The Transylvania Times -

Legal Notices For December 4, 2014

 


14 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 Anthony Shawn Austin and Margaret K. Austin to Donald W. Courtney, Trustee(s), which was dated February 15, 2011 and recorded on February 22, 2011 in Book DOC 567 at Page 573, 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 December 11, 2014 at 12:30PM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

 

BEING all of Parcel 1, a 12.72 acre parcel of property as surveyed by Clarence A. Jenkins, PLS, and shows on a plat dated December 13, 2001 and revised March 21, 2005 and April 19, 2005 and recorded in Plat File 11, Slide 237, Transylvania County Registry. Subject to the rights of others using the 45 foot driveway leading from Cherrywood Lane to and through the adjacent 5.00 acre parcel with each paying a pro-rata share of the road maintenance. Subject to the following: 1.  The right-of-way of Sweetwater Lane a road with a sixty foot right-of-way, thirty feet of which lies on each side of the center line thereof. 2.  The privileges and mutual and beneficial restrictions, covenants, equitable servitudes and charges set forth in that certain declaration of restrictive covenants for Sweetwater Farms dated July 15, 1974, and recorded in Book 209, Page 470, Records of Deeds for Transylvania County Registry and as amended in Book 322, Page 395, Transylvania County Registry. This conveyance is made 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 wall utility lines which may presently traverse the property and to all rights-of-way for public utilities which may presently appear of record.

 

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

 

Said property is commonly known as  2240 Cherrywood Lane, Pisgah Forest, NC 28768.

 

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 Anthony Shawn Austin and  Margaret A. Austin.

 

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 .: 14-17288-FC01

T11/27/2TC - 57308

STATE OF North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 14-E-297

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Betsy Sawyer Johnson Edwards of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Betsy Sawyer Johnson Edwards to present them to the undersigned on or before February 13, 2015 or the claim will be forever barred thereafter.

All persons indebted to the said estate, please make immediate payment.

This 13th Day of November, 2014

Andrew Clauss Johnson, Exec.

6540 Kingman Trail

Tallahassee, FL 32309

Attorney:

David C. Neumann, Atty.

The Neumann Law Firm, PLLC

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

T11/13/4TC – 57226

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 14E302

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

 

Having qualified as Executor of the Estate of Kathleen Marie Smith of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Kathleen Marie Smith to present them to the undersigned on or before February 20, 2015 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 20, 2014.

 

Robert T. Smith

4 Plane Tree Lane

St. James, NY 11780

 

Attorney: Brian P. Philips, PO Box 432, Brevard, NC 28712

T11/20/4TP - 57292

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 14E305

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of James B. Fisher a/k/a James Berlin Fisher of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of James B. Fisher a/k/a James Berlin Fisher to present them to the undersigned on or before February 27, 2015 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 27, 2014

Ricky Shannon Merrill

60 Pearlie Drive

Brevard, NC 28712

Aaron Paul Fisher

P. O. Box 345

Cedar Mountain, NC 28718

Attorney:

H. Paul Averette

PO Box 348

Brevard, NC 28712

T11/27/4TC - 57360

 
 

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