Legal Notices For September 17, 2015

 


NOTICE OF

FORECLOSURE SALE

Under and by virtue of the power of sale contained in a certain Deed of Trust executed by Marlene Kimball (PRESENT RECORD OWNER: Marlene Kimball), to Melchior B. Ellis, Trustee, dated November 3, 2010 and recorded in Book 555, Page 231, 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, Richard R. Foust, Esq., 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 Transylvania County Courthouse, in the City of Brevard, North Carolina at 10 AM on Monday, September 28, 2015, 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 AN IRON STAKE, COMMON CORNER OF S.H. MORRIS AND MAUDE O. MILLS; AND RUNS THENCE WITH THEIR LINE, North 64-30 EAST 150 FEET TO AN IRON STAKE; THENCE North 29 DEG WEST 75.5 FEET TO AN IRON STAKE; THENCE SOUTH 64 DEG 30 MIN WEST 150 FEET TO AN IRON STAKE, CORN’S AND MORRIS’S CORNER; THENCE WITH CORN’S AND MORRIS’S LINE, SOUTH 29 DEG EAST 75.5 FEET TO THE BEGINNING.

TOGETHER WITH THE RIGHT OF WAY FOR DRIVEWAY CONTAINED IN THE DEED FROM VANCE J. EVANS AND WIFE, EDITH EVANS, DATED JUNE 9, 1951 AND RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR Transylvania County IN DEED BOOK 103, PAGE 61.

SUBJECT TO A DEED OF UTILITY RIGHT OF WAY EASEMENT RECORDED IN DOCUMENT BOOK 551, PAGE 797, IN THE Transylvania County REGISTRY.

COMMONLY KNOWN AS 136 AZALEA AVENUE, Brevard, NC 28712

Should the property be purchased by a third party, that person must pay the tax 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 representatives of either the Trustee or the holder of the Note make any representation 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 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 any recorded releases.

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.

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.

A cash deposit (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.

This the 27th day of May, 2015.

Richard R. Foust

Substitute Trustee

Richard R. Foust,

Attorney at Law

204 Muirs Chapel Road, Suite 102

Greensboro, NC 27410

Ph. No. 336-834-0510

Fax No. 336.834.0160

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NOTICE OF

FORECLOSURE SALE

15 SP 38

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Kim F. Garrett and James Mitchell Garrett to Jackie Miller, Trustee(s), dated the 11th day of May, 2007, and recorded in Book DOC 407, Page 597, 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 September 30, 2015 and will sell to the highest bidder for cash the following real estate situated in the County of Transyl-vania, North Carolina, and being more particularly described as follows:

Being all of Lot 7 of Quail Ridge Subdivision, plat of which said subdivision is recorded in Plat File 3, Slide 280, Transylvania County Registry, reference to which is hereby made for a more complete description of the property herein conveyed. Together with improvements located thereon; said property being located at 92 Quail Ridge Road, Pisgah Forest, North Carolina. There is also conveyed hereby a non-exclusive right-of-way over and across the private road know as Quail Ridge Drive to Eagle’s Nest Road (State Road 1534) for the purpose of ingress and egress to and from said lot, as the same is shown on the above referenced plat, subject to the rights of others to use Quail Ridge Road. This conveyance is made subject to restrictive and protective covenants and easements which appear of record in Deed Book 311, Page 738, Transylvania County Registry.

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.

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.

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: 1157426 (FC.FAY)

T/9/17/2TC - 59947

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STATE OF

North Carolina IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF

Transylvania 13 CVD 533

GENERAL NOTICE OF

TAX FORECLOSURE

SALE

COUNTY OF

TRANSYLVANIA,

A Body Politic and Corporate,

Plaintiff

vs.

UNKNOWN HEIRS OF GEORGE INGRAM, Owner;

and CONNESTEE FALLS PROPERTY OWNERS

ASSOCIATION, INC.,

a North Carolina Corporation

Defendants

Under and by virtue of a Judgment of the Presiding District Court Judge for Transylvania County, North Carolina, made and entered in the action entitled “County of Transylvania vs. Unknown Heirs of George Ingram, et al.” the undersigned Commissioner will, on the 21st day of SEPTEMBER, 2015, at 11:30 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real property described as follows and incorporated herein by reference. The property lies within Transylvania County, North Carolina, and is more particularly described as PIN: 8582-64-2984-000 (Unit 11, Lot 12 Tlvdatsi Drive).

BEING all of Lot No. 12 of Unit 11 of Connestee Falls Development as shown by Plat thereof recorded in Plat Book 4, Page 81, Record of Plats for Transylvania County, North Carolina.

The sale will be held on the Transylvania County Courthouse steps, 7 E. Main Street, Brevard, North Carolina.

The sale will be made subject to all outstanding City and County taxes and all superior restrictions of record and local improvement assessments against the above-described property not included in the Judgment in the above-entitled cause. All junior liens will be extinguished upon sale.

The property, together with all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty.

The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the undersigned will require the successful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable for said bid. The Transylvania County Tax Collector may make a credit bid.

This sale will remain open for ten (10) days, as by law required, at which time an upset bid may be made with the Clerk of Court for Transylvania County, North Carolina. The Notice may be withdrawn at any time until the conclusion of the sale.

This 10th day of September, 2015.

ROBERTS & STEVENS, P.A.

/s/ Marjorie R. Mann

Commissioner

P.O. Box 7647

Asheville, NC 28802

Telephone: (828) 252-6600

Facsimile: (828) 210-6554

N.C. Bar No. 13202

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STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

COUNTY OF

TRANSYLVANIA

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO: 15-E-246

IN THE MATTER OF THE ESTATE OF

WILLIAM R. WHITE

EXECUTOR’S NOTICE

Having qualified as Executrix of the Estate of WILLIAM R. WHITE of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of WILLIAM R. WHITE to present them to the undersigned on or before December 10, 2015, or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

This the 10th day of September, 2015.

Barbara A. White

62 Placid Drive

Brevard, NC 28712

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IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

TRANSYLVANIA

COUNTY

15SP40

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY KEVIN B. SMITH AND KAMILLA J. SMITH DATED JUNE 29, 2012 AND RECORDED IN BOOK DOC 617 AT PAGE 544 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 10:00AM on September 23, 2015 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:

BEING all of Lot 43 of Phase III of Section One of the New Lakes Section of Sherwood Forest Subdivision of a portion of the lands belonging to Robin Hood, Inc., as shown on a plat thereof recorded in Plat File 3, Slide 363, Records of Plats for Transylvania County, North Carolina.

This conveyance is made subject to the following:

I. County real estate taxes for the current year and all subsequent years.

2. Conditions, restrictions, limitations, reservations and easements of record and all other matters record including the reservations and restrictive and protective covenants recorded in Book 220, page 183, as amended and restated supplemental declaration of covenants recorded in Book 332, page 437, and those covenants recorded in Book 292, page 707, Records of Deeds for Transylvania County, North Carolina, together with all amendments and supplemental declarations to said covenants appearing of record in the office of the Register of Deeds for Transylvania County, Registry.

It is understood and agreed that, subject to state permit limitations, Mountain Investments shall have the right to tap on to the water and sewer lines which are owned and maintained by Sherwood Forest Utility, Inc. and to use said water and sewer facilities upon payment of the tap and use fees charged by said utility company pursuant to the current rate schedule approved by the North Carolina Utilities Commission.

This conveyance is made subject to all rights-of-way of all roads which may presently traverse the property, to all road rights of way which may presently appear of record, to the rights-of-way of all utility lines which may presently traverse the property to all rights of way for public utilities which may presently appear of record.

And Being more commonly known as: 54 Red Oak Ln, Brevard, NC 28712

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Kevin B. Smith and Kamilla J. Smith.

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. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid.  The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.

 

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 written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is September 2, 2015.

Grady I. Ingle or

Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

15-068692

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STATE OF

North Carolina IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 15E248

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Charles Leland Gillespie of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Estate of Charles Leland Gillespie to present them to the undersigned on or before December 10, 2015 or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

Dated: Sept. 10, 2015

Christa C. Hibbits

5500 East Fork Rd.

Brevard, NC 28712

T/9/10/4TP - 60024

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STATE OF

North Carolina IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 15E-253

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Eileen McCrary Summey of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Eileen McCrary Summey to present them to the undersigned on or before December 17, 2015 or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

Dated: September 17, 2015.

David E. Summey

380 Rosscraggon Road

Arden, NC 28704

T/9/17/4TP - 60077

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STATE OF

North Carolina IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 15E164

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Administrator of the Estate of Tommy Gene Clayton of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Tommy Gene Clayton to present them to the undersigned on or before December 17, 2015 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: September 17, 2015

Richard B. Daniel

PO Box 2320

Brevard, NC 28712

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NOTICE:

Western Carolina Community Action, Inc., a nonprofit serving Henderson, Polk, Rutherford and Transylvania counties, is now accepting applications for membership on the Board of Directors. The deadline for applications is October 6, 2015. If you are interested in representing your community, business, or community organization by serving on WCCA’s board, please contact Nancy Berry, at WCCA, 828-693-1711, x154 or email her at nberry@wcca.net for more information.

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