Legal Notices for week of Sept. 22, 2016

Published 9:55 am Thursday, September 22, 2016

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Louis Stanley Ocker, 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 November 25, 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 24th day of August, 2016.

Andrew Frank Ocker

Administrator of the Estate

of Louis Stanley Ocker

c/o Vogler Koontz-Stockert, PLLC

181 South Main Street

Mocksville, NC 27028

Publish: Aug. 25; Sept. 1,8,15

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

CREDITOR’S NOTICE

HAVING QUALIFIED as Executor of the Estate of JIMMIE RAY SEAGLE, 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 December 1, 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 1st day of September, 2016.

James Luther Seagle
Executor of the Estate

256 Logan Court

King, NC 27021

Publish: Sept. 1,8,15,22

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

CREDITOR’S NOTICE

HAVING QUALIFIED as Executrix of the Estate of HENRY W. RIDGE, 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 December 1, 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 26th day of August, 2016.

JANET KAY RIDGE

788 North Main Street

Mocksville, NC 27028

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Sept. 1,8,15,22

NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Robert Lindesy McAlphin (a/ka Robert Linsey McAlphin) deceased, late of Forsyth County, North Carolina, this is to notify all persons, firms and corporations having claims against the estate of said deceased to exhibit them to the undersigned at 102 South Cherry Street, Winston-Salem, NC 27101, on or before December 19, 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 15th day of September, 2016.

Jo Ann Horne McAlphin,

Executor of The Estate

of Robert Lindsey McAlphin

(a/k/a/ Robert Linsey

McAlphin)

Stafford R. Peebles, Jr., PC

102 South Cherry Street

Winston-Salem, NC 27101

(336) 723-7363

Publish: Sept.15,22,29,Oct.6

NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Administratrix of the Estate of MARGARET KEBA KORNAS deceased, late of Forsyth County, North Carolina, this is to notify all persons, firms, corporations and others having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 22nd day of December 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 22nd day of September, 2016.

MARIANNE DELONG

Administatrix of the Estate

121 White Eagle Court

Advance, NC 27006

Publish: Sept.22,29,Oct.6,13

NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of BOBBY LEE HEPLER, deceased, late of Forsyth County, North Carolina, this is to notify all persons, firms, corporations and others having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 22nd day of December 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 22nd day of September, 2016.

STEVEN L. HEPLER,

Executor of the Estate

351 Chase Drive

Salisbury, NC 28147

Publish: Sept.22,29,Oct.6,13

NORTH CAROLINA DAVIE COUNTY

Special Proceedings

No. 15 SP 237

Substitute Trustee:

Philip A. Glass

RE-NOTICE OF

FORECLOSURE SALE

Date of Sale:

September 28, 2016

Time of Sale: 12:00 p.m.

Place of Sale:

Davie County Courthouse

Description of Property:

See Attached Description

Record Owners:

Ernest William Mixon and

Sheila Darlene Mixon

Address of Property:

3015 U.S. Hwy 601 South

Mocksville, NC 27028

Deed of Trust:

Book: 238 Page: 862 as reformed by that Judgment recorded at Book 1015,

Page 1008

Dated: May 14, 1996

Grantors: Ernest William Mixon and Shelia Darlene Mixon

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: 8/18/2016

Philip A. Glass,

Substitute Trustee

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

EXHIBIT “A”

“Being Lots 46 and 47, Map 1, Block B, of Boxwood as shown on Plat Book 4, pages 48-49, as recorded in the office of the Davie County Register of Deeds.”

“Additional Property Description” which is attached hereto as Exhibit A, together with a security interest in that certain 1996, 64 X 26 BERKSHIRE mobile home, serial number NCFLT69AB12024BS12.

Publish:  Sept. 15, 22

PUBLIC NOTICE

DOCKET NO. SP-8135

SUB 0 APPLICATION OF QUAIL HOLDINGS, LLC

FOR A CERTIFICATE OF PUBLIC CONVENIENCE

AND NECESSITY

NOTICE IS HEREBY GIVEN that on July 12, 2016, Quail Holdings, LLC (Applicant), filed an application seeking a certificate of public convenience and necessity pursuant to G.S. 62-110.1(a) for construction of a 25-MW solar generating facility to be located at west of the termination of Crepe Myrtle Lane in Mocksville, Davie County, North Carolina. The Applicant plans to sell the electricity to Duke Energy Carolinas, LLC.

Details of the application may be obtained from the Office of the Chief Clerk of the North Carolina Utilities Commission, 430 N. Salisbury Street, 5th Floor, Dobbs Building, Raleigh, North Carolina 27603 or 4325 Mail Service Center, Raleigh, North Carolina 27699-4300 or on the Commission’s website at www.ncuc.net.

If a complaint is received within ten days after the last date of the publication of this notice, the Commission will schedule a public hearing to determine whether a certificate should be awarded, will give reasonable notice of the time and place of the hearing to the Applicant and to each complaining party, and will require the Applicant to publish notice of the hearing in this newspaper. If no complaint is received within the time specified above and if the Commission does not order a hearing upon its own initiative, the Commission will enter an order awarding the certificate sought by the Applicant.

Persons desiring to lodge complaints may file statements to that effect with the Commission. Such statements should reference Docket No. SP-8135, Sub 0 and be addressed as follows: Chief Clerk, North Carolina Utilities Commission, 4325 Mail Service Center, Raleigh, North Carolina 27699-4300.

Statements may also be directed to Christopher J. Ayers, Executive Director, Public Staff – North Carolina Utilities Commission, 4326 Mail Service Center, Raleigh, North Carolina 27699-4300 or to The Honorable Roy Cooper, Attorney General of North Carolina, 9001 Mail Service Center, Raleigh, North Carolina 27699-9001.

Publish: Sept. 8,15,22,29

14 SP 213

AMENDED NOTICE

OF FORECLOSURE SALE

NORTH CAROLINA,

DAVIE COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by James J. Hennessey and Sieglinde Hennessey to Wade H. Leonard Jr., Trustee(s), which was dated May 27, 2004 and recorded on May 27, 2004 in Book 553 at Page 690 and rerecorded/modified/corrected on January 30, 2007 in Book 698, Page 325, Davie 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 October 3, 2016 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Davie County, North Carolina, to wit:

Being all of Lots 4 and 5 of Fostall Development recorded in Plat Book 4, Page 127, Davie County Registry to which reference is hereby made for a more particular description.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 4343 US Highway 601 North and Lot 4 adjacent to 4343 US Highway 601 North, Mocksville City, NC 27028.

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.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

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 James J. Hennessey and wife Sieglinde G. Hennessey.

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 [NCGS § 45-21.16A(b)(2)].  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.: 11-28168-FC03

Publish: Sept.22,29

NOTICE OF

GENERAL ELECTION

DAVIE COUNTY

NORTH CAROLINA

A general election will be held on Tuesday, November 8, 2016 in DAVIE COUNTY to vote in the following contests: President and Vice President, US Senate, US House of Representatives District 13, NC Governor, NC Lieutenant Governor, NC Attorney General, NC Auditor, NC Commissioner of Agriculture, NC Commissioner of Insurance, NC Commissioner of Labor, NC Secretary of State, NC Superintendent of Public Instruction, NC Treasurer, NC State Senate District 34, NC House of Representatives District 79, Board of Commissioners, Register of Deeds, Board of Education, NC Supreme Court Associate Justice, NC Court of Appeals Judge (5 contests), NC Superior Court Judge District 22B, Soil and Water Conservation District Supervisor .   In addition to the previous contests, voters who live in the Town of Mocksville will also vote in a referendum to permit the operation of ABC stores.

Polls will be open from 6:30 a.m. to 7:30 p.m. on the day of the election, Tuesday, November 8.  One-stop early voting will be held at the DAVIE COUNTY Board of Elections office, Bermuda Run Town Hall, Jerusalem VFD, William R. Davie VFD, and Fork Civic Center.  One-stop early voting will be open from Thursday, October 20 until 1:00 p.m. on Saturday, November 5. Please refer to www.daviecountync.gov/Departments/Elections for the ONE-STOP SCHEDULE. Canvass will be held in the DAVIE COUNTY Board of Elections office at 11:00 a.m. on Friday, November 18.

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 one-stop early voting is offered), and must be received in the DAVIE COUNTY Board of Elections office or any one-stop early voting site by 5:00 p.m. on Tuesday, November 1.  Absentee voting requires the voter to complete 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 considered timely if they are received within three business days and postmarked on or before Election Day). Voters may receive assistance voting a mail-in absentee ballot 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 may 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 election. Persons who are not already registered to vote in the county must register by Friday, October 14 to be eligible to vote in this election. Voters who are not registered in the county by that deadline may register and vote during one stop 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. Voting sites are accessible to all voters.  Curbside voting is available for voters who are not able to enter voting sites.

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

Luther B. Potts, Chairman

Davie Board of Elections

Publish: Sept. 22, 29, Oct.6

NOTICE OF PUBLIC

HEARING –

MONARCH

There will be a public hearing concerning Monarch’s application for the NC DOT 5310 Transportation Grant (Enhanced Mobility of Seniors and Individuals with Disabilities Program). The hearing will be held on Tuesday, October 4 at 4:00 p.m. at the Town of Mocksville Board of Commissioners meeting held at the Mocksville Town Hall, 171 S. Clement Street, Mocksville, NC 27028. For questions, contact Laurie Weaver, Senior Director of Philanthropy, at (704) 986-1536.

Notificación de la

audiencia pública

– Monarch

Habrá una audiencia pública sobre la concesión de Monarch para el NC DOT 5310 de Becas de Transporte (Movilidad mejorada de Mayores y Personas con Discapacidades.) La audiencia se llevará a cabo el 4 de octubre a las 4:00 p.m. durante la reunión a la ciudad de Mocksville Junta de Comisionados, Mocksville Town Hall, 171 S. Clement Street, Mocksville, NC 27028. Para preguntas, pónganse en contacto con Laurie Weaver, director de la filantropía, a (704) 986-1536.

Publish: Sept. 29

NOTICE OF

PUBLIC HEARING

BEFORE THE BOARD OF COUNTY COMMISSIONERS

FOR THE ADOPTION OF RECREATION AND PARKS ORDINANCES

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 10.03 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, October 3, 2016 at 6:00pm to hear the following requests:

Proposed Ordinances. The Board will hold a public hearing to consider adoption of a new chapter to the Davie County Code of Ordinances titled: Davie County Recreation and Parks Ordinances.

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.

Copies of the proposed Davie County Recreation and Parks Ordinances will be made available at the Recreation and Parks Department Administrative offices located at Brock Recreation Center, 644 North Main Street, Mocksville, NC. 27028. Additional information may be directed via telephone at (336) 753-TEAM (8326).

Paul A. Moore, CPRP

Director

Davie County Recreation

and Parks

Publish: Sept. 22,29

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 October 3, 2016 at 6:00pm to hear the following requests:

Text Amendment. The Board will review a text amendment in Chapter 50 of the Code of Ordinances, Solid Waste.

Zoning Text Amendment. The Board will review a text amendment in 155.125 and 155.130.29 of the Zoning Ordinance regarding solar farms.

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 & Facilities 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: Sept. 22,29

NOTICE OF PUBLIC HEARING

BEFORE THE MOCKSVILLE TOWN BOARD

FOR THE FOLLOWING ORDINANCE AND ZONING AMENDMENTS

NOTICE IS HEREBY GIVEN, PURSUANT TO THE REQUIREMENTS of Chapter 160A-364 of the General Statutes of North Carolina and pursuant to Section 8-3.9.7 of the Mocksville Zoning Ordinance, that the Town Board of Commissioners will hold a PUBLIC HEARING in the Town Hall, Mocksville, NC, at 4:00 p.m. on Tuesday, October 4, 2016 to hear the following items:

Zoning Text Amendment. The Board will review a text amendment to the Zoning Ordinance in 8-3.3.2 (L) General and Conditional Districts, Flood Plain District & 8-3.3.5 Table of Uses.

10/70 Request. Dragonfly House Children’s Advocacy Center Inc. is petitioning the Town of Mocksville for the approval of a 10/70 provision for 0.712 acres of property with access from Valley Road. The property is located between 371 Valley Road and the intersection with Ridgeview Drive and is further identified as Davie County Tax Parcels I4140A0016. The applicant is requesting 21,407 sq. ft. or 69% to be impervious and 9,618 sq. ft. or 31% to remain as pervious.

All parties and interested citizens 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 the proposal by visiting the Development Services Department, 298 E Depot Street, Mocksville, N.C. between 8:30 a.m. and 5:00 p.m. or by telephone at (336) 753-6050.

Publish: Sept. 22, 29