Newspapers / The Kings Mountain Herald … / Jan. 28, 2009, edition 1 / Page 15
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sia rE eg x % 3 ¥ SEPA . Vy Ep VENI SII FS Ry re lief against you has been filed in the above entitled civil action. The nature of the re- lief being sought is as follows: (a) That this Court enter an Order re- forming the Deed of Trust by correcting the legal descrip- tion, with such Order being recorded in the Cleveland County Registry referencing the Deed of Trust at Book 1272, Page 1221, and having the corrected legal description read as follows: TRACT NO. 1: SIT- UATED ON' THE EAST SIDE OF DEAL STREET IN THE TOWN OF KINGS MOUN- TAIN, N.C. AND BEGINNING AT A STAKE IN EDGE LIAN’S PROPERTY AS WILL APPEAR ON A PLAT NOW ON RECORD IN THE REGISTER OF DEEDS. OFFICE FOR CLEVELAND COUNTY IN PLAT BOOK 1 AT PAGE 12, TRACT NO.2: SITUATED ON THE ' EAST SIDE OF DEAL STREET IN THE TOWN OF KINGS MOUNTAIN, N.C. BEGINNING AT AN IRON STAKE, AT A POINT IN THE EDGE OF SAID DEAL STREET SOUTH OF THE INTER- SECTION, AND RUNS THENCE ALONG AND WITH DEAL STREET NORTH 78 FEET TO THE IN- TERSECTION OF DEAL AND RIDGE STREETS; THENCE E R T Y, HERETOFORE EX- ECUTED BE- TWEEN THE PARTIES SEE BOOK 4-K AT PAGE 262. (b) That the Court declare that the Deed of Trust is a valid and enforce- able lien upon the Property described in both Warranty Deed No. 1 and Warranty Deed No. 2 with priority over all other lien and ownership interests from the original date of recording of the Deed of Trust, which was May 25, 2000 at 9:45 AM or, in the alternative, that the Court enter an Order declaring that Chase Bank holds an equitable lien upon the Prop- erty described in both Warranty Property described in both Warranty Deed No. 1 and Warranty Deed No. 2 pursuant to the terms of its Deed of Trust (or, in the al- ternative, its equi- ° table lien), assuming all con- tractual pre-requi- sites have been satisfied; (f) That the Court issue a judgment , declaring that such a foreclosure on the Property would be pursuant to the terms of this Deed of Trust and there- fore is a proper rem- edy; (g) That the Court issue a judgment declaring that the Plaintiff is entitled to proceed with the aforesaid foreclo- sure once the origi- nal Deed of Trust is reformed; final bid; (k) That after the ju- dicial foreclosure has been finalized and completed pur- suant to North Car- olina law, that the Court issue an order allowing for the highest bidder at the foreclosure sale to apply for a Writ of Possession and after said appli- cation has been filed and the statu- tory ten day period has elapsed, that a Writ of Possession be granted to the highest bidder at the foreclosure sale and such other and further relief as the Court. You are re- quired to make de- fense to such pleading not later than forty (40) days from the first date of publication of this notice, January feel any of this could mbe you property, you have thirty (30) days from the date of this publication to file claim with the Kings Mountain Po- lice Department. You will need to have proper identi- fication to make such claim. (1)Set of Bodywave Rollers, (1)Curling Iron, (3)Chain Saws, (6)Assorted Movies: Scooby Doo,Stuart Little, Monster's Inc., (1)Female Watch, (1)Compact Disc Radio, (1) DVD/CD Player,(1)CD Player,(1)Drill and Asst. Tools | in Bag,(1) Drill Bit Set, (1)Nail gun, (hail gun wits i ad d)Saw raw, i LT Ty Tm oy FREEBIES! HAVE SOMETHING YOU NEED TO SELL? LOOKING FOR A JOB? AS A SERVICE TO OUR COMMUNITY WE ARE OFFERING FREE® CLASSIFIED. ADS FOR 4-WEEKS, BEGINNING JANUARY 21! Simply fill out the form below with one word per box (a telephone number is considered one word) and return it to the Kings Mountain Herald office at 700 E. Gold St., P.O. Box 769, Kings Mountain NC 28086; call 704.739.7496; or e-mail subscribe@kingsmountainherald with the information, from January 14 through February 6. m—— *Free classifieds are for individual line ads only, no business ads will be accepted. Ads are limited to 30 words and will run for through the Feb. 11 edition unless we are contacted to remove the ad. Publisher reserves the right not to publish any ads deemed inappropriate for our readership. a nr — = — — — —— ——— — —— i —n—— — L "may act, brand, (5) Huffy, (2)Stingray, (1) Magna, (1) Velco, (1)Bronco. KMH3146 (1/28/09) AMENDED Notice of Foreclosure Sale NORTH CAR- OLINA 06-SP-330 FR#200600484 Cleveland County Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Barry Dale Nodine, unmarried to Kirk Smith, Trustee(s), dated September 30, 2002, and recorded October 1, 2002, in Book 1345, on - Page 2422, Cleveland County Public Registry, the undersigned Substi- tute Trustee de- 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 Peter J. Underhill or Frances S. White or Kirsten K. Gallant, either one of whom having been substituted as Trustee in said Deed of Trust by an in- strument duly recorded in the Of- fice of the Register of Deeds of Cleve- land County, North Carolina, and the Owner and Holder of the Note evidenc- ing said indebted- ness 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 12, 2009, at 1:15 pm, and will sell to the highest bidder for cash the real property se- cured by the above- described Deed of Trust recorded Oc- tober 1, 2002 in Book 1345, on Page 2422, 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 128 Wat- terson Road, Grover, North Car- olina 28073. To the best of’ the knowl- edge and belief of the undersigned, ‘Wednesday, January 28, 2009 The Kings Mountain Herald Page 7B Estate of LOUISE OF SAID STREET, ALONG AND Deed No. 1 and (h) That the Court 28th 2009 and upon (1)Set of Bolt Cut- the current RAY SCHRUM BOYCE GAULT'S WITH RIDGE Warranty Deed No. issue an Order al- your failuretodoso ters, (1)Cordless owner(s) of the CE1513 CORNER, WHICH STREET.EAST 301 2 and thatsaidequi- lowing forajudicial the plaintiff will Phone, (1) Electric property within 10 | 28, 2:04,2:11,18) CORNER IS 78 FEET TOANIRON table lien has prior- sale of the Property, apply to the court Typewriter ‘with days of the posting FEET SOUTH STAKE; THENCE ity over all other subject to any prior for therelief sought. Case, (7)Assorted of this notice is/are STATE OF NORTH FROM THEINTER- SOUTH 73 FEET liens, encumbrances liens, pursuant to CD's, (1)Circuit Barry Dale Nodine. . CAROLINA SECTION OF TO AN IRON and interests in the N.C.G.S. §1-339 et This, the28thdayof Board, (1)Fax In the event the IN THE GENERAL DEALAND RIDGE STAKE, CORNER- Property described seq; January, 2009. Modem, (1)Power property which is COURT OF JUS- STREETS AND ING IN THE in both Warranty (i) That the Court JOHNSON & Supply,(1)Trimmer the subject of this TICE RUNS THENCE HOMELOTOFR]. Deed No. 1 and issue an Orderthat FREED M AN, & Manicure Set, Notice of Sale is res- "COUNTY OF WITH BOYCE BENNETT; Warranty Deed No. the Plaintiff, byand L.L.C./s/ (1)Flashlight and idential real prop- CLEVELAND GAULT’'S LINE E. THENCE A NEW 2 as of the original through its Substi- Andrew Roy Bick- Clip light, erty with less than SUPERIOR COURT 201 FEET TO A LINE WEST 201 date of recording of tute Trustee, Na- wit (2)Handsfree Cellu- fifteen (15) rental DIVISION STAKE, BOYCE FEET TO AN IRON the Deed of Trust, tionwide Trustee North Carolina Bar lar Car Kits, (3)Cas- units, an order for 108 CVS 2125 GAULT'S COR- STAKE, THE BE- which was May 25, Services, Inc., as No. 13255 sette Adapters, possession of the i MORGAN NER; THENCE GINNING COR- 2000 at 9:45 AM; Commissioner, is Attorney for Plain- (4)Pair Cowhide property may be is- CHANCE BANK WITHHISLINEN. NERINTHEEDGE (c) That the Court authorized to con- tiff Gloves, (1)Playsta- sued pursuant to ‘NA SUCCESSOR 78 FEET TO A OF DEAL STREET. issue a judgment duct a judicial fore- 1587 N.E. Express- tion Memory Card, N.C.G.S.45-21.29 in BY STAKE IN THE SAIDLOTCOVER- declaring that De- closure sale of the way (1) Xbox with Wire- favor of the pur- ‘MERGER WITH SOUTHERN EDGE INGLOT#19, AND fendants Mr. and fee interest in the Atlanta, Georgia less Controller, chaser and against BANK ONE,) OF RIDGE STREET; THE NORTHERN Ms. Carroll de- Property, subjectto 30329 770) 234- (1)Sweatsuit Set, the party or parties (Plaintiff,) THENCE WITH PORTION OF LOT faulted and remains any prior liens, and 9181 (1)Shirt, (1)Pair of in possession by the VS. RIDGE STREET E. NO. 20 AND 23, indefaultunderthe pursuantandinac- KMH3145 Pants, (1)Skate- Clerk of Superior CHARLESL.CAR- 65 FEET TO A FEET OF THE terms of this Note cordance with Arti- (1:28, 2:04,11) board, (2)Push Court. Any person ROLL and wife, STAKE, J.W. WEB- WESTERN END OF and Deed of Trust cle 29A, Chapter 1 Mowers, (1)Mi- who occupies the DAWN T. CAR- STER’S CORNER; LOT 18 AS by failing to make of the North Car- NOTICE OF AUC- croScooter. Girl's property pursuant : ROLL, THENCE WITH SHOWN ON A scheduled monthly olina General TION ON UN- Bikes: (3)Roadmas- to a rental agree- Defendants. WEBSTER’S LINE MAP OR PLAT payments of princi- Statutes (Sections1l- C L A I M E D ter, (1)Next, (6) ment entered into NOTICE OF SERV- S. 84 FEET TO A MADE BY A.P.- pal and interest; 339 et. seq.); PROPERTY Huffy, (1)Triton, or renewed on or: ICE OF PROCESS STAKE, A NEW PALLS,SURVEYOR (d) That the Court (j) That the Court The Kings Moun- (1)Magna, (1)Un- after October 1, BYPUBLICATION C O R N E R ; FOR MRS. LUCY declare that Plaintiff said judicial foreclo- tain Police Depart- known Name- 2007, may, after re- To: Charles L. THENCE A NEW = JULIAN, AS WILL Chase Bank holdsa sure sale of the mentpursuant to brand, (1)Murray, ceiving the notice of Carroll and Dawn LINE W. 267 1/2 APPEAR ON first priority secu- Property shall take North Carolina (1) Freesport, sale, terminate the T. Carroll FEET TO A STAKE RECORD IN BOOK rity interest in the place at a public General Statute 15- (1)Dart, (1)Timber- rental agreement 413 Long Beach IN THE EASTERN OF PLATS #1 AND Property described auction to the high- 14.1, intends to sell trail, (1)Schwinn. upon ten (10) days’ Road EDGE OF DEAL AT PAGE 12, IN in both Warranty est bidder at the unclaimed property Boy's Bikes: notice to the land- Kings Mountain, STREET, THENCE THE REGISTEROF Deed No. 1 and Cleveland County through the elec- (3)Roadmaster, lord. The tenant is North Carolina WITH DEAL DEEDS FOR Warranty Deed No. Courthouse, North tronic auction (1)Roadmaster — liable for rent due 28086 STREET/N. 6 FEET. CLEVELAND 2; Carolina, with a de- process. Following Parts Only, (2) Mon- under the rental Take notice that a TO THE BEGIN- COUNTY, N.C. (e) That the Court posit of cash or cer- is a list to include a goose, (7)Next, (3)X- agreement prorated Complaint for De- NINGAND BEING DEED TO A POR- issue a judgment tified funds upon brief descriptionof G a m e s , to the effective date claratory Judgment A PART OF LOTS TION OF THE declaring that the the close of the bid- property tobesold. (l1)Kawasaki, of termination. and Judicial Fore- 21,17, AND 18 OF ABOVE DE- Plaintiff is entitled ding in the amount If you have had (1)Royce Union, (3) Third party pur- closure seeking re- RS. - JUDY JU- SCRIBED PROP- to foreclose on the often percentofthe property stolenand Unknown Name- 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 fifty 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 due 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 9, 2009 Peter J. Underhill or Frances S. White or Kirsten K. Gallant, either one of whom may act, Substitute Trustee NC Bar No. 6418 PO. Box 30368 Charlotte, NC 28230-0368 (704) 909-5656 TAC#819787N ( PUB:1/28/09, 2/04/09) KMH3146
The Kings Mountain Herald (Kings Mountain, N.C.)
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Jan. 28, 2009, edition 1
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