Legal Notices For 12-20-12

 


IN THE GENERAL

COURT OF

JUSTICE OF

North CAROLINA

SUPERIOR COURT

DIVISION

TRANSYLVANIA

COUNTY

12SP147

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CHASE R. HOOPER DATED APRIL 30, 1997 AND RECORDED IN BOOK 260 AT PAGE 192 IN THE Transylvania County PUBLIC REGISTRY, North CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 10:00 AM on January 3, 2013 the following described real estate and any other improvements which may be situated thereon, in Transylvania County, North Carolina, and being more particularly described as follows:

BEGINNING on a found iron pipe, said iron pipe being the southwest corner of W. Smith (Deed Book 205, Page 79, Transylvania County Registry) and the northeast corner of D. Endicott (Deed Book 207, Page 602, Transylvania County Registry), said iron pipe also being located North 71 deg. 47 min. 37 sec. East 844.17 feet from a spike found in the center of S.R. 1324 where it passes over a branch and South 10 deg. 43 min. 26 sec. East 344.51 feet from an iron pipe found on a bank on S.R. 1324, and runs thence, from said beginning point and with the line of Endicott, an old cut and marked line, South 03 deg. 33 min. 58 sec. West 303.14 feet to a iron pipe found on the bank of a gravel road; thence, still with the Endicott line, South 11 deg. 16 min. 00 sec. West 31.46 feet to a point in the center of a 14 foot wide gravel road; thence, with the center of said gravel road, four(4) calls as follows: South 78 deg. 21 min. 00 sec. East 300.43 feet to a point; South 59 deg. 04 min. 00 sec. East 63.28 feet to a point; South 38 deg. 41 min. 00 sec. East 44.45 feet to a point; and South 02 deg. 47 min. 00 sec. West 55.06 feet to a point; thence, leaving the gravel road and running with the line of W. Jordan (Deed Book 236, Page 431, Transylyania County Registry), four (4) calls as follows: North 54 deg. 20 min. 41 sec. East 44.63 feet to a found iron pipe; North 54 deg. 38 min. 20 sec. East 50.12 feet to a concrete monument set; South 89 deg. 47 min. 29 sec. East 48.62 feet to a one inch ‘T’ bar found in a stump hole at a corner witness; and North 03 deg. 30 min. 00· sec. East 426.72 feet to a one-half inch iron pipe found at a corner witness; thence, leaving the Jordan line and running with the Smith line above referred to, North 85 deg. 56 min. 22 sec. West 501.69 feet to an iron pipe, the point of BEGINNING.

Containing 4.44 acres as surveyed and platted by Michael L. Petit, RLS on May 14, 1993, Drawing L-3576.

And Being more commonly known as: 221 Forest Trl, Balsam Grove, NC 28708

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Chase R. Hooper.

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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale.

SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is November 29, 2012.

12-034512

Jonathan Blake Davis

Attorney for the

Substitute Trustee

10130 Perimeter Parkway,

Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

T12/20/2TC

NOTICE OF

FORECLOSURE SALE

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Charles D. McCormick by Richard Sidney White, Attorney in Fact to Trustee Services of Carolina, LLC, Trustee(s), dated the 22nd day of June, 2007, and recorded in Book 414, Page 489, and Re-recorded in Book 416, Page 528, 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 January 2, 2013 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 on a stake in the Eastern margin of Neely Road, John DeBord’s Northwest corner, and runs thence with John DeBord’s line South 87 deg. East 186.5 feet to a stake; thence with George Douglas McCormick’s line, North 2 deg. 30 min. East 100 feet to a stake; thence North 87 deg. West 186.5 feet to a stake in the Eastern margin of Neely Road; thence with the Eastern margin of Neely Road, South 2 deg. 30 min. West 100 feet to the point of Beginning. As surveyed and platted by J.J. Brown in July 1967. Together with improvements located thereon; said property being located at 169 Neely Road, Brevard, North Carolina.

Parcel ID Number: 8586943054

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.

SUBSTITUTE TRUSTEE

SERVICES, INC.

SUBSTITUTE TRUSTEE

BY: Attorney at Law

Hutchens, Senter,

Kellam & Pettit, P.A.

Attorneys for Substitute

Trustee Services, Inc.

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

https://sales.hsbfirm.com

Case No: 1080630 (FC.FAY)

T12/20/2TC

NOTICE OF

FORECLOSURE SALE

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Victorio Luis Echevarria and Carmen Echevarria (PRESENT RECORD OWNER(S): Victorio L. Echevarria and Carmen Echevarria) to Jackie Miller, Trustee(s), dated the 17th day of January, 2007, and recorded in Book 390, Page 618, and Modification in Book 491, Page 316, 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 January 2, 2013 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:

Being all of that certain tract of land containing 9.82 acres, more or less, as shown on a plat entitled “Survey for: Charlene H. Alston” prepared by P. Robert Raxter, Jr., RLS, and recorded in Plat File 4, Slide 557, Records of Plats for Transylvania County in the Office of the Register of Deeds for Transylvania County, North Carolina. Together with improvements located thereon; said property being located at 654 Dogwood Mountain Road, Penrose, North Carolina.

Together with a road right-of-way over the Skelton Ridge Road leading from the former B.R. Skelton property through lands now or formerly belonging to Homer F. Portman, and the property formerly owned by Robert Rathbone to the C.C. Shores 5, Inc. Road which runs with the Old Jeter Mountain Grist Mill Road (an old public road which has been paved by C.C. Shores 5, Inc.) to the Bulling Creek Road, Secondary Road 1562; said right-of-way is to be used with all other persons having the right to use said road.

The above right-of-way is to be 20 feet in width to the C.C. Shores 5, Inc. Road, and it is understood and agreed that is conveyed the same subject to the express agreement to pay a pro-rata share of the road maintenance costs of any section of said road used for access; with all parties using each separate section of said road to pay an equal part of the ordinary upkeep and maintenance of the same, sharing equally with all others using a particular section of road.

Subject to the terms and conditions of an easement set out in Deed Book 274, Page 703, Records of Deeds for Transylvania County, North Carolina.

Being all the property more particularly described in Deed Book 358, Page 375, Transylvania County Registry, North Carolina.

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.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

BY: Attorney at Law

Hutchens, Senter,

Kellam & Pettit, P.A.

Attorneys for Substitute

Trustee Services, Inc.

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

https://sales.hsbfirm.com

Case No: 1046331 (FC.FAY)

T12/20/2TC

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Theodore W. Stevens, deceased, of Transylvania County, North Carolina, this is to notify all persons, firms and corporations having claims against said estate to present them to the undersigned or to Walter C. Carpenter, attorney, on or before the 7th day of March 2013, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.

Walter C. Carpenter has been named as Local Process Agent and all citations, notices and processes that are required to be served upon the Executor may be served upon the Local Process Agent.

This the 6th day of December 2012.

Ralph J. Till, Jr.

1843 Painted Bunting Circle

Palm Harbor, FL 34683

Executor

Resident Process Agent:

Walter C. Carpenter

132 South Main Street

Hendersonville, NC 28792

T12/06/4TP

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 12-E-270

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Viola Marie Whitmire Gillespie, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Viola Marie Whitmire Gillespieto present them to the undersigned on or before March 1, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 29, 2012

Dennis R. Gillespie

PO Box 62

Pisgah Forest, NC 28768

T11/29/4TP

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 12E283

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Barbara Lee Munn, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Barbara Lee Munn to present them to the undersigned on or before March 20, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: December 20, 2012

Corey Lee Drumm

117 Cherokee Trail

Wilmington, NC 28409

T12/20/4TP

 
 

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