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Legal Notices For 4-12-12

 


STATE OF NORTH

CAROLINA

Transylvania County SUPERIOR COURT

NOTICE TO

CREDITORS

FILE NO .: 12-E-75

I have qualified as Administrator CTA of the Estate of Elaine M. Zachary, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before June 29, 2012, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Administrator.

Dated: March 29, 2012

Donald E. Jordan,

Administrator CTA

4 West Main Street

Suite 5

Brevard, NC 28712

T03/29/4TC

NORTH CAROLINA

Transylvania COUNTY

Special Proceedings

NO. 11-SP-210

Substitute Trustee:

Philip A. Glass

RE-NOTICE OF

FORECLOSURE SALE

Date of Sale: April 17, 2012

Time of Sale: 10:00 a.m.

Place of Sale: Transylvania County Courthouse

Description of Property: See Attached Description:

EXHIBIT “A” TO A DEED OF TRUST FROM POLLARD

BEGINNING at a stake in the northern margin of Allison Road, southeast corner of Charles Eggleston and wife, and runs thence along said line, North 27 degrees 21’ West 138.1 feet to a stake, northeast corner of Lot No. 40, Section 2, Pisgah Heights Subdivision; thence North 64 degrees 30’ East 46 feet to a stake; thence North 38 degrees 55’ East 31.14 feet to a stake; thence South 48 degrees 23’ East 143.78 feet to a stake in the margin of Allison Road; thence along the margin of Allison Road on a curve with a radius of 226.48 feet in a southwesterly direction, 130.8 feet to the BEGINNING, and being a portion of Lot No. 1, Section 4, of Pisgah Heights Subdivision, plat of which said subdivision is on file in Plat Book 2, page 103, Records of Plats for Transylvania County, reference to which is hereby made for a more complete description.

This conveyance is made subject to all matters shown on the recorded plat hereinabove referred to and to restrictive and protective covenants and easements appearing of record in Book 119, Page 525, Records of Deeds for Transylvania County.

Being all of the same land described in a deed from Robert E. Young and wife, Charlotte R. Young, to Malcolm Erwin and wife, Tosha E. Erwin, aka Malcolm Erwin and Tosha Erwin, dated November 5, 2002, and recorded in the office of the Register of Deeds for Transylvania County in Document Book 133, page 181.

Record Owners: Ronald L. Pollard, Sr.

Address of Property: 97 Allison Road, fka 104 Allison Road, Brevard, NC 28712

Deed of Trust:

Book: 313 Page: 392

Dated: October 14, 2005

Grantors: Ronald L. Pollard, Sr. and wife Marcia Pollard

Original Beneficiary: State Employees’ Credit Union CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45¢) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).

This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded 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 Trustee 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: 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 notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. 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: 2/8/12

Philip A. Glass,

Substitute Trustee

Nodell, Glass & Haskell, L.L.P.

T04/05/2TC

NOTICE OF

FORECLOSURE SALE

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Anne Jenkins (PRESENT RECORD OWNER(S): Anne B. Jenkins) to CB Services Corp ., Trustee(s), dated the 2nd day of May, 2007, and recorded in Book 407, Page 9, in Transylvania 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 Transylvania 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 Brevard, Transylvania County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on April 18, 2012 and will sell to the highest bidder for cash the following real estate situated in the County of Transylvania, North Carolina, and being more particularly described as follows:

Beginning at an iron pin set on the North margin of Little River Road (SR 1101) said iron pin being the Southwest corner of the 1.08 acre lot sold to Harold Lumley and runs thence with the Northwest margin of Little River Road two calls as follows: South 80 deg. 06 min. 27 sec. West 67.94 feet to an iron pin and South 64 deg. 40 min. 03 sec. West 70.28 feet to an iron pin set on the Northwest margin of said road, said pin being set at the Southwest corner of the second tract described in the deed from Inez D. Snead to Edward K. Snead, Jr ., said deed being recorded in Deed Book 186, Page 586 of the Transylvania County Registry. Thence with the West line of said tract North 05 deg. 11 min. 31 sec. West 280 feet to a point in the flow of the stream of Little River; thence along and with the flow of said river three calls as follows: North 14 deg. 33 min. 29 sec. East 40 feet to a point in said stream; South 85 deg. 26 min. 31 sec. East 62 feet to an iron pin set on the South bank of said stream; and North 48 deg. 02 min. 58 sec. East 86.28 feet to a point near the North bank of said stream thence leaving said stream and running with the line of the Lumley Lot, South 03 deg. 26 min. 31 sec. East passing an iron pin set on the South bank of the river and running a total distance of 329.17 feet to the iron pin and point of Beginning. Containing 0.95 acres more or less as shown on the recorded plat drawn from a survey by Harry W. Ashworth, RLS, dated June 8, 1979 and recorded in Plat File 1, Slide 155 in the Transylvania County Registry. Together with improvements located thereon; said property being located at 228 Cedar Lane, Brevard, North Carolina.

Subject to all matters shown on the recorded plat hereinabove referred to, to the rights-of-way of all roads which may currently traverse the property, to all road right-of-way which may currently appear of record, to the rights-of-way of all utility lines which may currently traverse the property and to all rights-of-way for utility lines which may currently appear of record.

Parcel ID Number: 9502176914000

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 cash deposit or cashier’s check (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale.

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 upon 10 days’ written notice to the landlord. 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.

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.

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.

IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.

This 28th day of March, 2012.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

BY: Attorney at Law

The Law Firm of Hutchens, Senter & Britton, P.A.

Attorneys for Substitute Trustee Services, Inc.

P.O. Box 1028

4317 Ramsey Street

Fayetteville, NC 28311

https://sales.hsbfirm.com

Case No: 1064019

T04/05/2TC

NOTICE OF PUBLIC SALE

PURSUANT TO

N.C. G.S. 44A-43(c)

Name and Address of Lienor:

Pisgah Mini Storage LLC

281 Whitmire St.

Brevard, NC 28712

Various items of personal property located at the above address are being sold pursuant to the assertion of a lien for rental at the self-service storage facility named above. Said items of property include miscellaneous items of personal belongings.

Unit numbers: A022, A025, C014, D012, F004, F029

Place of sale: Pisgah Mini Storage LLC

281 Whitmire St ., Brevard, NC

Date of sale: Saturday, April 21, 2012

Time of sale: 10:00 a.m.

T03/29/4TC

STATE OF North Carolina IN THE GENERAL COURT OF JUSTICE

COUNTY OF

TRANSYLVANIA

SUPERIOR COURT DIVISION

FILE NO. 12 E 93

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of James R. McDowell of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of James R. McDowell to present them to the undersigned on or before July 12, 2012 or the claim will be forever barred thereafter. All persons indebted to the said estate, please make immediate payment.

This the 12th day of April, 2012.

Alan Clark McClung,Executor

1917 Highland Park Circle

Denton, TX 76205

Attorney: Margaret M. Hunt

P O Box 1175

Brevard, NC 28712

T04/12/4TC

STATE OF North CAROLINA

TRANSYLVANIA COUNTY SUPERIOR COURT

File No. 12-E-32

NOTICE TO

CREDITORS

I have qualified as Executor of the Estate of Jane Meredith Gore, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before June 29, 2012, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: March 29, 2012

Christina A. Howle, Executor

22 Princeton Lane

Brevard, NC 28712

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Executor

T03/29/4TC

STATE OF North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 12E72

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Patricia Ann Wendell of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Patricia Ann Wendell to present them to the undersigned on or before July 5, 2012 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 5, 2012

Alethea Gaston

244 West Main Street

Brevard, NC 28712

T04/05/4TP

STATE OF North Carolina COUNTY OF TRANSYLVANIA

IN THE MATTER OF THE

ESTATE OF MABLE JONES ADAIR, DECEASED.

NOTICE TO

CREDITORS

The undersigned, having heretofore qualified as Co-Executors of the Estate of Mable Jones Adair, deceased, late of Transylvania County, North Carolina, hereby notifies all persons, firms and corporations having claims against said estate to present them to the undersigned on or before June 29, 2012, or this Notice will be pleaded in bar of any recovery thereon. All persons, firms and corporations indebted to said estate will please make immediate payment to the undersigned.

This the 22nd day of March, 2012.

Frank Dallas Strickland,

Ruth Adair Stephenson, and

Julia Adair Janas,

Co-Executors

Estate of Mable Jones Adair, Deceased

c/o Keith A. Wood, Esq.

Carruthers & Roth, P.A.

235 N. Edgeworth St.,

P. O. Box 540

Greensboro, NC 27402

T03/29/4TP

STATE OF North Carolina COUNTY OF Transylvania IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK IN THE MATTER OF THE ESTATE OF LOUISE H. GILLESPIE

EXECUTOR’S NOTICE

FILE NO .: 12-E-77

Having qualified as Administrator of the Estate of Louise H. Gillespie of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Louise H. Gillespie to present them to the undersigned on or before June 22, 2012, or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

This the 22nd day of March, 2012.

Mamie Hogsed

400 Johnson Road

Brevard, NC 28712

ATTORNEY:

William R. White

White & Dalton

542 South Caldwell Street

Brevard, NC 28712

T03/22/4TC

STATE OF North Carolina COUNTY OF Transylvania IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

EXECUTOR’S — ADMINISTRATOR’S

NOTICE

FILE NO .: 12-E-36

Having qualified as Executor of the Estate of Mary Elizabeth Rose of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Mary Elizabeth Rose to present them to the undersigned on or before July 2, 2012, or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 2, 2012.

Margaret Mathis Patterson

P.O. Box 24

Ducktown, TN 37326

M04/02/4TP

STATE OF North Carolina COUNTY Transylvania IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

EXECUTOR’S — ADMINISTRATOR’S NOTICE

FILE NO .: 12-E-84

Having qualified as Executor of the Estate of Barbara Ann Gotshaw of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Barbara Ann Gotshaw to present them to the undersigned on or before June 29, 2012 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 29, 2012.

Susette Marie Hyatt

P.O. Box 59

Mill Spring, NC 28756

T03/29/4TP

STATE OF North CAROLINA

Transylvania County SUPERIOR COURT NOTICE TO CREDITORS

FILE NO .: 12-E-41

I have qualified as Executor of the Estate of Minnette M. Salsburg, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before June 22, 2012, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: March 22, 2012.

Susan Rousselle, Executor

354 Catatoga Path

Brevard, NC 28712

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Executor

T03/22/4TC

TRANSYLVANIA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

EXECUTOR’S - ADMINISTRATOR’S

NOTICE

FILE NO .: 12-E-80

Having qualified as Administrator of the Estate of Donald Lee Britt of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Donald Lee Britt to present them to the undersigned on or before June 22, 2012, or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 22, 2012.

Joy Britt Rider

185 Skyland Drive

Pisgah Forest, NC 28768

T03/22/4TP

DECLARATION OF LAND CLAIM PUBLIC NOTICE

OF CLAIM OF LAND

Whereas, in accordance with North Carolina GENERAL STATUTES, Chapter 4 §4.1; Chapter 43-12.2; Chapter 25 §§§1 101-25 11 108; N.C.G.S. 25-3-603(b); North Carolina State Constitution, Preamble; The Holy Scriptures: Psalm 50:10-12; Revelation 1:17-18; Matthew §§ 11:27 and 16:19.

TRANSYVANIA COUNTY, SUPERIOR COURT OF North Carolina: 29B, OFFICE OF THE CLERK - Special Proceedings: 11SP169:

Re: COMMERCIAL REAL ESTATE DEED OF TRUST

N0: 2008002172 - Transylvania County, NC

BK: DOC 454, PG: 345-350; and TRANSYVANIA COUNTY, SUPERIOR COURT OF North Carolina: 29B, OFFICE OF THE CLERK - Special Proceedings:

Re: COMMERCIAL REAL ESTATE DEED OF TRUST

N0: 2010003435 - Transylvania County, NC

BK: DOC 543, PG: 4-9.

Transylvania COUNTY, North Carolina PIN #s: 8521-173877-000; and 8521-16-6238-000; and 8521-06-9837-000.

In consideration of tendered remittance(s) totaling THIRTY-FIVE MILLION DOLLARS ($35,000,000.00) accepted by the Lender, yet not posted, Public Notice is given that this man (person): Richard-Allen (Shiarla) MAKES EXCLUSIVE CLAIM TO THE LAND described herein below, by variation of agreement, and BY VIRTUE OF RIGHT OF PAYMENT AND POSSESSION, and Richard-Allen is exercising dominion and possession of all legal rights, equitable title, by peaceful occupation of the following land located in that which is called Transylvania County, North Carolina more particularly described to wit:

106 Acres as set forth in Plat File #3 Page 386 prepared by Woodrow W. Wilson, PLS, recorded in Plat File 14, Slide 183, Records of Plats for Transylvania County, North Carolina.

THE GORGES AT Lake Toxaway Lot(s) 1-31 inclusive: and

Toxaway LAND TRUST 45: Being all of that certain tract of land containing 4.50 acres, more or less, as shown on a plat of a survey for John Anthony Fisher, III, prepared by Woodrow W. Wilson, PLS, recorded in Plat File 14, Slide 183, Records of Plats for Transylvania County, North Carolina

Any person possessing a claim contrary to the declaration set fort hereinabove, shall come forth immediately and be heard within thirty (30) days of the third publication of this notice, by filing a Counter-Declaration, executed under the penalties of perjury, before two witnesses and acknowledged by a duly appointed judicial officer of this state, with THE HONORABLE CINDY M. OWENBY, REGISTRAY OF DEEDS, in and for the County of Transylvania, North Carolina and thereafter, by mailing two certified-copies of said filed declaration to THE HONORABLE RITA A. ASHE, CLERK OF THE SUPERIOR COURT #29B, in and for the County of Transylvania, North Carolina, containing written instructions that said certified-copies of said counter-declaration is to be filed into Case NO: 11SP168 and Case NO: 11SP169, and finally, mailing a certified-copy of the filed declaration by Certified United States Mail, Return Receipt Requested to: Richard-Allen: Shiarla #801 Toxaway Vws. Lake Toxaway, North Carolina.

In the event no declaration is filed in timely manner as set forth hereinabove, then in such an event, all future claims shall be, as a matter of law, considered null and void, res judicata, and forever barred.

M04/12/1TP

 
 
 
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