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Courier Legals 7-23-14

NOTICE OF SALE

STATE OF SOUTH CAROLINA

COUNTY OF PICKENS

IN THE COURT OF COMMON PLEAS

CASE NO. 14-CP-39-191

Vanderbilt Mortgage and Finance, Inc.Plaintiff, -vs- Roy E. Pitts and Rebecca W. Pitts, Defendant(s)

BY VIRTUE of a judgment heretofore granted in the case of Vanderbilt Mortgage and Finance, Inc. vs. Roy E. Pitts and Rebecca W. Pitts, I, R. Murray Hughes, Esquire, as Special Referee for Pickens County, will sell on August 4, 2014, at 11:00 am, at the Pickens County Courthouse, 214 E. Main Street, Pickens, SC 29671, to the highest bidder:

ALL that certain piece, parcel or lot of land lying and being situate in the State of South Carolina, County of Pickens, located about 6 miles southeast of Pickens, and containing 12.069 acres, more or less, and being known as “Tract 2″, according to a plat prepared by David C. Kirk, Surveyor, RLS#6676, dated December 21, 1992 and recorded in the Register of Deeds Office for Pickens County on January 6, 1993 in Plat Book/Slide 115 at Page 71/72, reference to which is hereby made for a more complete and accurate description.

ALSO: A right of way 30′ in width running in a southerly direction from Homestead Road over and across property of the Grantor to a point on the eastern property line of Tract 1; and thence in a southerly direction along property line of Grantor and Tract #3 to point thence in a westerly direction on property line of Grantor and Tract 3 and Tract 2 to a point. Said right of way to be used jointly by Grantor, Grantee, their heirs and assigns for ingress, egress and utility purposes.

THIS being the same property conveyed unto Rebecca W. Pitts by deed of Virginia M. Wilson dated July 14, 1998 and recorded in Deed Book 436 at Page 88 in Pickens County records.

TMS #: 4069-00-49-4402

Physical Address: 166 Oscar Lane, Pickens, SC 29671

Mobile Home: 1998 CLAYT VIN# N02009606TNAB

SUBJECT TO PICKENS COUNTY TAXES

TERMS OF SALE: The successful bidder, other than the Plaintiff, will deposit with the Special Referee at conclusion of the bidding, five (5%) 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 or 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 former 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.

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 9.5% per annum.

R. Murray Hughes, Esquire

Special Referee for Pickens County

Theodore von Keller, Esquire

B. Lindsay Crawford, III, Esquire

Sara Hutchins

Columbia, South Carolina

Attorney for Plaintiff

July 16, 23, 30

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NOTICE OF SALE

STATE OF SOUTH CAROLINA

COUNTY OF PICKENS

IN THE COURT OF COMMON PLEAS

CASE NO. 14-CP-39-219

Vanderbilt Mortgage and Finance, Inc.

Plaintiff, -vs- Billy Craig Breedlove Jr. a/k/a Billy C. Breedlove Jr. a/k/a Craig Breedlove, Defendant(s)

BY VIRTUE of a judgment heretofore granted in the case of Vanderbilt Mortgage and Finance, Inc. vs. Billy Craig Breedlove Jr. a/k/a Billy C. Breedlove Jr. a/k/a Craig Breedlove, I, R. Murray Hughes, Esquire, as Special Referee for Pickens County, will sell on August 4, 2014, at 11:00 am, at the Pickens County Courthouse, 214 E. Main Street, Pickens, SC 29671, to the highest bidder:

All that certain piece, parcel or lot of land lying and being situate in the State of South Carolina, County of Pickens, and containing 0.92 acres, more or less, as shown on a plat by T. Craig Keith, Surveyor dated 6-23-88 and recorded in Plat Book 34 at Page 10 in the Register of Deeds Office for Pickens County, SC, reference to which is hereby made for a more complete description.

Together with an easement for ingress and egress as recorded in Book 1364 at Page 219 in aforesaid registry.

This being the same property conveyed to Billy C. Breedlove, Jr. by deed of Stella T. Breedlove as recorded in Book 948 at Page 219 in the Pickens County Register of Deeds Office on October 19, 2005.

TMS #: 5106-00-89-3210

Physical Address: 119 Wild Bunch Hill, Pickens, SC 29671

Mobile Home: 2010 CLAY VIN# CLH034865TNAB

SUBJECT TO PICKENS COUNTY TAXES

TERMS OF SALE: The successful bidder, other than the Plaintiff, will deposit with the Special Referee at conclusion of the bidding, five (5%) 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 or 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 former 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.

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 11.37% per annum.

R. Murray Hughes, Esquire

Special Referee for Pickens County

Theodore von Keller, Esquire

B. Lindsay Crawford, III, Esquire

Sara Hutchins

Columbia, South Carolina

Attorney for Plaintiff

July 16, 23, 30

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NOTICE OF SALE

NOTICE OF SALE CIVIL ACTION NO. 2009-CP-07-02466 BY VIRTUE of the decree heretofore granted in the case of: Bishop Family Trust, LLC vs. Gibson Unlimited, LLC and Ricky W. Gibson, individually, the undersigned Special Referee for Pickens County, South Carolina, will sell on August 4, 2014 at 11:00AM, at the Pickens County Courthouse, City of Pickens, State of South Carolina, to the highest bidder:

ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND SITUATE, LYING AND BEING IN THE STATE OF SOUTH CAROLINA, COUNTY OF PICKENS, SOUTH CAROLINA SHOWN AS 0.377 ACRES ON A SURVEY FOR GARRETT REAL ESTATE INVESTMENT PREPARED BY RAY DUNN LAND SURVEYOR DATED 09/12/2013 AND RECORDED ON 9/18/2013 IN PLAT BOOK 599 AT PAGE 134 IN THE PICKENS COUNTY ROD OFFICE

THIS IS THE SAME PROPERTY CONVEYED TO GIBSON UNLIMITED, LLC BY DEED OF GARRET REALTY INVESTMENTS, LLC DATED 09/18/2013 AND RECORDED ON 09/27/2013 IN DEED BOOK 1555 AT PAGE 194 IN THE PICKENS COUNTY ROD OFFICE.

CURRENT ADDRESS OF PROPERTY: 9 Lee Street Liberty, South Carolina

TMS: 409705280203

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). Deficiency judgment being demanded, the bidding will not be closed on the day of sale but will remain open for a period of thirty (30) days as provided by law. Plaintiff is demanding a deficiency, the Plaintiff may waive any of its rights, including its right to a deficiency judgment, prior to sale. 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 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. If the United States is named as a Defendant, The sale shall be subject to the United States right of redemption pursuant to 28 U.S.C.§ 2410(c). If the United States is named as a Defendant, The sale shall be subject to the United States (non-IRS) 1 (one) year right of redemption pursuant to 28 U.S.C.§ 2410(c).

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.

___________________________________

The Honorable R. Murray Hughes

Special Referee for Pickens County

William H. Thomas, III, P.A.

PO Box 10498

Greenville, SC 29603

(864)298-0064

July 16, 23, 30

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Notice of Sale

C/A No: 2012-CP-39-00672

BY VIRTUE OF A DECREE of the Court of Common Pleas for Pickens County, South Carolina, heretofore issued in the case of Bank of America, N.A, successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP against, Peter Georges, and Westchester Homeowners’ Association, Inc., I the undersigned as Special Referee for Pickens County, will sell on August 4, 2014, at 11:00 am , at the Pickens County Courthouse in Pickens, South Carolina, to the highest bidder:

Legal Description and Property Address:

ALL that certain piece, parcel or lot of land, with all improvements thereon, situate, lying and being in the State of South Carolina, County of Pickens, and being shown and designated as lot number One Hundred Eighty-Seven (187), Westchester Subdivision, Phase 111, As shown upon that certain of record in the Office of the Register of Deeds for in Plat Book 382 at Page 7 and having metes, and bounds, courses and distances as upon said plat appear and incorporated herein by reference thereto.

This being the same property conveyed to Peter Georges by deed of Aggressive Realty, LLC, dated June 20, 2008 and recorded June 25, 2008, in the Register of Deeds Office for Pickens County, State of South Carolina, in Book 1193 at Page 279.

111 Wenlock Court, Easley, SC 29642

TMS # 5038-16-73-7456

TERMS OF SALE: For cash. Interest at the rate of Six And 50/100 percent (6.50%) 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 Special Referee for Pickens County a certified check or cash in the amount equal to five percent (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 Thirty (30) days, the Special Referee 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. Since a personal or deficiency judgment is waived, the bidding will not remain open but compliance with the bid may be made immediately. 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.

_______________________________

Special Referee

For Pickens County

Pickens, South Carolina

____________________________, 2014.

KORN LAW FIRM, P.A.

Attorney for Plaintiff

1300 Pickens Street

Columbia, SC 29211

July 16, 23, 30

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Notice of Sale

C/A No: 2009-CP-39-917

BY VIRTUE OF A DECREE of the Court of Common Pleas for Pickens County, South Carolina, heretofore issued in the case of Green Tree Servicing, LLC against, Carlos G Smith a/k/a C. Gregory Smith, Etta R. Smith a/k/a Etta Smith, Bank of America N.A., Household Finance Corporation II, Associates First Capital Corporation, Branch Banking and Trust Company, LVNV Funding, LLC, and Habersham Homeowners Association, I the undersigned as Special Referee for Pickens County, will sell on August 4, 2014, at 11:00 am o’clock , at the Pickens County Courthouse in Pickens, South Carolina, to the highest bidder:

Legal Description and Property Address:

ALL that piece, parcel or lot of land situate, lying and being in the State of South Carolina, County of Pickens, located approximately one mile South of Six Mile, South Carolina and containing one acre, more or less, and being more fully described according to plat of John R. Long, Surveyor, dated September 28, 1990, as follows, to wit: recorded on 11-01-90 In Plat book 45 at page 56B.

BEGINNING at a point on County Road; and running thence along the County Road North 8-12-41 East 207.89 feet to a point; thence leaving the road and running North 87-48-54 East 201.51 feet to an iron pin; thence South 5-59-45 West 222 feet to an iron pin; thence North 87-58-36 West 208 feet to the point of beginning.

This being the same property conveyed to C. Gregory Smith by deed of Carlos Smith, dated October 31, 1990 and recorded November 1, 1990 in the Register of Deeds Office for Pickens County, South Carolina in Book 115 at Page 210.

Thereafter C. Gregory Smith conveyed one-half interest of the property by deed to Jennifer W. Smith, dated December 7, 1990 and recorded December 6, 1990 in Book 119 at Page 17.

Thereafter Jennifer W. Smith conveyed her interest in the property by deed to C. Gregory Smith, dated July 20, 1994 and recorded July 21, 1994 in Book 248 at Page 158.

Thereafter C. Gregory Smith conveyed one-half interest of the property by deed to Etta Smith, dated February 14, 2001 and recorded March 5, 2001 in Book D0598 at Page 154.

3608 Six Mile Hwy, Central, SC 29630

TMS#: 4057-00-28-1010

TERMS OF SALE: For cash. Interest at the rate of 7.50 % 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 Pickens 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 30 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.

_______________________________

Special Referee

For Pickens County

KORN LAW FIRM, P.A.

Attorney for Plaintiff

1300 Pickens Street

Columbia, SC 29211

July 16, 23, 30

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Notice of Sale

C/A No: 2010-CP-39-1442

BY VIRTUE OF A DECREE of the Court of Common Pleas for Pickens County, South Carolina, heretofore issued in the case of Nationstar Mortgage, LLC against, Dianne Massey, Durham Family Dental, Robert E. Hester a/k/a Robert E. Hester, Jr., and South Carolina Department of Motor Vehicles, I the undersigned as Special Referee for Pickens County, will sell on August 4, 2014, at 11:00 am o’clock , at the Pickens County Courthouse in Pickens, 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 the State of South Carolina, County of Pickens, being shown as containing 32449 Square Feet, according to a plat prepared by Chapman Surveying Co., dated July 29, 1991, entitled, “SURVEY FOR ROBERT E. HESTER”, being recorded in Plat Book 54 at Page 553 in the Register of Deeds Office for Pickens County, South Carolina, reference to which is hereby made for a more complete and accurate description.

ALSO INCLUDES A: 1992 Fleetwood 28×60 mobile home, Serial #GAFLN35A&B05918H.

This being the same property conveyed to Dianne Massey by deed of Ronnie K. Speed and Vickie D. Speed, dated August 15, 2003 and recorded on August 18, 2003, in the Register of Deeds Office for Pickens County, South Carolina in Book D-0757 at page 37.

545 Old Cedar Rock Road, Easley South Carolina 29640

TMS#: 5019-06-39-1653

TERMS OF SALE: For cash. Interest at the rate of 6.375 % 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 Pickens 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 30 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.

_______________________________

Special Referee

For Pickens County

KORN LAW FIRM, P.A.

Attorney for Plaintiff

1300 Pickens Street

Columbia, SC 29211

July 16, 23, 30

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ORDER OF PUBLICATION

STATE OF SOUTH CAROLINA

COUNTY OF PICKENS

IN THE COURT OF COMMON PLEAS

CASE # 2014-CP-39-36

JAMES C. ALEXANDER AND J. GREGORY LEWIS AS SOLE MEMBERS OF S AND W PROPERTIES, LLC, AND S AND W PROPERTIES, LLC, Plaintiffs, vs. CARRIE CASE, STANLEY O’NEAL CASE, KELSEY G. CASE, JEREMY CASE, NATASHA N. CASE, DANIELLE CASE, JESSICA CASE, AND ELIZABETH R. HYATT, Defendants.

Plaintiffs have requested an Order of Publication to effect service on Defendants Jeremy Case and Danielle Case. Upon reading the attached Affidavits, it appears to my satisfaction that this is a proper case in which service may be had by publication upon the Defendants Jeremy Case and Danielle Case, authorized by Section 15-9-730 and 15-9-720 of the Code of Laws of South Carolina (1976).

IT IS THEREFORE ORDERED, that the Summons shall be published in the Pickens Courier, a newspaper having general circulation in the Pickens County, South Carolina, once a week, on the same day of each week, for a period of three consecutive weeks, said publication being hereby designated as the one most likely to provide notice to Defendants Jeremy Case and Danielle Case.

G.E. Welmaker

JUDGE, THIRTEENTH

JUDICIAL CIRCUIT

Date: April 24, 2014

I SO MOVE:

JAMES C. ALEXANDER

ATTORNEY FOR PLANTIFFS

July 16, 23, 30

____________________________________

AMENDED SUMMONS AND NOTICE

NON JURY

STATE OF SOUTH CAROLINA

COUNTY OF PICKENS

IN THE COURT OF COMMON PLEAS

CASE # 2014-CP-39-36

JAMES C. ALEXANDER AND J. GREGORY LEWIS AS SOLE MEMBERS OF S AND W PROPERTIES, LLC, AND S AND W PROPERTIES, LLC, Plaintiffs, vs. CARRIE CASE, STANLEY O’NEAL CASE, KELSEY G. CASE, JEREMY CASE, NATASHA N. CASE, DANIELLE CASE, JESSICA CASE, AND ELIZABETH R. HYATT, Defendants.

TO THE DEFENDANTS ABOVE NAMED:

You are hereby summoned and required to answer the Complaint in this action a copy of which is herewith served upon you and which is filed in the office of the Clerk of this Court and to serve a copy of your Answer to the Complaint upon the subscriber at P.O. Box 618, 107 E. Main Street, Pickens, South Carolina, 29671 within thirty (30) days after the service hereof, exclusive of the day of such service. If you fail to answer the Complaint within that time, the Plaintiffs will be awarded default judgment against you for the relief demanded in the Complaint.

To minors over fourteen years of age, and/or to minors under fourteen years of age and the person with whom the minors 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, and 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.

RESPECTFULLY SUBMITTED,

JAMES C. ALEXANDER

ATTORNEY FOR PLAINTIFFS

POST OFFICE BOX 618

PICKENS, SOUTH CAROLINA 29671

864-898-3208

JANUARY 13, 2014

July 16, 23, 30

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SUMMONS

STATE OF SOUTH CAROLINA

COUNTY OF PICKENS

IN THE COURT OF COMMON PLEAS

CASE NO. 2014-CP-39-593

Bank of America, N.A., Plaintiff, -vs- Rees Timmerman Mitchell, T.P. Looper, and Pickens County Tax Collector Defendant(s)

TO THE DEFENDANT(S),

Rees Timmerman Mitchell

YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, and to serve a copy of your Answer on the subscribers at their offices, 1640 St. Julian Place, Columbia, South Carolina 29202, 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 the day of such service; and if you fail to answer the Complaint within the time aforesaid, the Plaintiff in this action will apply to the Court for a judgment by default granting 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 PERSON UNDER SOME LEGAL DISABILITY, INCOMPETENTS AND PERSONS CONFINED:

YOUR ARE FURTHER SUMMONED AND NOTIFIED to apply for the appointment of a Guardian ad Litem within thirty (30) days after service of this Summons and Notice upon you. If you fail to do so, application for such appointment will be made by the Plaintiff.

NOTICE OF FILING COMPLAINT

YOU WILL PLEASE TAKE NOTICE that the Summons and Complaint in the above-captioned action were filed on May 15, 2014, in the Office of the Clerk of Court for Pickens County, South Carolina.

Crawford & von Keller, LLC.

PO Box 4216

1640 St. Julian Place (29204)

Columbia, SC 29204

Phone: 803-790-2626

Attorneys for Plaintiff

July 16, 23, 30

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