The Transylvania Times -

Legal Notices: July 22, 2019

 

July 22, 2019



NOTICE OF SERVICE BY PROCESS BY PUBLICATION

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE NO. 19 CvD 329

North Carolina

Transylvania COUNTY

Transylvania County, A Body Politic and Corporate vs. Unknown Heirs at Law of Glen Allen Rose

TO: Unknown Heirs at Law of Glen Allen Rose

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:

Foreclosure sale to satisfy unpaid property taxes owing to Transylvania County on your interest in the property described as follows:

BEGINNING on an iron pin, said iron pin being located at the point of intersection of Lots Nos. 17, 18 and 19, said iron pin being the northeast corner of the tract herein conveyed and the northwest corner of Lot No. 18 and the southwest corner of Lot No. 19; thence running from said beginning point and with the line of Lot No. 20 South 50 deg. 28 min. 32 sec. West 119.67 feet to an iron pin, said iron pin being the northwest corner of the tract herein conveyed and the northeast corner of Lot No. 16; thence running with the line of Lot No. 16 South 66 deg. 59 min. 58 sec. East 72.02 feet to an iron pin; thence South 64 deg. 00 min. 58 sec. East 154.60 feet to an iron pin located in the line of Lot No. 14; thence with the line of Lot No. 14 North 28 deg. 04 min. 02 sec. East 148.25 feet to an iron pin at or near the margin of a cul-de-sac; thence North 28 deg. 04 min. 02 sec. East 45 feet to a point in the center of said cul-de-sac, said point also being at the intersection of Lots Nos. 18, 11, 12, 13 and 14; thence leaving said center of said cul-de-sac and running with the line of Lot No. 18 South 73 deg. 21 min. 02 sec. West 45 feet to an iron pin at or near the margin of a cul-de-sac; thence South 73 deg. 21 min. 02 sec. East 62.77 feet to an iron pin; thence continuing with the line of Lot no. 18 and running North 72 deg. 09 min. 58 sec. West 105.73 feet to an iron pin, the point and place of BEGINNING. Containing .60 acres, more or less, and being all of Lot No. 17 of the property of Fountainhead Farms, Inc. subdivision of the Shearin tract as surveyed and platted by P. R. Raxter, RLS, October, 1984.

This conveyance is made subject to those restrictive covenants contained in Deed Book 277, Page 266 of the Transylvania County Registry.

The Grantor, for itself, its heirs and assigns, conveys unto the Grantees, their heirs and assigns, a joint easement of right of way over and across an existing road right of way having as its termination point the center of a cul-de-sac located on the northernmost corner of the above-described property. Said easement as herein granted is for ingress and egress of vehicles of all types and for the location of public utility rights of way. Said easement is to be maintained on a pro rata basis according to usage and in compliance with the terms and conditions of any restrictive covenants applicable to the above-described property.

The Grantor, for itself, its heirs and assigns, reserves an easement of right of way over and across the above-described road for ingress and egress of vehicles of all types and for the location of public utility rights of way and shall be maintained by the Grantor, its heirs and assigns, according to the terms and conditions of the restrictive covenants applicable to the above-described property.

This conveyance is made subject to all easements, restrictive covenants and other matters either set out in or referred to in the deed recorded in Book 290, Page 498, hereinabove referred to.

Subject to easements, restrictions and rights of way of record, and matters of survey.

Also being identified as Parcel ID# 8572-67-8646-000, Transylvania County Tax Office.

Plaintiff seeks to extinguish any and all claims and interests that you may have in the property, to have a commissioner appointed to sell the Property and to deliver to the purchaser a deed to said real estate in fee simple, free and clear of all encumbrances, and that the interests and equities of redemption of the Defendants in the property be forever barred and foreclosed.

You are required to make defense to such pleading not later than August 26, 2019 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This day of July 8, 2019.

Richard J. Kania

Attorney for Plaintiff

600-A Centrepark Drive

Asheville, North Carolina 28805

(828) 252-8010

M/7/15/3TC-72123

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19 SP 50

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 Harold C. Smith to Trste, Inc., Trustee(s), which was dated June 27, 2006 and recorded on July 28, 2006 in Book 361 at Page 656, 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 29, 2019 at 10:30AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATED IN THE CITY OF CATHY’S CREEK TOWNSHIP, Transylvania County, NORTH Carolina AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING ALL OF LOTS NOS. 3 AND 4, AS SHOWN ON THE PLAT OF RAY MARCUS WINCHESTER PROPERTY AS RECORDED IN PLAT FILE 3, SLIDE 317, Transylvania County REGISTRY.

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

Said property is commonly known as 929 Calvert Road and 0.42-acre parcel adjacent to 929 Calvert Road, 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 Harold C. Smith.

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 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 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 .: 19-06592-FC01

M/7/15/2TC-72087

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E156

EXECUTOR’S - ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: July 8, 2019.

Michael Todd Sullivan

200 S. Dawson St., #113

Raleigh, NC 27601

M/7/8/4TP-72107

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E200

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Betty Jean Duclos Teague of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Betty Jean Duclos Teague to present them to the undersigned on or before October 8, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 8, 2019.

Betty Llyn Nicholson Shook

3962 Staton Road

Hendersonville, NC 28739

M/7/8/4TP-72106

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E187

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Thomas Laird McGow of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Thomas Laird McGow to present them to the undersigned on or before October 1, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 1, 2019.

Elise L. Wall

PO Box 1598

Brevard, NC 28712

Attorney:

Elise L. Wall

PO Box 1598

Brevard, NC 28712

M/7/1/4TP-72057

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Notice of Sale IN THE GENERAL COURT OF JUSTICE OF

North CAROLINA

SUPERIOR COURT DIVISION

Transylvania COUNTY

19SP4

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ROBERT GALLOWAY AND KAREN GALLOWAY DATED JULY 25, 2006 AND RECORDED IN BOOK DOC 367 AT PAGE 576 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 July 29, 2019 the following described real estate and any other improvements which may be situated thereon, in Transylvania County, North Carolina, and being more particularly described in that certain Deed of Trust executed Robert Galloway and Karen Galloway, dated July 25, 2006 to secure the original principal amount of $151,685.00, and recorded in Book DOC 367 at Page 576 of the Transylvania County Public Registry. The terms of the said Deed of Trust may be modified by other instruments appearing in the public record. Additional identifying information regarding the collateral property is below and is believed to be accurate, but no representation or warranty is intended.

Address of property:

163 Flora Lina Dr,

Brevard, NC 28712

Tax Parcel ID:

8575-10-8500-000

Present Record Owners: Robert Dean Galloway and wife, Karen Chapman Galloway

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 18, 2019.

18-103299

(704) 333-8107

http://shapiroattorneys.com/nc/

M/7/15/2TC-71968

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E192

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Administrator CTA of the Estate of Winifred Buckner Taylor of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Winifred Buckner Taylor to present them to the undersigned on or before October 1, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 1, 2019.

Nancy A. Manning

215 Ballard Ct.

Fort Mill, SC 29715

M/7/1/4TP-72049

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E193

EXECUTOR’S - ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: July 1, 2019.

Nancy S. Carroll

74 Woodlawn Ave.

Brevard, NC 28712

M/7/1/4TP-72050

 
 

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