The Transylvania Times -

Legal Notices for November 3, 2016

 

November 3, 2016



IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania COUNTY

11SP195

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MICHAEL DENNIS BAXLEY AND CHARLOTTE BAXLEY DATED JANUARY 26, 2007 AND RECORDED IN BOOK 392 AT PAGE 691 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 12:00PM on November 10, 2016 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:

Being all of that 10.524 acre tract of land more particularly described as Parcel “A” on that plat recorded in File 10 at Slide 600, Transylvania County Registry, reference to which is hereby made for a more particular description of said tract

And Being more commonly known as: 1940 Whitmire Rd, Brevard, NC 28712

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Michael Dennis Baxley and Charlotte Baxley.

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 Mort-gagor, 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 written notice to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is October 6, 2016.

Grady I. Ingle or Elizabeth B. Ells Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

10-004744

T/10/27/2TC-63546

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NOTICE OF SERVICE OF PROCESS BY

PUBLICATION

STATE OF North CAROLINA

COUNTY OF

HAYWOOD IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE NO: 15 CVD 535

LAURA SMITH

SHIPMAN, Plaintiff,

vs.

DENNIS DALE

SHIPMAN, Defendant,

TO: DENNIS DALE SHIPMAN

Take notice that pleading seeking relief against you has been filed in the above-entitled action.

The nature of the relief being sought is as follows:

Complaint for Divorce

You are required to make defense to such pleading not later than the 29th day of November, 2016, said date being forty (40) days from the first publication of this notice, or from the date complaint is required to be filed, whichever is later; and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought.

This the 10th day of May, 2016.

SMATHERS & SMATHERS

Attorneys at Law

Zeb L. Smathers

Attorney for Plaintiff

State Bar No. 40076

118 Main Street, Suite B

Canton, North Carolina 28716

T: 828/648-8240

F: 828/648-3869

T/10/20/3TP-63574

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-357

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Edna Elizabeth Lucas of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Edna Elizabeth Lucas to present them to the undersigned on or before January 20, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: October 20, 2016.

David J. Hull

225 Water St.

Jacksonville, NC 32202

Attorney: Brian P. Philips

T/10/20/4TC-63593

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STATE OF

North CAROLINA

Transylvania COUNTY

SUPERIOR COURT

File No. 16-E-366

NOTICE TO

CREDITORS

I have qualified as Executor of the Estate of Marian Minerd (the same as Anna “Marian” Minerd), Deceased, of York County, South Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before January 27, 2017, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: October 27, 2016

Laura Kathryn Minerd, Executor

145 Whitmire Street

Brevard, NC 28712

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8736

Attorney for the Executor

T/10/27/4TC-63681

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IN THE SUPERIOR COURT

HENRY COUNTY

STATE OF GEORGIA

Petition of THERESA AND MARSHALL

SUMMEY

For Adoption of: J.K.L.

ADOPTION

NO. 16-AD-0055-WC

TO: JONATHAN KYLE LYDA, FATHER, AND ANY OTHERS HAVING AN INTEREST.

Take notice, a PETTION FOR ADOPTION has been filed by, THERESA AND MARSHALL SUMMEY, alleging the whereabouts of the father of the child is unknown. The matter has been set for a hearing by the Superior Court of Henry County, Georgia, to be heard at 8:30 a.m. on the 13th day of January, 2017. A copy of the Petition may be obtained from the Clerk of the Superior Court of Henry County: One Courthouse Square, McDonough, Henry County, Georgia, 30253. By reason of an Order entered by the Court on the 19th day of October, 2016, you are hereby put on notice of said hearing and may respond by contacting the Clerk of the Superior Court of Henry County, Georgia, at the above address within thirty (30) days from the date of the last publication with the last publication date being November 17, 2016. You are ordered to appear before the Superior Court Henry County on the date and time mentioned above to show cause as to why the child should not be adopted according to the Superior Code of the State of Georgia. Witness the Honorable Wade Crumbley, Judge, this 19th day of October, 2016.

T/10/27/4TP-63680

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 16-E-372

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Nannette B. Dooley of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Nannette B. Dooley to present them to the undersigned on or before February 3, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 3rd day of November, 2016.

Nicole M. Bennett, Exec.

11 Avenida Carita

Fort Myers Beach, FL 33931

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Suite 102

Brevard, NC 28712

828-884-6575

#13630

T/11/3/4TC-63754

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 16-E-371

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Robert Garwood Wilkinson, Sr. of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Robert Garwood Wilkinson, Sr. to present them to the undersigned on or before February 3, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 3rd day of November, 2016.

Robert Garwood Wilkinson, Jr., Exec.

305 Mountain View Road

Otto, NC 28763

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

T/11/3/4TC-63742

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-363

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Samuel Phillip Yoder of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Samuel Phillip Yoder to present them to the undersigned on or before January 27, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: October 27, 2016.

Charles L. Yoder

658 Johnson Rd.

Brevard, NC 28712

T/10/27/4TC-63661

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-74

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of David Cornelius McCall of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of David Cornelius McCall to present them to the undersigned on or before January 20, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: October 20, 2016.

Dava D. McCall

39 Seaboard St

Great Fall, SC 29055

T/10/27/4TP-63666

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-364

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Mack Owen Marett of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Mack Owen Marett to present them to the undersigned on or before February 3, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 3, 2016.

Tammie Anne Moss Marett

1303 Hendersonville Hwy.

Pisgah Forest, NC 28768

T/11/3/4TC-63710

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-360

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Barbara Jean Fenton of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Barbara Jean Fenton to present them to the undersigned on or before January 20, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: October 20, 2016.

Laurie A. Yeagley

303 North Nickelplate St.

Louisville, OH 44641

T/10/20/4TP-63592

 
 

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