NOTICE OF SALE
STATE OF
NORTH CAROLINA
COUNTY OF
ALEXANDER
UNDER AND BY VIRTUE of the power of sale contained in that certain Deed of Trust executed by Judy L. Walker and Harold P. Walker, dated January 16, 2003, and recorded in Book 445 at page 356 in the Office of the Register of Deeds of Alexander County; and under and by virtue of the authority vested in the undersigned as Substitute Trustee by that certain instrument recorded in Book 517 at Page 1717 the Office of the Register of Deeds of Alexander County; and under and by virtue of that certain Authorization, Findings and Order entered by the Clerk of Superior Court of Alexander County on April 15, 2008, and of record in File 08 SP 41, 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 Taylorsville, Alexander County, North Carolina, at 12:00 Noon, on May 9, 2008, the land conveyed in said Deed of Trust, the same being owned of record by Judy L. Walker and Harold P. Walker, and being more particularly described as follows:
BEGINNING at a 5/8 inch rebar located in the center line of SR 1605, said rebar being further located North 76 degrees 41 minutes 15 seconds West 150.18 feet from a P.K. Nail located in the center line of said road and being further located in the western boundary line of Katy C. Cowan (Book 210, Page 454, ACR); thence from the above referenced 5/8 inch rebar South 00 degrees 49 minutes 03 seconds West 229.94 feet to a 5/8 inch rebar located in the northern boundary line of Melvin Crouch, thence cornering and running with the Crouch line South 84 degrees 59 minutes 56 seconds West 120 00 feet to a 5/8 inch rebar, thence cornering North 00 degrees 21 minutes 09 seconds West 269.84 feet to a 5/8 inch rebar located in the center line of SR 1605, the northeastern corner of Lot #2; thence running with the center line of said road South 76 degrees 41 minutes 15 seconds East 127.92 feet to a 5/8 rebar, the point and place of BEGINNING containing 70 acres, more or less and being designated as Lot #3 on a survey map by Russell Vogel, R.L.S., dated 3-13-91 and entitled “Boundary and Division Survey for Taylor Ridge Corporation.
THIS PROPERTY IS CONVEYED SUBJECT TO CERTAIN restrictive covenants which run with the land as follows
1. Property shall not be used or maintained as a junkyard
2. No junked or non-operating motor vehicles shall be stored or parked on the premises.
FOR BACK TITLE SEE DEED recorded in Book 368 at Page 52 of the Alexander County Registry
**Together with 1996 mobile home, VINN01020832TN
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 third party, 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), (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, and (iii) unpaid as valorem taxes.
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: (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 on or after October 1, 2007, may, after receiving this notice of sale, terminate the rental agreement upon 10 days written notice to the landlord. The tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Date of Notice: April 15, 2008
Elizabeth M. Repetti
Substitute Trustee
P.O. Box 21029
Winston-Salem, NC
27120-1029
(336) 722-3700
may7-08c
ADMINISTRATOR’S NOTICE
Having qualified as Administrator of the estate of Kevin Douglas Dickson, 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 23rd day of July, 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 April, 2008.
MICHAEL T. DICKSON
108 Holder Rd.
Baltimore, OH 43105
may14-08p administrator
NOTICE OF
FORECLOSURE SALE
NORTH CAROLINA,
ALEXANDER COUNTY 07 SP 198
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Thua Ngoc Nguyen and Phyllis Jean Nguyen to Michael L. Johnson, Trustee(s), dated August 04, 1997, and recorded in Book 384, Page 477, 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, 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 Trustees will offer for sale at the Courthouse Door in Alexander County, North Carolina, at 10:00 AM on May 13, 2008, and will sell to the highest bidder for cash the following described property, to wit:
Beginning at a new iron pin in the pavement of 11th Street, NE, the northeast corner of James M. Curry (Deed Book 165 at Page 880) and running thence with Curry North 86 degrees 27' 52" West 265.26 feet to a 1 inch pipe; thence South 02 degrees 58' 58" West 57.53 feet to a 1 inch pipe; thence North 75 degrees 08' 04" West 201.2 feet to a 3/4 inch pipe; thence North 71 degrees 00' East 167.0 feet to a 3/4 inch pipe; thence with Paul F. Carrigan South 78 degrees 27' 06" East 430.12 feet to a nail in 11th Street, NE; thence with said street South 05 degrees 27' 02" West 84.50 feet to the Point of Beginning, containing 1.343 acres more or less as shown on a survey entitled "Thua Ngoc Nguyen and wife, Phyllis Jean Nguyen" prepared by Carl D. Bunton, Register Surveyor, dated August 1, 1997.
Said property is commonly known as 137 11th Street Northeast, Taylorsville, NC 28681.
Third party purchasers must pay the excise tax, pursuant to N.C.G.S. 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof, and the Clerk of Courts fee, pursuant to N.C.G.S. 7A-308, in the amount of Forty-five Cents (45) per each One Hundred Dollars ($100.00) or fractional part thereof or Five Hundred Dollars ($500.00), whichever is greater. A deposit of five percent (5%) of the bid, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be immediately due and owing.
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, special assessments, land transfer taxes, if any, and encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Thua Ngoc Nguyen and Phyllis Jean Nguyen.
PLEASE TAKE NOTICE: 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. The notice shall also state that upon termination of a rental agreement, that tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Kenneth D. Cavins
Substitute Trustee
1101 Nowell Rd. STE 118
Raleigh, NC 27607
(919) 854-1200
Our File No.: 746.0716335NC 808.0001182808.0001182
08-SP-54
Conventional-PMI 2944874
may7-08c
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 William J. Blankenship and wife, Patricia L. Blankenship, dated November 4, 1999 and recorded in the Office of the Register of Deeds of Alexander County, North Carolina, recorded on November 5, 1999, in Book 405 at Page 1502; 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 at 11:00 AM on Tuesday, May 13, 2008, 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:
BEING ALL of that certain parcel of land and all improvements now or hereafter located thereon, lying and being in Taylorsville Township, ALEXANDER County, North Carolina, and more particularly described as follows:
BEGINNING at a stake in the branch near a maple, and runs thence a new line North 77-30 East 206.5 feet to a stake; thence North 04-00 West 120.0 feet to a stone at a pine; thence North 89-00 West 206.25 feet to a spike at a large hollow poplar; thence South 05-00 East 165.0 feet to the BEGINNING, containing 0.64 acres, more or less.
Also conveyed herewith is all right, title and interest of the Grantor to the 25 foot easement for ingress and regress along the East boundary line as recorded in Deed Book 88, page 444, Alexander County Registry.
Address of property: 145 Shook Valley Court, Taylorsville, NC 28681
Present Record Owners: William J. Blankenship and wife, Patricia L. Blankenship
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 Owner and 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 Trustee(s). If the validity of the sale is challenged by any party, the Trustee(s), 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.
Dated: April 22, 2008
Richard P. McNeely
Substitute Trustee
may7-08c
NOTICE OF
FORECLOSURE SALE
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Amy Gowings Johnson and W. Rentz Johnson to Alie Yates, Trustee(s), dated the 3rd day of August, 2006, and recorded in Book 0498, Page 1292, 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 am on May 13, 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 on an iron in the center of State Road No. 1196, the Northeast corner of Frank Davis, and being located South 84 deg. 27' East 146.0 feet from the center of the intersection of State Road No. 1107 and State Road No. 1196, and runs with the center of State Road No. 1196 South 84 deg 27' East 76.0 feet to an iron in the center; thence South 04 deg 31' West 125.2 feet to an iron; thence South 87 deg. 58' West 68.3 feet to an iron, common corner with Mildred Ferguson and Frank Davis, thence with the line of Frank Davis North 01 deg 03' East 133.5 feet to the beginning. Together with improvements located thereon; said property being located at 35 Jay Drive West, Taylorsville, North Carolina.
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 22nd day of April, 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: 141.129902
may7-08c
EXECUTORS’ NOTICE
Having qualified as Co-Executors of the estate of Grace Lillian Childers, 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 16th day of July, 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 April, 2008.
MICHAEL MILLSAPS
773 Hope Well Church Rd.
Hiddenite, NC 28636
HOWARD TEVEPAUGH
2523 Old Vashti Rd.
Taylorsville, NC 28681
may7-08p executor
NOTICE OF
FORECLOSURE SALE
NORTH CAROLINA,
ALEXANDER COUNTY 08 SP 27
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Barry H. Long and Linda S. Long to King Law Firm, Trustee(s), dated February 25, 2004, and recorded in Book 0469, Page 2357, 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, 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 Trustees will offer for sale at the Courthouse Door in Alexander County, North Carolina, at 10:30 AM on May 20, 2008, and will sell to the highest bidder for cash the following described property, to wit:
BEGINNING at a point in the northern margin of the right of way of Oak Lane, said point being the southeast corner of Lot No. 15 and the southwest corner of Lot No. 14, in Section 2, Heritage Farms Subdivision, as shown on plat of record in Plat Book 3, Page 58, Alexander County Registry, and runs thence N. 05-55-15 E. with the east line of Lot 15, 184.19 feet to an iron pin; thence S. 84-04-45 E. 130.0 feet to an iron pin; thence S. 05-55-15 W. 184.19 feet to an iron pin in the northern margin of the right of way of Oak Lane; thence N. 84-04-45 W. with the northern margin of said right of way, 130 feet to the Beginning and being all of Lot No. 14 and the western 30 feet of Lot No. 13, in Section 2, Heritage Farms Subdivision, as shown on plat of record in Plat Book 3, Page 58, Alexander County Registry. The property address is purported to be: 267 Mountain Oak Lane, Hickory, NC 28601
Said property is commonly known as 267 Mountain Oak Lane, Hickory, NC 28601.
Third party purchasers must pay the excise tax, pursuant to N.C.G.S. 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof, and the Clerk of Courts fee, pursuant to N.C.G.S. 7A-308, in the amount of Forty-five Cents (45) per each One Hundred Dollars ($100.00) or fractional part thereof or Five Hundred Dollars ($500.00), whichever is greater. A deposit of five percent (5%) of the bid, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be immediately due and owing.
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, special assessments, land transfer taxes, if any, and encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owners of the property are Barry H. Long and Linda S. Long.
PLEASE TAKE NOTICE: 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. The notice shall also state that upon termination of a rental agreement, that tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Kenneth D. Cavins
Substitute Trustee
1101 Nowell Rd. STE 118
Raleigh, NC 27607
(919) 854-1200
Our File No.:
333.0800228NC /MLB
may14-08c
NOTICE OF
SUBSTITUTE TRUSTEE’S
SALE OF REAL ESTATE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT
DIVISION
08-SP-55
NORTH CAROLINA
ALEXANDER COUNTY
IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF MARION EVERETT HORNEY, JR. and FRANCES BEVIS HORNEY, Grantor,
To: MARK T. ADERHOLD, ESQUIRE, Substitute Trustee,
AS RECORDED IN BOOK 411 AT PAGE 1450 AND BOOK 412 AT PAGE 437 OF THE ALEXANDER PUBLIC REGISTRY.
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by MARION EVERE’lT HORNEY, JR. and FRANCES BEVIS HORNEY, dated June 29, 2000, and recorded in the Office of the Register of Deeds for Alexander County, North Carolina, in Book 412 at Page 437, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Alexander County, North Carolina, entered in this foreclosure proceeding, the undersigned, MARK T. ADERHOLD, Substitute Trustee, will expose for sale at public auction on the 16th day of May, 2008 at 10:15 AM at the door of the Alexander County Courthouse, Taylorsville, North Carolina, the real property described in Exhibit A attached hereto and incorporated herein by reference (including permanent structures, if any, and any other improvements attached to the real property including any mobile home or manufactured home, whether single wide or double wide, located thereon).
EXHIBIT A
Deed Description
5:00 Acre Tract
A certain tract or parcel of land containing 5.00 acres, lying and being in Little River Township, Alexander County, North Carolina being a portion of the land as conveyed to David E. McGlamery by Deed recorded in Db. 360, pg. 1570, Aleander County Registry (ACR). Bounded on the north and east by Bo Water, on the south by Ronald & Rose Johnson, on the west by David E. McGlamery and being more particulary described by bearing rotated to Deed North - Db. 360, pg. 1570 (ACR) as surveyed by Russell N. Vogel, P.L.S. L-3106 on June 26, 2000.
BEGINNING on an existing one-half inch re-bar on the south side of a creek in the western line of the land as conveyed to Bo Water by deed recorded in Db. 367, pg 1581 (ACR), said re-bar being a corner of the land as conveyed to Ronald & Rose Johnson by deed recorded in Db 348, pg. 768 (ACR), said re-bar being the northeast corner of a sixty (60) feet wide right-of-way as previously recorded in Db. 370, pg. 1979 (ACR), said re-bar being located North 35° 19’ 19” West 87.08 feet from an existing metal fence post on the north side of SR 1334 and running thence with said Johnson’s line along the south side of said creek with the north side of said right-of-way South 74° 30’ 38” West 21.92 feet to a point in the centerline at the beginning of a twenty (20) feet wide right-of-way, thence continuing the same line along the south side of said creek with the north side of said sixty (60) feet wide right-of-way South 74° 30’ 38” West 41.95 feet to a five-eighths inch re-bar set, said re-bar being the northwest corner of said sixty (60) feet wide right-of-way; thence leaving said sixty (60) feet wide right-of-way along the south side of said creek with said Johnson’s line the following four (4) courses and distances: (1) South 74° 30’ 38” West 108.02 feet to an existing one-half inch re-bar, (2) South 89° 31’ 50” West 114.18 feet to an existing one-half inch re-bar, (3) North 65° 29’ 30” West 90.45 feet to a five-eighths inch re-bar set, (4) North 81° 16’ 55” West 129.02 feet to a five-eighths inch re-bar set, thence crossing said creek a new line North 06° 05’ 13” West 163.31 feet to a point in the centerline at the end of a twenty (20) feet wide right-of-way; thence continuing the same line North 06’ 05’ 13” West 129.38 feet to a five-eighths inch re-bar set; thence a new line North 10° 05’ 20” West 486.45 feet to a five-eighths inch re-bar set in the line of the land as conveyed to Bo Water by above mentioned deed, said re-bar being located North 55° 26’ 40” East 595.15 feet from an eighteen (18) inch Black Gum; thence with said Bo Water’s line North 55° 26’ 40” East 43.29 feet to an existing metal fence post; thence with said Bo Water’s line South 35° 19’ 19” East 986.33 feet to the point of BEGINNING, containing 5.00 acres by coordinate geometry.
The grantor conveys a sixty (60) feet wide right-of-way from S.R. 1334 to the above described tract as previously recorded in Db. 370, pg. 1979 (ACR).
Also the grantor reserves a centerline twenty (20) feet wide right-of-way (being ten feet wide on both sides of the centerline) through the above described tract being more particularly described as follows:
BEGINNING on a point in the southern line of the above described tract in the northern line of a sixty (60) feet wide right-of-way as previously recorded in Db. 370, pg. 1979 (ACR), said point being located the following two (2) courses and distances from an existing metal fence post: (1) North 35° 19’ 19” West 87.08 feet, (2) South 74° 30’ 38” West 21.92 feet and running thence with the centerline at said right-of-way the following seven (7) courses and distances: (1) North 39° 08’ 40” West 34.43 feet, (2) North 39° 08’ 40” West 93.78 feet, (3) North 32° 34’ 55” West 145.83 feet, (4) North 79° 33’ 43” West 99.54 feet, (5) South 77° 45’ 17” West 117.88 feet, (6) South 58° 16’ 04” West 34.65 feet (7) South 77° 27’ 48” West 85.87 feet to a point in the western line of the above described tract, said point being the ending point to above described right-of-way.
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owner of the above described real property as reflected on the records of the Alexander County Register of Deeds not more than ten (10) days prior to the posting of this Notice is MARION EVERETT HORNEY, JR. and FRANCES BEVIS HORNEY.
Pursuant to North Carolina General Statutes Section 45-21.10, and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit not to exceed the greater of five percent (5.0%) of the amount of the bid or seven hundred fifty dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). Should the property be purchased by a third party, that party must pay the tax of Forty-five Cents ($0.45) per One Hundred Dollars ($100.00) pursuant to N.C.G.S. §7A-308(a)(1). Please be advised that the Clerk of Superior Court may issue an order for possession of the property pursuant to N.C.G.S. §45-21.29 in favor of the purchaser and against the party or parties in possession. Any person who occupies the 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 upon 10 days’ written notice to the landlord. Upon termination of such rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
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 Substitute Trustee nor the holder of the Universal Note secured by the deed of trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Universal Note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.
This sale will be held open ten (10) days for upset bids as required by law.
This the 22nd day of April, 2008.
MARK T. ADERHOLD,
Substitute Trustee
2596 Reynolda Road
Suite C
Winston-Salem, NC 27106
(336) 723-3530
may14-08c
Notice
The public will hereby take notice that the Alexander County Board of Commissioners will hold a public hearing on Monday, May 19, 2008, at 6:00 PM in the CVCC/Alexander Campus Multipurpose Room. The Board of Commissioners will be discussing possible sites for the new jail facility. The public is invited to attend the public hearing and comments are welcomed. More information can be obtained by contacting the County Administration Office at (828) 632-9332.
Jamie M. Starnes
Clerk to the Board
may7-08c
NOTICE OF
SERVICE OF PROCESS
BY PUBLICATION
FILE NO. 08 SP 29
NORTH CAROLINA
ALEXANDER COUNTY
IN THE GENERAL
COURT OF JUSTICE
BEFORE THE CLERK
In the Matter of the Funds Deposited With the Clerk of Court Pursuant to Offer to Purchase Contract Between Paul Warren, Sharon Warren and Michael Melvin
TO: MICHAEL MELVIN, 129 Wood Hollow Road, Taylorsville, NC 28681
PLEASE 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: To pay over the earnest money deposit funds held by the Clerk of Court pursuant to the Offer to Purchase and Contract between Paul Warren, Sharon Warren, and Michael Warren.
You are required to make defense to such pleading not later than June 9, 2008, and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought.
This the 30th day of April, 2008.
Steve A. Austin
Attorney for Paul and
Sharon Warren
P.O. Box 297
Hickory, NC 28603
828-322-1695
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