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FT ll le AR Bp = of land conveyed to Dennis Keith Bryant and wife Lisa Garris Bryant, tenants by the en- tirety from Doris E. Garris, single, by that deed dated 1- 18-95 and recorded 1-23-95 in Deed Book 1156, Page 2318 of the Cleve- land County, NC Public Registry. In the Trustee's sole discretion, the sale may be delayed for up to one (1) hour as provided in Sec- tion 45-21.23 of the North Carolina General Statutes. The record owner of the real .property not more -than ten days prior to the date hereof is An- drea Leslie Fite. A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be re- quired of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substi- tute Trustee shall convey title to the property by non- warranty deed. This sale will be made subject to all prior liens of record, if any, and to all un- paid (ad valorem) taxes and special as- sessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above- described property for a period of 120 days following the date when the final upset bid period has run. The pur- chaser of the prop- erty described above shall pay the ‘Clerk’s Commis- sions in the amount of $.45 per $100.00 of the purchase price (up to a maxi- mum amount of $500.00), required: by Section 7A 308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is some- one other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the ex- tent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price. To the extent this sale involves resi- dential property with less than fif- teen (15) rental units, you are hereby notified of the following: a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the, North Carolina General Statutes in favor of the pur- chaser and against the party or parties in possession by the portunity basis. All real estate advertising in this newspaper is sub- ject to the Federal Housing Act of 1968 which makes it illegal to advertise any preference, limita- tion, or discrimination based on race, color, religion, sex or national origin or an intention to make such preference, limitation or discrimination. This also in- cludes the 1988 amendment to the Civil Rights Act of 1968 which makes the following in effect: Famil- ial Status- this makes discrimination against fami- lies with children against the law in all housing covered by the Civil Rights Act of 1968. Handicap- Discrimination against persons because of a person residing in or intending to reside in a dwelling is pro- hibited. This newspaper will not knowingly accept any advertising for real estae which is in violationof tha law. Our readers are hereby informed that all dwellings that are advertised in this. newspaper are available on an equal op- er WA AAA A clerk of superior court of the county in which the prop- erty is sold; and b. Any per- son who occupies the property pur- suant to a rental agreement entered into or renewed on or after October 1, 2007, may, after re- ceiving the notice of sale, terminate the rental agreement upon 10 days” writ- ten notice to the landlord. Upon ter- mination of a rental agreement, the ten- ant is liable for rent due under the rental agreement prorated to the ef- fective date of the ‘termination. This 9th day of Sep- tember, 2008. POYNER & SPRUILL LLP James S. Livermon, III, Esq. N.C. Bar No. 26492 Attorneys for Spruillco, Ltd. 130 S. Franklin Street P.O. Box 353 Rocky Mount, NC 27802 «Telephone: (252) 972-7067 KMH3142 (1:21,28) AMENDED Notice of Foreclosure Sale NORTH CAR- OLINA 07-SP-645 FR# 200701292 Cleveland County Under . and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Kevin J. Mertz and Sharon B. Mertz to Jeffrey M. Ruben, Trustee(s), dated January 10, 2004, and recorded Feb- ruary 10, 2004, in Book 1404, on Page 224, Cleveland County Public Reg- istry and a Modifi- cation Agreement Dated 04/19/2005, Recorded 12/15/2005, as In- strument No. Book 1472, Page 1851, the undersigned Substi- tute Trustee de- ER Tr EET The Kings Mountain Herald Classified clares as follows: There is a default by the Owner or other person(s) owing an obligation, the per- formance of which is secured by said Deed of Trust, or by their successor in interest, with re- spect to provisions therein which au- thorize sale in the event of default of such provision; and the undersigned, on behalf of Frances S. White or John W. Fletcher III NC Bar # 15503, either one of whom may act, having been substi- tuted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Regis- ter of Deeds of Cleveland County, North Carolina, and the Owner and Holder of the Note evidencing said in- debtedness having directed that the Deed of Trust be foreclosed, the un- dersigned Substi- tute Trustees will offer for sale at the Courthouse door or other usual and cus- tomary location as designated by the Clerk's Office on February 4, 2009; at 11:00 am, and will sell to the highest bidder for cash the real property se- cured by the above- described Deed of Trust recorded Feb- ruary 10, 2004 in Book 1404, on Page 224, situated in Cleveland County, North Carolina, as more particularly described therein, which legal descrip- tion is made a part hereof and incorpo- rated herein by ref- erence as if fully set forth herein. Said property as shown on the above-de- scribed Deed of Trust is commonly known as 121 Plato Lee Road, Shelby, North Carolina service & business) %; DIRECTORY J week (13 week minimum) "SY cash, check or credit card. Credit te vt vty Acs 0 28150. To the best of the knowledge and belief of the under- signed, the current owner(s) of the property within 10 days of the posting of this notice is/are Kevin J. Mertz and Sharon B. Mertz. In the event the prop- erty which is the subject of this No- tice of Sale is resi- dential real property with less than fifteen (15) rental units, an order for possession of the property may be issued pursuant to N.C.G.S. 45-21.29 in favor of the pur- chaser and against the party or parties in possession by the Clerk of Superior Court. Any person who occupies the property pursuant to a rental agree- ment entered into or renewed on or after October 1, 2007, may, after re- ceiving the notice of sale, terminate the rental agreement upon ten (10) days’ notice to the land- lord. The tenant is liable for rent due under the rental agreement prorated to the effective date of termination. Third party pur- chasers must pay the excise tax, and the court costs of forty-five cents (45¢) per one hun- dred dollars ($100.00), up to a maximum of $500.00. A cash de- posit (cashier's check or certified funds, no personal checks) of five per- cent (5%) of the pur- chase price, or seven hundred fi dollars ($750.00), whichever is greater, will be re- quired at the time of the sale. Following the expiration of the statutory upset bid period, all of the re- maining amounts are immediately For as litle as $10 a you'll reach Over 28,250 Readers PAYMENTS Payments may be made by The Belmont Banner, Cherryville Eagle and Kings Mountain Herald are not responsible for errors in an advertisement if not corrected by the first week after the ad appears. These newspapers are not responsible or liable whatsoever for any claim made by an ad or for any of the services, products or opportunities offered by our advertisers. We do not endorse or promote the purchase or sale of any product, service, company or individual that chooses to advertise in these newspapers, and we reserve the right to refuse any/all advertising we deem inappropriate or unacceptable by our company standards. “It’s all taken care of...” MH ean + Funeral Directors ST SERVICES HOME IMPROVEMENT Belmont - 704-825-5301 |_ www.mcleanfuneral.com | Woodlawn Funeral Home 375 Woodlawn Ave. « Mt. Holly 704-820-0608 v Butch Phillips, Fred Eaker, Geraldine Eaker, James Lail Jessie Hugh Eaker EAKER ENTERPRISES, INC. CAR, CAMPER, AND BOAT COVERS CUSTOM CARPORT FABRICATION & SALES 1220 SHELBY HIGHWAY CHERRYVILLE, NC 28021 PHONE 704-435-9525 FAX 704-435-0950 HOME SERVICES Ye LEH] SS Affordable After All AAA ¢ U-Pay-Le$$ Appliance Service $10%° OFF Home Call with This Ad We service most major brands! 704.919.6135 * Bronze PET CARE Doug & Kathy Toomey www. parkyourbarklic.com kvathome @ hotmail.com & = Doggy Daycare PARK YOUR BARK 159 Sellars Rd., Kings Mountain Off Hwy. 216, between Kings Mtn. & Cherryville next to Midway Lakes H 704.734.1020 Dog Boarding By Getting Noticed In The Newspaper! Give us a call at 704-739-7496 to place your ad today! TT a —— RIVERHILY ——— MONUMENT, CO.— Honuments. of Datinetion A Family Tradition Since 1957 All Types of Cemetary Work * Granite + Marble Locally Owned & Operated by Ron & Cathy Ledbetter 1113 Polkville Rd. (Hwy 226 N.) Main Office & Plant 1615 W. Dixon Blvd. * Hwy 74 By-Pass- Display/Sales Office www. riverhillmonuments.com 704-481-1198 Help Out Your Business due Pe and owing. Should the foreclo- sure action be dis- missed or any portion have to be redone for any rea- son, the bid deposit will be returned to the third party bid- der and no other remedies will be as- sertable. The third party bidder acts upon their own risk if they expend any funds in favor of the foreclosed property prior to the receipt of a deed from the Substitute Trustee. Said sale will be made, but without covenant or war- ranty, expressed or implied, regarding title, possession, or encumbrances, to “pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as pro- vided in said note(s), advances, if any, under the terms of said Deed of Trust, fees, charges and ex- penses of the Trustee and of the trusts created by said Deed of Trust. There are no repre- sentations of war- ranty relating to the title or any physical, environmental, health or safety con- ditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, special assessments, and encumbrances of record. Dated: January 2, 2009 Frances S. White or John W. Fletcher III NC Bar # 15503, ei- ther one of whom may act, Substitute Trustee P.O. Box 30368 Charlotte, NC 28230-0368 (704) 909-5656 TAC: 818704N PUB: 1/22 1/29 KMH3143 qi STATE OF NORTH CAROLINA COUNTY OF CLEVELAND File: 08 SP 702 NOTICE OF SALE TAKE NOTICE THAT: Raintree Re- alty and Construc- tion, Inc., Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale con- tained in such Deed of Trust, and an Order entered by the Clerk of Supe- rior Court of the above County, will sell the below de- scribed property at public auction as follows: The instrument pursuant to which such sale will be held is that certain Deed of Trust exe- cuted by Harvest Building Group, Inc., original mort- gagors, and recorded in the Of- fice of the Cleve- County land Wednesday, January 28, 2009 ds Register of Deeds in Deed of Trust Book 1522, at Page 1275. The record owner of such property, as re- flected on the records of the Regis- ter of Deeds not more than ten (10) days prior to post- ing this Notice of Sale, if not the orig- inal mortgagors, is: N/A The property will be sold by the Sub- stitute Trustee at 1:00 p.m. on the 11th day of Febru- ary, 2009 at the courthouse door in the City of Shelby, North Carolina. The real property to be sold is generally described as Lot #3 Autumn ~~ Woods Drive, Kings Moun- tain, NC 28086 and described as fol- lows: Being all of Lot No. 3 of Autumn Woods East, Phase 1 as shown on a plat as recorded in Plat Book 29, Page 111 of the Cleveland County Registry and reference is hereby made to said plats for a full metes and bounds de- scription as if fully set out herein. TITLE REFER- ENCE: See Deed at Book 1469, Page 1977 of the Cleve- land County Reg- istry. The above property is subject to those restrictions of record as recorded in Book 1477, Page 2066 and Book 1501, Page 2343 of the Cleveland County Registry. Any property de- scribed in the Deed of Trust which is not being offered for sale is described as follows: n/a Any buildings lo- cated on the above- described property are also included in the sale. The property will be sold by the Sub- stitute Trustee to the highest bidder for CASH. The highest bidder will be re- quired to deposit IN CASH with the Substitute Trustee at the date and time of the sale the greater of five per- cent (5.0%) of the amount of the bid * or Seven Hundred Fifty and no/100 Dollars ($750.00). All bidders bid for the property AS IS on the date of sale. Absolutely no war- ranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain independent coun- sel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. New in town? Get acquainted with Kings Mountain and all it has to offer by ordering a subscription to the Kings Mountain Herald Where To Shop! Where To Dine! Community Happenings! Professional Services! «And more! The property will “be sold subject to all unpaid taxes and special assessments The property, being sold is all of that property described in the Deed of Trust except as specifi- cally set forth above. It is the in- tention to extin- guish any and all rights or interests in the property subor- dinate to the Deed of Trust. Additional Notice Where the Real Property is Residen- tial 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 pur- chaser and against the party or parties in possession by the Clerk of Superior Court of the County in which the prop- erty is sold. Any person who occu- pies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after re- ceiving the Notice of Sale, terminate the rental agree- ment upon 10 days’ written notice to the landlord. Upon ter- mination of a rental agreement, the ten- ant is liable for rent due under the rental agreement prorated to the ef- fective date of the termination. THIS the 13th day of January, 2009. Raintree Realty & Construction, Inc., A. Robert York, Substitute Trustee, PO Box 8942, Asheville, NC 28814. (828)253-9063. KMH3144 (1:28, 2,04) ee STATE OF NORTH CAROLINA GA S TO N COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION + FILE NO.: 09-E-86 EXECUTOR NO- TICE Having qualified on the 20th day of Jan- uary, 2009 as Ex- ecutrix of the Estate of LOUISE RAY SCHRUM de- ceased, late of Gas- ton County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against decedent to exhibit the same to the undersigned Brenda S. McNeely, Executrix on or be- fore the 23th day of April, 2009, or this notice will be pleaded in bar of their recover. All persons, firms and corporations in- debted to the estate should make imme- diate payment. This the 28th day of January, 2009. Brenda S. McNeely, Executrix 1729 Cherryville Hwy Cherryville, NC 28021 CALL 704-739-7496 To Order! B % 5 f ] i I 3
The Kings Mountain Herald (Kings Mountain, N.C.)
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Jan. 28, 2009, edition 1
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