THE NEWS-JOURNAL Raeford, N.C. October 22, 2014 Legal Advertising NOTICE OF SERVICE OF PROCESS BY PUBLICATION STATE OF NORTH CAROLINA, HOKE COUNTY In the Superior Court Reuben H. Morris, Jr. v. William John Earl Bowman Hoke County File No.: 14 CVS 000499 To William John Earl Bowman: Take notice that a pleading seeking relief against you has been filed on August 6, 2014 in the above-entitled action. The nature of the relief being sought is as follows: Damages for injuries sustained in a motor vehicle accident that occurred on August 2, 2012. You are required to make defense to such pleading not later than December 1, 2014 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought. This, the 22nd day of October, 2014. James C. MacRae, Jr. MacRae, Perry, MacRae & Whitley, L.L.P. 131 S. Cool Spring Street Post Office Box 1167 Fayetteville, N.C. 28302-1167 (910) 483-0107 33-35C LEGAL NOTICE NOTICE OF PUBLIC HEARING HOKE COUNTY, NORTH CAROLINA NOTICE IS HEREBY GIVEN, pursuant to G.S. 153A-323, that the following Public Hearings will be held before the Hoke County Board of Commissioners on Monday, November 3, 2014, at 7:00 pm, at the Pratt Building, 227 N. Main Street, Raeford, NC, for the purpose of hearing the following: Application for General Use Rezoning RZ-14-6 submitted by Brittanie Colborn to rezone the approximately 2.2 acre unaddressed parcel known as Parcel Identification Number 584670001070. The request is to rezone the property from Highway Commercial (HC) to Residential Agricultural (RA20). Text Amendment TA-14-2 to amend Article 4 Required Improvements, Section 4.2 Drinking Water Improvements of the Hoke County Subdivision Ordinance. All interested citizens are invited to attend this hearing and be heard. Changes may be made in the advertised proposal, which reflect information presented at the hearing. The above listed items may be viewed in the Planning Department, 423 E. Central Avenue, Raeford, NC. 33-34C NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKE COUNTY 14SP216 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JONATHAN CLONTS AND JESSICA L. CLONTS DATED APRIL 30, 2008 AND RECORDED IN BOOK 806 AT PAGE 376 IN THE HOKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA 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 11:30AM on November 5, 2014 the following described real estate and any other improvements which may be situated thereon, in Hoke County, North Carolina, and being more particularly described as follows: BEING all of Lot 110 Northwoods Estate, Phase Two-B, according to a plat of same duly recorded in Plat Cabinet 2, Slide 2-76, Map 004, Hoke County Registry, North Carolina. And Being more commonly known as: 108 Mack Dr, Raeford, NC 28376 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Jonathan K. Clonts and Jessica L. Clonts. 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 resale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. 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 16, 2014. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 14-063477 33-34 NOTICE OF FORECLOSURE SALE 14 SP 63 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Brian K. Corella and Emily M. Corella to Trustee Services of Carolina, LLC, Trustee(s), dated the 19th day of December, 2008, and recorded in Book 00835, Page 0368, in Hoke 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 Hoke 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 Raeford, Hoke County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on November 6, 2014 and will sell to the highest bidder for cash the following real estate situated in the County of Hoke, North Carolina, and being more particularly described as follows: BEING all of Lot No. 140, in a Subdivision known as Liberty Point, Section 3, according to a plat of the same duly recorded in Plat Cabinet 3, Slide 3-57, Map 4, Hoke County Registry, North Carolina. Together with improvements located thereon; said property being located at 122 Taft Court, Raeford, North Carolina. Parcel ID # 4945 6040 1269 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 party must pay the excise tax, as well as the court costs 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. Said property is also being sold subject to applicable Federal and State laws. 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. 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. 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 TOYOU 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE Hutchens Law Firm Attorneys for Substitute Trustee Services, Inc. P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 https://sales.hutchenslawfirm.com Case No: 1132389 (FC.CH) 33-34C Legal Advertising THE NEWS-JOURNAL Raeford, N.C. CREDITOR’S NOTICE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Before The Clerk COUNTY OF HOKE IN THE MATTER OF SALLIE WOODS 14 E 150 All persons, firms and corporations having claims against Sallie Woods, deceased, are hereby notified to exhibit them to Phosha E. Phillips, Administratrix, of the estate of the decedent at 351 N. Arlington Ave., East Orange, NJ 07017, on or before the 1st day of January, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Administratrix. This the 1st day of October, 2014. Phosha E. Phillips, Administratrix Of the estate of Sallie Woods 351 N. Arlington Ave. East Orange, NJ 07017 30-33P 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. Said property is also being sold subject to applicable Federal and State laws. 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. 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. 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 TOYOU 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE Attorney at Law Hutchens Law Firm Attorneys for Substitute Trustee Services, Inc. P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 https://sales.hutchenslawfirm. com Case No: 1124439 (FC.CH) 33-34C AMENDED NOTICE OF FORECLOSURE SALE 14 SP 11 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Adolpho M. Beasley and Sadie McKoy, his wife to Liberty Title, Trustee(s), dated the 24th day of October, 2011, and recorded in Book 962, Page 21, in Hoke 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 Hoke 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 Raeford, Hoke County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on November 6, 2014 and will sell to the highest bidder for cash the following real estate situated in the County of Hoke, North Carolina, and being more particularly described as follows: The land referred to herein below is situated in the County of Hoke, State of North Carolina, and is described as follows: Being all of Lot 3 in a subdivision known as Northhampton Park according to a plat of same being duly recorded in Plat Cabinet 3 Slide 3-25 Map 6 in the Hoke County Registry, North Carolina. Together with improvements thereon said property located at 136 Beverly Court, Raeford, NC 28376 Parcel ID Number: 494650401210 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 party must pay the excise tax, as well as the court costs 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 LEGAL DEADLINE: NOON FRIDAY prior to publication date E-mail legals to: [email protected] October 22, 2014 NOTICE OF FORECLOSURE SALE 13 SP 300 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Franklin J. West and Marylene C. West (PRESENT RECORD OWNER(S): Franklin J. West and Marylene Council West) to Frances Jones, Trustee(s), dated the 15th day of October, 2009, and recorded in Book 877, Page 420, in Hoke 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 Hoke 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 Raeford, Hoke County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on October 30, 2014 and will sell to the highest bidder for cash the following real estate situated in the County of Hoke, North Carolina, and being more particularly described as follows: Being all of Lot 1 in a subdivision known as Puppy Creek Farms, according to a plat of same being duly recorded in Plat Cabinet 2, Slide 2-83, Map 003, Hoke County Registry. Together with improvements located thereon; said property being located at 140 Mossy Oak Circle, Raeford, 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 party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A308(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. Said property is also being sold subject to applicable Federal and State laws. 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. 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, public notice Lumbee River EMC is now accepting bids for the 2015-2017 seasons Right-of-Way Mow- ing Units Contract. LREMC currently has around 2300 plus miles of Overhead Distribution Lines and 100 plus miles of Overhead Transmission Lines in Cumberland, Hoke, Robeson, Scotland and Moore counties. Applicants must be extremely safety oriented; willing to mow next to major highways, consumer’s yards, fields, and various other locations that require extreme attention to detail. Applicant(s) will be mowing around structures and cabinets that support and house voltages from 120V AC to 115,000V AC and must possess the ability to acknowledge hazards at these locations before mowing. SAFETY is our top priority at LREMC! All interested inquiries should contact the Supervisor of Maintenance Services at (910)-843-7949. 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. 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 TOYOU 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE Hutchens Law Firm Attorneys for Substitute Trustee Services, Inc. P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 https://sales.hutchenslawfirm.com Case No: 1123698 (FC.FAY) 32-33C NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKE COUNTY 14SP204 IN THE MATTER OF THE FORECLOSURE OFA DEED OF TRUST EXECUTED BY MARK D. HENDERSON AND JESSICA B. HENDERSON DATED JANUARY 28, 2011 AND RECORDED IN BOOK 931 AT PAGE 535 IN THE HOKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA 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 11:30AM on October 29, 2014 the following described real estate and any other improvements which may be situated thereon, in Hoke County, North Carolina, and being more particularly described as follows: Being all of Lot Number 62, in a subdivision known as Raeford Village, and the same being duly recorded in Plat Cabinet 3, Slide 3-53, Map 2, Hoke County Registry, North Carolina. And Being more commonly known as: 197 Westminster Dr, Raeford, NC 28376 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Mark D. Henderson and Jessica B. Henderson. 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. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. 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 9, 2014. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 14-063670 32-33C AMENDED NOTICE OF FORECLOSURE SALE 14 SP 56 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Archie J. Gordon, Jr. and Joyce Gordon (PRESENT RECORD OWNER(S): Joyce Gordon and Archie J. Gordon, Jr. a/k/a Archie IBN Aboul-Aziz Mustafa Gordon) to H. Terry Hutchens, Trustee(s), dated the 4th day of November, 2002, and recorded in Book 526, Page 152, in Hoke 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 Hoke 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 Raeford, Hoke County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on October 30, 2014 and will sell to the highest bidder for cash the following real estate situated in the County of Hoke, North Carolina, and being more particularly described as follows: Being all of Lot 20, in a subdivision known as Quail Hollow East, according to a Plat of the same duly recorded in Plat Cabinet 2, Slide 2-59; Map 005, Hoke County Registry, North Carolina. Together with improvements located thereon; said property being located at 123 Hollow Lane, Raeford, North Carolina. Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS Advertisement This advertisement is a NOTICE that Hoke County Schools (HCS) will announce the selection of a Pre-Qualified Energy Service Company (ESCO) to negotiate a Guaranteed Energy Saving Performance Contract as specified in N.C. Statute 14-67.17. This announcement is scheduled for Friday, October 31st 2014 at 9:00 am at the Hoke County Board of Education located at 310 Wooley Street, Raeford, NC 28376. This is announcement is open to the general public. §45-21.23. Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A308(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. Said property is also being sold subject to applicable Federal and State laws. 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. 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. 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 TOYOU 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE Hutchens Law Firm Attorneys for Substitute Trustee Services, Inc. P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 https://sales.hutchenslawfirm.com Case No: 1131602 (FC.FAY) 32-33C SUBSCRIBE to The News-Journal Call 875-2121 or visit www.raefordnj.com get the paper each week in the mail Legal Advertising THE NEWS-JOURNAL Raeford, N.C. October 22, 2014 NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKE COUNTY 14SP197 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY SHELLY ANN H. SCOTT AND JASON T. SCOTT DATED JULY 30, 2008 AND RECORDED IN BOOK 819 AT PAGE 589 IN THE HOKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA 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 11:30AM on October 29, 2014 the following described real estate and any other improvements which may be situated thereon, in Hoke County, North Carolina, and being more particularly described as follows: Being all of Lot 35 as shown on a plat entitled “The Hollies at Westgate, Section Two, Part Four” duly recorded in Plat Cabinet 3, Slide 3-68, Map 007, Hoke County, North Carolina Registry. And Being more commonly known as: 389 Fairfield Cir, Raeford, NC 28376 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Shelly Ann Hamilton-Scott and Jason T. Scott. 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. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. 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 9, 2014. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 14-063598 32-33C NOTICE OF FORECLOSURE SALE 14 SP 144 NORTH CAROLINA, HOKE COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Terra C. Webster a/k/a Terra C. Bialas to William R. Echols, Trustee(s), which was dated October 24, 2008 and recorded on December 29, 2008 in Book 835 at Page 488, Hoke 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 November 4, 2014 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Hoke County, North Carolina, to wit: BEING all of Lot 18 Summerfield East Section One as shown on map thereof recorded in Plat Cabinet 2, Slide 2-21 Maps 1 of 1 and 2 of 2 Hoke County Registry. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 315 Buckeye Drive, Raeford, NC 28376. 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 PUBLIC NOTICE CITY OF RAEFORD HOKE COUNTY NORTH CAROLINA IN THE MATTER OF ZONING THE LANDSOUTH COMPANY, LLC 2153 VALLEYGATE DR UNIT 202 FAYETTEVILLE NC 28304-3667 You are hereby notified that an application is now pending before the Raeford Planning Board whereby the above named The LandSouth Company, LLC is requesting a subdivision of entire parcels of PIN# 694351801140, 694351801137, 694351801138, 694351801139 and 694351801144 located on North East Corner of N Main St between E Sixth Ave and E Seventh Ave. The property is approximately 2.65 acres currently zoned as R-8 (Residential). Owner request a subdivision into 11 lots for single family residential development remaining R-8 (Residential). A public hearing will be held by the Raeford Planning Board at Raeford City Hall on Monday, October 27th, 2014 at 5:30 pm and by the Raeford City Council on Monday, November 3rd, 2014 at 7:00 pm. All interested citizens are hereby requested to attend this public hearing and express their views and opinions for the benefit of the said boards. This notice to be published on October 15th and 22nd, 2014. Cleo Bratcher, Vice Chairman Raeford Planning Board Betty Smith, City Clerk 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 Walter A. Embich. 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.: 14-13395-FC01 33-34C LEGAL NOTICE NOTICE OF PUBLIC HEARING HOKE COUNTY, NORTH CAROLINA NOTICE IS HEREBY GIVEN, pursuant to G.S. 153A-323, that the following Public Hearings will be held before the Hoke County Board of Adjustment on Thursday, November 6, 2014, at 7:00 pm, at the Pratt Building, 227 N. Main Street, Raeford, NC, for the purpose of hearing the following: A. Application for Conditional Use Permit CU-14-12 submitted by Roscoe Burnett for a Class B Manufactured Home to be located at 5204 Balfour Road. The property is more specifically identified by the Hoke County Tax Records as PIN 794610001033 (1.00) acres and is located in a RA-20 ResidentialAgricultural District, which allows a Class B Manufactured Home as a conditional use B. Application for Conditional Use Permit CU-14-13 submitted by Barbara Locklear for a Class B Manufactured Home to be located at 615 Murph McLauchlin Road. The property is more specifically identified by the Hoke County Tax Records as PIN 294310001137 (1.00) acres and is located in a RA20 Residential-Agricultural District, which allows a Class B Manufac- tured Home as a conditional use C. Application for Conditional Use Permit CU-14-14 submitted by Barbara Locklear for a Class B Manufactured Home to be located at 621 Murph McLauchlin Road. The property is more specifically identified by the Hoke County Tax Records as PIN 294431000011144 (1.00) acres and is located in a RA20 Residential-Agricultural District, which allows a Class B Manufactured Home as a conditional use D. Application for Variance VA14-1 submitted by Signal Factors. The applicant requests a variance from Chapter 7 Sign Regulations Section 7.3.3 Sign Height to allow a sixteen (16) foot tall emergency notification sign to be placed at the Hoke Health Care hospital. All interested citizens are invited to attend this hearing and be heard. Changes may be made in the advertised proposal, which reflect information presented at the hearing. The above listed items may be viewed in the Planning Department, 423 E. CentralAvenue, Raeford, NC. Jacqueline Lowery, Zoning 33-34C NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKE COUNTY 12SP251 IN THE MATTER OF THE FORECLOSURE OFA DEED OF TRUST EXECUTED BY ROBERT J. HART, SR. AND BETTY J. HART DATED MARCH 4, 1992 AND RECORDED IN BOOK 285 AT PAGE 849 IN THE HOKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA 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 11:30AM on November 5, 2014 the following described real estate and any other improvements which may be situated thereon, in Hoke County, North Carolina, and being more particularly described as follows: BEING all of Lot No. 165 in a Subdivision known as McDOUGALD DOWNS, SECTION THREE, map of same duly recorded on Slide 298, Map 4 of the Hoke County Registry, North Carolina. And Being more commonly known as: 1104 Mackintosh Ct, Raeford, NC 28376 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Betty J. Hart. 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 PUBLIC NOTICE CITY OF RAEFORD HOKE COUNTY NORTH CAROLINA IN THE MATTER OF ZONING Tyrone Robert McRae PO BOX 1864 Raeford NC 28376 You are hereby notified that an application is now pending before the Raeford Planning Board whereby the above named Tyrone Robert McRae is requesting a rezone of the entire parcel of PIN# 694251501018 located at 1573 McBryde Lake Rd. The property is approximately 0.57 acres (25,000 sqft) currently zoned as R-6 (Residential 6,000). Owner request a rezone to RMH (Residential Manufactured Home) to place a double wide manufactured home on the lot. A public hearing will be held by the Raeford Planning Board at Raeford City Hall on Monday, October 27th, 2014 at 5:30 p.m. and by the Raeford City Council on Monday, November 3rd, 2014 at 7:00 p.m. All interested citizens are hereby requested to attend this public hearing and express their views and opinions for the benefit of the said boards. This notice to be published on October 15th and October 22nd, 2014. Cleo Bratcher Vice-Chairman Raeford Planning Board Betty Smith Assistant City Manager/City Clerk 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. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. 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 September 26, 2014. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 05-72695 33-34C CREDITOR’S NOTICE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Before The Clerk COUNTY OF HOKE IN THE MATTER OF RONALD WAYNE JOHNSON 14 E 179 All persons, firms and corporations having claims against Ronald Wayne Johnson, deceased, are hereby notified to exhibit them to Harriett Johnson, Executrix, of the estate of the decedent at 166 Bud Currie Rd., Raeford, NC 28376, on or before the 1st day of January, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Executrix. This the 1st day of October, 2014. Harriett Johnson, Executrix Of the estate of Ronald Wayne Johnson 166 Bud Currie Rd. Raeford, NC 28376 30-33P CREDITOR’S NOTICE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Before The Clerk COUNTY OF HOKE IN THE MATTER OF MILDRED BARRINGTON MOTLEY AKA MILDRED WALTERS MOTLEY 14 E 195 All persons, firms and corporations having claims against Mildred Barrington Motley aka Mildred Walters Motley, deceased, are hereby notified to exhibit them to Jeffery Carroll Barrington, Executor, of the estate of the decedent at 162 Church St., Ridgeville, SC 29472, on or before the 15th day of January, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Executor. This the 15th day of October, 2014. Jeffery Carroll Barrington, Executor Of the estate of Mildred Barrington Motley aka Mildred Walters Motley 162 Church St. Ridgeville, SC 29472 32-35P CREDITOR’S NOTICE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Before The Clerk COUNTY OF HOKE IN THE MATTER OF RITA STRUB 14 E 84 All persons, firms and corporations having claims against Rita Strub, deceased, are hereby notified to exhibit them to F. Thomas Holt, III, Administrator, of the estate of the decedent at 202 Hinsdale Ave., Fayetteville, NC 28305, on or before the 8th day of January, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Administrator. This the 8th day of October, 2014. F. Thomas Holt, III, Administrator Of the estate of Rita Strub 202 Hinsdale Ave. Fayetteville, NC 28305 31-34P CREDITOR’S NOTICE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Before The Clerk COUNTY OF HOKE IN THE MATTER OF WILLIE WOODS 14 E 151 All persons, firms and corporations having claims against Willie Woods, deceased, are hereby notified to exhibit them to Phosha E. Phillips, Executrix, of the estate of the decedent at 351 N. Arlington Ave., East Orange, NJ 07017, on or before the 1st day of January, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Executrix. This the 1st day of October, 2014. Phosha E. Phillips, Executrix Of the estate of Willie Woods 351 N. Arlington Ave. East Orange, NJ 07017 30-33P notice to voters in hoke county, north carolina One-Stop Voting Sites November 4, 2014 Election BOARD OF ELECTIONS OFFICE 227 North Main Street Raeford, NC 28376 Thursday, October 23 - Friday, October 24 8:00 am - 8:00 pm Saturday, October 25 8:00 am - 3:00 pm Monday, October 27 - Friday, October 31 8:00 am - 8:00 pm Saturday, November 1 8:00 am - 1:00 pm ROCKFISH COMMUNITY BUILDING 2749 Lindsay Road Raeford, NC 28376 Thursday, October 23 - Friday, October 24 8:00 am - 8:00 pm Saturday, October 25 8:00 am - 3:00 pm Monday, October 27 - Friday, October 31 8:00 am - 8:00 pm Saturday, November 1 8:00 am - 1:00 pm
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