605 Legals

BY VIRTUE of a Judgment granted in the case of:
US Bank, NA, as Trustee for registered holders of Home Equity Asset Trust 2004-8, Home Equity Pass-Through Certificates, Series 2004-8 v. Donna M. Galosi n/k/a Donna Fowlkes a/k/a Donna Marjorie Fowlkes; Check Advance, Inc.; and The South Carolina Department of Revenue, Civil Action No. 07-CP-11-345, I, the undersigned Clerk of Court (or the designee of the Clerk of Court), will sell on September 2, 2008, at 11:00 a.m., at the Cherokee County Courthouse, Floyd Baker Boulevard, Gaffney, SC, to the highest bidder:
All that certain piece, parcel or lot of land with any improvements thereon, lying, being and situate in Cherokee County, South Carolina, known as Lot No. 4, containing 1.12 acres, located on Lois Drive, as shown on plat prepared by Mike W. Byars, RLS, and recorded in Deed Book 12-J, page 470, Office of the Clerk of Court for Cherokee County, South Carolina. Further reference is also made to a plat prepared for Ronny G. & Janie L. McCraw by Mike W. Byars, RLS, dated October 28, 1987, recorded in Plat Book 12-R, page 734, Office of the Clerk of Court for Cherokee County, South Carolina.
This being the same property conveyed to Donna M. Galosi by deed of Ilene G. Eckley recorded on August 10, 2004 in the ROD Office for Cherokee County in Deed Book 185 at page 14.
TMS No. 059-00-00-083.001
PROPERTY ADDRESS: 134 Lois Drive, Gaffney, SC 29341
TERMS OF SALE: The successful bidder, other than the plaintiff, will deposit with the Clerk of Court, at the time of the bid, five per cent (5%) of his bid, in cash or equivalent, as evidence of good faith, same to be applied to purchase price if compliance is made, but in the event compliance is not made, the deposit shall be forfeited and applied first to costs of the action and then to plaintiff's debt. Should the successful bidder at the regularly conducted sale 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 from the conclusion of the bidding, then the Clerk of Court may re-sell the property on the same terms and conditions on some subsequent Sales Day, but at the risk of the defaulting bidder(s). A personal or deficiency judgment having been waived, the bidding will not remain open after the date of sale, and compliance with the bid may be made immediately. In the event an agent of the Plaintiff does not appear at the time of the sale, the within property shall be withdrawn from sale and sold at the next available sales day upon the terms and conditions as set forth in the Judgment of Foreclosure and Sale or supplemental Order.
Purchaser to pay for documentary stamps on the Foreclosure Deed. 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 9.900%.
SUBJECT TO ASSESSMENTS, COUNTY TAXES, EXISTING EASEMENTS, EASEMENTS AND RESTRICTIONS OF RECORD, AND OTHER SENIOR ENCUMBRANCES.
Brandy McBee
Clerk of Court, Cherokee County
Gaffney, South Carolina
July ____, 2008
FLEMING & WHITT, P. A.
Attorneys for Plaintiff
Published: August 13, 20, 27, 2008

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BY VIRTUE of a Judgment granted in this case of:
CitiFinancial, Inc. v. Ronald D. Bagwell, Civil Action No. 2008-CP-11-055, I, the undersigned Clerk of Court for Cherokee County or my designee, will sell on September 2, 2008 at 11:00 AM, at the Cherokee County Courthouse, Gaffney, SC to the highest bidder:
All those six (6) pieces, parcels or lots of land lying and being situate in Cherokee County, South Carolina, in Limestone Township and being known and designated as Lots Numbers Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14) and Fifteen (15), in Block B, of the subdivision known as the J.L. Moore property, as shown on plat made by Marion M. Packard, Civil Engineer, which is recorded in the Office of the Clerk of Court for Cherokee County, South Carolina, in Deed Book 4-H at Page 256 and 257. According to said plat each lot fronts 50 feet on a street and runs back a uniform depths of 175 feet. Reference is made to said plat for a more complete description of said lots.
Less: All that certain piece parcel or lot of land lying and being situate in Cherokee County, South Carolina, in Limestone Township, approximately two and one-half miles east of the City of Gaffney, being rectangular in shape, having a uniform depth of twenty-five (25) feet and uniform length of three hundred (300) feet, and being the rear twenty-five (25) of Lots Numbers 10, 11, 12, 13, 14 and 15, in Block B, as shown on plat of the J.L. Moore property made by Packard Engineering Company, and recorded in the Office of the Clerk of Court for Cherokee County, South Carolina, in Deed Book 4-H at Page 256 and 257, and more fully described thereon as follows: Beginning at a stake at the rear corners of Lots Number 25, 26, 9 and 10, and running thence along the eastern line of Lot Number 9, North 10-15 West 25 feet to stake on the line of lot of Bagwell; thence running North 89-15 East through lots Number 10, 11, 12, 13, 14 and 15, 300 feet to stake on the western line of lot Number 16, thence running along line of Lot Number 16, South 10-15 East 25 feet to stake, corner of Lots Numbers 16, 19 and 20; thence running along rear lines of Lots Numbers 15, 14, 13, 12, 11 and 10, 300 feet to stake, rear corner of Lots Numbers 9, 10, 25 and 26, the beginning corner.
TOGETHER with all and singular the rights, members, hereditaments and appurtenances to the said premises belonging, or in any way incident or appertaining.
This being the same property conveyed to Ronald D. Bagwell and Evelyn C. Bagwell by deed of Stanyarn Perry, Jr. dated September 21, 1976 and recorded September 23, 1976 in Deed Book 10-F at Page 401 in the Clerk of Court Office for Cherokee County, South Carolina; subsequently Evelyn C. Bagwell conveyed her interest in subject property to Ronald d. Bagwell dated December 16, 1981 and recorded December 29, 1981 in Deed Book 11-N at Page 894 in the Clerk of Court Office for Cherokee County, South Carolina.
TMS No.: 118-06-00-034.000
PROPERTY ADDRESS: 133 Kraft Road, Gaffney, SC 29340
TERMS OF SALE: The successful bidder, other than the plaintiff, will deposit with the Clerk of Court, at the time of the bid, five per cent (5%) of his bid, in cash or equivalent, as evidence of good faith, same to be applied to purchase price if compliance is made, but in the event compliance is not made, the deposit shall be forfeited and applied first to costs of the action and then to the plaintiff's debt. Should the successful bidder at the regularly conducted sale 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 from the conclusion of the bidding, then the Clerk of Court may re-sell the property on the same terms and conditions on some subsequent Sales Day, but at the risk of the defaulting bidder(s). A personal or deficiency judgment having been waived, the bidding will not remain open after the date of sale, and compliance with the bid may be made immediately. In the event an agent of the Plaintiff does not appear at the time of the sale, the within property shall be withdrawn from 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 supplemental Order.
Purchaser to pay for documentary stamps on the Foreclosure Deed. 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 8.0040% SUBJECT TO ASSESSMENTS, COUNTY TAXES, EXISTING EASEMENTS, EASEMENTS AND RESTRICTIONS OF RECORD, AND OTHER SENIOR ENCUMBRANCES. Brandy McBee
Clerk of Court for Cherokee County
Cherokee, South Carolina
_________, 2008
Burr & Associates, LLC
Attorneys for Plaintiff
Published: August 13, 20, 27, 2008

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BY VIRTUE OF A DECREE of the Court of Common Pleas for Cherokee County, South Carolina, heretofore issued in the case of The Palmetto Bank against, John E. Ashley, Sherry F. Ashley and Phillip K. Sinclair, I the undersigned as Clerk of Court for Cherokee County, will sell on September 2, 2008, at 11:00 a.m., at the Cherokee County Courthouse in Gaffney, South Carolina, to the highest bidder:
Legal Description and Property Address:
All that certain piece, parcel or lot of land lying and being situate in Cherokee County, South Carolina, known as Lot No. 10 and 11, containing 1.62 acres, of Twin Oaks Subdivision, as shown on plat prepared for Thomas S. Mills and Susan M. Mills by Lavender, Smith & Associates, Inc. dated May 16, 1996 and revised June 25, 1997 and recorded in Plat Book 16-P, Page 351, in the Clerk's Office for Cherokee County, to which said plat is referred for a more complete and particular description.
This being the same property conveyed to John E. Ashley and Sherry F. Ashley by Deed of Thomas S. Mills and Susan M. Mills, dated June 9, 2000 and recorded June 12, 2000, in Deed Book 77at Page 220, in the Office of the Clerk of Court for Cherokee County, South Carolina.
152 Preston Way, Gaffney, SC 29341
TMS # 027-00-00-004.009
TERMS OF SALE: For cash. Interest at the rate of Six And 25/100 per cent (6.25%) to be paid on balance of bid from date of sale to date of compliance. The purchaser to pay for papers and stamps, and that the successful bidder or bidders, other than the Plaintiff therein, do, upon the acceptance of his or her bid, deposit with the Clerk of Court for Cherokee County a certified check or cash in the amount equal to five per cent (5%) of the amount of bid on said premises at the sale as evidence of good faith in bidding, and subject to any resale of said premises under Order of this Court; and in the event the said purchaser or purchasers fail to comply with the terms of sale within Twenty (20) days, the Clerk of Court shall forthwith resell the said property, after the due notice and advertisement, and shall continue to sell the same each subsequent sales day until a purchaser, who shall comply with the terms of sale, shall be obtained, such sales to be made at the risk of the former purchaser. As a personal or deficiency judgment is demanded, the bidding will remain open for a period of Thirty (30) days pursuant to S.C. CODE Ann. Section 15-39-720 (1976). If the Plaintiff or the Plaintiff's representative does not appear at the above-described sale, then the sale of the property will be null, void, and of no force and effect. In such event, the sale will be rescheduled for the next available sales day. Plaintiff may waive any of its rights, including its right to a deficiency judgment, prior to sale. Sold subject to taxes and assessments, existing easements and restrictions of record. 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 or the Mortgagee's attorney.
S/ Brandy W. McBee
Clerk of Court
For Cherokee County
Gaffney, South Carolina
KORN LAW FIRM, P.A
Attorney for Plaintif F28-02435
Published: August 13, 20, 27, 2008

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BY VIRTUE of a decree heretofore granted in the case of: United States of America, acting by and through the Rural Housing Service or successor agency, United States Department of Agriculture vs. Dermaine L. McCoy, et al., I, the undersigned Brandy W. McBee, Clerk of Court for Cherokee County, will sell on Tuesday, September 2, 2008, at 11:00 a.m., at the County Courthouse, 125 East Floyd Baker Boulevard, Gaffney, South Carolina, to the highest bidder:
All that certain piece, parcel or lot of land, with all improvements thereon or to be constructed thereon, lying and being situate in the State of South Carolina, County of Cherokee, being shown and delineated as Lot No. 1, containing 0.308 acre, more or less, on plat prepared for Dermaine L. McCoy by Lavender, Smith and Associates, Surveyors, dated July 17, 2003, and recorded in the Office of the Clerk of Court for Cherokee County in Deed Book C-88, at Page 7. Reference to the aforesaid plat is made in aid for further description.
This being the identical property heretofore conveyed unto Dermaine L. McCoy by deed of Luther R. Tate recorded in the Office of the Clerk of Court for Cherokee County, South Carolina in Deed Book 156, at Page 64.
Tax Map Number: 080-16-00-007.000
Property Address:104 Belt Line Road, Gaffney, SC 29341
TERMS OF SALE: The successful bidder, other than the Plaintiff, will deposit with the Clerk of Court, 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 Clerk of Court, said deposit being due and payable immediately upon closing of the bidding on the day of sale, the Clerk of Court 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 thirty (30) days, then the Clerk of Court 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 Clerk of Court'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 5.375% per annum. 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.
The sale or any resale will not be held unless the Plaintiff or its attorney is present at the sale or has advised the Clerk of Court'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.
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.
Brandy W. McKee
Clerk of Court
Scott Law Firm
Attorney for Plaintiff
Published: August 13, 20, 27, 2008

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Wachovia Mortgage Corporation,
Plaintiff,
v.
John L. Burson;
Defendant(s).
(011075-00345)
TO THE DEFENDANT(S), John L. Burson: YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this foreclosure action on property located at 258 Lake Whelchel Drive Gaffney, South Carolina 29341, being designated in the County tax records as TMS# 097-00-00-018.000, 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, Ste 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. YOU WILL ALSO TAKE NOTICE that should you fail to Answer the foregoing Summons, the Plaintiff will move for a general Order of Reference of this cause to the Master-In-Equity or Special Master for Cherokee County, which Order shall, pursuant to Rule 53(e) of the South Carolina Rules of Civil Procedure, specifically provide that the said Master-in-Equity or Special Master 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 to apply for the appointment of a Guardian Ad Litem to represent said minor(s) 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(s) herein. Columbia, South Carolina July 29, 2008 NOTICE TO THE DEFENDANTS ABOVE NAMED: 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 Cherokee County, South Carolina on July 14, 2008.
Rogers Townsend & Thomas, PC
ATTORNEYS FOR PLAINTIFF
Samuel C. Waters (SC Bar #5958) Cheryl H. Fisher (SC Bar #15213) Reginald P. Corley (SC Bar #69453) Jennifer W. Rubin (SC Bar #16727) Ellie C. Floyd (SC Bar # 68635) Michael P. Morris (SC Bar #73560) Eve Moredock Stacey (SC Bar # 5300) Mary R. Powers (SC Bar #16534) Robert P. Davis (SC Bar # 74030) Timothy B. Killen (SC Bar #72501) William S. Koehler (SC Bar# 74935)
220 Executive Center Drive, Suite 109 Post Office Box 100200 (29202)
Columbia, SC 29210 (803) 744-4444 Columbia, South Carolina July 29, 2008
Published: August 13, 20, 27, 2008

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