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Legal Notices

14 SP 63
NOTICE OF FORECLOSURE SALE
NORTH CAROLINA,
ALEXANDER COUNTY
    Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Richard W. Kennington to Land American Lawers Title, Trustee(s), which was dated August 4, 2005 and recorded on September 9, 2005 in Book 486 at Page 2100, Alexander 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 January 2, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Alexander County, North Carolina, to wit:
    The following described real property situate in the City of Statesville, County of Alexander, and State of North Carolina, to wit:
    BEGINNING at an iron pin within the right-of-way of Kennington Lane (S.R. 1557), the northeasterly corner of the property conveyed to Bobee Burkhart and Marie S. Thompson by Deed recorded in Book 361, Page 1928 of the Alexander County Registry, and running thence S. 86-44-50 E. 227.05 feet to an iron pin in said right-of-way; thence N. 20-40-13 E. 110.25 feet to a point in said right-of-way; thence through said right-of-way and with the line of Gary E. Harris (now or formerly), S. 66-43-41 E. (crossing an iron pin in said margin at 47.49 feet) 232.10 feet to an iron pin; thence S. 18-45-32 W. 891.52 feet to a point in Snow Creek; thence with Snow Creek, seven lines as follows:  (1) S. 63-51-55 W. 56.77 feet to a point; (2) N. 80-46-37 W. 77.38 feet to a point; (3) N. 42-12-19 W. 47.99 feet to a point; (4) S. 77-18-54 W. 53.28 feet to a point; (5) S. 54-20-05 W. 64.30 feet to a point; (6) N. 89-38-35 W. 83.20 feet to a point; and (7) N. 80-12-09 W. 104.60 feet to a point in the line of Burkhart and Thompson (now or formerly); thence with three lines of Burkhart and Thompson (now or formerly), as follows:  (1) N. 21-39-06 E. (crossing an iron pin at 23.13 feet) 577.88 feet to a point; (2) N. 83-25-17 W. 77.95 feet to a point; and (3) N. 21-40-19 E. 330.87 feet to an iron pin, the point or place of BEGINNING, and containing 9.124 acres, more or less, all according to survey of Joseph W. Raymer, R.L.S., dated March 22, 1996.
    By Fee Simple Deed from Richard W. Kennington, single as set forth in Deed Book 373, Page 1729 and recorded on 4/1/1996, Alexander County Records.
    EXCEPTING and reserving that certain lot or parcel of land conveyed to Jeffrey Buck and Anita Buck, no tenancy stated in Book 387 at Page 1267 recorded 12/30/1997 and being more particularly described as follows:
    BEGINNING at a point on Kennington Lane (SR 1557) and running thence along the property of Bobee Burkhart and Marie S. Thompson, North 21º 40' 19" East 330.87 feet to a point; thence North 83º 25' 17" West 77.95 feet to a point; thence North 21º 39' 06" East 577.88 feet to a point; thence North 80º 12' 09" West 104.60 feet to a point; thence North 89º 38' 35" West 51.68 feet to a point; thence South 21º 39' 06" West 576.58 feet to a point; thence South 77º 50' 40" East 132.71 feet to a point; thence South 21º 40' 19" West 325.10 feet to a point on Kennington Lane (SR 1557); thence South 86º 44' 50" East 100.00 feet to the point and place of BEGINNING.  Containing 2.75 acres more or less.
    ALSO EXCEPTING and reserving that certain lot or parcel of land conveyed to Robert Allen Holmes & wife, Elizabeth Hammond Holmes in Book 198 at Page 690, Alexander County Registry recorded on 08/05/1977 and being more particularly described by metes and bounds as follows:
    Beginning at an iron pin, said pin being South 21 deg. 57 min. 09 sec. West 718.0 feet from an established iron pin in Richard Kennington line, and thence from the point of beginning South 21 deg. 57 min. 09 sec. West 230.0 feet to an iron in the Lizzy White line; thence North 68 deg. 02 min. 51 sec. West 190.0 feet to an iron pin; thence North 21 deg. 57 min. 09 sec. East 230 feet to an iron pin; thence South 68 deg. 02 min. 51 sec. East 190.0 feet to the point of beginning, containing 1.00 acres more or less.
    ALSO EXCEPTING and reserving that certain lot or parcel of land conveyed to James D. Causey d/b/a Black Diamond Ranch in Book 507 at Page 347 and by Corrective Quitclaim Deed in Book 556 at Page 4, Alexander County Registry recorded on 05/02/2012 and being more particularly described by metes and bounds as follows:
    BEGINNING on an iron pin set in Kennington Lane, SR 1557; thence South 11 degrees 39 minutes 59 seconds West 332.56 feet to an iron pin set; thence North 77 degrees 50 minutes 40 seconds West 132.71 feet to an iron pin set; thence North 21 degrees 40 minutes 19 seconds East 325.10 feet to an iron pin set in the right-of-way margin of Kennington Lane; thence with Kennington Lane South 86 degrees 44 minutes 50 seconds East 77.05 feet to an iron pin set, the point and place of BEGINNING, containing 0.779 acres.
    EXCEPTING and reserving that certain lot released by Deed of Release recorded on 08/06/2009 in Book 533 at Page 1702, Alexander County Registry which is a portion of the above-described 0.779 acre tract and is more particularly described as follows:
    BEING a 0.099 acre tract, more or less, designated as Tract 1 on a "Survey for Wells Fargo Bank" dated May 2, 2007 by Cline Surveying & Planning, a copy of which is attached to Deed of Release in Book 533 at Page 1702, Alexander County Registry and being incorporated herein by reference.
    Save and except any releases, deeds of release or prior conveyances of record.
    Said property is commonly known as 263 Kennington Lane, Statesville, NC 28625.
    THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX, AND THE COURT COSTS OF FORTY-FIVE CENTS (45¢) PER ONE HUNDRED DOLLARS ($100.00) PURSUANT TO NCGS 7A-308(a)(1).  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.
    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 Richard W. Kennington.
    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, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
    If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.
Trustee Services of Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive
Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 14-08302-FC01
10651800
dec24-14c

EXECUTOR’S NOTICE
    Having qualified as Executor of the Estate of Glenda Sharpe Hobbs, 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 17th day of March, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 10th day of December, 2014.
ERNIE DARRELL HOBBS
4915 Cheatham Ford Rd.
Hiddenite, NC 28636
executor
jan7-14p

EXECUTOR’S NOTICE
    Having qualified as Executor of the Estate of Frankie Cline Reed, 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 17th day of March, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 10th day of December, 2014.
BUD JAMES REED
726 Icard Ridge Rd.
Taylorsville, NC 28681
executor
jan7-14p

EXECUTRIX’S NOTICE
    Having qualified as Executrix of the Estate of Larry Edward Poole, 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 17th day of March, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 15th day of December, 2014.
MONNICA L. HUBBARD
3932 Saint James Ave.
Cincinnati, OH 45236
executrix
jan7-15p

EXECUTRIX’S NOTICE
    Having qualified as Executrix of the Estate of Michelle Lynnette Smith, 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 18th day of March, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 17th day of December, 2014.
ANDREA JANETTE HORNING
c/o Beverly D. Teague
Attorney at Law
7625 NC Highway 127
Hickory, NC 28601
executrix
jan7-14c

14-SP-70
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 Leroy Mays and Lisa G. Mays, dated April 9, 2001, and recorded on April 9, 2001 in Book No. 418 at Page 2436 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 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, Taylorsville, North Carolina on December 19, 2014, at 10:30 AM 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 in the above referenced Deed of Trust. Address of property: 94 Loblollie Road, Taylorsville, NC 28681. Tax Parcel ID: 0003208 Present Record Owners: Leroy Mays and Lisa G. Mays. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. 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.  The successful bidder shall be required to pay revenue stamps on the Trustee's Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed.  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 for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. 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. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee (803)744-4444, 017367-00253 P1121762
dec17-14c

ADMINISTRATRIX’S NOTICE
    Having qualified as Administratrix of the Estate of Russell Lee Smith, 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 10th day of March, 2015, 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 November, 2014.
BETTY JANE SMITH
P.O. Box 1003
Lenoir, NC 28645
administratrix
dec31-14p

ADMINISTRATRIX’S NOTICE
    Having qualified as Administratrix of the Estate of James Lee Parsons, Sr., 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 10th day of March, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 20th day of November, 2014.
GLORIA HAMILTON PARSONS
574 Happy Plains Rd.
P.O. Box 811
Taylorsville, NC 28681
administratrix
dec31-14p

CO-EXECUTORS’ NOTICE
    Having qualified as Co-Executors of the Estate of James Oakley Prichard, Sr., 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 3rd day of March, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 21st day of November, 2014.
JAMIE LYNN PRICHARD
937 Old Mountain Rd.
Hiddenite, NC 28636
JAMES OAKLEY PRICHARD, JR.
5993 NC 704 Hwy. East
Sandy Ridge, NC 27046
executor
dec24-14p

EXECUTOR’S NOTICE
    Having qualified as Executor of the Estate of Danny Kenneth Cline, 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 3rd day of March, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 28th day of November, 2014.
KENNETH BARRETT CLINE
212 Swan Creek Rd.
Fort Washington, MD 20744
executor
dec24-14p

ADMINISTRATRIX’S NOTICE
    Having qualified as Administratrix of the Estate of Dell Harrington Kerley, 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 26th day of February, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 31st day of October, 2014.
TAUSHA NICOLE MAYS
5131 Black Oak Ridge Rd.
Taylorsville, NC 28681
administratrix
dec17-14p

ADMINISTRATRIX’S NOTICE
    Having qualified as Administratrix of the Estate of James Lee Parsons, Sr., 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 26th day of February, 2015, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
    This the 20th day of November, 2014.
GLORIA HAMILTON PARSON
574 Happy Plains Rd.
P.O. Box 811
Taylorsville, NC 28681
administratrix
dec17p

 
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