Legals

Legals

17 SP 104

NOTICE OF
FORECLOSURE SALE

NORTH CAROLINA,
MACON COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Kayla H. Baty and James R. Baty to Emmett James House or Bill R. McLaughlin, Trustee(s), which was dated September 1, 2005 and recorded on September 7, 2005 in Book N-29 at Page 1960, Macon 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 October 27, 2017 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Macon County, North Carolina, to wit:
Being the same lands, easements, privileges and appurtenances described in and conveyed by that certain Deed dated August 15, 2003 from Chard Dwain Clark and wife, Kimberly Clark to James R. Baty and wife, Kayla H. Baty, recorded in Book F-27, at Pages 1491 - 1492, Macon County Registry to which reference is made for a more complete description.
And more particularly described as:
BEING all of Lot #39 and Lot #40, and the West 10 feet of Lot #38 of the J. S.Trotter Subdivision, as shown on a plat recorded in the office of the Register of Deeds for Macon County, North Carolina in Plat Book 1 at page 13; being a portion of the property as described in a deed dated March 7, 1959 from Lawrence Long and wife, Annie Laura Long to Sam Winkleblack and wife, Dorothy Winkleblack as recorded in the um cc of the Register of Deeds for Macon County, in Deed Book K-6, at page 594.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 64 Wilson Avenue, Franklin, NC 28734.
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 James R. Baty and wife, Kayla H. Baly.
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.: 17-07537-FC01
10/11/2017-10/18/2017 #376955

Legals

EXECUTOR'S NOTICE

Having qualified as Executor of the estate of Anne Major Doggett deceased, late of Macon 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 11th day January, 2018 or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 11th day of October 2017.

Alynder P. Doggett (Executor)
106 Cammer Avenue
Greenville, SC 29605

Stephanie C. Daniel (Process Agent)
Smith Moore, Leatherwood LLP
101 N. Tryon Street, Suite 1300
Charlotte, NC 28246
10/11/2017-11/1/2017 #377789

Legals

Town of Franklin
Public Notice
Notice is hereby given that the Town of Franklin is now accepting applications for two (2) vacancies on the Tourism Development Authority Board. The two (2) vacancies are for a business directly involved with the collection of rental property occupancy tax. Applications can be picked up at the Town Hall office located at 95 East Main Street, Franklin NC 28734 or online at www.franklinnc.com.
10/11/2017-10/18/2017 #377939

Legals

IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
MACON COUNTY
17SP110

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ROBERT MATTHEW BOYCE DATED DECEMBER 14, 2005 AND RECORDED IN BOOK W-29 AT PAGE 161 IN THE MACON 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 2:00PM on November 2, 2017 the following described real estate and any other improvements which may be situated thereon, in Macon County, North Carolina, and being more particularly described as follows:
ATTACHED TO AND MADE A PART OF THAT DEED OF TRUST DATED THE 14TH DAY OF DECEMBER, 2005 FROM ROBERT MATTHEW BOYCE, AN UNMARRIED MAN, TO JOHN F. HENNING, TRUSTEE FOR LENDMARK MORTGAGE & FINANCE, INC.
BEING the same lands, easements, privileges, and appurtenances as described in and conveyed by that deed dated 21 February 2003 from Marshall Henson and wife, Joyce Henson, to Robert Matthew Boyce, as recorded in the Office of the Register of Deeds for Macon County, North Carolina, in Deed Book N-26 at pages 1987-1988, and being more particularly described therein as follows:
"BEING the same lands, easements, privileges, and appurtenances as described in and conveyed by that deed dated 23 October 2000 from George L. Bradley and wife, Rosanne C. Bradley, to Marshall Henson and wife, Joyce Henson, as recorded in the Office of the Register of Deeds for Macon County, North Carolina, in Deed Book H-24 at pages 17-18, and being more particularly described therein as follows:
'"Lots 12, 13, and 14 of the Whitmire Subdivision in the Town of Franklin, Macon County, North Carolina, as surveyed and platted by James Denman, Civil Engineer, on March 10, 1947, a copy of said plat being recorded in the Office of the Register of Deeds for Macon County, North Carolina, in Plat Cabinet 1, Slide 25 , Page 7, to which plat as so recorded reference is hereby had for a more complete description of the land hereby conveyed. '
"FURTHER CONVEYED HEREWITH is that double-wide mobile home situated upon the real property described hereinabove, which said mobile home is affixed to and made a part of said real property."
And Being more commonly known as: 90 Hillside St, Franklin, NC 28734
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Robert Matthew Boyce.
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 written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is October 12, 2017.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
16-084635
10/18/2017-10/25/2017 #379860

Legals

CREDITOR'S NOTICE

Having qualified as Executor of the Estate of Joseph N. Faunce, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the estate of said Joseph N. Faunce, deceased, to exhibit them to the undersigned on or before the 18th day of January 2018, or this Notice will be pled in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 18th day of October 2017.

Esther M. Wied
Executor
Karen L. Kenney
Resident Process Agent
673 Siler Rd, Suite 4
Franklin, NC 28734-2370
10/18/2017-11/08/2017 #380072

Legals

CREDITOR'S NOTICE

Having qualified as Executor of the Estate of Jaquelin Ambler Fisher, Jr. a/k/a Jack A. Fisher, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the estate of said Jaquelin Ambler Fisher, Jr. a/k/a Jack A. Fisher, deceased, to exhibit them to the undersigned on or before the 18th day of January 2018, or this Notice will be pled in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 18th day of October 2017.

Juliette Fisher
Executor
Karen L. Kenney
Resident Process Agent
673 Siler Rd, Suite 4
Franklin, NC 28734-2370
10/18/2017-11/08/2017 #380024

The Franklin Press

Mailing Address:
40 Depot Street
Franklin, NC 28744 

Phone: 828-524 2010
Fax: 828-524-8821