The Transylvania Times -

Legal Notices: Nov. 8, 2018

 

November 8, 2018



16 SP 47

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 VECTURA, L.L.C. to MTNBK, LTD, Trustee, for the benefit of Carolina First Bank, which was dated November 5, 2008 and recorded on November 5, 2008 in Book 477 at Page 597, Transylvania County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, 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 November 19, 2018 at 11:30 AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit: BEGINNING at a stake in the northeast margin of West Main Street at a corner of a lot known at the T.H. Galloway lot, and being a part of said lot and runs North 28 deg. East at a right angle to Main Street 125 feet to a stake; thence South 62 deg. East parallel to Main Street 43 ¾ feet to a stake; thence South 28 deg. West at a right angle to Main Street 125 feet to a stake in the margin of said Main Street; thence with margin of same, North 62 deg. West 43 ¾ feet to the BEGINNING. Containing 1/8 of an acre, more or less. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 226 West Main Street Brevard, NC 28712. 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. Third party purchasers must pay the excise tax and THE RECORDING COSTS FOR THEIR DEED. 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 Vectura, LLC. An Order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 45-21.29, in favor of the purchaser and against the party or parties 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 by providing written notice of termination 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 the tenant provides the notice of termination. 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 [N.C. Gen. Stat. § 45-21.16(b)(2)]. 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.

Bell Carrington & Price, PLLC,

Substitute Trustee Aaron Seagroves, NCSB

No. 50979

PHONE: 803.509.5078

FAX: 803.753.9841

T/11/8/2TP-70018

____________________________________________________________________________

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF North Carolina Transylvania COUNTY

In the Superior Court

ACTION FOR DECLARATORY JUDGMENT

RICKY SHANNON MERRILL AND AARON PAUL FISHER, Co-Personal Representatives for the Estate of James B. Fisher, Plaintiffs,

v.

GARY FISHER, CAROLYN JOY MERRILL, JENNIFER MICHELLE HAMMONS,

AND ALL UNKNOWN AND UNASCERTAINED TRUSTEES AND BENEFICIARIES OF THE

JAMES BERLIN FISHER REVOCABLE LIVING TRUST, dated January 13, 1995, Defendants.

TO: ALL UNKNOWN AND UNASCERTAINED TRUSTEES AND BENEFICIARIES OF THE JAMES BERLIN FISHER REVOCABLE LIVING TRUST, dated January 13, 1995

Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: a court order to declare the James Berlin Fisher Revocable Trust, dated January 13, 1995 terminated and the real property owned by said trust to be distributed to the Estate of James B. Fisher.

You are required to make defense to such pleading not later than December 8, 2018 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This, the 12th day of October, 2018.

Erica M. Erickson,

Attorney for Plaintiffs

191 W. Main Street, Suite A

Brevard, NC 28712

T/10/25/3TP-70046

____________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18E351

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Rickey Ray Galloway of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Rickey Ray Galloway to present them to the undersigned on or before January 25, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: October 25, 2018.

Nora Galloway Dean

703 Windwood Drive

Gastonia, NC 28056

T/10/25/4TP-70044

____________________________________________________________________________

CREDITOR’S NOTICE

Having qualified as Executor of the Estate of Charles C. Sentelle, deceased, late of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 25th day of January, 2019, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

Terrell Keith Rogers,

Executor of the Estate of

Charles C. Sentelle, Deceased

Caroline T. Knox, CELA

Van Winkle, Buck, Wall, Starnes & Davis, P.A.

422 South Main Street

Hendersonville, NC 28792

T/10/25/4TP-70020

____________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 17E289

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of James E. Holpp of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of James E. Holpp to present them to the undersigned on or before February 8, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 8, 2018.

James L. Holpp

45 Iya Court

Brevard, NC 28712

T/11/8/4TP-70197

____________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18E365

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of John Edgar Johnson III of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of John Edgar Johnson III to present them to the undersigned on or before February 8, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 8, 2018.

Katherine Singleton Johnson

212 Club Colony Lane

Lake Toxaway, NC 28747

T/11/8/4TP-70191

____________________________________________________________________________

NOTICE TO CREDITORS

Having qualified as Ancillary Executrix of the Estate of George A. Owens Jr., deceased, late of Lexington County, South Carolina, this is to notify all persons, firms and corporations having claims against the estate of said decedent to present them to the undersigned at 905 Resting Place Point, Chapin, SC 29036 on or before the 5th day of February 2019 or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will please make immediate payment to the undersigned.

This the 30th day of October 2018.

LYNDA M. OWENS, ANCILLARY EXECUTRIX OF THE ESTATE OF GEORGE A. OWENS JR.

Patrick, Harper & Dixon L.L.P.

PO Box 218

Hickory, NC 28603

T/11/1/4TC-70114

____________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18E336

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Irene Wilson Highsmith of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Irene Wilson Highsmith to present them to the undersigned on or before Febuary 1, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 1, 2018.

Margie W. Hoell

22 Sourwood Lane

Fletcher, NC 28732

T/11/1/4TP-70113

____________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18E367

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Martha McCoy Perkins of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Martha McCoy Perkins to present them to the undersigned on or before February 8, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 8, 2018.

Morgan Webb Perkins

1910 1-A Haywood Rd.

Hendersonville, NC 28791

T/11/8/4TP-70192

____________________________________________________________________________

CREDITOR’S NOTICE

Having qualified as Co-Executors of the Estate of James Brown Wright, deceased, late of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 1st day of February, 2019, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

Sarah Wright and Patty Wright Steinhauser,

Co-Executors of the Estate of James Brown Wright, Deceased

Caroline T. Knox, CELA

Van Winkle, Buck, Wall, Starnes & Davis, P.A.

422 South Main Street

Hendersonville, NC 28792

T/11/1/4TP-70082

 
 

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