexander County  Registry.
    Under and by virtue of the power of sale contained in Deed of Trust executed by Verlin Wayne Brendle to Wesley E. Starnes, Trustee, dated July 27, 2007, and recorded in Book 510 at Page 2309 in the Office of the Register of Deeds of Alexander County, North Carolina, and under and by virtue of the authority vested in the undersigned, as Trustee; and default having been made in the payment of the indebtedness thereby secured; and the said Deed of Trust being by the terms thereof subject to foreclosure; and the Holder of the indebtedness thereby secured having demanded a foreclosure thereof for the purpose of satisfying said indebtedness, the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash at the courthouse door of the Alexander County Courthouse, Taylorsville, North Carolina, at 2:00 PM on March 17, 2015, the Property is described as follows:
    BEING all that certain 8.51 tract of land lying and being in Sharpes Township,  Alexander County, adjoining NC Hwy 90 as the same is platted by Fox Surveying Co. By survey entitled “William Brendle” and which is recorded in Plat Book 7, Page 61, Alexander County Registry to which reference is made for greater certainty of description.
    More commonly known as V/L NC 90 E Taylorsville, NC with a Parcel ID Number of: 0065670
    Verlin Brendle died intestate in Clay County, North Carolina, see estate file 11 E 113, Clay County Clerk of Court. His heirs at law and the owners or those entitled to an interest in this real property are as follows: Regina Abernethy, any spouse of Regina Abernethy; Joe Brendle, any spouse of Joe Brendle; Audrey Huffman, and spouse of Audrey Huffman, Any Heirs at Law of Ailene Teague; Irene Cannon, any spouse of Irene Cannon; James Brendle, any spouse of James Brendle; Joseph Russell Brendle, any spouse of Joseph Russell Brendle; Scott Brendle, any spouse of Scott Brendle, Any Heirs at Law of Fred Brendle, Merinda S. Woody, Administrator of the Estate of Verlin Wayne Brendle, Heather Bolick, any spouse of Heather Bolick.
    If the above-described property (“the Property”) is residential real property with less than fifteen (15) rental units, 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 notice of sale, terminate the rental agreement upon ten (10) days written notice to the landlord.  The notice shall also state that upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement, prorated to the effective date of termination.
    If the property is purchased by a third party, that person must pay the tax of 45 cents (0.45) per one hundred dollars ($100.00) as required by N.C.G.S. §7A-308(a)(1) up to a maximum tax of Five Hundred Dollars ($500.00) as well as the excise tax on conveyances required by N.C.G.S. §105-228.28 et. Seq. of One Dollar ($1.00) per Five Hundred Dollars ($500.00) or fractional part thereof which is due upon the recording of the deed, which cost is based upon the highest bid.
    The 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.  The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record, rights of way, assessments, if any, deeds of release and any other encumbrances or exceptions of record and the statutes, rules and regulations of the United States Bankruptcy Code and the United States Bankruptcy Courts.
    Pursuant to North Carolina General Statutes and the terms of the Deed of Trust, the highest bidder shall be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit equal to the greater of five (5%) percent of the highest bid or $750.00.  The highest bidder shall be required to tender the full purchase price in cash or certified check at the time the Trustee tenders a deed for the Property or attempts to tender such deed and should the highest bidder fail to pay the purchase price at that time, the highest bidder shall remain liable on the bid as provided for pursuant to North Carolina General Statutes.
    The sale will be held open ten (10) days for upset bids as required by law.
    The Notice of Sale hereby given is in satisfaction of the requirements of the aforementioned Deed of Trust and the requirements contained in the North Carolina General Statutes with respect to posting or publishing notice of sale.
    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 REQUIRMENTS AND FORE INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
    This the 13th day of February 2015.
M. Elizabeth Williams, Substitute Trustee
The Williams Law Firm, PLLC
P.O. Box 3739
Hickory, NC 28603
828/328-9994
feb25-15c

EXECUTRIX’S NOTICE

    Having qualified as Executrix of the Estate of Marguerite P. Rector, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 11th day of May, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 4th day of February, 2015.
SCOTTIE P. BARNES
2155 All Healing Springs Road
Taylorsville, NC 28681
executrix
mar4-15p

CO-EXECUTORS’ NOTICE
    Having qualified as Co-Executors of the Estate of Chestean C. Killian, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 4th day of May, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 24th day of January, 2015.
BILLY KILLIAN
4951 Church Rd.
Taylorsville, NC 28681
PATSY ROBINSON
102 Hessie Cline Lane
Taylorsville, NC 28681
executors
feb25-15p

ADMINISTRATRIX’S NOTICE
    Having qualified as Administratrix of the Estate of James Roosevelt Lowe, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 4th day of May, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 3rd day of February, 2015.
NANETTE LOWE JOLLY
1496 Rocky Face Church Road
Taylorsville, NC 28681
administratrix
feb28-15p

 
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