Legal Notices for Week of Nov. 2, 2017

Published 9:33 am Thursday, November 2, 2017

17 SP 49

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 Barry D. Allen and Billie M. Allen to Mark P. Moir, Trustee(s), which was dated November 8, 2001 and recorded on November 14, 2001 in Book 394 at Page 686 and rerecorded/modified/corrected on March 1, 2002 in Book 410, Page 435; rerecorded/modified/corrected on March 21, 2002 in Book 413, Page 293 and rerecorded/modified/corrected on November 9, 2006 in Book 687, Page 687, 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 November 13, 2017 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 Lot #1 of Ferebee Acres subdivision, as the same is recorded in Plat Book 6, Page 195 (slide 239).

For back reference see Book 62, Page 344, Davie County Registry.

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

Said property is commonly known as 1773 Angell Road, Mocksville, 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 Barry D. Allen and wife, Billie M. Allen.

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.: 14-01818-FC02

PUBLISH: Nov. 2,9

NOTICE OF

PUBLIC HEARING

BERMUDA RUN

TOWN COUNCIL

NOTICE IS HEREBY GIVEN, that the Town Council of Bermuda Run will meet at 7:00 P.M. on Tuesday, November 14, 2017 at the Town Hall, located at 120 Kinderton Blvd., Suite 100, Bermuda Run, NC  27006, to hold a public hearing and to receive public comment on the following item:

Comprehensive Plan Update

Public hearing regarding the adoption of the Town of Bermuda Run’s Comprehensive Plan update.  The draft can be viewed on the project website at www.planbermudarun.com.

All interested parties are invited to attend the public hearing and present their comments to the Bermuda Run Town Council.  Please call Town Planner Erin Burris at 1-800-650-3925 x104 if you have questions.  Please call the Bermuda Run Town Hall at (336) 998-0906 if you need special accommodations for the meeting.  Hearing impaired persons desiring additional information or having questions regarding this subject should call the North Carolina Relay Number for the Deaf  (1-800-735-8262).

Publish: Nov. 2

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

HAVING QUALIFIED as Administrator of the Estate of DORIS COOK WALKER, late of Davie County, NC, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before February 2, 2018, (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 November, 2017.

Jack Everette Walker

Administrator

190 Redland Road

Advance, NC 27006

Publish: Nov.2,9,16,23

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

Having qualified as Executor of the Will of Hope F. Hall, a/k/a Sara Hope Fitchett Hall, Hope Fitchett Hall and Mrs. Robert B. Hall, Sr., late of Advance, 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 Womble Carlyle Sandridge & Rice, LLP, One West Fourth Street, Winston-Salem, NC 27101, on or before the 12th day of January, 2018, 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 12th day of October, 2017.

HOPE H. TATE,

EXECUTOR OF THE WILL

OF HOPE F. HALL

Kimberly H. Stogner

Womble Carlyle Sandridge

& Rice, LLP

One West Fourth Street,

Suite 1200

Winston-Salem, NC 27101

Publish: Oct.12,19,26;Nov.2

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

HAVING QUALIFIED as Co-Executors of the Estate of HARRY LEE EDWARD CALL, 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 January 19, 2018, (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 19th day of October, 2017.

TONY LEE CALL

130 Wig Street

Mocksville, NC 27028

TIMOTHY LANCE CALL

130 Wig Street

Mocksville, NC 27028

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Oct.19,26;Nov.2,9

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of ROBERT GEORGE MCCLAMROCK, 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 January 26, 2018, (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 18th day of October, 2018.

JOYCE CHAPMAN

MCCLAMROCK

181 Lowder Lane

Mocksville, NC 27028

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Oct.26;Nov.2,9,16

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of CLYDE B. BOGER, 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 January 26, 2018, (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 18th day of October, 2018.

GARY B. BOGER

229 Dogwood Lane

Mocksville, NC 27028

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: Oct.26;Nov.2,9,16

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of JUNE ASCHER MICHALOVE, late of Davie County, NC, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before January 26, 2018, (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 October, 2017.

LOWELL MICHALOVE,

Executor of the Estate

8209 Troxaway Court

Lewisville, NC 27023

Publish: Oct.26;Nov.2,9,16

NORTH CAROLINA

DAVIE COUNTY

NOTICE OF

FORECLOSURE SALE

17 SP 111

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Alvin D. Bacon and Tina M. Gabriel-Bacon to Coleman Law Firm, Trustee(s), dated the 10th day of April, 2009, and recorded in Book 789, Page 190, and Modification in Book 908, Page 778, and Modification in Book 994, Page 423, 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 November 6, 2017 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:

The following land in the following real property:

Beginning at an existing iron pin, the Southeastern corner of the within described tract in the Northern right of way margin of SR 1821, the Southwestern corner of Ronnie H. Riddle (Deed Book 137, Page 683); thence from the beginning North 78 deg. 31 min. 33 sec. West 250 feet to a new iron pin, the Southwestern corner of the within described tract, new corner of William H. Broadway et ux (Deed Book 136, Page 163); thence North 8 deg. 39 min. 18 sec. East 245.80 feet to a new iron pin; thence South 80 deg. 46 min. 18 sec. East 124.77 feet to a new iron pin; thence North 08 deg. 13 min. 55 sec. East 174.22 feet to a new iron pin, being the Northwestern corner of the within described tract, new corner of William H. Broadway; thence South 80 deg. 22 min. 47 sec. East 122.95 feet to a new iron pin, the Northeastern corner of the within described tract in the line of Ronnie H. Riddle, said iron being located South 08 deg. 13 min. 00 sec. West 1015.28 feet from an exiting iron pin, being the corner of William H. Broadway and Ronnie H. Riddle; thence with the Riddle line South 08 deg. 13 min. 00 sec. West 429.00 feet To The Point and Place of Beginning, containing 1.922 acres as surveyed by Hall’s Land Surveying Company of September 16, 1988 and being a portion of that property described in Deed Book 136 at Page 163.  Be the same more or less but subject to all legal highways.  Together with improvements located thereon; said property being located at 305 Singleton Road, Mocksville, North Carolina.

Parcel Number:  N60000007712

Property also known as:  305 Singleton Rd, Mocksville, NC 27028.

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: 1218120 (FC.FAY)

Publish: Oct. 26, Nov. 2

INVITATION TO BID

MWBE Subcontractors

& Suppliers

Davie Construction Company is requesting proposals from  Certified MWBE Subcontractors & Suppliers for the “Courtney Elementary School Gymnasium Replacement, Yadkinville, NC.” Divisions 1,2,3,4,5,6,7,8,9,10,11,14,15,16.

MWBE must be certified or eligible for MWBE certification

Subcontractor bids are due in the office no later than 5:00 PM, Monday, November 20, 2017. Plans are available for review at the following locations: DCC Office. Interested subcontractors should contact Brantley Smith, (336) 940-6600, PO Box 1724 Clemmons, NC 27012. All contractors will receive consideration for employment without regard to race, creed, color, or national origin.

Publish: Nov. 2

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of Carolyn Thomason Wagner, 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 February 2, 2018, or this Notice will be plead 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 25th day of October 2017.

Wendy Vermillion

Executor of the Estate

of Carolyn Thomason Wagner

c/o Brandy E. Koontz

Attorney for Wendy Vermillion

181 South Main Street

Mocksville, NC 27028

Publish: Nov.2,9,16,23