Legals - October 1, 2014

NOTICE OF SALE
NOTICE OF SALE CIVIL ACTION NO. 2013-CP-06-00237 BY VIRTUE of the decree heretofore granted in the case of: Bank of America, N.A. vs. Willeane Smith, the undersigned Special Referee for Barnwell County, South Carolina, will sell on October 6, 2014 at 11:00AM, at the Barnwell County Courthouse, City of Barnwell, State of South Carolina, to the highest bidder:
ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND, WITH ANY IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE CITY OF BARNWELL, BARNWELL SCHOOL DISTRICT, COUNTY OF BARNWELL, STATE OF SOUTH CAROLINA. SAID PROPERTY IS DESIGNATED AS LOT 5, BLOCK B, RICHARDSON PARK EXTENSION, AND IS SHOWN ON A PLAT PREPARED FOR TODD BLANKENSHIP AND CYNTHIA BLANKENSHIP BY W.J. WEBB, PLS, DATED NOVEMBER 29, 2006 AND RECORDED DECEMBER 19, 2006 IN PLAT CABINET B, SLIDE 47 AT PAGE 10-B, BARNWELL COUNTY RECORDS. THIS LOT CONTAINS 0.450 ACRE, MORE OR LESS, AND ACCORDING TO THE SAID PLAT WHICH IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE THERETO, IS BOUNDED, NOW OR FORMERLY, AS FOLLOWS: ON THE NORTH BY LANDS OF FIRST ASSEMBLY OF GOD CHURCH, MEASURING THEREON 158.50 FEET, MORE OR LESS; ON THE EAST BY LANDS OF CROFT (LOT 6), MEASURING THEREON 218.64 FEET, MORE OR LESS; ON THE SOUTH BY 50' RIGHT OF WAY OF MCDONALD DRIVE, MEASURING IN THE ARC 57.00 FEET, MORE OR LESS; AND ON THE WEST BY PROPERTY OF THE HEIRS OF RIDGEWAY (LOT 4), MEASURING THEREON 172.50 FEET, MORE OR LESS.
THIS BEING THE SAME PROPERTY CONVEYED TO WILLEANE SMITH BY DEED OF CYNTHIA W. BLANKENSHIP AND TODD E. BLANKENSHIP DATED OCTOBER 1, 2008 AND RECORDED OCTOBER 2, 2008 IN BOOK 858 AT PAGE 17, IN THE RECORDS FOR BARNWELL COUNTY, STATE OF SOUTH CAROLINA.
CURRENT ADDRESS OF PROPERTY: 61 McDonald Drive, Barnwell, SC 29812
TMS: 073-11-02-002
TERMS OF SALE: The successful bidder, other than the Plaintiff, will deposit with the Special Referee, at conclusion of the bidding, five percent (5%) of his bid, in cash or equivalent, as evidence of good faith, same to be applied to the purchase price in case of compliance, but to be forfeited and applied first to costs and then to the Plaintiff's debt in the case of non-compliance. Should the last and highest bidder fail to comply with the other terms of the bid within thirty (30) days, then the Special Referee may re-sell the property on the same terms and conditions on some subsequent Sales Day (at the risk of the said highest bidder). No personal or deficiency judgment being demanded, the bidding shall not remain open after the date of sale and shall be final on that date, and compliance with the bid may be made immediately. Purchaser to pay for documentary stamps on the Deed. The successful bidder will be required to pay interest on the amount of the balance of the bid from date of sale to date of compliance with the bid at the rate of 6.5% per annum. The sale shall be subject to taxes and assessments, existing easements and restrictions, easements and restrictions of record and any other senior encumbrances.
In the event an agent of Plaintiff does not appear at the time of sale, the within property shall be withdrawn from sale and sold at the next available sales date upon the terms and conditions as set forth in the Judgment of Foreclosure and Sale or such terms as may be set forth in a supplemental order.
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The Honorable James M. Harvey, Jr
Special Referee for Barnwell County
Brock & Scott, PLLC
3800 Fernandina Road, Suite 110
Columbia, SC 29210
Attorneys for Plaintiff
13-10953
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NOTICE TO CREDITORS OF ESTATE
All persons having claims against the following estate are required to deliver or mail their claims to the indicated Personal Representative, appointed to administer the estate, and to file their claims on Form #371PC with the Probate Court of Barnwell County, the address of which is Room 108, Barnwell County Courthouse, Barnwell, SC, on or before the date that is eight months after the date of the first publication of the published Notice to Creditors or within sixty days from the mailing or other delivery of this notice, whichever is later, (unless barred by operation of Section 62-3-803), or such persons shall be forever barred as to the claims. All claims are required to be presented in written statements, indicating the name and the address of the claimant, the basis of the claim, the amount claimed, the date when the claim will become due, the nature of any uncertainty as to the amount claimed and the date when due and a description of any security as to the claim.
Estate: Juanita F. Simmons
Case Number: 2014-ES-06-00150
Personal Representatives and addresses:
Virginia Geter
Address:
167 Grant St. Barnwell, SC 29812
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SPECIAL REFEREE
NOTICE OF SALE
BY VIRTUE of a decree heretofore granted in the case of First Citizens Bank and Trust Company, Inc. v. C. Raymond Ferguson, et. al. (Civil Action No.: 2013-CP-06-171), I, the undersigned, Special Referee for Barnwell County have ordered that the following property, which is the subject of the above action, be sold on October 6, 2014, at 11:00 a.m. at the Barnwell County Courthouse, 141 Main Street, Barnwell, South Carolina to the highest bidder:
All that certain piece, parcel or lot of land situate, lying and being in Barnwell, School District, County of Barnwell, State of South Carolina, containing 0.748 acre, more or less, as shown on a Plat prepared for R. Derek Pritchard and Cammy M. Pritchard by Joseph R. Piper, PLS, dated April 26, 1997 and recorded June 19, 1997 in Plat Cabinet A, Slide 233 at Page 1-A, Barnwell County records; and according to the said Plat, being bounded and measuring as follows: On the North by property now or formerly of AHM, Inc. and measuring thereon 195.36 feet, more or less; On the Northeast by property now or formerly of Kenneth J. Anderson and measuring thereon 75.79 feet, more or less; On the Southeast by 50' right of way of Canebrake Drive and measuring thereon on chord 244.33 feet, more or less; On the Southwest by intersection of Canebrake Drive and Lakewood Parkway and measuring thereon 22.00 feet, more or less; and On the West by 50 right of way of Lakewood Parkway and measuring thereon 153.96 feet, more or less.
Being the property conveyed to Raymond Ferguson and Lisa Ferguson by Deed of AHM, Inc., dated January 11, 2006 and recorded January 23, 2006 in Book 719 at Page 38 in the Office of the Clerk of Court for Barnwell County, South Carolina.
TMS # 091-10-00-031
Property Address: 280 Lakewood Parkway, Barnwell, SC 29812
SUBJECT TO ASSESSMENTS, BARNWELL COUNTY TAXES, EXISTING EASEMENTS AND RESTRICTIONS OF RECORD AND OTHER SENIOR ENCUMBRANCES.
TERMS OF SALE: The successful bidder, other than the Plaintiff, will deposit with the Special Referee at conclusion of the bidding, five percent (5%) of his bid, in cash or equivalent, as evidence of good faith, same to be applied to purchase price in case of compliance, but to be forfeited and applied first to costs and then to Plaintiff's debt in the case of non-compliance. Should the last and highest bidder fail or refuse to make the required deposit at time of bid or comply with the other terms of the bid within twenty (20) days, then the Special Referee may resell the property on the same terms and conditions on some subsequent Sales Day (at the risk of the said highest bidder). Personal Deficiency being demanded, the bidding will remain open for 30 days, but compliance with the bid may be made immediately. Purchaser to pay for documentary stamps on Deed. The successful bidder will be required to pay interest on the amount of the bid from the date of sale to date of compliance with the bid at the rate of 5.965% per annum. Plaintiff may waive any of its rights, including its rights to a deficiency judgment, prior to sale.
NELSON MULLINS RILEY & ____________
SCARBOROUGH, L.L.P. J. Martin Harvey
B. Keith Poston Special Referee for Barnwell County
P.O. Box 11070
Columbia, SC 29211
(803) 799-2000
Attorneys for Plaintiff
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STATE OF SOUTH CAROLINA
COUNTY OF BARNWELL IN THE COURT OF COMMON PLEAS
C/A NO.: 2014-CP-06-00160
Ocwen Loan Servicing, LLC,
Plaintiff,
vs.
Margie Ann B. Folk,
Defendant(s).
SUMMONS AND NOTICES
(Non-Jury)
FORECLOSURE
OF REAL ESTATE
MORTGAGE
TO THE DEFENDANT(S) ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this action, a copy of which is hereby served upon you, and to serve a copy of your Answer on the subscribers at their offices at 3800 Fernandina Road, Suite 110, Columbia, SC 29210, within thirty (30) days after the service hereof, exclusive of the day of such service; except that the United States of America, if named, shall have sixty (60) days to answer after the service hereof, exclusive of the day of such service; and if you fail to do so, judgment by default will be rendered against you for the relief demanded in the Complaint.
TO MINOR(S) OVER FOURTEEN YEARS OF AGE, AND/OR TO MINOR(S) UNDER FOURTEEN YEARS OF AGE AND THE PERSON WITH WHOM THE MINOR(S) RESIDES, AND/OR TO PERSONS UNDER SOME LEGAL DISABILITY:
YOU ARE FURTHER SUMMONED AND NOTIFIED to apply for the appointment of a guardian ad litem within thirty (30) days after the service of this Summons and Notice upon you. If you fail to do so, application for such appointment will be made by Attorney for Plaintiff.
YOU WILL ALSO TAKE NOTICE that Plaintiff will move for an Order of Reference or the Court may issue a general Order of Reference of this action to a Master-in-Equity/Special Referee, pursuant to Rule 53 of the South Carolina Rules of Civil Procedure.
YOU WILL ALSO TAKE NOTICE that under the provisions of S.C. Code Ann. § 29-3-100, effective June 16, 1993, any collateral assignment of rents contained in the referenced Mortgage is perfected and Attorney for Plaintiff hereby gives notice that all rents shall be payable directly to it by delivery to its undersigned attorneys from the date of default. In the alternative, Plaintiff will move before a judge of this Circuit on the 10th day after service hereof, or as soon thereafter as counsel may be heard, for an Order enforcing the assignment of rents, if any, and compelling payment of all rents covered by such assignment directly to the Plaintiff, which motion is to be based upon the original Note and Mortgage herein and the Complaint attached hereto.
NOTICE OF FILING COMPLAINT
TO THE DEFENDANTS ABOVE NAMED:
YOU WILL PLEASE TAKE NOTICE that the original Complaint, Cover Sheet for Civil Actions and Certificate of Exemption from ADR in the above entitled action was filed in the Office of the Clerk of Court for Barnwell County on April 16, 2014.
_______________
J. Martin Page, SC Bar No. 100200
Brock & Scott, PLLC
3800 Fernandina Road, Suite 110
Columbia, SC 29210
Phone 888-726-9953 Fax 866-676-7658
Attorneys for Plaintiff
Columbia, South Carolina
2014-168
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STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF BARNWELL DOCKET NO. 14-CP-06-0277
OneWest Bank N.A., Plaintiff, v. Any Heirs-at-Law or Devisees of Dora Barrett Trapp f/k/a Dora Lee Barrett, Deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons entitled to claim through them; all unknown persons with any right, title or interest in the real estate described herein; also any persons who may be in the military service of the United States of America, being a class designated as John Doe; and any unknown minors or persons under a disability being a class designated as Richard Roe; The United States of America acting by and through its agency the Department of Housing and Urban Development; GE Capital Retail Bank; Defendant(s). (012044-00307) SUMMONS Deficiency Judgment Waived TO THE DEFENDANT(S): Any unknown Heirs-at-Law or Devisees of Dora Barrett Trapp f/k/a Dora Lee Barrett, Deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons entitled to claim through them; all unknown persons with any right, title or interest in the real estate described herein; also any persons who may be in the military service of the United States of America, being a class designated as John Doe; and any unknown minors or persons under a disability being a class designated as Richard Roe YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this foreclosure action on property located at 596 Elko Street, Williston, South Carolina 29853, being designated in the County tax records as TMS# 047-07-05-003, of which a copy is herewith served upon you, and to serve a copy of your Answer on the subscribers at their offices, 220 Executive Center Drive, Suite 109, Post Office Box 100200, Columbia, South Carolina, 29202-3200, within thirty (30) days after the service hereof, exclusive of the day of such service; except that the United States of America, if named, shall have sixty (60) days to answer after the service hereof, exclusive of the day of such service; and if you fail to do so, judgment by default will be rendered against you for the relief demanded in the Complaint. TO MINOR(S) OVER FOURTEEN YEARS OF AGE AND/OR MINOR(S) UNDER FOURTEEN YEARS OF AGE AND THE PERSON WITH WHOM THE MINOR(S) RESIDES AND/OR TO PERSONS UNDER SOME LEGAL DISABILITY: YOU ARE FURTHER SUMMONED AND NOTIFIED to apply for the appointment of a Guardian Ad Litem within thirty (30) days after the service of this Summons upon you. If you fail to do so, Plaintiff will apply to have the appointment of the Guardian ad Litem Nisi, Warren R. Herndon, made absolute. Columbia, South Carolina August 29, 2014 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF BARNWELL DOCKET NO. OneWest Bank N.A., Plaintiff, v. Any Heirs-at-Law or Devisees of Dora Barrett Trapp f/k/a Dora Lee Barrett, Deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons entitled to claim through them; all unknown persons with any right, title or interest in the real estate described herein; also any persons who may be in the military service of the United States of America, being a class designated as John Doe; and any unknown minors or persons under a disability being a class designated as Richard Roe; The United States of America acting by and through its agency the Department of Housing and Urban Development; GE Capital Retail Bank; Defendant(s). (012044-00307) LIS PENDENS Deficiency Judgment Waived NOTICE IS HEREBY GIVEN THAT an action has been or will be commenced in this Court upon complaint of the above-named Plaintiff against the above-named Defendant(s) for the foreclosure of a certain mortgage of real estate given by Dora Barrett Trapp to Financial Freedom Senior Funding Corporation, A Subsidiary of Indymac Bank, F.S. B. dated June 10, 2008, and recorded in the Office of the Clerk Of Court for Barnwell County on July 15, 2008, in Mortgage Book 847 at Page 208. This Mortgage was subsequently assigned to Mortgage Electronic Registration Systems, Inc. ("MERS"), A Delaware Corporation, its Successors or Assigns, As Nominee for Financial Freedom Acquisition LLC (MIN#100854930001394561), by assignment dated September 25, 2009 and recorded October 6, 2009 in Book 899 at Page 183 The premises covered and affected by the said mortgage and by the foreclosure thereof were, at the time of the making thereof and at the time of the filing of this notice, described as follows: All that certain piece, parcel, and lot of land, situate, lying and being in the Town of Williston, Barnwell County, South Carolina, as shown on a plat of Jones Ray Subdivision prepared by J.J. Foy, said plat dated June 16, 1970, and recorded in the Office of the Clerk of Court of Barnwell County in Plat Book P at Page 22, said lot measuring and bounded as follows: On the North by Elko Street and measuring thereon Eighty-five and 02/100 (85.02) feet; on the South by an unnamed street, and measuring thereon Eighty-four (84) feet; on the East by Lot 2 as shown on said plat, and measuring thereon Ninety-six (96) feet, and on the West by Lot 4 as shown on said plat, and measuring thereon Ninety-seven (97) feet. This being the same property conveyed to Ben Thomas Barrett and Dora Lee Barrett by deed of T.J. Jowers, Jr. and Frank L. Smith, Jr., dated February 26, 1971 and recorded February 26, 1971 in Book 13-T at Page 21; subsequently, Ben Thomas Barrett conveyed his interest in the subject property to Dora Lee Barrett by deed dated June 23, 1973 and recorded June 26, 1973 in Book 14-E at Page 22; subsequently, Dora Lee Barrett conveyed the subject property to Dora Barrett Trapp by deed dated June 10, 2008 and recorded July 15, 2008 in Book 847 at Page 204 in the Office of the Clerk of Court for Barnwell County. Subsequently, Dora Barrett Trapp f/k/a Dora Lee Barrett died September 9, 2013, leaving the subject property to her heirs or devisees. Property Address: 596 Elko Street Williston, SC 29853 TMS# 047-07-05-003 Columbia, South Carolina July 29, 2014 NOTICE TO THE DEFENDANTS: Any unknown Heirs-at-Law or Devisees of Dora Barrett Trapp f/k/a Dora Lee Barrett, Deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons entitled to claim through them; all unknown persons with any right, title or interest in the real estate described herein; also any persons who may be in the military service of the United States of America, being a class designated as John Doe; and any unknown minors or persons under a disability being a class designated as Richard Roe YOU WILL PLEASE TAKE NOTICE that the Summons and Complaint, of which the foregoing is a copy of the Summons, were filed with the Clerk of Court for Barnwell County, South Carolina on July 30, 2014. Columbia, South Carolina August 29, 2014 NOTICE OF FORECLOSURE INTERVENTION PLEASE TAKE NOTICE THAT pursuant to the South Carolina Supreme Court Administrative Order 2011-05-02-01, you may have a right to Foreclosure Intervention. To be considered for any available Foreclosure Intervention, you may communicate with and otherwise deal with the Plaintiff through its law firm, Rogers Townsend and Thomas, PC. Rogers Townsend and Thomas, PC represents the Plaintiff in this action. Our law firm does not represent you. Under our ethical rules, we are prohibited from giving you any legal advice. You must submit any requests for Foreclosure Intervention consideration within 30 days from the date you are served with this Notice. IF YOU FAIL, REFUSE, OR VOLUNTARILY ELECT NOT TO PARTICIPATE IN FORECLOSURE INTERVENTION, THE FORECLOSURE ACTION MAY PROCEED. Columbia, South Carolina August 29, 2014 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF BARNWELL DOCKET NO. 14-CP-06-0277 OneWest Bank N.A., Plaintiff, v. Any Heirs-at-Law or Devisees of Dora Barrett Trapp f/k/a Dora Lee Barrett, Deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons entitled to claim through them; all unknown persons with any right, title or interest in the real estate described herein; also any persons who may be in the military service of the United States of America, being a class designated as John Doe; and any unknown minors or persons under a disability being a class designated as Richard Roe; The United States of America acting by and through its agency the Department of Housing and Urban Development; GE Capital Retail Bank; Defendant(s). (012044-00307) ORDER APPOINTING GUARDIAN AD LITEM NISI Deficiency Judgment Waived It appearing to the satisfaction of the Court, upon reading the Motion for the appointment of Warren R. Herndon as Guardian Ad Litem Nisi for any unknown minors and persons who may be under a disability, it is ORDERED that, pursuant to Rule 17, SCRCP, Warren R. Herndon, be and hereby is appointed Guardian Ad Litem Nisi on behalf of all unknown minors and all unknown persons under a disability, all of whom may have or may claim to have some interest in or claim to the real property commonly known as 596 Elko Street, Williston, South Carolina 29853; that Warren R. Herndon is empowered and directed to appear on behalf of and represent said Defendant(s), unless the said Defendant(s), or someone on their behalf, shall within thirty (30) days after service of a copy hereof as directed, procure the appointment of a Guardian or Guardians Ad Litem for the said Defendant(s), and it is FURTHER ORDERED that a copy of this Order shall forthwith be served upon the said Defendant(s) Any unknown Heirs-at-Law or Devisees of Dora Barrett Trapp f/k/a Dora Lee Barrett, Deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons entitled to claim through them; all unknown persons with any right, title or interest in the real estate described herein; also any persons who may be in the military service of the United States of America, being a class designated as John Doe; and any unknown minors or persons under a disability being a class designated as Richard Roe by publication thereof in the People Sentinel, a newspaper of general circulation in the County of Barnwell, State of South Carolina, once a week for three (3) consecutive weeks, together with the Summons in the above entitled action. Rhonda D. McElveen Clerk of Court for Barnwell County Barnwell, South Carolina 09/10/2014 Rogers Townsend and Thomas, PC ATTORNEYS FOR PLAINTIFF Robert P. Davis (SC Bar #74030) Vance L. Brabham, III (SC Bar #71250) Andrew W. Montgomery (SC Bar #79893) Andrew A. Powell (SC Bar #100210) J. Pamela Price (SC Bar # 014336) Laura R. Baer (SC Bar # 101076) H. Guyton Murrell (SC Bar # 064134) John J. Hearn (SC Bar # 6635) Kevin T. Brown (SC Bar # 064236) Ashley M. Wheeling-Goodson (SC Bar # 101423) 220 Executive Center Drive Post Office Box 100200 (29202) Columbia, SC 29210 (803) 744-4444 A-4486437 09/24/2014, 10/01/2014, 10/08/2014
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IN THE SUPERIOR COURT OF BULLOCH COUNTY
STATE OF GEORGIA
CLERK OF THE SUPERIOR COURT OF BULLOCH COUNTY, Petitioner, Civil Action File No. 2014-SU-CV-236T
v. ELMA Z. HAUPRICH, DEAN ZISSETT, WANDA Z. BRAGG, MAXINE Z. BRINKLEY, CHARLES E. ZISSETTE, LEON FARRELL ZISSETTE, DEBRA Z. MCCRAVEN, OTHER GRANDNIECES AND GRANDNEPHEWS OF CHARLES HENRY ZISSETT, AND LINEAL DESCENDANTS OF JOHN PAUL JONES, Respondents.
NOTICE OF INTERPLEADER
TO: RESPONDENTS AND POTENTIAL CLAIMANTS:
You are hereby notified that the Interpleader action was filed in said court on September 11th, 2014. This action concerns the rights of the lineal descendants of JOHN PAUL JONES, son of EUNICE MIKELL JONES, as well as the nieces and nephews of CHARLES HENRY ZISSETT, deceased, and their heirs.
ALL THOSE PERSONS constituting the lineal descendants of JOHN PAUL JONES, or the nieces and nephews of CHARLES HENRY ZISSETT, and their heirs, are hereby commanded and required to file their sworn claim, with such facts to support said claim, with the Clerk of the Superior Court of Bulloch County, whose address is 20 Siebald Street, Statesboro, Georgia, 30458, and serve the same upon Kathy L. Anderson, Petitioner's attorney, whose address is 26 North Main Street, Statesboro, Georgia, 30458, within sixty (60) days of the date of the order for service by publication.
Witness the Honorable JOHN R. TURNER, Judge of said court.
This the 17th day of September, 2014.
____________________
Clerk of Court
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CONDEMNATION NOTICE
IN THE COURT OF COMMON PLEAS, SECOND JUDICIAL CIRCUIT
STATE OF SOUTH CAROLINA
COUNTY OF BARNWELL
Case Number 2014-CP-06-312.
Road Route: Harvest Lane, Williston, South Carolina
Project: Barnwell County Paving Project
Barnwell County, Condemnor,
VS
Madella Dicks, Aaron Dicks, Willie Eva bush, Bertha Mae Corley, Carrie A. Devine, Barbara Dicks, Chester Alan Dicks, Patrick Dicks, Adrienne Dicks, Robert Dicks, Dorothy D. Burnley, Juron Dicks, Lillian L. Mccormick, AND ALL Any party claiming any interest in the property, LANDOWNER.
YOU WILL PLEASE TAKE NOTICE, that a Condemnation and Tender of Payment has been filed in the office of the Clerk of Court for Barnwell County. Pursuant to the South Carolina Eminent Domain Procedure Act, Section 28-2-10, et seq., Code of Laws of South Carolina, 1976, as amended you are hereby notified as follows: Barnwell County(hereinafter, "BC") is the Condemner herein and seeks to acquire real property described herein for public purposes.
The defendants: Madella Dicks, Et al, are named as Landowner(s) in this action by virtue of their potential claim(s) of the title (or other interests) as shown by that certain Deed from the Estate of Chester Dicks, Sr. dated December 18, 1992 and recorded January 8, 1993, in book 214 at Page 120, in the office of the Clerk of Court for Barnwell County, South Carolina. The following description of the real property subject to this action and a description of the interest sought to be acquired in and to the property by Condemnor: Easement rights of ways to a portion of that certain parcel or strip of land containing approximately 1.135 acres more or less, owned by Madella Dicks, Et al, tax map number: 047-14-00-002.
The condemner has determined just compensation for the property and rights to be acquired hereunder, to be the One Thousand Three Hundred Five Dollars ($1,305.00). Payment of this amount will be made to the Landowner(s) if within thirty (30) days of service of the Condemnation Notice, the Landowner(s) in writing requests payment on a pro rata basis, and agrees to execute any instruments necessary to convey to the Condemnor the property interest and rights described hereinabove. The Agreement and Request for Payment must be sent by first class certified mail with return receipt requested or delivered in person to Pickens Williams, Jr., Barnwell County Administrator, 57 Wall Street, County Administration Building, Barnwell, South Carolina 29812. If no Agreement and Request for Payment is received by the Condemnor within thirty (30) days the Tender is considered rejected.
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NOTICE OF PUBLIC FORECLOSURE SALE OF PERSONAL PROPERTY
NOTICE OF PUBLIC FORECLOSURE SALE OF PERSONAL PROPERTY Highwave Acquisition, LLC, successor in interest to Perkins Special Opportunity Fund, LP ("Secured Party") hereby gives notice that it will offer for sale, at a public foreclosure sale (the Public Sale") to be held on October 10, 2014 between 1:00 p.m. and 2:00 p.m. local Dallas, Texas time, the legal hours of sale, at the offices of Wright Ginsberg Brusilow, PC listed below, the property of Highwave Energy, Inc., a Delaware corporation, formerly known as Climax Global Energy, Inc. ("Debtor") in which Secured Party holds a security interest. All capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Uniform Commercial Code of the State of South Carolina ("Commercial Code"). Secured Party shall offer for sale at the above-referenced time and place the following types and items of property of Debtor (hereinafter collectively referred to as the "Property"):

(i) all Accounts; (ii) all Chattel Paper (whether Tangible Chattel Paper or Electronic Chattel Paper); (iii) all Documents; (iv) all General Intangibles (including payment intangibles, patents, trademarks, copyrights, service marks and Software); (v) all Goods (including Inventory, Equipment and Fixtures, including all Fixtures attached to real estate located at 444 Bradley Dr., Blackville, South Carolina 29817); (vi) all computer hardware and Software and all rights with respect thereto, including, any and all licenses, options, warranties, service contracts, program services, test rights, maintenance rights, support rights, improvement rights, renewal rights and indemnifications, and any substitutions, replacements, additions or model conversions of any of the foregoing; (vii) all Instruments; (viii) all Investment Property; (ix) all Deposit Accounts and all other bank accounts and all deposits therein; (x) all money, cash or cash equivalents of Debtor; (xi) all Supporting Obligations and Letter of Credit Rights of Debtor; (xii) all contract rights of Debtor; (xiii) all books, records, writings, data bases, information and other property relating to, used or useful in connection with, or evidencing, embodying, incorporating or referring to any of the foregoing; (xiv) any money, cash, cash equivalents or other income, or any other type of proceeds generated by the sale or other transfer of any real property of Borrower; and (xv) to the extent not otherwise included, all Proceeds, tort claims, insurance claims and other rights to payments not otherwise included in the foregoing and products of the foregoing and all accessions to, substitutions and replacements for, and rents and profits of, each of the foregoing.

Secured Party does not make any warranties or representations as to the existence, quantity, quality or nature of any of the foregoing types or items of Property or as to the transferability or assignability of any contracts, licenses or permits included within the categories and items of the Property. THE PROPERTY WILL BE SOLD AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT ANY WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED. THERE IS NO WARRANTY RELATING TO TITLE POSSESSION, QUIET ENJOYMENT, OR THE LIKE IN THIS DISPOSITION. Arrangements may be made to inspect the Property prior to the public sale by contacting Michael T. Tarski, Esq., an agent of Secured Party, at 14755 Preston Rd. Suite 600, Dallas, Texas 75254 telephone number 972-419-4742. This public sale is a sale pursuant to foreclosure upon Secured Party security interest in the Property and will be conducted in accordance with Section 9-610 of the South Carolina Uniform Commercial Code. The sale, if made, shall be to the highest and best bidder. All persons attending the sale will be given an opportunity to bid on a competitive basis. Secured Party may offer the Property for sale, and may sell the Property, as a unit or in parcels and by way of one or more contracts. Secured Party may adjourn and recommence the sale in its discretion within the legal hours for a public sale under the Commercial Code. Except as hereafter provided the purchase price shall be paid in cash or certified funds at closing, which will be at the conclusion of all bidding unless otherwise agreed by Secured Party at the time of sale. Secured Party reserves the right, in its discretion, to reject any and all bids and to submit a bid or bids for any or all of the Property. The Secured Party reserves the right to credit bid on any or all of the Collateral at the Public Sale. After receipt of bids for the Property in its entirety or a portion thereof, Secured Party in its discretion may solicit, receive and accept bids for each item of the Property. Highwave Acquisition, LLC, successor to Perkins Special Opportunity Fund, LP Secured Party c/o Michael T. Tarski, Esq, 14755 Preston Rd., Suite 600, Dallas, TX 75254 Telephone 972-419-4742.
2014-172
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