NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of JOHN STEVEN SMITH, 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 7th day of July, 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 7th day of April, 2016.

Sharon Shaver Lawson,
Executor of the Estate

448 Fred Lanier Rd.

Mocksville, NC 27028

Publish: April 7,14,21,28

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of TOMMY RAY REDDING, SR., 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 14th day of July, 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 14th day of April, 2016.

Penny Redding,
Executrix of the Estate

150 Woodvale Drive,

Mocksville, NC 27028

Publish: April 14,21,28; May 5

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Administrator of the Estate of THOMAS WALTER SLATER, JR., 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 Administrator, undersigned, on or before the 14th day of July, 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 14th day of April, 2016.

Teresa Slater,

Administrator of the Estate

PO Box 174

Cooleemee, NC 27014

Publish: April 14,21,28; May 5

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executrix of the Estate of GERTRUDE ELIZABETH LEFLER, 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 July 14, 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 7th day of April, 2016.

SHERRY HUNTER

P.O. Box 581

Sneads, FL 32460

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: April 14,21,28; May 5

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executrix of the Estate of PHYLLIS CLAY KELMAN, 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 July 14, 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 7th day of April, 2016.

ANNE KELMAN BURRIS,

Executrix of the Estate

201 S. Madera Drive,

Mocksville, NC 27028

Publish: April 14,21,28; May 5

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of GERALD EUGENE WHITTAKER, 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 July 21, 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 12th day of April, 2016.            

TODD WHITTAKER

9910 Blairbeth Street

Charlotte, NC 28277           

MARTIN & VAN HOY, LLP           

Attorneys at Law           

10 Court Square           

Mocksville, NC 27028

Publish: April 21,28; May 5,12

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of EVELYN C. BROWN, late of 2213 Bermuda Village Drive, Bermuda Run, 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 undersigned at the law offices of Hatfield, Mountcastle, Deal, Van Zandt, & Mann, LLP, 2990 Bethesda Place, Suite 605-C, Winston-Salem, NC, 27103, 336/768-1842, on or before the 22nd day of July, 2016, or this notice will be pleaded in bar of their recovery. All persons, firms or corporations indebted to the said estate will please make immediate payment to the undersigned.

This the 14th day of April, 2016.

Elizabeth Brown Jones,

Executrix of the Estate

of Evelyn C. Brown

R. Brandt Deal, Esq.

Hatfield, Mountcastle, Deal,

Van Zandt & Mann, L.L.P.

2990 Bethesda Place,

Suite 605C

Winston-Salem, N.C. 27103

Phone: 336/768-1842

Fax: 336/768-1773

Publish: April 21,28; May 5,12

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Administrator, CTA, of the Estate of John Spach Creech, Jr., 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 July 21, 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 21st day of April, 2016.            

Juliana Creech,

Administrator, CTA

1802 Oakcrest Ct.

Winston-Salem, NC 27106     

Publish: April 21,28; May 5,12

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Co-Administrators of the Estate of NANCY VIRGINIA RIDDLE MASON, 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 July 21, 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 21st day of April, 2016.            

Robert Keith Mason,

Co-Administrator

557 Cornatzer Road

Mocksville, NC 27028        

Cynthia Kay Payne

Co-Administrator         

134 Cedar Ridge Rd.,

Mocksville, NC 27028

Publish: April 21,28; May 5,12

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of EDWARD DUANE LUTES, late of Davie County, North Carolina, this is to notify all persons, firms and corporations having claims against the Estate to exhibit them to the undersigned at the office of Ingersoll & Hicks, PLLC, Post Office Box 25167, Winston-Salem, North Carolina 27114 on or before July 21, 2016, or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 21st day of April, 2016

Loretta Lutes Beam,

Executor

Marc W. Ingersoll,

Attorney:

Ingersoll & Hicks, PLLC

Publish: April 21,28; May 5,12

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Elvania W. Crews, deceased, late of Davie County, North Carolina, this is to notify all persons, firms and corporations having claims against the estate of said deceased to exhibit them to Mr. Harold E. Crews, Executor, c/o George A. “Trip” Payne, Esq., Kasper & Payne, P.A., P.O. Box 687, 3626 Clemmons Road, Clemmons, NC 27012, on or before the 29th day of July, 2016, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

This the 20th day of April, 2016.

Harold E. Crews, Executor

Attorney George A. “Trip” Payne

Kasper & Payne, P.A.

P.O. Box 687

3626 Clemmons Road,

Clemmons, NC 27012

Publish: April 28; May 5,12,19

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor for the Estate of LORENE N. CRATER, 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, John N. Wall, at the office of T. Dan Womble, Esq., P.O. Box 1698, or 3802-A Clemmons Road, Clemmons, NC 27012, on or before July 28, 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 28th day of April, 2016.

John N. Wall,
Executor of the Estate

Submit payments & claims to:

T. Dan Womble, Esq.

Attorney for the Estate

PO Box 1698

3802-A Clemmons Road

Clemmons, NC 27012

336-766-8085

Publish: April 28, May 5,12,19

NORTH CAROLINA

DAVIE COUNTY

PUBLIC ADMINISTRATOR’S

NOTICE

Having qualified as Public Administrator of the Estate of Paul M. Sawicki, Deceased, late of Davie County, North Carolina, this is to notify all persons having claims against the estate of the deceased to exhibit them to the undersigned on or before August 4, 2016, or this Notice will be pleaded in bar of their right to recover against the estate of the said deceased. All persons indebted to said estate will please make immediate payment.

This the 28th day of April, 2016.

Bryan C. Thompson

Public Administrator

of the Estate

of Paul M. Sawicki

SURRATT & THOMPSON, PLLC

100 N. Main Street, Suite 2425

Winston-Salem, NC 27101

(336) 725-8323

Publish: April 28; May 5,12,19

NORTH CAROLINA

DAVIE COUNTY

CREDITOR’S NOTICE

Having qualified as Administrator of the Estate of Betty Jo Mock Carlton, deceased, late of Davie County, NC, this is to notify all persons having claims against the estate to present them, duly verified, to the undersigned Administrator, c/o Lowe & Williams, PLLC, PO Box 1463, Mt. Airy, NC  27030, on or before August 4, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

Date of Notice: April 25, 2016.

Sharon H. Lowe,

Administrator of the Estate

of Betty Jo Mock Carlton

Lowe & Williams, PLLC

PO Box 1463

Mt. Airy, NC 27030

(336) 786-1181

Publish: April 28; May 5,12,19

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Administrator of the Estate of Norman Larry Carlton, deceased, late of Davie County, NC, this is to notify all persons having claims against the estate to present them, duly verified, to the undersigned Administrator, c/o Lowe & Williams, PLLC, PO Box 1463, Mt. Airy, NC  27030, on or before August 4, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

Date of Notice: April 25, 2016

Sharon H. Lowe,

Administrator of the Estate

of Norman Larry Carlton

Lowe & Williams, PLLC

PO Box 1463

Mt. Airy, NC 27030

(336) 786-1181

Publish: April 28; May 5,12,19

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Kimberly R. Marshall, having qualified as Executor of the Estate of Patricia Sara Ehrengruber, a/k/a Patricia Darmohray Ehrengruber, Patricia S. Ehrengruber, deceased, late of Davie County, North Carolina, hereby notifies all persons having claims against said Estate to present them to Kimberly R. Marshall, c/o Timothy J. Ehlinger at 4622 Country Club Road, Suite 260, Winston-Salem, North Carolina, 27104, on or before the 29th day of July, 2016, or this Notice will be pleaded in bar of recovery. All persons indebted to said Estate will please make immediate payment to the undersigned at the above-designated address.

This the 28th day of April, 2016.

KIMBERLY R. MARSHALL,

EXECUTOR, ESTATE

OF PATRICIA SARA

EHRENGRUBER

Timothy J. Ehlinger, Esq.

TIMOTHY J. EHLINGER, PLLC

4622 Country Club Road,

Suite 260

Winston-Salem, NC 27104

336-794-6000

336-794-6030 (fax)

Publish: April 28; May 5,12,19

NOTICE OF SERVICE

OF PROCESS

BY PUBLICATION

STATE OF NORTH CAROLINA,

DAVIE COUNTY

In the General Court of Justice

District Court Division

Luis Alberto Gabino Yanez

v. Prudenciana Montano Ponce;

To Prudenciana Montano Ponce:

Take notice that a pleading seeking relief against you has been filed in the above-entitled action.  The nature of the relief being sought is as follows: Absolute Divorce.

You are required to make defense to such pleading not later than May 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 12th day of April, 2016

Christian Thomas,

Attorney for Plaintiff

215 North Broad Street

Winston-Salem, NC 27101 Publish: April 14,21,28

NORTH CAROLINA

DAVIE COUNTY

ADMINISTRATRIX’S NOTICE

The undersigned, having qualified as the Administratrix of the Estate of Karamchand Chananram Sehgal, late of Davie County, North Carolina, hereby notifies all persons, firms and corporations having claims against said estate to present them, duly verified, to the undersigned, on or before July 18, 2016, 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 14th day of April, 2016.

Rita K. Sehgal,

Administratrix,

Estate of Karamchand Chananram Sehgal

1144 Riverbend Drive

Advance, NC 27006

Rakesh Sehgal

Attorney at Law

P. O. Box 7805

Rocky Mount, NC 27804

(252) 443-0113

Publish: April 14,21,28; May 5

NOTICE OF

PUBLIC HEARING

before the

DAVIE COUNTY

BOARD OF

COMMISSIONERS

for the following Road Names

NOTICE IS HEREBY GIVEN, pursuant to the requirements of Paragraph 94.140 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, Mocksville, NC on Monday, May 2, 2016 at 6:00 p.m.

Sunflower Trail:  The Board of Commissioners will consider a petition to name a private road as Sunflower Trail.  This road is located at 1177 Eatons Church Road, Mocksville.  If the new road name is approved, all existing addresses will be changed to reflect the new road name.

Farm Ridge Lane: The Board of Commissioners will consider a petition to name a private road as Farm Ridge Lane.  This road is located at 1101 Ridge Road, Mocksville.  If the new road name is approved, all existing addresses will be changed to reflect the new road name.

All parties and interested citizens are invited to attend said hearing at which time they shall have an opportunity to be heard in favor of or in opposition to the foregoing changes.  Prior to the hearing, all persons interested may obtain any additional information on a proposal or ask any questions they may have by visiting the Technology Solutions Department on weekdays between 8:30 a.m. and 5:00 p.m. or by telephone at (336) 753-6040.

Publish: April 21,28

NOTICE OF

CONGRESSIONAL PRIMARY ELECTION

DAVIE COUNTY,

NORTH CAROLINA

A congressional primary election will be held on Tuesday, June 7, 2016 in Davie County to vote in the following contests: NC Supreme Court Associate Justice, and Congressional offices of DEMOCRATIC: US House of Representatives District 13; REPUBLICAN: US House of Representatives District 13.

Most voters will be asked to present acceptable photo identification when presenting to vote in person, with exceptions for voters who are unable to obtain acceptable photo identification, have a religious objection to being photographed, or are victims of a natural disaster. Acceptable forms of photo identification are a NC Driver License or DMV-issued identification card (expired up to four years), US Passport or Passport card (unexpired), Military ID card or Veterans Affairs ID card (unexpired, if there is an expiration date), and certain tribal enrollment cards.  Voters who are unable to obtain one of these forms of identification may still vote if the inability to obtain such identification is due to a reasonable impediment such as a lost or stolen ID, lack of transportation, illness or disability, a lack of proper documents, work schedule. These voters may vote a provisional ballot after completing a Reasonable Impediment Declaration and providing an alternate form of identification, or the last four digits of their Social Security Number and their date of birth. Alternate forms of identification for voters who complete a Reasonable Impediment Declaration include their voter registration card or a current utility bill, paycheck, government check, bank statement, or other government document bearing the voter’s name and current address. Voters who use curbside voting may also present one of the alternative forms of identification described in the last sentence. Photo identification for voting is available from the DMV at no cost. For assistance with obtaining acceptable photo identification or for more information on exceptions and alternative voting options, please contact the State Board of Elections outreach team toll-free at 1-866-522-4723 or visit www.VoterID.nc.gov.

Polls will be open from 6:30 a.m. to 7:30 p.m. on the day of the primary, Tuesday, June 7.  Early voting will be held at the Davie County Board of Elections office beginning at 8:00 a.m. on Thursday, May 26 and ending at 1:00 p.m. on Saturday, June 4.  Early voting will be closed Monday, May 30 in observance of Memorial Day. Canvass will be held in the Davie County Board of Elections office at 11:00 a.m. on Tuesday, June 14.

Absentee voting by mail is available. Requests for an absentee ballot must be made on an Absentee Request form (available on the State Board of Elections website, at the county board of elections office and where early voting is offered), and must be received in the Davie County Board of Elections office or any early voting site by 5:00 p.m. on Tuesday, May 31.  All voters who voted by mail for the March 15 Primary will receive an absentee ballot in the mail. Absentee voting requires completing an application on the return envelope that must be witnessed by two qualified persons or a notary public. Completed absentee ballots must be returned to the Davie County Board of Elections by 5:00 p.m. on Election Day (ballots received by mail after this time will be timely if received within three business days and postmarked as of Election Day). Voters may receive assistance in voting a mail-in absentee ballot may receive assistance from a qualified person of their choice. If the voter lives a facility such as a nursing home, and the voter’s near relative or legal guardian is not available, the voter or the facility can arrange to have the county board of elections schedule a visit by a Multipartisan Assistance Team to provide assistance and serve as witnesses.

All persons who are registered to vote with the Davie County Board of Elections may vote in this primary. Unaffiliated voters will be given a choice of ballot. Affiliated voters may vote a nonpartisan ballot if the party of their affiliation does not have any contests scheduled for this primary. Persons who are not already registered to vote in the county must register by Friday, May 13 to be eligible to vote in this primary. Voters who are not registered in the county by that deadline may register and vote during early voting only, and will be required to provide documentation of their identity and residence.  Voters who wish to change party affiliation or who have changed name or address must do so by the registration deadline.  Voters who fail to timely make a change in name or address in the county must update the information when presenting to vote, and may be required to vote a provisional ballot.   

Voters voting in person are entitled to assistance by an election official, or if assistance is needed due to disability or illiteracy, by a qualified person of their choice. Registration and voting sites are accessible to all voters.  Curbside voting is available for voters who are not physically able to enter voting sites.

  Persons with questions about registration, polling places, early voting, absentee ballots, a Multi-partisan Assistance Team visit to a facility or other election matters may call the Davie County Board of Elections Office at 336-753-6072.

Luther B. Potts,

Chairman

Davie County Board

of Elections

Publish: April 21,28,May5

PUBLIC NOTICE

The Individuals with Disabilities Education Act (IDEA-Part B, Public Law 108.446) Project is presently being amended.  The Project describes the special education programs that Davie County Schools proposes for Federal funding for the 2016-2017 school year.  Interested persons are encouraged to review amendments to the Project and make comments concerning the implementation of special education under this Federal Program. All comments will be considered prior to submission of the amended Project to the North Carolina Department of Public Instruction in Raleigh, North Carolina. The IDEA-Part B Project is open to the public for review and comments during the week of May 16-20, 2016 in the office of Jennifer Custer, Director of Exceptional Children, located at Central Davie Education Center, 220 Campbell Road, Mocksville, NC 27028.

Publish: April 28

NORTH CAROLINA

DAVIE COUNTY

NOTICE OF SERVICE

BY PUBLICATION

16CVD127

STATE EMPLOYEES CREDIT UNION

v. KEVIN MAURICE COWAN

TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action.  The nature of the relief being sought is as follows: contract for money owed. That plaintiff have and recover from defendant damages from a breach of contract entered into between plaintiff and defendant, plus interest at the legal rate, costs, counsel fees, and such other and further relief as the Court may deem just and proper.

You are required to make a defense to such pleading no later than the 9th day of  June, 2016, (40 days from the date of the first publication).  Upon your failure to do so, the party seeking relief will apply to the Court for the relief sought.

This the 27th day of April, 2016.

Attorney George A. “Trip” Payne

Kasper & Payne, P.A.

P.O. Box 687

3626 Clemmons Road,

Clemmons, NC 27012

Publish: April 28, May 5,12

NORTH CAROLINA

DAVIE COUNTY

NOTICE OF

FORECLOSURE SALE

15 SP 165

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Theon H. Vance, Jr. and Sandra T. Vance (PRESENT RECORD OWNER(S): Sandra T. Vance and Theon Vance, Jr.) to Mitchell L. Heffernan, Trustee(s), dated the 10th day of August, 1999, and recorded in Book 311, Page 335, in Davie 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 Davie 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 Mocksville, Davie County, North Carolina, or the customary location designated for foreclosure sales, at 10:15 AM on May 9, 2016 and will sell to the highest bidder for cash the following real estate situated  in the County of Davie, North Carolina, and being more particularly described as follows:

BEGINNING at an iron, Karr Graves northeast corner in Lucy Crotts line and the southeast corner of the second tract described by Deed Book 48, Page 256 and running thence with Graves line North 83 degs. 56’ West 270.62 feet to an iron stake; thence North 06 degs. 27’ East 35.66 feet to an iron; thence North 59 degs. 15’ East 181.3 feet to an iron; thence North 74 degs. 42’ East 134.9 feet to an iron; thence South 01 degs. 11’ West 193.4 feet to the BEGINNING, containing 0.79 acres, more or less, and being a part of the second tract described by Deed Book 48, Page 256 as surveyed September 13, 1977 by R. Turner.  Together with improvements located thereon; said property being located at 136 Red Fern Lane, Mocksville, North Carolina.

TOGETHER WITH a perpetual easement of ingress and egress 12 feet in width leading from the above tract to NCSR 1801 (commonly known as the “Deadmon Road”) said easement having as its southern boundary the following described line:  BEGINNING at an iron, the northeast corner of the above described 0.79 acre tract and running thence South 74 degs. 42’ West 134.9 feet; thence South 59 degs. 15’ West 181.3 feet; thence South 68 degs 51’ West 71.0 feet; thence North 89 degs. 48’ West 300.0 feet to the center of NCSR 1801 right of way said easement to be appurtenant to the above described 0.79 acre tract and to run with the same in the hands of all persons whomsoever.

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 deposit of five percent (5%) of the purchase price, 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.

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.

Additional Notice for Residential 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 N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.

Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of foreclosure 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 this 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.

SUBSTITUTE TRUSTEE

SERVICES, INC.

SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

Phone No: (910) 864-3068

https://sales.hutchenslawfirm.com

Case No: 1163289 (FC.FAY)

Publish: April 28, May 5

NORTH CAROLINA

DAVIE COUNTY

NOTICE OF

FORECLOSURE SALE

15 SP 165

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Theon H. Vance, Jr. and Sandra T. Vance (PRESENT RECORD OWNER(S): Sandra T. Vance and Theon Vance, Jr.) to Mitchell L. Heffernan, Trustee(s), dated the 10th day of August, 1999, and recorded in Book 311, Page 335, in Davie 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 Davie 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 Mocksville, Davie County, North Carolina, or the customary location designated for foreclosure sales, at 10:15 AM on May 9, 2016 and will sell to the highest bidder for cash the following real estate situated  in the County of Davie, North Carolina, and being more particularly described as follows:

BEGINNING at an iron, Karr Graves northeast corner in Lucy Crotts line and the southeast corner of the second tract described by Deed Book 48, Page 256 and running thence with Graves line North 83 degs. 56’ West 270.62 feet to an iron stake; thence North 06 degs. 27’ East 35.66 feet to an iron; thence North 59 degs. 15’ East 181.3 feet to an iron; thence North 74 degs. 42’ East 134.9 feet to an iron; thence South 01 degs. 11’ West 193.4 feet to the BEGINNING, containing 0.79 acres, more or less, and being a part of the second tract described by Deed Book 48, Page 256 as surveyed September 13, 1977 by R. Turner.  Together with improvements located thereon; said property being located at 136 Red Fern Lane, Mocksville, North Carolina.

TOGETHER WITH a perpetual easement of ingress and egress 12 feet in width leading from the above tract to NCSR 1801 (commonly known as the “Deadmon Road”) said easement having as its southern boundary the following described line:  BEGINNING at an iron, the northeast corner of the above described 0.79 acre tract and running thence South 74 degs. 42’ West 134.9 feet; thence South 59 degs. 15’ West 181.3 feet; thence South 68 degs 51’ West 71.0 feet; thence North 89 degs. 48’ West 300.0 feet to the center of NCSR 1801 right of way said easement to be appurtenant to the above described 0.79 acre tract and to run with the same in the hands of all persons whomsoever.

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 deposit of five percent (5%) of the purchase price, 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.

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.

Additional Notice for Residential 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 N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.

Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of foreclosure 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 this 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.

SUBSTITUTE TRUSTEE

SERVICES, INC.

SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

Phone No: (910) 864-3068

https://sales.hutchenslawfirm.com

Case No: 1163289 (FC.FAY)

Publish: April 28, May 5