SALISBURY POST No. 60690 NOTICE TO CREDITORS Having qualified as Administrator for the Estate of Alisha Victoria Hartman, 617 Faith Rd., Salisbury, NC 28146. This is to notify all persons, firms and corporations having claims against the said decedent to exhibit them to the undersigned on or before the 19th day of January, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate are notified to make immediate payment. This the 12th day of October, 2010. Tammie L. Gamez, Administrator of the estate of Alisha Victoria Hartman, File #10E883, 617 Faith Rd., Salisbury, NC 28146
No. 60686 NOTICE OF SERVICE OF PROCESS BY PUBLICATION NORTH CAROLINA GENERAL COURT OF JUSTICE ROWAN COUNTY DISTRICT COURT DIVISION - 10CVS2827 ERICK G. KOWALSKI, Administrator of the Estate of JEFFREY KOWALSKI, Plaintiff VS. TRAVIS YOST, STEVEN FRANKLIN JENKINS, Defendants To Travis Yost, the above named defendant, whose last known address was 4720 Highway 601 N, Salisbury, NC 28147: 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 damages for personal injury, resulting from your negligent operation of a motor vehicle. You are required to make defense to such pleading not later than the 8th day of December, 2010, said date being 40 days from the first publication of this notice, and upon your failure to do so the party seeking service against you will apply to the court for the relief sought. This the 29th day of October, 2010. Vernon A. Russell, Attorney for Plaintiff 29 Church St. SE, Concord, NC 28025 Telephone: 704-788-3142, Fax: 704-786-8408 State Bar No. 10023
LEGALS
FRIDAY, NOVEMBER 5, 2010 • 7A
cont’d page D3 No. 60684
No. 60685 CREDITORS NOTICE Having qualified as Executrix of the estate of Billy J. Wilkinson, deceased, this is to notify all persons, firms, or corporation having claims against the estate to file an itemized, verified statement thereof with the undersigned on or before the 7th day of February, 2011 or this notice will be pleaded in bar of any recovery thereon. All persons indebted to said estate are requested to make prompt settlement. This the 5th day of November, 2010. Sarah Casey Wilkinson, Executrix, 176 Wilk Rob Road, Mooresville, NC 28115 Brian R. Harwell, Attorney, Brawley & Harwell, P.A., P.O. Box 27, 283 North Main Street, Mooresville, NC 28115
No. 60711 NOTICE TO CREDITORS Having qualified as Executor of the Estate of Ruth M. Jenkins, deceased, this is to notify all persons, firms and corporations having claims against the said decedent to exhibit them to the undersigned on or before the 17th day of February, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate are notified to make immediate payment. This 3rd day of November, 2010. Dale Edwin Longsworth, Executor, Estate of Ruth M. Jenkins, 2646 Kinsley Avenue, NW, Concord, NC 28027. File 10-E-1083, Shuford Caddell & Fraley, LLP, PO Box 198, Salisbury, NC 28145-0198.
No. 60712 NOTICE TO CREDITORS Having Qualified as Co-Executors of the Estate of Bobby Olin Myers, deceased, this is to notify all persons, firms and corporations having claims against the said decedent to exhibit them to the undersigned on or before the 17th day of February, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate are notified to make immediate payment. This 3rd day of November, 2010. Sandra Myers Jarrett and Ronald Wayne Myers, Co-Executors, Estate of Bobby Olin Myers, PO Box 51, Salisbury, NC 28145. File 10-E-1082. Shuford, Caddell & Fraley, LLP, PO Box 198, Salisbury, NC 28145-0198
No. 60707 NOTICE OF FORECLOSURE SALE
NOTICE OF FORECLOSURE SALE NORTH CAROLINA - COUNTY OF ROWAN - 10 SP 912 In the matter of Foreclosure of a Deed of Trust executed by Frank R. Hoyt and Frances E. Hoyt dated September 23, 1998 recorded in Book 0832, Page 0728 Present Record Owner: Frank R. Hoyt (Frances E. Hoyt-deceased) Pursuant to Order of the Clerk of Superior Court of Rowan County, North Carolina, dated the 21st day of October, 2010 authorizing foreclosure, and under and by virtue of the power of sale contained in that certain Deed of Trust indicated and recorded in Book 0832, Page 0728, Rowan County Registry; and under and by virtue of the authority vested in the undersigned by an instrument and default having been made and the said property being subject to foreclosure and the holder of the indebtedness thereby secured having demanded a foreclosure thereof, the undersigned will offer for sale at public auction to the highest bidder for cash at the usual and customary place for such sales at the Rowan County Courthouse in Salisbury, North Carolina, at 11:00 a.m., on the 12th day of November, 2010 the property conveyed in said Deed of Trust, the same consisting of property lying and being in Rowan County, and more particularly described at follows: BEGINNING at a railroad spike in the centerline of Emanuel Church Road on Neal C. Wall's line; thence runs two (2) lines with wall as follows: (1) South 86 deg. 14 min. 20 sec. East (past an EIP at 30.16 feet) 420.00 feet to an EIP and (2) North 09 deg. 28 min. 29 sec. West 105.02 feet to an EIP Peggy E. Daniel's corner; thence runs with the line of Daniel, South 86 deg. 15 min. 22 sec. East 105.82 feet to an EIP, Calvin Edgar Eller's corner; thence runs with Eller's line South 86 deg. 14 min. 43 sec East 1200.66 feet to an EIP on John A. Holshouser's line; thence runs with Holshouser's line South 06 deg. 09 min. 19 sec. West 294.28 feet to an EIP on Spencer C. Selle's line; thence runs with Selle's line North 89 deg. 21 min. 49 sec West (past an EIP at 1052.42 feet and past a NIP at 1257.94 feet) 1627.94 feet to a PIK nail in the centerline of Emanuel Church Road; thence runs with the centerline of Emanuel Church Road North 09 deg. 13 min. 07 sec West 286.71 feet to the POINT OF BEGINNING, containing 12.06 acres more or less, according to a boundary survey prepared by Giles Moss by Mel G. Thompson RLS dated November 19, 1986 and revised December 8, 1986. SAVE AND EXCEPT THE FOLLOWING:
NORTH CAROLINA, ROWAN COUNTY - 10 SP 830
No. 60713 WAIVER OF COMPETITIVE BIDDING The Rowan County Board of Commissioners will consider a waiver of competitive bidding under G.S. 143-129(g) at its regular meeting on November 15, 2010 for the purchase of a Caterpillar 930H Wheel Loader and a Caterpillar 730 Articulated Truck for the Rowan County Environmental Management Department from Carolina CAT, the seller having agreed to extend to Rowan County the same or more favorable price and terms set forth in its contract with the United States General Services Administration under the GSA Cooperative Purchasing Program, effective June 4, 2008. This is the 5th day of November, 2010. Rowan County By: David Sifford, Purchasing Agent No. 60706 NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION - ROWAN COUNTY - 10 SP 932 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JASON UPRIGHT AND NATALIE UPRIGHT DATED APRIL 7, 2003 AND RECORDED IN BOOK 970 AT PAGE 712 IN THE ROWAN COUNTY PUBLIC REGISTRY, NORTH CAROLINA NOTICE OF SALE
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by CHARLES P. DENAUX, SINGLE to MICHAEL L. RIDDLE, Trustee(s), which was dated August 27, 2004 and recorded on September 1, 2004 in Book 1017 at Page 139, Rowan 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, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust, 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 of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on November 18, 2010 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Rowan County, North Carolina, to wit: Lying an being on the South side of the Sherrills Ford Road and described as follows: BEGINNING at a point in the centerline of the Sherrills Ford Road said point being South 79 deg. 35 min. West 597 feet from the corner of the property of the State of North Carolina (North Carolina State Experimental Farm) and runs thence three new lines as follows: (1) South 4 deg. West 250 feet to a stake (2) South 79 deg. 35 min. West 180 feet to a stake and (3) North 4 deg. East 250 feet to a point in the centerline of Sherrills Ford Road, thence with the centerline of said road, North 79 deg. 35 min. East 180 feet to the point of BEGINNING containing 0.96 acre, more or less, as shown on plat of survey by S. Leon Hartley, dated July 4, 1969. Save and except any releases, deeds of release or prior conveyances of record.
1. A 1.320 acre tract of land formerly reserved by Ila Taylor in Deed Book 629, Page 758, Rowan County Registry. 2. A 1.004 acre tract of land conveyed to Frank P. Hoyt II by Deed Book 644, Page 671, Rowan County Registry. 3. A 1 acre tract of land conveyed to Linda Ann Sullivan Hutchinson and husband William Henry Hutchinson by Deed recorded in Book 645, Page 288, Rowan County Registry. Property Address: 1813 Emmanuel Church Road, Rockwell, North Carolina 28138 An order for possession of the property may be issued pursuant to NCGS 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. 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. 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 to warranty relating to the title or any physical, environment, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This property will be sold subject to outstanding ad valorem taxes and/or assessments for the current year and subsequent years, prior Deeds of Trust, if any, and prior liens, if any, and encumbrances of record. 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). Pursuant to NCGS 45-21.10, the highest bidder at sale will be required to make a cash deposit of five (5) percent of the bid up to and including SEVEN HUNDRED FIFTY DOLLARS ($750.00), or a greater amount if the instrument so provides. Following the expiration of the upset bid period, all the remaining amounts are immediately due and owing.
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 November 18, 2010 the following described real estate and any other improvements which may be situated thereon, in Rowan County, North Carolina, and being more particularly described as follows:
Said property is commonly known as 8685 Sherrills Ford Road, Salisbury, NC 28147. 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.
Larry W. Pearman, Substitute Trustee P.O. Box 8178, Greensboro, NC 27419 Phone: (336) 294-9401
Lying on the west side of Alma Street and being more particularly described as follows:
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 Charles P. Denaux.
No. 60705
Beginning at a stake in the west edge of Alma Street, this beginning point being North 155 feet from the northwestern corner of the intersection of Alma Street and Ninth Street, and runs thence S. 75 W approximately 137 feet to a stake in the old Emma Wycoff line; thence N. 8 E 95 feet to a stake, an old corner on the bank of the branch;thence N 73 1/2 E 127 feet along the branch to a stake in the western edge of Alma Street; thence S 95 feet with the western edge of Alma Street to the point of beginning. And Being more commonly known as: 905 Alma Ave, Kannapolis, NC 28081 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Jason Upright. 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 October 28, 2010. Grady I. Ingle Or Elizabeth B. Ells , Substitute Trustee - 10-008364 10130 Perimeter Parkway, Suite 400, Charlotte, NC 28216 (704) 333-8107, http://shapiroattorneys.com/nc/ No. 60683 NOTICE OF SUBSTITUTE TRUSTEE'S FORECLOSURE SALE OF REAL PROPERTY STATE OF NORTH CAROLINA - COUNTY OF ROWAN IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION - 10-SP-879 In the Matter of the Foreclosure of the Deed of Trust executed by Neng Tou Vue and Mary Vue, Grantor, to Southland Associates, Inc., Original Trustee, As recorded in Book 1054, Page 494 of the Rowan County Public Registry. See Substitution of Trustee which Substitutes L. Ragan Dudley as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 1167, Page 74 of the Rowan County Public Registry. Pursuant to the power and authority contained in the Deed of Trust from Neng Tou Vue and Mary Vue to Southland Associates, Inc. (the "Original Trustee") for the benefit of SunTrust Bank recorded in Book 1054, Page 494 of the Rowan County Public Registry (the "Deed of Trust"), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described as follows, together with all rights, privileges and appurtenances thereto (the "Property"): BEING Lot No. 12, Block 7, Revised of Morlan Park, said Map being registered in Book of Maps 9995, Page 427, Rowan County Registry. Said property is commonly known at 607 Morlan Park Road, Salisbury, NC. The record owner of the Property as reflected by the records of the Register of Deeds of Rowan County not more than ten (10) days prior to the posting of this Notice was Neng Tou Vue. The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable, easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property. The Property will be sold "AS IS, WHERE IS." Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed. Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the 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 4521.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale. The sale will be held open for ten (10) days for upset bids as by law required. NOTICE TO TENANTS If you are a tenant of the Real Property, please read the following carefully. Your legal rights may be affected. The street address of the Real Property being sold is: 607 Morlan Park Road, Salisbury, North Carolina 28146 Pursuant to North Carolina General Statute Section 45-21.16A, you are hereby given notice that an order for possession of the Real Property may be issued pursuant to North Carolina General Statutes Section 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court in the county in which the Real Property is sold. If an order for possession is issued, you may be required to vacate the Real Property. Any person who occupies the 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 upon 10 days' written notice to the landlord. Upon termination of a rental agreement under this provision, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. DATE OF SALE: 12 November 2010 HOUR OF SALE: 12:00 p.m. PLACE OF SALE: Rowan County Courthouse This the 19th day of October, 2010. L. Ragan Dudley, Substitute Trustee, Homesley, Gaines & Dudley, LLP 316 East Broad Street, Statesville, North Carolina 28677 Telephone: (704) 873-2172
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. Brock & Scott, PLLC, Substitute Trustee, Jeremy B. Wilkins, NCSB No. 32346 5431 Oleander Drive Suite 200, Wilmington, NC 28403 PHONE: (910) 392-4988, FAX: (910) 392-8587 File No.: 08-04511-FC02
No. 60682 NOTICE OF SUBSTITUTE TRUSTEE'S FORECLOSURE SALE OF REAL PROPERTY STATE OF NORTH CAROLINA - COUNTY OF ROWAN IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION - 10-SP-880 In the Matter of the Foreclosure of the Deed of Trust executed by Nengtou Vue and Mary Vue, Grantor, to Southland Associates, Inc., Original Trustee, As recorded in Book 1023, Page 675 of the Rowan County Public Registry. See Substitution of Trustee which Substitutes L. Ragan Dudley as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 1167, Page 76 of the Rowan County Public Registry. Pursuant to the power and authority contained in the Deed of Trust from Neng Tou Vue and Mary Vue to Southland Associates, Inc. (the "Original Trustee") for the benefit of Central Carolina Bank recorded in Book 1023, Page 675 of the Rowan County Public Registry (the "Deed of Trust"), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described as follows, together with all rights, privileges and appurtenances thereto (the "Property"): BEGINNING at a new iron in the northeastern margin of the right of way of Seventh Street and in the line of Lot 9, Block 45 of the Henderson-Vanderford Property and running thence with the northeastern margin of the right of way of Seventh Street, North 28 deg. 00 min, 54 sec. West 78.20 ft. to an existing iron in the corner of property now or formerly owned by Richard L. Whitesell; thence with the line of Richard L. Whitesell, North 62 deg. 00 min. 00 sec. East 150.16 ft. to an existing iron in the line of property now or formerly owned by Fisher Realty, Inc., and in the line of Lot 7, Block 45 of the Henderson-Vanderford Property; thence with the line of Fisher Realty, Inc., South 27 deg. 59 min. 23 sec. East 78.20 ft. to a new iron in the line Lot 6 and in the line of Lot 9, Block 45 of the Henderson-Vanderford Property; thence continuing through Lot 9, South 62 deg. 00 min. 00 sec. West 150.13 ft. to the POINT OF BEGINNING containing 0.269 acre and being Lot 8 and part of Lot 9, Block 45 of the Henderson-Vanderford property, part of an unnamed street and part of an alley as shown in Book of Maps 9995, Page 42-A and also being Tract One as shown on a property survey for Lee Holton by Richard L. Shulenburger, PLS dated July 31, 1989 and revised April 2, 2002. The record owner of the Property as reflected by the records of the Register of Deeds of Rowan County not more than ten (10) days prior to the posting of this Notice was Neng Tou Vue. The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable, easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property. The Property will be sold "AS IS, WHERE IS." Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed. Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of ten percent (10%) of the amount bid. Any successful bidder shall be required to tender the full balance of the 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). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale. The sale will be held open for ten (10) days for upset bids as by law required. NOTICE TO TENANTS If you are a tenant of the Real Property, please read the following carefully. Your legal rights may be affected. The street address of the Real Property being sold is: 906 7th Street, Spencer, North Carolina 28159 Pursuant to North Carolina General Statute Section 45-21.16A, you are hereby given notice that an order for possession of the Real Property may be issued pursuant to North Carolina General Statutes Section 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court in the county in which the Real Property is sold. If an order for possession is issued, you may be required to vacate the Real Property. Any person who occupies the 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 upon 10 days' written notice to the landlord. Upon termination of a rental agreement under this provision, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. DATE OF SALE: 12 November 2010 HOUR OF SALE: 12:00 p.m. PLACE OF SALE: Rowan County Courthouse This the 19th day of October, 2010. L. Ragan Dudley, Substitute Trustee, Homesley, Gaines & Dudley, LLP 316 East Broad Street, Statesville, North Carolina 28677 Telephone: (704) 873-2172
NOTICE OF SALE STATE OF NORTH CAROLINA - COUNTY OF ROWAN UNDER AND BY VIRTUE of the power of sale contained in that certain Deed of Trust executed by Tamara L. Hartsell, dated June 4, 2004, and recorded in Book 1009 at page 704 in the Office of the Register of Deeds of Rowan County; and under and by virtue of the authority vested in the undersigned as Substitute Trustee by that certain instrument recorded in Book 1154 at Page 265 the Office of the Register of Deeds of Rowan County; and under and by virtue of that certain Authorization, Findings and Order entered by the Clerk of Superior Court of Rowan County on October 21, 2010, and of record in File 10 SP 819, 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 Salisbury, Rowan County, North Carolina, at 12:00 Noon, on November 19, 2010, the land conveyed in said Deed of Trust, the same being owned of record by Tamara L. Hartsell, and being more particularly described as follows: BEGINNING at a new spike set in the centerline of Jones Road, a common corner with the northwesternmost corner of Mrs. M.O. Brown (see Deed Book 233 at page 220) now or formerly, Rowan County Public Registry; thence with the centerline of Jones Road the following courses and distances: North 14-08-26 West 54.68 feet to a point; North 17-23-14 West 39.89 feet to a point; North 20-23-59 West 60.50 feet to a point; North 24-22-12 West 75.01 feet to a point; North 29-27-54 West 215.65 feet to a new spike set, a common corner with James R. McBride (see Deed Book 645, page 748), now or formerly, Rowan County Public Registry; thence with the line of McBride North 8542-47 East 298.30 feet to an existing iron pin, a common corner with Robert Scott Brown (see Deed Book 647, page 249), now or formerly, Rowan County Public Registry; thence with the line of Brown North 85-42-47 East 673.18 feet to an existing iron pin (said pin being located South 02-37-18 West 949.10 feet from an existing locust post); thence with the line of Wilkerson South 02-37-18 West 530.28 feet to another existing locust post in the line of Mrs. M.O. Brown; thence with the line of Mrs. M.O. Brown and Helen K. Brown (see Deed Book 324, page 78), now or formerly, Rowan County Public Registry, North 66-00-00 West 663.79 feet to an existing iron pin, a common corner of Helen K. Brown and Mrs. M.O. Brown; thence with the line of Mrs. M.O. Brown North 86-00-00 West 99.18 feet to the point and place of beginning, the same containing 9.176 acres, more or less, all in accordance with that certain survey dated December 13, 1991, prepared by Richard L. Shulenburger, Registered Land Surveyor. Being that parcel of land conveyed to Kenneth Dwayne Jones and wife, Judy V. Jones, Tenants by the Entirety from William W. Jones and wife, Elizabeth Ann Jones by that deed dated March 10, 1988 and recorded April 20, 1988 in Deed Book 638, page 846 of the Rowan County, NC Public Registry. Being that parcel of land conveyed to Kenneth Dwayne Jones and wife, Judy V. Jones, Tenants by the Entirety from Faye Brown Smith and husband, Grady Smith; Judith Brown McBride and husband, Jimmy McBride; Farrell Brown and wife, Ann Brown, Judith Brown McBride, Executrix of the Estate of Dolly O. Brown, and Helen Karriker Brown (widow) by that deed dated October 12, 1988 and recorded October 17, 1988 in Deed Book 642, page 822 of the Rowan County, NC Public Registry. 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: (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. This communication is an attempt to collect a debt and any information obtained will be used for that purpose. Date of Notice: October 21, 2010 Michael A. Myers, Substitute Trustee P.O. Box 21029, Winston-Salem, NC 27120-1029 336-722-3700