The Transylvania Times -

Legal Notices For 7-12-12

 


STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 10E178

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Sally White Searcy of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Sally White Searcy to present them to the undersigned on or before October 5, 2012 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 5, 2012

Tina Searcy Almany

293 Buena Vista

Brevard, NC 28712

T07/05/4TP

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

File No: 11 SP 49

NOTICE OF SALE

TAKE NOTICE THAT: Raintree Realty and Construction, Inc., Substitute 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 Dean Ashenfelder and Lori Ashenfelder, original mortgagors, and recorded in the Office of the Transylvania County Register of Deeds in Deed of Trust Book 274, at Page 808. 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: Dean A. Ashendfelder and Lori Ann Ashenfelder, husband and wife

2. The property will be sold by the Substitute Trustee at 12:00 p.m. (noon) on the 17th day of July, 2012 at the Transylvania County Courthouse door in the City of Brevard, North Carolina.

3. The real property to be sold is generally described as 1208 Island Ford Rd, 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 274, at Page 808 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 buildings 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. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: 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 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.

Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Public Law 111-22: Protecting Tenants at Foreclosure Act of 2009.

THIS the 14th day of June, 2012.

Substitute Trustee:

Raintree Realty and Construction, Inc.

By: Rebecca R. York, Vice President

P.O. Box 8942

Asheville, NC 28814

828-777-5250

T07/05/2TC

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 12-E-151

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Thelma Brauer of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Thelma Brauer to present them to the undersigned on or before September 28, 2012 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: June 28, 2012

Russell Matthew Brauer, Exec.

PO Box 20711, Park West Station

New York City, New York 10025

Neumann & Associates Law Firm, PLLC

41 E. Main St.

Brevard, NC 28712

828-884-6575

T06/28/4TC

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 12E142

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Elsie Kathrine Searcy of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Elsie Kathrine Searcy to present them to the undersigned on or before October 5, 2012 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 5, 2012

Tonya Michelle Eubanks

PO Box 951

Brevard, NC 28712

T07/05/4TP

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 12 E 154

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of George Graham Madgwick of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of George Graham Madgwick to present them to the undersigned on or before October 5, 2012 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 5, 2012

Margaret J. Madgwick, Executor

105 Palisades Dr.

Brevard, NC 28712

Attorney:

Margaret M. Hunt

PO Box 1175

Brevard, NC 28712

T07/05/4TC

STATE OF

North CAROLINA

COUNTY OF

Transylvania

File No: 12 SP 62

NOTICE OF SALE

TAKE NOTICE THAT: Raintree Realty and Construction, Inc., Substitute 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 Kathy Stiles Ausburn and Dennis L. Ausburn, Wife and Husband, original mortgagors, and recorded in the Office of the Transylvania County Register of Deeds in Deed of Trust Book DOC 485, at Page 103. 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: Kathy Stiles Ausburn

2. The property will be sold by the Substitute Trustee at 12:00 p.m. (noon) on the 17th day of July, 2012 at the Transylvania County Courthouse door in the City of Brevard, North Carolina.

3. The real property to be sold is generally described as 583 Falls Creek Road, Pisgah Forest, NC 28768* and is more particularly described as follows:

Being all of that property described in that certain Deed of Trust recorded in Book DOC 485, at Page 103 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 buildings 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. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: 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 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.

Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Public Law 111-22: Protecting Tenants at Foreclosure Act of 2009.

THIS the 14th day of June, 2012.

Substitute Trustee:

Raintree Realty and Construction, Inc.

By: Rebecca R. York,

Vice President

P.O. Box 8942

Asheville, NC 28814

828-777-5250

T07/05/2TC

STATE OF

North CAROLINA

IN THE GENERAL

COURT OF JUSTICE

COUNTY OF

TRANSYLVANIA

SUPERIOR

COURT DIVISION

2011 SP 198

IN THE MATTER OF THE FORECLOSURE OF

THAT DEED OF TRUST RECORDED IN

BOOK DOC 469, AT PAGE 716 ON

AUGUST 20, 2008

LAND OF WATERFALLS POOL & SPA, LLC

Grantor,

NOTICE OF

FORECLOSURE SALE

RESALE

TO: Stephen C. Wilkie, Substitute Trustee

Attention:

YOU ARE HEREBY NOTIFIED THAT THE TRUSTEE UNDER THE ABOVE REFERENCED DEED OF TRUST HAS INITIATED FORECLOSURE PROCEEDINGS. PURSUANT TO: THE PROCEDURE SET FORTH UNDER N.C.G.S. § 45-21; THE POWER OF SALE CONTAINED IN THE HEREIN REFERENCED DEED OF TRUST; AND THAT ORDER ALLOWING FORECLOSURE ISSUED BY THE CLERK OF SUPERIOR COURT FOR Transylvania County, NORTH Carolina, THE ACTING TRUSTEE WILL SELL THE PROPERTY DESCRIBED HEREIN.

(1) The particular real estate security interest being foreclosed is a Deed of Trust to H. Paul Avarette (“Original Trustee”) in favor of Rice Property Management, LLC (“Lender” / “Beneficiary”) dated August 20, 2008, recorded on August 20, 2008 in Transylvania County Register of Deeds Trust Book DOC 469, at Page 716, securing an original principal amount of $325,000.00. A particular description of the real property foreclosed is included in the herein referenced Deed of Trust, including any fixtures and personal property affixed thereto, less and excepting any portions thereof released prior to the date of this Notice, and including any additional property pledged of record subsequent to the filing of the original Deed of Trust referenced herein. The record owner of the property, as reflected on the records of the Register of Deeds not more than Ten (10) days prior to this Notice is: Land of Waterfalls Pool & Spa, LLC.

(2) The Sale referenced herein will be conducted at the main entrance (or such other customary location) of the Transylvania County COURTHOUSE in Brevard, NC on July 24 at 10:00 am.

(3) The property being sold hereunder is known as 1454 New Asheville Highway, Brevard, NC 28712, and specifically described as:

BEING all that property specifically identified in that Deed of Trust recorded in Book 469, Pages 716-720 of the records maintained by the Office of the Register of Deeds for Transylvania County, North Carolina. Reference to which is hereby made and incorporated for a more particular description.

(4) The property will be sold by the Acting Trustee to the highest bidder for CASH. The highest bidder will be required to make a CASH deposit with the Trustee at the time of the bid in an amount equal to Five percent (5%) of the bid or Seven Hundred Fifty and no/100s dollars ($750.00) which ever shall be greater. The sale will be subject to upset bids for ten (10) days following the sale as required under N.C.G.S. § 45-21.27. Following the expiration of the upset bid period the remaining balance of the bid will be immediately due in cash. Any high bidder who shall fail to tender the balance due upon the bid upon demand following the expiration of the Upset Bid period shall be personally liable on such bid in accordance with the terms set forth in N.C.G.S. § 45-20.30.

(5) All bidders bid for the property AS IS on the date of the sale, subject to any and all outstanding taxes, liens, assessments and other encumbrances which hold a superior priority position to the instrument foreclosed herein. The property being sold is all that property identified in the above referenced Deed of Trust, and specifically described in “Exhibit A.” Absolutely no warranties are made as to the condition, value or title of the property sold. The highest bidder shall assume all risk of loss, deterioration and other casualty after the date of sale. All bidders are advised to retain independent counsel to examine the title for the subject property. The property may be withdrawn from sale at any time prior to delivery of a Deed to the highest bidder.

(6) In the event that the Acting Trustee shall be unable to convey title to the property for any reason, or if the sale is successfully contested for any reason, the sole remedy of the purchaser shall be the return of any deposit paid (without any accrued interest).

(7) IN the event that the property being sold hereunder is a residential real property with less than 15 rental units, an order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser 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 upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of the rental agreement, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination.

ISSUED June 25, 2012.

Stephen C. Wilkie (SEAL)

Stephen C. Wilkie,

Acting Trustee

29 Vintage Barn Lane

Hendersonville, NC 28791

(828) 273-9191

T07/12/2TC

STATE OF

North CAROLINA

Transylvania

COUNTY

SUPERIOR COURT

File No. 11-E-262

NOTICE TO CREDITORS

I have qualified as Executor of the Estate of Jannie Isma Lister, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before September 28, 2012, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: June 28, 2012

Alan Maxcy, Executor

14515 Briarhills Parkway, Suite 118

Houston, TX 77077

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Executor

T06/28/4TC

STATE OF

North CAROLINA

Transylvania

COUNTY

SUPERIOR COURT

File No. 12-E-147

NOTICE TO CREDITORS

I have qualified as Executor of the Estate of Dennis N. Folken, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before September 28, 2012, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: June 28, 2012

Sandra G. Folken, Executor

P.O. Box 505

Sapphire, NC 28774

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Executor

T06/28/4TC

 
 

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