Legal Notices week of March 24, 2016

Published 10:11 am Friday, March 25, 2016

NOTICE OF PUBLIC HEARING

BEFORE THE BOARD OF COUNTY COMMISSIONERS

FOR THE FOLLOWING

ZONING AMENDMENTS

NOTICE IS HEREBY GIVEN, pursuant to the requirements of Article 20-B of Chapter 153-A of the General Statutes of North Carolina and Section 155.251 of the Davie County Code of Ordinances, that the Davie County Board of Commissioners will hold a Public Hearing in the Commissioners Room of the Davie County Administration Building located at 123 South Main Street, Mocksville, NC on Monday, April 4, 2016 at 7:00pm to hear the following requests:

Zoning Map Amendment. Judy Griffin Culler has applied to rezone 0.74 acres from Highway Business Special Conditions (H-B-S) to Residential-20 (R-20). The subject property is located at the corner of Bowden Road and NC HWY 801 S and further described as Davie County Tax Map E800000010.

Zoning Map Amendment. Jeff Seaford has applied to rezone 6.4 acres from Residential-Agricultural and Residential-20 (R-A & R-20) to Highway Business (H-B). The subject property is located at 1819 US HWY 64 W at the corner of Godbey Road and US HWY 64 W and further described as Davie County Tax Map parcels I300000013 & I30000001104.

The public is invited to attend the hearing at which time there will be an opportunity to be heard in favor of, or in opposition to, the above items.  As a result of the public hearing, substantial changes might be made in the advertised proposal, reflecting objections, debate and discussion at the hearing.    Additional information is available at the Development Services Department on weekdays between 8:30 a.m. and 5:00 p.m. or by telephone at (336) 753-6050.

Andrew Meadwell

Planning Department

Publish: March 24, 31

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Co-Executors for the Estate of CHARLES (nmn) TAYLOR, late of Davie County, North Carolina, the undersigned do hereby notify all persons, firms, and corporations having claims against the estate of said decedent to exhibit them to the Co-Executors, Charles T. Taylor and George J. Taylor, at The Frye Law Firm, Leslie G. Frye, Esq., 1171 W. 4th St., Winston-Salem, NC 27101, on or before June 3, 2016 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 3rd day of March, 2016.

Charles T. Taylor,

George J. Taylor,
Co-Executors of the Estate

Submit payments & claims to:

The Frye Law Firm

Leslie G. Frye, Esq.

Attorney for the Estate

1171 W. 4th St.

Winston-Salem, NC 27101

336-725-9333

Publish: Feb.25;March3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Co-Executrix of the Estate of PHYLLIS GOODNIGHT SWANSON, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before June 3, 2016, (being three [3] months from the first day of publication of this notice) 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 3rd day of March, 2016.

Jennifer Stanley,

Co-Executrix of the Estate

308 Tot St.,

Mocksville, NC 27028

Christine S. Naylor

Co-Executrix of the Estate

184 Grannaman Dr.,

Mocksville, NC 27028

Publish:March3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executrix of the Estate of Mae H. Jones, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before June 3, 2016, (being three [3] months from the first day of publication of this notice) 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 3rd day of March, 2016.

Sue J. Cooper,

Executrix of the Estate

328 James Way

Advance, NC 27006

Publish: March 3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Co-Executors of the Estate of MARGARET HELEN HENDRICKS, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before June 3, 2016, (being three [3] months from the first day of publication of this notice) 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 29th day of February, 2016.

DAVIN M. BROWN

143 S. Hemingway Court

Advance, NC 27006

DIANNE H. BROWN

134 Sycamore Ridge

Bermuda Run, NC 27006

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: March 3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of JERRY ALLEN HAUSER, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before June 10, 2016, (being three [3] months from the first day of publication of this notice) 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 2nd day of March, 2016.

TAMMY H. HAUSER

119 River Ridge Trail

Advance, NC 27006

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: March 10,17,24,31

NORTH CAROLINA

DAVIE COUNTY

ADMINISTRATOR’S NOTICE

2015-E-356

HAVING QUALIFIED as Executrix of the Estate of JOAN STROUD HUMBLE CORN, deceased, late of Davie County, this is to notify all persons  having claims against said Estate to present written claim to the undersigned on or before 10th day of June, 2016, being three months from the first day of publication of this notice, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.

This the 10th day of March, 2016.

Renee Reynolds, Executrix

129 Fletcher Rd.

Mocksville, NC 27028

Piedmont Legal Associates, PA

Lynn Hicks,

Attorney for the Estate

NC Bar # 011125

124 W. Depot St.

Mocksville, NC 27028

336-751-3312

Publish: March 10,17,24,31

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of C.T. Robertson (aka Charles Travis Robertson, Charles Robertson, Charles T. Robertson, C. Travis Robertson, Scrip Robertson), late of Davie 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 my attorney at 110 Oakwood Drive, Suite 300, Winston-Salem, North Carolina 27103-1958, on or before the 17th day of June, 2016, 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 17th day of March, 2016.

Charles Ronald Robertson,

Executor

Estate of C.T. Robertson

c/o Craige Jenkins Liipfert & Walker, LLP

110 Oakwood Drive, Suite 300

Winston-Salem, NC 27103-1958

Craige Jenkins Liipfert

& Walker, LLP

Publish: March 17,24,31,April 7

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of JOHN HENRY O’NEAL, late of Davie 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 Executrix, undersigned, on or before the 17th day of June, 2016, 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 17th day of March, 2016.

Retha C. Gaither,
Executrix of the Estate

of John Henry O’Neal

204 Sheffield Road

Harmony, NC 28634

Publish: March17,24,31,April 7

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of FAYE SMITH MYERS, late of Davie 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 Executor, undersigned, on or before the 17th day of June, 2016, 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 17th day of March, 2016.

Cliff Bradley Myers
Executor of the Estate

of Faye Smith Myers

875 Rainbow Road

Advance, NC 27006

Publish: March24,31,April 7,14

NORTH CAROLINA

DAVIE COUNTY

Special Proceedings

No. 16 SP 21

Substitute Trustee:

Philip A. Glass

NOTICE OF

FORECLOSURE SALE

Date of Sale:  April 6, 2016

Time of Sale: 10:00 a.m.

Place of Sale:

Davie County Courthouse

Description of Property:

See Attached Description

Record Owners:

Allan Russell Cassidy Jr.

Address of Property:

440 Speaks Road

Advance, NC 27006

Deed of Trust:

Book : 300 Page: 819

Dated: April 14, 1999

Grantors: Allen Russell Cassidy Jr. and Janet Crotts Cassidy, husband and wife

Original Beneficiary: Green Tree Financial Servicing

Corporation

CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45¢) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).

This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.

A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Section 45-21.30 (d) and (e).  This sale will be held open ten (10) days for upset bids as required by law.

Residential real property with less than 15 rental units, including single-family residential real property: 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 notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but not more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination.  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.

Dated: 03/09/2016

Philip A. Glass,

Substitute Trustee

Nodell, Glass & Haskell, L.L.P.

Posted on 03/09/2016

EXHIBIT A

Lying and being in Farmington Township, Davie County, North Carolina and being more particularly described as follows:

BEGINNING at an iron in the Northeast corner of the within described tract, said iron lying North 71˚ 2’ 28” West 199.62 feet from an iron in the Northeast corner of those lands conveyed to Allen R. Cassidy in Deed Book 136, Page 183; thence from the POINT AND PLACE OF BEGINNING South 7˚ 55’ 01” West 102.09 feet to an unmarked point in the center line of a 20 foot easement; thence continuing South 7˚ 55’ 01” West 60.87 feet to an iron Southeast corner of the within described tract; thence North 82˚ 43’ 7” West 231.32 feet to an iron Southwest corner of the within described tract in the line of Ecology Corporations, Deed Book 83, Page 568; thence North 5˚ 58’ 22” East 212.19 feet to an iron Northwest corner of the within described tract; thence South 71˚ 2’ 28” East 243 feet to an iron the POINT AND PLACE OF BEGINNING containing 1.009 acres more or less as surveyed March 17, 1999 by Grady L. Tutterow, Registered Land Surveyor and being a portion of those lands conveyed to Allen R. Cassidy in Deed Book 136, page 183.

Together with the above described tract is conveyed a perpetual nonexclusive easement of ingress, egress, and regress and being 20 feet in width and having as its center line the following course and distance: BEGINNING at an unmarked point lying South 7˚ 55’ 01” West 102.09 feet from an iron in the Northeast corner of the above described tract; and thence from the unmarked point in the center of easement South 70˚ 23’ 04” East 159.19 feet to an unmarked point said easement being appurtenant to the lands described hereinabove and running with the same through the hands of all persons whomsoever.

Together with the above described tract is conveyed a perpetual easement of ingress, egress, and regress reaching from the Northern edge of the right of way margin of S.R. 1440 and leading to the above described tract which is more particularly described in Deed Book 129, Page 454 and Deed Book 129, Page 819 to which reference is hereby made for a more particular description.

Titled “Additional Property Description” which is attached hereto as Exhibit A, together with a security interest in that certain 1999, 80 X 28 STONEBROOK mobile home, serial number SRO.

Property Address:

440 Speaks Road,

Advance, NC 27006

Parcel ID #:

E6-000-00-059-01

Publish: March 24,31

IN THE GENERAL COURT OF JUSTICE

OF NORTH CAROLINA

SUPERIOR COURT

DIVISION

DAVIE COUNTY

16SP18

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JOSHUA S. HILTON AND JENNIFER B. HILTON DATED AUGUST 24, 2005 AND RECORDED IN BOOK 622 AT PAGE 776 IN THE DAVIE COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, 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 county courthouse of said county at 10:30AM on April 4, 2016 the following described real estate and any other improvements which may be situated thereon, in Davie County, North Carolina, and being more particularly described as follows:

Lying and being in Fulton Township, Davie County, North Carolina and beginning at a rail road spike found 0.5 inch East of center line of No Creek Road, SR 1608, said railroad spike being the Northeastern corner of Michael Wyatt and wife, Traci S. Wyatt, Tax Lot 9.01, Tax Map J-7, Record Book 535, Page 398 and being the Northwestern corner of J.J. Gobble Trust, Tax Lot 8, Tap Map J-7, Deed Book 204, Page 807 and Deed Book 54, Page 174, thence with said Wyatt line North 86 degrees, 58 min., 41 sec. West 610.12 ft. to 3/4 inch existing iron pipe found, said pipe found being the Northwestern corner of Joe Stanley Allen, Tax Lot 9, Tax Map J-7, Record Book 495, Page 905 and the Northeastern corner of Piedmont Properties of Lexington, LLC, Tax Lot 54.50, Tax Map J-6, Deed Book 188, page 573, thence with Properties line North 87 degrees, 00 min., 58 sec. West 689.94 ft. to a iron rebar set, thence North 23 degrees, 33 min., 29 sec. West 251.40 ft. to an iron rebar set, thence South 87 degrees, 00 min., 13 sec. East 1299.55 ft. to a PK nail set in the center of said No Creek Road, thence with the center of said road South 23 degrees, 48 min., 38 sec. East 91.71 ft. to a railroad spike found 0.5 inches of center of said center line, thence with said center line South 23 degrees, 33 min., 29 sec. East 160.03 ft. to the point and place of beginning and being 6.709 acres as surveyed by Stone Land Surveying Company, August 16, 2004 and being part of Tax Lot 7, Tax Map J-7, Reference Will Book 95-E-171, Deed Book 102, Page 740.

And Being more commonly known as:  233 No Creek Rd, Mocksville, NC 27028

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Joshua S. Hilton and Jennifer B. Hilton.

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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.  This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure.  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.  This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid.  The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.

SPECIAL NOTICE FOR LEASEHOLD TENANTS:  If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser.  Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is March 14, 2016.

Grady I. Ingle or Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

16-078078

Posted: ___________

By: ___________

Publish: March 24, 31

IN THE GENERAL COURT OF JUSTICE

OF NORTH CAROLINA

SUPERIOR COURT

DIVISION

DAVIE COUNTY

16SP29

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY NATHAN BROWN DATED JULY 9, 2013 AND RECORDED IN BOOK 931 AT PAGE 607 IN THE DAVIE COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, 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 county courthouse of said county at 10:30AM on April 4, 2016 the following described real estate and any other improvements which may be situated thereon, in Davie County, North Carolina, and being more particularly described as follows:

Being known and designated as Lot No. 27 of Turnberry at Boxwood Village, Phase 2, as shown on the Plat Map recorded in Plat Book 10, page 146, in the Office of the Register of Deeds of Davie County, North Carolina, reference to which map is hereby made for a more particular description.

And Being more commonly known as:  216 North Wentworth Dr, Mocksville, NC 27028

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Nathan Brown.

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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.  This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure.  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.  This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid.  The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.

SPECIAL NOTICE FOR LEASEHOLD TENANTS:  If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser.  Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is March 14, 2016.

Grady I. Ingle or

Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

16-077752

Posted: _____________

By: _____________

Publish: March 24, 31

NORTH CAROLINA

ROWAN COUNTY

IN THE GENERAL COURT

OF JUSTICE

DISTRICT COURT DIVISION

15 CvD 333

NOTICE OF SERVICE

BY PUBLICATION

SUMMERSETT FUNERAL HOME, INC.,

Plaintiff,

v.

CAROL ALLEN,

Defendant.

PLEASE TAKE NOTICE that a pleading seeking relief has been filed in the above-entitled civil action. The nature of the relief being sought is as follows:  MONEY OWED.

You are required to make defense to such pleading no later than forty-five (45) days from the first publication of this notice, (March 24, 2016) and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.

This the 18th day of March, 2016.

DORAN, SHELBY, PETHEL

and HUDSON, P.A.

Attorneys for Plaintiff

By: JOHN T. HUDSON

122 North Lee Street

Salisbury, North Carolina 28144

(704) 637-7878

Publish: March 24,31;April7

NOTICE OF PUBLIC HEARING

BEFORE THE BOARD OF COUNTY COMMISSIONERS

FOR THE FOLLOWING

ZONING AMENDMENTS

NOTICE IS HEREBY GIVEN, pursuant to the requirements of Article 20-B of Chapter 153-A of the General Statutes of North Carolina and Section 155.251 of the Davie County Code of Ordinances, that the Davie County Board of Commissioners will hold a Public Hearing in the Commissioners Room of the Davie County Administration Building located at 123 South Main Street, Mocksville, NC on Monday, April 4, 2016 at 7:00pm to hear the following requests:

Zoning Map Amendment. Judy Griffin Culler has applied to rezone 0.74 acres from Highway Business Special Conditions (H-B-S) to Residential-20 (R-20). The subject property is located at the corner of Bowden Road and NC HWY 801 S and further described as Davie County Tax Map E800000010.

Zoning Map Amendment. Jeff Seaford has applied to rezone 6.4 acres from Residential-Agricultural and Residential-20 (R-A & R-20) to Highway Business (H-B). The subject property is located at 1819 US HWY 64 W at the corner of Godbey Road and US HWY 64 W and further described as Davie County Tax Map parcels I300000013 & I30000001104.

The public is invited to attend the hearing at which time there will be an opportunity to be heard in favor of, or in opposition to, the above items.  As a result of the public hearing, substantial changes might be made in the advertised proposal, reflecting objections, debate and discussion at the hearing.    Additional information is available at the Development Services Department on weekdays between 8:30 a.m. and 5:00 p.m. or by telephone at (336) 753-6050.

Andrew Meadwell

Planning Department

Publish: March 24, 31