Legal Notices for Week of April 26, 2018

Published 9:31 am Friday, April 27, 2018

17 SP 98

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 Richard W. Berryhill and Kimberly J. Berryhill to Martin J. Levine, Trustee(s), which was dated July 8, 2005 and recorded on July 18, 2005 in Book 0616 at Page 0926 and rerecorded/modified/corrected on January 3, 2011 in Book 848, Page 276, 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 May 10, 2018 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Davie County, North Carolina, to wit:

Lying and being in Mocksville Township, Davie County, North Carolina and beginning at a solid iron found, said solid iron found being an Eastern corner of Linda G. Jones, Deed Book 150, page 380, Parcel 17.04 and being the Southwest corner of Linda G. Jones, Deed Book 151, page 16, Parcel 17.01; thence with said Jones line, South 85 degrees, 06 minutes, 10 seconds East 418.14 feet to a point, said point being located in the center of Green Hill Road (SR 1116); thence with the center of said road the following courses and distances: South 32 degrees, 58 minutes, 30 seconds West 84.24 feet to a point; South 38 degrees, 22 minutes, 28 seconds West 110.37 feet to a point; South 40 degrees, 20 minutes, 11 seconds West 119.93 feet to a point and South 36 degrees, 46 minutes, 10 seconds West 21.48 feet to a point; thence with the line of Kenneth D. Foster, Deed Book 150, page 378, Parcel 17.03, North 80 degrees, 50 minutes, 25 seconds West 413.23 feet to an iron placed; thence with the line of said Linda G. Jones, North 39 degrees, 46 minutes, 10 seconds East 306.70 feet to the POINT AND PLACE OF BEGINNING and containing 2.635 acres as surveyed by C. Ray Cates on August 27, 1994.

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

Said property is commonly known as 936 Greenhill 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 Kimberly Jones Berryhill and husband, Richard Wayne Berryhill, Jr.

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.: 15-19356-FC03

Publish: April 26, June 3

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of ARTHUR C. RATLEDGE, JR., deceased, late of Davie 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 5th day of July, 2018 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 5th day of April, 2018.

Aushante Melendez,

Executor of the Estate

of Arthur C. Ratledge, Jr.

4402 Hwy. 801 N.,

Mocksville, NC 27028

Publish: April 5,12,19,26

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Co-Executors of the Estate of KAY FRANCES DRUM, (a/k/a Kay F. Drum; Kay Safley Drum), deceased, late of Davie 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 5th day of July, 2018 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 5th day of April, 2018.

James D. Williams

Co-Executor of the Estate

236 Bonkin Lake Road,

Mocksville, NC 27028

Robert D. Rogers,

Co-Executor of the Estate

569 Sheffield Road

Mocksville, NC 27028

Publish: April 5,12,19,26

NORTH CAROLINA

WAKE COUNTY

NOTICE TO CREDITORS

Having qualified as Administrator of the Estate of Dorothy Wallbrown, deceased, late of Wake 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 5th day of July, 2018 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 5th day of April, 2018.

Hubert Witte,

Administrator of the Estate

Submit claims or payments to:

Robert Cansler, Esq.

PO Box 2122

Concord, NC 28026-2122

Publish: April 5,12,19,26

NOTICE OF SERVICE

BY PROCESS

BY PUBLICATION

IN THE GENERAL COURT

OF JUSTICE

DISTRICT COURT DIVISION

FILE NO. 17 CvD 207

NORTH CAROLINA

DAVIE COUNTY

Davie County, A Body Politic

and Corporate

vs.

Steven Caldwell Foster

TO: Steven Caldwell Foster

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:

Foreclosure sale to satisfy unpaid property taxes owing to Davie County on your interest in the property described as follows:

BEGINNING at an iron stake in Chaffin Street the northeast corner of Lot No. 4 and running thence East 86.4 feet to an iron stake; thence North 22 degs. East 61 feet to an  iron stake; thence West 120.3 feet to an iron stake in Chaffin Street; thence South 2 degs. West with Chaffin Street to the BEGINNING CORNER and being Lot No. 3 in Map of J.A. Foster’s Lots, as surveyed and platted by A. L. Bowles. Surveyor on February 19, 1948.

Being all of that parcel described in a deed recorded in Book 120, Page 228.

Also being identified as Parcel ID# J5010A0013, Davie County Tax Office.

Address:

170 Williams Street,

Mocksville, NC 27028

Plaintiff seeks to extinguish any and all claims and interests that you may have in the property, to have a commissioner appointed to sell the Property and to deliver to the purchaser a deed to said real estate in fee simple, free and clear of all encumbrances, and that the interests and equities of redemption of the Defendants in the property be forever barred and foreclosed.

You are required to make defense to such pleading not later than May 23, 2018 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This day of March 26, 2018.

Richard J. Kania

Attorney for Plaintiff

600-A Centrepark Drive

Asheville, North Carolina  28805

(828) 252-8010

Publish: April 12,19,26

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of WILLIAM ARTHUR MOORE, deceased, late of DAVIE 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 12th day of July, 2018 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 12th day of April, 2018.

Pamela M. Gray,

Executrix of the Estate

540 Rabbit Farm Trail

Advance, NC 27006

Publish: April 12,19,26; May 3

NOTICE OF SERVICE

BY PROCESS

BY PUBLICATION

IN THE GENERAL COURT

OF JUSTICE

DISTRICT COURT DIVISION

FILE NO. 18 CvD 153

NORTH CAROLINA

DAVIE COUNTY

Davie County, A Body Politic and Corporate vs. Phyllis A. Blackmon, Unknown Spouse of Phyllis A. Blackmon, Yvonne Lyons, Unknown Spouse of Yvonne Lyons, Unknown Heirs at Law of Joesceaphus Lyons, III, a/k/a Unknown heirs of Joe Sceaphus Lyons Jr., Bryan C. Thompson, Administrator, William Brock, Lienholder, Davie County Hospital, Lienholder, a/k/a Davie Medical Center, a/k/a Davie County Emergency Health Corporation, State of North Carolina, Lienholder, Quality Oil Company, LLC, Lienholder, Martin & Van Hoy LLP, Lienholder

TO: Phyllis A. Blackmon, Unknown Spouse of Phyllis A. Blackmon, Yvonne Lyons,  Unknown Spouse of Yvonne Lyons, Unknown Heirs at Law of Joesceaphus Lyons, III, a/k/a Unknown heirs of Joe Sceaphus Lyons Jr., Bryan C. Thompson, Administrator, William Brock, Lienholder, Davie County Hospital, Lienholder, a/k/a Davie Medical Center, a/k/a Davie County Emergency Health Corporation, State of North Carolina, Lienholder, Quality Oil Company, LLC, Lienholder, Martin & Van Hoy LLP, Lienholder

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:

Foreclosure sale to satisfy unpaid property taxes owing to Davie County on your interest in the property described as follows:

BEING all of that tax parcel bearing Parcel Number B50000005701, and NC PIN 5843 54 1605 in the Davie County Tax Department, and being a 2.21 acre parcel, more or less, with an address of 294 Pineville Road, and bounded as follows:

On the east by Seven Springs Estate (NC PIN 5843 54 4810) and McDaniels (5843 54

2486); on the north by Seven Springs Estate (5843 55 9238); on the west by Fowler (5843 44 9696); and on the south by Pineville Road.

And being that portion of the property conveyed to Nellie Lyons by deed recorded in Book 47, Page 227 which is east of the parcel described in Book 63, Page 123.

Plaintiff seeks to extinguish any and all claims and interests that you may have in the property, to have a commissioner appointed to sell the Property and to deliver to the purchaser a deed to said real estate in fee simple, free and clear of all encumbrances, and that the interests and equities of redemption of the Defendants in the property be forever barred and foreclosed.

You are required to make defense to such pleading not later than May 30, 2018 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This day of April 10, 2018.

Richard J. Kania

Attorney for Plaintiff

600-A Centrepark Drive

Asheville, North Carolina  28805

(828) 252-8010

Publish: April 19,26, May 3

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of CHARLIE HOLT HOWELL, 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 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 April, 2018.

TOMMIE DOBY

487 Briar Creek Road

Advance, NC 27006

MARTIN & VAN HOY, LLP

Attorneys at Law

10 Court Square

Mocksville, NC 27028

Publish: April 19,26; May 3,10

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of GORDON C. SMITH, 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 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 April, 2018.

LAURA W. JOHNSON,

Executor of the Estate

837 Kentwood Circle

Statesville, NC 28677

Publish: April 19,26; May 3,10

NORTH CAROLINA

DAVIE COUNTY

PUBLIC NOTICE

PUBLIC SALE: Mocksville Mini Storage intends to sell the contents of the following units in an attempt to collect unpaid rent and expenses:

#418, Rachel Hammel

#133, Frank Stalker

#97, Teresa Phillips

#65, Tina Myers

#8, Mark Johnson

#102, Crystal Brown

#208, Orlando Easter

Household items.

No personal checks accepted.

PUBLIC SALE DATE:

May 4, 2018

AT 12:00 NOON

124 Eaton Road, Mocksville

(336) 751-2483

Publish: April 19,26

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 6:00 p.m. on Tuesday, May 1, 2018 to hear the following items:

Zoning Text Amendment. The Board will review a text amendment to the Zoning Ordinance in 8-3.8.2 Additional Conditions: Accessory Communication Antennae, 8-3.8.66 Wireless Telecommunication Facilities, 8-3.3.5 Table of Uses, 8-3.10.3 Definitions regarding Wireless Telecommunication.

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 8:00 a.m. and 5:00 p.m. or by telephone at (336) 753-6050.

Publish: April 19,26

NORTH CAROLINA

DAVIE COUNTY

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of Barbara Jean Luce, 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 Aug. 2, 2018, 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 26th day of April, 2018.

Richard Seats,

Executor of the Estate

of Barbara Jean Luce

c/o Bryan C. Thompson

SURRATT THOMPSON

& CEBERIO, PLLC

210 South Cheery Street

Winston-Salem, NC 27101

(336) 725-8323

Publish: April 26; May 3,10,17

NORTH CAROLINA

FORSYTH COUNTY

EXECUTOR’S NOTICE

Having qualified as Co-Executors of the Estate of William Evan Hall, 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 Aug. 2, 2018, 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 26th day of April, 2018.

Elizabeth H. Sparks,

Co-Executor of the Estate

213 Hidden Creek Dr.

Advance, NC 27006

William A. Hall,

Co-Executor of the Estate

1029 10th Street Lane NW

Hickory, NC 28601

Publish: April 26; May 3,10,17