Legal Notices for week of June 23, 2016

Published 10:18 am Thursday, June 23, 2016

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of JOHN HARDIN MCCLANNON, 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 September 2, 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 25th day of May, 2016.

BILLY WAYNER MCCLANNON

433 North Pino Road

Mocksville, NC 27028

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: May 26; June 2,9,16

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of LONNIE GENE MILLER, 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 undersigned on or before the 9th day of September, 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 9th day of June, 2016.

Patrick C. Miller,

Executor of the Estate

3279 NC Hwy. 801 N.
Mocksville, NC 27028

Publish: June 9,16,23,30

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Priscilla M. Moore, (a/k/a Priscilla Moore, Priscilla Mattinson Moore, 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 undersigned at the office of their attorney at 110 Oakwood Drive, Suite 300, Winston-Salem, NC 27103-1958, on or before the 9th day of September, 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 9th day of June, 2016.

Elizabeth O’Meara,

Executor

Estate of Priscilla M. Moore

Craige Jenkins Liipfert

& Walker, LLP

Publish: June 9,16,23,30

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Administratrix of the Estate of JOHN PAUL NICKELS, 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 undersigned on or before the 9th day of September, 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 9th day of June, 2016.

Brittany Nicole Nickels

Administratrix of the Estate

1120 Millcreek Ct.

East Bend, NC 27018

Publish: June 9,16,23,30

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Administratrix of the Estate of BRIAN LEIGH CHAMBERS, 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 undersigned on or before the 16th day of September, 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 16th day of June, 2016.

Kara Chambers,

Administratrix of the Estate

2583 Dogwood Falls St.

Winston-Salem, NC 27103

Publish: June 16,23,30; July 7

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of MARY ELIZABETH BROCK WEST, 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 undersigned on or before the 16th day of September, 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 16th day of June, 2016.

TIMOTHY A. WEST,

Executor of the Estate

222 Brentwood Drive

Advance, NC 27006

Publish: June 16,23,30; July 7

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Co-Executors of the Estate of PATRICIA ANN FROST, (a/k/a Patricia Ann Upchurch Frost), 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 undersigned on or before the 16th day of September, 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 16th day of June, 2016.

Scot D. Mulheron,

Co-Executor

445 Gloucestershire Road

Winston-Salem, NC 27104

Ellen F. Muleron,

Co-Executor

445 Gloucestershire Road

Winston-Salem, NC 27104

Publish: June 16,23,30; July 7

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of ROBERT P. HARTSELL, 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 undersigned on or before the 23rd day of September, 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 23rd day of June, 2016.

Duane T. Hartsell,

Executor

PO Box 219

Cooleemee, NC 27014 (Mail)

839 Gladstone Rd.

Mocksville, NC 27028

Publish: June 23,30; July 7,14

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of JUDITH ANN RICHLEY, 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 undersigned on or before the 23rd day of September, 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 23rd day of June, 2016.

Brenda R. Mosko

Executrix

247 Cana Road

Mocksville, NC 27028

Publish: June 23,30; July 7,14

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of RALPH NEAL CLARK, (a/k/a Ralph Neal Clark), 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 undersigned on or before the 23rd day of September, 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 23rd day of June, 2016.

Ralph Neal Clark, Jr.

Executor of the Estate

6163 Williams Court

Rocky Mount, NC 27803

Publish: June 23,30; July 7,14

NORTH CAROLINA

DAVIE COUNTY

AMENDED NOTICE OF

FORECLOSURE SALE

15 SP 103

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Larry Thies and Michelle Thies (PRESENT RECORD OWNER(S): Larry Thies and Michele Thies) to Larry D’Amelio III, Trustee(s), dated the 10th day of November, 2006, and recorded in Book 688, Page 895, 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 June 27, 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:

Tract One: Beginning at an iron stake in the Western edge of Cooleemee Junction Road, Southeast corner of Lot No. 7 and running thence North 87 deg. West 352 feet to an iron stake in the Jacob Foster line, thence South 3 deg. West 85 feet to an iron stake; thence South 87 deg. East 353 feet to an iron stake in the Western edge of Cooleemee Junction Road; thence North 2 deg. 20’ East 85 feet to the point and place of beginning and being Lot No. 8 according to an unrecorded map surveyed and platted by J.C. Comer and A.L. Bowles, Registered Surveyor, of the A.R. Holleman Property owned by John A. Spillman for back title see Deed Book 71, at Page 193, Davie County Registry.

Tract Two:  A certain lot of parcel of land located in Mocksville Township and being a portion of a large tract described in Book 71, at Page 193, Davie County Registry and described as follows:  Beginning at an iron pipe in the Western edge of the Cooleemee Junction Road, Paul Davidson Southeast corner (see Book 81, Page 378) and running thence S. 2 deg. 20’ West 85 ft. with the edge of said road to an iron pin; thence N. 87 deg. W. 354 ft. to an iron in Blanch Hedricks line; thence North 3 deg. E. 353 ft. to an iron, Paul Davidson NW corner, thence South 87 deg. E. 353 ft. to the point and place of beginning containing 30,045 square feet and being Lot #9 according to an unrecorded plat or map of the A.R. Holleman Property prepared by A.L. Bowles, Registered Surveyor, 12/14/64

The property hereinabove described was acquired by instrument recorded in Book 655, Page 951, Davie County Public Register of Deeds.

Together with improvements located thereon; said property being located at 550 Junction Road, Mocksville, 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 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: 1156942 (FC.FAY)

PUBLISH: JUNE 16,23

NORTH CAROLINA

DAVIE COUNTY

AMENDED NOTICE OF

FORECLOSURE SALE

16 SP 74

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Jamie V. Ascencio aka Jaime Violante Ascencio to BB&T Collateral Service Corporation, Trustee(s), dated the 23rd day of November, 2004, and recorded in Book 582, Page 884, and Order in Book 871, Page 275, 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 June 27, 2016 and will sell to the highest bidder for cash the following real estate situated in the City of Mocksville, in the County of Davie, North Carolina, and being more particularly described as follows:

Beginning at an iron in Kimmer Road, Tutterow corner; runs North 72 East with road 3.03 chains to an iron in said road; thence South 15 East 8.00 chains to an iron in colored church line; thence South 88 West with church line and Williams 3.03 chains to an iron Tutterow corner; thence North 15 West with Tutterow line 8.00 chains to the beginning and containing 2.4 acres, more or less.  Together with improvements located thereon; said property being located at 156 Twin Cedars Golf Road, Mocksville, North Carolina.

Save and except from the above lands that tract containing 1.2 acres, more or less, conveyed by G.H. Tutterow et ux to Carl James by deed recorded in Deed Book 50, Apge 550, Davie County Registry.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that 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: 1169831 (FC.FAY)

PUBLISH: JUNE 16,23

PUBLIC NOTICE

The proposed Schedule, Standards, and rules for Appraising Real Property in Davie County for the revaluation of real property effective January 1, 2017 have been submitted to the Davie County Board of Commissioners and are available for public inspection in the office of the Davie County Tax Administrator, County Administration Building 123 South Main Street, Mocksville, North Carolina.

The proposed use value schedule for appraising real property at present use effective January 1, 2017, have been submitted to the Davie County Board of Commissioners and are available for public inspection in the office of the Davie County Tax Administrator, County Administration Building 123 South Main Street, Mocksville, North Carolina

A PUBLIC HEARING will be held on the proposed Schedules, Standards, and Rules for the revaluation of all real property and the proposed Schedules, Standards, and Rules for the revaluation of all present use appraised property effective January 1, 2017 at 6:00 p.m., Monday July 5, 2016 in the Commissioners Room, County Administration Building, 123 South Main Street, Mocksville, NC.

Brian S. Myers

Davie County

Tax Administrator

06/09/2016

Publish: June 9,16,23,30

113206-00049/FNMA

16-SP-70

NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Stephanie McDaniel Scoggins and William C. Scoggins IV, dated June 10, 2003 and recorded on June 12, 2003 in Book No. 489 at Page 576 in the Office of the Register of Deeds of Davie County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Davie County Courthouse, Mocksville, North Carolina on July 6, 2016 at 1:00 PM that parcel of land, including improvements thereon, situated, lying and being in the City of Mocksville, County of Davie, State of North Carolina, and being more particularly described in the above referenced Deed of Trust..

Address of property: 112 N Hazelwood Dr,

Mocksville, NC 27028

Tax Parcel ID: J7080B0022

Present Record Owners:

Stephanie McDaniel

Scoggins and William C. Scoggins, IV

The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.  The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed.

The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments.  Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required.

If for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee.

Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units:

An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.

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

Rogers Townsend &

Thomas, PC

Substitute Trustee

3800 Arco Corporate Drive, Suite 250

Charlotte, NC 28273

(704)442-9500