The Transylvania Times -

Legal Notices for November 26, 2015

 


STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO .: 15 E 300

IN THE MATTER OF THE ESTATE OF:

LARRY EDISON

MORGAN, DECEASED. NOTICE TO

CREDITORS

THE UNDERSIGNED, having qualified as Executor for the Estate of Larry Edison Morgan, deceased October 17, 2015, of Transylvania County, North Carolina; this is to notify all persons, firms and corporations having claims against and creditors for the estate of said deceased to exhibit and present their claims to the undersigned on or before the 10th day of February, 2016, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate settlement of same to the undersigned.

This, the 12th day of November, 2015.

Ervin W. Bazzle, Executor

of the Estate of Larry Edison Morgan

c/o BAZZLE & CARR, P.A.

Attorneys at Law

PO Box 608

Hendersonville, NC 28793

(828) 697-4327

T/11/12/4TC - 60554

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STATE OF

North Carolina IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 15E292

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Barbara Warren Raines of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Barbara Warren Raines to present them to the undersigned on or before February 5, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: Nov. 5, 2015

Jamie Warren

1675 Jenkins Valley Road

Alexander, NC 28701

T/11/5/4TC-60506

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IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania COUNTY

11SP195

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MICHAEL DENNIS BAXLEY AND

CHARLOTTE BAXLEY DATED JANUARY 26, 2007 AND RECORDED IN BOOK 392 AT

PAGE 691 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 December 10, 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 that 10.524 acre tract of land more particularly described as Parcel “A” on that plat recorded in File 10 at Slide 600, Transylvania County Registry, reference to which is hereby made for a more particular description of said tract

And Being more commonly known as: 1940 Whitmire Rd, Brevard, NC 28712

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Michael Dennis Baxley and Charlotte Baxley.

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, em-ployees, 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), which-ever 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 renew-ed 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 October 6, 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/

10-004744

T/11/26/2TC - 60286

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

File No: 15 SP 87

NOTICE OF SALE

TAKE NOTICE THAT: Raintree Realty and Construction, Inc., Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as follows:

1. The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Joseph R. Branim and Candice D. Branim, husband and wife, original mortgagors, and recorded in the Office of the Transylvania County Register of Deeds in Deed of Trust Book DOC 540, at Page 23. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A

2. The property will be sold by the Substitute Trustee at 11:00 a.m. on the 3rd day of December, 2015 at the Transylvania County Courthouse door in the City of Brevard, North Carolina.

3. The real property to be sold is generally described as Lot 31 of Unit 24 and Lot 32 of Unit 24, Connestee Falls Development, on Ugugu Drive, Brevard, NC 28712* and is more particularly described as follows:

Being all of that property described in that certain Deed of Trust recorded in Book DOC 540, at Page 23 of the Transylvania County, North Carolina Registry.

Any property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Transylvania County, North Carolina Registry.

*The general description of the property is provided for convenience but is not guaranteed; the legal description in the Deed of Trust controls.

4. Any buildings located on the above-described property are also included in the sale.

5. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substitute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00).

6. All bidders bid for the property AS IS on the date of sale. Absolutely no warranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee.

7. The property will be sold subject to all unpaid taxes and special assessments.

8. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust.

9. 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.

10. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units, including single-family residential real property: 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 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.

11. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to North Carolina General Statute section 45-21.33A.

THIS the 26th day of October, 2015.

SUBSTITUTE TRUSTEE:

RAINTREE REALTY AND

CONSTRUCTION, INC.

By: Joel T. York, Vice-President

P.O. Box 8942

Asheville, NC 28814

Phone: 828-777-5250

T/11/19/2TC - 60457

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Requesting Subcontractor Quotes

From MBE & WBE certified subcontractors and suppliers for:

NC Department of Transportation Contract #:DN00114 and DN00115

Letting Date: December 8, 2015

Quotes should be received by Graham County Land Company no later than 3:00 pm the day prior to the bid date. Please send quotes by fax to 828-479-0124 or email to jeff@gclnc.com. Project documents are available for viewing on the NCDOT website (www.ncdot.gov).

T/11/26/2TC - 60720

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STATE OF

North Carolina COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

15 CVD 62

NOTICE OF SERVICE OF

PROCESS BY

PUBLICATION

COUNTY OF TRANSYLVANIA, A Body Politic and Corporate, Plaintiff

vs. UNKNOWN HEIRS OF CORDA ARROWOOD HICE AKA

CORDIA HICE AKA LILLY CORDIA HICE AKA CORDIE HICE, Owner,

Defendants

To: Unknown Heirs of Cordia Hice

Aka Cordia Hice aka Lilly

Cordia Hice aka Cordie Hice

Last Known Address: c/o Becky Grose

264 Watercourse Way

Greer, South Carolina 29631

TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action in the County of Transylvania, and notice of service of process by publication begins on November 5, 2015.

The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property (Parcel ID # 8594-78-0471, known as Off State Highway # 1537) described through legal description at Deed Book 96 at Page 77 of the Transylvania County Registry, which is more completely described in the Complaint. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property.

You are required to defend such pleading no later than forty (40) days after the date of the first Publication of Notice stated above, exclusive of such date, being forty days after November 12, 2015, which is December 23, 2015, and upon your failure to do so, the party seeking service of process by publication will apply to the court for the relief sought.

THIS the 12th day of November, 2015.

ROBERTS & STEVENS, P. A.

/s/Marjorie R. Mann

Attorney for Plaintiff

P.O. Box 7647

Asheville, NC 28802

Telephone: (828)252-6600

Facsimile: (828)210-6554

N.C. Bar No.:13202

T/11/12/3TC - 60534

 
 

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