STATE OF SOUTH CAROLINA
COUNTY OF CHESTER
IN THE COURT OF COMMON PLEAS
CASE NO. 2019-CP-12-00367
SUMMONS AND NOTICES
U.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation Trust,
PLAINTIFF,
VS.
Martha E. Presley a/k/a Martha Presley a/k/a Martha Welch; Mickey Bradley, as Personal Representative of the Estate of Gerald Ray Presley a/k/a Gerald R. Presley a/k/a Gerald S. Presley a/k/a Gerald Presley a/k/a Gerald Presley, Deceased; David Wayne Presley, individually, as Heir or Devisee of the Estate of Gerald Ray Presley a/k/a Gerald R. Presley a/k/a Gerald S. Presley a/k/a Gerald Presley, Deceased; and Sandra Kay Presley, individually, as Heir or Devisee of the Estate of Gerald Ray Presley a/k/a Gerald R. Presley a/k/a Gerald S. Presley a/k/a Gerald Presley, Deceased; and Any Heirs-at-Law or Devisees of individually, as Heir or Devisee of the Estate of Gerald Ray Presley a/k/a Gerald R. Presley a/k/a Gerald S. Presley a/k/a Gerald Presley, Deceased, their heirs or devisees, 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; and CitiMortgage, Inc.,
DEFENDANT(S).
(191121.00019)
TO THE DEFENDANTS ABOVE-NAMED:
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 your Answer on the subscribers at their offices, 2712 Middleburg Drive, Suite 200, Columbia, Post Office Box 2065, Columbia, South Carolina, 29202-2065, 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 Referee for Chester County, which Order shall, pursuant to Rule 53 (e) of the South Carolina Rules of Civil Procedures, 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 within thirty (30) days after the service of this Summons and Notice upon you. If you fail to do so, Plaintiff will apply to have the appointment of the Guardian ad Litem Nisi, Anne Bell Fant, made absolute.
NOTICE
TO THE DEFENDANTS:
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 Chester County, South Carolina on July 10, 2019.
PLEASE TAKE NOTICE that the order appointing Anne Bell Fant, whose address is PO Box 796, Simpsonville, SC 29681, as Guardian Ad Litem Nisi for all persons whomsoever herein collectively designated as Richard Roe, defendants herein whose names and addresses are unknown, including any thereof who may be minors, incapacitated, or under other legal disability, whether residents or non-residents of South Carolina; for all named Defendants, addresses unknown, who may be infants, incapacitated, or under a legal disability; for any unknown heirs-at-law of Gerald Ray Presley a/k/a Gerald R. Presley a/k/a Gerald S. Presley a/k/a Gerald Presley a/k/a Gerald Presley, including their heirs, personal representatives, successors and assigns, and all other persons entitled to claim through them; and for all other unknown persons with any right, title, or interest in and to the real estate that is the subject of this foreclosure action, was filed in the Office of the Clerk of Court for Chester County on the 18th day of July, 2019.
YOU WILL FURTHER TAKE NOTICE that unless the said Defendants, or someone in their behalf or in behalf of any of them, shall within thirty (30) days after service of notice of this order upon them by publication, exclusive of the day of such service, procure to be appointed for them, or any of them, a Guardian Ad Litem to represent them or any of them for the purposes of this action, the Plaintiff will apply for an order making the appointment of said Guardian Ad Litem Nisi absolute.
LIS PENDENS
NOTICE IS HEREBY GIVEN that an action has been commenced by the Plaintiff above named against the Defendant(s) above named for the foreclosure of a certain mortgage given by Gerald S. Presley and Martha E. Presley to Finance One of South Carolina, Inc., dated May 17, 1999, recorded May 20, 1999, in the office of the Clerk of Court/Register of Deeds for
Chester County, in Book 888 at Page 41; thereafter, said Mortgage was assigned to Household Finance Corporation II by assignment instrument dated December 10, 2003 and recorded January 5, 2004 in Book 1155 at Page 299; thereafter, assigned to U.S. Bank Trust, N.A., As Trustee For LSF10 Master Participation Trust by assignment instrument dated January 17, 2019 and recorded January 29, 2019 in Book 1758 at Page 229. The Note and Mortgage were subsequently modified by a Loan Modification Agreement dated September 2, 2016.
The description of the premises is as follows:
All that certain piece, parcel or tract of land, together with improvements thereon, if any, lying and being and situated in Chester County, South Carolina, known as Tract #33, containing 8.678 acres as shown on plat of Gold Mine Ranch, drawn by J.B. Fisher, SCRLS, dated May 23, 1989, revised June 27, 1989, recorded June 28, 1989 in Plat Cabinet B, Slide 116, Page 9, Office of the Clerk of Court for Chester County, South Carolina.
This being the same property conveyed to Gerald S. Presley and Martha E. Presley by Deed of Gene A. Daves dated September 6, 1996 and recorded December 13, 1996 in Book 708 at Page 226 in the Office of the Register of Deeds for Chester County. Subsequently, Gerald Ray Presley a/k/a Gerald R. Presley a/k/a Gerald S. Presley a/k/a Gerald Presley died intestate on or about December 16, 2016, leaving the subject property to his heirs, namely David Wayne Presley and Sandra Kay Presley, as shown in Probate Estate Matter Number 2017-ES-12-00150. Thereafter, Mickey Bradley was appointed Personal Representative of the Estate of Gerald Ray Presley a/k/a Gerald R. Presley a/k/a Gerald S. Presley a/k/a Gerald Presley, as shown in Probate Estate Matter Number 2017-ES-12-00150.
TMS No. 058-00-00-134-000
Property address:1166 Goldmine Road
Chester, SC 29706
________________________________
The Plaintiff is informed and believes that the Mortgage identified herein and given to the Plaintiff, which is the subject of this foreclosure action, contains a provision wherein it created and granted a security interest in favor of the Plaintiff in the following collateral:
One 1990 OCIL TEMPO mobile/manufactured home, Serial No. K2201DS2644GAA&B including any fixtures.
The Plaintiff is also informed and believes that the Defendant is presently in possession of the mobile/manufactured home and the Plaintiff is informed and believes it is entitled to possession and ownership of the mobile/manufactured home as a permanent fixture and/or improvement under the real estate mortgage of the Plaintiff as herein identified and the applicable common and statutory laws of South Carolina.
SCOTT AND CORLEY, P.A.
By: ____________________________
Ronald C. Scott (rons@scottandcorley.com), SC Bar #4996
Reginald P. Corley (reggiec@scottandcorley.com), SC Bar #69453
Angelia J. Grant (angig@scottandcorley.com), SC Bar #78334
Allison E. Heffernan (allisonh@scottandcorley.com), SC Bar #68530
Matthew E. Rupert (matthewr@scottandcorley.com), SC Bar #100740
Louise M. Johnson (ceasiej@scottandcorley.com), SC Bar #16586
Tasha B. Thompson (tashat@scottandcorley.com), SC Bar #76415
H. Guyton Murrell (guytonm@scottandcorley.com), SC Bar #64134
Craig T. Smith (craigs@scottandcorley.com), SC Bar #102831
ATTORNEYS FOR THE PLAINTIFF
2712 Middleburg Drive, Suite 200
Columbia, SC 29204
803-252-3340
07/25/19, 08/01/19, 08/08/19