C4 The Courier-Times, Roxboro, N.C. Wednesday, June 29, 2011
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LEGALS
11-SP-86
NOTICE OF SUBSTITUTE
TRUSTEE’S FORECLOSURE SALE
OF REAL PROPERTY
UNDER AND BY VIRTUE of the
power and authority contained in that
certain Deed of Trust executed and
delivered by Douglas M. Mattingly
and wife, Desiree Mattingly, dated
April 26, 2007 and recorded on May
1,2007, in Book 632 at Page 572, in
the Office of the Register of Deeds of
Person County, North Carolina; and
because of default in the payment
of the indebtedness secured thereby
and failure to carry out and perform
the stipulations and agreements
contained therein and, pursuant
to demand of the holder of the
indebtedness secured by said Deed
of Trust, the undersigned Substitute
Trustee will place for sale, at public
auction, to the highest bidder tor cash
at the usual place of sale at Person
County Courthouse, in Roxboro,
North Carolina, on Thursday, July 14,
2011 at 10:00 AM that parcel of land,
including improvements thereon,
situated, lying and being in the City of
Timberlake, County of Person, State
of North Carolina, and being more
particular described as follows:
BEING ALL OF WHAT IS
SHOWN AND DESIGNATED AS
LOT 18, CONTAINING 0.92 ACRE,
AS SHOWN ON THAT PLAT OF
SURVEY ENTITLED “REVISION
PLAT, PHASE 1, TIMBERLAKE
MEADOWS SUBDIVISION”,
SURVEYED BY JIM MORROW,
PLS, DATED DECEMBER 3,
2004 AND OF RECORD IN PLAT
CABINET 13, HANG 860, PERSON
COUNTY REGISTRY, WHICH
PLAT IS HEREBY SPECIFICALLY
INCORPORATED BY REFERENCE
HEREINFORGREATERCERTAINTY
OF DESCRIPTION.
ALSO HEREBY CONVEYED, AS
APPURTENANT TO AND RUNNING
WITH THE ABOVE DESCRIBED
PROPERTY, IS A PERPETUAL
AND NONEXCLUSIVE RIGHT OF
EASEMENT FOR THE USE OF THE
DEVELOPMENT ROADS SHOWN
ON THE ABOVE REFERENCED
PLAT OF SURVEY FOR PURPOSES
OF ACCESS TO AND FROM
SECONDARY ROAD 1715.
Address of Property: 103 Derwin
Drive, Timberlake, NC 27583
Present Record Owner:
Desiree Mattingly and Douglas M.
Mattingly
The terms of the sale are that the
real property hereinbefore described
will be sold for cash to the highest
bidder. The Substitute Trustee
reserves the right to require a cash
deposit or a certified check not to
exceed the greater of five percent
(5%) of the amount of the bid or
seven hundred fifty Dollars ($750.00).
In the event that the holder is exempt
from paying the same, the successful
bidder may also be required to pay
revenue stamps on the Trustee's
Deed, any Land Transfer Tax, and
the tax required by N.C.G.S. §7A-308
(a)(1).
The real property hereinabove
described is being offered for sale
“AS IS, WHERE IS” and will be sold
subject to all superior liens, unpaid
taxes, and special assessments.
Other conditions will be announced at
the sale. The sale will be held open
for ten (10) days for upset bids as by
law required.
If the Substitute 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
title include, but are not limited to,
the filing of a bankruptcy petition
prior to the sale and reinstatement
of the loan without knowledge of the
Substitute Trustee(s). If the validity of
the sale is challenged by any party,
the Substitute Trustee(s), in its/their
sole discretion, if it/they believe(s) the
challenge to have merit, may declare
the sale to be void and return the
deposit. The purchaser will have no
further remedy.
Additional Notice where the Real
Property is Residential with less that
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
termination.
Dated: June 24,2011
The Hunoval Law Firm PLLC,
Attorney for Poore Substitute
Trustee, LTD
Substitute Trustee
(704)334-7114
June 29 & July 6
NOTiCE OF
FORECLOSURE SALE
11 SP 80
Under and by virtue of the
power of sale contained in a certain
Deed of Trust made by Gaddis T.
James and Nancy Bradshaw James
(PRESENT RECORD OWNER(S):
Gaddis Timothy James) to Craig
A. Williamson, Trustee(s), dated
the 24th day of October, 2005, and
recorded in Book 562, Page 652,
in Person 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 Person 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 Roxboro, Person County,
North Carolina, or the customary
location designated for foreclosure
sales, at 11:30 AM on July 11, 2011
and will sell to the highest bidder for
cash the following real estate situated
in the Township of Roxboro, in the
County of Person, North Carolina,
and being more particularly described
as follows:
That tract or parcel of land lying
and being in Roxboro-Township
Person County, State of North
Carolina, and more fully described as
follows: Beginning at a stake in the
southern edge of Mountpelier Avenue,
said stake being the northwest corner
of land of Manley R. Hurley (Lot No.
1); thence with said southern edge of
Montpelier Avenue North 82 degrees
55’ 40" West 87 feet to a stake, corner
of land of T. Wilber Solomon; thence
South 7 degrees 04’ 20” West 145
feet to a stake; thence South 82
degrees 55’ 40” East 87 feet to a
stake, a corner of land of M.R. Hurley;
thence North 7 degrees 04’ 20” East
with the line of said Hurley land 145
feet to the point of beginning, being
Lot No. 2 of Madison Park. This is the
identical property conveyed to Henry
S. Gates and Graham L. Duncan
by Robert J. Arix and wife, Pauline
Arix, dated September 22, 1965,
and recorded in the Person County
Register in Deed Book 107, Page
171, Together with improvements
located thereon; said property being
located at 205 Montpellier Avenue,
Roxboro, 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 trusV
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 properly 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 properly 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 TO YOU PURSUANT TO
STATUTORY REQUIREMENT AND
FOR INFORMATIONAL PURPOSES
AND IS NOT INTENDED AS AN
ATTEMPT TO COLLECT A DEBT
OR AS AN ACT TO COLLECT,
ASSESS, OR RECOVER ALL OR
ANY PORTION OF THE DEBT
FROM YOU PERSONALLY.
This 20th day of June, 2011.
SUBSTITUTE TRUSTEE
SERVICES, INC.
SUBSTITUTE TRUSTEE
Attorney at Law
The Law Firm of Hutchens,
Senter & Britton, P.A.
Attorneys for Substitute Trustee
Services, inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteviiie, North Carolina 28311
https://saies.hsbfirm.com
Case No: 1054935
June 29 & July 6
BOARD OF ADJUSTMENT
PUBLIC HEARING NOTICE
The Person County Board of
Adjustment will hold a public hearing
on Wednesday, July 6, 2011 at 7:00
p.m. in Room 215 of the Person
County Office Building at 304 South
Morgan Street (please enter through
side door), Roxboro, North Carolina
to hear the following:
1. Request by Stephen Phillips for
a variance to the side yard setback in
order to build a single family dwelling
on Rainey Ridge Road (Tax Map A3
Parcel 46) Cunningham Township.
2. Request by Jerry Payne for a
variance to the side yard setback and
the one hundred foot minimum lot
width in order to build a single family
dwelling on Rainey Ridge Road (Tax
Map A3 Parcel 47), Cunningham
Township.
Citizens will have an opportunity
to speak regarding the above
requests.
Site-specific information is on file
with the Person County Planning and
Zoning Department, 325 S. Morgan
Street, Suite B.
This notice is published in
accordance with the Person County
Planning Ordinance on June 29,
2011.
Paula Murphy
Planning Director
June 29
NOTICE OF
FORECLOSURE SALE
11 SP77
Under and by virtue of the power
of sale contained in a certain Deed of
Trust made by David S. Belcher and
Lesley H. Belcher to Frances Jones,
Trustee(s), dated the 29th day of May,
2009, and recorded in Book 715,
Page 114, in Person 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 Person 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 Roxboro, Person County,
North Carolina, or the customary
location designated for foreclosure
sales, at 11:30 AM on July 11, 2011
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and will sell to the highest bidder for
cash the following real estate situated
in the Township of Roxboro, in the
County of Person, North Carolina,
and being more particularly described
as follows:
Lying in the City of Roxboro,
Roxboro Township, Person County,
North Carolina on the Southeast side
of Ridge Road, and being Lot No. 16
as shown on a plat entitled “SECTION
No. 1A WINDSOR Hills”, surveyed by
Moore, Gardner & Associates, Inc. in
March, 1964, which plat is recorded
in the Person County Registry in Plat
Book 5-A, at Page 88. Together with
improvements located thereon; said
property being located at 1252 Ridge
Road, Roxboro, 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.
THIS IS A COMMUNICATION
FROM A DEBT COLLECTOR.
THE PURPOSE OF THIS
COMMUNICATION IS TO COLLECT
A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE, except as stated
below in the instance of bankruptcy
protection.
iF YOU ARE UNDER
THE PROTECTiON OF THE
BANKRUPTCY COURT OR
HAVE BEEN DiSCHARGED AS
A RESULT OF A BANKRUPTCY
PROCEEDiNG, THIS NOTICE IS
GIVEN TO YOU PURSUANT TO
STATUTORY REQUIREMENT AND
FOR INFORMATIONAL PURPOSES
AND IS NOT INTENDED AS AN
AHEMPT TO COLLECT A DEBT
OR AS AN ACT TO COLLECT,
ASSESS, OR RECOVER ALL OR
ANY PORTION OF THE DEBT
FROM YOU PERSONALLY.
This 20th day of June, 2011,
SUBSTITUTE TRUSTEE
SERVICES, INC.
SUBSTITUTE TRUSTEE
Attorney at Law
The Law Firm of Hutchens,
Senter & Britton, P.A.
Attorneys for Substitute Trustee
Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
https://sales.hsbfirm.com
Case No: 1057008
June 29 & July 6
Thomas, if deceased, together with
all their creditors and lienholders
regardless of how or through whom
they claim, and any and all persons
claiming any interest in the Estate of
ANNA THOMAS, and in the Estate
of the SPOUSE, IF ANY of Anna
Thomas, if deceased, Defendant(s),
Tax Reference: Map A69 Parcel 111
To: ANNA THOMAS and
SPOUSE IF ANY of Anna Thomas,
all assignees, heirs at law, and
devisees of ANNA THOMAS and
of the SPOUSE IF ANY OF Anna
Thomas, if deceased, together with
all their creditors and lienholders
regardless of how or through whom
they claim, and any and all persons
claiming any interest in the Estate of
ANNA THOMAS and the Estate of
SPOUSE IF ANY OF Anna Thomas,
if deceased.
Take notice that a pleading
seeking relief against you has been
filed in the above-entitled action.
The nature of the relief being
sought is as follows: foreclosure sale
to satisfy unpaid property taxes on
your interest in the property described
as tax parcel number Map A69 Parcel
111, which is more completely
described in the Complaint. Plaintiff
seeks to extinguish any and all claim
or interest that you may have in the
property.
You are required to make defense
to such pleading not later than August
8, 2011 and upon your failure to do
so, the party seeking service against
you will apply to the Court for the
relief sought.
This the 27th day of June, 2011.
GEORGE B. DANIEL, PA.
John M. Thomas
Attorney for Plaintiff
P.O. Box 999
Yanceyville, NC 27379
(336) 694-4363
June 29, July 6 & 13
STATE OF NORTH CAROLINA
COUNTY OF PERSON
IN THE GENERAL COURT
OF JUSTICE
DISTRICT COURT DIVISION
FILE NO.:08CVD1044
NOTICE OF SERVICE
OF PROCESS BY
PUBLICATION
PERSON COUNTY, Plaintiff, vs.
MARTHA R. THOMAS, and SPOUSE,
IF ANY of Martha R, Thomas; ANNA
THOMAS, and SPOUSE, IF ANY of
Anna Thomas, all assignees, heirs at
law, and devisees of ANNA THOMAS
and of the SPOUSE, IF ANY of Anna
Wind Dow
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(Caswell, Durham, Granville, Orange & Halifax, VA)
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Senior Citizens 10% Discount
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