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, May 3

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

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

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

DAVIE 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

STATE OF NORTH CAROLINA

COUNTY OF DAVIE

NOTICE OF SALE

UNDER AND BY VIRTUE of the power of sale contained in that certain Deed of Trust executed by James F. Molidor and Dorothy A. Molidor, dated February 29, 2008, and recorded in Book 748 at Page  1023 in the Office of the Register of Deeds of Davie County; and under and by virtue of the authority vested in the undersigned as Substitute Trustee by that certain instrument recorded in Book 1071 at Page 1009 the Office of the Register of Deeds of Davie County; and under and by virtue of that certain Authorization, Findings and Order entered by the Clerk of Superior Court of Davie County on April 23, 2018, and of record in File 18 SP 37, default having been made in the payment of the indebtedness secured by said Deed of Trust and the said Deed of Trust being by its terms subject to foreclosure, and the holder of the indebtedness thereby secured having demanded the foreclosure thereof for the purpose of satisfying said indebtedness, and due notice having been given to those entitled to same, the undersigned Substitute Trustee will offer for sale at public auction, to the highest bidder, for cash, at the Courthouse door in Mocksville, Davie County, North Carolina, at 12:00 Noon, on May 18, 2018, the land conveyed in said Deed of Trust, the same being owned of record by Molidor Revocable Living Trust Agreement dated November 11, 1997, and being more particularly described as follows:

BEING KNOWN AND DESIGNATED as Lot 110 as shown on the map entitled BERMUDA VILLAGE (VILLAS 1b), PHASE 1b, as shown on the recorded Plat recorded in Plat Book 5, Page 127, Davie County Registry, reference to which is hereby made for a more particular description.

TOGETHER with a non-exclusive easement for ingress, egress and access over the streets to said lot and across a 60’ access easement more particularly described in Deed recorded in Book 117, Page 197, Davie County Registry.

SUBJECT TO that certain declaration of restrictive covenants as recorded in Deed Book 124, Page 839, as amended, in the Office of the Register of Deeds of Davie County, North Carolina, which are incorporated herein as if set forth in their entirety.

Together with all the buildings, fixtures and improvements thereon, and all rights, easements, hereditaments and appurtenances thereunto belonging, including all heating, plumbing, ventilating, lighting goods, equipment and other tangible and intangible property, attached to or reasonably necessary to the use of such premises.

The aforesaid sale will be made subject to all encumbrances existing prior to the recording of the above-referenced Deed of Trust, including all valid and enforceable liens and also will be subject to all taxes and special assessments outstanding against the property.

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 representatives 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.

Should the property be purchased by a party other than the holder of the Deed of Trust being foreclosed, that purchaser must pay, in addition to the amount bid, the following items: (i) the tax required by N.C. Gen. Stat. Section 7A-308(a)(1) of Forty-five Cents (45¢) per One Hundred Dollars ($100) of the bid amount up to a maximum tax of Five Hundred Dollars ($500), and (ii) the excise tax on conveyance required by N.C. Gen. Stat. Section 105-228.28 et seq. of One Dollar ($1) per Five Hundred Dollars ($500) or fractional part thereof of the bid amount.

The successful bidder at sale may be required to make an immediate cash deposit of the greater of five percent (5%) of the amount bid or Seven Hundred Fifty and no/100 Dollars ($750.00).

The upset bids procedure of North Carolina General Statute Section 45-21.27 is applicable to this sale.

The following applies if the property being sold is residential real property with less than 15 rental units, including single-family residential real property:  (1) Pursuant to NCGS Section 45-21.29, the clerk of superior court of the county in which the property is sold may issue an order of possession of the property in favor of the purchaser and against the party or parties in possession.  (2) Any person who occupies residential real property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving this 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 [of termination] 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.  The tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

Date of Notice:  April 23, 2018

Elizabeth M. Repetti

Substitute Trustee

P.O. Box 21029

Winston-Salem, NC 27120-1029

(336) 722-3700

This communication is an attempt to collect a debt and any information obtained will be used for that purpose.

Publish: May 3,10

PUBLIC NOTICE

Pursuant to the Board of Education policy, notice is hereby given that the Davie County School System intends to destroy selected inactive Exceptional Children records which are presently on file. Materials to be destroyed include only the special education records of individuals with a birth year of 1994, and do not include any individual’s permanent school record. These materials will be destroyed on or after June 20, 2018. Call (336) 751-2491 for additional information or to request copies of materials prior to their destruction.

Publish: MAY 3,10

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Public Administrator of the Estate of Joseph Andrew Spillman, 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 August 10, 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 3rd day of May, 2018.

Bryan C. Thompson

Public Administrator

of the Estate

of Joseph Andrew Spillman

SURRATT THOMPSON

& CEBERIO, PLLC

210 South Cherry Street

Winston-Salem, NC 27101

(336) 725-8323

Publish: May 3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Administrator of the Estate of LAURA J. CULLER, 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 August 10, 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 3rd day of May, 2018.

Jaclyn Marie Barber,

Administrator of the Estate

208 Nolley Road

Mocksville, NC 27028

Publish: May 3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

Having qualified as Public Administrator of the Estate of Barbara Jean Sales, AKA Barbara Jean Young, 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 August 10, 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 3rd day of May, 2018.

Bryan C. Thompson

Public Administrator

of the Estate

of Barbara Jean Sales,

AKA Barbara Jean Young

SURRATT THOMPSON

& CEBERIO, PLLC

210 South Cherry Street

Winston-Salem, NC 27101

(336) 725-8323

Publish: May 3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of CAROL KIMMER STROUD, 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 Aug. 3, 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 3rd day of May, 2018.

James Randall Stroud

Executor of the Estate

1800 Ridge Road

Mocksville, NC 27028

Publish: May 3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of ANN A. HARTMAN, (aka Ann Ashley Hartman), deceased 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 Aug. 3, 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 3rd day of May, 2018.

Danny G. Hartman,

aka Danny Gray Hartman

Executor of the Estate

5963 Drake Road

Greensboro, NC 27406

Publish: May 3,10,17,24

NORTH CAROLINA

DAVIE COUNTY

NOTICE TO CREDITORS

HAVING QUALIFIED as Executor of the Estate of FRANCES MUNDAY WOOTEN, deceased 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 Aug. 3, 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 3rd day of May, 2018.

Chad David Blackwelder,

Executor of the Estate

1723 Jericho Church Road,

Mocksville, NC 27028

Publish: May 3,10,17,24