The Transylvania Times -

Legal Notices: June 20, 2019

 

June 20, 2019



NOTICE TO CREDITORS

The undersigned, having qualified as the Executor of the Estate of Mary F. Argus (AKA Mary Frances Argus), deceased, late of Transylvania County, North Carolina, does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned:

John T. Arcos, Executor

c/o Burt Langley, P.C.

P.O. Box 7007

Asheville, NC 28802

on or before September 20, 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 at the address listed above.

This the 20th day of June 2019.

John T. Arcos,

Executor of the Estate of Mary F. Argus

Transylvania County Estate File 19-E-171

April M. Burt

Attorney for the Personal Representative of

the Estate of Mary F. Argus

Burt Langley, PC

P.O. Box 7007

Asheville, NC 28802

T/6/20/4TC-71960

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18E71

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Anne Elizabeth Hacking of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Anne Elizabeth Hacking to present them to the undersigned on or before August 30, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: May 30, 2019.

Jay Roger Hacking

PO Box 323

Penrose, NC 28766

T/5/30/4TP-71805

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E177

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Mary Jane Brown Huggins of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Mary Jane Brown Huggins to present them to the undersigned on or before September 20, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: June 20, 2019.

Robert Louis Huggins

PO Box 1602

Brevard, NC 28712

T/6/20/4TP-71955

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO: 19-E-11

IN THE MATTER OF THE ESTATE OF

ROSE MARY SPENCE

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of ROSE MARY SPENCE of Jefferson County, Alabama, this is to notify all persons having claims against the Estate of ROSE MARY SPENCE to present them to the undersigned on or before July 10, 2019, or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

This the 8th day of April, 2019.

Tony C. Dalton,

Public Administrator

c/o Ashley Blair Fortune, Esq.

542 South Caldwell Street

Brevard, NC 28712

T/4/11/6TC-71410

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NOTICE OF FORECLOSURE SALE

19 SP 46

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by William S. Orr and wife, Ammi Orr, to Shelton Jones, Trustee, which was dated August 7th, 2015, and recorded on August 7th, 2015, in Book 735 at Page 441 – 445, Transylvania County Registry, North Carolina.

Default having been made of the Note thereby secured by the said Deed of Trust and the undersigned, Brentley D. Cronquist, 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 June 28th, 2019 at 11:00 a.m., and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

BEGINNING at a concrete monument in the line of Sweiger and running thence N. 57 Deg. 00 min. E. 605.7 ft. to a stake in Clay Pole Creek; thence with the center of said creek, 6 calls as follows: N. 83 deg. 18 min. 42 sec. E. 73.55 ft. (to the top of the falls); S. 77 deg. 41 min. 41 sec. E. 168.65 ft; S. 37 deg. 59 min. E. 53.05 ft .; S. 62 deg. 27 min. E. 53.03 ft .; N. 63 deg. 19 min. E. 45.80 ft .; S. 79 deg. 21 min. 15 sec. E. 28.52 ft. to a point in the creek below the center of a private road; thence with the center of the private road, S. 02 deg. 03 min. 45 sec. W. 121.48 ft/ to the point in the intersection of the road with a driveway; thence still with the center of the private road, 5 calls as follows: S. 35 deg. 01 min. 45 sec. E. 67.60 ft .; South, along a clockwise curve (radius = 40.28ft.. curve length = 34.50 ft.); S. 14 deg. 03 min. W. 146.02 ft .; S. 5 deg. 49 min. 45 sec. W. 121.97 ft .; S. 15 deg. 57 min. 15 sec W. 87.73 ft .; thence leaving the center of this road and running S. 37 deg. 30 min. 23 sec. W. 187.86 ft. t an iron pin in the center of an old road; thence, with the center of the old road 7 calls as follows: N. 62 deg. 48 min. 45 sec. W. 66.07 ft. to an iron pin; N. 55 deg. 23 min. 30 sec. W. 90.13 ft .; N. 51 deg. 00 min. W. 149.3 ft; N. 56 deg. 00 min. W. 143.6 ft .; N. 73 deg. 45 min W. 160.0 ft .; N. 61 deg. 00 min. W. 107.3 ft .; N. 27 deg. 05 min. W. 64.61 ft .; thence leaving the old road and running N. 71 deg. 00 min. W. 65.0 ft .; thence N. 61 deg. 15 min. W. 48.8 ft. to the point and place of BEGINNING. Containing 9.43 acres, more or less as surveyed and platted by P.R. Raxter, RLS., in November 1993. Being the same description prepared by Gene Ramsey in the 1983 deed of conveyance recorded in Book 263 page 555 and used by William R. White in the 2003 deed of conveyance recorded in Book 173 page 660, Transylvania County Registry.

In addition, there is herein conveyed unto Grantee, her heirs, successors and assigns, a joint easement of right-of-way for road and public utility purposes leading along the Eastern edge of the above described tract of land through other property of Grantors to Morgan Mountain Road and a joint easement of right-of-way thereafter along Morgan Mountain Road to SR 1141, together with the right of ingress and egress over and across the said rights-of-way for the purpose of installing, maintaining, repairing and improving the said roadways and installing and maintaining any necessary public utility lines and with the further understanding that Grantee, her heirs, successors and assigns, shall use the said roadways in conjunction with Grantors their heirs, successors and assigns along the aforementioned private road of Grantors through the property of the Grantors to Morgan Mountain Road and thereafter will all persons having the legal right to use Morgan Mountain Road and Grantee, her heirs, successors and assigns, shall pay her pro-rata share of the costs of maintenance and upkeep of the said roadways in conjunction with all other persons having the legal right to sue the said roadways and with the further understanding that Grantors their heirs, successor and assigns specifically reserve unto themselves their heirs, successors and assigns the joint right to use the said roadways.

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 are William S. Orr and wife, Ammi Orr.

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 June 28th, 2019, 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 [NCGS § 45-21.16A(b)(2)]. Upon termination of a rental agreement, the tenant is liable of 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 go have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

T/6/13/2TC-71860

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NOTICE OF PROCEEDING AND

SERVICE OF PROCESS BY PUBLICATION

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE NO. 19-JT-13, 19-JT-14

IN RE:

A.F.M and E.U.I.M, Minor Children

MICKINZY WEVLEY,

Petitioner

vs.

DUNCAN R.S. MCKELLAR,

Respondent.

TO: DUNCAN R.S. MCKELLAR, a/k/a RAND MCKELLAR, DUNCAN “RAND” MCKELLAR

TAKE NOTICE that a petition seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is as follows: Petitioner seeks an Order by the Court terminating the parental rights of the Respondent, Duncan R.S. McKellar.

Plaintiffs pray to the Court that they recover judgment terminating your parental rights. You have the right to counsel and counsel has been appointed to you. Please contact the Transylvania County Clerk of Court to learn more.

You are required to make defense to such pleading no later than July 16th, 2019 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This the 4th day of June 2019.

Douglas R. Campen

N.C. State Bar #48198

Attorney for Plaintiff

9 Park Place West Suite 102

Brevard, NC 28712

(828) 884-6575

T/6/6/3TC-71885

 
 

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