Legal Notices archives

Tuesday, October 21, 2014

AMENDED NOTICE
OF FORECLOSURE SALE
12 SP 281

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Fred H. Miller, III to A. Grant Whitney, Trustee(s), dated the 14th day of July, 2009, and recorded in Book 2718, Page 561, in Wayne 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 Wayne 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 Goldsboro, Wayne County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on November 4, 2014 and will sell to the highest bidder for cash the following real estate situated in the County of Wayne, North Carolina, and being more particularly described as follows: Situated in Grantham Township, Wayne County, North Carolina and being more particularly described as follows: Being the property consisting of 2.293 acres as shown on a plat recorded in Plat Cabinet N, at Slide 24-I in the Wayne County Register of Deeds, reference to said plat being hereby made for the purpose of ascertaining a metes and bounds description of the property. Together with improvements located thereon; said property being located at 968 Dobbersville Road, Goldsboro, North Carolina.
Together with the nonexclusive right to use the 60 foot private right-of-way easement shown on the plat recorded in Plat Cabinet N, at Slide 24-I in the Wayne County Registry for the purposes of access to and from the property herein and NCSR 1105 (Dobbersville Road).
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
BY: Attorney at Law
Hutchens Law Firm
Attorneys for Substitute
Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, NC 28311
https://sales.hutchenslawfirm.com

Case No: 1082026 (FC.FAY)
Legal #706
October 21, 28, 2014

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Invitation to Comment
on a Proposed

Telecommunications Facility
All interested persons are invited to comment on any potential effects that may be caused to historic properties, if any such properties are or may be located at or near the site, from a proposed 240-ft (250-ft with appurtenances) AGL, self-support communications tower to be constructed at 1248 Old Grantham Road, within the western portion of the census-designated place of Mar-Mac, southeast of the City of Goldsboro, in Wayne County, North Carolina (PIN 2577478525) (latitude N35 19' 58.1" (NAD83) and longitude W78 04' 43.1" (NAD83)). Comments may be submitted by email to gswearingen@tepgroup.net or by U.S. Mail to Tower Engineering Professionals, Inc., 326 Tryon Rd. Raleigh, NC 27603. Questions about this facility or this notice may be directed to Tower Engineering Professionals, Inc. (Attn: George Swearingen) Telephone: (919) 661-6351 Fax: (919) 661-6350. This notice provided in accordance with the regulations of the Federal Communications Commission, 47 C.F.R. Part 1, Appendices B and C.
Legal #709
October 21, 2014

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NOTICE OF
ADMINISTRATION

NORTH CAROLINA
WAYNE COUNTY

The undersigned, having qualified as Co-Executors of the Estate of Isaac C. Shepherd, late deceased of Wayne County, this is to notify all persons, firms, and corporations having claims against the estate of said deceased to file them with the undersigned c/o Tommy W. Jarrett, Dees, Smith, Powell, Jarrett, Dees & Jones, LLP, P.O. Drawer 8, 100 N. William Street, Goldsboro, NC 27533-0008, on or before the 7th day of January, 2015, or this notice will be pleaded in bar of their right to recover against said estate.
All persons indebted to said estate will please make immediate payment.
This the 7th day of October, 2014.
Jacquelyn Wooten,
Deloris Johnson, and
Lorie Burrell-Jones,
Co-Executors of the
Estate of Isaac C. Shepherd
c/o Tommy W. Jarrett
Attorney for Estate
Dees, Smith, Powell,
Jarrett, Dees & Jones, LLP
P.O. Drawer 8,
100 N. William Street
Goldsboro, NC 27533-0008

Legal #651
Oct. 7, 14, 21, 28, 2014

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NOTICE OF
FORECLOSURE SALE
14 SP 23

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Sondra Gail Oates and Martrise D. Oates (PRESENT RECORD OWNER(S): Martrise D. Oates and Sondra G. Oates) to Karen W. Russo, Trustee(s), dated the 25th day of January, 2010, and recorded in Book 2758, Page 449, in Wayne 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 Wayne 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 Goldsboro, Wayne County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on November 4, 2014 and will sell to the highest bidder for cash the following real estate situated in the County of Wayne, North Carolina, and being more particularly described as follows:
BEING all of Lot No. 10 of Myrtlewood, Section One, as recorded on the final map as shown in Plat Cabinet M, Slide 14-I of the Wayne County Registry. Together with improvements located thereon; said property being located at 214 Koufax Drive, Pikeville, 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
BY: Attorney at Law
Hutchens Law Firm
Attorneys for Substitute
Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, NC 28311
https://sales.hutchenslawfirm.com
Case No: 1127468 (FC.FAY)

Legal #593
Oct. 21, 28, 2014

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NOTICE TO CREDITORS
OF
BRIAN K. WEBB

STATE OF NORTH CAROLINA
COUNTY OF WAYNE

All persons, firms and corporations having claims against Brian K. Webb, deceased, of Wayne County, are notified to exhibit them to the undersigned at: Post Office Drawer 916, Goldsboro, NC 27533-0916, on or before the 21st day of January, 2015, or this notice will be pled in bar of their right to recover against the estate.
All persons indebted to the estate will please make immediate payment.
This 21st day of October, 2014.
Nancy J. Webb,
Executor of
Estate of Brian K. Webb
c/o John C. Hine
BADDOUR, PARKER
& HINE, P. C.
Attorneys for Estate
Post Office Drawer 916
Goldsboro, NC 27533-0916
(919) 735-7275

Legal #707
October 21, 28;
November 4, 11, 2014

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NOTICE TO CREDITORS
OF
MARY ANN

JEFFREYS MAXWELL
STATE OF NORTH CAROLINA
COUNTY OF WAYNE

All persons, firms and corporations having claims against Mary Ann Jeffreys Maxwell, deceased, of Wayne County, are notified to exhibit them to the undersigned at: Post Office Drawer 916, Goldsboro, NC 27533-0916, on or before the 30th day of December, 2014, or this notice will be pled in bar of their right to recover against the estate.
All persons indebted to the estate will please make immediate payment.
This 30th day of September, 2014.
James L. Maxwell, III,
Executor of Estate of
Mary Ann Jeffreys Maxwell
c/o John C. Hine
BADDOUR, PARKER
& HINE, P. C.
Attorneys for Estate
Post Office Drawer 916
Goldsboro, NC 27533-0916
(919) 735-7275

Legal #627
September 30;
Oct 7, 14, 21, 2014

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SECOND AMENDED NOTICE OF FORECLOSURE SALE
FILE NO. 13-SP-130

Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Elbert L. Johnson to T. Glenn Chitty, Trustee, dated March 10, 2006 and recorded in Book 2403, at Page 743 in the Wayne County Registry, Goldsboro, North Carolina, default having been made in the payment of the Note thereby secured by the said Deed of Trust, and the undersigned having been substituted as Trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the Holder of the Note evidencing the 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 Goldsboro, Wayne County, North Carolina, on November 4, 2014, at 11:00 a.m. and will sell to the highest bidder for cash the following real estate:
Generally described as certain real property, with any and all improvements thereon, located in Wayne County, North Carolina, and being more particularly described as follows:
BEGINNING at the southeast intersectional corner of East Ash Street and Lionel Street and runs; thence, from the said beginning point and with the southern right of way of East Ash Street S. 67 16' 00" E. 221.00 feet to an iron stake; thence, S. 22 53' 12" W. 210.24 feet to an iron stake; thence, N. 67 12' 59" W. 55.39 feet to an iron stake; thence, S. 21 05' 17" W. 55.03 feet to a point in the edge of a tree; thence, N. 66 41' 54" W. 56.17 feet to an iron stake; thence, N. 67 01' 24" W. 56.73 feet to an iron stake; thence, N. 67 53' 04" W. 55.52 feet to an iron stake in the eastern right of way N. 23 07' 08" E. 265.00 feet to the point of beginning and containing 55,670 square feet (1.278 acres) more or less.
There is excepted from the above land that property in a Deed to Rocky Mount Associates according to a Map or Plat thereof recorded in Map Book 1757 at Page 666 of the Wayne County Registry.
Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book2403, at Page743 in the office of the Register of Deeds of Wayne County.
This is the same property described in the Deed of Trust recorded in Book2403, at Page743 in the office of the Register of Deeds of Wayne County.
The current owner of the property located at 800-804 East Ash Street, Goldsboro, NC 27530 is EL Johns, LLC. The current owner of the property located at 202 Lionel Street, Goldsboro, NC 27530 is Elbert L. Johnson.
The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners' association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics' and materialmen's liens, and any recorded releases.
The property to be offered pursuant to this Second Amended Notice of Foreclosure Sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS, AND WITH ALL FAULTS." Neither the Substitute 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 representatives of either the Substitute Trustee or the Holder of the Note make any representation of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.
To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price.
A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee's Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee's 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 may remain liable on his bid as provided for in N.C. Gen. Stat.45-21.30(d) and(e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale.
An order for possession of the property may be issued pursuant to N.C. Gen. Stat.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.
In accordance with N.C. Gen. Stat.45-21.16A(b), in the event that this Second Amended Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, 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 the 2nd day of October, 2014.
SARAH C. BLOUNT
Substitute Trustee
Post Office Box 38
Bethel, NC 27812
Telephone: 252-825-5291

Legal #708
October 21, 28, 2014

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