The Transylvania Times -

Legal Notices for March 21, 2016

 


STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 15-E-233

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of David Hicks Baynard of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of David Hicks Baynard to present them to the undersigned on or before June 7, 2016, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 7th day of March, 2016.

Vicki Michelle Baynard

Personal Representative

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/3/7/4TC - 61536

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STATE OF

North CAROLINA

TRANSYLVANIA

COUNTY

SUPERIOR COURT

File No. 16-E-78

NOTICE TO

CREDITORS

I have qualified as Administrator of the Estate of Margie H. Connolly, Deceased, of Douglas County, GA. All persons, firms, and corporations having claims against the Estate must present them to me on or before June 7, 2016, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Administrator.

Dated: March 7, 2016

H. Wayne Connolly, Administrator

1136 Williamson Creek Road

Pisgah Forest, NC 28768

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Administrator

M/3/7/4TC - 61533

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

CREDITORS’ NOTICE

Having qualified as Executor of the Estate of Robin E. Harris, deceased, of the County of Transylvania, State of North Carolina, this is to notify all persons, firms and corporations having claims against said estate to present them to the undersigned or to his attorneys on or before the 14th day of June, 2016, or this notice will be pleaded in bar of recovery. All persons, firms and corporations indebted to said estate will make settlement at once to the undersigned or to his attorney.

Robert Leon Wilson, Executor

Estate of Robin E. Harris

147 Bert’s Place

Penrose, NC 28766

Sharon B. Alexander

Prince, Youngblood & Massagee, PLLC

Attorneys

240 Third Avenue West

Hendersonville, N.C. 28739

M/3/14/4TC - 61611

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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 April 5, 2016 at 10:00AM, 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

M3/21/2TC - 61621

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STATE OF

North CAROLINA

Transylvania County SUPERIOR COURT

File No. 16-E-37

NOTICE TO

CREDITORS

I have qualified as Executor of the Estate of Jean W. Haring (the same as Isabel Jean Haring), Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before May 29, 2016, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: February 29, 2016

Jean E. Haring, Executor

P.O. Box 1995

Brevard, NC 28712

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Executor

M/2/29/4TC - 61140

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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-29

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of John C. Lathrop of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of John C. Lathrop to present them to the undersigned on or before June 14, 2016, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 14th day of March, 2016.

Leslie Lathrop Personal Representative 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/3/14/4TC - 61623

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STATE OF

North CAROLINA

Transylvania County

SUPERIOR COURT

File No. 15-E-346

NOTICE TO

CREDITORS

I have qualified as Executor of the Estate of June L. Mayhew, Deceas-ed, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before May 29, 2016, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: February 29, 2016

Donald E. Jordan, Executor

4 West Main Street, Suite 5

Brevard, NC 28712

M/2/29/4TC - 61441

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STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

Transylvania

FILE NO. 15E304

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Administrator of the Estate of Brian Keith Guinn of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Brian Keith Guinn to present them to the undersigned on or before June 7, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 7, 2016.

Teresa A. Guinn

2200 Walnut Hollow Road

Brevard, NC 28712

M/3/7/4TP - 61537

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STATE OF

North Carolina

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 16-E-73

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Robert Henry Sitton of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Robert Henry Sitton to present them to the undersigned on or before June 14, 2016 or the claim will be forever barred

thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 14, 2016.

Marie Sitton

85 Dove Dr.

Brevard, NC 28712

M/3/14/4TP - 61628

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STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 16E91

EXECUTOR’S —- ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Robert David Garren of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Robert David Garren to present them to the undersigned on or before June 21, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 21, 2016.

Larry Randall Garren

3604 Hope Valley Road

Durham, NC 27707

M/3/21/4TP - 61688

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STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 16E91

EXECUTOR’S —- ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Robert David Garren of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Robert David Garren to present them to the undersigned on or before June 21, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 21, 2016.

Tracy Lynn Payne

106 Mountain View Dr.

Liberty, SC 29657

M/3/21/4TP - 61689

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IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania

COUNTY

16SP1

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY STEVEN F. CAGEN AND NANCY J. CAGEN DATED FEBRUARY 5, 2010 AND RECORDED IN BOOK DOC 529 AT PAGE 480 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 April 6, 2016 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 AN UNMARKED POINT IN THE CENTER OF U. S. HIGHWAY NO. 64 LOCATED North 57 DEG. 37 MIN. 03 SEC. WEST 180.23 FEET FROM A NAIL FOUND IN THE CENTER OF U. S. HIGHWAY NO. 64 AT THE INTERSECTION WITH SR 1155; AND RUNNING THENCE North 14 DEG. 17 MIN. 25 SEC. EAST 22.74 FEET TO AN IRON ROD SET; THENCE North 14 DEG. 17 WIN. 25 SEC. EAST 149.91 FEET TO UNMARKED POINT, SAID UNMARKED POINT STANDING North 57 DEG.04 MIN. 09 SEC. WEST 8.16 FEET FROM THE CORNER OF THAT CERTAIN TRACT FOUND IN DEED BOOK 205 AT PAGE 463 IN THE Transylvania REGISTRY, LYING JUST WEST OF A GRAVEL DRIVE; AND RUNNING THENCE FROM SAID UNMARKED POINT, North 14 DEG. 17 MIN. 25 SEC, EAST 1113.25 FEET TO AN IRON ROD SET; THENCE North 57 DEG. 40 MIN. 00 SEC, WEST 64.35 FEET TO AN IRON ROD SET STANDING SOUTH 28 DEG. 15 MIN. 58 SEC. WEST 215.28 FEET FROM A 1/2 INCH IRON PIN FOUND; AND RUNNING THENCE FROM SAID IRON ROD SET, SOUTH 28 DEG. 15 MIN, 58 SEC. WEST 107.00 FEET TO A 1 INCH IRON PIN FOUND IN THE EASTERN BOUNDARY OF LANGFORD’S PROPERTY DESCRIBED IN DEED BOOK 209 AT PAGE 439 IN THE Transylvania County REGISTRY; THENCE CONTINUING WITH SAID EASTERN BOUNDARY, SOUTH 11 DEG. 06 MIN. 11 SEC. WEST 147.48 FEET, CROSSING A 3/4 INCH IRON PIN FOUND TO AN UNMARKED POINT IN THE CENTER OF U.S. HIGHWAY NO. 64; THENCE DOWN AND WITH THE CENTER OF U. S. HIGHWAY NO. 64, SOUTH 57 DEG. 40 MIN. 38 SEC. EAST 81.16 FEET TO THE UNMARKED POINT AND POINT OF BEGINNING. CONTAINING 0.52 ACRES

And Being more commonly known as: 18750 US Hwy 64, Sapphire, NC 28774

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Steven F. Cagen and Nancy J. Cagen.

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 March 16, 2016.

Grady I. Ingle or

Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

15-073948

M/3/21/2TC - 61692

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CREDITOR’S NOTICE

Serving as Trustee of the Madalyn B. Watters Trust 06/17/2013 and having qualified as Co-Collectors of the Estate of Madalyn B. Watters, deceased, late of Transylvania County, North Carolina, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned, c/o Barry B. Kempson, Esq., Van Winkle, Buck, Wall, Starnes and Davis, P.A., Attorneys-at-Law, 11 North Market Street, Asheville, NC 28801, on or before the 21st day of June, 2016, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

Diane Louise Watters Garrison, Trustee and

Co-Collector

Richard Donald Watters, Co-Collector

Estate of Madalyn B. Watters

Madalyn B. Watters Trust 06/17/2013

M/3/21/4TC - 61693

 
 

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