The Transylvania Times -

Legal Notices for June 19, 2014

 


13 SP 147

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 Dan Mraz and Sandra Mraz to Trustee Services of Carolina, Trustee(s), which was dated November 20, 2003 and recorded on December 3, 2003 in Book 207 at Page 114 and rerecorded/modified/corrected on August 17, 2012 in Book 622, Page 679, 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 July 3, 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 403, Phase I of Walnut Hills Development as shown on a plat thereof recorded in Plat File 3, Slide 83, Records of plats for Transylvania County in the office of the Register of Deeds for Transylvania County, North Carolina. This conveyance is made subject to the following: 1. County real estate taxes for the current year and all subsequent years. 2. All conditions, restrictions, limotations, reservations and easements of record including all matters shown on the plat hereinabove referred to, the Declaration of Restrictive Covenants for Walnut Hills Development recorded in Book 294, page 205, Records of Deeds for Transylvania County, North Carolina, and the supplemental declaration of restrictive covenants for Walnut Hills Development recorded in Book 294, page 216, Records of Deeds for Transylvania County, North Carolina.

 

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

Said property is commonly known as 111 West Dogwood Circle, 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 Daniel M. Mraz and wife, Sandra J. Mraz.

 

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 .: 13-24666-FC01

T06/19/2TC - 55703

13 SP 21

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 Robert L. Hutchison, Jr. and Cheryl C. Hutchison to John MC Lemore, Trustee(s), which was dated March 31, 1998 and recorded on April 2, 1998 in Book 277 at Page 1, 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 July 3, 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:

Tract I

Beginning on a stake in a double on the West margin of Pickelsimer Street, Marie Whiteside’s Corner, and runs thence South 34 deg. West 100 feet to a stake, Lloyd’s Corner; thence with the Lloyd line North 60 deg. West 175 feet to a stake, blocker’s corner; thence with the blocker line North 34 deg. East 100 feet to a stake, Whiteside’s corner; thence with the Whiteside’s line South 60 deg. East 175 feet to the beginning. Being as surveyed and platted by T.N. Davis, RLS, on May 19, 1948 and checked on February 28, 1957.

Being the same property as described in Deed Book 412 at Page 151, Transylvania County, NC Registry.

Tract II

Beginning on a stake on the West land of an old road, which stake in located in the East boundary line of a tract of land conveyed by J.E. Orr and others to George Parton and is located South 34 deg. West 133 feet from the Northeast corner of said tract of land, and runs South 34 deg. West 50 feet to a stake on the West bank of said old road; thence North 60 deg. West 175 feet to a stake and pointers; thence North 34 deg. East 50 feet to a stake and pointers; thence South 60 deg. East 175 feet to the point and place of beginning. Said tract adjoining the lands of George Parton and others, and being described in Deed Book 32 at Page 300, Transylvania County, North Carolina.

Less and except those lands described in Deed Book 62 at Page 322 further described as; beginning on a stake in the margin of said Oakdale Street, Roy Whiteside’s eastern corner, and runs with the margin of said street North 47 deg. West 50 feet to a stake; thence South 52 deg. West 100 feet to a stake; thence South 47 deg. East 50 feet to a stake in the Bagwell Line; thence with said line North 51 deg. East 100 feet to the beginning.

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

Said property is commonly known as 110 Mills Avenue, Unit A and 110 Mills Avenue, Unit B, and 0.20 acre lot adjacent to 110 Mills Avenue, Unit A and 110 Mills Avenue, Unit B, 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 Robert L. Hutchison, Jr. and Cheryl C. Hutchison.

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 .: 12-23939-FC01

TR06/19/2TC - 55410

14-SP-16

NOTICE OF

SUBSTITUTE TRUSTEE’S

FORECLOSURE SALE OF REAL PROPERTY

Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Trudy G Riddle and Bruce S Riddle, dated August 24, 2007 and recorded on August 29, 2007 in Book No. 424 at Page 663 in the Office of the Register of Deeds of Transylvania County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Transylvania County Courthouse, Brevard, North Carolina on June 30, 2014 at 11:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Rosman, County of Transylvania, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 81 S Gray Fox Rd, Rosman, NC 28772 Tax Parcel ID: 8552-36-9531-000 Present Record Owners: Trudy G Riddle and Bruce S Riddle The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. 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. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee (803)744-4444, 113081-05644 P1097626 6/19, 06/26/2014

T06/19/2TC - 55815

STATE OF

North CAROLINA

TRANSYLVANIA

COUNTY SUPERIOR COURT

File No. 14-E-134

NOTICE TO

CREDITORS

I have qualified as Executor of the Estate of Louise Elizabeth Kempe, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before September 12, 2014, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: June 12, 2014

Caroline E. Clarke, Executor

37 Anchorage Point

Hilton Head, SC 29928

Donald E. Jordan

4 West Main Street,

Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Executor

T06/12/4TC - 55702

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 14E133

EXECUTOR’S —- ADMINISTRATOR’S

 

NOTICE

 Having qualified as Co-Administrators CTA of the Estate of Helen Dodson Stansel of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Helen Dodson Stansel to present them to the undersigned on or before September 5, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: June 5, 2014.

 

Cheryl Stansel Rice

13 Huckleberry Hill

Rosman, NC 28772

 

Roger Lee Stansel

252 Skyland Drive Road

Pisgah Forest, NC 28768

T06/05/4TP - 55577

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 14-E-141

EXECUTOR’S

NOTICE

Having qualified as Executor of the Estate of Patricia L. Hamer of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Patricia L. Hamer to present them to the undersigned on or before September 12, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

This the 12th day of June, 2014

Margaret M. Hunt,

Executor

P.O. Box 1175

Brevard, NC 28712

T06/12/4TC - 55701

IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania

COUNTY

14SP29

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WILLIAM H. BANKS AND PATRICIA L. BANKS DATED JUNE 30, 2005 AND RECORDED IN BOOK 296 AT PAGE 200 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 July 3, 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 on a concrete monument Northwest corner of the 0.37 acre tract sold simultaneously to Joseph B. Whitmore, said beginning corner being located the following two calls from N.C. Geodetic Survey Monument “Lambo”, North 61 deg 10 min 45 sec East 2122.61 feet and North 14 deg 16 min 22 sec West 131.79 feet, and runs thence North 76 deg 18 min 07 sec East (passing a concrete monument at 120.00 feet) 134.04 feet to an iron rod in the Western edge of Rhododendron Drive; thence along said drive two (2) calls: North 10 deg 35 min 00 sec West 104.44 feet to an iron rod and North 07 deg 31 min 00 sec West 7.04 feet to an iron rod; common corner of the Grantors and E.M. Bacon; thence leaving said drive, South 81 deg 53 min 18 sec West 144.42 feet to a 1/2 inch iron pipe at the northeast corner of the Grantee’s chain link fence, thence with the Grantees line, near their chain link fence, South 06 deg 30 min 00 sec East 124.89 feet to an iron pipe at the southwest corner of said fence; thence North 80 deg 39 min 05 sec East 18.97 feet to the beginning. Containing 0.40 acres, more or less, Lot No. 1 as surveyed and platted by E. Roger Raxter, RLS, in May 1990, on an unrecorded plat, Drawing No. 90-51

And Being more commonly known as: 61 Rhododendron Dr, Brevard, NC 28712

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Patricia L. Banks.

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 June 12, 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/

14-059656

T06/19/2TC - 55816

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 14E146

EXECUTOR’S —- ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Nora Hensley Muller of Transylvania County, North Carolina, this is to notify all persons having claim against the estate of Nora Hensley Muller to present them to the undersigned on or before September 19, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: June 19, 2014

SunTrust Bank

Estate Administration

6836 Morrison Blvd,

Suite 206

Charlotte, NC 28211

Attorney:

Margaret M. Hunt,

PO Box 1175, Brevard, NC 28712

T06/19/4TP - 55802

 
 

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