Legals - February 23, 2011

______________________________
NOTICE TO CREDITORS
OF ESTATE
All persons having claims against the following estate are required to deliver or mail their claim to the indicated Personal Representative appointed to administer the estate, and to file Claim Form #371PC with the Barnwell County Probate Court at Room 108, Barnwell County Courthouse, Barnwell, SC  29812, on or before the date that is eight (8) months after the date of the first publication of the published Notice to Creditors or within sixty (60) 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 claim.
All claims are required to be presented in writing indicating the name and address of the claimant, the basis of the claim, the amount claimed, the date when the amount claimed became or 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:  
Rozena Wiggins
Case Number:
2011 ES 06 00013
Personal Representatives:
Timothy A. Wiggins
Address:  
P. O. Box 241
Barnwell, SC 29812
2011-026
3tc 02-23-11
_____________________________
NOTICE TO CREDITORS
OF ESTATE
All persons having claims against the following estate are required to deliver or mail their claim to the indicated Personal Representative appointed to administer the estate, and to file Claim Form #371PC with the Barnwell County Probate Court at Room 108, Barnwell County Courthouse, Barnwell, SC  29812, on or before the date that is eight (8) months after the date of the first publication of the published Notice to Creditors or within sixty (60) 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 claim.
All claims are required to be presented in writing indicating the name and address of the claimant, the basis of the claim, the amount claimed, the date when the amount claimed became or 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:  
Edgar T. Brown Sr.
Case Number:
2003 ES 06 00078-2
Personal Representatives:
Annette Trottie Felder
Address:  
154 McDonough St.
Barnwell, SC 29812
2011-027
3tc 02-23-11
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SUMMONS AND NOTICE
IN THE COURT OF COMMON PLEAS
NON-JURY MORTGAGE
FORECLOSURE
C/A NO: 2009-CP-06-128
DEFICIENCY REQUESTED
STATE OF SOUTH CAROLINA
COUNTY OF BARNWELL
Regions Bank s/b/m Union Planters Bank dba Regions Mortgage    PLAINTIFF,
vs.
Anderson Chisolm  and if Anderson  Chisolm be deceased then  and any children and heirs at law, distributees and devisees and if any of the same be dead any and all persons entitled to claim under or through them also all other persons unknown claiming any right, title, interest or lien upon the real estate described in the amended complaint herein; Any unknown adults being a class designated as John Doe, and any unknown infants or persons under disability or in the military service being a class designated as Richard Roe,    DEFENDANT(S).
F29-03279
TO THE DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this action, of which a copy is herewith served upon you, and to serve a copy of you Answer on the subscribers at his office, 1514 Pickens Street, P.O. Box 11264, Columbia, SC 29211, 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.
YOU WILL ALSO TAKE NOTICE that should you fail to answer the foregoing Summons, the Plaintiff will move for an Order of Reference to the Special Referee for Barnwell County, which Order shall, pursuant to Rule 53(e) of the South Carolina Rules of Civil Procedure, specifically provide that the said Special Referee is authorized and empowered to enter a final judgment in this cause.
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 that Plaintiff has applied for the appointment of a Guardian ad Litem Nisi to represent said Minor(s). If you fail to apply for the appointment of a Guardian ad Litem within Thirty (30) days after the service of this Summons and Notice upon you, the Plaintiff’s appointment will be made absolute with no further action from the Plaintiff.
TO UNKNOWN OR KNOWN DEFENDANTS THAT MAY BE IN THE MILITARY SERVICE OF THE UNITED STATES OF AMERICA:
YOU ARE FURTHERED SUMMONED and notified that Plaintiff’s attorney has applied for the appointment of an attorney to represent you. If you fail to apply for the appointment of an attorney to represent you within Thirty (30) days after the service of this Summons and Notice upon you Plaintiff’s appointment will be made absolute with no further action from Plaintiff.
MEREDITH S. LEE
Attorneys for Plaintiff
Korn Law Firm, P.A.
P.O. Box 11264
Columbia, SC 29211-1264
 NOTICE
TO THE DEFENDANTS ABOVE NAMED:
YOU WILL PLEASE TAKE NOTICE that the foregoing Summons, along with the Complaint, was filed with the Clerk of Court for Barnwell County, SC, on 6/1/2009.
NOTICE OF PENDENCY OF ACTION
NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending 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 Anderson Chisolm to Regions Bank s/b/m Union Planters Bank dba Regions Mortgage dated June 22, 2005, and recorded in the Clerk of Court Office for Barnwell County on June 23, 2005, in Book 692at Page 240.
The premises covered and affected by 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:

LEGAL DESCRIPTION
AND PROPERTY ADDRESS:
All that certain piece, parcel or lot of land, with all improvements thereon, situate, lying and being in Barnwell School District, City of Barnwell, County of Barnwell, State of South Carolina, located in the subdivision known as Barnwell Heights and designated as Lot No. 9 on a plat prepared by J. J. Foy, R.L.S., dated July 19, 1974, and recorded in Plat Book O, at Page 349, of the records of Barnwell County, and, according to said plat, being more particularly described, in the aggregate, as follows:
Beginning at a point on the western side of Camellia Street, as shown on said plat, and running South 48 degrees 37 minutes East for a distance of 90 feet to a point; thence South 41 degrees 23 minutes West for a distance of 150 feet to a point; thence North 48 degrees 37 minutes West for a distance of 90 feet to a point; thence North 41 degrees 23 minutes East for a distance of 150 feet to the point of beginning.
This being the same property conveyed to Anderson Chisolm by deed of Mollie S. Hogg, now known as Mollie S. Cheek, dated June 22, 2005 and recorded June 23, 2005 in the Clerk of Courts Office for Barnwell County, South Carolina in Book 692 at Page 235
1918 Camelia St.
Barnwell, SC 29812
TMS # 073-03-02-019
MEREDITH S. LEE
Attorneys for Plaintiff
Korn Law Firm, P.A.
P.O. Box 11264
Columbia, SC 29211-1264
2011-028
3tc 02-23-11
_____________________________
NOTICE TO CREDITORS
OF ESTATE
All persons having claims against the following estate are required to deliver or mail their claim to the indicated Personal Representative appointed to administer the estate, and to file Claim Form #371PC with the Barnwell County Probate Court at Room 108, Barnwell County Courthouse, Barnwell, SC  29812, on or before the date that is eight (8) months after the date of the first publication of the published Notice to Creditors or within sixty (60) 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 claim.
All claims are required to be presented in writing indicating the name and address of the claimant, the basis of the claim, the amount claimed, the date when the amount claimed became or 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:  
Sheddrick Carter
Case Number:
2011 ES 06 00012
Personal Representatives:
Mandy M. Carter
Address:  
130 Cypress Drive
West Palm Beach, Fla. 33403
Attorney, if applicable:
George Johnson
Address:
P. O. Box 1431
Columbia, SC 29202
2011-030
3tp 03-02-11
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AMENDED NOTICE OF SALE
2010-CP-03-00022
BY VIRTUE of a decree heretofore granted in the case of: CitiMortgage, Inc. against Melvin Devoe, Betty Devoe and The United States of America, acting by and through its agency, The Farmers Home Administration, United States Department of Agriculture, I, the undersigned Master in Equity  for Allendale County, will sell on March 7, 2011, at 11:00AM, at County Courthouse in Allendale, South Carolina  to the highest bidder, the following described property, to-wit:
All that certain piece, parcel or lot of land, with building and improvements thereon, situate, lying and being Northwest of the Town of Allendale in the County of Allendale, State of South Carolina, said lot is the same lot shown and delineated as the “Garvin” Lot on a plat of property of Isabelle C. Patterson made by Joe P. Miley, Reg. C.E. L.S. Dated the 4th day of September, 1962, and recorded the 28th day of September, 1962 in the Office of the Clerk of Court for Allendale County in Plat Book 6 at Page 120.  Said lot is bounded now or formerly as follows: To-wit: On the North by Jennings Street, measuring thereon one hundred five (105’) feet; on the East by land now or formerly of Mrs. Isabelle C. Patterson measuring thereon one hundred five (105’) feet; on the South by lands now or formerly of Mrs. Isabelle C. Patterson, measuring thereon one hundred five (105’) feet; and on the West by lands, now or formerly of Mrs. Isabelle C. Patterson measuring one hundred five (105’) feet.  Being that parcel of land conveyed to Melvin Devoe and Betty Devoe, joint tenants with right of survivorship from The United States of America, Acting through the Farmers Home Administration, United States Department of Agriculture by that deed dated September 20, 1985 in Deed Book 74 at Page 227 of the Allendale County, SC Public Registry.  
TMS No. 104-01-02-013 Property Address: 275 Jennings Street, Allendale, SC 29810
 TERMS OF SALE:  The successful bidder, other than the plaintiff, will deposit with the Master in Equity, at conclusion of the bidding, five per cent (5%) of said 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 noncompliance. Should the successful 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 Master in Equity may resell the property on the same terms and conditions (at the risk of the said defaulting bidder). Should the Plaintiff, or one of its representatives, fail to be present at the time of sale, the property is automatically withdrawn from said sale and sold at the next available sales day upon the terms and conditions as set forth in the Judgment of Foreclosure and Sale or any Supplemental Order. The successful bidder will be required to pay for documentary stamps on the Deed and interest on the amount of the bid from the date of sale to the date of compliance with the bid at the rate of 11.2300%.  
THIS SALE IS SUBJECT TO ASSESSMENTS, COUNTY TAXES, EXISTING EASEMENTS, EASEMENTS AND RESTRICTIONS OF RECORD, AND OTHER SENIOR ENCUMBRANCES. The Sale is made subject to the Right of Redemption of the United States of America, pursuant to Section 2410(c), U.S. Code, for a period of 120 days from date of sale.  No personal or deficiency judgment being demanded, the bidding will not remain open after the date of sale, but compliance with the bid may be made immediately.  NOTICE: The foreclosure deed is not a warranty deed.  Interested bidders should satisfy themselves as to the quality of title to be conveyed by obtaining an independent title search well before the foreclosure sale date. Walter H. Sanders, Jr., Master in Equity Allendale County, Riley, Pope & Laney, LLC, Post Office Box 11412, Columbia, SC 29211 (803) 799-9993 Attorneys for Plaintiff 798944 2/16, 2/23, 03/02/2011
2011-031
3tc 03-02-11
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SUMMONS AND NOTICES
IN THE COURT OF COMMON PLEAS
C/A NO: 11-CP-03-0010
(NON-JURY
MORTGAGE FORECLOSURE)
STATE OF SOUTH CAROLINA
COUNTY OF ALLENDALE
Wells Fargo Bank, N.A. successor by merger to Wells Fargo Financial Bank,    PLAINTIFF,
vs.
Arnold Simmons; Bank of America, N.A.; Tina Padgett; and Jimmy Padgett,    DEFENDANT(S).
TO THE DEFENDANTS ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Amended Complaint herein, a copy of which is herewith served upon you, or to otherwise appear and defend, and to serve a copy of your Answer to said Complaint upon the subscribers at their office, 3955 Faber Place, Suite 200, P.O. Box 71727, North Charleston, South Carolina, 29415, or to otherwise appear and defend the action pursuant to applicable court rules, within thirty (30) days after 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 such service; and if you fail to answer the Complaint or otherwise appear and defend within the time aforesaid, the Plaintiff in this action will apply to the Court for relief demanded therein, and 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) RESIDE(S) 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 the Plaintiff.
YOU WILL ALSO TAKE NOTICE that pursuant to Rule 53(b) SCRCP, as amended effective September 1, 2002, the Plaintiff will move for a general Order of Reference to the Master in Equity for Allendale County, which Order shall, pursuant to Rule 53(b) of the South Carolina Rules of Civil Procedure, specifically provide that the said Master in Equity is authorized and empowered to enter a final judgment in this action.  If there are counterclaims requiring a jury trial, any party may file a demand under rule 38, SCRCP and the case will be returned to the Circuit Court.
NOTICE OF FILING AMENDED COMPLAINT
NOTICE IS HEREBY GIVEN that the original Amended Complaint in the above entitled action, together with the Summons, was filed in the Office of the Clerk of Court for Allendale County on February 2, 2011 at 2:58 p.m.
AMENDED LIS PENDENS
NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending in this court upon Complaint of the above-named Plaintiff against the above-named Defendants for foreclosure of a certain mortgage of real estate given by Arnold Simmons to Wells Fargo Financial Bank, in the amount of $not to exceed $52,000.00 dated January 29, 2007, and recorded in the Office of the Clerk of Court for Allendale County in Book 173 at Page 107 on February 12, 2007.
The premises covered and affected by the said mortgage as 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 or lot of land, situate, lying and being in the Town of Allendale, County of Allendale, State of South Carolina, and being shown and designated as Lot No. Sixteen (16) in Block B, on map of Sherwood Forest Subdivision made for Shirley S. Moody by Joe P. Miley, Reg. C.E., L.S. dated the 5th day of November, 1971, and of record in the Office of the Clerk of Court for Allendale County in Plat Book 12 at Page 102. Reference is made to said plat for a more complete and accurate description, such description being made in lieu of metes and bounds pursuant to §30-5-250 of the S.C. Code (1976 as amended).
TMS#: 088-08-02-009
Property Address: 401 Sherwood St, Allendale, SC
FINKEL LAW FIRM LLC
THOMAS A. SHOOK
Post Office Box 71727
North Charleston, South Carolina 29415
(843) 577-5460
Attorney for Plaintiff
2011-034
3tc 03-02-11
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NOTICE OF APPLICATION
Notice is hereby given that Janice H. Livingston intends to apply to the South Carolina Department of Revenue for a license/permit that will allow the sale and on premises consumption of beer and wine at 79 Davis Street, Blackville, SC 29817.
To object to the issuance of this permit/license, written protest must be postmarked no later than March 4, 2011.
For a protest to be valid, it must be in writing, and should include the following information:
(1) the name, address and telephone number of the person filing the protest;
(2) the specific reasons why the application should be denied;
(3) that the person protesting is willing to attend a hearing (if one is requested by the applicant);
(4) that the person protesting resides in the same county where the proposed place of business is located or within five miles of the business; and,
(5) the name of the applicant and the address of the premises to be licensed.
Protests must be mailed to: S. C. Department of Revenue, ABL SECTION, P. O. Box 125, Columbia, SC 29214-0907; or faxed to: (803) 898-5899.
2011-035
3tc 03-02-11
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NOTICE OF SALE
BY VIRTUE of a decree heretofore granted in the case of: Nationstar Mortgage, LLC vs. Rosalind T. Hammond; C/A No. 10-CP-06-0348, The following property will be sold on March 7, 2011, at 11:00 AM at the Barnwell County Courthouse to the highest bidder:
All that certain irregular shaped lot of land, with improvements thereon, situate in the City of Barnwell, Barnwell School District, County of Barnwell, State of South Carolina, being fully shown and delineated on a plat for Linda Soloman by R.J. Parler, RLS, dated November 1, 1984, and recorded in Plat Cabinet A, Slide 95, in the Office of the Clerk of Court for Barnwell County. Said lot is bounded and measures as follows: North by South Carolina Road Number S-6-246, known as Camelia Street, and measuring thereon in the chord of the arc 85.0 feet; East by a proposed extension of Canna Street and measuring thereon 112.0 feet; South by lands of Kathryn Lemon Clark and measuring thereon 127.0 feet; and West by lands of Kathryn Lemon Clark and measuring thereon 150.0 feet. Said Lot is shown and delineated as Lot No. 1 in Block E on the original subdivision plat for Barnwell Heights.
Derivation: Book 825 at Page 78. 89 Camelia St, Barnwell, SC 29812 073-03-02-028
SUBJECT TO ASSESSMENTS, BARNWELL AD VALOREM TAXES, EASEMENTS AND/OR, RESTRICTIONS OF RECORD, AND OTHER SENIOR ENCUMBRANCES.
TERMS OF SALE: A 5% cash deposit is required. The deposit will be applied towards the purchase price unless the bidder defaults, in which case the deposit will be forfeited. If the successful bidder fails, or refuses, to make the required deposit on the day of sale or fails or refuses to comply with the bid within 30 days, then the property will be resold at the bidder’s risk. Personal or deficiency judgment having been demanded or reserved, the sale will remain open for thirty (30) days pursuant to S.C. Code Ann. §15-39-720 (1976). The Plaintiff may waive any of its rights, including its right to a personal or deficiency judgment, at any time prior to the foreclosure sale. The successful bidder will be required to pay interest on the amount of the bid from date of sale to date of compliance with the bid at the rate of 8% per annum. For complete terms of sale, see Judgment of Foreclosure and Sale filed with the Barnwell County Clerk of Court at C/A #10-CP-06-0348. NOTICE: The foreclosure deed is not a warranty deed. Interested bidders should satisfy themselves as to the quality of title to be conveyed by obtaining an independent title search prior to the foreclosure sale date. J. Martin Harvey, Jr. Special Referee for Barnwell County 013225-00986 Samuel C. Waters, Esq. Attorney for Plaintiff P.O. Box 100200 Columbia, SC 29202-3200 (803) 744-4444 Website: www.rtt-law.com (see link to Resources/Foreclosure Sales)
2011-036
3tc 03-02-11
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NOTICE OF SALE
BY VIRTUE of a decree heretofore granted in the case of: EverBank vs. Demetrius Preston; Mildred Brown; 1st Franklin Financial; The United States of America acting by and through its agency the Department of Housing and Urban Development; C/A No. 10-CP-06-0338, The following property will be sold on March 7, 2011, at 11:00 AM at the Barnwell County Courthouse to the highest bidder:
All that certain piece, parcel or lot of land situate, lying and being in the County of Barnwell, State of South Carolina, Blackville-Hilda School District, and containing 1.339 Acres as will be more particularly shown on a plat prepared for Demetrius Preston and Mildred Brown by W.J. Webb, P.L.S., dated February 22, 2006, and recorded in the Office of the Clerk of Court for Barnwell County in Plat Cabinet B, Slide 42, Pages 6-A. Said property having the following boundaries and measurements to wit: On the Northeast by right-of-way of Buffalo Lane and measuring thereon Two Hundred Sixty-Two and 34/100 (262.34’) feet, more or less; On the Southeast by lands now or formerly of Brandon Reed and Mary G. Johnson, et al. and measuring thereon in the aggregate Tow Hundred Twenty-Five and 18/100 (225.18’) feet, more or less; On the Southwest by lands now or formerly of Jimmie Dean Harrison and measuring thereon Two Hundred Nine and 11/100 (209.00’) feet, more or less; and the West by right-of-way of Road S-126 and measuring thereon Two Hundred Seventy-Five and 22/100 (275.22’) feet, more or less. All of which will be more particularly shown on said plat referenced herein above.
This also includes a mobile/manufactured home: 2005 Southern VIN#: DSDAL43189A/B
Derivation: Book 742 at Page 293. 1372 Sunshine Rd, Blackville, SC 29817 137-00-00-066
SUBJECT TO ASSESSMENTS, BARNWELL AD VALOREM TAXES, EASEMENTS AND/OR, RESTRICTIONS OF RECORD, AND OTHER SENIOR ENCUMBRANCES.
TERMS OF SALE: A 5% cash deposit is required. The deposit will be applied towards the purchase price unless the bidder defaults, in which case the deposit will be forfeited. If the successful bidder fails, or refuses, to make the required deposit on the day of sale or fails or refuses to comply with the bid within 30 days, then the property will be resold at the bidder’s risk. No personal or deficiency judgment being demanded, the bidding will not remain open after the date of sale, but compliance with the bid may be made immediately. The successful bidder will be required to pay interest on the amount of the bid from date of sale to date of compliance with the bid at the rate of 5.5% per annum. For complete terms of sale, see Judgment of Foreclosure and Sale filed with the Barnwell County Clerk of Court at C/A #10-CP-06-0338. NOTICE: The foreclosure deed is not a warranty deed. Interested bidders should satisfy themselves as to the quality of title to be conveyed by obtaining an independent title search prior to the foreclosure sale date. J. Martin Harvey, Jr. Special Referee for Barnwell County 006735-01123 Samuel C. Waters, Esq. Attorney for Plaintiff P.O. Box 100200 Columbia, SC 29202-3200 (803) 744-4444 Website: www.rtt-law.com (see link to Resources/Foreclosure Sales)
2011-037
3tc 03-02-11
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NOTICE TO CREDITORS
OF ESTATE
All persons having claims against the following estate are required to deliver or mail their claim to the indicated Personal Representative appointed to administer the estate, and to file Claim Form #371PC with the Barnwell County Probate Court at Room 108, Barnwell County Courthouse, Barnwell, SC  29812, on or before the date that is eight (8) months after the date of the first publication of the published Notice to Creditors or within sixty (60) 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 claim.
All claims are required to be presented in writing indicating the name and address of the claimant, the basis of the claim, the amount claimed, the date when the amount claimed became or 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:  
Jeannette P. Richardson
Case Number:
2011 ES 06 00017
Personal Representatives:
Jeannette R. Price
Address:  
479 Pringle Drive
Sumter, SC 29150
2011-038
3tp 03-02-11
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NOTICE OF SALE
IN THE COURT OF COMMON PLEAS
C/A NO: 2010-CP-06-127
STATE OF SOUTH CAROLINA
COUNTY OF  BARNWELL
United States Department of Agriculture-Rural Development,
Plaintiff,
vs.
Michele Rivera and 1st Franklin Financial Corporation a/k/a 1st Franklin Finance,
Defendants.
By virtue of the Decree of the Court of Common Pleas for Barnwell County, heretofore granted in the case of  United States Department of Agriculture-Rural Development versus Michele Rivera and 1st Franklin Financial Corporation a/k/a 1st Franklin Finance,  Civil Action Number: 2010-CP-06-127:
I, the undersigned Special Referee for Barnwell County will sell on March  7,  2011 at 11:00 a.m. at the Barnwell County Courthouse, 141 Main Street, Barnwell, South Carolina to the highest bidder the following described property to wit:
All that certain lot of Land, with improvements thereon, situate in Barnwell School District, City of Barnwell, County of Barnwell, State of South Carolina, being more particularly shown and designated on a plat prepared by J. J. Foy, RLS, dated January 7, 1987, to be recorded and a made a part of this description by reference therein and accounting to said plat, having the following metes and bounds to-wit: Beginning at a point situate in the East side of Brown Street in the Northwestern corner of said lot and running thence North 77 degrees, 36 minutes, 11 seconds East for a Distance of 147.71 feet to a point; Thence South 12 degrees 57 minutes 51 seconds East for a distance of 150 feet to a point; then South 77 degrees 36 minutes 47 seconds; West for a distance of 146.08 feet to a point; Thence North 13 degrees 35 minutes 25 seconds West for a distance of 150 feet to the point of beginning.  Said property is bounded now or formerly as follows: on the North by Ingram; on the East by Colonial Heights Subdivision; on the South by Colonial Heights Subdivision; and on the West by Brown Street.  
Tax Map Number: 091-04-03-015
The current address of the property is 215 Brown Street, Barnwell, SC 29812
TERMS OF SALE:    For cash, the successful bidder, other than the Plaintiff, will deposit with the Special Referee at the conclusion of the bidding, Five and No/100 (5.00%) Percent of the amount of the bid (in cash or equivalent), as evidence of good faith, the same to be applied on the purchase price in case of compliance, but to be forfeited and applied first to the cost and then to the Plaintiff=s debt in case of noncompliance.  Should the first and highest bidder fail or refuse to make the required deposit at the time of the bid or comply with the other terms of the bid within twenty (20) days, then the Special Referee may re-sell the property on the same terms and conditions on some subsequent sales date (at the risk of the former highest bidder).  Purchaser to pay for deed preparation, deed stamps, and the cost of recording the deed.
The successful bidder will be required to pay interest on the amount of the bid from the date of sale through the day of compliance at the rate of 5.75 percent.
Since no deficiency Judgment is demanded the bidding will not remain open after the sales date set forth herein.
The sale shall be subject to taxes and assessments, existing easements and restrictions and easements and restrictions of record, and any senior encumbrances.
Thomas M. Boulware
Special Referee
January 15, 2011
Barnwell, South Carolina
PLAINTIFF=S ATTORNEY:
W. Joseph Moore, Jr., Esq.
COOPER & MOORE, P.A.
1416 Laurel St.
P.O. Box 11869
Columbia, SC 29211-1869
(803) 779-3939
2011-039
3tc 03-02-11
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NOTICE OF SALE
BY VIRTUE of a decree heretofore granted in the case of: HSBC Mortgage Services, Inc. vs. Mecca Holman a/k/a Mecca Madenna Mays; Bernard Holman, Jr.; Castle Credit Corporation; , C/A No. 10-CP-06-0063,
The following property will be sold on March 7, 2011, at 11:00 AM at the Barnwell County Courthouse to the highest bidder All that certain lot of land, situate, lying and being in the Blackville School District, County of Barnwell, State of South Carolina, containing 1.00 acre and designated as Tract 1 as shown on plat prepared for Bernard Holman, Jr., by W.J. Webb, PLS, dated June 3, 2004 and recorded June 16, 2004 in Plat Cabinet B, Slide 17 at Page 8-A, in the records of the Clerk of Court for Barnwell County, which plat is incorporated into this legal description by reference thereto as if set forth herein and according to said plat. Also: All that certain lot of land, situate, lying and being in the Blackville School District, County of Barnwell, State of South Carolina, containing 1.00 acre and designated as Tract 2 as shown on plat prepared for Bernard Holman, Jr. by W.J. Webb, PLS, dated June 3, 2004 and recorded June 16, 2004 in Plat Cabinet B, Slide 17 at Page 8-A in the records of the Clerk of Court for Barnwell County. And as shown on a deed dated July 12, 2004 and recorded July 15, 2004 in Liber 651 at Page 307. Derivation: Book 687 at Page 313 304 Lott Bluff Rd, Blackville, SC 29817 120-00-00-026
SUBJECT TO ASSESSMENTS, BARNWELL AD VALOREM TAXES, EASEMENTS AND/OR, RESTRICTIONS OF RECORD, AND OTHER SENIOR ENCUMBRANCES.
TERMS OF SALE: A 5% cash deposit is required . The deposit will be applied towards the purchase price unless the bidder defaults, in which case the deposit will be forfeited. If the successful bidder fails, or refuses, to make the required deposit, or comply with his bid within 30 days, then the property will be resold at his risk. No personal or deficiency judgment being demanded, the bidding will not remain open after the date of sale, but compliance with the bid may be made immediately. The successful bidder will be required to pay interest on the amount of the bid from date of sale to date of compliance with the bid at the rate of 7.99% per annum. For complete terms of sale, see Judgment of Foreclosure and Sale filed with the Barnwell County Clerk of Court at C/A #10-CP-06-0063.
NOTICE: The foreclosure deed is not a warranty deed. Interested bidders should satisfy themselves as to the quality of title to be conveyed by obtaining an independent title search prior to the foreclosure sale date. J. Martin Harvey, Jr. Special Referee for Barnwell County 010062-02098 Samuel C. Waters, Esq. Attorney for Plaintiff P.O. Box 100200 Columbia, SC 29202-3200 (803) 744-4444 Website: www.rtt-law.com (see link to Resources/Foreclosure Sales)
2011-040
3tc 03-02-11
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NOTICE OF APPLICATION
Notice is hereby given that Lawanda Roberts intends to apply to the South Carolina Department of Revenue for a license/permit that will allow the sale and on premises consumption of beer and wine at 1292 Bufford Bridge Hwy., Ulmer, SC 29849.
To object to the issuance of this permit/license, written protest must be postmarked no later than March 4, 2011.
For a protest to be valid, it must be in writing, and should include the following information:
(1) the name, address and telephone number of the person filing the protest;
(2) the specific reasons why the application should be denied;
(3) that the person protesting is willing to attend a hearing (if one is requested by the applicant);
(4) that the person protesting resides in the same county where the proposed place of business is located or within five miles of the business; and,
(5) the name of the applicant and the address of the premises to be licensed.
Protests must be mailed to: S. C. Department of Revenue, ABL SECTION, P. O. Box 125, Columbia, SC 29214-0907; or faxed to: (803) 898-5899.
2011-041
3tc 03-02-11
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NOTICE OF JUDICIAL SALE
Pursuant to an Order of the Court of Common Pleas forBarnwell County issued in the case
entitled Enterprise Bank of South Carolina v. Spotlight Video, Inc., Dwayne L. Hammett, Dixie J. Hammett, and South Carolina Department of Revenue, Civil Action No. 2009-CP-06-068, the undersigned will sell at public auction to the highest bidder at the Barnwell County Courthouse, 141 Main Street, Barnwell, South Carolina, on Monday, March 7, 2011, at 11:00 a.m. the following described real estate:
Parcel 1
All that certain piece, parcel or lot of land, with improvements thereon, situate, lying and being in the Long Branch School District of Barnwell County, State of South Carolina, being designated as 1.22 acre lot of land as shown on a Plat prepared for Corrie Mae Hammett, by R. J. Parler, R.L.S., said Plat dated October 14, 1978, recorded in Plat Book V, at Page 169 of the records of Barnwell County, said lot measuring and bounded, as follows, to-wit: On the North by lands now or formerly of Harry Lanier and Faye O. Birt and measuring thereon 263.41 feet; on the East by lands now or formerly of Harry Lanier and Faye O. Birt and measuring thereon 194.3 feet; on the South by lands now or formerly of Mollie Rutland Owens Grubbs and measuring thereon 279.64 feet; on the West by South Carolina Highway No. S-6-37 whereon it fronts and measures 197.4 feet; all of which will more fully appear by reference to the aforementioned Plat.
Being the same property conveyed to Dwayne L. Hammett by Deed of Corrie Mae Hammett n/k/a Corrie Mae Dantzler and Willie G. Hammett dated August 3, 1990 and recorded September 18, 1990 in Book 145 at Page 81 in the Office of the Clerk of Court for Barnwell County, South Carolina.
AND ALSO one (1) 1994 Southern Hospitality mobile home, VIN SSDAL70412.
TMN: 069-00-00-045 and 069-00-00-045.01
AND ALSO: The right of ingress and egress over a proposed driveway to be constructed at the southeastern corner of the lot above-described and at the southwestern corner of the adjacent property situate on the eastern boundary of the lot above-described.
TERMS OF SALE:  The successful bidder, other than the plaintiff, will deposit with the Special Referee, at conclusion of the bidding, five (5%) percent of his bid, in cash or equivalent, as evidence of good faith, the 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 noncompliance.  Should the last and highest bidder fail or refuse to make the required deposit at the time of the bid or comply with the other terms of the bid within twenty (20) 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 former highest bidder).   
Purchaser to pay for documentary stamps on Special Referee=s 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 7%  per annum.   Should a representative of the plaintiff not be present at the appointed time for sale, the sale shall be canceled.  The plaintiff may waive any of its rights, including its right to a deficiency judgment prior to sale.
SALE IS SUBJECT TO ASSESSMENTS, BARNWELL COUNTY TAXES, AND ANY CITY TAXES, EXISTING EASEMENTS, EASEMENTS AND RESTRICTIONS OF RECORD, AND OTHER SENIOR ENCUMBRANCES.  SINCE A DEFICIENCY JUDGMENT IS DEMANDED, THE BIDDING WILL REMAIN OPEN FOR A PERIOD OF THIRTY (30) DAYS FROM DATE OF SALE, AND WILL BE REOPENED ON THE 30TH DAY THEREAFTER AT 11:00 A.M. AS PRESCRIBED BY STATUTE.
This sale is subject to all title matters of record and any interested party should consider performing an independent title examination of the subject property as no warranty is given.
James D. Bailey, Special Referee
Barnwell County
Norma A. T. Jett
P. O. Box 909
Bamberg, SC 29003
803-245-5178
Attorney for Plaintiff
2011-044
3tc 03-02-11
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SPECIAL REFEREE’S
                NOTICE OF SALE    2010-CP-06-227
BY VIRTUE of a decree heretofore granted in the case of: Flagstar Bank, FSB vs. Brian Mercier, I, the undersigned J. Martin Harvey, Jr., Special Referee for Barnwell County, will sell on Monday, March 7, 2011, at 11:00 a.m., at the County Courthouse, 141 Main Street, Barnwell, SC 29812, to the highest bidder:
All those certain contiguous lots of land, with improvements thereon, situate in Seven Pines School District, County of Barnwell, State of South Carolina, being more particularly shown and designated as Lots Nos. 3, 4, 5, 8, 9 and 10, in Block J, on a subdivision plat of Queen Hucks Development, surveyed by D. E. Woodward, Surveyor, dated January 20, 1953, and recorded in Plat Book G, at Page 10, of the records of the Clerk of Court for Barnwell County.  Said lots being bounded and measuring, in the aggregate, as follows: North by Lots No. 6 and 7, in Block J, and measuring thereon 300 feet; East by Conway Avenue, as shown on said plat, and measuring there on 225 feet; South by Lots Nos. 2 and 11, in Block J, and measuring thereon 300 feet; and West by Queen Avenue, as shown on said plat, and measuring thereon 225 feet.
This being the same property conveyed to Brian Mercier by deed of Sharon A. Stanley dated December 6, 2007 and recorded on December 11, 2007 in the Office of the Barnwell County Clerk of Court in Book 820 at Page 75.
TMS No. 054-01-01-008
Property address:
207 Conway Road
Barnwell, SC  29812
TERMS OF SALE:  The successful bidder, other than the Plaintiff, will deposit with the Special Referee, at conclusion of the bidding, five per cent (5%) of said bid is due and payable immediately upon closing of the bidding, 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. In the event of a third party bidder and that any third party bidder fails to deliver the required deposit in certified (immediately collectible) funds with the Office of the Special Referee, said deposit being due and payable immediately upon closing of the bidding on the day of sale, the Special Referee will re-sell the subject property at the most convenient time thereafter (including the day of sale) upon notification to counsel for Plaintiff. Should the last and highest bidder fail or refuse to comply with the balance due of the bid within 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 will not remain open after the date of sale, but compliance with the bid may be made immediately.
Purchaser to pay for documentary stamps on Special Referee’s 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 8.0% per annum.
The Plaintiff may waive any of its rights, including its right to a deficiency judgment, prior to sale.
The sale shall be subject to taxes and assessments, existing easements and restrictions of record.This property will be sold subject to the applicable right of redemption of the United States of America.
The sale or any resale will not be held unless the Plaintiff or its attorney is present at the sale or has advised the Special Referee’s office of its bidding instructions.
This sale is subject to all title matters of record and any interested party should consider performing an independent title examination of the subject property as no warranty is given.  If the judicial sale is set aside for any reason, the successful purchaser at the sale shall be entitled only to a return of the deposit paid, if any.  The successful purchaser shall have no further recourse beyond the return of the deposit paid, if any, against the mortgagors, the Plaintiff, or the Plaintiff’s counsel.
Neither the Plaintiff nor its counsel make representations as to the integrity of the title or the fair market value of the property offered for sale.  Prior to bidding you may wish to review the current state law or seek the advice of any attorney licensed in South Carolina.
Scott Law Firm, P.A.     Attorney for Plaintiff
J. Martin Harvey, Jr.
Special Referee for Barnwell County
2011-045
3tc 03-02-11
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NOTICE TO CREDITORS
OF ESTATE
All persons having claims against the following estate are required to deliver or mail their claim to the indicated Personal Representative appointed to administer the estate, and to file Claim Form #371PC with the Barnwell County Probate Court at Room 108, Barnwell County Courthouse, Barnwell, SC  29812, on or before the date that is eight (8) months after the date of the first publication of the published Notice to Creditors or within sixty (60) 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 claim.
All claims are required to be presented in writing indicating the name and address of the claimant, the basis of the claim, the amount claimed, the date when the amount claimed became or 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:  Kathy Marie Abbott
Case Number:
2011 ES 06 00004
Personal Representatives:
Ronald George Abbott
Address:  
222 Fawn Drive
Barnwell, SC 29812
Attorney, if applicable:
Daniel W. Luginbill
Address:
P. O. Box 1150
Bamberg, SC 29003
2011-046
3tc 03-02-11
______________________________
NOTICE TO CREDITORS
OF ESTATE
All persons having claims against the following estate are required to deliver or mail their claim to the indicated Personal Representative appointed to administer the estate, and to file Claim Form #371PC with the Barnwell County Probate Court at Room 108, Barnwell County Courthouse, Barnwell, SC  29812, on or before the date that is eight (8) months after the date of the first publication of the published Notice to Creditors or within sixty (60) 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 claim.
All claims are required to be presented in writing indicating the name and address of the claimant, the basis of the claim, the amount claimed, the date when the amount claimed became or 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:  
Allen Franklin Fail
Case Number:
2010 ES 06 00162
Personal Representatives:
Cathy M. Copes
Address:  
180 Carey Road
Pelion, SC 29123
Attorney, if applicable:
Adrain L. Falgione
Address:
113 East Main St.
Lexington, SC 29071
2011-047
3tc 03-02-11
_____________________________
NOTICE TO CREDITORS
OF ESTATE
All persons having claims against the following estate are required to deliver or mail their claim to the indicated Personal Representative appointed to administer the estate, and to file Claim Form #371PC with the Barnwell County Probate Court at Room 108, Barnwell County Courthouse, Barnwell, SC  29812, on or before the date that is eight (8) months after the date of the first publication of the published Notice to Creditors or within sixty (60) 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 claim.
All claims are required to be presented in writing indicating the name and address of the claimant, the basis of the claim, the amount claimed, the date when the amount claimed became or 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:  
Betty L. Kitchings
Case Number:
2011 ES 06 00021
Personal Representatives:
Marcia K. Hackney
Address:  
145 Sawbill Palm Dr.
Ponte Vedra Beach, Fla. 32082
2011-048
3tp 03-09-11
______________________________
NOTICE TO CREDITORS
OF ESTATE
All persons having claims against the following estate are required to deliver or mail their claim to the indicated Personal Representative appointed to administer the estate, and to file Claim Form #371PC with the Barnwell County Probate Court at Room 108, Barnwell County Courthouse, Barnwell, SC  29812, on or before the date that is eight (8) months after the date of the first publication of the published Notice to Creditors or within sixty (60) 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 claim.
All claims are required to be presented in writing indicating the name and address of the claimant, the basis of the claim, the amount claimed, the date when the amount claimed became or 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:  
John F. Carter
Case Number:
2011 ES 06 00011
Personal Representatives:
Teresa C. Owens
Address:  
P. O. Box 444
Barnwell, SC 29812
2011-049
3tc 03-09-11
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