The Transylvania Times -

Legal Notices for March. 13, 2014

 

Last updated 3/12/2014 at 12:52pm



STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 14-E-42

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Howard Owen of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Howard Owen to present them to the undersigned on or before May 27, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 27, 2014

Thelma Cantrell

PO Box 836

Rosman, NC 28772

T02/27/4TP - 54439

12 SP 59

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 Virginia L. Livingston to Ramsey & Pratt, PA., Trustee(s), which was dated March 30, 2007 and recorded on April 4, 2007 in Book DOC 402 at Page 86, 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 March 27, 2014 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 all of Lot 50 of Block J of the subdivision of a portion of the property of Lake Toxaway Co. as shown on a plat thereof recorded in Plat Book 4, page 37, Records of Plats for Transylvania County.

This conveyance is made subject to all matters shown on the recorded plat hereinabove referred to and to restrictive and protective covenants and easements recorded in Book 248, page 437, Records of Deeds for Transylvania County.

Being all of the same land described in a deed from Doris K. Lyons and husband, Edwin J. Lyons, to Virginia L. Livingston, dated March 1, 2000, and recorded in the Office of the Register of Deeds for Transylvania County in Document Book 7, page 144.

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

Said property is commonly known as 424 Cherokee Trace, 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 Virginia L. Livingston.

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 .: 12-00004-FC01

T03/13/2TC - 54498

13 SP 138

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 George L. Haffner and Marjorie N. Haffner to Trste, Inc., Trustee(s), which was dated September 25, 2006 and recorded on October 18, 2006 in Book DOC 375 at Page 65, 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 March 27, 2014 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

The following real property situate in County of Transylvania and State of North Carolina, described as follows:

Being all Condominium Unit 705, Building 7 (Phase IV) of Toxaway Views Condominiums as described in the Declaration of Unit Ownership recorded in Condominium Book 4, Page 42, and in a Supplemental Declaration filed in Condominium Book 6, Page 384, together with an undivided 1/43 interest in the Common Area as defined by and subject to the provisions of the said Declaration of Unit Ownership.

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

Said property is commonly known as 705 Toxaway View, 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 George L. Haffner and Marjorie N. Haffner Revocable 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 .: 13-17522-FC01

T03/13/2TC - 54497

13 SP 139

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 Michael Garber, Sr. a/k/a William M. Garber to Michael Lyon, Trustee(s), which was dated May 18, 2009 and recorded on June 11, 2009 in Book DOC 501 at Page 628, 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 March 27, 2014 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

Land situated in the County of Transylvania in the State of NC

That parcel of land in Transylvania County, North Carolina, more particularly described as follows:

Beginning at a stake in Piney Ridge Branch, at the North and of a culvert, M.C. Powell, Robert Powell and the Middlefork Baptist Church corner, and runs thence with the line of the Middlefork Baptist Church South 59 deg. 35 min. West 104.7 feet to a white oak, Powell and Middlefork Baptist Church corner; thence still with the line of Middlefork Baptist Church, North 52 deg. West 45 feet to a stake in the South margin of State Road No. 1140; thence with said road the following courses and distances, South 42 deg. 45 min. West 80.2 feet to a stake, formerly a crabapple, the beginning corner of a deed from R.M. Powell and wife, M.C. Powell dated January 10, 1927 and recorded in Deed Book 74, Page 182, Deed Records for Transylvania County; South 69 Deg. 04 min. West 114.95 feet to a stake; South 76 deg. 46 min. West 103.5 feet to a stake; North 80 deg. 43 min. West 107.5 feet to a stake; M.C. Powell and Oliver Powell’s corner; thence leaving the road and running South 5 deg. 46 min. East 164.3 feet to a stake at Piney Ridge Branch, corner of M.C. Powell and Oliver Powell; thence down and with Piney Ridge Branch, the following courses and distances; North 58 deg. 09 min. East 43.9 feet to a stake; South 80 degrees 21 min. East 74.7 feet to a stake; North 79 deg. 54 min. East 104.2 feet to a stake; North 63 deg. 46 min. East 138.9 feet to a stake in said Branch; thence leaving the branch and running South 54 deg. 54 min. East 25.5 feet to a stake in Robert Powell and M.C. Powell’s driveway; thence North 20 deg. 01 min. East 116.05 feet to a stake; thence North 31 deg. 33 min. East 134.3 feet to the Beginning. Containing 2 acres, more or less.

Less and excepting the 0.153 acres more or less, described by deed to Middle Fork Baptist Church by deed recorded in Deed Book 360, Page 187, Transylvania County Registry. (for a remaining parcel of 1/85 acres more or less).

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

Said property is commonly known as 143 Aiken Road, Rosman, NC 28772.

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 Michael Garber, Sr aka William Michael Garber.

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 .: 13-10785-FC01

T03/13/2TC - 54470

American Towers LLC is proposing to construct a 199-foot (Overall Height) monopole telecommunications tower at 80 Tartan Way, Brevard, Transylvania County, North Carolina, Tax Parcel ID 8564-76-0164-000. The tower facility will include a 100-foot by 100-foot lease area and associated easements, along with a 30-foot buffer surrounding the lease area. American Towers LLC seeks comments from all interested persons on any potential significant impact the proposed action could have on the quality of the human environment pursuant to 47 C.F.R. Section 1.1307, including potential impacts to historic or cultural resources that are listed or eligible for listing in the National Register of Historic Places.

Interested persons may comment or raise concerns about the proposed action by submitting an e-mail to enviro.services@americantower.com. Paper comments can be sent to: American Towers LLC, Attn: Environmental Compliance, 10 Presidential Way, Woburn, MA 01801. Requests or comments should be limited to environmental and historic/cultural resource impact concerns, and must be received on or before April 7 2014. This invitation to comment is separate from any local planning/zoning process that may apply to this project.

T-M03/06/3TC - 54511

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 14-E-54

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Co-executor of the Estate of Rosa Lee Davis, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Rosa Lee Davis to present them to the undersigned on or before June 6, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 6, 2014

Lynette Davis

PO Box 703

Brevard, NC 28712

Kenneth Walker

PO Box 1164

Pisgah Forest, NC 28768

T03/06/4TP - 5452

IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

TRANSYLVANIA

COUNTY

13SP119

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY SCOTT D. HUFFMAN AND KATHRYN S. HUFFMAN DATED APRIL 3, 2006 AND RECORDED IN BOOK DOC 342 AT PAGE 662 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 11:30AM on March 20, 2014 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 at a stake in the southern margin of the sidewalk on the south side of West Probart Street, said iron pin being the northernmost corner of a tract of land conveyed to MacRoberts in a deed recorded in Deed Book 242 Page 23, Records of Deeds for Transylvania County; North Carolina, and the easternmost corner of a tract of land conveyed to Holcombe in a deed recorded in Deed Book 213, Page 730, Records of Deeds for Transylvania County, North Carolina and runs thence along the property line of Holcombe, South 28 deg 00’ West 132.00 feet to a stake located in the property line of a tract of land conveyed to Taylor in a deed recorded in Deed Book 260, Page 197, Records of Deeds for Transylvania County, North Carolina; thence leaving the property line of Holcombe and along the property line of Taylor, South 62 deg 00’ East 90.00 feet to a stake located in the property line of a tract of land conveyed to Ives in a deed recorded in Deed Book 272, Page 167, Records of Deeds for Transylvania County, North Carolina; thence leaving the property line of Taylor and along the property line of Ives North 28 deg 00’ East 132.00 feet to a stake located in the southern margin of the sidewalk on the south side of West Probart Street; thence leaving the property line of Ives and along said margin of said sidewalk North 62 deg 00 West 90.00 feet to the beginning. As surveyed and platted by P.R. Raxter, RLS, on May 3, 1985, and as shown on an unrecorded plat designated as Drawing No. M 648 (8-44)

And Being more commonly known as: 207 West Probart St, Brevard, NC 28712

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Scott D. Huffman and Kathryn S. Huffman.

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 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is February 17, 2014.

Grady I. Ingle or Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

13-051563

T03/06/2TC - 54434

IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

TRANSYLVANIA

COUNTY

13SP143

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY LENA M. STAAKE DATED SEPTEMBER 25, 2008 AND RECORDED IN BOOK 473 AT PAGE 721 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 10:00AM on March 27, 2014 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 at a point in the center of Clay Branch and in the southern line of property now or formerly owned by William P. McKeley (Deed Book 212 at Page 535 of the Transylvania County Registry) and in the northern line of the Grantor and running down and with the center of Clay Branch, South 62 deg. 11 mm. 59 sec. West 38.92 feet to an existing nail in the center of the branch; thence, continuing along and with the center of the branch, South 89 deg. 36 min. 16 sec. East 35.49 feet to a corrugated metal pipe; thence, South 89 deg. 24 min 40 sec. East 26.76 feet to the west end of a 42-inch corrugated metal pipe; thence, North 71 deg 32 min 15 sec East 14.43 feet to the east end of a 42 inch corrugated metal pipe; thence, South 58 deg. 27 min 19 sec West 18.41 feet to a point in the center of Rich Mountain Road (S.R. 1537); thence, leaving Clay Branch and running along and with the center of Rich Mountain Road, eighteen (18) calls as follows: North 58 deg. 32 min. 01 sec. West 18.70 feet; North 81 deg 45 min. 18 sec West 23.04 feet; south 74 deg 32 min. 09 sec, West 27.13 feet; South 62 deg. 53min. 22 sec, West 35.89 feet; South 59 deg. 02 min. 59 sec. West 129.99 feet; South 55 deg. 46 min. 48 sec West 30.16 feet; South 47 deg. 23 min. 57 sec. West 23.63 feet; South 38 deg. 01 min. 38 sec. West 27.99 feet; South 23 deg. 47 min. 18 sec. West 67.01 feet; south 35 deg 59 min 22 sec, West 27.87 feet, South 50 deg. 56 min. 26 sec West 27.00 feet, South 57 deg. 25 min 55 sec, West 40.38 feet; South 64 deg. 36 min., 38 sec, West 75.16 feet; South 57 deg. 08 min. 52 sec. West 60.26 feet; South 48 deg 24 min. 48 sec West 83.44 feet; South 53 deg. 07 min. 21 sec West 48.79 feet; South 57 deg. 49 min. 44 sec West 51.42 feet; and South 67 deg. 16 min. 47 sec. West 56.69 feet to a nail set in the centerline of the intersection of Rich Mountain Road and Becky Mountain Road (S.R. 1538); thence along and with the centerline of Becky Mountain Road, four (4) calls as follows: North32 deg. 05 min. 29 sec. West 46.53 feet: North 33 deg. 30 min. 58 sec. West 37.65 feet; North 35 deg. 40 min. 03 sec. West 31.70 feet and North 37 deg. 48 min.. 40 sec. West 51.79 feet to a nail set in the centerline of the intersection of Becky Mountain Road and U.S. Highway 276; thence, along and with the centerline of U.S. Highway 276, North 15 deg.53 min. 21 sec. East 431.00 feet to a nail in the center of the pavement; thence, leaving U.S. Highway 276 and running along and with the northern boundary of the Grantor and the southern line of property now or formerly owned by E.C. Wilson (Deed Book 79 at Page 181), South 84 deg. 45 min. 56 sec. East 263.70 feet to an existing iron pipe; thence, North 78 deg. 00 min. 00 sec. East 257.37 feet to an existing iron pipe and North 42 deg. 48 min. 34 sec. East 58.92 feet to a 16 inch black gum tree in the southern line of McKeley; thence, along and with the southern line of McKeley, two(2) calls as follows: South 60 deg. 14 min. 19 sec. East 3.00 feet to an iron rod set and and South 60 deg. 14 min. 19 sec. East 268.63 feet to the point of BEGINNING. Containing 5.56 acres, more or less, pursuant to an unrecorded plat of survey by Robert Raxter, RLS, dated August 20, 1997 (Drawing No: A-2482).

TOGETHER WITH and subject to all rights of way, easements and restrictions appurtenant to the Grantors.

And Being more commonly known as: 93 Rich Mountain Rd, Brevard, NC 28712

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Lena Marie Staake.

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 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is March 6, 2014.

Grady I. Ingle or Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

13-054816

T03/13/2TC - 54573

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, NC 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 consists of units : A18 (Olive), A31 (Whitman), A42 (Smith), A47 (Hochstetler), A54 (Raines), A53 (Bryson), B04 (Crosby), B25 (Lusk), B29 (Richardson), B33 (Suddeth) & F18 (Rabb).

3. Place of Sale:

Cherryfield Self Storage

377 Old Rosman Hwy,

Brevard NC 28712

4. Date of Sale:

March 22, 2014

5. Time of Sale: 10:00am

6. Rain Date: March 29,

2014

T-M03/13/-2TC - 54571

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 14-E-44

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Co-executor of the Estate of Modelle West, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Modelle West to present them to the undersigned on or before May 28, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 27, 2014

Jack West

131 Red Bird Lane

Penrose, NC 28766

Bobby Warren

4631 Mijas Drive NW

Albuquerque, NM 87120

Attorney: Brian P. Phillips

PO Box 432, Brevard, NC 28712

T02/27/4TC - 54460

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 13 E 129

Having qualified as Administrator CTA of the Estate of Jerry Hobart Bishop, Jr. of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Jerry Hobart Bishop, Jr. to present them to the undersigned on or before June 12, 2014 or the claim will be forever barred thereafter. All persons indebted to the said estate, please make immediate payment.

This the 13th day of March, 2014.

Jerry Charles Bishop,

Administrator CTA

12528 Saddle Club Dr.

Forney, TX 75126

Attorney:

Margaret M. Hunt

P O Box 1175

Brevard, NC 28712

T03/13/4TC - 54575

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 14-E-56

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of David Daniel Jones of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of David Daniel Jones to present them to the undersigned on or before June 13, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 13, 2014

David Daniel Jones II

126 Bellvue Street

Forest City, NC 28043

T03/13/4TC - 54585

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 14-E-60

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Robert Lane Plemmons of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Robert Lane Plemmons to present them to the undersigned on or before June 13, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 13, 2014

Robert Bradford Plemmons

431 Owens Chapel Road

Union Mills, NC 28167

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STATE OF

North CAROLINA

TRANSYLVANIA

COUNTY SUPERIOR COURT

File No. 11-E-339

NOTICE TO

CREDITORS

We have qualified as Co-Executors of the Estate of Lois Sentelle Brown, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to us on or before May 20, 2014, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Co-Executors.

Dated: February 20, 2014

Jerry R. Brown,

Co-Executor

Don J. Brown,

Co-Executor

1045 Wilson Road

Pisgah Forest, NC 28768

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the

Co-Executors

T02/20/4TC - 54407

 
 

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