The Transylvania Times -

Legal Notices for 6-13-13

 


STATE OF North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13-E-123

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Janie Vee Honeycutt, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Janie Vee Honeycutt to present them to the undersigned on or before September 13, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: June 13, 2013

Stanley Guy Honeycutt

1983 King Road

Pisgah Forest, NC 28768

T06/13/4TP - 51547

STATE OF North Carolina

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

BEFORE THE CLERK FILE NO. 13-E-157

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Andrew Garfield Rogers of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Andrew Garfield Rogers to present them to the undersigned on or before August 23, 2013, or the claim will be forever barred thereafter. All persons indebted to said estate, please make

immediate payment.

This the 23rd day of May, 2013.

R. Andrew Rogers, Personal Representative

c/o Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

ATTORNEY:

Michael K. Pratt

Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

828-884-4113

T05/23/4TC

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 13-E-123

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Joan Elizabeth Sandow, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate Joan Elizabeth Sandow to present them to the undersigned on or before August 23, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: May 23, 2013

William Sandow

780 Sutton Creek Road

Pisgah Forest, NC 28768

Attorney:

Brian Philips

PO Box 432

Brevard, NC 28768

T05/23/4TC

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 13-E-123

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Linda D. Southerland, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Linda D. Southerland to present them to the undersigned on or before September 6, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: June 6, 2013

Amy Brandon

555 Oak Tree Road

Mooresville, NC 28117

T06/06/4TP - 51443

STATE OF North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 13 E 170

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of Carol S. Watkin of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Carol S. Watkin to present them to the undersigned on or before September 13, 2013 or the claim will be forever barred thereafter. All persons indebted to the said estate, please make immediate payment.

This the 13th day of June, 2013.

Thomas S. Watkin, Executor

P. O. Box 602

Bradford, VT 05033

Attorney: Margaret M. Hunt

P O Box 1175

Brevard, NC 28712

T06/13/4TC - 51518

STATE OF North Carolina,

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13-E-143

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Richard Pretz, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Richard Pretz to present them to the undersigned on or before September 13, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: June 13, 2013

Jeanie Sutherland Pretz

75 Skyview Road

Lake Toxaway, NC 28747

Attorney:

Joseph B. Nagel

Hoffman & Associates, Attorneys at Law, LLC

6100 Lake Forrest Drive, Suite 300

Atlanta, Georgia 30341

T06/13/4TP - 51565

NOTICE OF

FORECLOSURE SALE

Under and by virtue of the power of sale contained in a certain Deed of Trust made by John M. Starnes and Elizabeth Starnes (PRESENT RECORD OWNER(S): John M. Starnes and Elizabeth T Starnes) to John C. Warren, Trustee(s), dated the 12th day of December, 2005, and recorded in Book 323, Page 254, 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 June 19, 2013 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 Lot 100 A of Unit 6, of Connestee Falls Development as shown by a plat thereof recorded in Plat File 6, Slide 88, Record of Plats for Transylvania County, North Carolina. Together with improvements located thereon; said property being located at 91 Elseetos Drive, Brevard, North Carolina.

Subject to the Declaration of Restrictive Covenants as recorded in Deed Book 189, Page 443, Transylvania County Registry, as amended by Amendment to the Declaration of Restrictive Covenants recorded in Deed Book 190, Page 137, Transylvania County Registry, and all other valid amendments thereto, including the revised, amended and restarted Declaration recorded in Deed Book 289, Page 107, Transylvania County Registry, as amended by Amendment to the Declaration of Restrictive Covenants recorded in Deed Book 230, Page 340, Transylvania County Registry and the Second Restatement of Declaration of Restrictive Covenants of Connestee Falls and recorded in Deed Book 413, Page 30, Records fro Transylvania County, and by Supplemental Declarations of Restrictive Covenants of record in Transylvania County Registry.

Subject to rights-of-entry as set out in Deed Book 366, Page 424 and Deed Book 375, Page 260, Transylvania County Registry.

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 all rights-of-way for public utilities which may presently appear of record.

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.

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: 1109861 (FC.FAY)

T06/06/2TC - 51416

 
 

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