Wednesday, December 7, 2011
The Kings Mountain Herald
Classified Ads
Page 7B
Legals, cont.
THIS PROPERTY HAS
THE ADDRESS OF:
BEGINNING at an iron
pin, with said pin
CLEVELAND COUNTY. Parcel No. 59471, being the Northwest
BEFORE THE CLERK 42.44 Acres on Webb corner of the Bobby
11 SP 535 Road, Shelby NC White property (DB
IN THE MATTER. OF 28152 1124/2139" & 16-
THE FORECLOSURE This sale is made sub- D/39); thence run-
4 OF THE DEED OF ject to all outstanding ning with the Selma
¥ TRUST OF and unpaid Cleve- Hamrick property the
CRESTVIEW VENTURE, land County and any following four (4)
INC, Mortgagor
to Cc
ANDREW NEISLER, JR, as well as any and all (2) North 01-23-43
Trustee; other prior liens, de- East 232.20 feet, (3)
NOTICE OF FORECLO- fects and encum- North 36-53-43 East
SURE SALE brances involving 347.20 feet, (4) North
WESLEY L. DEATON, said property, as well 19-53-43 East 256.59 -
Substitute Trustee, as a Clerk's fee of $.45 feet to an unmarked
‘BOOK 1622, PAGE 902 per $100 on the pur- point in the right of
FIRST NATIONAL chase price. way for Webb Road;
BANK, Notice is further thence running a
Mortgagee. hereby given that the new line through the
Dated May 19, 2009,
recorded in Book
1576, at Page 1978
Securing the original
amount of -
$179,400.00
Under and by virtue
of the power of sale
contained in that cer- Notice is further 12 East 48.38 feet, (4)
tain Deed of Trust ex- hereby given that the South 53-41-36 East
ecuted by Crestview sale will be con- 48.72 feet, (5) South-
Venture,” Inc, de-
scribed above, in the
Cleveland = County
Public Registry; de-
fault having been
made in the payment
of the indebtedness
thereby secured and
the said Deed of Trust
being by the terms
thereof subject to
foreclosure; and the
holder of the indebt-
edness thereby se-
cured having
demanded a foreclo-
sure thereof for the
purpose of satisfying
said = indebtedness;
"and under and. by
virtue of an order en-
tered in the within
entitled and num-
bered action by the
Clerk of Superior
Court of Cleveland
County, North Car-
olina on the 8th day
of November, 2011,
the undersigned
Trustee will offer for
‘sale at public auction
to the highest bidder
for cash at the Court-
house door in Shelby,
North Carolina at
12:00 p.m. on Thurs-
day the 8th day of
December, 2011, the
land conveyed in said
Deed of Trust, the
same lying and being
in Cleveland County,
North Carolina, and
city or town ad val-
orem property taxes
successful bidder will
be required to make
a cash deposit not to
exceed the greater of
+ five percent (5%) of
the amount of the
bid or seven hundred
fifty dollars ($750.00). -
ducted pursuant to
and subject to all of
the provisions . of
Chapter 45, as
amended, of the Gen-
eral Statutes of North
Carolina.
Notice is given that
an order for posses-
sion of the property
may be issued -pur-
suant to N.C.G.S. §45-
21.29 in favor of the
purchaser 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 oc-
cupies the property
pursuant to a rental
agreement entered
into or renewed on or
after October 1,2007,
may, after receiving
notice of sale, termi-
nate the rental agree-
ment upon 10-days'
written notice to the
landlord. Upon termi-
nation of any such
rental agreement, the
tenant is liable for
rent due under the
rental agreement to
the effective date of
_ the termination.
This the 8th day of
November, 2011.
By: /s/ Wesley L.
Deaton
Wesley L. Deaton,
calls: (1) North 28-53-
43 East 735.20 feet,
Turner property and
with said right of way
the following thirty
seven (37) calls: (1)
South 54-17-24 East
48.62 feet, (2) South
55-03-21 East 48.80.
feet, (3) South 54-51-
54-10-17 East 48.33
feet, (6) South 53-19-
56 East 46.83 feet, (7)
South 50-09-48 East
48.99 feet, (8) South
48-32-56 East 49.83
feet, (9) South 46-52-
43 East 48.65 feet,
(10) South 45-27-12
East 49.98 feet, (11)
South 44-29-55 East
96.83 feet, (12) South
44-16-16 East 95.47
feet, (13) South 44-
19-25 East 96.76 feet,
(14) South 44-53-28
East 95.88 feet, (15)
South 44-43-22 East
. 96.04 feet, (16) South
43-57-31 East 95.97
feet, (17) South 44-
05-36 East 52.14 feet,
(18) South 46-43-12
East 61.68 feet, (19)
* South 47-55-49 East
44.51 feet, (20) South
49-20-30 East 49.63
feet, (21) South 53-
50-22 East 51.62 feet,
(22) South 55-56-06
East 51.21 feet, (23)
South 56-08-26 East
49.05 feet, (24) South
58-12-11 East 52.22
feet, (25) South 59-
27-58 East 75.74 feet,
(26) South 62-32-16
East 96.81 feet, (27)
South 61-33-14 East
105.74 feet, (28)
South 61-08-19 East
101.26 feet, (29)
South 61-26-44 East
101.35 feet, (30)
being more particu- Substitute | Trustee * South 60-56-08 East
larly described as fol- PO. Box 2459 101.43 feet, (31)
lows: Denver, NC 28037 South 57-42-55 East
SEE EXHIBIT“A” (704) 489-2491 76.74 feet, (32) South
A 50-21-59 East 100.57
EXHIBIT “A”
feet, (33) South 36-
47-03 East 51.45 feet,
(34) South 22-22-51
East 53.35 feet, (35)
South 12-00-34 East
53.24 feet, (36) South
01-12-02 East 50.43
feet & (37) South 18-
49-24 West 33.08 feet
to an unmarked point
in said right of way;
thence running
South 58-15-00 West
198.93 feet to an un-
marked point in a
creek, passing an iron
pin at 173.22 feet;
thence running with
said creek the follow-
ing six (6) calls: (1)
North 71-00-23 West
65.63 feet, (2) South
74-01-59 West 97.79
feet, (3) South 41-03-
09 West 254.35 feet,
(4) South 32-01-05
West 115.63 feet, (5)
South 44-07-00 West
90.22 feet, (6) South
32-45-20 West 161.87
feet to an unmarked
point; thence running
with the Bobby White
property the follow-
ing six (6) calls: (1)
North 57-49-41 West
324.17 feet, (2) North
41-49-41 West 361.00
feet, (3) North 30-49-
41 West 204.60 feet
to a large persimmon
tree, (4) South 56-40-
19 West 209.50 feet,
(5) North 77-42-24
West 559.90 feet at
the head of a gully &
(6) North 69-01-18
West 443.50 feet to
the place of BEGIN-
NING, containing
55.39 acres, more or
less according to a
survey by F.R. Ledford
& Associates, PA.
dated May 10,1995.
LESS AND EXCEPTING
Lot Numbers 15-32 of
the Crestview Subdi-
vision as shown on
plat of said subdivi-
sion recorded in Plat
Book 29 at Page 182
of the Cleveland
County Registry.
KMH3394
(11/30/2011 &
12/07/2011)
NOTICE OF TERMINA-
TION OF PARENTAL
RIGHTS NORTH CAR-
OLINA, BURKE
COUNTY IN THE GEN-
ERAL COURT OF JUS-
TICE DISTRICT COURT
DIVISION FILE NUM-
BER: 11 JT 182 TO:
MARYGAIL HOUSTON
NEWTON AND THE
UNKNOWN FATHER
OF CONNER HOUS-
TON NEWTON, -DOB:
3/21/2005 TAKE NO-
TICE, a Petition to Ter-
minate the Parental
Rights of MaryGail
Houston Newton,
mother, and the un-
known father to Con-
ner Houston Newton,
DOB: 3/21/2005, has
been filed in the Ju-
venile Court of Burke
County, North Car-
olina. You are sum-
moned and notified
to answer the peti-
tion. Any written an-
swer to the petition
must be filed within
forty (40) days after
the first date of publi-
cation. ‘A copy of the
answer must also be
served on the peti-.
tioner or. his/her
lawyer. The Court will
conduct a hearing to
determine whether
one or more grounds
alleged in the peti-
tion for terminating
parents rights exist. If
the Court finds that
one or more grounds
exist, the Court will
proceed at the fol-
lowing location:
Burke County Court,
PO Box 796, Morgan-
ton, North Carolina
28680. Any addi-
tional Notices of date,
time and place of the
hearing will be
mailed by the clerk
upon filing of the an-
swer and upon your
provision of mailing
address to the Clerk
of Court at the Burke
County. Additional
Notice to MaryGail
Houston: Newton
and/or unknown fa-
ther of Conner Hous-
ton Newton: If you
do not file a written
answer to the peti-
tion with the Clerk of
Superior Court with
forty (40) days, the
Court may terminate
your parental rights.
You have aright to be
represented by a
lawyer in this case
and preliminary
counsel is appointed
pending .determina-
tion of eligibility. If
you want”a lawyer
and cannot afford
one, the Court will ap-
point a lawyer for
you. You may contact
the Clerk of Superior
Court immediately to
ask for a court-ap-
pointed lawyer. This
isa new case, and any
lawyer appointed to
represent you in an-
other case will not
represent you in this
case unless the Court
appoints that person
again. Note: If a
lawyer is appointed
for you and if the
Court terminates
your parental rights,
you may become li-
able for repayment of
the lawyers fees, and
a judgment for the
amount. of the fees
may be entered
against you. Carolyn
Crouch, Attorney for
Petitioner PO. Box
1007 Newton, North
Carolina 28658 828
466-2706
KMH3395
(12/07-14-21/11)
INTHE GENERAL COURT
OF JUSTICE ~~ SUPE-
RIOR COURT DIVI-
SION CLEVELAND
COUNTY
BEFORE THE CLERK
11SP 514 IN
THE MATTER OF THE
FORECLOSURE ~~ OF~
THE DEED OF TRUST
OF DAVID A.HOWELL
and TERESA A. HOW-
ELL, Mortgagors,
to
JOHN V. SCHWEPPE,
Trustee;
WESLEY L. DEATON,
Substitute Trustee,
BOOK 1622, PAGE 86
FIRST NATIONAL
BANK,
Mortgagee.
Dated March 5, 2003,
recorded in Book
1363, at Page 2227
Securing the original
amount of
$176,000.00
NOTICE OF FORECLO-
SURE SALE
Under and by virtue
of the power of sale
contained in that cer-
tain Deed of Trust ex-
ecuted by DAVID A.
HOWELL and TERESA
A.HOWELL, described
above, in the Cleve-
land County Public
Registry; default hav-
ing been made in the
payment of the in--
debtedness thereby
secured and the said
Deed of Trust being
by the terms thereof
subject to “foreclo-
sure; and the holder
of the indebtedness
thereby secured hav-
ing demanded a fore-
closure thereof for
the purpose of satis-
fying said indebted-
ness; and under and
by virtue of an order
entered in the within
entitled and num-
bered action by the
Clerk of Superior
Court of Cleveland
County, North Car-
olina on the 8th day
of November, 2011,
the undersigned
Trustee will offer for
_ sale at public auction
to the highest bidder
for cash at the Court-
house door in Shelby,
North Carolina at
12:00 p.m. on Thurs-
day the 8th day of
December, 2011, the
land conveyed in said
Deed of Trust, the
same lying and being
in Cleveland County,
North Carolina, and
being more particu-
larly described as fol-
lows: Lying on the
South side of West
Marion Street in the
Town of Shelby, NC
and joining the prop-
erty of Mrs. R.E. Ware
of the South, J.F. Har-
ris on the West and
J.T. Gardner on the
East. BEGINNING at a
stake on the South
edge of Marion Street
at the Northeast cor-
ner of J.F. Harris’ prop-
erty; and runs thence
South 2 West with
Harris’ line 178 feet to
a stake, Harris’ South-
east corner and Mrs. .
R.E.Ware's Northwest
corner; thence East
with Ware's North line
55 5 feet to a stake, a
. new corner; thence a
new line, North 2 East
178 feet, more or less
"to a stake, a new cor-
ner on the South
edge of Marion
Street; thence with
the South’ edge of
said street, West 55 7%
feet to.a stake, the
point of BEGINNING.
It is understood and
agreed on the West
side of the above de-
scribed lot 4 feet has
been reserved for
purpose of an alley
way, J.F. Harris having
agreed to. give the
same amount from
his property adjoin-
ing, thereby making
~an 8 foot alley on the
West side of said lot.
Title Reference: See
Deed Recorded in
Book 1135 Page 803
and re-recorded Book
1137 Page ' 1717,
Cleveland ~ County
Registry.
THIS PROPERTY HAS
THE ADDRESS OF:
607 W. MARION
STREET
SHELBY, NC 28150
This sale is made sub-
ject toall outstanding
and unpaid Cleve-
land County and any
city or town ad val-
orem property taxes
as well as any and all
other prior liens, de-
fects and encum-
brances involving
said property, as well
as a Clerk's fee of $.45
per $100 on the pur-
chase price.
Notice is further
hereby given that the
successful bidder will
be required to make
a cash deposit 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 con-
ducted pursuant to
and subject to all of
the provisions of
Chapter 45, as
amended, of the Gen-
eral Statutes of North
-Carolina.
Notice is given’ that
an order for posses-
sion of the property
may be issued pur-
suant to N.C.G.S. §45-
21.29 in favor of the
purchaser * 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 oc-
cupies the property
pursuant to a rental
agreement entered
into or renewed on or
after October 1,2007,
may, after receiving
hotice of sale, termi-
nate the rental agree-
ment upon-10 days’
written notice to the
landlord.2Upon termi-
nation of any such
rental agreement, the
tenant is liable for
rent due under the
rental agreement to
‘the effective date of
the termination.
This the 8th day of
November, 2011.
By: /s/ Wesley L.
Deaton
Wesley L. Deaton,
Substitute Trustee
P.O. Box 2459
Denver, NC 28037
(704) 489-2491
KMH3392
(11/30/2011
& 12/07/2011)
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