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Legal Notices
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EXECUTOR’S NOTICE
Having qualified as Executor of the estate of Dorothy Eugene Dagenhart, 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 November, 2010, 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 August, 2010.
GAYLE M. HYMAN
1345 Midway Road
Stony Point, NC 28678
executor
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EXECUTRIX’S NOTICE
Having qualified as Executrix of the Estate of Eldred Schafer Mays, 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 November, 2010, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 18th day of August, 2010.
KIMBERLY SHUFORD MARTIN
13915 Jonathans Ridge Rd.
Charlotte, NC 28227
executrix
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EXECUTOR’S NOTICE
Having qualified as Executor of the Estate of Nellie G. Wells, 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 November, 2010, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 11th day of August, 2010.
CHARLES HUNTER WELLS
146 Oakdale Dr.
Taylorsville, NC 28681
executor
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EXECUTOR’S NOTICE
Having qualified as Executor of the Estate of Annie L. Mayfield McClain, 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 November, 2010, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 11th day of August, 2010.
JACOB LEROY McCLAIN
491 McClain Rd.
Hiddenite, NC 28636
executor
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NOTICE TO CREDITORS
File No. 10 E 165
North Carolina
Alexander County
Having qualified as Executor of the Estate of L.D. Graham, deceased, this is to notify all persons, firms, and corporations having claims against the said decedent to exhibit them, duly verified, to the undersigned on or about the 16th day of November, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate are notified to make immediate payment.
This the 18th day of August, 2010.
Lawrence Dale Graham
Executor
545 Espie Little Road
Taylorsville, NC 28681
executor
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NOTICE OF TRUSTEE’S SALE OF REAL ESTATE
STATE OF NORTH CAROLINA
COUNTY OF ALEXANDER
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEORE THE CLERK
FILE NO: 10 SP 106
In the Matter of the Foreclosure of Deed of Trust executed by LEGENDS DEVELOPMENT, LLC, Grantor in Deed of Trust Recorded in Book 465, at Page 284, Alexander County Registry, to Robert P. Huntley, as Trustee ELISE B. McLURKIN HORTON, Substitute Trustee Under Instrument Recorded in Book 538, Page 880
and In the Matter of the Foreclosure of Deed of Trust executed by LEGENDS DEVELOPMENT, LLC, Grantor in Deed of Trust Recorded in Book 494, at Page 2086, Alexander County Registry, to Robert P. Huntley, as Trustee ELISE B. McLURKIN HORTON, Substitute Trustee Under Instrument Recorded in Book 538, Page 881
Under and by virtue of the power and authority contained in those certain Deeds of Trust (hereinafter “Deeds of Trust”) executed and delivered by Legends Development, LLC, dated February 24, 2004, and April 27, 2006, respectively, and recorded in the Office of the Register of Deeds of Alexander County, North Carolina, in Book 465 at Page 284, and Book 494 at Page 2086, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by said Deeds of Trust, and pursuant to the Order of the Clerk of Superior Court for Alexander County, North Carolina, entered in this foreclosure proceeding, the undersigned, Substitute Trustee, will expose for sale at public auction, to the highest bidder for cash, at the usual place of sale at the Alexander County Courthouse, in Taylorsville, North Carolina, on the 7th day of September, 2010, at 11:30 AM, the following described real property (including any improvements thereon):
Tract One: Being all of the 8.0205 acre tract of the Larrick Development property as shown on a plat recorded in Plat Book 9 at Page 36, Alexander County Registry.
The Grantor anticipates the acquisition hereafter of certain additional property adjacent to the property described hereinabove which the Grantor intends to subject to the lien of this deed of trust. Upon the recording of the deed to the Grantor of such after-acquired property and the recording of a Notice of Extension with respect to such after-acquired property, then pursuant to the provisions of the N.C. Gen. Stat Section 47-20.5 the after-acquired property described in the Notice of Extension shall be subject to the lien and security interest created by this deed of trust in the same manner and to the same extent as the property described hereinabove and conveyed hereby.
LESS AND EXCEPT any portion of the above described real property that has been released by recorded releases.
Tract Two: BEING all of Lots 6, 8, 9, 10, 11, 12, 16, 18, 19, 20, and 21 of Oliver’s Landing, Phase 8A, according to that certain plat recorded in Plat Book 9, Page 36, Alexander County Registry and revised in Plat Book 9, Page 146, Alexander County Registry, to which reference is hereby made for a more particular description of same.
LESS AND EXCEPT any portion of the above described real property that has been released by recorded releases.
For back title, see Deeds recorded in Book 465 at Page 282, Book 475 at Page 487, Book 468 at Page 2130, Alexander County Registry.
The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder.
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, if any. Neither the Substitute Trustee nor the holder of the note(s) secured by the Deeds 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(s) secured by the Deeds of Trust being foreclosed upon 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 real property being sold, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions are expressly disclaimed. Other conditions will be announced at the sale.
The record owner of the above-described real property as reflected on the records of the Alexander County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Legends Development, LLC.
Pursuant to North Carolina General Statute 45-21.10(b), and the terms of the Deeds of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount equal to the greater of five (5%) percent of the high bid or $750.00. In the event that the Owner and Holder, or its intended assignee, is exempt from paying the same, the successful bidder may also be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax, and the tax required by N.C.G.S. Section 7A-308(a)(1). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statute 45-21.30(d) and (e).
This sale will be held open ten (10) days for upset bids as required by law.
If the 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 bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in her sole discretion, if she believes the challenge to have merit, may declare the sale void and return the deposit. The purchaser will have no further remedy.
Additional notice where the real property is residential with less than 15 units:
An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered in 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.
This the 6th day of August, 2010.
Elise B. McLurkin Horton
JONES, CHILDERS, McLURKIN & DONALDSON, PLLC
P. O. Box 3010
Mooresville, NC 28117
(704) 664-1127
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NOTICE OF FORECLOSURE SALE
NORTH CAROLINA,
ALEXANDER COUNTY
10 SP 132
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by LARRY W BROWN, JR. AKA LARRY W. BROWN AND WIFE AMY S BROWN to JUDITH M KENNEDY, Trustee(s), which was dated March 14, 2000 and recorded on March 27, 2000 in Book 408 at Page 2160, 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, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust, 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 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 3, 2010, at 11:30 AM, and will sell to the highest bidder for cash the following described property situated in Alexander County, North Carolina, to wit:
BEING ALL OF LOTS 18 & 19, as shown on the map or plat of Allendale Subdivision, which is duly recorded in Plat Book 5, Page 36, Register of Deeds for Alexander County, North Carolina, to which plan reference is here made for a more complete and accurate description thereof.
Tax ID# 06-00243
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 215 Allendale Lane and Lot 18 adjacent to 215 Allendale Lane, Taylorsville, NC 28681.
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 W. Brown, Jr..
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.
Substitute Trustee
Brock & Scott, PLLC
Jeremy B. Wilkins
NCSB No. 32346
5431 Oleander Drive
Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
10-09623-FC01; 30028212
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NOTICE OF FORECLOSURE SALE
NORTH CAROLINA
ALEXANDER COUNTY
10 SP 88
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Mark Barnes and wife, Mary Barnes to David W Dillard, Trustee(s), which was dated December 6, 2001 and recorded on December 11, 2001 in Book 428 at Page 0716, 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, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust, 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 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 3, 2010, at 11:30 AM, and will sell to the highest bidder for cash the following described property situated in Alexander County, North Carolina, to wit:
BEING all of Lot No. 14 of Little River Estates, according to a plat prepared by John C. Vaughn, R.L.S., recorded in Plat Book 5, Page 107, Alexander County Registry, reference to said plat being made for a more particular description of said property.
This property is made subject to restrictions recorded in Book 417, page 864, Alexander County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 198 Ponderosa Road, Taylorsville, NC 28681.
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 Mark Barnes and wife, Mary Barnes.
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.
Substitute Trustee
Brock & Scott, PLLC
Jeremy B. Wilkins,
NCSB No. 32346
5431 Oleander Drive
Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
10-10699-FC01; 30028213
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NOTICE OF FORECLOSURE SALE
10 SP 131
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Juan V. Salazar and Elizabeth Perez E. to Countrywide Home Loans, Inc., Trustee(s), dated the 27th day of June, 2003, and recorded in Book 454, Page 25, 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 1:00 PM on September 10, 2010 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:
BEGINNING on a magnetic nail located where the centerline of Paul Payne Store Road, Secondary Road 1065, intersects with the centerline of Middle Road, Secondary Road 1664, and runs North 0 deg 42' 47" East 84.35 feet with Paul Payne Store Road to a railroad spike in said road; thence North 5 deg 27' 32" West 80.76 feet to a computed point in said road; thence North 13 deg 34' 24" West 83.76 feet to a mag nail in the center of the Paul Payne Store Road; thence North 84 deg 16' 13" East 152.36 feet with the line of the Pearl Lackey Heirs to an iron stake in said line; thence South 5 deg 43' 47" East 329.02 feet to a computed point in the center of Middle Road, said point being indicated by an iron stake on the North side of the Road 30 feet from its center; thence South 86 deg 26' 39" West 145.93 feet with the center of Middle Road to the BEGINNING, containing 1.05 acres, more or less, and being described in accordance with survey of Foresight Surveying dated February 1, 2000. Together with improvements located thereon; said property being located at 7959 Paul Payne Store Road, Taylorsville, North Carolina.
Title reference is made to deed from Albert Dean Estep and wife, Bernice M. Estep, to Paul J. Curry and wife, L. Shea Curry, dated February 15, 2000 and recorded in Deed Book 407 at Page 2224, Alexander County Registry.
SUBJECT To certain restrictions as to the use thereof, said restrictions being recorded in Book 407 at Page 2224, Alexander County Registry.
SUBJECT To a 10-foot easement for the conveyance of water running along with and parallel to the entire North line of said property, said easement having been reserved by Albert Dean Estep and wife, Bernice M. Estep, for themselves and their heirs and assigns, in Book 407 at Page 2224, Alexander County Registry.
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 person must pay the tax 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.
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.
This 20th day of August, 2010.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
Attorney at Law
The Law Firm of Hutchens, Senter & Britton, P.A.
Attorneys for Substitute Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, NC 28311
http://sales.hsbfirm.com
Case No: 1026320
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AMENDED NOTICE OF FORECLOSURE SALE
NORTH CAROLINA
ALEXANDER COUNTY
09SP164
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by MARTY J GASKIN JR, AND CRYSTAL M GASKIN to Alexander- Trustee Services of Carolina, LLC, Trustee(s), which was dated March 31, 2004 and recorded on April 1, 2004 in Book 466 at Page 1833, 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, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust, 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 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 9, 2010 at 1:00PM, and will sell to the highest bidder for cash the following described property situated in Alexander County, North Carolina, to wit:
Being all of a 1.00 acre tract as the same is shown in plat recorded in Plat Book 8 at Page 163 of the Alexander County Register, to which reference is hereby made for greater certainty of description by metes and bound.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 5106 Millersville Road, Taylorsville, NC 28681.
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 Marty H. Gaskin, Jr. and Crystal M. Gaskin.
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.
Substitute Trustee
Brock & Scott, PLLC
Jeremy B. Wilkins,
NCSB No. 32346
5431 Oleander Drive
Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
09-20089-FC01; 30027978
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10-SP-78
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 Jody C. Church and Wanda C. Church, dated February 13, 2004 and recorded on February 13, 2004, in Book No. 0464, at Page 1832 in the Office of the Register of Deeds of Alexander 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 Alexander County Courthouse, Courthouse Steps, North Carolina on September 10, 2010 at 10:30 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Taylorsville, County of Alexander, State of North Carolina, and being more particularly described as follows:
Being all of Lot Number 16 consisting of 0.80 acres of the Wittenburg Landing Subdivision, Phase I, as the same is set forth in plat recorded in Plat Book 7 at Page 68 of the Alexander County Registry to which reference is hereby made for greater certainty of description.
Address of property: 2 Franklin Lane, Taylorsville, NC 28681
Present Record Owners: Jody C. Church and Wanda C. Church
The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee's Deed, and any Land Transfer Tax.
The real property hereinabove described is being offered for sale "AS IS, WHERE IS" and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required.
If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units:
An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009.
Dated: August 20, 2010
David A. Simpson, P.C.,
Substitute Trustee
Attorney at Law
Rogers Townsend & Thomas, PC
Attorneys for David A. Simpson, P.C.,
Substitute Trustee
2550 West Tyvola Road
Suite 520
Charlotte, NC 28217
(704) 697-5809
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NOTICE OF FORECLOSURE SALE
NORTH CAROLINA
ALEXANDER COUNTY
Alexander 10 SP 125
Iredell 10 SP 847
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by DAVID M. STEELMAN and wife, KELLY STEELMAN to OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Trustee(s), which was dated September 9, 2005 and recorded on September 14, 2005 in Book 0486 at Page 2458, 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, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust, 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 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, 2010 at 12:00 PM, and will sell to the highest bidder for cash the following described property situated in Alexander County, North Carolina, to wit:
TO FIND THE TRUE POINT AND PLACE OF BEGINNING begin at an existing iron rod set in the common boundary line of Raeford Pennell and Dale Stikeleather; thence with the lines of Pennell and Stikeleather North 48°46'58" East 216.59 feet to THE TRUE POINT AND PLACE OF BEGINNING; thence continuing with the line of Raeford Pennell, now or formerly, North 48°46'58" East 364.71 feet to an existing iron rod, said existing iron rod being located South 48°46'58" West 104.92 feet from an existing nail in a stump hole at an existing iron rod; thence with the meanderings of a branch the following five courses and distances; (1) South 34°18'58" East 17.34 feet; (2) South 09°45'45" East 11.44 feet; (3) South 43°14'32" East 156.90 feet; (4) South 21°41'19" East 18.72 feet and (5) South 70°58'10" East 28.31 feet; thence South 52°56'37" West 487.50 feet (passing through an existing iron rod at 25.00 feet and an existing iron rod at 361.60 feet; thence North 09°50'49" West 223.25 feet to the point and place of beginning and being 2.02 acres, more or less, in accordance with a survey prepared by Wesley F. Fox dated October 7, 2004.
The above-described parcel is located along the Alexander County and Iredell County lines. The subject property is subject to ad valorem property tax in Alexander County. For back title reference see Deed Book 709, Page 790, Iredell County Registry, and Book 523, Page 319, Alexander County Registry.
There is also conveyed to the grantees herein their heirs and assigns a non exclusive perpetual right of way and easement for the purpose of ingress, egress and regress and utilities being forty-five (45) feet in width as depicted on a survey prepared by Wesley G. Fox dated October 7, 2004.
There is also conveyed to the grantees herein, their heirs and assigns a non exclusive perpetual right of way and easement for the purpose of ingress, egress and regress being sixty feet in width as described at Deed Book 253, Page 319, Alexander County Registry, and in Book 709, Page 790, Iredell County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 150 Fence Post Lane, Stony Point, NC 28678.
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 M. Steelman and wife Kelly Renee Hendrick Steelman.
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.
Substitute Trustee
Brock & Scott, PLLC
Jeremy B. Wilkins,
NCSB No. 32346
5431 Oleander Drive
Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
10-12455-FC01; 30028493
sep8-10c
CO-EXECUTRIX’S NOTICE
Having qualified as Co-Executrixes of the Estate of John Boone Icenhour, 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 1st day of December, 2010, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 20th day of August, 2010.
BARBARA ICENHOUR SPRINKLE
455 White Point Rd.
Taylorsville, NC 28681
GLENDA ICENHOUR JOHNSON
525 Longleaf Rd.
Virginia Beach, VA 23454
executrix
sep22-10p
EXECUTOR’S NOTICE
Having qualified as Executor of the Estate of Mary Margaret Rogers Robinette, 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 1st day of December, 2010, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 20th day of August, 2010.
DAVID EDWARD ROBINETTE
9951 Foxx Oak Place
Charlotte, NC 28210
executor
sep22-10p
Notice
A Request for Proposals for Assuring Better Child Health and Development services has been issued by the Alexander County Partnership for Children. The activity provides training and technical assistance to medical practices to facilitate the identification of children who may benefit from early intervention services. For proposal requirements contact Executive Director, PO Box 1661, Taylorsville, NC 28681. Proposals due by September 10, 2010.
sep1-10c
ADMINISTRATRIX’S NOTICE
Having qualified as Administratrix of the Estate of Terry L. Starnes, 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 1st day of December, 2010, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 30th day of August, 2010.
ROBIN C. STARNES
223 River Haven Drive
Taylorsville, NC 28681
administratrix
sep22-10c
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of NELLIE C. BOWMAN, late of Alexander 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, on or before December 1, 2010, 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 1st day of September, 2010.
Reet R. Bowman, Jr., Administrator
1782 Blakenship Road
Taylorsville, NC 28681
William R. Sigmon
Attorney for Estate
Sigmon Clark Mackie Hutton Hanvey & Ferrell, P.A.
P.O. Drawer 1470
Hickory, NC 28603
828-328-2596
sep22-10c
EXECUTRIX’S NOTICE
Having qualified as Executrix of the Estate of Martha Ann Gillis Duncan, 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 1st day of December, 2010, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 31st day of August, 2010.
PATRICIA F. FRAZIER
187 Patterson Road
Hiddenite, NC 28636
executrix
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