North Carolina Newspapers

November 12,2003 THE NEWS-JOURNAL Riefoii'd, N.C. SB Legal Advertising NOTICE OF FORECLOSURE SALE Under and by virtue of the power of siile contained in a certain Deed of Trust made by Artis G. McLean and Early Mae McLean (Present Record Owner(s): Artis G. McLean and Early Mae McLean) to Doug Dixon, Trustee{s), dated the 20th day of March, 2()(K), recorded in Book 0440, Page 0619, floke 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, Thomas 11. Clements, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Of fice of the Register of Deeds of 1 loke C'ounty, North Carolina, and the holder of the note evidencing such indebted ness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee, 'Ihomas II, Clements having attended a hearing and receiving an order to proceed signed by the (Asst.) Clerk of the Superior Court, will offer for sale at the Courthouse Door, in the City of Raeford Hoke County, North Caro lina at I:()()P.M.,November21,2003 and will sell to the highest bidder for cash the following real estate, situate in 'Township, Hoke County, North (’arolina. and being more particularly described as follows: All that certain property situated in Raeford in the county of Hoke, and state of North Carolina and being described in a deed dated 03/18/74 and recorded 04/19/74, among the land records of the county and state set forth above, and referenced as follows: Book 179 Page 111 Lying and being about 3 miles northeast of Antioch Church about 21/2 miles southwest of Dundarrach and on the east side of N.C. secondary road no. 1450. Bounded on the west by said road, on all other side by other landsof Henry Dial and more particu larly described as follows, to-wit: Beginning at an iron stake in the east ern right-of-way (30 feet from center) of S.R. 1450, said iron stake being loeated S. 16-16 E 75 feet from where the original line of the tract of which this is a part intersects the eastern right of way of S.R. 1450, and runs thence N 76-25 E 204.6 feet to an iron stake; thence S 13-35 E I (K) feet to an iron stake; thence S 76-25 W 200 feet to an iron stake in the eastern right of w ay of S.R. 1450, thence as the curve of said right of way, the cord of which is N 16-16 W l(K) feet to the point of beginning, containing 20.180 square feet and being a portion of the lands described i n book 161, page 610,1 loke County pubi ic registry, according to a survey by W.R. McDuffie, R.S., on December 20, 1973. Including any dwelling located thereon; said property being located 1251 McPhaul Road Shannon, North Carolina 28386. 'This sale is made subject to all taxes, prior liens and encumbrances of record against the said property, and any recorded releases. Adeposit incertified funds or cash will be required at the time ot sale. $750.00 or 5% of amount of bid for deposit-whichever is greater. 'This 31st day of October 2003. Thomas H. Clements, Substitute Trustee David B. Craig Attorney at Law P.O. Box 1180 Fayetteville, NC 28302 (910)483-0131 32-33C public' auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 3:00 PM on Tuesday, November 18, 2003 the following described real es tate and any other improvements which may be situated thereon, situ ated in 1 loke County, North Carolina, and being more particularly described as follows: BEING all of Lot 53, McDougald Downs, Section One, according to Plat Slide 234, Maps 1 & 2, I loke County Registry. 'This conveyance is made subject to restrictive covenants, easements and right-of-way of record. And Beingmorecommonly known as: 403 Dunrobin Drive Raeford, NC 28376 'The record owner(s) of the prop erty, as reflected on the records of the Register of Deeds, is/are Derrick li. Braddy and Rebecca R. Braddy. The property to be offered pursu ant to this notice of sale is being offered for sale, transfer and convey ance'AS IS, WH ERE 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 rep resentative of either Trustee or the holder of the note make any represen tation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being of fered for sale, and any and all respon sibilities or liabilities arising out of or in any way relating to any such condi tion 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, for paying, if any. A deposit of five percent (5%) of the amount of the bid or seven hun dred fifty dollars ($750.00), which ever 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. The date of this Notice is Novem ber 5, 2003. El.IZABETH B. ELLS OR DAVID W. NEILL Substitute 'Trustee 8520 Cliff Cameron Drive, Suite 300 Charlotte, NC 28269 (704)333-8107 02-41435 32-33C NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKF; COUNTY 02SP266 IN THE MA'TTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DERRICK E. BRADDY AND REBECCA R. BRADDY DA TED OCTOBER 4, 2000 AND RECORDED IN BOOK 451 AT PAGE 859 IN THE HOKE COUNTY PUBLIC REGISTRY, NOR TH CAROLINA Pursuant to an order ot the C lerkot Superior Court and under and by vir tue of the power and authority con tained in the above-reterenced deed of trust and because ot detault in the payment of the indebtedness thereby secured and tailure to carry out and perform the stipulation and agree ments therein contained and, pursu ant to demand of the owner and holder of the indebtedness secured by said deed of trust, the undersigned substi tute trustee will expose for sale at NOTICE OF SALE IN THE GENERAL COURT OF JUS TICE OF NORTH CAROI IN A SUPERIOR COURT DIVISION HOKE COUNTY ()2SP2I4 IN THE MATTER OF 'THE FORE-CLOSURE OF A DEl-D OF TRUST EXECUTED BY DEBORAH 'T. MCMILLIAN EVANS AND MELVIN EVANS DATED JANUARY 4, 2001 AND RECORDED IN BOOK 458 AT PAGE 298 IN T1 IE I lOKECOUN'TY PUBLIC REGISTRY, NORTH CAROLINA Pursuant to an order of the Clerk of Superior Court and under and by vir tue of the power and authority con tained in the above-referenced deed of trust and because of default in the payment of the indebtedness thereby secured and failure to carry out and perform the stipulation and agree ments therein contained and, pursu ant to demand of the owner and holder of the indebtedness secured by said deed of trust, the undersigned substi tute 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 12:00 PM on Tuesday, November 25, 2003 the following described real es tate and any other improvements which may be situated thereon, situ ated in Hoke County, North Carolina, and being more particularly described as follows: Being a'portion of Lot 25, Forest Creek, Seetion II, as shown, located and described upon a map which is recorded in Map Book 8, Page 26, Hoke County Registry, and lying on the East side of Lemont Drive, and Beiiinning at an iron stake in the East ernmost right-of-way line ot Lemont Drive, which said iron stake marks the Northwesternmost corner of Lot 25, Forest Creek, Section 11, and which iron is lor-alcd South 80 decrees 17 m i nutes 30 seconds E:ist 30.61 feet from an iron stake in the eenter of Iwmont Drive, whieh said iron stake in the center of Lemont Drive is lo eated South 10 degrees 29 minutes 30 seconds liast 1,193.78 feeet from a point which marks the intersection of the center line of Lemont Drive and the intersection of State Road 1203 (Turnpike Road), and runs thence, from the said point and place of be ginning as and with the Northernmost line of Lot 25 South 80 degrees 17 minutes 30 seconds East 238.54 feet to a new iron pipe also loeated on the Northern lineofLot 25;'Thenee South 2 degrees 35 minutes 30seconds west 187.94 feet to an iron stake in the dividing line between Lots 24 and 25; Thence as and with the Northernmost line of F,ot24, North 87 degrees 16 minutes 00 seconds West 236.70 feet to an iron stake in the Easternmost right-of-way line of Lemont Drive, a common corner of Lots 24 and 25; thence :is and with the easternmost line of Ix'mont Drive, North 2 de grees 35 minutes 30 seconds East 216.92 feet to the point ;ind place of BEGINNING, and containing I.IO acres, more or less. The tract or parcel of land de scribed above is a portion of Lot 25, F'orest Creek, Section II, which was conveyed to Barbara Ann McMiIlian, by deed dated April 25.2000, from Aline McPhaul Wright, Widow, which deed is recorded in Book 0442, Page 0263, Hoke County Registry, reference to the same being hereby made for a description of greater cer tainty. And Beingmorecommonly known as; 347 Lemont Drive Raeford, NC 28376 The record owner(s) of the prop erty, as retleeted on the records of the Register of Deeds, is/are Deborah T. McMillian Evans and Melvin Evans. The property to be offered pursu ant to this notice of sale is being offered for sale, transfer and convey ance "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, (jirectors, attorneys, employees, agents or authorized rep resentative of either Trustee or the holder of the note make any represen tation or warranty relating to the title orany physical, environmental, healtit or safety conditions existing in, on, at or relating to the property being of fered for sale, and any and all respon sibilities or liabilities arising out of or in any way relating to any such condi tion 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, for paying, if iiny. A deposit of five percent (59f )of the amount of the bid or seven hun dred fifty dollars ($750.00), which ever 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. The date of this Notice is Novem ber 12, 2003. ELIZABE TH B. ELI S OR DAVID W. NEILL Substitute Trustee 8520 Cliff Cameron Drive, Suite 300 Charlotte, NC 28269 (704) 33.3-8107 02-38225 33-34C 2003 and will sell to the highest bid der for cash the following real estate situate in the County of Hoke, North Carol inti, jind being more particularly described as follows: BEING all of Lot No. 129 in a Subdivision known as MCDOUGALD DOW NS, SECTION 'THRIili, Map of the same duly re corded on Slide 298, Map 4 of the I loke C'ounty Registry, North C'aro- lina. 'Together with improvements located thereon; said property being located at 416 McDotigal Drive, Riieford, North C'arolina. Should the property be purchased by a third party, that person must pay the tax of F'orty-Eive C'ents ($0.45) per One Hundred Dollars ($100.00) required by NCGSt7A-.308(a)(l). 'The property to be offered pursu ant to this notice of sale is being offered for sale, transfer and convey ance "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 rep resentative of either the Trustee or the holderof the note make any represen tation or warranty relating to the title orany physical, environmental, health or safety conditions existing in, on, at or relating trr the property being of fered for sale, and tiny tuid all respon sibilities or liabilitiesiirisingoutof or in any way relating to any such condi tion 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. A cash deposit or cashier’s check (no personal checks) of five percent (5^5^) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale. This 3rd day of November, 2(M)3. H. TERRY HUTCHENS, PA SUBSTITUTE TRUSTEE BY: 11. Terry Hutchens, Esquire President H. Terry Hutchens, PA Substitute Trustee P.O. Box 1028 4200 Morganton Road, Suite 103 Fayetteville, North Carolina 28302 Cak' No: 430.64963 .33-.34C AMENDED NOTICE OF FORECLOSURE SALE 03 SP 128 Under and by virtue of the power of .sale contained in a certain Deed of Trust made by Kristina L. Shivers to CTC Foreclosure Services Corpora tion, Trustee(s), dated the 16th day of June, 1998, and recorded in Book 0394, Page 0445, Hoke County Reg istry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, 11. Terry Hutchens, PA havingbeen substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Of fice of the Register of Deeds of 1 loke Cou nty. North Carol i na and the holder of the note evidencing said indebted ness 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 Caro lina ;it 3'(M) PM on NovembiT "74 NOTICE OF FORECLOSURE SALE STATE OF NORTH CAROLINA COUNTY OF,HOKE FlLE#()3-SP-226 PURSUANT to the power of sale contained in a certain Deed of Trust executed by Jack Christopher Huff, Single, to Robert C. Cochran, Trustee for United States Department of Ag riculture, recorded in Book 387 at Page 139,1 loke County Registry, and pursuant to the authority vested in the undersigned as Substitute Trustee by a written instrument dated September 3, 2003, and recorded in the Hoke County Registry, default having been made in the payment of the indebted ness thereby secured and the said Deed of Trust being by the terms thereof subject to foreclosure, and the holder of the indebtedness thereby secured having demanded a foreclosure thereof for the purpose of satisfying said indebtedness, the Clerk of Supe rior Court of Hoke County having authorized this foreclosure, the un dersigned Substitute Trustee will of fer for sale at public auction to the highest bidder for cash at the Court house door in Raeford, North Caro lina, at 11:00 a.m., on Thursday, No vember 20, 2003, the land conveyed in said Deed of Trust, the same being more particularly described as fol lows: A certain tract or parcel of land in OuewhiftJe Township, Hoke County, North Carolina, situated about 11.5 miles Northwest of the center of Raeford, North Carolina, lying about 500 feet southwest of State Road No. 1227, Pickier Road, and about 400 feet west of State Road No. 1226, Strother Road, adjoining the lands of Donald G. Wood on the West, Aubrey S. Phillips on the North,Thomas Davis on the East and Norman Farnham on the East, being further described as follows: Beginning at an iron pipe in the east line of the Donald G. Wood tract described in Deed Book 246, Page 344 in the Hoke County Registry and being located S. 04 degrees 10' 20" W 300.00 feet from the Northeast corner of said Wood tract, said iron pipe also being the Southwest corner of the Aubrev S. Phillips tract described in Deed Book 236, at Page033; running thence from the beginning as a com mon line with Aubrey S. Phillips, S 84 degrees 09' E 342.00 feet to an iron rod in an old woods road, said iron bei ng t he Sout heast corner of Ph i 11 ips and in a west line of the Thomas Davis tract described in Deed [3ook 189, at P:ige 249; thence as a common line with Davis, S 04 degrees 10' 20" W 456.28 feet crossing a small branch to an iron pipe, the Northwest corner of the Norman Farnham tract de scribed in Deed Book 254, Page 220; thence continuing S 04 degrees 10' 20" W as a common line with Farnham, 351.47 feet to the run of Martin Branch; thence down the run of Martin Branch as it generally fol lows the following seven (7) calls; N 22 degrees 44' 40" W 40.33 feel; N 36 degrees 28’ 40" W 54.50 feet; N 57 degrees 47' 40" W 98.21 feet; N 39 degrees 56' 40" W 50.41 feet; N 66 degrees 09' 40" W 81.25 feet; N 20 degrees 58’ 40" W 92.51 feet; N 54 degrees 40' 40" W 58.99 feet to a point in the run of Martin Branch; the Southeast corner of the aforemen tioned Donald G. Wood tract; thence as a common line with Wood, N 04 degrees I O' 20" E. 43.95 feet to an iron pipe on line in the north edge of a swamp; thence continuing as a com mon I i ne w it h Wood, N 04 degrees I O' 20" E 472.55 feet to the point of BEGINNING,containing5.l7acres, more or less. 30 fcxrt Access Also conveyed with the above de- .scribed 5.17 acre tract is a thirty (30) foot wide access easement to be used for ingress and egress to State Road No. 1227, said easement lying 30 feet west of and adjacent to the following described line: BEGINNINGatan iron inthe south right of way line of State Road No. 1227, said iron being the Northwest corner of the Aubrey S. Phillips tract described in Deed I3ook 236, Page 033; thence asthe west lineof Phillips, S 04 degrees 1 O' 20" W 485.90 feet to an iron pipe in the Phillips line, said iron being the Northeast corner of the Donald G. Wood tract described in Deed Book 248, Page 344, and being the end of the easement. ,, The RECORD OWNER of the above described real property as of the date not more than ten (10) days prior to the date of this notice is: Jack Christopher Huff TERMS OF SALE: 1. This sale is made subject to all prior liens, encumbrances, taxes, as sessments, restrictions and easements of record. 2. A deposit of five (5%) percent of the purchase price, or Seven Hundred Fifty Dollars and No/100 ($750.00), whichever is greater, may be required of the successful bidder, in the discre tion of the Trustee, immediately upon completion of the sale. 3. Thesuccessful bidder isrequired to pay the entire balance of the pur chase price by cash or certified check upon tender of deed for the property in him by the Trustee. 4. This sale will remain open for ten (10) days for upset bids in accor dance with North Carolina General Statures. DATED: October 3,2003 T. SCOTT SESSIONS SUBSTITUTE TRUSTEE THE MCGOUGAN LAW FIRM A TTORNEYS AT LAW 130 JEFFERSON STREET WHITEVILLE, N.C. 28472 TELEPHONE: 910-640-1485 FACSIMILE: 910-640-3132 33-34C CREDITOR’S NOTICE STATE OF NORTH CAROLINA HOKE COUNTY THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 03-E-177 Having qualified as ADMINIS TRATRIX of the ESTATE of GRE GORY SCOTT GARNER, HOKE COUNTY, NORTH CAROLINA, this is to notify all persons having claims against the said ESTATE to present them to the undersigned on or before February 13, 2004 or this no tice will be placed in bar of their recovery. All persons indebted to said ES TATE, will please make immediate payment to the undersigned. This the 12th day of November, 2003. BETTY GARNER 6120ASHEMONT RD. ABERDEEN, N.C. 28315 33-.36P NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF REAL ESTATE UNDER AND BY VIRTUE OF the power and authority contained in that certain Deed of Trust executed and delivered by Mable S. Thomp son, dated the 7th day of October, 1998, and recorded in the Office of the Register of Deeds for Hoke County, North Carolina, in Book 403 at Page 302 and because of default in the payment of the indebtedness thereby secured and failure to carry out and perform the stipulations and agreements therein contained and, pursuant to demand of the owner and holder of the i ndebtedness secured by said Deed of Trust, the undersigned Substitute T rustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the County Courthouse of Hoke County, in the City of Raeford, North Carolina, at 1:00 o’clock on the 25th day of November, 2(X)3, all that cer tain parcel of land, more particularly described as follows: IMPROVEMENTS: House and Lot/Condominium/or Lot. ADDRESS OF PROPERTY: 475 Doc Brown Road, Raeford, NC 28376 LEGALDESCRIPTION: BEGIN NING at an iron stake in the western right of way of State Road No. 1302, said stake being 30 feet from the centerline of the road, and said stake being also located 286 feet N 19° 00' E from the Southeast corner of the Chaffie Steele tract described in Book 83, at Page 93, Hoke County Regis try, and runs N 8 T 40' W 208.6 feet to an iron stake in a field; thence N 19° 40' E 210.0 feet to an iron stake in the field; thence S 81° 35' E 208.6 feet to an iron stake in the right of way of the State Road No. 1302; thence with the right of way S 20° 40' W 85 feet to an iron stake; thence S 19° 00' W 125 feet to the BEGINNING, containing one acre and being part of those two tracts of land described in Book 83, at Page 93, and Book 82, at Page 385, Hoke County Registry. PRESENT RECORD OWNERS as reflected on the records of the Reg ister of Deeds not more than 10 days prior to posting the notice are Mable S. Thompson and Spouse, if any Should the property be purchased by a third party, that person must pay the tax of forty-five (45) cents per One Hundred Dollars ($100.00) re quired by NCGS 7A-308(aKi). This sale is also subject to any applicable county and/or state land transfer and/ or revenue tax, and the successful third party bidder shall be required to make payment for such tax. The property to be offered pursu ant to this notice of sale is being offered for sale, transfer and convey ance “AS IS, WHERE IS”. Neither the Trustee nor the holder of the note secured by the Deed of Trust/Security Instrument, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized rep resentative of either Trustee of the holderof the note make any represen tation or warranty relating to the title orany physical, environmental, health or safety conditions existing in, on, at, or relating to the property being of fered for sale, and any and all respon sibilities or liabilities arising out of or in any way relating to any such condi tion expressly are disclaimed. The terms of the sale are that the real property hereinabove described will be sold for cash to the highest bidder and that the undersigned will require the successful bidder at the sale to immediately deposit cash or certified check in the amount of the greater of five percent (5%) of the amount of the bid or seven hundred and fifty dollars ($750.00). 'The real property hereinabove described will be sold subject to any unpaid taxes, prior encumbrances, if any, and spe cial assessments. The sale will be held open for ten (10) days for upset bids as by law required. Following the expiration of the statutor upset period, all remain ing amounts are due immediately. This the 4th day of November, 2003. Ronald H. Davis or David R. Caudle Substitute Trustee 03-SP-224 33-34C LEGAL DEAmiNfe NOON