The Transylvania Times -

Legal Notices for December 14, 2015

 


12 SP 150

 AMENDED NOTICE OF FORECLOSURE SALE

 NORTH Carolina, Transylvania COUNTY

 

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Virginia O. Dellinger to William R Echols, Trustee(s), which was dated June 8, 2005 and recorded on June 9, 2005 in Book DOC 291 at Page 616, Transylvania County Registry, North Carolina.

 

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on December 29, 2015 at 1:00PM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

 

Beginning on a 24 inch white oak stump on top of a ridge, said stump being the southwestern corner of the Al Reese Childress property whose property is described in Deed Book 255, at Page 182 in the Transylvania County Registry, and running thence South 27 deg. 00 min. 08 sec. West 415.91 feet to an existing iron pin, corner of the Jimmy Merk property; thence with the Merk property North 29 deg. 29 min. 27 sec. West 73.57 feet to an existing iron pin, corner of the Zaludek property found in Deed Book 329 at Page 188 in the Transylvania County Registry; thence with the northeastern boundary of Zaludek, North 29 deg. 29 min. 51 sec. West 355.63 feet to an existing nail in the center of gravel road; thence North 29 deg. 29 min. 51 sec. West 39.43 feet to a point in the center of Graham Creek; thence down and with the center of Graham Creek five (5) calls as follows:  North 34 deg. 01 min. 57 sec East 97.98 feet to an unmarked point ; North 3 deg. 13 min. 25 sec. East 24.38 feet to an unmarked point;  North 37 deg. 05 min. 44 sec. East 74.65 feet to an unmarked point;  North 44 deg. 21 min. 02 sec. East 65.54 feet to an unmarked point;  and North 81 deg. 56 min. 52 sec. East 10.88 feet to an unmarked point at a point where the 24 inch culvert goes under the existing gravel roadbed in the center of said roadbed; thence near the center of the roadbed, North 24 deg. 34 min. 51 sec. East 74.70 feet across another culvert 15 inches in diameter to an iron rod set at the intersection of Cashiers Valley Road and SR #1367 and SR #1342; thence with SR #1344, Lake Sega Road, near its center, South 81 deg. 21 min. 36 sec. East 72.39 feet to an existing railroad spike just near the top of a 48 inch culvert; thence leaving said Lake Sega Road and running South 27 deg. 46 min. 35 sec. East with the Childress property referenced above 217.91 feet to an iron rod set; thence South 26 deg. 35 min. 01 sec. East 128.64 feet to a 24 inch white oak stump on top of the ridge and the point of beginning. Containing 3.55 acres, more or less, as surveyed and platted by Robert Raxter, RLS, on an unrecorded plat dated July 15, 1992.

This conveyance is conveyed subject to the existing gravel roadbed which runs along the northwestern boundary for the use and benefit of other property owners including Zaludek whose property lies West of the above property.

This conveyance is made subject to the water rights conveyed to Lois Fisher Fender by the grantors herein.

Together with the right to use the existing gravel roadbed as it leaves the property of the grantees’ 3.55 acres and runs generally in a southwestern direction across the paved driveway as the same now exists which curves around and runs generally South and East off the gravel driveway back onto the property of the grantees; that said use of said driveway and roadbed shall be in common with other people having a legal right to use same.

The cost of maintenance of said driveway shall be borne equally by all persons having a legal right to use same.

 

Save and except any releases, deeds of release or prior conveyances of record.

 

Said property is commonly known as 125 Clara Valley Road, Brevard, NC 28712.

 

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.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

 

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations 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.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are All Lawful Heirs of Virginia O. Dellinger.

 

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 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 [NCGS § 45-21.16A(b)(2)].  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.

  

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive

Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

 

File No .: 12-25524-FC01

M/12/714/2TC - 60782

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NOTICE TO

CREDITORS

Having qualified as Executor of the Estate of Lucille S. Tilden, late of Transylvania County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned, c/o Jill L. Peters, 300 N. Third Street, Suite 301, Wilmington, North Carolina 28401, on or before the 16th day of March, 2016, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.

This the 14th day of December, 2015.

Old North State Trust LLC, Executor of the

Estate of Lucille S. Tilden

Jill L. Peters

Smith Moore Leatherwood LLP

300 N. Third Street,

Suite 301

Wilmington, NC 28401

M/12/14/4TC - 60836

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STATE OF

North Carolina COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK

FILE NO .: 15 SP 82

IN THE MATTER OF:

The Simultaneous Foreclosure of the Deed of Trust executed by Shamsuddin N. Gillani and wife, Salimah S. Gillani, recorded in Book 325, Page 711, as assumed by One Stop Plaza LLC in Book 542, Pages 656 and 666; the Deed of Trust executed by­ Shamsuddin N. Gillani and wife, Salimah S. Gillani, recorded in Book 492, Page 497, as assumed by One Stop Plaza LLC in Book 542, Page 672; the Deed of Trust executed by Shamsuddin N. Gillani and wife, Salimah S. Gillani, recorded in Book 492, Page 517, and the Deed of Trust executed by Sultan’s Inc., recorded in Book 370, Page 283, as assumed by One Stop Plaza LLC in Book 542, Page 647, Transylvania County Registry.

BY: Ferikes & Bleynat, PLLC

Substitute Trustee.

NOTICE OF SALE

NOTICE IS HEREBY GIVEN that under and by virtue of the power of sale contained in the Deeds of Trust referenced to above, and under and by authority vested in the undersigned as Trustee, default having been made in the payment of the indebtedness secured by the Deeds of Trust, the undersigned Trustee will expose for sale at public auction the real property described in said Deeds of Trust as more particularly described on Exhibit A attached hereto and incorporated herein by reference.

Addresses associated with the real property subject to the foreclosure include 148, 150, 152, 165, 166, and 168 Hender-sonville Highway, 174 New Hendersonville Highway, and 175 New Hendersonville Highway, in the City of Pisgah Forest, Transylvania County, North Carolina, and the record owner thereof is One Stop Plaza LLC, as reflected in the records of the Office of the Register of Deeds of Transylvania County not more than ten (10) days prior to the posting of this Notice of Sale.

The aforesaid public auction of such real property will be held on December 21, 2015 at 10:00 a.m. at the main door of the Transylvania County Courthouse in Brevard, North Carolina.

Such real property is to be sold for cash subject to all liens, encumbrances, restrictions, easements and rights of way of record as may have priority over the liens of the Deeds of Trust, and to all taxes, water rents and special assessments, if any.

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 Notes secured by the Deeds of Trust/Security Agreements, or both, being foreclosed, nor the officers, directors, attorneys, emplo-yees, agents or authorized representatives of either the Trustee or the holder of the Notes 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.

Pursuant to North Carolina General Statutes § 45-21.10 and the terms of the Deeds of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of $750.00 or 5% of the bid, whichever is greater. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash at the time the Trustee tenders to him a deed for the real property or attempts to tender such deed, and should said successful bidder fail to pay at that time the full balance of the purchase price so bid, he shall remain liable on his bid as provided for in North Carolina General Statutes § 45-

21.30(d) and (e).

This sale shall be held open for upset bids ten (10) days after the filing of the Trustee’s report of sale with the Clerk of Superior Court of Transylvania County, North Carolina, as required by law.

This the day 19th of November, 2015.

Ferikes & Bleynat, PLLC Substitute Trustee

EXHIBIT A

Being all of the same land described in a deed from Dale A. Blythe and wife, Martha S. Blythe, and E. Sherwood Mackey and wife, Colleene P. Mackey, to Riverside Grocery, Incorporated, dated November 28, 2001, and recorded in the office of Register of Deeds for Transylvania County in Document Book 77, page 599, and also being all of the same land described in a deed from Jerry R. Briggs and wife, Doris S. Briggs, to Dale Alvin Blythe and wife, Martha S. Blythe, dated March 12, 1973, and recorded in Book 200, page 268, Record of Deeds for Transylvania County, said land being more particularly described in said deed as follows:

BEGINNING at a stake in the center of Turkey Creek and in the center of U.S. Highway 64, at the point where the bridge crosses Turkey Creek, and runs thence, with the center of Highway 64; South 67 deg. 30 min. East 395 feet to a stake; thence South 39 deg. West 175 feet to a stake; thence North 63 deg. 42 min. West 230.9 feet to a stake; thence North 65 deg. 06 min. West 97.9 feet to a stake in the center of Turkey Creek; thence, up and with Turkey Creek, to the BEGINNING.

M/12/07/2TC - 60778

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NOTICE TO

CREDITORS AND DEBTORS OF

EUGENE HERBERT LITTRELL, JR.

All persons, firms and corporations having claims against EUGENE HERBERT LITTRELL, JR, deceased are notified to exhibit them to KATHERINE A. LITTRELL, as Administrator of the decedent’s estate on or before March 1, 2016, at c/o Kimberly R. Coward, Attorney at Law, P.O. Box 1918, Cashiers, NC 28717, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above-named Administrator.

M/11/23/4TC - 60703

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 15E318

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Administrator of the Estate of Birdean H. Fullbright of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Birdean H. Fullbright to present them to the undersigned on or before March 14, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: December 14, 2015

Robert B. Fullbright

209 Tampa Circle

Arden, NC 28704

M/12/14/4TP - 60868

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STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 15E318

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Jane Arnold Masters of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Jane Arnold Masters or before March 1, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 30, 2015

Patricia Lynne Consoli

88 Tlvdasi Drive

Brevard, NC 28712

M/11/30/4TP - 60738

 
 

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