The Transylvania Times -

Legal Notices: Feb. 27, 2020

 

Last updated 2/26/2020 at 4:49pm



Notice of Foreclosure IN THE MATTER OF:

The Foreclosure by David Budd, Substitute Trustee, of Deed of Trust executed by Penrose Commercial, LLC, a North Carolina Limited Liability Company, dated May 29, 2014, recorded in Book 694, page 342, Office of the Transylvania County Register of Deeds. Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Penrose Commercial, LLC, to Gavin Brown, Trustee, which was dated May 29, 2014, recorded in Book 694, page 342, Office of the Transylvania County Register of Deeds. Default having been made of the Promissory Note thereby secured by the said Deed of Trust and the undersigned, David Budd, having been substituted as Trustee in said Deed of Trust, and the holder of the Promissory Note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the front door of Transylvania County Justice Center, or the usual and customary location at the county courthouse for conducting the sale, on March 6, 2020, at 11:00 a.m. and will sell to the highest bidder for cash the following described real property [“the Property”] situated in Transylvania County, North Carolina: Beginning at a new iron pin located at the Northwest comer of Lot #C1 as shown on that plat entitled “Subdivision Plat for Penrose Commercial, LLC” referenced below thence from said beginning point South 12 degrees 50 minutes 00 seconds East 365.89 feet to a point located in the northern boundary of Tract B described in Deed Book 177 at Page 702 Transylvania County Registry; thence with the northern boundary of same South 79 degrees 16 minutes 46 seconds West 245.40 feet to a point located at the Southeast comer of Tract C (revised) thence with the eastern boundary of same North 10 degrees 02 minutes 15 seconds West 377.10 feet to a point located at the southern margin of a 45 foot Private Right of Way; thence with the southern margin of same North 84 degrees 09 minutes 28 seconds East 162.75 feet to a point thence North 77 degrees 10 minutes 00 seconds East 65.30 feet to the point and place of beginning. Being two (2) acres more or less and being all of that property designated as Lot #C3 as shown on that plat entitled Subdivision Plat for Penrose Commercial, LLC prepared by Clarence A. Jenkins, P.L.S. dated November 26, 2008 and revised May 19, 2014 and being Job #08-091, reference to which is hereby made and incorporated herein for greater certainty of description. This property is conveyed together with and subject to all of those right of ways as shown on said above referenced plat and together with and subject to those rights of way reserved and conveyed in Deed Book 177 at Page 705, Transylvania County Registry. This property is further conveyed subject to that right of way 20 feet in width running along this eastern boundary of the subject real property said right of way also being shown on the above referenced plat. And being a portion of that property described in Deed Book 177 at Page 705, Transylvania County Registry. Said property is to be offered pursuant to this Notice of Sale for sale, transfer and conveyance “AS IS WHERE IS” and 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. 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 Penrose Commercial, LLC. A cash deposit (no personal checks will be accepted) 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 of the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. 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 Transylvania County. 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 upon 10 days’ written notice to the landlord. 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. If the Substitute Trustee is unable to convey title to the Property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons for 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 his sole discretion, if he believes 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.

David Budd

Substitute Trustee

207 Hillside Street

Asheville, NC 28801

828.350.3814

TM2/27/2TC-73579

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E71

EXECUTOR’S -ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Shirley Brown Arnette of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Shirley Brown Arnette to present them to the undersigned on or before May 27, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 27, 2020.

Anthony Arnette

PO Box 1031

Pisgah Forest, NC 28768

T2/27/4TP-73701

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO.20E62

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Charles Junior Brown of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Charles Junior Brown to present them to the undersigned on or before May 20, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 20, 2020.

Debra Jean Crane

100 Deer Chase Circle

Cedar Mountain, NC 28718

Attorney:

Brian P. Philips

30 N. Country Club Road

Brevard, NC 28712

T2/20/4TP-73550

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20 E 73

EXECUTOR’S NOTICE

Having qualified as Co-Executors of the Estate of Paul W. Doll, Jr. of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Paul W. Doll, Jr. to present them to the undersigned attorney on or before May 28, 2020 or the claim will be forever barred thereafter. All persons indebted to the said estate, please make immediate payment.

This 27th day of February, 2020.

Gerard B. Bajek, Co -Executor

G. Ruffin Benton,

Co-Executor

Attorney:

Margaret M. Hunt

P. O. Box 1175

Brevard, NC 28712

T2/27/4TC-73704

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E31

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Imo Jean Lance aka Ima Jean Clayton Lance of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Imo Jean Lance aka Ima Jean Clayton Lance to present them to the undersigned on or before May 20, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 20, 2020.

Robert Mack Powell

PO Box 13

Rosman, NC 28772

T2/20/4TP-73548

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E47

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Luther Hooper Norton Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Luther Hooper Norton to present them to the undersigned on or before May 6, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 6, 2020.

Douglas E. Norton

12 Llandaff Road

Havertown, PA 19083

T2/6/4TP-73434

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E381

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Branch Elmiras Paxton III of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Branch Elmiras Paxton III to present them to the undersigned on or before May 13, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 13, 2020.

Dory Helen Paxton

84 Cherry Road

Southport, NC 28461

T2/13/4TP-73492

 
 

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