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County Register of Deeds in Deed of Trust Book 1522, at Page 1 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 origi- nal mortgagors, is: N/A 2. The property will be sold by the Sub- stitute Trustee at 1:00 p.m. on the 11th day of February, 2009 at the court- house door in the City of Shelby, North Carolina. 3. The real property to be sold is gener- ally 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 Uri pr Registry. Any property de- scribed in the Deed of Trust which is not being offered for sale is described as follows: n/a 4. Any buildings lo- cated on the above- described property are also included in the sale. 5. 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 Sub- stitute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hun- dred Fifty and no/100 Dollars ($750.00). 6. All bidders bid for the property AS IS on the date of sale. Absolutely no warranties 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. 7. The property will be sold subject to all unpaid taxes and special assess- ments.. 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 the law. Our readers are hereby informed that all dwellings that are advertised in this service & business» DIRECTORY CT AD AT re PN OP er I pe Te 8. The property being sold is all of that property de- scribed in the Deed of Trust except as specifically 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. 9. Additional No- tice 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 effective date of the termination. THIS the 13th day of January, 2009. Raintree Realty & Construction, Inc., A. Robert York, Sub- stitute Trustee, PO Box Asheville, 28814. (828)253-9063. KMH3144 (1:28,2:04) \, i. 0 8942, NC STATE OF NORTH CAROLINA GASTON COUNTY IN THE GENERAL COURT OF JUS- ‘TICE SUPERIOR COURT DIVISION FILE NO.: 09-E-86 EXECUTOR NO- TICE Having qualified on RT ro re rT rw wee ~T The Kings Mountain Herald Classified Ads the 20th day of Jan- uary, 2009 as Ex- ecutrix of the Estate of LOUISE RAY SCHRUM deceased, late of = Gaston County, North Car- olina, this is to no- tify 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, 28021 Estate of LOUISE RAY SCHRUM CE1513 (1:28, 2:04,2:11,18) NC STATE OF NORTH CAROLINA IN THE GENERAL COURT OE ]JUS- TICE COUNTY OF CLEVELAND SUPERIOR COURT DIVISION 08 CVS 2125 JP MORGAN CHANCE BANK NA SUCCESSOR BY MERGER BANK ONE, Plaintiff, WITH VS. . CHARLES L. CAR- ROLL and wife, DAWN T. “CAR- ROLL, Defendants. NOTICE OF SERV- ICE OF PROCESS BY PUBLIGATION To: Charles L. Car- roll and Dawn T. Carroll 413 Long Beach Road Kings Mountain, North Carolina 28086 Take notice that a Complaint for De- 2 = week (13 week minimum) Se cash, check or credit cand. Credit claratory Judgment and Judicial Fore- closure seeking 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 rn 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 OF SAID STREET, BOYCE GAULT’S CORNER, WHICH CORNER IS 78 FEET SOUTH FROM THE INTER- SECTION OF DEAL AND RIDGE STREETS AND RUNS THENCE WITH BOYCE GAULT’S LINE E. 201 FEET TO A STAKE, BOYCE GAULT’S COR- NER; WITH HIS LINE N. 78 FEET TO A STAKE IN THE SOUTHERN EDGE OF RIDGE STREET; THENCE WITH RIDGE STREET E. 65 FEET TO A STAKE, J.W. WEB- STER’S CORNER; THENCE WITH WEBSTER’S LINE S. 84 FEET TO A STAKE, A NEW CORNER; THENCE A NEW LINE W. 267 1/2 FEET TO A STAKE IN THE EASTERN EDGE OF DEAL STREET; THENCE WITH DEAL STREET N. 6 FEET TO THE BE- GINNING AND For as little as $10 a you'll reach Over 28,250 Readers PAYMENTS Payments may be made by approval is required for invoice our company standards. 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 in care of...” MT ean + Funeral Directors FUNERAL SERVICES HOME IMPROVEMENT | Belmont - 704-825-5301 | www.mdleaniuneral com | Woodlawn Funeral Home 375 Woodlawn Ave. * Mt. Holly 704-820-0608 ¥ 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 MONUMENTS PET CARE Affordable After All AAA ° U-Pay-Le$$ Appliance Service $10-° OFF Home Call with This Ad We service most major brands! 704.919.6135 Doug & Kathy Toomey www.parkyourbarklic.com kvathome @ hotmail.com DR Doggy Daycare 159 Sellars Rd., Kings Mountain Off Hwy. 216, between Kings Min. & Cherryville next to Midway Lakes || 704.734.1020 Dog Boarding Make ar A hoiday In The Newspaper! Give us a call at 704-739-7496 to place your ad today! Help Out Your Business %% By Getting Noticed | RIVERINE —— MONUMENT CQ, Honuments A Family Tradition Since 1957 All Types of Cemetary Work « Bronze * 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 of Darinction as‘ THENCE. BEING A PART OF LOTS 21, 17, AND 18 OF MRS. JUDY JULIAN’S = PROP- ERTY AS WILL AP- PEAR 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 MOUN- TAIN, N.C. BEGIN- NING AT AN IRON STAKE, AT. A POINT IN THE EDGE OF SAID DEAL STREET SOUTH OF THE INTERSECTION, AND RUNS THENCE ALONG AND WITH DEAL STREET NORTH 78 FEET TO THE IN- TERSECTION OF DEAL AND RIDGE STREETS; THENCE ALONG AND WITH RIDGE STREET EAST 301 FEET TO AN IRON STAKE; THENCE SOUTH 73 FEET TO AN IRON STAKE, CORNER- ING: INTHE HOME LOT OF RJ. BENNETT; THENCE A NEW LINE WEST 201 FEET TO AN IRON STAKE, THE BE- GINNING COR- NER IN THE EDGE OF DEAL STREET. SAID LOT COVER- ING LOT #19, AND THE NORTHERN PORTION OF LOT NO. 20' AND 23, FEET. OF THE WESTERN END OF LOT 18 AS SHOWN ON A MAP OR PLAT MADE BY AP. PALLS, SUR- VEYOR FOR MRS. LUCY JULIAN, AS WILL APPEAR ON RECORD IN BOOK OF PLATS #1 AND AT PAGE 12, IN THE REGISTER OF DEEDS FOR CLEVELAND COUNTY, N.C. DEED TO A POR- TION OF THE ABOVE DE- SCRIBED PROP- 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 Deed No. 1 and Warranty Deed No. 2 and that said equitable lien has priority over all other liens, encum- brances and inter- ests in the Property described in both Home Health Professionals/ Primary Health Concepts is looking for Part-time CNA's for the Gastonia, Belmont and Mt. Holly area Please call 800-864-1131 come by 2550 Court Dr. Gastonia, NC 28054 or e-mail 8oradmin@ triadhomecare.com Ms. Wednesday, February 4, 2009 Warranty Deed No. 1 and Warranty Deed No. 2 as of the original date of recording of the Deed of Trust, which was May 25, 2000 at 9:45 AM; (c) That the Court issue a judgment declaring that De- fendants Mr. and Carroll de- faulted and remains in default under the terms of this Note and Deed of Trust by failing to make scheduled monthly payments of princi- pal and interest; (d) That the Court declare that Plaintiff Chase Bank holds a first priority secu- rity interest in the Property described in both Warranty Deed No. 1 and Warranty Deed No. 2; (e) That the Court issue a judg- ment declaring that the Plaintiff is enti- tled to foreclose on the Property de- scribed in both War- ranty Deed No. 1 and Warranty Deed No. 2 pursuant to the terms of its Deed of Trust (or, in the alternative, its equitable lien), as- suming all contrac- tual pre-requisites 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 judg- ment declaring that the Plaintiff is enti- tled to proceed with the aforesaid fore- closure once the original Deed of Trust is reformed; (h) That the Court issue an Order al- lowing for a judicial sale of the Property, subject to any prior liens, pursuant to N.C.GS. §1-339 et seq.; (i) That the Court issue an Order that the Plaintiff, by and through its Substi- tute Trustee, Na- tionwide Trustee Services, Inc., as Commissioner, is authorized to con- duct a judicial fore- closure sale of the fee interest in the Property, subject to any prior liens, and pursuant and in ac- cordance with Arti- cle 29A, Chapter 1 of the North Car- olina General Statutes (Sections 1- 339 et. seq.); G) That the Court said judicial foreclosure sale of the Property shall take place at a public auction to the highest bidder at the Cleveland County Courthouse, North Carolina, with a deposit of cash or certified funds upon the close of the bidding in the amount of ten percent of the final bid; (k) That after the judicial foreclo- sure has been final- ized and completed pursuant to North Carolina 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 statutory ten day period has elapsed, that a Writ of Possession be granted to the high- est bidder at the foreclosure sale and such other and fur- ther 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 28th 2009 and upon your failure to do so the plaintiff will apply) to the court for the relief sought. This, the 28th day of January, 2009. JOHNSON & FREEDMAN, L.L.C. /s/ Andrew Roy Bick- wit " North Carolina Bar No. 13255 ; Attorney for Plain- tiff 1587 N.E. Express- ‘way Atlanta, 30329 770) 234-9181 KMH3145 (1:28, 2:04,11) Georgia 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 Reg- istry, the wunder- signed Substitute Trustee declares as follows: There is a default by the Owner or other per- son(s) owing an ob- ligation, the performance 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 may act, 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 jncorpo- rated herein by ref- erence as if fully set forth herein. Said property as shown on the above-de- KINGSWOOD APARTMENTS 200 Spruce Street, Kings Mountain, NC 28086 704-739-4467 Applications Accepted at the Js ee 8:00am-4:30pm . nu 1 & 2 Bedroom Apartments For Individuals, Families, Elderly, & Disabled Persons Central Heat/Air » Laundry Facility On Site/Playground Fully Equipped Kitchen * Individual Storage Furnished Washer/Dryer Connections + Mini-Blinds/Carpet/Vinyl Accessible Units » Reasonable Accommodations “It is legal to discriminate against any person because of race, color. religion, sex, handicap, familial status, or national origin.” Housing Choice Vouchers Accepted = © (704) 739-4467 » TOD 1-800-735-2062 (5 Monday ERR a Sen ge
The Kings Mountain Herald (Kings Mountain, N.C.)
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Feb. 4, 2009, edition 1
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