The Transylvania Times -

Legal Notices: August 5, 2019

 

August 5, 2019



STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19 E 226

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of Ellen Heller of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Ellen Heller to present them to the undersigned on or before October 29, 2019 or the claim will be forever barred thereafter. All persons indebted to the said estate, please make immediate payment.

This 29th day of July, 2019.

Margaret M. Hunt, Executor

P. O. Box 1175

Brevard, NC 28712

Attorney:

Margaret M. Hunt

P O Box 1175

Brevard, NC 28712

M/7/29/4TC-72248

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19 SP 58

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 Norma Clayton and Charles L. Clayton to William R. Echols, Trustee(s), which was dated May 30, 2014 and recorded on June 3, 2014 in Book 693 at Page 331, 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 August 19, 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:

The following described property:

All that certain lot or parcel of land situated in the City of Brevard, Brevard Township, Transylvania County, North Carolina and more particularly described as follows:

Beginning on an iron rod set in a gravel driveway, the point of beginning of a Deed at Deed Book 284, Page 750 of the Transylvania County Registry, said corner lying South 72 deg. 23 min. West 134.35 feet from a tack at the point of intersection of a gravel drive with S. R. 1124; thence running from said beginning point and with Jake Gillespie Road, South 78 deg. 00 min. 00 sec. West 92.68 feet to an iron rod; thence South 50 deg. 51 min. 00 sec. West 73.16 feet to an iron rod set in a gravel driveway; thence North 00 deg. 24 min. 00 sec. East 126.10 feet to an existing iron pin under the roots at a corner of an Hemlock hedge row; thence South 81 deg. 25 min. 00 sec. East 83.86 feet to an exiting iron pin; thence South 50 deg. 01 min. 00 sec. East 40.05 feet to an iron rod; thence South 55 deg. 46 min. 00 sec. East 39.80 feet to the point and place of Beginning. Containing 0.21 acres, more or less, as surveyed and platted by Michael Petit, RLS, dated November 26, 1996.

This property is conveyed together with those water rights and easements for right of way purposes to obtain water from a reservoir as described in Deed Book 284, Page 750 of the Transylvania County Registry.

This property is conveyed together with a right of way over and across Jake Gillespie Road and a gravel road to the public road. Said easement as herein conveyed is for ingress and egress of vehicles of all types and for the location of public utilities thereon.

This property is further conveyed together with and subject to that joint easement of right of way to S. R. 1124 along with a maintenance agreement as described in a Deed at Deed Book 359, Page 205 of the Transylvania County Registry.

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

Said property is commonly known as 36 Koda Drive, 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 All Lawful Heirs of Norma Clayton.

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 .: 19-08376-FC01

M/8/5/2TC-72221

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E222

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Lloyd Winfred McJunkin of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Lloyd Winfred McJunkin to present them to the undersigned on or before October 29, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 29, 2019.

Daniel Lee McJunkin

130 Inez Drive

Rosman, NC 28772

M/7/29/4TP-72247

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E232

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Elsie Christine Laughter Shook of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Elsie Christine Laughter Shook to present them to the undersigned on or before November 5, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 5, 2019.

Darrell Wesley Shook

630 Calvert Rd.

Brevard, NC 28712

M/8/5/4TP-72302

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CREDITOR’S NOTICE

Having qualified as the Ancillary Executor of the Estate of Iola Smith, 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 Ancillary Executor, in care of Heather Whitaker Goldstein, Attorney, Van Winkle, Buck, Wall, Starnes and Davis, P.A., 11 North Market Street, Asheville, NC 28801, on or before the 29th day of October, 2019, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

Christina Loeb

Ancillary Executor of the Estate of Iola Smith

M/7/29/4TC-72218

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NOTICE OF FORECLOSURE SALE

North Carolina,

Transylvania COUNTY

19-SP-44

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by James A. Taylor and Joee Taylor, in the original amount of $138,037.00, payable to Mortgage Electronic Registration Systems, Inc. Solely as Nominee for Embrace Home Loans, Inc. , dated October 14, 2010 and recorded on October 19, 2010 in Book DOC 553 at Page 330, and modified by Loan Modification dated February 4, 2015 and recorded on February 25, 2015 in Book DOC 717 at Page 656, Transylvania County Public Registry, North Carolina.

Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Stone Trustee Services, LLC having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Transylvania County, North Carolina, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in Transylvania County, North Carolina, on August 19, 2019 at 2 p.m., and will sell to the highest bidder for cash the following described property, to wit:

All that certain lot or parcel of land situated in the City of Cedar Mountain, Cedar Mountain Township, Transylvania County, North Carolina and more particularly described as follows:

BEING and comprehending all of that tract of land described in two deeds, on of which dated September 20, 1963 is from Donald Burns, et ux, et al to Cecil A. Smith and wife, Frances J. Smith and recorded in Deed Book 149 at Page 259 in the Office of the Register of Deeds for Transylvania County, North Carolina which deed is incorporated herein by this reference for more full and complete description and the other deed being dated June 20, 1972 is from Eldred K. Burns to Cecil A. Smith and wife, Frances J. Smith and recorded in Deed Book 195 at Page 137,in the Office of the Register of Deeds for Transylvania County, North Carolina, which deed is incorporated herein by this reference for a more full and complete description. There is EXCEPTED, however, so much of the foregoing tracts of land as is described in a deed dated November 6, 1972 from Cecil A. Smith and wife, Frances J. Smith and recorded in Deed Book 198 at Page 43 in the aforesaid office of the Register of Deeds which deed is incorporated herein by this reference for purposes of more fully and completely describing the property EXCEPTED from this conveyance. And being more particularly described by metes and bounds as follow:

BEGINNING on a stone in the South Carolina-North Carolina state line common corner of tract numbers 3,4, and 9 of the J.A. Burns land as shown by plat recorded in plat book 1, page 97 in the office of the Register of Deeds for Transylvania County and runs thence, with the line of said tract 4 North 87 deg. 20 min. West, 1328.6 feet to a stone in said line; thence, still with the line of tract number 4, North 62 deg. 49 min. West, 721.5 feet to a stake in the center of the Camp Greenville Road; thence, along the center of the Camp Greenville Road in a Southwesterly direction about 300 feet to a stake, corner of Pallie Summey; thence, leaving the centerline of the Camp Greenville Road, South 68 deg. 16 min. East, 645.0 feet to an old tone; thence South 86 deg. 28 min. East, 619.6 feet to a stone; thence, North 80 deg. 0 min. East, 50.0 feet to a stone; thence, North 45 deg. 30 min. East, 221.4 feet running along and with the South Carolina- North Carolina state line, to a stone; thence, North 76 deg. 23 min. East, 500.0 feet funning along the South Carolina-North Carolina state line to an old stone, the point and place of BEGINNING.

Together and along with the lands conveyed in the aforesaid deed recorded in Deed Book 195 at Page 137, the public registry of North Carolina.

The above description is made in accordance with the survey and plat made by R.B. Bruce, RLS, on the 24th day of October, 1962.

This conveyance is subject to utilities as the same appear of record and right-of-way to the State Highway Commission by virtue of the property fronting on the State maintained road.

Being the same property conveyed from Lewis Alton Taylor to James A. Taylor by deed recorded May 22, 2006 in Book 350, Page 259 in the registrar’s office of Transylvania County.

Parcel ID # 9512-74-5402-000

Tax ID: 9512-74-5402-000

Said Property is commonly known as 1320 Solomon Jones Rd, Cedar Mountain, NC 28718

Third party purchasers must pay the excise tax, pursuant North Carolina General Statutes §105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof, and the Clerk of Courts fee, pursuant to North Carolina General Statutes §7A-308, in the amount of Forty-five Cents (0.45) per each One Hundred Dollars ($100.00) or major fraction thereof, of the final sale price. If the Clerk of Court’s fee determined by the formula is less than Ten Dollars ($10.00), a minimum Ten Dollar ($10.00) fee will be collected. If the Clerk of Court’s fee determined by the formula is more than Five Hundred Dollars ($500.00), a maximum Five Hundred Dollar ($500.00) fee will be collected. A deposit of five percent (5%) of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be 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, special assessments, land transfer taxes, if any, and encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owner of the property is James A. Taylor.

PLEASE TAKE NOTICE: An order for possession of the property may be issued pursuant to North Carolina General Statutes §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 (North Carolina General Statutes §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 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 Substitute 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.

Stone Trustee Services, LLC

Substitute Trustee

By: ______________________

Attorney At Law

Stern & Eisenberg Southern, PC

Attorneys for Stone Trustee Services, LLC

David R. DiMatteo #35254

Christopher J. Culp #13466

5970 Fairview Road

Suite 126

Charlotte, NC 28210

(704) 879-2777

(803) 929-0830

M/8/5/2TP-72155

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NOTICE TO CREDITORS

All persons, firms and corporations having claims against the Estate of JOHN PURCELL KILPATRICK, JR., Deceased, of Transylvania County, N.C., are notified to present the same to the Personal Representatives listed below on or before October 29, 2019, or this Notice will be pleaded in bar of recovery. All debtors of the said Estate are asked to make immediate payment.

This 29th day of July, 2019.

Christian Buckman,

Co-Administrator

Megan O’Reilly,

Co-Administrator

c/o Zachary F. Lamb

Ward and Smith, P.A.

Attorneys at Law

Post Office Box 2020

Asheville, NC 28802-2020

M/7/29/4TC-72207

 
 

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