The Transylvania Times -

Legal Notices for 4-15-13

 


STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 13E96

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Azalee P. Dodson, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Azalee P. Dodson to present them to the undersigned on or before July 1, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 1, 2013

Stanley Dodson

PO Box 104

Rosman, NC 28772

M04/01/4TP

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 13E97

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Joan Ross, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Joan Ross to present them to the undersigned on or before July 8, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 8, 2013

Cherie Anne Ross

42 Autumn Glen Ct.

Brevard, NC 28712

M04/08/4TP

12 SP 178

NOTICE OF

FORECLOSURE

SALE

North Carolina, Transyl-vania County In the matter of the foreclosure of the Deed of Trust of Elizabeth T. Bakhaus, John T. Bakhaus, Frances T. Byers and Charles C. Byers Sr. to Gary V. Green, Trustee for Regions Bank See Substitution of Trustee as recorded in Book 636, Page 763, appointing Richard J. Kania as Substitute Trustee. Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to Regions Bank, dated June 13, 2005, securing indebtedness in the original principal amount of $240,000.00 as recorded in Deed of Trust Book 292 at Page 578, and as modified at book 356, page 516, Transylvania County Registry (hereinafter, the “Deed of Trust”) and because of the default of Debtor in the payment of the indebtedness thereby secured and the failure of Debtor to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina, entered in this foreclosure proceeding, the undersigned, Richard J. Kania, Substitute Trustee, will expose for sale at public auction on April 18, 2013 at 10:00 AM at the Transylvania County Courthouse at the usual place of sale designated by the Transylvania County Clerk, Brevard, the real property in Transylvania County, North Carolina (including any improvements thereon), with the address of US Hwy 64, Lake Toxaway, NC, and as described as follows: TRACT I: Being all of that certain tract of land containing 15.98 acres, more or less, as shown on a plat thereof recorded in Plat File 11, Slide 236, Records of Plats for Transylvania County, and also on the plat recorded in Plat File 11, Slide 805, Records of Plats for Transylvania County. TRACT II: Being all of Tract “A” containing 1.22 acres, more or less, as shown on a plat thereof recorded in Plat File 11, Slide 805, Records of Plats for Transylvania County. TRACT III: Being all of Lot 11 of the Mountain High Subdivision as shown on a plat thereof recorded in Plat File 1, Slide 150, Records of Plats for Transylvania County. Together with an undivided one-tenth (1/10) interest in the well located on Lot 18 of Mountain High Subdivision as described in a deed from John C. Whidden and wife, Judy A. Whidden, to Charles C. Byers, Sr., and John T. Bakhaus dated November 10, 2005, and recorded in the office of the Register of Deeds for Transylvania County in Document Book 318, page 605. together with the right to go upon said lot for the purpose of inspecting, maintaining and repairing the well and pump. The Substitute Trustee may, in his sole discretion, delay the sale for up to one hour as provided by N.C.G.S. §45-21.23. The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner of the above-described real property as reflected on the records of the County Register of Deeds not more than ten (10) days prior to the posting of this Notice is: Charles C. Byers Sr., John T. Bakhaus 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 County Clerk of Superior Court. Pursuant to N.C.G.S. § 45¬-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per cent (5%) percent of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the 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 purchase price so bid at the time, he shall remain liable on his bid as provided for in N.C.G.S. § 45-21.30 (d) and (e). Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1). This sale will be held open ten (10) days for upset bids as required by law. If the Substitute 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 by an owner or debtor prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in his sole discretion, if he believes 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. Any person who occupies the property pursuant to a bona fide lease or tenacy may have additional rights pursuant to Title VII of 5.896, “Protecting Tenants at Foreclosure Act” which became effective on May 20, 2009. Additional Notice Where the Real Property Is Residential with less than 15 Rental Units: Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007 may, after receiving this notice of the 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 termination. Richard J. Kania, Substitute Trustee 600-A Centrepark Drive, Asheville, North Carolina 28805 (828) 252-8010, 1030333 4/8, 04/15/2013

M04/08/2TC

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 13E89

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Gilbert Lemuel Atkisson, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Gilbert Lemuel Atkisson to present them to the undersigned on or before June 25, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 25, 2013

Patricia A. Robinson

545 Johnson Road

Kodak, TN 37764

M03/25/4TP

NOTICE OF

FORECLOSURE

SALE

FILE NO.

12-SP-170

Under and by virtue of the power of sale contained in that certain Deed of Trust executed by McEnrock Investments, LLC to MTNBK, LTD., Trustee, dated April 5, 2007 and recorded in Book 402, at Page 811 in the Transylvania County Registry, Brevard, North Carolina, 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 instrument duly recorded in the office of the Register of Deeds of the aforesaid county, 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, on April 29, 2013 at 10:30 a.m. and will sell to the highest bidder for cash the following real estate:

Generally described as certain real property, with any and all improvements thereon, located in Transylvania County, North Carolina, and being more particularly described as follows:

Beginning at a stake in the center of Island Ford Road, Paul J. Owen’s and Jack Owen’s corner, and runs thence with Jack Owen’s line, South 86 deg. 22 min. East 483.3 feet to a stake at Whitmire’s line; thence North 50 deg. East 80 feet to a stake, Cassell’s and Whitmire’s corner; thence North 53 deg. West 630 feet to a stake in the center of Island Ford Road; thence with the center of Island Ford Road, the following courses and distances; South 142 feet to a stake; South 4 deg. 30 min. West 175 feet to a stake; thence South 15 deg. West 73 feet to the Beginning, as surveyed and platted by J.J. Brown on March 5, 1966.

Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book 402, at Page 811 in the office of the Register of Deeds of Transylvania County.

This is the same property described in the Deed of Trust recorded in Book 402, at Page 811 in the office of the Register of Deeds of Transylvania County.

The current property owner is McEnrock Investments, LLC.

The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners’ association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics’ and materialmen’s liens, and any recorded releases.

The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS, AND WITH ALL FAULTS.” Neither the Substitute 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 representatives of either the Substitute Trustee or the Holder of the Note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.

To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price.

A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee’s Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee’s Deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he may remain liable on his bid as provided for in N.C. Gen. Stat. §§ 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.

An order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 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.

In accordance with N.C. Gen. Stat. § 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, 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.

This the 13th day of February, 2013.

Norman J. Leonard

Authorized Representative

For WASLAW, LLC, Substitute Trustee

Post Office Box 2020

Asheville, NC 28802-2020

Telephone: 828.348.6070

M04/15/2TC

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 13E88

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Andee C. Atkisson, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Andee C. Atkisson to present them to the undersigned on or before June 25, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 25, 2013

Patricia A. Robinson

545 Johnson Road

Kodak, TN 37764

M03/25/4TP

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 13E59

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Patsy Paula Sanders, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Patsy Paula Sanders to present them to the undersigned on or before June 25, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 25, 2013

Michael Bruno Sanders

123 Gawanv Court

Brevard, NC 28712

M03/25/4TP

 
 

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