Legals

IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
MACON COUNTY
19sp161

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY GARY W. SCHMITT AND MAY L. SCHMITT DATED OCTOBER 17, 2008 AND RECORDED IN BOOK CRP Q-32 AT PAGE 330 AND REFORMED BY JUDGMENT RECORDED ON MAY 10, 2019 AT BOOK E-39, PAGE 1517 AND FURTHER REFORMED BY FINAL JUDGMENT RECORDED JULY 15, 2019 AT BOOK H-39, PAGE 1548 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 10:00AM on August 27, 2020 the following described real estate and any other improvements which may be situated thereon, in Macon County, North Carolina, and being more particularly described in that certain Deed of Trust executed Gary W. Schmitt and May L. Schmitt, dated October 17, 2008 to secure the original principal amount of $1,388,000.00, and recorded in Book CRP Q-32 at Page 330 of the Macon County Public Registry. The terms of the said Deed of Trust may be modified by other instruments appearing in the public record. Additional identifying information regarding the collateral property is below and is believed to be accurate, but no representation or warranty is intended.
Address of property:
322 Cheyenne Dr,
Highlands, NC 28741
Tax Parcel ID:7438972358/0541877 & 7438875116/0537896
Present Record Owners:Gary W. Schmitt and May L. Schmitt aka Adville May Schmitt
And Being more commonly known as: 322 Cheyenne Dr, Highlands, NC 28741
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Gary W. Schmitt and May L. Schmitt aka Adville May Schmitt.
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 July 6, 2020.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
18-101654
08/12/2020-08/19/2020#587215

CREDITOR'S NOTICE

Having qualified as Personal Representative of the Estate of Annie Ruth Shepherd, deceased, late of Macon County, North Carolina, this is to notify all persons having claim against the Estate of said deceased to exhibit them to the undersigned on or before the 13th day of November, 2020, or this Notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 12th day of August, 2020.
Dorothy Faye Dills a/k/aDorothy Shepherd Dills
Personal Representative
c/o Russell R. Bowling
Attorney at Law
77 West Main Street
Franklin, NC 28734
08/12/2020-09/02/2020#591782

NOTICE TO CREDITORS
AND DEBTORS OF
BRENDA M. FREEMAN A/K/A BRENDA MARGERY WHITCHURCH FREEMAN

All persons, firms and corporations having claims against BRENDA M. FREEMAN A/K/A BRENDA MARGERY WHITCHURCH FREEMAN, are notified to exhibit them to JILLIAN FREEMAN ASHWORTH, as Ancillary Administrator of the decedent's estate on or before November 26, 2020, c/o Kimberly R. Coward, Attorney at Law, P.O. Box 1918, Cashiers, NC 28717, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above-named Ancillary Administrator
08/12/2020-09/02/2020#592914

EXECUTOR'S NOTICE

Having qualified as Executor of the estate of Joyce Major Taylor, deceased, and owning property in 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 12th day of November, 2020 or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 12th day of August, 2020.

Ronald K. Taylor (Executor)
1950 Drummond Pond Road
Alpharetta, Ga. 30004
08/12/2020-09/02/2020#592619

PERSONAL REPRESENTATIVE'S NOTICE TO CREDITORS

Having qualified as Executor of the estate of Sue P. Kish, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the estate of said Susan P. Kish, deceased, to exhibit them to the undersigned on or before the 10th day of November, 2020, or this Notice will be pled in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 12th day of August, 2020.

Robin E. LeValley
Executor

Fred H. Jones, Attorney for the Estate
JONES, KEY, MELVIN & PATTON, P.A.
61 East Main
Franklin, North Carolina 28734
Telephone: (828) 524-4444
Facsimile: (828) 369-7343
08/12/2020-09/02/2020#592597

AMENDED NOTICE OF FORECLOSURE SALE
19 SP 85

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Keith H. Day a/k/a Keith Day, Heirs of Keith H. Day a/k/a Keith Day: Lloyd Keith Day a/k/a Lloyd K. Day, a/k/a Lloyd Day, Janet Marie Day Jackson a/k/a Janet Jackson, a/k/a Janet M. Jackson, a/k/a Janet Day Jackson, a/k/a Janet D. Jackson, a/k/a Janet Marie Jackson, Jane Lynne Thornburg a/k/a Jane L. Thornburg, a/k/a Jane Thornburg, Unknown Heirs of Keith H. Day; Heirs of Janet Marie Day Jackson a/k/a Janet Jackson, a/k/a Janet M. Jackson, a/k/a Janet Day Jackson, a/k/a Janet D. Jackson, a/k/a Janet Marie Jackson: Douglas K. Jackson a/k/a Douglas Jackson, Unknown Heirs of Janet Marie Day Jackson (PRESENT RECORD OWNER(S): Keith H. Day) to Gary V. Green, Trustee(s), dated March 5, 2007, and recorded in Book No. F-31, at Page 765 in Macon County Registry, North Carolina, default having been made in the payment of the promissory note 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 Macon 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 Franklin, Macon County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on August 20, 2020 and will sell to the highest bidder for cash the following real estate situated in Scaly Mountain in the County of Macon, North Carolina, and being more particularly described as follows:
Land situated in Macon County, North Carolina, to-wit:Beginning at a drill stool, said beginning corner being the beginning corner of the land described in the Deed from Hugh Kelly and wife, to Frank C. Harris and wife, dated 17 July, 1970, and recorded in the Office of the Register of Deeds for Macon County, North Carolina, in Deed Book N-8, Page 57; runs thence South 60 degrees 36 minutes West 17 feet to an iron rod; thence North 18 degrees West 90 feet to an iron rod; thence North 60 degrees 36 minutes East 17 feet to an iron rod thence North 18 degrees West 65.2 feet to a point in the center of an access road, said point being marked by an iron pipe set on the East margin of the road bearing South 83 degrees East at 3.7 feet; thence South 83 degrees East passing the iron pipe on the East margin of the road at 3.7 feet, whole distance 98.7 feet to an iron pipe; thence South 54 degrees 42 minutes East 49 feet to an iron pipe, thence South 40 degrees 30 minutes East 50.5 feet to an iron pipe; thence South 60 degrees 36 minutes West 140 feet to the point of beginning, being all of the land described in the Deed from Hugh Kelly and wife, to Frank C. Harris and wife, dated 17 July, 1970, and recorded in the Office of the Register of Deeds for Macon County, North Carolina, in Deed Book N-8, Page 57, and a portion of the land described as the second tract in the Deed from Hugh Kelly and wife, to Frank C. Harris and wife, dated 23, November 1964, and recorded in the Office of the Register of Deeds for Macon County, North Carolina, in Deed Book F-7, Page 177, and being described herein as surveyed by Charlie W. McDowell and as shown on his unrecorded Drawing No. L-559 dated 2-2-1972. Together with improvements located thereon; said property being located at 9464 Dillard Road, Scaly Mountain, North Carolina.Being the same property conveyed to Keith H. Day and wife, Evelyn M. Day by Deed from Frank C. Harris and wife, Hollis M. Harris recorded 08/09/1978 in Deed Book E-12, Page 3, in the Register of Deeds Office of Macon County, North Carolina. Tax ID # 06-00132
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in N.C.G.S. 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 N.C.G.S. 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 are expressly 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 its sole discretion, if it 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.
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
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Firm Case No: 1276360 - 10305
08/05/2020-08/12/2020#590558

IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
MACON COUNTY
20SP49

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MAURICE HENDRICKX DATED DECEMBER 19, 2011 AND RECORDED IN BOOK S-34 AT PAGE 1966 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 10:00AM on August 17, 2020 the following described real estate and any other improvements which may be situated thereon, in Macon County, North Carolina, and being more particularly described in that certain Deed of Trust executed Maurice Hendrickx, dated December 19, 2011 to secure the original principal amount of $130,500.00, and recorded in Book S-34 at Page 1966 of the Macon County Public Registry. The terms of the said Deed of Trust may be modified by other instruments appearing in the public record. Additional identifying information regarding the collateral property is below and is believed to be accurate, but no representation or warranty is intended.
Address of property: 75
Joshua Lane, Franklin, NC 28734
Tax Parcel ID:6578930170
Present Record Owners:Maurice Hendrickx
And Being more commonly known as: 75 Joshua Lane, Franklin, NC 28734
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Maurice Hendrickx.
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 July 27, 2020.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
20-110199
08/05/2020-08/12/2020#590933

EXECUTOR'S NOTICE

Having qualified as Executor of the estate of Allie Sue Price Keener, deceased, and owning property in 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 5th day of November, 2020 or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 5th day of August, 2020.

William Wade Keener (Executor)
1434 Dendy Orchard Road
Highlands, NC 28741
08/05/2020-08/26/2020#590533

CREDITOR'S NOTICE

Having qualified as the Administrator of the Estate of Dawn Michelle Head, 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 Administrator, 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 5th day of November, 2020, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.
Nancy Lata, Administrator
Estate of Dawn Michelle Lata
08/05/2020-08/26/2020#589789

NOTICE TO CREDITORS

Having qualified as the Administratrix of the Estate of Lyman Dale Morgan, 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 November 6, 2020, or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 5th day of August, 2020.

Jill Morgan Bell
Administratrix

Joseph M. Collins
Collins & Hensley, P.A.
Attorney for the Estate
217 Iotla Street
Franklin, North Carolina 28734
08/05/2020-08/26/2020#591271