Legal Notices for Week of Nov. 9, 2017

Published 9:24 am Thursday, November 9, 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

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 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

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