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Wednesday, July 10, 2013
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NORTH CAROLINA
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
CLEVELAND COUNTY
BEFORE THE CLERK
13SP239.
INTHE MATTER OF THE FORECLOSURE OF
THE DEED OF TRUST OF CHARLES L.
ROGERS AND BARBARA S. ROGERS,
Mortgagors,
to
THOMAS W. MARTIN, Trustee;
WESLEY L. DEATON, Substitute Trustee,
NOTICE OF FORECLOSURE SALE
BOOK 1654, PAGE 2268
THE EUGENE D. MAAS LIVING TRUST
DATED NOVEMBER 18, 2008,
Mortgagee.
Dated February 20, 2009, recorded in
Book 1570, at Page 758
Securing the original amount of
$45,976.50 \
Under and by virtue of the power of sale
contained in that certain Deed of Trust ex-
ecuted by CHARLES L. ROGERS AND BAR-
BARA S. ROGERS, described above, in the
Cleveland 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 foreclosure; and the
holder of the indebtedness thereby se-
cured ‘having ‘demanded a foreclosure
thereof for the purpose 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 26th day of June, 2013,
the undersigned Trustee will offer for sale
at public auction to the highest bidder for
cash at the Courthouse door in Shelby,
North Carolina at 12:00 p.m. on Wednes-
day the 24th day of July, 2013, 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 follows:
Being located in Cleveland Springs Es-
tates and being Lot 3 as shown on plat
made for Blanton-Lackey-Vaughan by K.E.
Mauney, R.S.dated 1/15/59 as recorded in
Plat Book 7, Page 102, Cleveland County
Registry, reference being made to said
plat for further description of the forego-
ing lot.
Title reference: Book 1569, Page 115 of
“the Cleveland County Registry.
Tax parcel number 26705.
THIS PROPERTY HAS THE ADDRESS OF:
212 Country Club Road, Shelby, NC 28150
This sale is made subject to all excise and
transfer taxes, all outstanding and unpaid
Cleveland County and any city or town ad
valorem property taxes as well as any and
all other prior liens, defects 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 conducted pursuant to and
subject to all of the provisions of Chapter
45, as amended, of the General 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.8§45-21.29 in favor of the
purchaser and against the party or par-
ties in possession by the Clerk of Superior
Court of the County in which the prop-
erty is sold.
Any person who occupies the property
pursuant to a rental agreement entered
into or renewed on or after October 1,
2007, may, after receiving notice of sale,
terminate the rental agreement upon 10
days’ written notice to the landlord. Upon
_ termination of any such rental agree-
ment, the tenant is liable for rent due
under the rental agreement to the effec-
tive date of the termination.
This the 26th day of June, 2013.
By: /s/ Wesley L. Deaton, Substitute
Trustee
P.O. Box 2459, Denver, NC 28037
(704) 489-2491
KMH3536 (7/10 & 17/13)
CITY OF KINGS MOUNTAIN
NOTICE OF PUBLIC HEARING
JULY 30,2013
6:00 PM
CITY COUNCIL CHAMBERS
CITY HALL
NOTICE OF PUBLIC HEARING ON REQUEST
FOR CONTIGUOUS ANNEXATION
The public will take notice that the City
Council of the City of Kings Mountain has
called a public hearing at 6:00 PM. on the
30th day of July, 2013, at the City. Hall
Council Chambers on the question of an-
nexing the following described contigu-
ous territory, requested by petition filed
by Morgan Place Company, LLC pursuant
to G.S.160A-31, as amended.
The request contains .3263 Acres per the
plat and deed recorded in the Office of
the Register of Deeds for Cleveland
County.
The parcel is also identified as Tax Map 4-
26, Block 1, Lots 52,7 and 2, Parcels 56260,
10862 and 10873.
A map of the subject area is available for
inspection at the City of Kings Mountain
City Hall, 101 West Gold Street, Kings
Mountain, NC.
/s/ Ann L.Sessom, City Clerk
KMH3537 (7/10 &17/13)
NORTH CAROLINA
INTHE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
CLEVELAND COUNTY
BEFORE THE CLERK
13SP 173
INTHE MATTER OF THE FORECLOSURE OF
A DEED OF TRUST FROM VENTURE Il IN-
VEST INC., DATED DECEMBER 6, 2006,
RECORDED IN ‘BOOK 1506, PAGE 803,
CLEVELAND COUNTY REGISTRY
NOTICE OF FORECLOSURE SALE
Pursuant to an order entered May 15,
2013, in the Superior Court for Cleveland
County, and the power of sale contained
in the captioned deed of trust (“Deed of
Trust”), the undersigned Substitute
Trustee will offer for sale at auction, to the
highest bidder for cash,
AT THE COURTHOUSE DOOR IN SHELBY,
CLEVELAND COUNTY, NORTH CAROLINA
ON JULY 18,2013 AT 10:00 A.M.
the real estate and the improvements
thereon secured 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 Carolina, and
being more particularly described as fol-
lows:
Lying and being in Number Nine (9)
Township, Cleveland County, N.C, being .
located on the West side of NC Highway
18 (Fallston Road), and on the South side
of Boggs Road, being bounded on the
South and West by Elliott, and being de-
scribed by metes and bounds as follows:
Beginning at a magnetic nail set in or just
East of the centerline of the right of way
of NC Highway 18 (Fallston Road), North-
east corner of the Jean Y. Elliott property;
thence with Elliott's North line, North 88-
01-04 West 347.44 feet to an iron set;
thence North 44-35-32 East 49.50 feet to
an iron set; thence North 00-35-04 West
83.44 feet to a magnetic nail set in the
centerline of the right of way of Boggs
Road; thence with the centerline of the
right of way of Boggs Road, South 89-54-
28 East 310.73 feet to a magnetic nail set
in the centerline of the right of way of NC
Highway 18; thence along or near the
centerline of the right of way of NC High-
way 18, South 01-08-53 East 130.23 feet
. to the point of Beginning, containing .90
acres more or less, according to a survey
by Forest H. Houser, R.L.S., dated May 9,
2006.
Title reference: Book 1174, Page 772,
Cleveland County Registry.
In the Trustee's sole discretion, the sale
may be delayed for up to one (1) hour as
provided in Section 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 Venture Il Invest Inc.
A five percent cash deposit, or a cash de-
posit of $750.00, whichever is greater, will
be required 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 un-
dersigned Substitute Trustee shall convey
title to the property by honwaranty.
deed.
This sale will be-made subject to-all prior
liens of record, if any, and to all unpaid ad
valorem taxes and special assessments, 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 re-
deem the above-described property fora
period of 120 days following the date
when the final upset bid period has run.
The purchaser of the property described
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
7A308(a)(1) of the North Carolina General
Statutes. If the purchaser of the above de-
scribed property is someone other than
the Beneficiary under the Deed of Trust,
the purchaser shall also pay, to the extent
applicable, the land transfer tax in the
amount of one ‘percent (1%) of the pur-
chase price.
To the extent this sale involves residential
property with less than fifteen (15) rental
units, you are hereby notified of the fol-
lowing:
(a.) An order for possession of the prop-
erty may be issued pursuant to Section
45-21.29 of thé North Carolina General
Statutes in favor of the purchaser and
against the party or parties in possession
by the clerk of superior court of the
county in which the property is sold; and
(b.) Any person who occupies the prop-
erty pursuant to a rental agreement en-
tered into or renewed on-or after October
1,2007, may, after receiving the notice of
sale, terminate the rental agreement
upon 10 days’ written notice to the land-
lord. Upon termination of a rental agree-
ment, the tenant is liable for rent due
under the rental agreement prorated to
the effective date of the termination.
This 15th day of May, 2013.
John W. Fletcher, lll, Esq.
Substitute Trustee
719 East Boulevard, Charlotte, NC 28203
Telephone: (704) 372-5600
KMH3535 (7/10 & 17/13)
Kings Mowrtan. I's
"OUR
Community.
NORTH CAROLINA
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
CLEVELAND COUNTY
BEFORE THE CLERK
13 SP 215
INTHE MATTER OF THE FORECLOSURE
OF THE DEED OF TRUST OF DOCKERY FU-
NERAL HOME, INC; :
CARL J. DOCKERY, JR., TRUSTEE and
INDIVIDUALLY, and wife
CHLOE R. DOCKERY;
PAUL EDWARD DOCKERY and wife
GILDA L. DOCKERY; and
CHARLES D.DOCKERY and wife
AMELIA DOCKERY
Mortgagors,
NOTICE OF FORECLOSURE SALE
to CHARLES W.WRAY, JR. Trustee;
JEFFREY A. TAYLOR, Substitute Trustee,
BOOK 1655, PAGE 740
FIRST NATIONAL BANK,
Mortgagee.
Dated June 29, 2000, recorded in Book
1275, at Page 0097
Securing the original amount of
$270,831.72
Under and by virtue of the power of sale
contained in that certain Deed of Trust ex-
ecuted by DOCKERY FUNERAL HOME,
INC., CARL J. DOCKERY, JR., TRUSTEE and
INDIVIDUALLY, and wife CHLOE R. DOCK-
ERY, PAUL EDWARD DOCKERY and wife
GILDA L.DOCKERY, CHARLES D.DOCKERY
and wife M. AMELIA DOCKERY, described
above, in the Cleveland County Public
Registry; default having been made in the
payment of the indebtedness thereby se-
cured and the said Deed of Trust being by
the terms thereof subject to foreclosure;
and the holder of the indebtedness
thereby secured having demanded a
foreclosure thereof for the purpose of sat-
isfying said indebtedness; and under and
by virtue of an order entered in the within
entitled and numbered action, by. the.
Clerk of Superior €ourt of Cleveland
County, North Carolina on the 19th day of
June, 2013, the undersigned Trustee will
offer for sale at public auction to the high-
est bidder for cash at the Courthouse
door in Shelby, North Carolina at 12:00
p.m. on Wednesday the 17th day of July,
2013, the land conveyed in said Deed of
Trust, the same lying and being in Cleve-
land County, North Carolina, and being
more particularly described as follows:
SEE EXHIBITS “A"-"C"
THESE PROPERTIES HAVE THE FOLLOW-
ING ADDRESSES:
© = 711 Buffalo Street, Shelby, NC 28150
+ 605 Buffalo Street, Shelby, NC 28150
+ 1519 Charles Road, Shelby, N.C. 28152
This sale is made subject to all transfer or
excise taxes, outstanding and unpaid
Cleveland County and any city or town ad
valorem property taxes as well as any and
all other prior liens, defects 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 conducted pursuant to and
subject to all of the provisions of Chapter
45, as amended, of the General 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 par-
ties in possession.by the Clerk of Superior
Court of the County in which the prop-
erty is sold.
Any person who occupies the property
pursuant to a rental agreement entered
into or renewed on or after October 1,
2007, may, after receiving notice of sale,
terminate the rental agreement upon 10
days’ written notice to the landlord. Upon
termination of any such rental agree-
ment, the tenant is liable for rent due
under the rental agreement to the effec-
tive date of the termination.
This the 19th day of June, 2013.
By: /s/ JEFFREY A. TAYLOR, Substitute
Trustee
EXHIBIT “A”
Being located in the Northeastern section
of the City of Shelby, and being on the
West side of Buffalo Street and the South
side of Weathers Street; and being de-
scribed by metes and bounds as follows:
BEGINNING at a stake in the West edge of
Buffalo Street, the same being an old iron
stake designated as the Northeast corner
of the Gaffney property; thence with the
North line of the Gaffney property, North
84-30 West 86 feet to an iron stake, an old
corner; thence with a hedgerow, North 7-
30 East 81.85 feet to an iron stake, an old
corner in the South edge of Weathers
Street; thence with the South edge of
Weathers Street, South 84-33 East 155.89
feet to a stake at a point where the South
side of Weathers Street intersects with the
West edge of Buffalo Street; thence with
the West edge of Buffalo Street, South 47-
07 West 109.5 feet to the place of BEGIN-
NING, according to a survey by Findlay,
Withers and McConnaughey Company,
made on June 27, 1960.
TITLE REFERENCE: See Deed recorded in
Book 16-B at Page 35 of the Cleveland
County, N.C., Registry.
TAX MAP NO: $18-6-33
The above described property is known
as 711 Buffalo Street, Shelby, NC 28150.
EXHIBIT “B”
TRACT ONE: Being a lot in the Town of
Shelby, on the East side of Brick Street;
and being described by metes ‘and
bounds as follows: :
BEGINNING at an iron stake in the East
edge of Brick Street, the said stake being
north 22-30 West 124 feet from the center
of the Seaboard Railway tract where
same is crossed or adjoins Brick Street,
and being also the Northwest corner of
Lot “A” of said property which was sold by
the Shelby Building and Loan Association
to Clara E. Newman; and runs thence with
the East edge of Brick Street, North 22-30
West 40 feet to a stake in the edge of said
street, the same being the Southwest cor-
ner of a lot marked “C” and also sold to
Clara E. Newman; thence with line of said
lot, North 68-02 East 97 feet to an iron
stake in the old line, the Southeast corner
of Lot “C’ thence with the old line, North
.. 72-20 East 112 feet to an iron:stake, an.old
corner; thence with theold line, South 23-
00 West 108 feetto a stake in theiold line,
the Northeast corner of Lot “A”; thence
with the line of Lot “A? South 85-00 West
139 feet to the place of BEGINNING, the
same being a part of property owned by
the Shelby Building and Loan, and a sur-
vey made and this being Lot “B” of same.
TITLE REFERENCE: See Deed of record in
Book 4-N, Page 12 and Book 1256 at Page
0880 of the Cleveland County, N.C. Reg-
istry.
TRACT TWO: Being in the City of Shelby,
on the East side of Brick Street, just North
of the S.A.L. Railway tract; and being de-
scribed by metes and bounds as follows:
BEGINNING at a stake in the East edge of
Brick Street, the said stake being North
22-30 West 50 feet from the center of the
S.A.L.Railway tract; and runs thence North
22-30 West 74 feet to a stake in the edge
of said street, a new corner; thence a new
line, North 85 East 139 feet to a stake in
the old line, a new corner; thence with the
old line, South 23 West 42 feet to a stake,
an old corner, the same being 50 feet
from the center of the tract of the S.A.L.
Railway; thence with the old line and par-
allel with the S.A.L. Railway track, South
67-50 West 100 feet to the place of BE-
GINNING.
TITLE REFERENCE: See Deed of record in
Book 4-Z, Page 188 and Book 1256 at
Page 0880 of the Cleveland County, N.C,
Registry.
TAX MAP NO: S18-7-6
The above described property is known
as 605 Buffalo Street, Shelby, NC 28150.
EXHIBIT “C”
Adjoining the lands of Linton C. Barnett
on the North, West and South; and being
described by metes and bounds as fol-
lows:
BEGINNING at a stake in Linton Barnett’s
line in the East edge of a farm road, 324
feet from the corner of Linton Barnett’s
63.3 acre tract which joins Garland Bor-
ders on the South; and runs thence with
Linton Barnett’s ling, North 17-35 East 125
feet to a stake in edge of farm road;
thence a new line, South 72-30 East 110
feet to a stake in Garland Borders line;
thence with Borders line, South 17-35
West 125 feet to a stake; thence a new
line, North 72-30' West 110 feet to the
place of BEGINNING, containing 13,750
square feet.
TITLE REFERENCE: See Deed recorded in
Book 1256 at Page 0880 of the Cleveland
County, N.C., Registry.
TAX MAP NO: 6-79B-1-76
The above described property is known
as 1519 Charles Road, Shelby, N.C. 28152.
KMH3534 (7/03 &10/13)
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