Legal Notices archives

Monday, September 1, 2014

MENDED NOTICE OF
FORECLOSURE SALE

13 SP 353
NORTH CAROLINA,
WAYNE COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Mark Anthony Colebrook and Mary Elizabeth Colebrook to PRLAP, Inc., Trustee(s), which was dated September 30, 2008 and recorded on October 1, 2008 in Book 2657 at Page 4 and rerecorded/modified/corrected on November 22, 2011 in Book 2890, Page 762, Wayne County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 9, 2014 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Wayne County, North Carolina, to wit:
Tract 1: Being all of Lot No. Lot 17-A of Colony Square, Section two, as shown on a plat recorded in Plat Cabinet I, Slide 247 of the Wayne County Registry. ( (Tract 2: Being all of Lot No. Lot 14 of Colony Square, Section two, as shown on a plat recorded in Plat Cabinet I, Slide 247 of the Wayne County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 240 Ryan Way and .18 Acre Lot adjacent to 240 Ryan Way, Goldsboro, NC 27534.
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 Colebrook and Mary Colebrook.
An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Trustee Services of
Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee
Services of Carolina, LLC
5431 Oleander Drive
Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 13-02680-FC02

Legal #551
Sept. 1, 8, 2014

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NOTICE OF PUBLIC SALE
(N.C.G.S. 1-339.15)
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION BEFORE THE CLERK
FILE NO: 14 SP 14
NORTH CAROLINA
WAYNE COUNTY

TONYA B. LEE and
TABITHA BEST
Petitioners,
v.
NYRA B. EVANS,
DAVID S. WILKERSON and
wife AMY B. WILKERSON,
Respondents.

Pursuant to the Order of the Honorable Clerk of Superior Court of Wayne County dated July 1, 2014, and Article 2 Chapter 46 and Article 29A of Chapter 1 of the North Carolina General Statutes, the undersigned Commissioners will offer for sale at public auction to the highest bidder for cash at the Wayne County Courthouse Door, Courthouse Atrium, Goldsboro, NC, at 11:00 a.m. on the 11th day of September, 2014, all of the real property located at 4265 E US 70 Highway, Goldsboro, Wayne County, N.C., PIN No.: 3528232531, containing 0.7 acres, more or less, and being more particularly described as follows:
BEING all of Lot B, consisting of 32,665 square feet, as shown on a survey recorded in Plat Cabinet K, Slide 28H of the Wayne County Registry, and being a portion of that property described in Deed Book 841. Page 598 of the Wayne County Registry.
Being subject to an easement to Carolina Power & Light Company in Deed Book 1105 at Page 38 of the Wayne County Regiistry.
For further reference see Deed Book 1458, Page 712 of the Wayne County Registry, which is fully incorporated herein by reference.
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 Commissioners nor the owners of record make any representation of warranty relating to the title or 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 such condition are expressly disclaimed. The sale will be made subject to all taxes, special assessments, easements, prior liens or encumbrances of record, restrictions, and any recorded leases.
To the best knowledge and belief of the undersigned, the record owners of the above-described real property as reflected on the records of the Wayne County Register of Deeds not more than ten (10) days prior to the posting of the Notice are: Tonya B. Lee (1/8th), Tabitha Best (1/8th), Nyra B. Evans (2/8th), and David S. Wilkerson (4/8th).
Any successful bidder will be required to deposit with the Commissioner immediately upon conclusion of the sale a cash deposit of five percent (5%) of the amount bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check or cashier's check at the time the Commissioner tenders to them a Deed for the property or attempts to tender such Deed, and should the successful bidder fail to pay the full balance of the purchase price so bid at such time, they shall remain liable on the bid as provided by law.
The sale will be held open for ten (10) days for upset bids as by law required.
This the 19th day of August, 2014.
Alan B. Hewett,
Co-Commissioner

Attorney for Petitioners
P.O. Box 369
Selma, NC 27576
Telephone: 919-202-9811
Facsimile: 919-202-9844
NC Bar #: 17878
Robert E. Fuller, Jr.,
Co-Commissioner

Attorney for Respondents
PO Box 1121
Goldsboro, NC 27534
Telephone: 919-735-7496
NC Bar #: 6158
Legal #539
September 1, 8, 2014

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NOTICE OF PUBLIC SALE
(N.C.G.S. i-339.15)
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO: 14 SP 19
NORTH CAROLINA
WAYNE COUNTY

Pursuant to the Order of the Honorable Clerk of Superior Court of Wayne County dated July 1, 2014, and Article 2 Chapter 46 and Article 29A of Chapter 1 of the North Carolina General Statutes, the undersigned Commissioners will offer for sale at public auction to the highest bidder for cash at the Wayne County Courthouse Door, Courthouse Atrium, Goldsboro, NC, at 11:00 a.m. on the 11th day of September, 2014, all of the real property located at 3102 E US 70 By-Pass Highway, Goldsboro, Wayne County, N.C., PIN No.: 3519726211, containing 1 acre, more or less, and being more particularly described as follows:
See attached Exhibit A" which is fully incorporated herein by reference.
See also Deed Book 1042, Page 71 of the Wayne County Registry, which is fully incorporated herein by reference.
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 Commissioners nor the owners of record make any representation of warranty relating to the title or 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 such condition are expressly disclaimed. The sale will be made subject to all taxes, special assessments, easements, prior liens or encumbrances of record, restrictions, and any recorded leases.
To the best knowledge and belief of the undersigned, the record owners of the above-described real property as reflected on the records of the Wayne County Register of Deeds not more than ten (10) days prior to the posting of the Notice are: Tonya B. Lee (1/4th), Tabitha Best (1/4th), and Nyra B. Evans (2/4th).
Any successful bidder will be required to deposit with the Commissioner immediately upon conclusion of the sale a cash deposit of five percent (5%) of the amount bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check or cashier's check at the time the Commissioner tenders to them a Deed for the property or attempts to tender such Deed, and should the successful bidder fail to pay the full balance of the purchase price so bid at such time, they shall remain liable on the bid as provided by law.
The sale will be held open for ten (10) days for upset bids as by law required.
This the 19th day of August, 2014.
Alan B. Hewett,
Co-Commissioner
Attorney for Petitioners
P.O. Box 369
Selma, NC 27576
Telephone: 919-202-9811
Facsimile: 919-202-9844
NC Bar #: 17878
Robert E. Fuller, Jr.,
Co-Commissioner
Attorney for Respondents
PO Box 1121
Goldsboro, NC 27534
Telephone: 919-735-7496
NC Bar #: 6158
EXHIBIT A"
BEGINNING at a stake in the Western edge of the right of way U.S. Highway 70 Bypass said stake being S. 71 W. 91 feet from the existing pavement on said Highway and being S. 19 E. 940 feet from the Conway J. Rose line and runs thence S. 71 W. 226 feet to a stake; thence S. 19 E. 100 feet to a stake; thence N. 71 E. 226 feet to a stake in the Western edge of said right of way; thence N. 19 W. 100 feet to a stake, the point of beginning, and being Lot No. 6 of the property of W. Paul Herring and wife, Joyce P. Herring, as shown on a plat prepared by A. E. Little, Registered Surveyor, on August 21, 1959. And being the identical property conveyed to Michael C. Boyle and wife, Irene L. Boyle, by William Blake Dyer and wife, Nancy Eileen Dyer, by deed dated May 26, 1980, and recorded in Book 996 at Page 231 of the Wayne County Registry.
This conveyance is made subject to easements and restrictions appearing in the chain of title, if any, and 1983 Wayne County ad valoren taxes which are to be prorated between the parties hereto.
This conveyance is also made subject to that certain deed of trust dated March h 18, 1977, from William Blake Dyer and wife, Nancy Eileen Dyer, to W. Powell Bland, Trustee, as recorded in Book 910 at Page 277 of the Wayne County Registry, securing a note to American Savings and Loan Association (now First American Federal Savings and Loan Association) for $35,000.00. In accepting this deed, purchasers, as a part of the consideration hereby assume the balance due and agree to pay this balance on said note, and also hereby assume the obligations of William Blake Dyer and wife, Nancy Eileen Dyer (assumed by Michael C. Boyle and wife, Irene L. Boyle) under the terms of the instruments creating the loan.
Legal #538
September 1,8, 2014

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NOTICE TO CREDITORS
WAYNE COUNTY
NORTH CAROLINA
The undersigned, Catherine Thorne and Terri Jamieson, having qualified on August 5, 2014, as Co-Executors of the Estate of Patricia W. Underhill, late of Wayne County, do hereby notify all persons having claims against the Estate to present them to the undersigned in care of White & Allen, P.A., 106 South McLewean Street, Kinston, North Carolina 28501, on or before November 18, 2014, or this Notice will be pleaded in bar of their recovery.
All persons indebted to the Estate are requested to make immediate payment to Catherine Thorne and Terri Jamieson, Co-Executors, in care of White & Allen, P.A., 106 South McLewean Street, Kinston, North Carolina 28501.
This the 18th day of August, 2014.
Catherine Thorne and Terri Jamieson, Co-Executors of the Estate of Patricia W. Underhill
WHITE & ALLEN, P.A.
106 South McLewean Street
Kinston, NC 28501
Legal #526
August 18, 25;
September 1, 8, 2014

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Public Transportation Div.
PUBLIC NOTICE OF
PROPOSED OVERALL
DISADVANTAGED BUSINESS ENTERPRICE (DBE)
Fiscal year 2014-2016

The City of Goldsboro in accordance with requirements of the U.S. Department of Transportation (USDOT), 49 CFR Part 26, as amended, hereby notifies the public that it is recommending an overall 10% DBE goal for participation in Federal Transit Administration (FTA) — assisted contracts during Fiscal Years 2014 — 2016. The overall goal is expressed as a percentage of FTA funds the City of Goldsboro anticipates to expend for the triennial goal period. The triennial goal is established to achieve a level playing field" for DBE's to participate in City of Goldsboro's FTA-assisted contracting opportunities.

The overall goal is for a three-year period from October 1, 2014 (Federal Fiscal Year 2014) through September 30, 2016 (Federal Fiscal Year 2016). The City of Goldsboro proposes to achieve its overall DBE goal by using race and gender neutral (race-neutral) measures and race and gender conscious (race-conscious) measures. The City will achieve 5.3% of its overall goal utilizing race-neutral measures, and 4.7% of its overall goal utilizing race-conscious measures.

The public may review and provide comments on the overall DBE goal for forty (45) days. Public comments will be accepted starting September 1, 2014 and ending October 15, 2014. The FY14 — FY16 overall DBE goal and goal methodology report (goal report) will be made available during regular business hours of 8:00 am — 5:00 pm Monday through Friday for public review for forty (45) days from September 1, 2014 and ending October 15, 2014. Requests for copy of the goal report or to submit comments can be done so by contacting Nona Robbins, DBE Liaison Officer at 200 N. Center Street; Goldsboro, NC 27530; (919) 580-4355; or NRobbins@goldsboronc.gov
Legal #548
September 1, 2014

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