LEGAL NOTICE
CO-ADMINISTRATORS’ NOTICE
Having qualified as Co-Administrators of the estate of Dean Thomas Dancy, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 27th day of November, 2008, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 26th day of August, 2008.
JACK DANCY
603 Sulphur Springs Rd.
Hiddenite, NC 28636
JILL ROUSE
302 Walters Drive
Lagrange, NC 28551
sep17-08p administrator
ADMINISTRATRIX’S NOTICE
Having qualified as Administratrix of the estate of Jane Kay Hawkins, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 20th day of November, 2008, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 18th day of August, 2008.
RUTH FOY
8974 Hwy. 90 East
Stony Point, NC 28678
sep10-08p administratrix
NOTICE OF SALE
NOTICE IS HEREBY GIVEN that the undersigned intends to sell the personal property described below to enforce a lien imposed on said property pursuant to Article 4, Subsections G.S. 44A-43 of the North Carolina Self Service Storage Facility Act. The Undersigned will sell at public sale by competitive bidding on the 13th day of September, 2008, at 10:00 a.m., on the premises where said property has been stored and is located at A-1 Mini Storage, 414 Highway 16 North, Taylorsville, NC, County of Alexander, State of North Carolina, the following: #12-Debra Helms; #37-Adrienne Ewart; #47-Cynthia McHeary Rose; #84-Michelle Leigh Lloyd. Purchases must be paid for at the time of purchase in cash only. All purchased items sold as is, where is, and must be removed at the time of sale. Sale subject to cancellation in the event of settlement between the owner and obligated party.
Dated this 11th day of August, 2008.
A-1 Mini Storage
414 Highway 16 North
Taylorsville, NC 28681
(828)635-5555
aug27-08c
EXECUTOR’S NOTICE
Having qualified as Executor of the estate of Eva Nell Sherrill, deceased, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 6th day of November, 2008, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 3rd day of July, 2008.
SCOTT HAMMER
1706 Midway Road
Stony Point, NC 28678
aug27-08p executor
ADMINISTRATRIX’S NOTICE
Having qualified as Administratrix of the estate of Ernestine W. Kaylor, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 13th day of November, 2008, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 5th day of August, 2008.
JOANNE TART
247 Hillsboro Rd.
Taylorsville, NC 28681
sep3-08p administratrix
NOTICE OF
SUBSTITUTE TRUSTEE'S
FORECLOSURE SALE
OF REAL PROPERTY
UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Paul D. Salvaterra and Susan L. Salvaterra, dated February 1, 2002 and recorded on February 13, 2002, in Book 0430 at Page 2019 in the Office of the Register of Deeds of Alexander County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Alexander County Courthouse, in Taylorsville, North Carolina, on Tuesday, September 2, 2008, at 11:30 A.M. that parcel of land, including improvements thereon, situated, lying and being in the City of Taylorsville, County of Alexander, State of North Carolina, and being more particularly described as follows:
BEGINNING at a nail in the center line of State Road 1283 in the southern line of a tract of the property of Terry and Lisa Jones and thence running with the center line of State Road 1283, South 4 degrees 18' 03" Easter 184 feet to a nail in the central line of said road; thence running South 85 degrees 41' 57" West 280.77 feet to an iron rod; thence running North 46 degrees 18' 25" West 237.41 feet to an iron rod in the southern property line of Terry and Lisa Jones; thence running North 84 degrees 38' 11" East 439.72 feet to a nail in the center line of State Road 1283, same being the point of BEGINNING.
The above described property consisting of approximately 1.50 acres and shown as Tract 2 on a survey for Mearl Newsome and wife, Ila Newsome by B-H Surveying Co. dated 3/19/1992.
This property is subject to the right of way for State Road 1283.
For deed reference, see Book 334, page 14, Book 185, Page 620, Book 70, Page 408 and Book 5, Page 307, in the office of the Register of Deeds of Alexander County.
Address of property: 122 Liberty Lane, Taylorsville, NC 28681
Present Record Owners: Paul D. Salvaterra and Susan L. Salvaterra
The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. The Substitute Trustee reserves the right to require a cash deposit or a certified check not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00). In the event that the Holder is exempt from paying the same, the successful bidder may also be required to pay revenue stamps on the Trustee's Deed, any Land Transfer Tax, and the tax required by N.C.G.S. §7A-308(a)(1).
The real property hereinabove described is being offered for sale “AS IS, WHERE IS" and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required.
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 sale and reinstatement of the loan without the knowledge of the Trustees. If the validity of the sale is challenged by any party, the Trustees, in their sole discretion, if they believe the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units:
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 upon 10 days’ written notice to the landlord. 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.
This the 7th day of July, 2008.
Kellam & Pettit, P.A.
Substitute Trustee
2701 Coltsgate Road
Suite 300
Charlotte, NC 28211-3594
(704) 442-9500
aug27-08c
NOTICE TO
CREDITORS
NORTH CAROLINA
ALEXANDER COUNTY
The undersigned having qualified as Executrix of the Estate of Russell L. Maynard, Jr., deceased, late of Alexander County, North Carolina, hereby gives notice to persons having claims against said Estate to present them to the undersigned on or before November 20, 2008, or this Notice will be pled in bar of their recovery. All persons indebted to said Estate will please make immediate payment to the undersigned.
This 20th day of August, 2008.
DOROTHY BRIDGEMAN
MAYNARD
1349 Rink Dam Road
Taylorsville, NC 28681
WILLIAM R. SIGMON
Attorney for the Estate
SIGMON, CLARK,
MACKIE, HUTTON,
HANVEY & FERRELL, P.A.
P.O. Drawer 1470
Hickory, NC 28603
sep10-08c executrix
ADMINISTRATRIX’S NOTICE
Having qualified as Administratrix of the estate of Roy Lee Bentley, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 20th day of November, 2008, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 11th day of August, 2008.
DEBRA HARRINGTON
BENTLEY
4802 Black Oak Ridge Rd.
Taylorsville, NC 28681
sep10-08p administratrix
EXECUTOR’S NOTICE
Having qualified as Executor of the estate of Fred Ray Pennell, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 20th day of November, 2008, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 13th day of August, 2008.
WILLIAM RAY PENNELL
7421 Flay Rd.
Cherryville, NC 28021
sep10-08p executor
NOTICE OF
PUBLIC HEARING ON
REZONING CASE 08-2
ALEXANDER COUNTY, NC
The public will hereby take notice that the Alexander County Board of Commissioners has called a public hearing at 6:00 p.m. on Monday, September 8, 2008 in CVCC-Alexander Campus Multi-Purpose Room 103 to consider Rezoning Case 08-2. Rezoning Case 08-2 is for property located at 7000 Highway 90E and identified by the Alexander County Tax Department as Tax ID#H8-33A. The applicant requests rezoning from RA-20 (Residential-Agricultural) to H-C (Highway-Commercial) to allow for an antiques shop and for retail automobile sales.
A copy of the proposed rezoning is on file with the Planning Department at 621 Liledoun Road. All interested parties are encouraged to attend and public comments are welcome.
Sylvia L. Turnmire,
Director
aug27-08c
NOTICE OF
PUBLIC HEARING ON
TEXT AMENDMENT 08-4
ALEXANDER COUNTY, NC
The public will hereby take notice that the Alexander County Planning and Zoning Commission has called a public hearing at 6:00pm on Thursday, September 4, 2008 in CVCC-Alexander Campus Multi-Purpose Room 103. The board will review Text Amendment 08-4 in regards to Chapter 154.125 of the Alexander County Zoning Ordinance. Staff requests an amendment to the off-premise sign section.
A copy of the text amendment is on file with the Planning Department at 621 Liledoun Road. All interested parties are encouraged to attend and public comments are welcome.
Sylvia L. Turnmire,
Director
aug27-08c
NOTICE OF SALE
IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
DIVISION
ALEXANDER COUNTY
08SP116
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MELODY D. WINTERS NKA MELODY D. AMMERMAN AND TRACY N. AMMERMAN DATED FEBRUARY 25, 2005 AND RECORDED IN BOOK 478 AT PAGE 2446 IN THE ALEXANDER COUNTY PUBLIC REGISTRY, NORTH CAROLINA
Pursuant to a Court order and under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 2:00 PM on September 2, 2008 the following described real estate and any other improvements which may be situated thereon, in Alexander County, North Carolina, and being more particularly described as follows:
TRACT I: BEGINNING at an iron pin set, Richard Kennington's Southeast corner, thence with Kennington's line North 30 degrees 04 minutes 07 seconds East 310.85 feet to a concrete marker, Kensington's Northeast corner in the line of W. E. Williams, thence with Williams' line South 35 degrees 20 minutes 31 seconds East 387.84 feet to a concrete marker, a corner of Williams and John Bouchard; thence with Bouchard's line South 21 degrees 55 minutes 20 seconds West 100.14 feet to an axle in the line of Dessia Privette; thence with Privette's line and the line of Jenne S. Wilson North 67 degrees 45 minutes 00 seconds West 370.30 feet to the BEGINNING, containing 1.68 acres, more or less, all according to a survey prepared by L. B. Grier, Registered Land Surveyor, on November 1, 1985.
FOR BACK TITLE see Deed recorded in Book 292 at Page 652 of the Alexander County Registry.
THERE IS ALSO CONVEYED HEREWITH all right, title and interest in those certain right-of-ways for ingress, egress and regress recording in Book 219 at Page 899 and Book 237 at Page 571 of the Alexander County Registry.
TRACT II: BEGINNING at a point in paved State Road 1557, Kennington Lane, thence running South 67 degrees 45 minutes 00 seconds 150.97 feet along the Gary E. Harris, Jr. line to an iron; thence continuing with the Harris line, North 87 degrees 22 minutes 01 second West 70.68 feet to an iron; thence North 30 degrees 04 minutes 07 seconds East 280.85 feet to a concrete monument; 1thence continuing on 30 feet to a point in paved road 1557, Kennington Lane at junction in Williams and Steele line; thence South 40 degrees 47 minutes 03 seconds West 165.09 feet to the point of BEGINNING, said tract of land being approximately 1.25 acres.
FOR BACK TITLE see Deed recorded in Book 336 at Page 372 of the Alexander County Registry.
TRACT III: BEGINNING at an iron pin, a corner of the Richard Kennington property and situated on the Eastern edge of the right-of-way of a dirt road designated SR 1554; thence with the Kennington line, South 67 degrees 45 minutes East 180.97 feet to an iron pin, said iron pin being the Northwest corner of the Jenne Wilson tract as described in Deed recorded in Book 189 at Page 924 of the Alexander County Registry, and being the Southwestern corner of that 1.68-acre tract previously conveyed by Deed dated October 26, 1988; and running thence with the Wilson line, South 17 degrees 31 minutes 23 seconds West 70 feet to an iron pin, a corner of the Richard Kennington property; thence with the Kennington line, North 67 degrees 40 minutes 54 seconds West 195.14 feet to an iron pin situated on the Eastern margin of the right-of-way of SR 1554, a dirt road; thence with the Eastern line of the right-of-way of SR 1554, North 29 degrees 08 minutes 40 seconds East 70 feet to the point and place of BEGINNING, containing 15,182.93 square feet; and being in accordance with that highlighted tract set forth on the plat of L. B. Grier, Registered Land Surveyor, dated November 1, 1985, to which reference is made for a more particular description.
FOR BACK TITLE see Deed recorded in Book 300 at Page 969 of the Alexander County Registry.
TRACT IV: BEGINNING at a point in State Road 1557 (Kennington Lane) corner of G. E. Harris and line of Jeff Steele and running thence North 67 degrees 40 minutes 54 seconds East 225.0 feet to an iron in the corner of G. E. Harris and J. S. Wilson, thence South 17 degrees 35 minutes 35 seconds West 191.24 feet; thence with the line of R. W. Kennington and D. W, Privette; thence North 67 degrees 40 minutes 54 seconds West 232.10 feet to a point in State Road 1557 (Kennington Lane); thence with the Jeff Steele line, thence North 19 degrees 43 minutes 06 seconds East 190.79 feet to the point and place of BEGINNING.
FOR BACK TITLE see Deed recorded in Book 359 at Page 262 of the Alexander County Registry.
FOR BACK TITLE for the above four (4) referenced tracts see Trustee's Deed recorded inBook 464 at Page 930 of the Alexander County Registry. Also see Deed of Trust recorded in Book 434 at Page 2406 of the Alexander County Registry and Deed recorded in Book 405 at Page 951 of the Alexander County Registry.
FOR FURTHER BACK TITLE see Deeds recorded in Book 300 at Page 969, Book 336 at Page 372, Book 292 at Page 652, Book 359 at Page 262 and Book 261 at Page 149 of the Alexander County Registry.
And Being more commonly known as: 207 Kennington Ln., Statesville, NC 28625.
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Melody Duncan Winters.
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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is August 12, 2008.
08-106344
Grady Ingle
Substitute Trustee
8520 Cliff Cameron Drive,
Suite 300
Charlotte, NC 28269
(704)333-8107
http://shapiro
attorneys.com/nc/
aug27-08c
NOTICE OF SALE
IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT
DIVISION
ALEXANDER COUNTY
08SP123
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DANA B. CRABTREE AND KATHY J. MCKAMEY DATED JANUARY 7, 2004 AND RECORDED IN BOOK 463 AT PAGE 1313 IN THE ALEXANDER COUNTY PUBLIC REGISTRY, NORTH CAROLINA
Pursuant to a Court order and under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 2:30 PM on September 9, 2008 the following described real estate and any other improvements which may be situated thereon, in Alexander County, North Carolina, and being more particularly described as follows:
BEGINNING at an iron pin in the southern margin of the right-of-way of NCSR No. 1354, said point being John D. Reeses northwest corner and runs thence South 1 deg 58 min 12 sec East 302.11 feet to an iron pin; thence South 86 deg 13 min 47 sec West 134.34 feet to an iron pin; thence North 13 deg 03 min 20 sec West 268.30 feet to an iron pin; thence North 10 deg 10 min 40 sec East 183.10 feet to an iron pin, in the northern right-of-way of NCSR No. 1354; thence South 39 deg 11 min 17 sec East with said road 49.96 feet; thence South 52 deg 23 min 41 sec East 151.52 feet to the BEGINNING, containing 1.39 acres, more or less, as surveyed by Richard C. Current, R.S. dated October 19, 1993.
And Being more commonly known as: 125 Reese Loop, Taylorsville, NC 28681
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Dana Crabtree and Kathy McKamey.
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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is August 19, 2008.
08-106629
Grady Ingle
Substitute Trustee
8520 Cliff Cameron Drive
Suite 300
Charlotte, NC 28269
(704) 333-8107
http://shapiro
attorneys.com/nc/
sep30-08c
NOTICE OF
FORECLOSURE SALE
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Mary Lynne Hession and Robert Joseph Hession to TRSTE, Inc., Trustee(s), dated the 5th day of September, 2007, and recorded in Book 512, Page 670, Alexander 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 Alexander 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 Taylorsville, Alexander County, North Carolina at 11:45 a.m. on September 9, 2008 and will sell to the highest bidder for cash the following real estate situated in the County of Alexander, North Carolina, and being more particularly described as follows:
BEGINNING at an iron stake in the northern right of way margin of Lakemont Drive, said iron stake being North 78 deg. 31' East 18 feet from the Southeast corner of Lot 12 in Block B of the Lakemont Subdivision as recorded in Plat Book 2 at Page 129 of the Alexander County Registry, and running thence North 11 deg. 29' West 200.00 feet to an iron stake in the Southern line of Lot 4; thence North 78 deg. 31' East 130.00 feet to an iron stake, thence South 11 deg. 29' East 200.00 feet to an iron stake in the Northern right of way margin of Lakemont Drive, thence South 78 deg. 31' West 130.00 feet to the point of Beginning and being part of Lots 10 and 11 of Block B of the Lakemont Subdivision, as recorded in Plat Book 2 at Page 129 of the Alexander County Registry. Together with improvements located thereon; said property being located at 134 Lakemont Park Road, Hickory, North Carolina.
For back reference to title see Deed Book 250 at Page 771, Book 236, at Page 987, and Book 84 at Page 370, Alexander County Registry.
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 person must pay the tax 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.
A cash deposit or cashier’s check (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.
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 upon 10 days’ written notice to the landlord. 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.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This 19th day of August, 2008.
SUBSTITUTE TRUSTEE
SERVICES, INC.
SUBSTITUTE TRUSTEE
Attorney at Law
The Law Firm of Hutchens, Senter & Britton, P.A.
Attorneys for Substitute
Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, NC 28311
http://www.fc-sales.com
Case No: 370.132491
sep3-08c
NOTICE OF SALE
NORTH CAROLINA
ALEXANDER COUNTY
Under and by virtue of the power of sale contained in a certain Deed of Trust executed by James E. Menis and wife, Denika C. Menis to James L. Payne, Trustee for the benefit of American General Financial Services, Inc., on the 20th day of July 2006, recorded in Book 497, at Page 2390 and re-recorded in Book 522, Page 165 of the Alexander County Registry, said property being presently owned by James E. Menis and wife, Denika G. Menis, and default having been made in the payment of the indebtedness thereby secured and said Deed of Trust being by the terms thereof subject to foreclosure under power of sale, the undersigned, Thomas N. Hannah, Substitute Trustee, as recorded in Book 522, at Page 339, Alexander County Registry; will offer for sale at public auction to the highest bidder at 9:30 A.M. on September 10, 2008, at the courthouse door in Taylorsville, Alexander County, North Carolina, the property conveyed in said Deed of Trust, the same lying and being in Alexander County, North Carolina at 7426 Vashti Road, Hiddenite, NC 28636 and more particularly described as follows:
Tract 1: BEGINNING on the Old W.H. Woodfin Stone corner and being the southwest corner of the Old 90 acres tract, and runs North 858 feet with Emerson Wiles’ line to a post oak, Wiles’ corner; thence East 181.5 feet to a stone; thence North 750 feet to a stake in Jack McCurdys line; thence South 85 1/2° East 1,470 feet to an iron pin in the center of public road no. 1403; thence South 6 1/2° East 138 feet with the center of said public road to an iron pin in its center; thence South 51° West 379.5 feet to a white oak on the West side of said public road and on the North side of a small branch; thence South 69° East 330 feet to a double poplar on the East side of said public road; thence South 874.5 feet to a stake on the East side of a large hickory; thence West 1,693 feet with Vaughn Rogers’ line to the BEGINNING, containing 46.33 acres, more or less.
There is excepted from the land above described, the following described tract of land; BEGINNING at a railroad spike set in the line of Edward A. Menis (see Book 178, Page 441, Alexander County Registry) as it runs with the line of Geraldine Templeton (See Book 168, Page 512, Alexander County Registry), said point being on the East side of SR 1403, and running thence from the point of BEGINNING with the line of Templeton, Due South 521.06 feet to an iron pin set the Northeast corner of Vaughn Rogers (See Book 182, Page 475, Alexander County Registry); running thence with the line of Rogers, North 90° West 583.86 feet to an iron pin set, new corner of Menis; running thence with the line of Menis as follows: 1) North 24-35-35 East 560.52 feet to an iron pin set and 2) North 88-08-27 East 350.77 feet to the POINT OF BEGINNING, containing 5.51 acres, more or less, all being according to a survey by Richard C. Current, RLS, dated December 2,1991.
LESS AND EXCEPT Book 483, Page 1791, Alexander County Registry.
LESS AND EXCEPT Lots 1 and 2 of the “James E. Menis” property survey, a plat of which is recorded at PIat Book 8, Page 226, Alexander County Registry.
Lots 1 and 2 are the residential tract.
AND BEING the property being identical as conveyed to James E. Menis and wife, Denika G. Menis as recorded in Book 353, at Page 645, Alexander County Registry.
The property shall be sold to the highest bidder for cash, with the greater of 10% of the amount of the bid or $750.00 as deposit by cash or acceptable check due at the time of sale, with the balance due upon expiration of the time for filing upset bids or upon final confirmation by the Court, if required. Third party purchasers must pay the excise tax pursuant to N.C.G.S. §105-228.30 in the amount of $1.00 on each $500.00 or fractional part thereof of the consideration paid, the fee due the Clerk of Superior Court pursuant to N.C.G.S. §7A-308 in the amount of $0.45 on each $100.00 or fractional part thereof of the bid amount or $500.00 whichever is less. Following the expiration of the statutory upset bid period, all the remaining amounts shall be immediately due and owing in cash or certified check. The property to be offered pursuant to the Notice of Sale is being offered for sale “AS IS, WHERE IS. There are no representations of warranty related to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale. All responsibilities or liabilities arising out of or any way relating to such condition are expressly disclaimed.
Additional notice where the real property is residential with less than 15 rental units:
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 upon 10 days’ written notice to the landlord. 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. The sale shall be subject to taxes, special assessments, any and all judgments, liens, easements, prior deeds of trust, rights-of-way, or other encumbrances.
This 19th day of August 20008.
THOMAS HANNAH
SUBSTITUTE TRUSTEE
Post Office Box 1989
Hickory, NC 28603
(828)324-4700
sep3-08c
