NC0032875_Tearsheet (Affidavit)_20230711

6B I THE NEWS & OBSERVER I THE HERALD -SUN
FRIDAY APRIL 28 2023
MATT STONE USA TODAY NETWORK
Kentucky Derby horse Wild On Ice trains with Ken Tohill aboard during a Thursday
morning workout at Churchill Downs. Wild On Ice pulled up on the backstretch after
running five furlongs, favoring his left hind leg. The horse was later euthanized because
of a fracture.
NC DIV. OF ENERGY, MINERAL AND LAND RESOURCES'
INTENT TO ISSUE THE FOLLOWING
STORMWATER DISCHARGE PERMIT
The Division of Energy, Mineral, and Land Resources (DEMLR) invites public
comment on, or objections to, the permitting actions listed below. DEMLR intends
to revise and re -issue the following NPDES industrial stormwater General Per-
mits with proposed re -issuance date June 1, 2023. The public comment period
begins at 9:00 am on April 17, 2023 and ends at 5:00 pm on May 17, 2023.
• NCGO50000 for Apparel, Printing, Leather, and Rubber stormwater dis-
charges, proposed issuance date June 1, 2023
• NCG070000 for Stone, Clay, and Glass stormwater discharges, pro-
posed issuance date June 1, 2023
• NCG110000 for Treatment Works stormwater discharges, proposed
issuancedate June 1, 2023
• NCG130000 for Non-metal Waste and Scrap stormwater discharges,
proposed issuance date June 1, 2023
• NCG210000 for Timber Products stormwater discharges, proposed
issuance date June 1, 2023
Persons wishing to comment or object may submit written comments to the ad-
dress below by the due dates indicated. All comments received prior to the
dates will be considered in the final determinations regarding permit issuance.
Public comments may result in changes to the proposed permitting actions. All
comments should reference the specific permitting actions listed below and the
permit number.
IPLO120132
Apr 28 2023
DURHAM COUNTY
Legal Notice
Request for Qualifications
Progressive Design -Build Services for
Chin Page Lift Station, Force Main, and Outfall
(RFQ No. 23-035)
The County of Durham will receive sealed proposals for Progressive De-
sign -Build Services for Chin Page Lift Station, Force Main, and Ouffall until 2:00
P.M., Eastern Time, on May 25, 2023, in the Durham County Purchasing Division,
201 East Main Street, 7th Floor, Room 703, Durham, North Carolina 27701. No
proposals will be accepted after the official time and date.
An electronic copy of this Request for Qualifications (RFQ) can be obtained from
Durham County's eBid System located under Bid Opportunities at https://www.
dconc.gov/county-departments/departments-f-z/finance/bid -opportunities.
Proposers can download a copy of the solicitation and all addenda without reg-
istering in the System. However, in order to automatically receive email notifica-
tions of solicitations and addenda issued by the Purchasing Division, Proposers
MUST register in the eBid System.
Questions concerning administrative matters should be directed to Hilda W. Wil-
liams, Senior Procurement Specialist, at [phone] or via email at purchas-
[e-mail].
The County reserves the right to accept or reject such proposals as appears in
its judgment to be in the best interest of the County.
Publication Date: April 28, 2023
IPLO120486
Apr 28 2023
SUBSTITUTE TRUSTEE'S NOTICE OF
FORECLOSURE SALE OF REAL PROPERTY
contained within that certain Deed of Trust executed and delivered by Lucy E
Hayes dated February 20, 2008 and recorded on February 25, 2008 in Book
5877 at Page 849 in the Office of Register of Deeds of Durham County, North
Carolina. As a result of a default in the obligations contained within the Promis-
sory Note and Deed of Trust and the failure to carry out and perform the stipula-
tions and agreements contained therein, the holder of the indebtedness secured
by said Deed of Trust made demand to have the default cured, which was not
met. Therefore, the undersigned Substitute Trustee will place for sale that parcel
of land, including improvements thereon, situated, lying and being in the City of
Durham, County of Durham, State of North Carolina, and being more particularly
described in the heretofore referenced Deed of Trust. Said sale will be a public
auction, to the highest bidder for cash, at the usual place of sale at the Durham
County Courthouse, Durham, North Carolina, on May 4, 2023 at 12:00 PM Prop-
erty Address: 2323 Englewood Ave, Durham, NC 27705 Tax Parcel ID: 103738
Present Record Owners: The Heirs of Lucy E. Hayes The terms of the sale are
that the real property hereinbefore described will be sold for cash to the highest
bidder. A deposit of five percent (5%) of the amount of the bid 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. The successful bidder will
be required to pay revenue stamps on the Trustee's Deed, any Land Transfer
Tax, and costs for recording the Trustee's Deed. The real property hereinabove
described is being offered for sale "AS IS, WHERE IS" and will be sold subject to
all superior liens, unpaid taxes, special assessments, and other encumbrances.
Other conditions will be announced at the sale. The sale will be held open for
ten (10) days for upset bids, as by law required. The sale will not confirm until
there have been ten (10) consecutive days with no upset bids having been filed.
If for any reason the Trustee is unable to convey title to this property, or if the sale
is set aside, the sole remedy of the purchaser is the return of the bid deposit.
Furthermore, if the mvalidity of the sale is challenged by any party, the Trustee,
in its sole discretion, If it believes the challenge to have merit, may declare the
sale to be void and return the bid deposit. In either event, the purchaser will
have no further recours against the Mortgagor, the Mortgagee, the Mortgagee's
attorney, or the Trustee. Additional Notice Required for Residential Real Property
with Less Than Fifteen (15) Rental Units: 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. 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 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 ten (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 temrination
of a rental agreement, the tenant is liable for rent due under the rental agreement
prorated to the effective date of the termination. Posted: Witness: Assistant/Dep-
uty Clerk of Superior Court Albertelli Law Partners North Carolina, PA., Substitute
Trustee By: Adam Palmersheim Albertelli Law Partners North Carolina, PA. 205
Regency Executive Park Drive, Suite 100 Charlotte, NC 28217 Tel: 704-970-
0391 22-SP-23H21-0075954 A-4780974 04/21 /2023, 04/28/2023
IPLO118137
Apr 21,28 2023
Wild On Ice
euthanized after
workout injury
Field Level Media
Sunland Derby winner
Wild On Ice was euthan-
ized Thursday, hours after
suffering a hind leg injury
during a workout.
"Wild On Ice gave us so
many great moments,"
Wild On Ice owner Frank
Sumpter said. "He'll for-
ever be remembered. It's a
sad situation. My heart
goes out to the team, train-
er Joel Marr and everyone
who helped us get to this
point. These horses give us
so many great moments in
life and our team puts in so
many hours taking care of
the horses. He had a frac-
ture in his hind leg and it
was determined he
Public Notice
State of North Carolina/Environmental Management Commission
1617 Mail Service Center,
Raleigh, NC 27699-1617
Notice of Intent to Issue a NPDES wastewater permit.
The North Carolina Environmental Management Commission proposes to issue
a NPDES wastewater discharge permit to the person(s) listed below. Luther
Thomas Harden requested renewal of NPDES Permit NC0037869/Arbor Hill Mo-
bile Home Park/Orange County. Facility discharges into Stony Creek/Neuse Riv-
er Basin. Currently BOD5, ammonia nitrogen, fecal coliform, dissolved oxygen,
and total residual chlorine are water quality limited. NCO032875: Kinder Morgan
Southeast Terminals, LLC requested renewal of permit for Selma Terminal #4/
Johnston County. Facility discharges treated stormwater to UT of Mill Creek,
Neuse River Basin. Currently, total suspended solids (rSS) are water quality lim-
ited. Written comments regarding the proposed permit will be accepted until 30
days after the publish date. The Director of the NC Division of Water Resources
may hold a public hearing should there be a significant degree of public interest.
Interested persons may visit the DWR at 512 N. Salisbury Street, Raleigh, NC,
27699. Please mail comments and/or information requests to DWR at the ad-
dress listed above. Additional information on NPDES permits and this notice may
be found on our website: http://deq.nc.gov/about/divisions/water-resources/
water -resources -perm its/wastewater-branch/npdes-wastewater/publ ic-notices,
or by calling [phone].
IPLO120454
Apr 28 2023
The Durham City -County Planning Commission will hold public
hearings on May 9, 2023, at 5:30 p.m. to hear the following:
Zoning Changes
2309 & 2315 Sparger Rd. (Z2200057) change Office and Institutional
with a development plan (OI(D)) to Commercial General with a textual develop-
ment plan (CG(D)) located at 2309 and 2315 Sparger Rd.
Brier Creek ACT (Z2200020) change Residential Rural (RR) to Planned
Development Residential 13.367 (PDR 13.367) located at 3618, 3620, 3702,
3708, and 3802 Page Rd.
4731 Guess Rd (Z2200063) change Commercial Neighborhood (CN) and
Residential Suburban-20 (RS-20) to Commercial General with a textual develop-
ment plan (CG(D)) located at 4731 Guess Rd.
301 Infinity Rd (Z2200006) change Residential Suburban-20 (RS-20) to
Planned Development Residential 7.203 (PDR 7.203) and Office & Institutional
with a development plan (OI(D)) located at 301 and 401 Infinity Road.
1102 S. Miami Blvd (Z2200012) change Residential Suburban-20 (RS-20)
and Commercial Center (CC) to Residential Suburban Multifamily with a devel-
opment plan (RS-M(D)) located at 1102 and 1034 S. Miami Blvd.
Aventon Harris Farms (Z2200054) change Residential Rural (RR) to
Planned Development Residential 12.253 (PDR 12.253) located at 8250 Fayette-
ville Rd.
2610 S. Miami BLVD. (Z2200001) change Residential Suburban-20 (RS-
20), Commercial Neighborhood (CN), Industrial Light (IL), and Industrial Light
with a development plan (IL(D)) to Planned Development Residential 19.824 (PDR
19.824) located at 2610 S. Miami Blvd.
R.P- Residential Studio Apartments (Z2200059) change Office and In-
stitutional with a development plan (OI(D)) to Residential Suburban - Multifamily
with a development plan (RS-M(D)) located at 2504 East NC Highway 54.
Text Amendments
Phased Development and Tree Preservation (TC2200004) proposes
revisions to the UDO Design Standards (new Section 7.9, Grading Setbacks),
Tree Protection and Tree Coverage standards (Section 8.3), Project Boundary
Buffer standards (Section 9.4), and Article 13, Additional Requirements for Sub-
divisions (new Section 13.9, Phased Development).
Substantial changes to the proposed action may be made following the pub-
lic hearing for each case. For information about the cases, contact Growth@
DurhamNC.gov or at 919-560-4137.
The meeting will be held in person in the City Council Chambers, 1st Floor,
101 City Hall Plaza and online. Register to speak at the hearing at https://
usO6web.zoom.us/webinar/register/WN_HTQFWEdQeiN-
m07d-o8y-w#, Webinar ID: 828 6346 9471, or by calling 1-36
-715-8592.
Instructions to participate in the virtual meeting or to watch it live are available at:
https://DurhamNC.gov/4062/.
IPLO119207
Apr 28,May 5 2023
NORTH CAROLINA
DURHAM COUNTY
Special Proceedings No. 23 SP 189
Substitute Trustee: Philip A. Glass
NOTICE OF FORECLOSURE SALE
Date of Sale: May 10, 2023
Time of Sale: 2:00 p.m.
Place of Sale: Durham County Courthouse
Description of Property: See Attached Description
Record Owners: Malcolm Jared Brown
Address of Property: 905 Massey Avenue
Durham, NC 27701
Deed of Trust:
Book: 7732 Page: 650
Dated: June 25, 2015
Grantors: Malcolm Jared Brown, unmarried
Original Beneficiary: State Employees' Credit Union
CONDITIONS OF SALE:
This sale is made subject to all unpaid taxes and superior liens or encumbranc-
es of record and assessments, if any, against the said property, and any record-
ed leases. This sale is also subject to any applicable county land transfer tax,
and the successful third party bidder shall be required to make payment for any
such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the
sale. 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 Substitute Trust-
ee tenders to him a deed for the property or attempts to tender such deed, and
should said successful bidder fail to pay the full balance purchase price so bid
at that time, he shall remain liable on his bid as provided for in North Carolina
General Statutes Section 45-21.30 (d) and (e). This sale will be held open ten
(10) days for upset bids as required by law.
Residential real 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 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 re-
ceiving 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 not 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, the tenant is liable for rent due under the rental agreement prorated
to the effective date of the termination.
Dated: 4/12/23
Philip A. Glass, Substitute Trustee
Nodell, Glass & Haskell, L.L.P.
Posted on 4/12/23
Exhibit A
BEING all of Lots 7 and 8 in Block A, Plat Book 3B, Page 185, Durham County
Registry and being the same property in Book 2661, Page 732, Durham County
Registry. Parcel ID: 118059
Subject to easements, restrictions and rights of way of record, and utility lines
and rights of way in existence over, under or upon the above -described property.
PIN:0831-11-52-7475
Property Address: 905 Massey Ave. Durham, NC 27701
IPLO118550
Apr 28,May 5 2023
couldn't be saved. Wild On
Ice had so much heart."
It was announced earlier
Thursday that Wild On Ice
would miss the 149th run-
ning of the Kentucky Derby
due the injury, which also
eliminated the first ever
Derby entry under 60-year-
old jockey Ken Tohill.
Sumpter's Grade III
Sunland winner was re-
moved from the field "due
to a left hind leg injury that
occurred following work-
out just before 6 a.m. on
Thursday," Churchill
Downs public relations
announced. Wild On Ice
breezed five furlongs be-
fore Tohill pulled up.
After an initial evaluation
at Churchill Downs, Wild
On Ice was transported to
Lexington to an equine
surgical facility to undergo
further evaluation.
Santa Anita Derby third -
place finisher Skinner will
be added to the Derby field
with post position draw
slated for Monday.
Tohill was on track for
his first ever Derby ride
with Wild On Ice and
would have been the oldest
jockey in the history of the
event.
A jockey since the age of
16 in Northern California,
Tohill has topped 4,100
winners and generated
more than $71 million in
purse earnings as of April
24, according to Equibase.
Tohill is credited by
Sumpter for getting Wild
On Ice this far. He was 35-1
when he won Sunland Park
and the 50 Derby points
that come with it on March
26.
Jockey Jon Court holds
the distinction as the oldest
rider in Kentucky Derby
history. He was 58 when
Long Range Toddy ran the
Derby in 2019.
Q 919.829.4500
Public Notice
State of North Carolina/Environmental Management Commission
1617 Mail Service Center,
Raleigh, NC 27699-1617
Notice of Intent to Issue a NPDES wastewater permit.
The North Carolina Environmental Management Commission proposes to issue
a NPDES wastewater discharge permit to the person(s) listed below. Aqua North
Carolina, Inc. requested renewal of permit NCO059099 for the Lake Ridge Aero
Park WWTP in Durham County; this permitted discharge is treated domestic
wastewater to an unnamed tributary to the Panther Creek arm of Falls Lake in
the Neuse River Basin. Written comments regarding the proposed permit will be
accepted until 30 days after the publish date. The Director of the NC Division of
Water Resources may hold a public hearing should there be a significant degree
of public interest. Interested persons may visit the DWR at 512 N. Salisbury
Street, Raleigh, NC, 27699. Please mail comments and/or information requests
to DWR at the address listed above. Additional information on NPDES permits
and this notice may be found on our website: http://deq.nc.gov/about/divisions/
water-resources/water-resources-perm its/wastewater-branch/npdes-wastewa-
ter/public-notices, or by calling [phone].
IPLO120456
Apr 28 2023
RESOLUTION NO. 2023- 026 PUBLICE NOTICE A RESOLUTION OF
INTENT OF THE TOWN COUNCIL TO CONSIDER THE CLOSING OF
A PORTION OF OLD RALEIGH ROAD, LOCATED AT THE INTER-
SECTION OF OLD RALEIGH ROAD AND LAURA DUNCAN ROAD,
EXTENDING TO OLD MILL VILLAGE DRIVE
WHEREAS, G.S. 160A-299 authorizes the Town Council to close public streets
and alleys; and WHEREAS, the Town Council considers it advisable to conduct a
public hearing for the purpose of giving consideration to the closing of a portion
of Old Raleigh Road; NOW, THEREFORE, BE IT RESOLVED by the Town Council
that:
(1) A Public Hearing will held be at 6:00 p.m. on the 23rd day of May, 2023, in
the Town of Apex Town Council Chambers at the Apex Town Hall located at 73
Hunter Street in Apex, North Carolina, to consider a resolution closing of that
portion of Old Raleigh Road at the intersection of Laura Duncan Road, extending
to Old Village Drive.
(2) The Town Clerk is hereby directed to publish this Resolution of Intent once
a week for four successive weeks in a newspaper of general circulation in the
area. (3) The Town Clerk is further directed to transmit by registered or certified
mail to each owner of property abutting upon that portion of said street a copy
of this Resolution of Intent.
(4) The Town Clerk is further directed to transmit by registered or certified mail to
the Department of Transportation a copy of this Resolution of Intent.
(5) The Town Clerk is further directed to cause adequate notices of this Reso-
lution of Intent and the scheduled public hearing to be posted as required by
G.S.160A-299.
This the 11th day of April, 2023.
Introduced by Councilmember: Arno Zegerman; Seconded by Councilmem-
ber: Brett Gantt, and passed unanimously with the following members voting in
the affirmative: Mayor Pro-Tempore, Audra Killingsworth, Councilmember Arno
Zegerman, Councilmember Brett Gantt, Councilmember Terry Mahaffey, and
Councilmember Ed Gray. Mayor Jacques K. Gilbert presided over the meeting.
Residents may submit written comments in advance of the public hearing to the
Town Council with attention marked to the Town Clerk Allen Coleman; P.O. Box
250; Apex, NC 27502 or by email at townclerkQapexnc.org. Please use subject
line "Road Closure - Intersection of Old Raleigh Road and Laura Duncan Road"
and include your first and last name, your address, and your phone number in
your written statements. Written comments will be accepted until 3:00 PM on
Tuesday, May 23, 2023.
Members of the public can access and view the meeting on the Town's You -
Tube Channel https://www.youtube.com/c/TownofApexGov or attend in -person.
2 Anyone needing special accommodations to attend this meeting and/or if this
information is needed in an alternative format, please contact the Town Clerk's
Office. The Town Clerk is located at 73 Hunter Street in Apex Town Hall on
the 2nd Floor, (email) allen.coleman @apexnc.org or (phone) 919-249-1260. We
request at least 48 hours' notice prior to the meeting to make the appropriate
arrangements. A copy of the resolution is on file in the Office of the Town Clerk's
Office and is available for public inspection Monday through Friday between the
hours of 8:00 a.m. and 5:00 p.m. The Office of the Town Clerk is located on the
2nd Floor of the Apex Town Hall, 73 Hunter Street, Apex, North Carolina.
Allen Coleman, CMC, NCCCC
Town Clerk
Town of Apex, North Carolina
IPLO120439
Apr 28 2023
SUBSTITUTE TRUSTEE'S AMENDED NOTICE OF SALE OF REAL
PROPERTY
THIS ACTION BROUGHT PURSUANT TO THE POWER AND AUTHORITY con-
tained within that certain Deed of Trust executed and delivered by Jonathan
Alexander McDougald dated April 28, 2021 and recorded on April 28, 2021 in
Book 018475 at Page 02564 in the Office of Register of Deeds of Wake County,
North Carolina. As a result of a default in the obligations contained within the
Promissory Note and Deed of Trust and the failure to carry out and perform the
stipulations and agreements contained therein, the holder of the indebtedness
secured by said Deed of Trust made demand to have the default cured, which
was not met. Therefore, the undersigned Substitute Trustee will place for sale
that parcel of land, including improvements thereon, situated, lying and being
in the City of Raleigh, County of Wake, State of North Carolina, and being more
particularly described in the heretofore referenced Deed of Trust. Said sale will
be a public auction, to the highest bidder for cash, at the usual place of sale at
the Wake County Courthouse, Raleigh, North Carolina, on May 3, 2023 at 10:00
AM Property Address: 4934 Southern Magnolia Dr, Raleigh, NC 27604 Tax Par-
cel ID: 0474744 Present Record Owners: Jonathan Alexander McDougald The
terms of the sale are that the real property hereinbefore described will be sold
for cash to the highest bidder. A deposit of five percent (5%) of the amount of the
bid 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. The
successful bidder will be required to pay revenue stamps on the Trustee's Deed,
any Land Transfer Tax, and costs for recording the Trustee's Deed. The real
property hereinabove described is being offered for sale "AS IS, WHERE IS" and
will be sold subject to all superior liens, unpaid taxes, special assessments, and
other encumbrances. Other conditions will be announced at the sale. The sale
will be held open for ten (10) days for upset bids, as by law required. The sale
will not confirm until there have been ten (10) consecutive days with no upset
bids having been filed. If for any reason the Trustee is unable to convey title to
this property, or if the sale is set aside, the sole remedy of the purchaser is the
return of the bid deposit. Furthermore, if the validity of the sale is challenged
by any party, the Trustee, in its sole discretion, if it believes the challenge to
have merit, may declare the sale to be void and return the bid deposit. In either
event, the purchaser will have no further recourse against the Mortgagor, the
Mortgagee, the Mortgagee's attorney, or the Trustee. Additional Notice Required
for Residential Real Property with Less Than Fifteen (15) Rental Units: 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. 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 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 ten (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, the tenant is liable for rent
due under the rental agreement prorated to the effective date of the termination.
Posted: Witness: Assistant/Deputy Clerk of Superior Court Albertelli Law Part-
ners North Carolina, PA., Substitute Trustee By: Adam Palmersheim Albertelli
Law Partners North Carolina, PA. 205 Regency Executive Park Drive, Suite 100
Charlotte, NC 28217 Tel: [phone]-SP-797//22-004011 A-4780688
IPLO117630
Apr 21,28 2023