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AMENDED RE-NOTICE OF TRUSTEE'S SALE OF REAL ESTATE

AMENDED RE-NOTICE OF TRUSTEE'S SALE OF REAL ESTATE
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Dorothy M. Eargle, Trustee of the Dorothy M. Eargle Revocable Trust Dated 11/20/2000, to Jonathan C. Parce, Trustee, as dated and recorded June 30, 2008 in Deed of Trust Book 2088, at Page 656 of the Henderson County Registry and in Book 366, at Page 240 of the Polk County Registry and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court of Henderson County, North Carolina, entered in this foreclosure proceeding, the undersigned will offer for sale at public auction on the 30th day of April, 2015, at 11:00 o’clock A.M., at the door of the Henderson County Courthouse, Hendersonville, North Carolina, the following described real property (including any improvements thereon) situated in Henderson County and Polk County, North Carolina:
TRACT I: BEGINNING at a point near the Henderson County/Polk County line, said beginning point being a corner common to Lot 12 of the Blake’s Knob property (Plat Book 4, Page 16, Polk County Registry) and also being located South 61° West 482.05 feet from an iron pin, which is a tie point on that certain plat entitled “DOROTHY M. AND WILLIAM R. EARGLE”, Saluda Twp., Polk Co., No. Car., Green River Twp., Henderson County, No. Car., dated March 17, 1988, and prepared by Butler Associates, Tryon, NC, recorded in Plat Cabinet A, Slide 378A, Henderson County Registry, and running thence from said beginning point South 18° 21' 25" East 139.68 feet to a point located in the center of the 20' right of way for Linnie Avenue; thence South 0° East 162.19 feet to a point, a corner common to Lot 37 of the Blake’s Knob property (Plat Book 4, Page 16, Polk County Registry); thence North 85° East 137.03 feet to a point in the center of a right of way for Grace Street (unopened); thence North 0° West 114.11 feet to a point in the center of the right of way for Linnie Avenue; thence three (3) calls with the center of the right of way for Linnie Avenue North 28° East 11.65 feet, North 38° 59' East 19.82 feet and North 5° 17' 30" West 28.66 feet to a common corner of Lot 11 of the Blake’s Knob property (Plat Book 4, Page 16, Polk County Registry); thence leaving Linnie Avenue and running with Lot 11 North 84° 30' East 144.07 feet to a point; thence South 0° East 144.93 feet to an iron rod; thence South 55° East 350 feet to an iron pin; thence South 0° 40' 35" West 200.00 feet to an iron rod in the center of the right of way for an unopened street (Grace Street); thence South 80° West 225.00 feet to a point; thence South 80° West 425.37 feet to an iron rod; thence South 41° West 295.55 feet (crossing the Henderson County/Polk County line) to an iron rod; thence South 64° West 396.00 feet to an iron rod; thence North 25° West 462.52 feet to an iron rod; thence South 75° East 264.00 feet to an iron rod; thence North 65° 32' 15" 265.75 feet to an iron rod near the margin of Linnie Avenue; thence North 9° West 510 feet to an iron rod; thence North 61° East 394.59 feet to the point and place of the BEGINNING, containing 14.938 acres, more or less, as shown upon and delineated on the hereinabove referenced plat.
THERE IS HEREBY EXPRESSLY EXCEPTED from the above described property that certain parcel of land (Lot 39, containing approximately 0.27 acre) conveyed to L. E. Wallace by deed dated February 1, 1926, recorded in Deed Book 117, Page 17, Polk County Registry.
The record owner of “Tract I” above-described as reflected on the records of the Henderson County Registry and of the Polk County Registry not more than ten (10) days prior to the posting of this Notice is Dorothy M. Eargle, Trustee of the Dorothy M. Eargle Revocable Trust Dated 11/20/2000.
The real property being offered pursuant hereto is being offered for sale, transfer and conveyance AS IS, WHERE IS, AND WITH ALL FAULTS. Neither the Trustee nor the holder or beneficiary of the note secured by the deed of trust being foreclosed upon make any representations or warranties, express or implied, relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale pursuant to this notice of sale, and any and all liabilities arising out of or in any way relating to any such condition expressly are disclaimed. The sale will be made subject to all prior unrecorded or recorded liens, unpaid taxes, and restrictions and easements of record and special assessments, if any.
Third party purchasers must pay the excise tax and the court costs of forty-five cents (45¢) per one hundred dollars ($100.00) up to a maximum of five hundred dollars ($500.00). Pursuant to N.C.G.S. Sec. 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee at the time of the sale a cash deposit of the greater of five (5) percent of the amount bid, or Seven Hundred Fifty and No/100 Dollars ($750.00). This sale will be held open ten (10) days for upset bids as required by law. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C.G.S. Sec. 45-21.30(d) and (e). If the sale is set aside for any reason, the successful bidder shall be entitled only to a return of the bid deposit, and no further or other recourse or remedy may be asserted against the Grantor, Grantee, Trustee or the attorney of any of the foregoing.
Additional notice for residential real property with less than 15 rental units: An order for possession of the property may be issued pursuant to N.C.G.S. Sec. 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 upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of termination.
Dated this the 31st day of March, 2015.

Jonathan C. Parce, Trustee
P.O. Box 628
Hendersonville, NC 28793

4/22, 29

Estate of Jonnie M. DeWitt

CREDITOR’S NOTICE
Having qualified as Co-Executors of the Estate of Jonnie M. DeWitt, deceased, late of Henderson 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 February, 2015, or this Notice will be pleaded in bar of their recovery.  All persons indebted to said Estate will please make immediate payment.

Michael Lindsey DeWitt and Elizabeth Ruth DeWitt, Co-Executors of the Estate of Jonnie M. DeWitt, Deceased

Robert H. Haggard, Esquire
Van Winkle, Buck, Wall, Starnes & Davis, P.A.
422 South Main Street
Hendersonville, NC 28792

11/5, 12, 19, 26

Estate of Edna S. Lutz

CREDITOR’S NOTICE
Having qualified as Executrix of the Estate of Edna S. Lutz, deceased, late of Henderson County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned Executrix, c/o Robert H. Haggard, Attorney, 422 S. Main Street. Hendersonville, NC 28792 on or before the 5th day of February. 2015, or this Notice will be pled in bar of their recovery. All persons indebted to said Estate
will please make immediate payment.

Elizabeth Ann Lutz
Executrix of the Estate of
Edna S. Lutz, Deceased.

Robert H. Haggard, Attorney
The Van Winkle Law Firm
422 S. Main Street
Hendersonville, NC 28792

11/5, 12, 19, 26

Estate of Vera S. Burton

CREDITOR’S NOTICE
Having qualified as Executor of the Estate of Vera S. Burton, deceased, late of Henderson 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 February, 2015, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

Palmer D. Clemmer, Executor of the Estate of
Vera S. Burton, Deceased

Adam L. Shealy, Esquire
Van Winkle, Buck, Wall, Stames & Davis, P.A.
422 South Main Street
Hendersonville, NC 28792

11/5, 12, 19, 26

Estate of Michael Holsopple

CREDITORS NOTICE
Having qualified as Administrator of the Estate of Steve Michael Holsopple, deceased, of the County of Henderson, State of North Carolina, this is to notify all persons, firms and corporations having claims against said estate to present them to the undersigned on or before the 5th day of February, 2015, or this notice will be pleaded in bar of recovery. All persons, firms and corporations indebted to said estate will make settlement at once to the undersigned.

This the 5th day of November, 2014.

Connie Sargent, Administrator of the Estate of Steve Michael Holsopple

c/o Law Office of J. Michael Edney
1509 Haywood Rd, Ste C
Hendersonville, NC 28791

11/5, 12, 19, 26

Estate of Constance S. Erwin

CREDITOR’S NOTICE
Having qualified as Executor of the Estate of Constance S. Erwin, deceased, late of Henderson County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned onor before the 5th day of February, 2015, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
Gaela A. Erwin,
Executor of the Estate of
Constance S. Erwin, Deceased

Caroline T. Knox, CELA
Van Winkle, Buck, Wall, Starnes & Davis, P.A.
422 South Main Street
Hendersonville, NC 28792

11/5, 12, 19, 26

Estate of Barbara Wenger

CREDITORS NOTICE
Having qualified as Executor of the Estate of Barbara Wenger, deceased, of the County of Henderson, State of North Carolina, this is to notify all persons, firms and corporations having claims against said estate to present them to the undersigned on or before the 5th day of February, 2015, or this notice will be pleaded in bar of recovery. All persons, firms and corporations indebted to said estate will make settlement at once to the undersigned.

This the 5th day of November, 2014.

David Wenger, Executor of the Estate of Barbara Wenger, deceased

6 Town Mountain Rd. Bryson City, Tenn., 28713

11/5, 12, 19, 26

Estate of Henry Jones, Jr.

CREDITORS NOTICE
Having qualified as Administrator of the Estate of Henry Jones, Jr., deceased, of the County of Henderson, State of North Carolina, this is to notify all persons, firms and corporations having claims against said estate to present them to the undersigned on or before the 5th day of February, 2015, or this notice will be pleaded in bar of recovery. All persons, firms and corporations indebted to said estate will make settlement at once to the undersigned.

This the 5th day of November, 2014.

Leilia Little, Executor of the Estate of Henry Jones, Jr., deceased

10 Pisgah View Apt. H
Asheville, NC 28806

11/5, 12, 19, 26

Estate of Doyle Jackson Horne

CREDITORS NOTICE
Having qualified as Administrator of the Estate of Doyle Jackson Horne, deceased, of the County of Henderson, State of North Carolina, this is to notify all persons, firms and corporations having claims against said estate to present them to the undersigned on or before the 5th day of February, 2015, or this notice will be pleaded in bar of recovery. All persons, firms and corporations indebted to said estate will make settlement at once to the undersigned.

This the 5th day of November, 2014.

Meredith Lenell, Executor of the Estate of Doyle Jackson Horne,  deceased

99 Shadow Ridge Dr.
Fletcher, NC, 28732

11/5, 12, 19, 26

Estate of Robert Theodore Stelloh

CREDITORS NOTICE
Having qualified as Administrator of the Estate of Robert Theodore Stelloh, deceased, of the County of Henderson, State of North Carolina, this is to notify all persons, firms and corporations having claims against said estate to present them to the undersigned on or before the 5th day of February, 2015, or this notice will be pleaded in bar of recovery. All persons, firms and corporations indebted to said estate will make settlement at once to the undersigned.

This the 5th day of November, 2014.

Audrey Stelloh, Executor of the Estate of Robert Theodore Stelloh, deceased

65 Sierra Dr.
Hendersonville. NC 28739

11/5, 12, 19, 26

Estate of Relma B. McMinn

CREDITORS NOTICE
Having qualified as Administrator of the Estate of Relma B. McMinn,  deceased, of the County of Henderson, State of North Carolina, this is to notify all persons, firms and corporations having claims against said estate to present them to the undersigned on or before the 5th day of February, 2015, or this notice will be pleaded in bar of recovery. All persons, firms and corporations indebted to said estate will make settlement at once to the undersigned.

This the 5th day of November, 2014.

Kevin J. Robinson, Executor of the Estate of Doyle Jackson Horne,  deceased

PO Box 486
Hendersonville, NC 28793

11/5, 12, 19, 26

Estate of Jacquelyn Renfroe Dowling

NOTICE TO CREDITORS
All persons, firms and corporations having claims against Jacquelyn Renfroe Dowling, deceased of Henderson County, North Carolina, are hereby notified to present them to Lester Michael Dowling, as Executor of the decedent’s estate, on or before February 3, 2015, in care of the undersigned at his address, or this notice will be pleaded in bar of their recovery.  

All persons, firms and corporations indebted to the said estate will please make immediate payment to the above named Executor.
This the 5th day of November, 2014.

Lester Michael Dowling
108 Silverrod Lane
Asheville, NC 28803

11/5, 12, 19, 26

TD Bank v Mary Sivore

NOTICE SERVICE
OF PROCESS
BY PUBLICATION

North Carolina,
Transylvania County

TD Bank, N.A. vs. George Sivore, Jr., Mary Sivore, and Robert Taylor

Mary Sivore:
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: monetary. You are required to make defense to such pleadings no later than November 2, 2014 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought. This, the 7th day of October, 2014.

Jonathan C. Parce
Counsel for TD Bank, NA
P.O. Box 608

Hendersonville, NC 28793

10/15, 22, 29

TD Bank v George Sivore, Jr.

NOTICE SERVICE
OF PROCESS
BY PUBLICATION

North Carolina,
Transylvania County

TD Bank, N.A. vs. George Sivore, Jr., Mary Sivore,  and Robert Taylor

George Sivore Jr.,:
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: monetary. You are required to make defense to such pleadings no later than November 2, 2014 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.  This, the 7th day of October, 2014.

Jonathan C. Parce
Counsel for TD Bank, NA
P.O. Box 608
Hendersonville, NC 28793

10/15, 22, 29

 

Stephens v Stephens

NOTICE OF SERVICE
OF PROCESS
BY PUBLICATION
North Carolina
Henderson County
In the General Court
of Justice
District Court Division
14.CVD.1611

Thomas C. Stephens, Plaintiff
v
Donna Hair Stephens
Defendant

To: Donna Hair Stephens, Defendant

Take notice that a pleading seeking relief against you has been filed in the above action. The nature of the relief being soght is as follows: Plaintiff is seeking judgement of absolute divorce.

You are required to make defense to such pleading no later than the 3rd day of November, 2014, which is 40 days from the first publication of this notice. Upon your failure to file a pleading by the above date, party seeking service against you will apply to the Court for the relief sought.

This the 24th day of
September, 2014.

Thomas C. Stephens

9/24, 10/1, 8, 15/2014