The Transylvania Times -

Legal Notices for March 19

 

Last updated 3/18/2020 at 3:10pm



NOTICE OF FORECLOSURE SALE

19 SP 80

Under and by virtue of the power of sale contained in a certain Deed of Trust made by William Hemphill and Edna Kay Hemphill, (Edna Kay Hemphill, Deceased) to Gregory E. Bennett, Trustee(s), dated the 4th day of December, 1997, and recorded in Book 270, Page 605, and Re-recorded in Book 273, Page 310, and Order in Book 710, Page 349, in Transylvania County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. 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 the City of Brevard, Transylvania County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on April 2, 2020 and will sell to the highest bidder for cash the following real estate situated in the County of Transylvania, North Carolina, and being more particularly described as follows:

TRACT 1: BEGINNING at a stake in the center of a driveway, which stake stands 55 deg. 45 min. East 43 feet, more or less, from point in the center of the roadway dividing the Hunter and Owen Property (which point is South 13 deg. 19 min. West 182 feet from a poplar on the South side of Hudlin Gap Road, (State Road 1510) and runs thence, with the center of said driveway, three (3) calls as follows: North 67 deg. 45 min. East 107.74 feet; North 79 deg. 59 min. East 125.39 feet; and North 45 deg. 41 min East 57.74 feet; thence, leaving said driveway, South 51 deg. 19 min. East 42.05 feet to an from pin; thence North 14 deg. East 136.15 feet; thence South 39 deg. 45 min. East 144.40 feet to a 30 inch maple; thence, with the center of a branch, South 1 deg. 55 min. West 163 feet to an 8 inch maple on the West bank of said creek; thence South 71 deg. 40 min. West 191 feet to a double poplar; thence South 88 deg. 25 min. West 72 feet to a sourwood; thence North 55 deg. 45 min. West 270 feet to the point of BEGINNING, as surveyed and platted by P.R. Raxter, RLS, on January 26, 1972. AND BEING all of that same property described in Book 222, at Page 459, Transylvania County North Carolina Public Registry, reference to said deed is hereby made for a more particular description of said property. TRACT 2: BEGINNING at a point in the center of Capps Road, said point also being the northeast corner of property heretofore conveyed by the Grantors herein to Leonard Wynn, et al., thence running with the center of Capps Road, North 36 deg. 15 min. 15 sec. West 12.00 feet; thence, with the line of Elliott, North 24 deg. 54 min. East 155.63 feet; thence, South 41 deg. 00 min. East 11.51 feet; thence, South 24 deg. 54 min. West and total distance of 156.72 feet, passing an iron pin at 38.42 feet, to the point of BEGINNING, Containing .03 acre, more or less, as surveyed and platted by P.R. Raxter, RLS, January 11, 1983. AND BEING all of that same property described in Book 257, at Page 538, Transylvania County North Carolina Public Registry, reference to said deed is hereby made for a more particular description of said property. Together with improvements located thereon; said property being located at 904 Hudlin Gap Road, Pisgah Forest, North Carolina.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

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/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, 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.

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.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. 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.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm LLP

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

Phone No: (910) 864-3068

https://sales.hutchenslawfim.com

Case No: 1276016 (FC.FAY)

T3/19/2TC-73850

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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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CREDITOR’S NOTICE

Having qualified as Co-Executors for the Estate of Edna McCrary Bryson, 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 Co-Executors, in care of B.J. Kilgore, Esq., Van Winkle, Buck, Wall, Starnes and Davis, P.A., Attorneys-at-Law, 11 North Market Street, Asheville, NC 28801, on or before the 12th day of June, 2020, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

Charles J. Bryson, Jr.,

Co-Executor

Laura Marie Bryson Morgan, Co-Executor

Estate of Edna McCrary Bryson

T3/12/4TC-73774

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E80

EXECUTOR’S -ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Ruth Cech of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Ruth Cech to present them to the undersigned on or before June 5, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 5, 2020.

Hazel Reid Fisher

976 Blue Ridge Road

Lake Toxaway, NC 28747

Attorney:

Brian P. Philips

30 N. Country Club Road

Brevard, NC 28712

T3/5/4TP-73757

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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. 20E87

EXECUTOR’S -ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Julie Grace Ponder aka Grace J. Ponder of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Julie Grace Ponder aka Grace J. Ponder to present them to the undersigned on or before June 12, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 12, 2020.

Shasta Deaver

21 River Road

Penrose, NC 28766

Cathy Bond

99 Maple Hill Road

Penrose, NC 28766

T3/12/4TP-73811

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20-E-92

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Betty Lou Rogers of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Betty Lou Rogers to present them to the undersigned on or before June 17, 2020 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 13th day of March, 2020.

Donald H. Barton

PO Box 1209

Brevard, NC 28712

Attorney:

Donald H. Barton, P.C.

158 East Main Street

Brevard, NC 28712

828-883-4020

T3/19/4TC-73852

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STATE OF

North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E74

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Wanda Sue Waters of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Wanda Sue Waters to present them to the undersigned on or before June 5, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 5, 2020.

Shirley Etters

136 Poor House Rd

Pisgah Forest, NC 28768

T3/5/4TP-73762

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CREDITOR’S NOTICE

Having qualified as Co-Executors of the Estate of Barbara Johnson 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 5th day of June, 2020, 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 Barbara Johnson Wright, Deceased

Caroline T. Knox, CELA

Law Office of Caroline Knox, PLLC

16 Towne Place Dr.,

Suite 100

Hendersonville, NC 28792

T3/5/4TC-73733

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NOTICE OF PUBLIC SALE

PURSUANT TO North Carolina G.S. 44A-43.

Name and address of Lienor:

Cherryfield Self Storage

PO Box 864

Rosman NC 28772

Property Being Sold:

Various items of personal property located at Cherryfield Self Storage are being sold pursuant to the assertion of a lien for rental at the Self Storage facility. Sale consists of unit A24 (Valentino), A33(Horner), A37 (Gravely), A41(Hunter/ Pitts), B33(Collins), D36 (Curro), E31(Vaughn) & F12(Cottrell).

Place of Sale:

Cherryfield Self Storage

377 Old Rosman Hwy.

Brevard NC 28712

Date of Sale:

March 28, 2020

Time of Sale:

10:00 am

Rain Date:

April 4, 2020

MT3/19/2TC-73860

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