The Transylvania Times -

Legal Notices For July 31, 2017

 

July 31, 2017



IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 17 E 197

North CAROLINA

Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF ALLAN JOEL AXEL, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Executor of the Estate of Allan Joel Axel, deceased, late of Transylvania County, North Carolina, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before October 24, 2017, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 24th day of July, 2017.

David E. Axel, Executor

Estate of Allan Joel Axel

Lee C. Mulligan,

Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

M/7/24/4TC-66061

________________________________________

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE 17 E 198

North CAROLINA

Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF LYNN S. DUCKETT A/K/A DOCIA LYNN STAMEY DUCKETT, Deceased

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Executor of the Estate of Lynn S. Duckett a/k/a Docia Lynn Stamey Duckett deceased, late of Transylvania County, North Carolina, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before, October 17, 2017, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This, the 17th day of July 2017.

Gary W. Duckett

c/o Strauss Attorneys, PLLC

77 Central Avenue, Suite F

Asheville, NC 28801

(828) 258-0994

M/7/17/4TC-66026

________________________________________

IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania COUNTY

17SP51

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WILLIAM R. HALL DATED FEBRUARY 22, 2008 AND RECORDED IN BOOK 448 AT PAGE 491 RERECORDED ON APRIL 22, 2008 IN BOOK 455, PAGE 738 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 11:00AM on August 7, 2017 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 a stake in the Whitmire and Hall line and runs thence S. 10 deg E. 92 ft. to a stake at a branch; thence with the branch S. 56 deg. W. 75 It to a stake Whitmire’s corner; thence N. 33 deg W. 77ft. to a stake; thence N. 54 deg E. 115 It to the BEGINNING. Conveyed herewith is the right to use existing roadway from above described premises to the public road and the right to take water from the spring located on the property of the parties of the first part, together with the right of ingress, egress, and regress for the purpose of laying, maintaining, and replacing water line

And Being more commonly known as: 17 J. Holden Dr, Rosman, NC 28772

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Estate of William R. Hall.

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 July 17, 2017.

Grady I. Ingle or

Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

17-092177

M/7/24/2TC-66041

________________________________________

NOTICE OF PROCEEDING AND

SERVICE OF PROCESS BY PUBLICATION

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-CVS-306

JODY HENRY AND ELISHA HENRY

Plaintiffs,

vs.

L. V. LEE, TRUSTEE OF AN UNRECORDED TRUST U/A/D

SEPTEMBER 6TH, 1991

Defendant.

TO: L. V. LEE, TRUSTEE

TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief sought is as follows:

1. This action is an action seeking to remove a cloud on title on Tract 1 and that the Plaintiffs be declared the owners in fee simple of the property, free and clear of any claim of Defendant; and

2. The property is hereinafter described as “Tract 1”, in the Eastatoe Township, Transylvania County, North Carolina, and more particularly described as follows:

Said real property further is defined by the following metes and bounds: Beginning at a ½ inch iron pipe, said point being the Western most point of the Roxie E. Sulo and Donna Estep property more particularly described in Deed Book 325 Page 44, Transylvania County Registry and the Southern point of the Ricky R. Galloway property more particularly described in Deed Book 316, page 89, Transylvania County Registry and thence from said beginning point South 23 deg. 29 min. 02 sec. East 830.70 feet to a ½ inch iron pipe, said point being in the Western boundary of the Transylvania County property more particularly described in Deed Book 308, page 414, Transylvania County Registry and the northeastern point of the Bonum Wilson Family Holdings, LLC more particularly described in Deed Book562, Page 335, Transylvania County Registry; thence with the Bonum property South 34 deg. 08 min. 21 sec. West 522.49 feet to a marked Black Gum; thence Northwest 37 deg. 21 min 14 sec West 1,153.07 feet to a rebar with ID cap marked “Jenkins” and being in the line of the Michael L. Gerber and David M. Delozier property more particularly described in Deed Book 432, Page 446, Transylvania County Registry; Thence with the “Gerber Delozier” property North 32 deg. 03 min. 00 sec. East 468.03 feet to a planted stone at the intersection of the “Gerber Delozier” property and the “Galloway” property; thence with the “Galloway” property South 73 deg. 57 min. 04 sec East 430.20 feet to the point of beginning. Being 15.62 acres as surveyed by Kevin L. Jones PLS and shown on an unrecorded plat dated 05/25/2017-06/06/2017.

Plaintiffs pray to the Court that they recover judgment that the Cloud of Defendant’s adverse claim be removed from the title to Tract 1 and that Plaintiffs be declared the owners of Tract 1 in fee simple, free and clear of any claim of the Defendant.

You are required to make defense to such pleading no later than August 28th, 2017 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This the 14th day of July 2017.

Douglas R. Campen

N.C. State Bar #48198

Attorney for Plaintiff

9 Park Place West Suite 102

Brevard, NC 28712

(828) 884-6575

MT/7/17/6TC-66028

________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-219

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Juanita Buckner Holcombe of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Juanita Buckner Holcombe to present them to the undersigned on or before October 31, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 31, 2017.

Roger E. Holcombe

378 Allison Road

Brevard, NC 28712

Linda H. Petit

889 Probart Street

Brevard, NC 28712

M/7/31/4TP-66142

________________________________________

 
 

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