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MATTER OF NICOR, LLC

No. COA18-1071.

831 S.E.2d 870 (2019)

In the MATTER OF NORTH CAROLINA (FUTURE ADVANCE) DEED OF TRUST BY NICOR, LLC TO Jerone C. HERRING and Subsequently D. Talmadge Scarborough III, Substitute Trustee Recorded at Book 1770, Page 152 of the Moore County Registry Substitution of Trustee Recorded at Book 4862, Page 263, in the Moore County Registry In the Matter of North Carolina Deed of Trust and Security Agreement By Nicor, LLC to BB&T Collateral Service Corporation and Subsequently D. Talmadge Scarborough III, Substitute Trustee Recorded at Book 2988, Page 461 of the Moore County Registry Substitution of Trustee Recorded at Book 4862, Page 265, in the Moore County Registry In the Matter of North Carolina Deed of Trust and Security Agreement by Forest Haven, LLC to BB&T Collateral Service Corporation and Subsequently D. Talmadge Scarborough III, Substitute Trustee Recorded at Book 2793, Page 393 of the Moore County Registry Substitution of Trustee Recorded at Book 4862, Page 269, in the Moore County Registry In the Matter of North Carolina Deed of Trust and Security Agreement By Nicor, LLC to BB&T Collateral Service Corporation and Subsequently D. Talmadge Scarborough III, Substitute Trustee Recorded at Book 3216, Page 62 of the Moore County Registry Substitution of Trustee Recorded at Book 4862, Page 267, in the Moore County Registry.

Court of Appeals of North Carolina.

Filed: August 6, 2019.

Attorney(s) appearing for the Case

Nelson Mullins Riley & Scarborough LLP, Raleigh, by Leslie Lane Mize and D. Martin Warf , for petitioner-appellee.

Clayton Myrick McClanahan & Coulter, Southern Pines, by Noel B. McDevitt, Jr. , and West & Smith, LLP, Southern Pines, by Stanley W. West , for respondents-appellants.

Respondents-Appellants Nicor, LLC and Forest Haven, LLC (hereinafter "Nicor," "Forest Haven," and collectively "Obligors") appeal from orders of sale in three proceedings permitting foreclosure of certain real property "described in the [d]eeds of [t]rust in accordance with the terms and...

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