The Transylvania Times -

Legal Notices For 9-20-12

 


Notice to Creditors

12E198

Having qualified on the 23rd day of August, 2012, as Ancillary Executor of the Estate of CHARLES MARTIN KAISER, JR., deceased, late of Greenville County, South Carolina, this is to notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned Ancillary Executor on or before the 12th day of December, 2012, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the estate will please make immediate payment.

This the 13th day of September, 2012.

Estate of Charles Martin Kaiser Jr.

Peter Ferenc, Ancillary Executor

9614 S. Adelaide Circle

Highlands Ranch, CO 80130

A. Bailey Nager

Attorney at Law and

Registered Process Agent

P.O. Box 851

Tryon, NC 28782

T09/13/4TP

11 SP 124

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 WILLIAM G JORDAN AND CAROL S JORDAN to TRUSTEE SERVICES OF Carolina, LLC, Trustee(s), which was dated April 12, 2005 and recorded on April 18, 2005 in Book DOC 282 at Page 711, 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 October 4, 2012 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

BEING AND COMPREHENDING ALL OF THAT certain tract of land containing 2.91 acres, more or less, in Brevard Township, Transylvania County, North Carolina between the City of Brevard and Illahee Road; bounded now or formerly as follows: North by C. How (Ref: Book 284 at Page 302); East by lands of E. Bagwell (Ref: Book 144 at Page 380), Plat Book 3 at Page 51) and A.R. Sarratt (Ref: Deed Book 184 at Page 55); South by lands of H Ashworth; and Wet by land of Baker (Ref: Deed Book 325 at page 498) and C. Peevy and r. Hyder (Ref: Deed Book 268 at Page 107), said tract being more particularly described according to plat prepared by Clarence A. Jenkins, RLS on August 22, 1995 as follows:

BEGINNING on a concrete monument, common corner of the lands of H. Ashworth, J. Land, and A.R. Sarratt and runs thence along and with the line of the lands of H. Ashworth North 50 deg. 55 min. 23 sec. West 307.80 feet to an iron pin; thence; leaving the line with the lands of H. Ashworth and running along and with the line of the lands of Baker, and C. Peevy and R. Hyder North 35 deg. 59 min. 54 sec. East 593.25 feet to a concrete monument; thence, leaving the line of C. Peevy and R. Hyder and running along and with the line of the lands of C. Hoy running along and with the line of the lands of E. Bagwell, near an old fence line, South 08 deg. 10 min. 48 sec. West 403.23 feet to an iron pin, thence, leaving the line of the lands of E. Bagwell and running along and with the line of the lands of A.R. Sarratt, South 25 deg. 29 min. 37 sec. West 246.190 feet to a concrete monument, the point and place of BEGINNING.

ALONG AND TOGETHER with a non-exclusive right of way together with those of like right, over, upon and across the existing private roadway shown on a plat in Cabinet 1 at Slide 71, Records of Plats for Transylvania County, North Carolina, said plat herein incorporated by this reference for greater particularity of description of said non-exclusive right-of-way for purpose of ingress, egress and regress to and from United States Highway Number 64.

Subject to the responsibility of the owners of said lot for their proportionate share of the cost of maintaining the said roads.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 253 Sky View Terrace, Brevard, NC 28712.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1). 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.

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 William G. Jordan and wife, Carol S. Jordan.

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. The notice shall also state that 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 .: 11-04835-FC01

T09/20/2TC

AMENDED NOTICE OF FORECLOSURE SALE

12 SP 033

North Carolina,

Transylvania

COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Raymond A. Biagiotti and Mary Lou Biagiotti, Individually and Raymond A. Biagiotti, Trustee of the Raymond A. Biagiotti Trust Dated June 27, 1974, Last Amended to TRSTE, Inc., Trustee(s), which was dated February 4, 2008 and recorded on February 8, 2008 in Book DOC 446 at Page 110, 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 September 27, 2012 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

Being all of Lot 6 of Homestead Subdivision of a portion of Lake Toxaway Company, as shown by a plat thereof recorded in Plat File 5, Slide 248, Records of Plats for Transylvania County in the office of the Register of Deeds for Transylvania County, North Carolina, reference to which is hereby made for a more complete description thereof.

Subject to restrictive covenants more particularly described in Deed Book 374, Page 563, Transylvania County Registry.

Together with and subject to any and all restrictions, conditions, covenants, easements, and rights-of-way of public record.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 152 Homestead Road, Lake Toxaway, NC 28747.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1). 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.

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 The Raymond A. Biagiotti Trust and The Mary Lou Biagiotti Trust.

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. The notice shall also state that 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 .: 12-01647-FC01

T09/13/2TC

IN THE GENERAL

COURT OF JUSTICE

DISTRICT COURT

DIVISION

COUNTY OF

Transylvania 12 CVD 312

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA,

A Body Politic and

Corporate,

Plaintiff

vs.

GLORIA J. LYONS,

Owner; FIRST FEDERAL OF

SOUTH CAROLINA,

a Bank; and

Connestee Falls PROPERTY OWNERS

ASSOCIATION, INC.,

a North Carolina Corporation,

Defendants

To: Gloria J. Lyons

c/o John J. Lyons

Last Known Address:

135 Ridingfield Rd.

Lexington, SC 29072-9769

NOTICE OF SERVICE OF

PROCESS BY

PUBLICATION

TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action in the County of Transylvania, and notice of service of process by publication begins on September 20, 2012.

The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property (Parcel ID # 8572-69-0508 known as Unit 25, Lot 7, Adayahi Ct.) described through legal description at Deed Book 204 at Page 718 of the Transylvania County Registry, which is more completely described in the Complaint. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property.

You are required to defend such pleading no later than forty (40) days after the date of the first Publication of Notice stated above, exclusive of such date, being forty days after September 20, 2012, which is October 30, 2012, and upon your failure to do so, the party seeking service of process by publication will apply to the court for the relief sought.

THIS the 10th day of September, 2012.

ROBERTS & STEVENS, P. A.

Marjorie R. Mann

Attorney for Plaintiff

P.O. Box 7647

Asheville, NC 28802

Telephone: (828)252-6600

Facsimile: (828)210-6554

N.C. Bar No.:13202

T09/20/3TC

IN THE

STATE OF

North Carolina

GENERAL COURT

OF JUSTICE

DISTRICT COURT

DIVISION

COUNTY OF

Transylvania

12 CVD 314

NOTICE OF SERVICE OF

PROCESS BY

PUBLICATION

COUNTY OF

TRANSYLVANIA,

A Body Politic

and

Corporate,

Plaintiff

vs.

ALBERTA FAY PRICE; FREDERICK SPENCER; LINDA FAY DYEHOUSE HELFRICH; HENRY EDWIN DYEHOUSE; CAROL IRENE DYEHOUSE MCREYNOLDS;

LETITIA TIZER; JACK SEAVER; RONALD ALLEN SEAVER; LARRY

CLEMENS; JAMES CLEMENS; BARBARA CLEMENS PRESKE; DONABEL CLEMENS WOOLSEY; GRACE SADDLER; JESS THURMAN; GARY RIGGS; GEORGE THURMAN; Daniel AUSTIN RIGGS; and MARGIE E. SHERMAN Defendants

To: Alberta Fay Price,

Individually

And as Personal Representative of

Estate of Fern Marie Jungklaus

Last Known Address:

108 South Oak Street

Lynnville, IN 47619

Carol Irene Dyehouse McReynolds

Last Known Address:

1317 Florence Street

Evansville, IN 47710

Letitia Tizer

Last Known Address:

3906 N. St. Joseph Avenue

Evansville, IN 47711

Donald Clemens Woolsey

Last Known Address: Ward E-2

3400 Lincoln Avenue

Evansville, IN 47714

Daniel Austin Riggs

Last Known Address:

4813 Sherbrooke Road

Evansville,IN 47710

TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action in the County of Transylvania, and notice of service of process by publication begins on September 20, 2012.

The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property (Parcel ID # 8552-48-3907 known as SR 1135 Turnpike Road) described through legal description at Deed Book 190 at Page 401 of the Transylvania County Registry, which is more completely described in the Complaint. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property.

You are required to defend such pleading no later than forty (40) days after the date of the first Publication of Notice stated above, exclusive of such date, being forty days after September 20, 2012, which is October 30, 2012, and upon your failure to do so, the party seeking service of process by publication will apply to the court for the relief sought.

THIS the 7th day of September, 2012.

ROBERTS & STEVENS, P. A.

Marjorie R. Mann

Attorney for Plaintiff

P.O. Box 7647

Asheville, NC 28802

Telephone: (828)252-6600

Facsimile: (828)210-6554

N.C. Bar No.:13202

T09/20/3TC

NOTICE OF

PUBLIC SALE

PURSUANT TO

North Carolina

G.S. 44A-43

1.Name and Address of Lienor:

Cherryfield Self Storage

P.O. Box 864

Rosman N.C.28772

2.Property Being Sold: Various items of personal property located at Cherryfield Self Storage are being sold pursuant to the assertion of a lien for rental at the Self Storage facility. Sale consist of units: B15 ( Werner), B26 (Oyler), C18 (Ashworth), C34 (Wagner), D34 (Richardson), E13 (King), F03 (Hooper), F10 (Gardin), G05 (Benjamin) and H40 (Humphrey).

3. Place of Sale:

Cherryfield Self Storage

377 Old Rosman Highway

Brevard N.C. 28712

4. Date of Sale: September 29, 2012

5. Time of Sale: 10:00am

6. Rain Date: October 6, 2012

TM09/20/2TC

NOTICE OF

FORECLOSURE SALE

12 SP 60

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Alexander Rose to Brian P. Philips, Trustee(s), dated the 5th day of July, 2006, and recorded in Book 357, Page 700, 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 26, 2012 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 on a found iron pin set at the common corner of the property belonging to William Tyler and Julia Tyler as described in Deed Book 359, Page 420 of the Transylvania County Registry and that property belonging to James E. Stewart, Jr. found at Deed Book 264, Page 485 of the Transylvania County Registry, said iron pin lying South 01 deg. 13 min. 09 sec. East 717.45 feet from a found iron pin in the line of the Tyler and Stewart properties; thence running from said beginning point generally with Cannon Creek the following nine (9) calls: North 88 deg. 01 min. 30 sec. East 141.19 feet to a calculated point; thence South 71 deg. 35 min. 38 sec. East 136.68 feet to a calculated point; thence North 89 deg. 19 min. 18 sec. East 113.10 to a calculated point; thence North 80 deg. 12 min. 35 sec. East 30.93 feet to a calculated point; thence South 53 deg. 56 min. 09 sec. East 49.87 feet to a calculated point; thence North 66 deg. 42 min. 58 sec. East 36.70 feet to a calculated point; thence South 29 deg. 07 min. 33 sec. East 75.73 feet to a calculated point; thence South 23 deg. 22 min. 53 sec. West 26.27 feet to a calculated point; thence South 22 deg. 51 min. 11 sec. East 145.97 feet to a calculated point; thence leaving Cannon Creek and running South 61 deg. 14 min. 40 sec. West 633.74 feet to a calculated point at or near the center line of the right-of-way of Rich Mountain Road at or near the northern margin of a gravel road thence with the center line of the Rich Mountain Road right-of-way, known as S.R. 1537, and generally with a gravel road the following four (4) calls: North 12 deg. 53 min. 10 sec. West 245.91 feet to a calculated point; thence North 24 deg. 04 min. 10 sec. West 145.24 feet to a calculated point; thence North 46 deg.19 min. 10 sec. West 49.88 feet to a calculated point, thence North 55 deg. 42 min. 10 sec. West 100.52 feet to a calculated point; thence leaving the center of Rich Mountain Road, known as S.R. 1537, and running North 62 deg. 34 min. 00 sec. East 244.79 feet to the point and place of beginning. Together with improvements located thereon; said property being located at 6785 Rich Mountain Road, Cedar Mountain, North Carolina.

Containing 5.38 acres, more or less, as surveyed and platted by Robert Heffler, RLS, dated July 7-17, 1995.

Subject to the right-of-way of Rich Mountain Road, S.R. 1537, and/or a 50-foot right-of-way and subject to the rights of all others to use the same and subject to a right-of-way for a soil road traversing the property herein conveyed and leading to the property belonging to Ricky Steve Corn and wife, Connie Corn, and the rights of others having a legal right to use the said soil road.

Subject to and together with all easements and restrictions appurtenant to the subject premises.

Subject to and together with Restrictive Covenants for Deer Chase as recorded in Book 264, Page 249 and Book 312, Page 519 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 cash deposit or cashier’s check (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.

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.

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.

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.

IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.

This 27th day of July, 2012.

SUBSTITUTE TRUSTEE

SERVICES, INC.

SUBSTITUTE TRUSTEE

BY: Attorney at Law

Hutchens, Senter, Kellam

& Pettit, P.A.

Attorneys for Substitute

Trustee Services, Inc.

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

https://sales.hsbfirm.com

Case No: 1082467

(FC.FAY)

T09/13/2TC

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

N THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

12-SP-88

In the Matter of the Foreclosure of the Deed

of Trust, Assignment of Rents and Security Agreement executed by Cornerstone Equity Group, LLC, as assumed by Ivy Ridge Partners, LLC,

Grantor,

to TRSTE, Inc.,

Original Trustee,

As recorded in Book 205, Page 104 of

the Transylvania County Public Registry.

See Substitution of Trustee which Substitutes

Marjorie R. Mann as Substitute Trustee in

the place and stead of Original Trustee, as

recorded in Book 617, Page 716 of the Transylvania County Public Registry.

NOTICE OF

SUBSTITUTE

TRUSTEE’S

FORECLOSURE

SALE OF REAL

PROPERTY

Pursuant to the power and authority contained in the Deed of Trust, Assignment of Rents and Security Agreement from Cornerstone Equity Group, LLC, as assumed by Ivy Ridge Partners, LLC to TRSTE, Inc. (the “Original Trustee”) for the benefit of Wachovia Bank, National Association recorded in Book 205, Page 104 of the Transylvania County Public Registry, as modified in Book 285, Page 345 and as further modified in Book 615, Page 575 (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described in Exhibit A attached hereto, together with all rights, privileges and appurtenances thereto (the “Property”).

The record owner of the Property as reflected by the records of the Register of Deeds of Transylvania County not more than ten (10) days prior to the posting of this Notice was Ivy Ridge Partners, LLC.

The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.

The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.

Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.

The sale will be held open for ten (10) days for upset bids as by law required.

DATE OF SALE: September 28, 2012

HOUR OF SALE: 11:30 a.m.

PLACE OF SALE: Transylvania County Courthouse

This the 28th day of August, 2012.

Marjorie R. Mann,

Substitute Trustee

Roberts & Stevens, P.A.

BB&T Building, Suite 1100

One West Pack Square

Asheville, North Carolina 28801

Telephone: (828) 252-6600

EXHIBIT A

Being all of Lots 24 and 25 of Block I of the subdivision of a portion of the property of Lake Toxaway Co. as shown on a plat thereof recorded in Plat File 10, Slides 175-176, Records of Plats for Transylvania County.

There is also conveyed a right of way to the public road over and along the 45-foot wide road right of way shown on the recorded plat hereinabove referred to which extends from the lots hereinabove described to West Club Boulevard and thence over and along said boulevard to the public road.

This conveyance is made subject to all easements and other matters shown on the recorded plat hereinabove referred to, including, but not limited to, a 45-foot wide driveway easement, a 12-foot wide utility and water line easement, a 30-foot wide driveway easement, and a sewage easement for Lot 25 as shown on said plat and as described in an agreement recorded in the office of the Register of Deeds for Transylvania County in Document Book 190, page 822, and to those rights in and to the use of the existing gravel drive located in the 45-foot wide easement shown on the recorded plat hereinabove referred to which traverses the property which were conveyed to the owner of Lot 22 of Block I in a deed recorded in the office of the Register of Deeds for Transylvania County in Document Book 34, page 475.

There is also conveyed hereby a right of way from each of the lots hereinabove described to the public road extending over and along the 30-foot wide driveway easement shown on the recorded plat hereinabove referred to which extends from Lot 26 across Lot 25 and Lot 24 and the area designated on said plat as “60’ R/W Ivy Ridge Extended” to Ivy Ridge and thence over and along Ivy Ridge and West Club Boulevard to the public road, with that portion of said easement which extends across Lots 24 and 25 to be for driveway and utility purposes as is more particularly described in an agreement recorded in the office of the Register of Deeds for Transylvania County in Document Book 190, page 822. It is understood and agreed that each of the owners of the said three lots shall pay a pro rata share of the costs of repairing and maintaining that portion of said driveway and utility easement which such owner uses in common with the other owners entitled to the use thereof and all of the costs of repairing and maintaining that portion which may be used solely by such lot owner.

There is also conveyed hereby sewage easements for Lots 25 and 26 which are located in the respective sewage easement areas designated for each of said lots as is more particularly shown on the recorded plat hereinabove referred to and is more particularly described in the agreement recorded in Document Book 190, page 822, hereinabove referred to.

The above lots are conveyed subject to the same Declaration of Restrictive and Protective Covenants which is applicable to Lots 1-5 of Panther Ridge Road, said covenants being recorded in Book 352, page 394, Records of Deeds for Transylvania County, with the exception of Article II thereof as it specifically understood and agreed that this deed of trust does not convey any privileges in and to the use of Lake Toxaway and that the owner of said lots shall not have any lake privileges under the terms and conditions of said declaration. It is also understood and agreed that this deed of trust does not convey any membership in Lake Toxaway Country Club and that the owners of said lots shall not be entitled to membership in said club under the terms and conditions of the Declaration of Restrictive and Protective Covenants hereinabove referred to.

There is also hereby conveyed to each of the lots hereinabove described the right to use water from the existing well located on Lot 16 of Block I for the purpose of obtaining water for one single-family dwelling to be located on each of the said lots, together with (1) an easement five feet in width on either side of said well, the water line, proposed pump house and water tank as shown on a plat recorded in Plat File 7, Slide 234, Records of Plats for Transylvania County, for the purpose of ingress, egress, and regress for maintenance, upkeep and repairing or replacing the well, pump, water lines and well building as specified in a deed recorded in Book 422, page 313, Records of Deeds for Transylvania County, and (2) a right of way to said facilities over and along the water line right of way described in a deed recorded in Book 432, page 181, Records of Deeds for Transylvania County.

T09/13/2TC

Notice to Creditors

12E199

Having qualified on the 23rd day of August, 2012, as Ancillary Executor of the Estate of PAULETTE FRANCES KAISER, deceased, late of Greenville County, South Carolina, this is

 
 

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