The Transylvania Times -

Legal Notices for January 25, 2016

 


STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 15E349

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Eloise Burtis Crow of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Eloise Burtis Crow to present them to the undersigned on or before April 25, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 25, 2016.

Edwin B. Crow

700 East Springs Road

Columbia, SC 29223

Attorney:

Stephen Hacks

9610 Two Notch Rd.

Suite 5

Columbia, SC 29223

M/1/25/4TC - 61136

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NOTICE OF

FORECLOSURE SALE

FILE NO. 15-SP-65

Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Allison and Associates Investments, LLC to MTNBK, Ltd, Trustee, dated September 17, 2009 and recorded in Book DOC 513, at Page 823 in the Transylvania County Registry, Brevard, North Carolina, default having been made in the payment of the Note thereby secured by the said Deed of Trust, and the undersigned having been substituted as Trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the Holder of the Note evidencing the 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, on January 29, 2016, at 12:30 p.m. and will sell to the highest bidder for cash the following real estate:

Generally described as certain real property, with any and all improvements thereon, located in Transylvania County, North Carolina, and being more particularly described as follows:

BEGINNING at a PK nail at the center line of the right of way for Southern Railway Railroad, said PK nail being located in the southern boundary of the Transylvania County Airport tract conveyed to Hillside Aviation Company, LLC in deed described in Deed recorded in Book 177 at Page 698, Transylvania County Reg-istry, said point further being located South 06 deg. 08 min. 35 sec. West 612.24 feet from a spike set in the center line of the right of way of Old U. S. Highway 64 (SR 1504), said point further being located in the eastern boundary of the Broadbent tract as described in Deed Book 374 at Page 592, Transylvania County Registry; thence from said Beginning point and with the center line of the Southern Railway right of way, the following eleven (11) courses and distances: South 78 deg. 44 min. 31 sec. East 68.80 feet, South 81 deg. 20min. 24 sec. East 99.66 feet, South 84 deg. 10 min. 32 sec. East 86.93 feet, South 87 deg. 00 min. 25 sec. East 90.76 feet, South 89 deg. 49 min. 40 sec. East 88.54 feet, North 87 deg. 49min. 29 sec. East 70.56 feet, North 85 deg. 04 min. 25 sec. East 92.79 feet, North 82 deg. 18 min. 35 sec. East 96.84 feet, North 79 deg. 58 min. 26 sec. East 82.75 feet, and North 79 deg. 07 min. 32 sec. East 2153.01 feet to a railroad trestle, and North 79 deg. 13 min. 24 sec. East 227.58 feet to a calculated point where the centerline of the railway right of way intersects with the center line of the right of way of Crab Creek Road (SR 1528); thence, crossing the right of way of Crab Creek Road and continuing with the centerline of the Southern Railway right of way, North 78 deg. 22min. 37 sec. East 280.95 feet to a point; thence South 11 deg. 40 min. 02 sec. West 147.73 feet to a point; thence South 05 deg. 11 min. 02 sec. West 100.00 feet to a point; thence South 07 deg. 13 min. 28 sec. East 100.00 feet to a point in the center of Crab Creek Road (SR 1538); thence South 15 deg. 47 min. 28 sec. East 100.00 feet to a point; thence South 18 deg. 27 min. 28 sec. East 100.00 feet to a point; thence South 19 deg. 21 min. 28 sec. East 100 feet to a point; thence South 25 deg. 02 min. 58 sec. East 140 feet to a point; thence South 33 deg. 54 min. 58 sec. East 90.10 feet to a point located in the center of the waters of the French Broad River, thence with the center of the French Broad River, the following ten (10) courses and distances: South 50 deg. 36 min. 02 sec. West 426.77 feet South 58 deg. 59min. 52 sec. West 510.54 feet, South 27 deg. 54 min. 52 sec. West 661.72 feet, South 84.deg. 49 min. 22 sec. West 253.19 feet, North 83 deg. 54 min. 08 sec. West 530.41 feet, South 75 deg. 52 min. 32 sec. West 503.30 feet, South 55 deg. 46 min. 42 sec. West 505.91 feet, South 47 deg. 51 min. 32 sec. West 163.16 feet, South 72 deg. 15 min. 12 sec. West 361.04 feet, and South 87 deg. 39min. 12 sec. West 566.47 feet to a point located in the boundary of the afore-referenced Broadbent tract; thence with the boundary of said Broadbent tract, the following two (2) courses and distances: North 06 deg. 56min. 22 sec. East 719.01 feet and North 06 deg. 11min. 52 sec. East 1358.74 feet to the point and place of Beginning, and being 132.01 acres, more or less, as shown on that survey prepared by Clarence A. Jenkins, PLS, entitled “Plat for the Property of Kenneth T. Allison etal.,” dated February 11, 2003, and being Job No. 03-022.

BEING that property recorded in Book 177 at Page 702, Transylvania County Registry.

Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book DOC 513, at Page 823 in the office of the Register of Deeds of Transylvania County.

This is the same property described in the Deed of Trust recorded in Book DOC 513, at Page 823 in the office of the Register of Deeds of Transylvania County.

The current property owner is Allison and Associates Investments, LLC.

The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners’ association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics’ and materialmen’s liens, and any recorded releases.

The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS, AND WITH ALL FAULTS.” Neither the Substitute 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 Substitute 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.

To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price.

A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee’s Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee’s 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 may remain liable on his bid as provided for in N.C. Gen. Stat. §§ 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale.

An order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 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.

In accordance with N.C. Gen. Stat. § 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, 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.

This the 19th day of November, 2015.

Lance P. Martin

Attorney for

WASLAW, LLC

Substitute Trustee

Post Office Box 2020

Asheville, NC 28802-2020

Telephone: 828.348.6070

M/01/18/2TC - 61042

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NOTICE OF

FORECLOSURE SALE

FILE NO. 15-SP-64

Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Hillside Investment Company, LLC to MTNBK, Ltd, Trustee, dated December 5, 2007 and recorded in Book DOC 438, at Page 367 in the Transylvania County Registry, Brevard, North Carolina, default having been made in the payment of the Note thereby secured by the said Deed of Trust, and the undersigned having been substituted as Trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the Holder of the Note evidencing the 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, on January 29, 2016, at 12:15 p.m. and will sell to the highest bidder for cash the following real estate:

Generally described as certain real property, with any and all improvements thereon, located in Transylvania County, North Carolina, and being more particularly described as follows:

BEGINNING on a stake on the south edge of the pavement on the south side of old U. S. Highway 64 over the center of a culvert over a ditch, corner the Banks Properties, LTD Tract described in Deed Book 247, at Page 462, Deed Book 281, at Page 573, Deed Book 294, at Page 379, Deed Book 294, at Page 486, Transylvania County Registry, and runs thence down and with the center of said ditch, South 43 degrees 26 minutes East 8.60 feet to a stake, thence still down and with the center of said ditch, South 43 degrees 26 minutes East 1,740.85 feet to a stake; thence still down and with the center of said ditch, South 49 degrees 23 minutes East 205. l feet to a stake; thence still down and with the center of said ditch, South 45 degrees 28 minutes East feet to a stake at the point of intersection of the center of said ditch with the center of Neely Creek; thence down and with the center of Neely Creek, South 89 degrees 41 minutes East 504.08 feet to a stake at the point of intersection of the center line of said Neely Creek with the North bank or the French Broad River, thence down and with the center of the French Broad River, North 39 degrees 30 minutes East 223.17 feet to a stake; thence still down and with the center of said river, North 58 degrees 55 minutes East 68.65 feet, thence still down and with the center of said river, North 79 degrees 04 minutes East 240.03 feet; thence still with the center of said river, South 89 degrees 59 minutes East 188.02 feet; thence North 60 degrees 25 minutes West to a stake on the North bank of the French Broad River, corner of tract formerly owned by Judson McCrary and wife, Dora McCrary, now property of Hunter, thence with the line of said Hunter property, North 60 degrees 25 minutes West 1,121.91 feet to a stake in the mouth of a spring ditch where it enters another ditch; thence up and with said ditch in the line of the Straus Park Property (Plat File 10, Slide 609), North 57 degrees 52 minutes 00 seconds West 1,302.26 feet to a stake at the forks of a ditch; thence a new line, South 46 degrees 34 minutes 00 seconds West 342.64 feet to a point, thence North 43 degrees 26 minutes 00 seconds West 599.41 feet to a point located at the south edge of the pavement of U S. Highway 64, thence with same, South 66 degrees 56 minutes 00 seconds West 32.0 feet TO THE POINT AND PLACE OF BEGINNING, and being 29.915 acres, more or less, and designated as Tract B as shown on survey prepared by Clarence A. Jenkins, PLS., entitled “Ken Allison”, dated December 15, 2004, and being Job No. 04206.

AND BEING a portion of that property designated as Parcel 1 described in deed recorded in Deed Book 442, at Page 440, Transylvania County Registry.

Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book DOC 438, at Page 367 in the office of the Register of Deeds of Transylvania County.

This is the same property described in the Deed of Trust recorded in Book DOC 438, at Page 367 in the office of the Register of Deeds of Transylvania County.

The current property owner is The Sons, LLC.

The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners’ association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics’ and materialmen’s liens, and any recorded releases.

The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS, AND WITH ALL FAULTS.” Neither the Substitute 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 Substitute 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.

To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price.

A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee’s Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee’s 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 may remain liable on his bid as provided for in N.C. Gen. Stat. §§ 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale.

An order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 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.

In accordance with N.C. Gen. Stat. § 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, 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.

This the 19th day of November, 2015.

Lance P. Martin

Attorney for

WASLAW, LLC

Substitute Trustee

Post Office Box 2020

Asheville, NC 28802-2020

Telephone: 828.348.6070

M/01/18/2TC - 61043

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STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

Transylvania BEFORE THE CLERK

FILE NO. 16-E-5

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Co-Personal Representatives of the Estate of Elizabeth L. Jones of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Elizabeth L. Jones to present them to the undersigned on or before April 11, 2016, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 11th day of January, 2016.

Katherine L. Reiff and David K. Jones Co-Personal Representatives c/o Ramsey & Pratt, P.A. 35 N Gaston Street Brevard, NC 28712

ATTORNEY:

Michael K. Pratt

Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

828-884-4113

M/01/11/4TC - 61067

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STATE OF

North CAROLINA

COUNTY OF

Transylvania IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 15E348

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Howard Roger Orr of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Howard Roger Orr to present them to the undersigned on or before April 11, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 11, 2016

Judy Ann Orr

90 Old 280

Pisgah Forest, NC 28768

M/01/11/4TP - 61044

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STATE OF

North Carolina

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 16E8

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Claire Irene Irwin of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Claire Irene Irwin to present them to the undersigned on or before April 11, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 11, 2016

William J. Carrington III

694 Tip Top Road

Brevard, NC 28712

M/01/11/4TP - 61070

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STATE OF

North Carolina

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 16E18

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Ruby Sue Bradshaw of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Ruby Sue Bradshaw to present them to the undersigned on or before April 25, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 25, 2016.

George Bradshaw

776 Fairgate Drive

Hendersonville, NC 28738

M/1/25/4TC 61152

 
 

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