The Transylvania Times -

Legal Notices for August 25, 2016

 


NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Brevard Board of Adjustment will meet in the Council Room of the Municipal Building located at 95 W. Main St. in Brevard, North Carolina, on Tuesday, September 6, 2016 at 3:00 P.M. The following case will be considered:

The purpose of this meeting is to discuss the VARIANCE APPLICATION Judy Wilson

(V16-000001).

VAR Request – Judy Wilson

Request of Judy Wilson for a variance in the front setback from 10’ to 4’. The property is located at 218 Rosman Highway within the corporate limits of the City of Brevard, further identified by PIN 8585-37-1758-000.

The submitted application and accompanying information regarding the above-described request is available for review within the City Planning Department, 95 West Main Street, Brevard, NC 28712.

If you have any questions, please feel free to contact the City of Brevard Planning and Zoning Department at 828-885-5630

T/8/25/2TC-63129

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NORTH CAROLINA

Transylvania

COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

16 SP 58

NOTICE OF

FORECLOSURE SALE

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM HOMER DAVID CHAPPELL, JR. (DECEASED), DATED JUNE 24, 2010, RECORDED IN BOOK DOC 542, PAGE 627, TRANSYLVANIA

COUNTY REGISTRY, AND AS MODIFIED BY MODIFICATION TO DEED OF TRUST/MORTGAGE RECORDED IN BOOK DOC 662, PAGE 528, Transylvania

COUNTY REGISTRY

Pursuant to an order entered August 2, 2016, in the Superior Court for Transylvania County, and the power of sale contained in the captioned deed of trust (“Deed of Trust”), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash,

AT THE COURTHOUSE DOOR IN

BREVARD, Transylvania County, North CAROLINA

ON SEPTEMBER 2, 2016,

AT 10:00 A.M.

the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in Transylvania County, North Carolina, and being more particularly described as follows:

The following real property situate in the county of Transylvania and State of North Carolina, described as follows:

Lot 6 of the Mountain High Subdivision as shown by plat thereof recorded in Plat File No. 1, Slide 150, records of plats for Transylvania County, North Carolina, reference to which is hereby made for a more complete description of the property herein conveyed. Being all of the same land described in a deed dated April 26, 1986, and recorded in Deed Book 305, Page 594, Transylvania County Registry.

Parcel ID: 8532-52-7361-000

Property Address: 53 Hickory Hollow Rd.

In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.

The record owners of the real property not more than ten days prior to the date hereof are the heirs of Homer David Chappell, Jr .: John Chappell and spouse, Julie Chappell, Randy Chappell and spouse, Mary Chappell, Nancy Dvorak and spouse, John Dvorak, and Shelia Chappell-Peterson.

A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by non-warranty deed.

This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.

The purchaser of the property described above shall pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A 308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.

To the extent this sale involves residential property with less than fifteen (15) rental units, including single family residential real property, you are hereby notified of the following:

a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and

b. 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 ten (10) days, but no more than ninety (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.

This 2nd day of August 2016.

POYNER SPRUILL LLP

By:

Deborah E. Sperati, Esq.

Attorneys for Spruillco, LLC

3993 Sunset Avenue

P.O. Box 353

Rocky Mount, NC 27802

Telephone: (252) 972-7022

T/8/25/2TC-62986

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AMENDED NOTICE OF FORECLOSURE SALE 14 SP 34

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Kimberly D. Holstein (PRESENT RECORD OWNER(S): Kimberly Drennen Holstein) to Scott D. Neumann, Trustee(s), dated the 20th day of March, 2000, and recorded in Book 7, Page 88, 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 7, 2016 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 at an existing iron pin, said point being located South 15 deg. 14 min. 31 sec. West 1133.96 feet from N.C. Grid Monument Triangle, N=558,408.77 feet, E=884,066.68 feet, C.F. = 0.9997728, N.A.D. 83 Data thence running along the Southern boundary line of Hanson as described in Deed Book 352, Page 691, and in Deed Book 437, Page 141, Transylvania County Registry, North 65 deg. 33 min. 06 sec. East 123.76 feet to a new iron pin, thence running along the Western boundary line of the William C. Carr property as described in Deed Book 201, Page 59, Transylvania County Registry, South 20 deg. 35 min. 49 sec., East to an existing iron pin and a fence corner, thence with the Northern boundary line of the Mildred Orr property as described in Deed Book 125, Page 62 and Deed Book 253, Page 424, Transylvania County Registry, South 65 deg. 36 min. 47 sec. West to an existing iron pin, thence parallel with Hamilton Drive, North 20 deg. 54 min. 54 sec. West 79.43 feet to the Point of Beginning. Being .225 acres, as surveyed by Clarence A. Jenkins, P.L.S., on March 9, 2000. Together with improvements located thereon; said property being located at 34 Hamilton Drive, Brevard, North Carolina.

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.

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.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this 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.

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.hutchenslaw firm.com

Case No: 1133148 (FC.FAY)

T/8/25/2TC-63058

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NOTICE OF

FORECLOSURE SALE

16 SP 24

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Darren D. Vassalotti and Donna L. Vassalotti (PRESENT RECORD OWNER(S): Donna L. Vassalotti) to Atty. William Walti Pettit, Trustee(s), dated the 16th day of July, 2002, and recorded in Book 110, Page 774, 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 7, 2016 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:

Being all of that parcel, entitled Shirley McCarson Pace, as shown on Plat File 8, Slide 473 as recorded in the records of plats, Transylvania County Registry, North Carolina. and a new plat recorded in Plat File 9, Slide 744, Transylvania County Registry. Together with improvements located thereon; said property being located at 144 Laurel Creek, Cedar Mountain, North Carolina. This conveyance is made subject to the 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 and to all rights of way for public utilities which may presently appear of record. Subject to a 20-foot joint easement of right of way leading from this property over the existing unnamed private road leading from this property to the public road. Subject to the Road Maintenance and Right of Way Deed as recorded in Book 350, page 22, Transylvania County Registry. Subject to a Boundary Line Agreement as recorded in Deed Book 457, Page 306, 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.

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.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this 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.

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.hutchenslaw firm.com

Case No: 1175608 (FC.FAY)

T/8/25/2TC-63116

IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania

COUNTY

16SP3

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MELBA M. HAMPTON AKA MELBA M. LEMLY AND MICHAEL LEMLY DATED OCTOBER 25, 2005 AND RECORDED IN BOOK 315 AT PAGE 553 AND REFORMED BY JUDGMENT RECORDED DECEMBER 17, 2015 IN BOOK DOC 749 AT PAGE 546 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 8, 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:

ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE City of Brevard, LITTLE RIVER TOWNSHIP, Transylvania County, NORTH Carolina AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING ON A CONCRETE MONUMENT, THE BEGINNING CORNER OF PROPERTY THIS DAY CONVEYED TO JOY M. DRAKE, SAID CONCRETE MONUMENT BEING IN THE LINE OF PROPERTY BELONGING TO LEWIS HAYES MERRILL AS DESCRIBED IN DEED BOOK 300, PAGE 215 OF THE Transylvania County REGISTRY; THENCE RUNNING FROM SAID CONCRETE MONUMENT AND WITH THE LINE OF THE LEWIS HAYES MERRILL PROPERTY SOUTH 86 DEG. 00 MIN. 00 SEC. EAST 226.62 FEET TO AN EXISTING IRON PIN AT OR NEAR THE Western MARGIN OF CRAB CREEK ROAD KNOW AS STATE ROAD 1528; THENCE DOWN AND WITH THE EASTERN MARGIN OF CRAB CREEK ROAD KNOW AS STATE ROAD 1528 THE FOLLOWING TWO (2) CALLS: SOUTH 23 DEG. 56 MIN. 00 SEC. EAST 145.65 FEET; THENCE SOUTH 33 DEG. 42 MIN. 00 SEC. EAST 199.46 FEET TO A POINT AT THE CENTER OF STATE ROAD 1564 AT THE Western EDGE OF THE PAVEMENT OF STATE ROAD 1528; THENCE DOWN AND WITH THE CENTER OF STATE ROAD 1564 SOUTH 82 DEG. 42 MIN. 00 SEC. EAST 153.79 FEET TO A POINT IN THE CENTER OF STATE ROAD 1564; THENCE CONTINUING WITH THE CENTER OF STATE ROAD 1564 SOUTH 74 DEG. 19 MIN. 00 SEC. EAST 200.14 FEET; THENCE SOUTH 71 DEG. 19 MIN. 00 SEC. EAST 93.30 FEET TO A POINT IN LINE OF PROPERTY THIS DAY CONVEYED TO JOY M. DRAKE PROPERTY North 10 DEG. 08 MIN. 13 SEC. EAST 30 FEET TO AN IRON ROD; THENCE North 10 DEG. 08 MIN. 13 SEC. EAST 184.70 FEET TO THE POINT AND PLACE OF BEGINNING.

CONTAINING 1.88 ACRES, MORE OR LESS, AS SURVEYED AND PLATTED BY P. ROBERT RAXTER, RLS, MARCH 24, 1992, AND FURTHER BEING ALL THAT TRACT ENTITLED “MELBA M. HAMPTON TRACT’ CONTAINING 1.88 ACRES AS REFLECTED ON PLAT RECORDED IN PLAT FILE 4, SLIDE 457 IN THE OFFICE OF THE REGISTER OF DEEDS FOR Transylvania County.

LESS AND EXCEPT:

SITUATE, LYING AND BEING IN LITTLE RIVER TOWNSHIP, Transylvania County, NORTH Carolina, AND BEING A PORTION OF THAT PROPERTY CONVEYED BY DEED DATED NOVEMBER 25, 1997 AND RECORDED IN DEED BOOK 424 AT PAGE 729, TCR AND BEING MORE PARTICULARLY DESCRIBED FROM SURVEY ENTITLED “MELBA HAMPTON: DATED JANUARY 2, 1998 BY FREELAND-CLINKSCALES AND ASSOC. INC. AS FOLLOWS:

BEGINNING AT THE CENTER OF THE INTERSECTION OF STATE ROAD 1528, SAID STATE ROAD ALSO KNOWN AS CRAB CREEK ROAD AND STATE ROAD 1564, SAID STATE ROAD ALSO KNOWN AS OLD CRAB CREEK ROAD, FROM SAID BEGINNING POINT AND RUNNING ALONG AND WITH THE CENTERLINE OF STATE ROAD 1564 North 82 DEGREES 42 MINUTES 00 SECONDS WEST 155.77 FEET TO A POINT; THENCE CONTINUING WITH SAID STATE ROAD North 74 DEGREES 19 MINUTES 03 SECONDS WEST 129.98 FEET TO A POINT; THENCE LEAVING SAID STATE ROAD A NEW LINE North 18 DEGREES 16 MINUTES 56 SECONDS EAST 135.44 FEET TO A NEW IRON PIN; THENCE ANOTHER NEW LINE SOUTH 75 DEGREES 50 MINUTES 06 SECONDS EAST 132.12 FEET TO PK NAIL SET IN THE CENTERLINE OF STATE ROAD 1528; THENCE RUNNING ALONG AND WITH THE CENTERLINE OF SAID STATE ROAD SOUTH 33 DEGREES 42 MINUTES 00 SECONDS EAST 179.05 FEET TO THE POINT AND PLACE OF BEGINNING, CONTAINING 0.66 ACRES MORE OR LESS

And Being more commonly known as: 2600 Crab Creek Rd, Penrose, NC 28766

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Melba M. Hampton Lemly.

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 August 18, 2016.

Satterfield Legal, PLLC

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/14-058049

T/8/25/2TC-63120

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

File No: 15 SP 60

NOTICE OF SALE

TAKE NOTICE THAT: Raintree Realty and Construction, Inc., Substit-ute 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 Priscilla Galloway Unmarried, original mortgagor, and recorded in the Office of the Transylvania County Register of Deeds in Deed of Trust Book DOC 538, at Page 687. 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 10:00 a.m. on the 8th day of September, 2016 at the Transylvania County Courthouse door in the City of Brevard, North Carolina.

3. The real property to be sold is generally described as 1.0662 acres, Amazing Grace Lane, Brevard, North Carolina 28712* and is more particularly described as follows:

Being all of that property described in that certain Deed of Trust recorded in Book DOC 538, at Page 687 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 permanent impro-vements 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

IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania

COUNTY

16SP3

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MELBA M. HAMPTON AKA MELBA M. LEMLY AND MICHAEL LEMLY DATED OCTOBER 25, 2005 AND RECORDED IN BOOK 315 AT PAGE 553 AND REFORMED BY JUDGMENT RECORDED DECEMBER 17, 2015 IN BOOK DOC 749 AT PAGE 546 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 8, 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:

ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE City of Brevard, LITTLE RIVER TOWNSHIP, Transylvania County, NORTH Carolina AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING ON A CONCRETE MONUMENT, THE BEGINNING CORNER OF PROPERTY THIS DAY CONVEYED TO JOY M. DRAKE, SAID CONCRETE MONUMENT BEING IN THE LINE OF PROPERTY BELONGING TO LEWIS HAYES MERRILL AS DESCRIBED IN DEED BOOK 300, PAGE 215 OF THE Transylvania County REGISTRY; THENCE RUNNING FROM SAID CONCRETE MONUMENT AND WITH THE LINE OF THE LEWIS HAYES MERRILL PROPERTY SOUTH 86 DEG. 00 MIN. 00 SEC. EAST 226.62 FEET TO AN EXISTING IRON PIN AT OR NEAR THE Western MARGIN OF CRAB CREEK ROAD KNOW AS STATE ROAD 1528; THENCE DOWN AND WITH THE EASTERN MARGIN OF CRAB CREEK ROAD KNOW AS STATE ROAD 1528 THE FOLLOWING TWO (2) CALLS: SOUTH 23 DEG. 56 MIN. 00 SEC. EAST 145.65 FEET; THENCE SOUTH 33 DEG. 42 MIN. 00 SEC. EAST 199.46 FEET TO A POINT AT THE CENTER OF STATE ROAD 1564 AT THE Western EDGE OF THE PAVEMENT OF STATE ROAD 1528; THENCE DOWN AND WITH THE CENTER OF STATE ROAD 1564 SOUTH 82 DEG. 42 MIN. 00 SEC. EAST 153.79 FEET TO A POINT IN THE CENTER OF STATE ROAD 1564; THENCE CONTINUING WITH THE CENTER OF STATE ROAD 1564 SOUTH 74 DEG. 19 MIN. 00 SEC. EAST 200.14 FEET; THENCE SOUTH 71 DEG. 19 MIN. 00 SEC. EAST 93.30 FEET TO A POINT IN LINE OF PROPERTY THIS DAY CONVEYED TO JOY M. DRAKE PROPERTY North 10 DEG. 08 MIN. 13 SEC. EAST 30 FEET TO AN IRON ROD; THENCE North 10 DEG. 08 MIN. 13 SEC. EAST 184.70 FEET TO THE POINT AND PLACE OF BEGINNING.

CONTAINING 1.88 ACRES, MORE OR LESS, AS SURVEYED AND PLATTED BY P. ROBERT RAXTER, RLS, MARCH 24, 1992, AND FURTHER BEING ALL THAT TRACT ENTITLED “MELBA M. HAMPTON TRACT’ CONTAINING 1.88 ACRES AS REFLECTED ON PLAT RECORDED IN PLAT FILE 4, SLIDE 457 IN THE OFFICE OF THE REGISTER OF DEEDS FOR Transylvania County.

LESS AND EXCEPT:

SITUATE, LYING AND BEING IN LITTLE RIVER TOWNSHIP, Transylvania County, NORTH Carolina, AND BEING A PORTION OF THAT PROPERTY CONVEYED BY DEED DATED NOVEMBER 25, 1997 AND RECORDED IN DEED BOOK 424 AT PAGE 729, TCR AND BEING MORE PARTICULARLY DESCRIBED FROM SURVEY ENTITLED “MELBA HAMPTON: DATED JANUARY 2, 1998 BY FREELAND-CLINKSCALES AND ASSOC. INC. AS FOLLOWS:

BEGINNING AT THE CENTER OF THE INTERSECTION OF STATE ROAD 1528, SAID STATE ROAD ALSO KNOWN AS CRAB CREEK ROAD AND STATE ROAD 1564, SAID STATE ROAD ALSO KNOWN AS OLD CRAB CREEK ROAD, FROM SAID BEGINNING POINT AND RUNNING ALONG AND WITH THE CENTERLINE OF STATE ROAD 1564 North 82 DEGREES 42 MINUTES 00 SECONDS WEST 155.77 FEET TO A POINT; THENCE CONTINUING WITH SAID STATE ROAD North 74 DEGREES 19 MINUTES 03 SECONDS WEST 129.98 FEET TO A POINT; THENCE LEAVING SAID STATE ROAD A NEW LINE North 18 DEGREES 16 MINUTES 56 SECONDS EAST 135.44 FEET TO A NEW IRON PIN; THENCE ANOTHER NEW LINE SOUTH 75 DEGREES 50 MINUTES 06 SECONDS EAST 132.12 FEET TO PK NAIL SET IN THE CENTERLINE OF STATE ROAD 1528; THENCE RUNNING ALONG AND WITH THE CENTERLINE OF SAID STATE ROAD SOUTH 33 DEGREES 42 MINUTES 00 SECONDS EAST 179.05 FEET TO THE POINT AND PLACE OF BEGINNING, CONTAINING 0.66 ACRES MORE OR LESS

And Being more commonly known as: 2600 Crab Creek Rd, Penrose, NC 28766

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Melba M. Hampton Lemly.

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 August 18, 2016.

Satterfield Legal, PLLC

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/14-058049

T/8/25/2TC-63120

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

File No: 15 SP 60

NOTICE OF SALE

TAKE NOTICE THAT: Raintree Realty and Construction, Inc., Substit-ute 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 Priscilla Galloway Unmarried, original mortgagor, and recorded in the Office of the Transylvania County Register of Deeds in Deed of Trust Book DOC 538, at Page 687. 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 10:00 a.m. on the 8th day of September, 2016 at the Transylvania County Courthouse door in the City of Brevard, North Carolina.

3. The real property to be sold is generally described as 1.0662 acres, Amazing Grace Lane, Brevard, North Carolina 28712* and is more particularly described as follows:

Being all of that property described in that certain Deed of Trust recorded in Book DOC 538, at Page 687 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 permanent improvements 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 12th day of August, 2016.

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/8/25/2TC-63081

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16E271

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Tony Lee Rhodes of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Tony Lee Rhodes to present them to the undersigned on or before November 4, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 4, 2016.

Susan Carol Fisher

42 Avian Court

Brevard, NC 28712

T/8/4/4TP-62965

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STATE OF

North Carolina IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

COUNTY OF

Transylvania FILE NO. 16-E-291

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Esther Mae Ledford Winget of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Esther Mae Ledford Winget to present them to the undersigned on or before November 29, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: August 29, 2016.

James M. Winget Jr.

153 Celia Drive

Luling, LA 70070

T/8/25/4TP-63140

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NOTICE OF

FORECLOSURE SALE

North Carolina, Transylvania

COUNTY

16 SP 63

Under and by virtue of the Power of Sale contained in that certain Deed of Trust executed by Richard E. Willix, Jr. and Sarah E. Willix to A. Grant Whitney, Trustee, for the benefit of Mortgage Electronic Registration Systems, Inc., solely as nominee for Movement Mortgage, LLC, dated July 16, 2014, recorded on July 16, 2014, in Deed Book DOC 697, Page 413, Transylvania County Registry, North Carolina, as last transferred to JP Morgan Mortgage Acquisition Corp., by assignment recorded in Deed Book DOC 768, Page 133-135, Transylvania County Registry, North Carolina, conveying the after-described property to secure a Note in the original principal amount of $141,836.00, with interest thereon as set forth therein.

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 said Deed of Trust by an instrument duly recorded in the Office of the Register of Deed 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 Transylvania County, North Carolina, at 10:00 a.m. on September 8, 2016, and will sell to the highest bidder for cash the following described property, to wit:

Tract I

BEGINNING at a stake in the Southeast margin of Allison Road, Northwest corner of Lot#22, and runs thence with the line of Lot #22, South 48 deg. 23 min. East 170.11 feet to a stake; thence South 30 deg. 43 min. West 100.51 feet to a stake; Southeast corner of Lot #20; thence along the line of Lot #20 North 45 deg. 36 min. West 173.78 feet to a stake in the Southeast margin of Allison Road; thence along the Southeast margin of Allison Road on a radius of 286.48 feet. 8.28 feet to a stake; thence still with the margin of said Allison Road, North 41 deg. 38 min. East 83.72 feet to the BEGINNING, and being all of Lot #21, Section 4 of Pisgah Heights Subdivision, plat of which said subdivision is on file in Plat Book 2, page 102, Records of Plats for Transylvania County.

Tract II

BEGINNING on an iron pin, the Easternmost comer of Lot 21 of Pisgah Heights Subdivision as more fully described in that certain plat found in Plat Book 2, Page 103 in the Transylvania County Registry; and running thence South 49 deg. 23 min. East 15.00 feet to a stake; thence South 39 deg. 43 min. West 100.51 feet to a stake; thence North 45 deg. 36 min. West 30.05 feet to an iron pin in the Southern Boundary of Lot 21; thence North 39 deg. 43 min. East 100.51 feet to an iron pin in the Southern Boundary of Lot 22; thence South 48 deg. 23 min. East 15.02 feet to the iron pin and point of BEGINNING. Being all of a 15 foot right of way which was claimed by Norfolk and Southern Railway lying outside said Lot 21 and also 15 feet along the back of Lot 21 which was also claimed by Norfolk and Southern Railway.

The address for the real property is as follows: 128 Allison Road, Brevard, NC 28712

Third party purchasers must pay the excise tax, pursuant to N.C.G.S. Section 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00), or fractional part thereof, and the Clerk of Courts fee, pursuant to N.C.G.S. Section 7A-308, in the amount of Forty-Five Cents ($0.45) per each One Hundred Dollars ($100.00) or fractional part thereof or Five Hundred Dollars ($500.00), whichever is greater. A deposit of five percent (5%) of the bid, or “Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be immediately due and owing.

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 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, special assessments, land transfer taxes, if any, and encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Richard E. Willix, Jr. and Sarah E. Willix.

PLEASE TAKE NOTICE: An order for possession of the property may be issued pursuant to N.C.G.S. Section 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk if the 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 or after October 7, 2007, may, after receiving the notice of sale, terminate the rental agreement upon ten (10) days written notice to the landlord. The notice shall also state that upon termination of a rental agreement, that tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

Carolee Berasi, Esquire

Shelton, Harrison & Pinson, LLPC

701 Highlander Blvd.,

Suite 270

Arlington, TX 76015

Telephone: 817-822-7550

T/8/18/2TP-63080

 
 

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