Foreclosure notices

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STATE OF NORTH CAROLINA

COUNTY OF NEW HANOVER

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NUMBER: 14 SP 1000

IN THE MATTER OF THE FORECLOSURE

OF LAND COVERED BY THAT CERTAIN

DEED OF TRUST GIVEN BY KEVIN J. HOEY

AND MARY ANN COTRONE, husband and wife

TO KENNETH W. MABE TRUSTEE for

SECURITY SAVINGS BANK AND SUBSEQUENTLY

JERRY A. MANNEN, JR., SUBSTITUTE TRUSTEE

DATED: July 16, 2008

Recorded in Book 5336; Page 774

Substitution of Trustee Recorded

in Book 5858; Page 1097

New Hanover County Registry

NOTICE OF TRUSTEE’S SALE

BY VIRTUE of authority contained in a certain Deed of Trust from Kevin J. Hoey and wife, Mary Ann Cotrone a/k/a Mary Ann Catrone  to Kenneth W. Mabe,  Trustee, and subsequently to Jerry A. Mannen, Jr., Substitute Trustee, dated July 16, 2008 and recorded in Book 5336; Page 774 of the New Hanover County Registry, and by virtue of the Order of the Clerk of Superior Court of New Hanover County, North Carolina, pursuant to Chapter 45 of the General Statutes of North Carolina, default having been made in the payment of the indebtedness thereby secured and failure to do and perform the stipulations and agreements therein contained,  I will on Friday, December 9, 2016 at 12:00 P.M. (Noon)  at the Courthouse Door of the New Hanover County Courthouse, 316 Princess Street  in Wilmington, North Carolina or the usual and customary location at the New Hanover County Courthouse in Wilmington, North Carolina offer for sale at public auction to the highest bidder for Cash, the following described lands:

BEGINNING AT A POINT IN THE EASTERN LINE OF EIGHTH STREET 55 FEET SOUTHWARDLY FROM ITS INTERSECTION WITH THE SOUTHERN LINE OF PRINCESS STREET; RUNNING THENCE SOUTHWARDLY ALONG SAID EASTERN LINE OF EIGHTH STREET 55 FEET; THENCE EASTWARDLY, PARALLEL WITH PRINCESS STREET 66 FEET; THENCE NORTHWARDLY, PARALLEL WITH EIGHTH STREET 55 FEET; THENCE WESTWARDLY, PARALLEL WITH PRINCESS STREET 66 FEET TO THE EASTERN LINE OF EIGHTH STREET, THE POINT OF BEGINNING; THE SAME BEING PART OF LOTS 1 AND 2 IN BLOCK 172 ACCORDING TO THE WILMINGTON OFFICIAL PLAN; AND BEING THE SAME PROPERTY CONVEYED TO DAVID DURMAN AND WIFE LUCIDA M. DURMAN, BY THAT DEED RECORDED IN THE NEW HANOVER COUNTY REGISTRY IN BOOK 1184 AT Page 720.

THIS CONVEYANCE IS SUBJECT TO ALL VALID AND ENFORCEABLE EASEMENTS AND ENCUMBRANCES OF RECORD.

And being the same property obtained by Grantor in Deed Book 1814; Page 561 of the New Hanover County Registry.

FURTHER SUBJECT, HOWEVER, TO ALL OUTSTANDING AND

UNPAID TAXES AND ALL PRIOR LIENS, ENCUMBRANCES OR EXCEPTIONS OF RECORD.

The above-described property contains the land and improvements together with all the appurtenances and fixtures thereunto, appertaining of Kevin J. Hoey and wife, Mary Ann Cotrone a/k/a Mary Ann Catrone and being the same property having Tax Parcel Identification Number RO4817-026-002-000 and being more commonly known as 16 North Eighth Street, Wilmington, NC 28401. 

To the best of the knowledge and belief of the undersigned the current owner(s)

Of the property according to the New Hanover County Register of Deeds not more than ten (10) days prior to the Posting of this Notice is/are Kevin J. Hoey and wife Mary Anne Cotrone a/k/a Mary Ann Catrone.

The terms of the sale are as follows:  A cash deposit of the greater of five percent (5%) of the amount bid or seven hundred fifty ($750.00) dollars will be required at the sale; balance due upon delivery of the Deed.  Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed.  This sale will be held open for ten (10) days for upset bids as required by law.

This sale will be made subject to all outstanding and unpaid taxes and all prior liens of record and any assessments that may be due or past due.  There are no representations of warranty relating to the title or any physical, environmental, health, or safety conditions existing in, on, at, or relating to the property being offered for sale and the property will be sold “AS IS”, “WHERE IS”.

If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons for such inability to convey include, but are not limited to, the filing of Bankruptcy prior to the completion of the sale and/or the reinstatement of the loan.   

NOTICE TO OCCUPANTS:

1.  That an Order for Possession of the property may be issued pursuant to G.S. 45-21.29 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.

2.   Any tenant who resides in a residential real property containing less than 15 rental units that is being sold in a foreclosure proceeding who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at the time that would have been required by the terms of the rental agreement.  The tenant is not liable for any other rent or damages due only to the early termination of the tenancy.

This the 10th day of November, 2016.

Jerry A. Mannen, Jr. Substitute Trustee

North Carolina State Bar No. 17498

102 N. Fifth Avenue, Wilmington, NC 28401

Telephone:  (910) 762-2421

Facsimile: (910) 251-9247

Email: jmannen@yfmlaw.com

YOW, FOX & MANNEN, L.L.P.

ATTORNEYS AT LAW

12/1 and 12/8/2016

STATE OF NORTH CAROLINA

COUNTY OF NEW HANOVER

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NUMBER: 14 SP 1001

IN THE MATTER OF THE FORECLOSURE

OF LAND COVERED BY THAT CERTAIN

DEED OF TRUST GIVEN BY KEVIN J. HOEY

AND MARY ANN CATRONE, husband and wife

TO KENNETH W. MABE TRUSTEE for

SECURITY SAVINGS BANK AND SUBSEQUENTLY

JERRY A. MANNEN, JR., SUBSTITUTE TRUSTEE

DATED: September 18, 2009

Recorded in Book 5438; Page 1730

Substitution of Trustee Recorded

in Book 5858; Page 1094

New Hanover County Registry

NOTICE OF TRUSTEE’S SALE

BY VIRTUE of authority contained in a certain Deed of Trust from Kevin J. Hoey and wife, Mary Ann Catrone a/k/a Mary Ann Cotrone  to Kenneth W. Mabe,  Trustee, and subsequently to Jerry A. Mannen, Jr., Substitute Trustee, dated September 18, 2009 and recorded in Book 5438; Page 1730 of the New Hanover County Registry, and by virtue of the Order of the Clerk of Superior Court of New Hanover County, North Carolina, pursuant to Chapter 45 of the General Statutes of North Carolina, default having been made in the payment of the indebtedness thereby secured and failure to do and perform the stipulations and agreements therein contained,  I will on Friday, December 9, 2016 at 12:00 P.M. (Noon)  at the Courthouse Door of the New Hanover County Courthouse, 316 Princess Street  in Wilmington, North Carolina or the usual and customary location at the New Hanover County Courthouse in Wilmington, North Carolina offer for sale at public auction to the highest bidder for Cash, the following described lands:

Tract 1: BEGINNING IN THE EASTERN LINE OF FIFTH STREET, ONE HUNDRED AND FORTY-ONE FEET SOUTHWARDLY FROM THE INTERSECTION OF THE SOUTHERN LINE OF CHURCH STREET WITH THE EASTERN LINE OF FIFTH STREET, RUNS THENCE SOUTHWARDLY AND ALONG THE SAID LINE OF FIFTH STREET TWENTY-EIGHT AND ONE HALF FEET; THENCE EASTWARDLY AND PARALLEL WITH CHURCH STREET SIXTY-SIX FEET; THENCE NORTHWARDLY AND PARALLEL WITH FIFTH STREET TWENTY-EIGHT AND ONE HALF FEET; THENCE WESTWARDLY AND PARALLEL WITH CHURCH STREET SIXTY-SIX FEET TO THE EASTERN LINE OF FIFTH STREET, THE POINT OF BEGINNING; THE SAME BEING PART OF LOT 3 IN BLOCK 91 ACCORDING TO THE OFFICIAL PLAN OF THE CITY OF WILMINGTON, N.C.

Tract 2: BEGINNING AT A POINT IN THE WESTERN LINE OF PRICE’S ALLEY 141 FEET SOUTHWARDLY FROM THE SOUTHERN LINE OF CHURCH STREET AND BEING THE NORTHEASTERN MOST CORNER OF TRACT 3 OF THE PROPERTY ACQUIRED BY KAFAFAS BY DEED RECORDED IN BOOK 1133 AT PAGE 1297 OF THE NEW HANOVER COUNTY REGISTRY, AND RUNNING THENCE WESTWARD PARALLEL WITH CHURCH STREET FORTY TWO FEET; THENCE SOUTHWARDLY PARALLEL WITH PRICE’S ALLEY TWENTY-EIGHT AND ONE-HALF FEET; THENCE EASTWARDLY PARALLEL WITH CHURCH STREET FORTY-TWO FEET TO THE WESTERN LINE OF PRICE’S ALLEY; THENCE NORTHWARDLY ALONG THE WESTERN LINE OF PRICE’S ALLEY TWENTY-EIGHT AND ONE-HALF FEET TO THE POINT OF BEGINNING, THE SAME BEING PART OF LOTS 2 AND 3, IN BLOCK 91, ACCORDING TO THE OFFICIAL PLAN OF WILMINGTON, NORTH CAROLINA.

TOGETHER WITH AN EASEMENT TEN FEET IN WIDTH, RUNNING ALONG THE ENTIRE SOUTHERN BORDER OF TRACTS 1 AND 2 OF THE PROPERTY ACQUIRED BY KAFAFAS BY DEED RECORDED IN BOOK 1133 AT PAGE 1297 OF THE NEW HANOVER COUNTY REGISTRY, AND BEING BOUNDED ON THE SOUTH BY THE SOUTHERN BOUNDARY LINE OF SAID TRACTS, SAID EASEMENT TO BE FOR THE PURPOSE OF INGRESS AND EGRESS TO AND FROM THE HERETOFORE DESCRIBED PARCEL OF PROPERTY, AND ONLY FOR SAID PURPOSE.

And being the same property obtained by Grantor in Deed Book 1818; Page 116 and 1819; Page 462 of the New Hanover County Registry.

FURTHER SUBJECT, HOWEVER, TO ALL OUTSTANDING AND

UNPAID TAXES AND ALL PRIOR LIENS, ENCUMBRANCES OR EXCEPTIONS OF RECORD.

The above-described property contains the land and improvements together with all the appurtenances and fixtures thereunto, appertaining of Kevin J. Hoey and wife, Mary Ann Catrone a/k/a Mary Ann Cotrone and being the same property having Tax Parcel Identification Numbers RO5409-005-002-000 and RO5409-005-010-000 and being more commonly known as 509 South Fifth Avenue, Wilmington, NC 28401. 

To the best of the knowledge and belief of the undersigned the current owner(s)

Of the property according to the New Hanover County Register of Deeds not more than ten (10) days prior to the Posting of this Notice is/are Kevin J. Hoey and wife Mary Anne Catrone a/k/a Mary Ann Cotrone.

The terms of the sale are as follows:  A cash deposit of the greater of five percent (5%) of the amount bid or seven hundred fifty ($750.00) dollars will be required at the sale; balance due upon delivery of the Deed.  Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed.  This sale will be held open for ten (10) days for upset bids as required by law.

This sale will be made subject to all outstanding and unpaid taxes and all prior liens of record and any assessments that may be due or past due.  There are no representations of warranty relating to the title or any physical, environmental, health, or safety conditions existing in, on, at, or relating to the property being offered for sale and the property will be sold “AS IS”, “WHERE IS”.

If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons for such inability to convey include, but are not limited to, the filing of Bankruptcy prior to the completion of the sale and/or the reinstatement of the loan.   

NOTICE TO OCCUPANTS:

1.  That an Order for Possession of the property may be issued pursuant to G.S. 45-21.29 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.

2.   Any tenant who resides in a residential real property containing less than 15 rental units that is being sold in a foreclosure proceeding who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at the time that would have been required by the terms of the rental agreement.  The tenant is not liable for any other rent or damages due only to the early termination of the tenancy.

This the 10th day of November, 2016.

Jerry A. Mannen, Jr. Substitute Trustee

North Carolina State Bar No. 17498

102 N. Fifth Avenue, Wilmington, NC 28401

Telephone:  (910) 762-2421

Facsimile: (910) 251-9247

Email: jmannen@yfmlaw.com

YOW, FOX & MANNEN, L.L.P.

ATTORNEYS AT LAW

12/1 and 12/8/2016

AMENDED NOTICE OF FORECLOSURE SALE

14 SP 895

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Richard Erik Berg, an unmarried man to TRSTE, Inc., Trustee(s), dated the 20th day of December, 2006, and recorded in Book 5120, Page 1871, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on December 20, 2016 and will sell to the highest bidder for cash the following real estate situated  in the County of New Hanover, North Carolina, and being more particularly described as follows:

BEING ALL of Lot 46, SMITH CREEK ESTATES Subdivision, as the same is shown on a map thereof recorded in Map Book 19, Page 14, New Hanover County Registry, reference to said map being hereby made for a more particular description

Together with improvements thereon, said property located at 6231 Murrayville Road, Wilmington, NC 28411

Parcel ID Number: R03506-003-002-000

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.  Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.  Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant 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 superior court of the county in which the property 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 the notice of foreclosure sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days but not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination.  Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

Phone No: (910) 864-3068

https://sales.hutchenslawfirm.com

Case No: 1145574 (FC.FAY)

12/8 and 12/15/2016

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