NOTICE OF FORECLOSURE SALE 14 SP 238 Under and by virtue
Legal Advertising THE NEWS-JOURNAL Raeford, N.C. AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY 14-SP-45 Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Larry D Coburn and Angela D Coburn, dated October 23, 2009 and recorded on November 2, 2009 in Book No. 00879 at Page 0430 in the Office of the Register of Deeds of Hoke County, North Carolina; and because of default in the payment of the indeb-tedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebted-ness secured by said Deed of Trust, the under-signed Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Hoke County Courthouse, Raeford, North Carolina on January 8, 2015 at 10:00AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raeford, County of Hoke, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 120 Overton Road, Raeford, NC 28376. Tax Parcel ID: 4948 4030 1112 Present Record Owners: Larry D Coburn and Angela D Coburn. 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, 018351-00049 P1123771 12/31, 01/07/2015 43-44C 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 January 8, 2015 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 7, in a Subdivision known as Stonewall, Section One, and the same being duly recorded in Slide 348, Map 008, Hoke County Registry, North Carolina. Together with improvements located thereon; said property being located at 401 Camden Road, 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 §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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 https://sales.hutchenslawfirm. com Case No: 1145205 (FC.FAY) 43-44C NOTICE OF FORECLOSURE SALE Under and by virtue of the power of sale contained in a certain Deed of Trust made by Brad Powers and Yvette R. Powers to Philip R. Mahoney, Trustee(s), dated the 17th day of May, 2010, and recorded in Book 900, Page 661, 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 January 7, 2015 NOTICE OF FORECLOSURE SALE 14 SP 238 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Alonzo Jefferson and wife, Jennie Davis Jefferson, (Alonzo Jefferson, deceased) to Chris Godwin, Trustee(s), dated the 28th day of March, 2000, and recorded in Book 438, Page 852, and Modification in Book 894, Page 358, 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 January 8, 2015 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: BEGINNING at an iron stake, the southeastern corner of the Caroline McCormick land, and running thence with the southern line South 52 degrees 50 minutes West 166.7 feet to an iron pipe stake, the Southwestern corner of the Caroline McCormick land; thence with the western line North 32 degrees 30 minutes West 148.00 feet to a stake; thence North 69 degrees 00 minutes East 253.05 feet to a stake in the eastern line; thence with that line, South 12 degrees 00 minutes West 119.00 feet to the BEGINNING corner, containing 0.57 acre, more or less, and being part of that same land conveyed to Caroline McCormick by Flora Dockery by Deed dated November 28, 1941, and recorded in Book 82, at Page 62 in the Office of the Register of Deeds for Hoke County, North Carolina. Also a part of the land conveyed to Dixon McCormick and wife, Caroline McCormick by J. Bento Thomas and wife, by Deed dated March 18, 1958, and recorded in Book 112, at Page 81 in the aforesaid public Registry, and being the same property conveyed to James Davis and wife, Doshie Davis by Caroline McCormick by Deed recorded in Book 153, at Page 377 Hoke County Public Registry._Also included in this conveyance, is a thirty (30) foot right of way easement adjoining and running with the eastern line of the Caroline McCormick land North 12 degrees 00 minutes East approximately 500.00 feet to the southern margin of the Old Vass-Raeford Road, now state Road Number 1300._Together with improvements thereon, said property located at 737 North Vass Road, Raeford, NC 28376. Parcel# 6942-51-20-1015_ 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 https://sales.hutchenslawfirm.com Case No: 1143495 (FC.CH) 43-44C NOTICE OF FORECLOSURE SALE 14 SP 243 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Harry L. Leftwich and Sue B. Leftwich, husband and wife, (Harry L. Leftwich, deceased) to Kenneth C. Praschan, Trustee(s), dated the 26th day of October, 2004, and recorded in Book 642, Page 72, 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 January 15, 2015 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: Attached to a Deed of Trust from Harry L. Leftwich and wife, Sue B. Leftwich to Residential Mortgage Corp._That certain lot or parcel of land located on the east side of Jackson Street in the Town of Raeford, said county and State, and Beginning at a stake in the east margin of said Jackson Street, which said stake is 80 feet 0 degrees and 35 minutes South of the intersection of said Jackson Street and Elwood Avenue, and runs thence South 88 degrees and 55 minutes East, with the Norris line, 100 feet to a stake in the Carl Morris line; thence as the Carl Morris line, South 0 degrees and 35 minutes West 80.5 feet to a stake, the McLauchlin corner; thence as the McLauchlin line North 88 degrees and 55 minutes West; 100 feet to a stake on the east margin of said Jackson Street; thence along the east edge of said Street, North 0 degrees and 35 minutes East 80.5 feet beginning corner, the same being the south portion of Lots No. 16-17-18 and 19 as per map Subdivision of the McLauchlin Property, Raeford, N.C. made by J. H. Blue, Surveyor, Nov. 1946, and recorded in Book of Maps No. 2 at Page 314, of Hoke County Registry, and being a part of the same property heretofore conveyed to said Thomas F. McBryde by D.B. McFadyen and wife, Harriet H. Mcfadyen by Deed dated Jan. 17,1950, and recorded in Book 92 at Page 3, in the office of Register of Deeds for Hoke County, Reference to which Map and Deed is here made for further identification of said property. _Together with improvements thereon, said property located at 110 North Jackson Street, Raeford, NC 28376. Parcel# 694341001032_ 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, 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 https://sales.hutchenslawfirm.com Case No: 1143494 (FC.CH) 43-44C NOTICE OF FORECLOSURE SALE Under and by virtue of the power of sale contained in a certain Deed of Trust made by Timothy J. Kirschbaum and Jennifer A. Kirschbaum to Landamerica Lawyers Title, Trustee(s), dated the 25th day of October, 2007, and recorded in Book 00782, Page 0756, 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 loca- tion designated for foreclosure sales, at 10:00 AM on January 15, 2015 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: A certain tract or parcel of land in Hoke County, in the State of North Carolina, described as follows: Being all of Lot 57 in a subdivision known as Heartland, Map 1 of 2, according to a plat of the same duly recorded in Plat Cabinet 3, Slide 3-3, Map 002, Hoke County Registry, North Carolina. Together with improvements located thereon; said property being located at 286 Rushmore Drive, Raeford, North Carolina. Being the same property conveyed from Kidd Construction Co., Inc. to Timothy J. Kirschbaum and wife, Jennifer A. Kirschbaum, by North Carolina General Warranty Deed, dated June 29, 2004, and recorded July 2, 2004, as/in Book 625 Page 123. 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 https://sales.hutchenslawfirm. com Case No: 1146999 (FC.FAY) 43-44C 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 ELVIS M. HOLLOMAN 14 E 60 All persons, firms and corporations having claims against Elvis M. Holloman, deceased, are hereby notified to exhibit them Oliver P. Holloman, Administrator, of the estate of the decedent at 7124 Ed Springs Rd., Red Springs, NC 28377, on or before the 24th day of March, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Administrator. This the 24th day of December, 2014. Oliver P. Holloman, Administrator Of the estate of Elvis M. Holloman 7124 Red Springs Rd. Red Springs, NC 28377 42-45P 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. If the property being offered pursuant to this notice of sale is residential property containing fewer than 15 units, an order for possession of the property may be issued pursuant to North Carolina Gen. Stat. § 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. Pursuant to North Carolina General Statutes § 45-21.10 and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of $750.00 or 5% of the bid, whichever is greater. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash at the time the Trustee tenders to him a deed for the real property or attempts to tender such deed, and should said successful bidder fail to pay at that time the full balance of the purchase price so bid, he shall remain liable on his bid as provided for in North Carolina General Statutes § 4521.30(d) and (e). This sale shall be held open for upset bids ten (10) days after the filing of the Trustee’s report of sale with the Clerk of Superior Court of Hoke County, North Carolina, as required by law. This the 16th day of December, 2014. Lonnie M. Player, Jr. Substitute Trustee Attachment: Exhibit A (Legal Description) Exhibit A Property Description Parcel Four: BEING all of Lot 46, WOODLAND SUBDIVISION, PHASE IV according to a Plat of same duly recorded in Plat Cabinet 2-57, Map 003, Hoke County Registry. Parcel Six: BEING all of Lot No. 28 in a Subdivision known as McDougald Downs, Section Six according to a plat of same duly recorded in Slide 321, Map 2 in the Hoke County Registry, North Carolina. Parcel Eight: BEING all of Tract No. 3 as shown on duly recorded map drawn by Leland D. Strother, RLS dated March 18, 1998 and recorded in Plat Cabinet 2, Slide 2-25, Map 005, Hoke County Registry, North Carolina. Said property being commonly known as 234 Twin Creek Dr., Raeford, NC 28376. Parcel Ten: BEING all of Lot No. 115 in a Subdivision known as Mc- AMENDED NOTICE OF SALE STATE OF NORTH CAROLINA COUNTY OF HOKE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 14-SP-267 IN THE MATTER OF: The Foreclosure of the Deed of Trust executed by Doulos Properties, LLC, recorded in Deed of Trust Book 1066, Page 119, of Hoke County Registry. By: Lonnie M. Player, Jr., Substitute Trustee. NOTICE IS HEREBY GIVEN that under and by virtue of the power of sale contained in the Deed of Trust referred to above, and under and by authority vested in the undersigned as Trustee, default having been made in the payment of the indebtedness secured by the Deed of Trust, the undersigned Trustee will expose for sale at public auction the real property described in said Deed of Trust as more particularly described on Exhibit A attached hereto and incorporated herein by reference. The addresses for the real properties subject to the foreclosure are: (1) 304 Manning Drive, Raeford, North Carolina (Parcel Four); (2) 1405 Darby Drive, Fayetteville, North Carolina (Parcel Six); (3) 234 Twin Creek Drive, Raeford, North Carolina (Parcel Eight); and, (4) 2205 Keen Court, Raeford, North Carolina (Parcel Ten), and the record owner thereof is Doulos Properties, LLC, as reflected in the records of the Office of the Register of Deeds of Hoke County not more than ten (10) days prior to the posting of this Notice of Sale. The aforesaid public auction of such real property will be held on January 20, 2015, at 10:00 A.M., at the main door of the Hoke County Courthouse in Raeford, North Carolina. Such real property is to be sold for cash subject to all liens, encumbrances, restrictions, easements and rights of way of record as may have priority over the lien of the Deed of Trust, and to all taxes, water rents and special assessments, if any. The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” These properties may be sold in whole or in part. Neither the January 7, 2015 Dougald Downs, Section Eight, according to a plat of same duly recorded on Slide 358, Map 7 and 8 of the Hoke County Registry, North Carolina. 44-45P AMENDED NOTICE OF SALE STATE OF NORTH CAROLINA COUNTY OF HOKE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 14-SP-269 IN THE MATTER OF: The Foreclosure of the Deed of Trust executed by Billy J Burnett, LLC, recorded in Deed of Trust Book 1066, Page 93, of Hoke County Registry. By: Lonnie M. Player, Jr., Substitute Trustee. NOTICE IS HEREBY GIVEN that under and by virtue of the power of sale contained in the Deed of Trust referred to above, and under and by authority vested in the undersigned as Trustee, default having been made in the payment of the indebtedness secured by the Deed of Trust, the undersigned Trustee will expose for sale at public auction the real property described in said Deed of Trust as more particularly described on Exhibit A attached hereto and incorporated herein by reference. The address for the real property subject to the foreclosure is 206 Twin Creeks Drive, Raeford, North Carolina (Parcel Six), and the record owner thereof is Billy J Burnett, LLC, as reflected in the records of the Office of the Register of Deeds of Hoke County not more than ten (10) days prior to the posting of this Notice of Sale. The aforesaid public auction of such real property will be held on January 20, 2015, at 10:00 A.M., at the main door of the Hoke County Courthouse in Raeford, North Carolina. Such real property is to be sold for cash subject to all liens, encumbrances, restrictions, easements and rights of way of record as may have priority over the lien of the Deed of Trust, and to all taxes, water rents and special assessments, if any. The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” These properties may be sold in whole or in part. 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. If the property being offered pursuant to this notice of sale is residential property containing fewer than 15 units, an order for possession of the property may be issued pursuant to North Carolina Gen. Stat. § 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, Request for Proposals Hoke County Partnership for Children and Families 1089 E. Central Ave. Raeford, NC 28376 Fiscal Year 2015-2016 The Partnership is currently accepting proposals for projects that address the goals of the statewide Smart Start initiative. These proposals must address the birth to five-year old population in Hoke County. Agencies wishing to submit bids must have a demonstrated record of success and at least 3 years of service delivery experience as well as a strong system for fiscal and programmatic accountability. Financial and insurance documentation will be requested prior to contract signing if proposal is selected and approved. Proposals must be submitted with an expected duration of up to one year from July 1, 2015 to June 30, 2016. Proposals are being sought for the following activity areas: Family Support Child Care Related Children’s Health Activities Early Childhood Education Evaluation Deadline for submission of proposals is February 13, 2015 at 5:00 pm, at the Partnership office. No faxed copies accepted. Proposal and budget outlines are available on our website at: www. hokechildren.net ALL APPROVED PROPOSALS ARE SUBJECT TO FUTURE FUNDING. 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. Pursuant to North Carolina General Statutes § 45-21.10 and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of $750.00 or 5% of the bid, whichever is greater. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash at the time the Trustee tenders to him a deed for the real property or attempts to tender such deed, and should said successful bidder fail to pay at that time the full balance of the purchase price so bid, he shall remain liable on his bid as provided for in North Carolina General Statutes § 4521.30(d) and (e). This sale shall be held open for upset bids ten (10) days after the filing of the Trustee’s report of sale with the Clerk of Superior Court of Hoke County, North Carolina, as required by law. This the 16th day of December, 2014. Lonnie M. Player, Jr., Substitute Trustee Attachment: Exhibit A (Legal Description) Exhibit A Property Description Parcel Six: Being all of Lot 27, in a Subdivision known as “Twin Creek Subdivision Revision of Lots 26, 27 and 28 Combination of Lots 32 and 33, Phase Two, as surveyed by Strother Land Surveying, Raeford, North Carolina, and recorded in Book 381, Page 4, of the Hoke County Registry. 44-45P AMENDED NOTICE OF SALE STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF HOKE BEFORE THE CLERK 14-SP-268 IN THE MATTER OF: The Foreclosure of the Deed of Trust executed by Karis Properties, LLC, recorded in Deed of Trust Book 1066, Page 67, of Hoke County Registry. By: Lonnie M. Player, Jr., Substitute Trustee. NOTICE IS HEREBY GIVEN that under and by virtue of the power of sale contained in the Deed of Trust referred to above, and under and by authority vested in the undersigned as Trustee, default having been made in the payment of the indebtedness secured by the Deed of Trust, the undersigned Trustee will expose for sale at public auction the real property described in said Deed of Trust as more particularly described on Exhibit A attached hereto and incorporated herein by reference. The addresses for the real properties subject to the foreclosure are: (1) 1701 O’Bannon Drive, Raeford, North Carolina (Parcel One); (2) 531 Dunrobin Drive, Raeford, North Carolina (Parcel Six); and, (3) 2711 Lowlander Drive, Raeford, North Carolina (Parcel Seven), and the record owner thereof is Karis Properties, LLC, as reflected in the records of the Office of the Register of Deeds of Hoke County not more than ten (10) days prior to the posting of this Notice of Sale. The aforesaid public auction of such real property will be held on January 20, 2015, at 10:00 A.M., at the main door of the Hoke County Courthouse in Raeford, Public Notice Hoke County Health Department Board of Health Open Meeting January 12, 7:00 p.m. North Carolina. Such real property is to be sold for cash subject to all liens, encumbrances, restrictions, easements and rights of way of record as may have priority over the lien of the Deed of Trust, and to all taxes, water rents and special assessments, if any. The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” These properties may be sold in whole or in part. 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. If the property being offered pursuant to this notice of sale is residential property containing fewer than 15 units, an order for possession of the property may be issued pursuant to North Carolina Gen. Stat. § 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. Pursuant to North Carolina General Statutes § 45-21.10 and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of $750.00 or 5% of the bid, whichever is greater. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash at the time the Trustee tenders to him a deed for the real property or attempts to tender such deed, and should said successful bidder fail to pay at that time the full balance of the purchase price so bid, he shall remain liable on his bid as provided for in North Carolina General Statutes § 4521.30(d) and (e). This sale shall be held open for upset bids ten (10) days after the filing of the Trustee’s report of sale with the Clerk of Superior Court of Hoke County, North Carolina, as required by law. This the 16th of December, 2014. Lonnie M. Player, Jr., Substitute Trustee Attachment: Exhibit A (Legal Description) Exhibit A Property Description Parcel One: Being all of Lot No. 60 in a subdivision known as McDougald Downs, Section Seven, according to a plat of same duly recorded on Slide 350, Map 2 of the Hoke County Registry, North Carolina. Parcel Six: Being all of Lot 146, McDougald Downs, Section III, according to a plat of same duly recorded in Slide 298, Map 4, Hoke County Registry. Parcel Seven: Being all of Lot 287 in a subdivision known as McDougald Downs, Section Nine, Part One, according to a map of the same duly recorded on Slide 400, Map 005 in the Hoke County Registry, North Carolina. 44-45P The Hoke County Health Department Board of Health will hold an open meeting on Monday, January 12, 2015 at 7:00 p.m. in the Board of Health Conference Room at the Hoke County Health Department, 683 East Palmer Road, Raeford, NC. The public is invited to attend. NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKE COUNTY 14SP255 IN THE MATTER OF THE FORECLOSURE OFA DEED OF TRUST EXECUTED BY LESLIE TRENT HATCHELL AND JESSICA HATCHELLAKA JESSICE HATCHELL AKA J HATCHELL DATED SEPTEMBER 30, 2010 AND RECORDED IN BOOK 916 AT PAGE 877 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 January 21, 2015 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 149, in a subdivision known as Riverbrooke, Section Two, and the same being duly recorded in Plat Cabinet 3, Slide 3-99, Map 005, Hoke County Registry, North Carolina. And Being more commonly known as: 486 Broad Dr, Raeford, NC 28376 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Leslie Trent Hatchell. 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 December 15, 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/ 14-064197 Client Code: CWF 44-45C Legal Advertising THE NEWS-JOURNAL Raeford, N.C. Legal Notice NORTH CAROLINA HOKE COUNTY The undersigned, Blair Gulezian, having qualified on December 16, 2014, as Personal Representative of the ESTATE OF MARK GERALD GULEZIAN a/k/a Mark _G. Gulezian, deceased, hereby notifies all persons, firms or corporations having claims against said Estate that they must present them to the attorney for the estate as set forth below, on or before April 10, 2015, or the claims will be forever barred thereafter, and this notice will be pleaded in bar of their recovery. All persons, firms or corporations indebted to said Estate will please make immediate payment to the undersigned. This the 7th day of January, 2015. Blair Gulezian Personal Representative Estate of Mark Gerald Gulezian a/k/a Mark G. Gulezian Margaret Lorenz Attorney for the Estate 230 North Bennett Street Southern Pines, NC 28387 44-47C 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 https://sales.hutchenslawfirm.com Case No: 1140194 (FC.CH) 43-44C NOTICE OF FORECLOSURE SALE14 SP 252 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Terry Leroy Morrisey to First American Title Insurance Company, Trustee(s), dated the 29th day of May, 2001, and recorded in Book 470, Page 785, 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 January 8, 2015 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: Lying and being in Raeford, North Carolina and being all of Lot 34 of Alston Acres Subdivision as shown on Slide 327, Page 3 of the Hoke County Public Registry. __Together with improvements thereon said property located at 421 Ben Austin Road, Raeford, NC 28376_ Parcel: 694440001127__The security instrument secures an obligation for a manufactured home which is already or to be permanently affixed to the subject real estate:_Make: Vanderbilt _Model Number:_Model Name: Richwood_Serial Number: CLH019688TNAB_ Width: 24_Length: 48_Year Built: 1995_ 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), January 7, 2015 AMENDED NOTICE OF FORECLOSURE SALE 14 SP 68 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Carlos Lenis and wife Cenobia Salazar to A Grant Whitney, Trustee(s), dated the 28th day of March, 2013, and recorded in Book 1031, Page 270, 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 January 8, 2015 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 Number 228 in a subdivision known as WEDGEFIELD, PHASE 1-B and the same being duly recorded in Plat Cabinet 4, at Slide 4-25, Map 7, Hoke County Registry, North Carolina._Parcel Identification No. 49466-02-01-431_Property Address: 294 Fountain Grove Drive, Raeford, NC 28376_ 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, 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 https://sales.hutchenslawfirm.com Case No: 1133051 (FC.CH) 43-44C NOTICE OF FORECLOSURE SALE NORTH CAROLINA HOKE COUNTY IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST EXECUTED BY BOBBY E. HEDGPETH, JR. same person as BOBBY E. HEDGEPETH, JR., single, Recorded in Book 882, Page 388, Hoke County Registry IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK FILE NO. 14-SP-251 DEED OF TRUST BEING FORECLOSED: The Deed of Trust being foreclosed is that Deed of Trust executed by BOBBY E. HEDGPETH, JR. same person as BOBBY E. HEDGEPETH, JR., single to Jay B. Green, Trustee, dated November 20, 2009 and recorded in Book 882, Page 388 in the Hoke County Registry of North Carolina. RECORD OWNERS OF THE REAL PROPERTY: The record owner of the subject real property as reflected on the records of the Hoke County Register of Deeds not more than 10 days prior to the posting of this Notice is Bobby E. Hedgepeth, Jr.. DATE, TIME AND PLACE OF SALE: The sale will be held on January 9, 2015 at 11:30 a.m. at the door of the Hoke County Courthouse, Raeford, North Carolina. PROPERTY TO BE SOLD: The following real property to be sold “sight unseen” together with any improvements is located in Hoke County, North Carolina and is believed to have the address of 1560 Haire Road, Shannon, NC 28386 and is otherwise more particularly described as follows: Lying and being in Raeford Township, Hoke County, North Carolina and being more particularly described as follows: Being all of that 1.40 acre tract, more or less, as shown on a survey prepared by James Coxe Hasty revised Oct. 16, 2009 and identified as lot 3.02 recorded in Plat Cabinet 3 Slide 3-96 Map 003 of the Hoke County Public Registry to which reference is hereby made. Included as part of the real property is a 2010 Clayton Colony Bay manufactured home bearing serial no. CLF009269NCAB as more particularly described in a Declaration recorded in Book 882, Page 396, Hoke County Registry. TERMS OF SALE: Pursuant to the provisions of N.C.G.S. §45-21.10(b) and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee or Clerk of Superior Court immediately upon the conclusion of the sale a cash deposit to be determined by the greater of 5% of the bid or $750.00. Unless the Substitute Trustee agrees otherwise, the successful bidder will be required to tender the “full purchase price” so bid in cash or certified check at the time the Trustee tenders to him a Deed to the property or attempts to tender such Deed, and should the successful bidder fail to pay the full amount, then the successful bidder shall remain liable as provided for in N.C.G.S. §45-21.30. By submitting your bid, you agree that the “full purchase price” shall be defined as the amount of bid plus the Trustee’s commission as defined in the subject Deed of Trust plus the costs of the action, unless the Trustee agrees otherwise. For example, if the amount of bid is $20,000.00 and the trustee’s commission is defined in the subject Deed of Trust as 5% of the gross proceeds of the sale, then the “full purchase price” shall equal $21,000.00 plus the costs of the action. A tender of Deed shall be defined as a letter from the Trustee to the successful bidder offering to record the Deed upon receipt of full purchase price as described herein and listed in said letter. If the trustee is unable to convey title to this property for any reason such as a bankruptcy filing, the sole remedy of the successful bidder is the return of the deposit. As to any manufactured home, the following shall apply: Any not considered real property is being foreclosed pursuant to N.C.G.S. §25-9-604, if necessary; there is no warranty that any is actually located on the subject tract; and there is no warranty given by the Substitute Trustee as to whether said home is real property or personal property. The sale will be made subject to all prior liens, unpaid taxes, assessments, restrictions and easements of record, if any. ADDITIONAL NOTICE: Take notice that an order for possession of the property may be issued pursuant to G.S. 4521.29 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. Take further notice that 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. This the 13th day of November, 2014. THE GREEN LAW FIRM, P.C. Jay B. Green Attorneys for Deidre D. DeFlorentis, Substitute Trustee 908 E. Edenton Street Raleigh, North Carolina 27601 Telephone: 919-829-0797 43-44C NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKE COUNTY 14SP26 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MARCUS POWERS AND HEATHER LYNN POWERS DATED FEBRUARY 1, 2011 AND RECORDED IN BOOK 931 AT PAGE 868 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 11:00AM on January 9, 2015 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: A CERTAIN TRACT OR PARCEL OF LAND IN QUEWHIFFLE TOWNSHIP, HOKE COUNTY, NORTH CAROLINA SITUATED ABOUT 11 MILES NORTHWEST OF RAEFORD, N.C., FRONTING ON THE NORTHWEST SIDE OF N.C.S.R. NO. 1228, RESERVATION ROAD, ABOUT 0.5 MILE NORTHEAST OF ITS INTERSECTION WITH N.C.S.R. NO. 1225, ASHEMONT ROAD, ADJOINING THE LANDS OF DENNIS B. BERRY ON THE NORTH AND BY JAMES R. HAULE ON THE WEST, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT A MAG NAIL AT OR NEAR THE CENTER OF THE PAVEMENT OF N.C.S.R. NO. 1228, SAID MAG NAIL BEING A NORTHEAST CORNER OF THE ELLIS SMITH, JR. TRACT 2, AS DESCRIBED IN DEED BOOK 278, AT PAGE 528 IN THE HOKE COUNTY REGISTRY AND ALSO BEING THE NORTHEAST CORNER OF THE DENNIS B. BERRY AND WIFE ROBIN E. BERRY 11.058 ACRE TRACT AS DESCRIBED IN DEED BOOK 508, AT PAGE 77; THENCE GENERALLY AS THE CENTER OF N.C.S.R. NO. 1228, THE EASTERNMOST LINE OF BERRY, SOUTH 09 DEGREES 23 MINUTES 19 SECONDS WEST FOR A DISTANCE OF 111.39 FEET TO A MAG NAIL IN THE CENTER OF N.C.S.R. NO. 1228, A CORNER OF SAID BERRY 11.058 ACRE TRACT AND THE POINT OF BEGINNING OF THE TRACT HEREON DESCRIBED; THENCE FROM THE BEGINNING GENERALLY AS THE CENTER OF N.C.S.R. NO. 1228, AN EAST LINE OF THE ORIGINAL TRACT OF WHICH THIS IS A PART, SOUTH 09 DEGREES 22 MINUTES 52 SECONDS WEST FOR A DISTANCE OF 286.27 FEET TO A MAG NAIL AT THE POINT OF CURVATURE; THENCE CONTINUING GENERALLYAS THE CENTER OF N.C.S.R. NO. 1228 ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 387.32 FEET AN ARC LENGTH OF 423.63 FEET, BEING SUBTENDED BY A CHORD OF SOUTH 40 DEGREES 43 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 402.83 FEET TO A RESET MAG NAIL AT THE POINT OF TANGENCY, SAID MAG NAIL FURTHER LOCATED SOUTH 72 DEGREES 03 MINUTES WEST A DISTANCE OF 4.38 FEET FROM A RAILROAD SPIKE IN THE CENTER OF THE PAVEMENT; THENCE CONTINUING GENERALLYAS THE CENTER OF N.C.S.R. NO. 1228, SOUTH 72 DEGREES 03 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 282.73 FEET TO A MAG NAIL AT OR NEAR THE CENTER OF THE PAVEMENT OF N.C.S.R.NO. 1228, THE SOUTHEAST CORNER OF THE JAMES R. HAULE TRACT AS DESCRIBED IN DEED BOOK 758, AT PAGE 166 AND AS SHOWN ON A PLAT ENTITLED “SURVEY FOR TERRI BRODA ROBBINS” AND RECORDED IN PLAT CABINET 2, SLIDE 2-54, MAP NO. 001; THENCE AS A COMMON LINE WITH HAULE, NORTH 15 DEGREES 53 MINUTES 46 SECONDS WEST FOR A DISTANCE OF 30.01 FEET TO A REBAR IN THE NORTH RIGHT OF WAY LINE (30 FEET FROM CENTER) OF N.C.S.R. NO. 1228; THENCE CONTINUING AS A COMMON LINE WITH HAULE, NORTH 15 DEGREES 53 MINUTES 45 SECONDS WEST FOR A DISTANCE OF 406.38 FEET TO A REBAR, A COMMON CORNER WITH GLOVER AND THE AFOREMENTIONED BERRY TRACT; THENCE AS A COMMON LINE WITH BERRY, NORTH 06 DEGREES 04 MINUTES 04 SECONDS WEST FOR A DISTANCE OF 80.58 FEET TO A REBAR, A COMMON CORNER WITH BERRY; THENCE AS A COMMON LINE WITH BERRY, NORTH 89 DEGREES 25 MINUTES 18 SECONDS EAST FOR A DISTANCE OF 465.64 FEET TO A REBAR; THENCE CONTINUING AS A COMMON LINE WITH BERRY, NORTH 54 DEGREES 43 MINUTES 31 SECONDS EAST FOR A DISTANCE OF 253.17 FEET TO A REBAR 30 FEET NORTHWEST OF THE CENTER OF THE PAVEMENT OF N.C.S.R. NO. 1228; THENCE CONTINUING NORTH 54 DEGREES 43 MINUTES 31 SECONDS EAST FOR A DISTANCE OF 41.83 FEET TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO MARCUS POWERS AND WIFE, HEATHER LYNN POWERS BY DEED FROM ELLIS SMITH, JR., DIVORCED RECORDED 04/21/2008 IN DEED BOOK 804 PAGE 798, IN THE REGISTER OF DEEDS OFFICE OF HOKE COUNTY, NORTH CAROLINA. And Being more commonly known as: 3342 Reservation Rd, Aberdeen, NC 28315 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/ are Marcus Powers and Dennis R. Berry and Robin E. Berry. 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 November 20, 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/ 14-057144 43-44C 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 RONALD SMITH GORDON FILE NO. 14 E 164 All persons, firms and corporations having claims against Ronald S. Gordon, deceased, are hereby notified to exhibit them Rhonda Cole, Administratrix CTA, of the estate of the decedent at PO Box 215, Jackson Springs, NC 27281, on or before the 17th day of March, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Administratrix CTA. This the 10th day of December, 2014. Rhonda Cole, Administratrix CTA Of the estate of Ronald S. Gordon PO Box 215 Jackson Springs, NC 27281 41-44P 104 Tashyia Rd., Red Springs, NC 28377 and Beanie L. Dial, Administrator CTA at 471 S. Old Wire Rd., Red Springs, NC 28377, on or before the 24th day of March, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Administrators CTA. This the 24th day of December, 2014. Annie S. Locklear, Administratrix CTA Of the estate of Wilma D. Dial 104 Tashyia Rd Red Springs, NC 28377 And Beanie L. Dial, Administrator CTA 471 S. Old Wire Rd. Red Springs, NC 28377 42-45P REAL PROPERTY SALE NORTH CAROLINA COUNTY OF HOKE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION XXX-XX-8768 STATE OF NORTH CAROLINA DEPARTMENT OF REVENUE, PLAINTIFFVS.ALONZO T. ROGERS, 222 JULIAN DRIVE, FAYETTEVILLE, NC 28306, DEFENDANT UNDER AND BY VIRTUE of a NORTH CAROLINA DEPARTMENT OF REVENUE WARRANT FOR COLLECTION OF TAXES issued by the above named court in the above-entitled action on the 24TH DAY OF SEPTEMBER 2014, directed to the undersigned Sheriff. I will offer for sale to the highest bidder for cash whatever right, title, and interest, the judgment debtors owns or may own in the following described real property which is subject to sale under execution. THIS SALE SHALL BE HELD AT THE FOLLOWING LOCATION: THE FRONT STEPS OF THE HOKE COUNTY COURTHOUSE—304 NORTH MAIN STREET RAEFORD, NC as designated by the Clerk of Superior Court on the 23rd DAY OF January 2015 , at 10:00 am. This property is being sold “AS IS, WHERE IS” and said sale shall be subject to all prior superior liens, mortgages, easements, encumbrances, unpaid taxes and special assessments which were or became effective on the record prior to the lien of the judgment under which this sale is being held. The sale shall be held open for ten (10) days for the filing of upset bids as required by law. The Real Property being sold BOOK 0398 PAGE 0694 PIN NO: 494760301009 PIN NO: 494760301011 BEING ALL OF LOT NO 72 AND 73 IN A SUBDIVISION KNOW AS WRIGHTSBORO, ACCORDING TO A PLAT OF SAME DULY RECORDED IN FLAT BOOK 8 PAGE 109, HOKE COUNTY REGISTRY, NORTH CAROLINA. Both lots will be sold on January 23, 2015. SHERIFF HURBERT A. PETERKIN 44-45C CREDITOR’S NOTICE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Before The Clerk COUNTY OF HOKE IN THE MATTER OF WILMA D. DIAL 14 E 172 All persons, firms and corporations having claims against Wilma D. Dial, deceased, are hereby notified to exhibit them Annie S. Locklear, Administratrix CTA, of the estate of the decedent at January 7, 2015 NOTICE OF FORECLOSURE SALE 13 SP 272 NORTH CAROLINA, HOKE COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by PatrickA. Holivay a/k/a Patrick A. Holivay, II and Veronica Holivay to William R. Echols, Trustee(s), which was dated September 10, 2010 and recorded on September 13, 2010 in Book 00913 at Page 1016, 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 January 13, 2015 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 3 in a Subdivision known as Country Walk, Phase 1-A, according to a plat of same being duly recorded in slide 341, Map 005, Hoke County Registry, North Carolina. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 7020 Rockfish Road, Raeford, NC 28376. 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. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. 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 Patrick A. Holivay a/k/a Patrick A. Holivay, II and Veronica Holivay. 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 NOTICE We would like to inform our Northwest Water Supply members that there will be an annual members’ meeting on Tuesday, January 20, 2015 at the Hoke County Public Library at 6 p.m. A member is considered all homeowners in the community. If you are a tenant, you are not a member. Landlords and homeowners - if you are unable to come to the meeting, you may send someone as your proxy with a written letter giving them permission to vote on your behalf. Mr. Arthur Kemp will be retiring as a board member this year; therefore, his seat will be available as well as another seat on the board of directors. Elections will be held if you would like to become a part of the board of directors. Please come out and make your voice heard. We are looking forward to seeing each and every one of you at the meeting. 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.: 13-17739-FC02 43-44C 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.: 14-18590-FC01 43-44C NOTICE OF FORECLOSURE SALE 14 SP 247 NORTH CAROLINA, HOKE COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Jacob A. Dube to Trustee Services of Carolina, LLC, Trustee(s), which was dated December 19, 2007 and recorded on December 27, 2007 in Book 00789 at Page 0798, 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 January 13, 2015 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 32 in a subdivision known as WINDWARD OAKS, SECTION 3, and the same being duly recorded in Plat Cabinet 2, Slide 2-73, Map 2, Hoke County Registry, North Carolina. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 130 Bayou Court, Raeford, NC 28376. 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. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. 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 Jacob Andrew Dube. 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 AMENDED NOTICE OF FORECLOSURE SALE 12 SP 245 NORTH CAROLINA, HOKE COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Michal Durkot and Shirley A. Durkot to Amy Mandart, Trustee(s), which was dated July 26, 2000 and recorded on July 27, 2000 in Book 0447 at Page 0238, 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 January 13, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Hoke County, North Carolina, to wit: A certain tract or parcel of land in McLaughlin Township, Hoke County, North Carolina, situated about nine miles east of Raeford, NC, and about one mile south of the community of Rockfish, fronting on the east side of Swift Creek Road, a 60-foot wide unpaved private road, about 2400 feet west of its intersection with State Road No. 1406, Rockfish Road, adjoining the lands of George Beadles on the East, Charles K. Walden on the south, Margaret T. Huske, Raymond Cables and James Lee Ivory on the west, and by Curtis Harper and Charles Bruce Williams, III, on the northwest, being _further described as follows:__Beginning at an iron pipe pump strainer by an iron pipe in a north right of way line of a 60foot access easement described in Deed Book 208, Page 413, Hoke County Registry, said iron pipe being the easternmost corner of the Charles Bruce Williams, III, Tract No. I described in deed Book 242, Page 385, said pump pipe also being the northwest corner of the George Beadles tract described in Deed Book 192, Page 397, as shown and recorded as a reserved lot, Property of R. C. Chance et al, Slide No. 100, Map Book 5, Page 2, said pump pipe also being the northeast and beginning corner of the Margaret T. Huske 100 acre tract, of which this is a part, described in Deed Book 137, Page 232 and Deed Book 106, Page 60; running thence from the beginning, crossing said 60-foot access easement, and as the east line of the original tract, a common line with Beadles(Deed Book 192, Page 397), South 05 degrees 11 minutes 12 seconds West 70.00 feet to an iron rod in a southeast right of way of said 60-foot easement; thence as a common line with Beadles (Deed Book 192, Page 397), South 05 degrees 11 minutes 12 seconds West 1135.30 feet to an iron rod on the south side of a pond, said iron being in the west line of Beadles (Deed Book 192, Page 397) and being the northeast corner of George Beadles (Deed Book 200, Page 181); running thence as a common line with Beadles (Deed Book 200, Page 181), North 79 degrees 14 minutes 40 seconds West 40.44 feet to an iron rod, the northwest corner of Beadles (Deed Book 200, Page 181) and in an east line of Charles K. Walden (Deed Book 214, Page 072); thence as a common line with Walden, North 05 degrees 10 minutes 55 seconds East 3.49 feet to an iron pipe at the edge of a pond; thence continuing North 05 degrees 10 minutes 55 seconds East 41.45 feet to a point in a pond, a common corner with Walden; thence as a common line with Walden, South 57 degrees 40 minutes 29 seconds West 391.16 feet to a flat iron, a common corner with Walden, said flat iron being in a northeast right of way line of a 60-foot access easement described in Deed Book 214, Page 072, and being at the point of curvature; thence as the northeast right of way line of said easement as it curves tothe right in a northerly direction said curve making a radius of 125.81 feet, an arc length of 126.57 feet and with a chord that runs, North 28 degrees 14 minutes 03 seconds West 121.30 feet to a flat iron at the point of tangency; thence continuing as the east right of way line of said easement, North 01 degree 31 minutes 44 seconds West 60.00 feet to a flat iron in said right of way, said iron being a southwest corner of James Lee Ivory (Deed Book 262, Page 499); thence as a common line with Ivory, North 88 degrees 28 minutes 46 seconds East 30.09 feet to an iron pipe; thence as a common line with Ivory, South 19 degrees 32 minutes37 seconds East 34.96 feet to a rebar; thence as a common line with Ivory as said line runs in a pond, North 65 degrees 57 minutes 23 seconds East 209.78 feet to a point in said pond, a common corner with Ivory; thence as a common line with Ivory, North 22 degrees 52 minutes 31 seconds West 30.30 feet to an iron pipe on the north side of said pond; thence continuing as a common line with Ivory, North 22 degrees 52 minutes 31 seconds West 586.78 feet to an iron pipe in an east right of way line of a 60 foot wide easement described in Deed Book 208, Page 413, said iron pipe being the north corner of James Lee Ivory; thence as the east right of way line of said 60-foot easement as it curves to the left in a southerly direction, said curve having a radius of 276.06 feet, an arc length of 151.95 feet and with a chord that runs South 04 degrees 46 minutes 18 seconds West 150.10 feet to a point of tangency; thence as the right of way of said easement South 11 degrees 02 minutes 34 seconds East 57.26 feet to a point of curvature; thence as a curve to the right in a southerly direction said curve having a radius of 560.57 feet, an arc of 163.59 feet and with a chord that runs South 02 degrees 41 minutes 34 seconds East 163.01 feet to a point of reverse curve; thence as a curve to the left in a southerly direction, said curve having a radius of 461.88 feet, an arc of 57.51 feet and with a chord that runs South 02 degrees 04 minutes 28 seconds West 57.48 feet to a point in the east right of way of said 60-foot easement; thence crossing said easement South 88 degrees 30 minutes 26 seconds West 60.00 feet to a flat iron in the west right of way line of said easement, said flat iron being the southeast corner of Raymond Cables (Deed Book 212, Page 847); thence as the west right of way line of said 60-foot easement as it curves to the right in a northerly direction, said curve having a radius of 521.88 feet, an arc length of 65.01 feet and with a chord that runs North 02 degrees 04 minutes 33 seconds East 64.97 feet to a flat iron at a point of reverse curve; thence as said curve to the left in a northerly direction, said curve having a radius of 500.57 feet, an arc length of 146.04 feet and with a chord that runs North 02 degrees 41 minutes 25 seconds West 145.52 feet toa flat iron at a point of tangency; thence North 11 degrees 02 minutes 34 seconds West 57.26 feet to a flat iron at a point of curvature; thence as a curve to the right in a northeast direction, said curve having a radius of 336.06 feet, an arc length of 233.08 feet and with a chord that runs North 08 degrees 47 minutes 34 seconds East 228.41 feet to a flat iron at a point of compound curve; thence as said curve to the right in a northeast direction, said curve having a radius of 546.14 feet, an arc length of 171.52 feet and a chord that runs North 37 degrees 38 minutes 53 seconds East 170.81 feet to a flat iron at a point of compound curve, said iron also being the northeast corner of the aforementioned Raymond Cables tract and the south corner of Curtis Harper (Deed Book 276, Page 583); thence continuing as the northwest right of way of said 60-foot wide easement as it curves to the right in a northeast direction, said curve having a radius of 2769.70 feet, an arc length of 296.60 feet and with a chord that runs North 49 degrees 43 minutes 11 seconds East 296.45 feet to an iron at the point of tangency; thence North 52 degrees 45 minutes 51 seconds East crossing an ironat 3.03 feet, a total distance of 297.57 feet to a flat iron; thence South 72 degrees 30 minutes 42 seconds East 10.20 feet to the point of beginning, containing 10.34 acres as surveyed by Leland D. Strother, RLS L-2768 on September 5, 1991, and being a portion of the John Huske, Jr., and Margaret T. Huske lands described in Deed Book 137, Page 232, and Deed Book106, Page 60, in the Hoke County Registry. _This property is subject to access easements described in deed to Michal Durkot and wife, Shirley A. Durkot, recorded in Book 286, Page 812, Hoke County Registry. _ Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 703 Swift Creek Road, Raeford, NC 28376. 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. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. 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 All Lawful Heirs of Michal Durkot. 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.: 12-14974-FC02 43-44C
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