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SENET TRE SL i § I i x i g EE ERE EIN ESN EE rr TE PE NR EF ERI RRNES FURR RAR EC Ee eR ews ney go. EAERTE Wednesday, May 19, 2010 The Kings Mountain Herald Classified Ads Page 7B screen required. To schedule an ap- pointment call 1(800) 523-6802. Dycos Staffing. EOE. Hablamos Es- panol. (fn) Legals CITY. OF KINGS MOUNTAIN NO- TICE OF PUBLIC HEARING TUESDAY, MAY 25,2010, 6:00 PM CITY COUNCIL CHAMBERS, CITY HALL. AMENDMENT: CHAPTER 12 OC- CUPATIONAL LI CENSES, TAXES, AND REGULA- TIONS ARTICLE VI. MOTORIZED VEN- DORS = OF ICE CREAM PROD- UCTS. The City, as an agency by the Kings Moun- tain Ordinance, is proposing a text amendment. The amendment would provide definitions and standards for . Motorized Vendors of Ice Cream Prod- ucts. A copy of the proposed text amendment may be obtained at the Billing Department or you may call (704) 734-4613 for additional informa- tion. You are welcome t attend the City Council Public Hearing May 25,2010 to express your opinin on this application. . KMH3243 © (5/12 &19,2010) NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION CLEVELAND CLO UNIT. Y. BEFORE THE CLERK 10 SP 199 IN THE MATTER OF THE FORECLOSURE OF THE DEED OF:::- TRUST. OF SOUTHERN PRIDE FARM ND GARDEN, INC, THOMAS E. SPER- LING, SANDRA G. SPER- LING, ) Mortgagors to MARK LACKEY, Trustee; WESLEY L.DEATON, Substitute Trustee, FIRST NATIONAL BANK, ) Mortgagee. Dated February 2, 2005, recorded in Book 1441, at Page 403 ) Securing the original amount of $99,978.35 NOTICE OF FORE- CLOSURE SALE Under and by virtue of the power of sale contained in that certain Deed of Trust executed by SOUTHERN PRIDE FARM AND GARDEN, INC; THOMAS E. SPER- LING AND SANDRA G. SPERLING, de- scribed above, in the Cleveland County Public Reg- _ istry; default hav- ing been made in the payment of the indebtedness thereby ~ secured and the said Deed of Trust being by the terms thereof subject to foreclo- sure; and the holder of the in- debtedness thereby secured having demanded a foreclosure thereof for the pur- pose of satisfying said indebtedness; and under and by virtue of an order entered in the within entitled and numbered action by the Clerk of Su- perior Court -of Cleveland County, North Carolina on the 4th day of May, 2010, the under- signed Trustee will offer for sale at public auction to the highest bidder for cash at the Courthouse door in Shelby, North Carolina at 2:00 TEXT o'clock p.m. on Thursday the 27th day of May, 2010, the land conveyed in said deed of trust, the same lying and being in Cleveland County, North Carolina, and "being more partic- ularly described as follows: Lying and being in Number Two (2) Township, Cleve- land County, NC, being located on the East side of NC Highway 150 (Gaffney ~~ Road), being bounded on the East by other property of Thomas W. Ham- rick, Parker, and Sperling, on the South by Eunice Hamrick, on the North by Baldwin, and being de- scribed by metes and bounds as fol- low: BEGINNING at an unmarked point in the centerline of the right of way of NC Highway 150, Southwest corner «of Baldwin as shown in Book 17- I, Page 151 and being also the Northwest corner of the Thomas W. Hamrick property as shown in Book 12-Z, Page 282; thence with Bald- win’s South line, South 86-00-01 East (and passing over an existing rebar at 31 feet) a total distance of 169.35 feet to an existing iron pipe, corner of Parker; thence with Parker's West line, South 08-59-34 East 97.93 feet to" an existing rebar, corner of the Thomas W. Ham- rick property as shown in Book 13- G, Page 646; thence a new line through said property, South 69-07-54 East 84.92 feet to an existing rebar, corner of Sperling as shown in Book 1386, Page 159; thence with two lines of Sperling as follows: South 64- 23-57 West 112.96 + feet to an existing rebar; and South 03-18-39 East 194.78 feet to an rebar set, North- east corner of Eu- nice Hamrick as shown in Book 13- G, Page 650; thence with Eunice Ham- rick’s North line, South 73-38-00 West (and passing over an existing rebar at 18.20 feet) a total distance of 316.99 feet to an "unmarked point lo- cated just East of the centerline of the right of way of NC Highway 150, Northwest corner of Eunice Hamrick; thence along or near the centerline of the right of way of NC Highway 150 as follows: North 17-17-00 East 293 feet to an un- marked point; and North 12-58-04 East 196.62 feet to the point of BEGIN- NING, containing 2.259 acres, more or less, according to a survey by E. Steve Smith, RLS, dated December 23,2004. Title Reference: Book 1437, Page 945, Cleveland County Registry. This sale is made subject to all out- standing and un- paid Cleveland County and any city or town ad val- orem property taxes as well as any .and all other prior liens, defects and encumbrances in- volving said prop- erty, as well as a Clerk's fee of $.45 per $100 on the purchase price. Notice is further hereby given that the successful bid- der will be required to make a cash de- posit not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00). Notice is further hereby given that the sale will be conducted pur- suant to and sub- ject to all of the provisions of Chap- ter 45,as amended, of the General Statutes of North Carolina. Notice is given that an order for pos- session of the property may be is- sued 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 Supe- rior Court of the County in which the property is sold. Anyperson who occupies the property pursuant to a rental agree- ment entered into or renewed on or . after October 1, 2007, may, after re- ceiving notice of sale, terminate the rental agreement upon 10 days’ writ- ten notice to the landlord. Upon ter- mination of any such rental agree- ment, the tenant is liable for rent due under the rental agreement to the effective date of the termination. This the 4th day of May, 2010. By: /S/ Wesley L. Deaton, Substi- tute Trustee PO. Box 159 Lincolnton, NC 28093 (704) 735-0483 KMH3245 (5/12 & 19/10) NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION CLEVE- LAND COUNTY BE- FORE THE CLERK 10 SP 184 IN THE MATTER OF THE FORECLO- SUREOF THE DEED OF TRUST OF KENNON W. FITCH, Mortgagor, to - CHARLES W. WRAY, Trustee;) WESLEY i; DEATON, Substitute Trustee, FIRST NATIONAL BANK, Mortgagee. Dated January 7, 2004, recorded in ) Book 1401, at Page Securing the origi- ‘nal amount of $200,000.00 NOTICE OF FORE- CLOSURE SALE Under and by virtue of the power of sale contained in that certain Deed of Trust executed by KENNON W. FITCH, described above, in the Cleve- land County Public Registry; default having been made in the payment of the indebtedness thereby secured and the said Deed . of Trust being by the terms thereof subject to foreclo- sure; and the holder of the in- debtedness thereby secured having demanded a foreclosure thereof for the pur- pose of satisfying said indebtedness; and under and by virtue of an order entered in: the within entitled and numbered action by the Clerk of Su- perior Court of Cleveland County, North Carolina on the 28th day of April, 2010, the un- dersigned Trustee will offer for sale at public auction to the highest bidder for cash at the Courthouse door in Shelby, North Carolina at 2:00 o'clock p.m. on ‘ Thursday the 27th day of May, 2010, the land conveyed in said deed of trust, the same lying and being in Cleveland County, North Carolina, and being more partic- ularly described as follows: Parcel One: Being lots 56 through 63 in Block “A” of LEE ACRES, a part of which was origi- nally the Hoey and now the Charles L. Beam property ac- cording to a plat by James W. Elliott, Surveyor, dated November 2, 1964, a copy of said plat being of record in Book of Plats 10, Page 45 of the Cleveland County Registry; and being described by metes and bounds as follows: BEGIN- NING at a stake in the South edge of old U.S. Highway No. 74, the said stake being at a point where the said highway inter- sects the East edge if Beam Street, this being the North- west corner of Lot No.63; thence with the East edge of Beam Street, South 10-37 West 209.3 feet to a stake in the edge of said street, being the Northwest corner of Lot No. 64; thence with the North line of Lot No.64, South 79-23 . East 200 feet to a stake, the same being a common corner between Lots Nos. 54,55, 56, and 64; thence with the West line of Lot No.55, North 10-37 east 197 feet to a stake in. the South edge of Old U.S. Highway No. 74 at a point where the same in inter- sected with the West edge of Ware Road; thence with the South edge of Old U.S. Highway No. 74, North 76 West 100 feet to a stake; thence con- tinuing with the said ' road, North . 74-20 West 50 feet to a stake; thence North 71-20 West 50 feet to the place of BEGINNING. TITLE REFERENCE: See Deed recorded in Book 1214 at Page 115, Cleve- land County, N.C. Registry TAX MAP NUMBER: 6-1A-3-13. Parcel Two: Being located about four miles East of the city of Shelby, North Carolina and being in a subdivi- sion known as LEE ACRES, a part of which was origi- nally the Hoey, and now the Charles L. Beam property, and being all of Lot No. 64 in Block A of the said property, according to a sur- vey by James W. El- liott, Surveyor, dated November 2, 1964, as shown in Plat Book 10, Page 45, Cleveland County Registry, and being de- scribed by metes and bounds as fol- lows: BEGINNING at an existing iron pin on the East edge of the right of way of S.R. 2345 (Providence Road), Southwest corner of Lot 63 owned by Fitch as shown Book 1214, Page 115; thence with the South lines of Lots 56 though 63, South 78-45-11 East 200.35 feet to a tall angle iron, Southeast corner of Lot 56, and being in the West line of Lot 55 owned by Anthony as shown in Book 18-U, Page 629; thence with said- line South 10-53- 12 West 25 feet to an iron pin set, Northeast corner of Lot 65; thence with the North line of Lot 65, North 78- 45-11 West 200.33 feet to an iron pin set on the East edge of the right of way of S.R. 2345, Northwest corner of Lot 65; thence with the East edge of the right of way of S.R. 2345, North 10-49-12 East 25 feet to the point of BEGINNING, con- taining .115 acres, more or less, ac- cording to a survey by Clifford*C. John- son, R.L.S., dated December 7,1998. TITLE REFERENCE: See Deed recorded on Book 1239 at Page 1701, Cleve- land County, N.C, Registry. TAX MAP NUMBER: 6-1A-3-13. The above-de- scribed property is known as 1019 Providence Road, Shelby North Car- olina. Parcel Three: BE- GINNING on the Southwest corner of Lot No. 1 at an Oak Stump corner of Church lot and running thence North 62 3 West 10.20 chains to a stake; thence North 78 East 16 chains to a stake; North 7 chains to a stake; thence North 52 East 12.50 chains to a stake; thence North 68 East 15.75 chains to a stake in the Es- kridge line; thence South 37-1/4 East 2.15 chains to a stake; thence South 56 East 8 chains to a stake, corner of Lot No. 1; thence with the North line of Lot No. 1 South 78 West 19 chains to a stake, thénce South 53 34 West 9.90 chains to a. stake; thence South 5.50 chains to a stake; thence South 56 % West 13.80 chains to an Qak Stump, the place of BEGIN- NING, containing 25-1/3 acres, more or less, and desig- . nated as Lot No. 2 according toa map in Special Proceed- ings No. 2052, re: Mrs. J.B.H. Hamrick, et al., in the Office of the Clerk of Su- perior Court, Cleve- land County, North Carolina. EXCEPTED HERE- FROM are all con- veyances previously made by the decedent prior to his death. TITLE REFERENCE: See Deed recorded on Book 7-1, Page 547; the Estate of John Washburn, Sr., Cleveland County file number 93-E- 385; Special Pro- ceedings, Cleveland County File number 95-SP- 168 and Deed recorded in Book 1190 at Page 969, Cleveland County, N.C. Registry. TAX MAP NUMBER: 6-1A-4-2. This sale is made subject to all out- standing and un- paid Cleveland ~ County and any city or town ad val- orem property taxes as well as any and all other prior liens, defects and encumbrances in- volving said prop- erty, as well as a Clerk's fee of $45 per $100 on the purchase price. Notice is further hereby given that the successful bid- der will be required to make a cash de- posit not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00). : Notice is further hereby given that the sale will be conducted pur- suant to and sub- ject to all of the provisions of Chap- ter 45,as amended, of the General Statutes of North Carolina. Notice is given that an order for pos- session of the property may be is- sued 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 Supe- rior Court of the County in which the property is sold. 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 notice of sale, terminate the rental agreement upon 10 days' writ- ten notice to the landlord. Upon ter- mination of any such rental agree- ment, the tenant is liable for rent due under the rental agreement to the effective date of the termination. This the 28th day of April, 2010. By: /s/ Wesley L. Deaton Wesley L. Deaton, Substitute Trustee PO. {Box 11159 Lincolnton, NC 28093 (704) 735-0483 KMH3246 (5/12 & 19/10) IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK STATE OF NORTH CAROLINA COUNTY OF CLEVELAND 09SP626 AMENDED NOTICE OF FORECLOSURE SALE Pursuant to .an order entered March 19, 2010, in the Superior Court for Cleveland County, and the power of sale con- tained in the cap- tioned deed of trust (“Deed of Trust”), the under- signed Substitute Trustee will offer for sale at auction, to the highest bid- der for cash, AT THE COURT- HOUSE DOOR IN SHELBY, CLEVE- LAND COUNTY, NORTH CAROLINA ON MAY 28, 2010 AT 10:30 AM the real estate and the improvements thereon encum- bered by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in Cleveland County, North Car- olina, and being more particularly described as fol- lows: Lying and being in the Town of Shelby, North Carolina, and being a part of the W.D. Lackey property, situated East of the Shelby Hospital, subdivided and sold by the Cy- clone Auction Company and shown as Lots Nos. 97 and 98 on the map made by J.A. Wilkie, Surveyor, which map is recorded in Book of Plats No. 1, Page 62 of the Office of the Register of Deeds of Cleveland County, North Car- olina, described by metes and bounds as follows: BEGIN- NING at a stake on the East side of Second Street a corner of Lot No.96 and runs thence North 84 - 2 East 150 feet to a stake in old line; thence with old line, North 5 — ¥» West 50 feet to a stake in said old line; thence South 84 - 2 West 150 feet to a stake in the edge of Sec- ond Street, C.D. Sweaton’s corner; thence South 5-% East 50 feet with the edge of Sec- ond Street, to the Beginning, bring the property con- veyed by RJ. Rucker and wife, Panthea Rucker, to Crossom Padgett and wife, Iva R.Pad- gett, said deed being duly recorded in the Register of Deeds of = - Cleveland County, North Car- olina. Title Refer- ence: Book 1312, Page 2371, Cleve- land County Reg- istry. Tax Map Reference; S37-2- 16. * IntheTrustee’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 Linda Setola. 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 under- signed Substitute Trustee shall con- vey 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 unpaid (ad valorem) taxes and special assess- ments, if any, which became a lien sub- sequent 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 pe- riod of 120 days following the date when the final upset bid period has run. : The purchaser of the property de- scribed above shall pay the Clerk's Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A- 308(a)(1) of the North Carolina General Statutes. If the purchaser of the above de- scribed property is someone other than the Benefici- ary under the Deed of Trust, the pur- chaser shall alse pay, to the extent 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 is- sued 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 clerk of supe- rior court of the county in which the property is sold; and (b.) Any person who occu- pies the property pursuant to a rental agreement entered into or re- newed on or after October 1, 2007, may, after receiving 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 tenant is liable for rent due under the rental agree- ment prorated to the effective date of the termination. This 8th day of April, 2010 .POYNER SPRUILL, LLP By: : /s/ James S. Livermon, Attorneys for Spruillco., Ltd. 130 S. Franklin Street PO. Box 353 Rocky Mount, NC 27802 (252) 972-7116 KMH3247 (5:19 & 26/10) STATE OF NORTH CAROLINA COUNTY OF CLEVELAND File No: 09 SP 773 SHEVICEO IND AMENDED NOTICE OF RE-SALE TAKE NOTICE THAT: William Richard Boyd, Jr., 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 Su- perior Court of the above County, in- cluding an Order of Re-Sale, will re-sell the below de- scribed property at public auction as follows: ( 1.) The instrument pursuant to whic such sale will be held is that certain Deed of Trust exe- cuted by Mary Sue Batchelor, unmar- ried, original mort- gagors, and recorded in the Of- fice of the Cleve- land County Register of Deeds in Deed of Trust Book 1370, at Page 29. The record owner of such property, as. re- flected on the records of the Reg- ister of Deeds not more than ten (10) days prior to post- ing this Second Amended Notice of Re-Sale, if not the original mort- gagors, is: 2.) The property will be sold by the Substitute Trustee at 11:30 a.m.on the 27th day of May, 2010 at the Cleve- land County Court- house door in the City of Shelby, North Carolina. (3.) The real prop- erty to be sold is generally de- scribed as Off of Batchelor Road and Mort Road, Mooresboro, NC and described as follows: ) This parcel of land is out of the 100.5 acres owned by the Grantor herein - in Number 1 Town- ship and is shown on a deed recorded in Book 11-J at Page 190in the office of the Register of Deeds for Cleveland County, North Car- olina, and is also a 3.30 acres accord- ing to a survey made by JD. Turner, Registered Surveyor, made February 22, 1984. This parcel is bounded on the North by McGraw property, on the East by a country road and. on the South by a 1.3 acres owned by Roger Dean Batch- elor and wife and also with a corner N/A (
The Kings Mountain Herald (Kings Mountain, N.C.)
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May 19, 2010, edition 1
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