Sorry, you need to enable JavaScript to visit this website.

Legals

Legals

Notice to Creditors of
Robert Franklin Ensley
Having qualified as Executrix of the Estate of Robert Franklin Ensley, deceased, late of Clay County, Hayesville, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned at the following address:
Melanie Ione Ensely
c/o Law Offices of
Merinda S. Woody, P.A.
PO Box 1519
Hayesville, NC 28904
Resident Process Agent for the Estate of Robert Franklin Ensley, on or before June 27, 2019, or this Notice will be pleaded in bar of their recovery.
All persons indebted to said decendent will please make immediate payment.
This the 25th day of March, 2019.
Melanie Ione Ensley,
Executrix of the Estate
of Robert Franklin Ensley,
deceased.
Law Offices of Merinda Swanson Woody, P.A.
Merinda S. Woody
Attorney for the Estate of Robert Franklin Ensley
PO Box 1519
Hayesville, NC 28904
(828) 389-0202.
cc-497231

Legals

STATE OF
NORTH CAROLINA
IN THE GENERAL COURT
COUNTY OF CLAY
SUPERIOR COURT
DIVISION FILE NO: 19-E-14
NOTICE TO CREDITORS OF: SHARON L. COLEMAN
Having qualified as Personal Representative of the Estate of Sharon L. Coleman, Deceased, late of Palm Harbor, State of Florida, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned at the following address:
James V. Parker, Jr.
c/o Parker Law Firm, PC
P.O. Box 1190
Hayesville, NC 28904
on or before June 30, 2019, or this Notice will be pleaded in bar of their recovery.
All persons indebted to said decedent will please make immediate payment.
This the 20th day of March, 2019
James V. Parker, Jr.
Personal Representative of the Estate of Sharon L. Coleman, Deceased
P.O. Box 1190
Hayesville, NC 28904
ccp-497174

Legals

STATE OF
NORTH CAROLINA
CLAY COUNTY
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NO: 19 CVD 19
RVFM SERIES 11, LLC and
GERALD P. SMITH, Plaintiff,
NOTICE OF SERVICE OF PROCESS
vs. BY PUBLICATION
RONALD C. JACKSON,
Defendant(s),
TO:
Ronald C. Jackson
Lot 9 Bear Cove
Hayesville, NC 28904
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:
1.That the Court enter an order reforming the First Quitclaim Deed to correct the Grantee name to Gerald P. Smith and as may otherwise be necessary to convey ownership of the Property to Gerald P. Smith as of February 22, 2017, and striking the Second Quitclaim Deed from the public records of Clay County;
2.That the Court quiet title to the Property by finding and declaring Gerald P. Smith to be the owner of the Property as of February 22, 2017; and
3.For such other and further relief as the Court, in the interest of justice, deems proper.
You are required to make defense to such pleading no later than May 20, 2019 and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.
This 27th day of March 2019.
Cara B. Williams
of SMITH DEBNAM
NARRON
DRAKE SAINTSING
& MYERS,LLP
NC State Bar No. 39159
PO Box 26268
Raleigh, N.C. 27611-6268
(919) 250-2000
This communication is from a debt collector. The purpose of this communication is to collect a debt.
Ccp-498729

Legals

NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT
DIVISION
CLAY COUNTY 19-E-28
In the Matter of the Estate of
MARY E. MCCUNE,
deceased
CREDITOR'S NOTICE
Having qualified as Executrix of the estate of Mary E. McCune, deceased, late of Clay, County, North Carolina, this is to notify all persons having claims against the estate of said decedent to exhibit them to the resident process agent for the undersigned at the following address:, P. O. Box 525, Hayesville, NC 28904, on or before the 12th day of July, 2019, or this notice will be pleaded in bar of their recovery.
All persons indebted to said decedent will please make immediate payment.
This the 22nd day of March, 2019.
Deborah L. Nichols, Executrix
DEBORAH L. NICHOLS,
Executrix
NICHOLS & NICHOLS, P.A.
Attorneys at Law
P. O. Box 525
Hayesville, NC 28904
ccp-498768

Legals

NOTICE TO CREDITORS
OF
FREDDIE DEAN NICHOLS
Having qualified as Executrix of the Estate of Freddie Dean Nichols, Deceased, late of Clay County, North Carolina, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned at the following address:
Jan N. King
PO Box 37
Cherry Log, Ga 30522,
on or before the 8th day of July, year 2019, or this Notice will be pleaded in bar of their recovery.
All persons indebted to said decedent will please make immediate payment.
This the 28th day of March, year 2019.
Jan N. King
of the Estate of
Freddie Dean Nichols.
Ccp-498795

Legals

NOTICE TO CREDITORS OF
DOUGLAS H. MOSS
Having qualified as Executrix of the Estate of Douglas H. Moss, Deceased, late of Clay County, State of North Carolina, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned at the following address:
Jeanne Padgett
194 Sweetwater Bend Road
Hayesville, NC 28904
on or before the 28th day of June, year 2019, or this Notice will be pleaded in bar of their recovery.
All persons indebted to said decedent will please make immediate payment.
This the 29th day of March, year 2019.
Jeanne Padgett
of the Estate
of Douglas H. Moss
ccp-498817

Legals

NOTICE TO CREDITORS
of Printess W. England Deceased, late of Clay County, State of North Carolina, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned at the following address:
William G. England
455 Ritter Road
Hayesville, NC 28904
on or before the 11th day of July, year 2019, or this Notice will be pleaded in bar of their recovery.
All persons indebted to said decedent will please make immediate payment.
This the 2nd day of April, year 2019.
William G. England,
of the Estate of
Printess W. England
ccp-499428

Legals

NOTICE OF SERVICE
OF PROCESS BY
PUBLICATION
STATE OF
NORTH
CAROLINA
CLAY COUNTY
IN THE DISTRICT COURT
File number 19-CVD-44
Complaint for Absolute
Divorce
Edward L. Heck, Jr plaintiff
vs
Laurel G. Crosser, defendant
Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sougnt is as follows:
FOR A DIVORCE TO BE GRANTED BETWEEN THE PARTIES STATED ABOVE.
You are required to make defense to such pleading not later than June 15, 2019 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This the 18th day of April, 2019.
Edward L. Heck, Jr.
4409 Hwy 64 West
Hayesville, NC 28904
ccp-501607

Legals

STATE OF
NORTH CAROLINA
IN THE GENERAL COURT
COUNTY OF CLAY
SUPERIOR COURT
DIVISION FILE NO: 18-E-88
NOTICE TO CREDITORS OF:
WAYNE ALLISON
Having qualified as Public Administrator of the Estate of Wayne Allison, Deceased, late of Clay County, State of North Carolina, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned at the following address:
James V. Parker, Jr.
c/o Parker Law Firm, PC
P.O. Box 1190
Hayesville, NC 28904
on or before June 30, 2019, or this Notice will be pleaded in bar of their recovery.
All persons indebted to said decedent will please make immediate payment.
This the 15th day of April, 2019
James V. Parker, Jr.
Public Administrator of the Estate of Wayne Allison,
Deceased
P.O. Box 1190
Hayesville, NC 28904
ccp-502298

Legals

NOTICE OF
FORECLOSURE SALE
19 SP 9
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Henry Prine and Jacqueline Prine (PRESENT
RECORD OWNER(S):
Henry A. Prine, Jr. and Jacqueline H. Prine,
Trustees, or their successors in trust, under the Prine Family Living Trust, dated March 9, 2006 to William Echols, Trustee(s), dated the 19th day of January, 2005, and recorded in Book DT E8, Page 14, in Clay 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 Clay 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 Hayesville, Clay County, North Carolina, or the customary location designated for foreclosure sales, at 2:00 PM on May 2, 2019 and will sell to the highest bidder for cash the following real estate situated in the Township of Brasstown, in the County of Clay, North Carolina, and being more particularly described as follows:
In Brasstown Township, Clay County, North Carolina being Lot 5, containing 1.01 acres more or less, and Lot 6, containing 0.77 acres, more or less, Sunset Hills Subdivision, as more particularly shown and set forth on a plat of survey recorded in Plat Cabinet 3 Slide 531, by Jeffrey B. Weatherly, P.L.S. dated May 19, 1998, Clay County, North Carolina Registry. Reference to said recorded plat being made hereto for incorporation herein of a more particular description. Together with improvements located thereon; said property being located at 111 Bobcat Lane, Warne, North Carolina.
THIS CONVEYANCE IS MADE TOGETHER WITH AND SUBJECT TO that certain declaration of restrictions. conditions, easements, covenants, agreements, liens and charges of Sunset Hills Subdivision dated August 11, 1998, and recorded in Deed Book 211, Page 84, Clay County, North Carolina Registry, and as amended in Deed Book 214, Page 164, Clay County, North Carolina Registry.
SUBJECT TO the right of way for old Highway 64.
For source of title, reference is made to Deed Book 209, Page 121, Clay County, North Carolina Registry.
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
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No: 1264454 (FC.FAY)
ccp-5000084

Clay County Progress

Mailing Address: PO Box 483, Hayesville, NC 28904
Physical Address: 43 Main Street, Hayesville, NC 28904
Phone: 828-389-8431
Fax: 828-389-9997