The Transylvania Times -

Legal Notices For 7-9-12

 


 12-SP-12sp054

 NOTICE OF

SUBSTITUTE TRUSTEE’S

FORECLOSURE SALE OF REAL PROPERTY

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by J. Alvin Bishop and wife, Sherry M. Bishop, dated February 25, 1994 and recorded on February 25, 1994, in Book 219 at Page 208, in the Office of the Register of Deeds of Transylvania County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Transylvania County Courthouse, in Brevard, North Carolina, on Tuesday, July 17, 2012 at 10:30 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Pisgah Forest, County of Transylvania, State of North Carolina, and being more particular described as follows:

See legal description as referenced in Deed of Trust recorded on 02/25/1994 in Book 219 at Page 208.

Address of Property: 997 Wilson Road, Pisgah Forest, NC 28768

Present Record Owner: J. Alvin Bishop; Sherry M. Bishop; Spouse, if any of J. Alvin Bishop; and Spouse, if any of Sherry M. Bishop

The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder.  The Substitute Trustee reserves the right to require a cash deposit or a certified check not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred fifty Dollars ($750.00). In the event that the holder is exempt from paying the same, the successful bidder may also be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax, and the tax required by N.C.G.S. §7A-308 (a)(1).

The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments.  Other conditions will be announced at the sale.  The sale will be held open for ten (10) days for upset bids as by law required.

If the Substitute Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey title include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without knowledge of the Substitute Trustee(s).  If the validity of the sale is challenged by any party, the Substitute Trustee(s), in its/their sole discretion, if it/they believe(s) the challenge to have merit, may declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

Additional Notice where the Real Property is Residential with less that 15 Rental Units:

An order for possession of the property may be issued pursuant to G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the County in which the property is sold.  Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days written notice to the landlord.  Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of termination.

Dated:  June 27, 2012

The Hunoval Law Firm, PLLC, Attorney for

Poore Substitute Trustee,

LTD as

Substitute Trustee

(704) 334-7114

M07/02/2TC

7645

11-SP-174

NOTICE OF

SUBSTITUTE TRUSTEE’S

FORECLOSURE SALE OF REAL PROPERTY

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Lorena Silverman-Nye and Dean Brown Nye, dated October 21, 1997 and recorded on October 29, 1997, in Book No. 268, at Page 547 in the Office of the Register of Deeds of Transylvania County, North Carolina; and because of default in the payment of the indebted-ness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the under-signed Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Transylvania County Courthouse, Brevard, North Carolina on July 17, 2012 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Brevard, County of Transylvania, State of North Carolina, and being more particularly described in the above referenced Deed of Trust.

Address of property: 2 Turkey Pen Gap Road,

Brevard, NC 28768

Tax Parcel ID: 9519-20-1768

Present Record Owners:Lorena Silverman-Nye

a/k/a Lorena H. Silverman

The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax.

The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If a third party is the high bidder at the time of sale confirmation, the third party will have fifteen (15) days following the sale confirmation to remit the balance of his/her bid to the Trustee. In the sole discretion of the Trustee, an extension may be granted, but in that instance, if required by the noteholder or loan servicer, the bidder shall be required to pay per diem interest at the current rate on the note secured by the deed of trust described herein until the day he/she remits the balance of his/her bid to the Trustee.

If for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in it’s sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee.

Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units:

An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009.

Witness: Assistant/Deputy Clerk of Superior Court

Rogers Townsend & Thomas, PC, Substitute Trustee

By: Attorney at Law

Rogers Townsend &

Thomas, P.C.

Substitute Trustee

2550 West Tyvola Road

Suite 520

Charlotte, NC 28217

(704)442-9500

M07/09/2TC

IN THE GENERAL

COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT

DIVISION

TRANSYLVANIA

COUNTY

12SP46

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY KENT KORB AND CALISTA KORB DATED

FEBRUARY 26, 2007 AND RECORDED IN BOOK 396 AT PAGE

505-516 IN THE

Transylvania County PUBLIC

REGISTRY, North CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:30 AM on July 23, 2012 the following described real estate and any other improvements which may be situated thereon, in Transylvania County, North Carolina, and being more particularly described as follows:

BEGINNING at a one-half inch iron rod found in the line of the Hines property as described in Deed Book 277, page 466, Transylvania County Registry, said iron rod being located South 43 deg. 14 min. 27 sec. West 741.53 feet from a nail set in the center of U.S. Highway No. 64 at its intersection with Upper Whitewater Road (State Road No. 1152) and runs thence from said Beginning point, South 69 deg., 11 min. 40 sec. East 84.47 feet to a one-half inch iron rod set; thence continuing South 69 deg. 11 min. 40 sec. East 18.04 feet to an unmarked point located in the center of an existing gravel private drive; thence South 03 deg. 10 min. 18 sec. West, 33.74 feet to an unmarked point near the east margin of said drive; thence South 34 deg. 13 min. 36 sec. West 87.07 feet to an unmarked point near the west margin of said drive;. thence South 11 deg. 10 min. 55 sec. West 96.79 feet to an unmarked point located in the private drive; thence leaving said drive, South 66 deg. 11 min. 48 sec. West 12.21 feet to a one-half inch iron rod found; thence South 66 deg. 11 min. 48 sec. West 87.79 feet to a one-half inch iron rod found, said iron rod being located North 61 deg. 58 min. West 35.9 feet from the northwest corner of a house located on the Nash property described in Deed Book 236, page 736, Transylvania County Registry; thence with the line of the, Boyd property, North 19 deg. 49 min. 45 sec. West 140.46 feet to a one-half inch iron rod found; thence with the line of the Hines property, North 37 deg. 57 min. 32 sec. East 75.01 feet to a one-half inch iron rod found; thence North 37 deg. 47 min. 24 sec. East 109 feet to the Beginning. Continuing 0.75 acres, more or less, as surveyed and platted’ by E; Roger Raxter, RLS, on March 31, 1992, and being’ the same land described in two deeds from Thomas, Michael Willis and wife, Nancy F. Willis to Cecil R. Stewart and wife, Peggy G. Stewart, recorded in Deed Book 230, page 792, and Deed Book 233, page 370, Transylvania County Registry.

There is also conveyed herewith a one-eighth undivided interest in and to the well located on that certain 3.43 acre tract of land owned now or formerly by Thomas Michael Willis ‘and wife, Nancy F. Willis together with the right to go upon said property for the purpose of constructing, maintaining and repairing a waterline and for the purpose of inspecting and maintaining the, well, pump and waterline.

This conveyance is made subject to the requirement that the Grantees, their heirs and assigns, shall pay their proportionate share of the cost of operating and maintaining the well and pump.

There is further conveyed the right to use the existing gravel private drive which leads from Upper Whitewater Road (State Road No. 1152) to the property herein conveyed, said right-of-way to be used in common with others having the right to use the same.

This conveyance is made subject to the right-of-way of the private road hereinabove referred to which currently traverses the property, to the rights-of-way of all other roads which may currently traverse the property, to all road rights-of-way which may currently appear of record, to the rights-of-way of all utility lines which may currently traverse the property and to all rights-of-way for uility lines which may currently appear of record.

And Being more commonly known as: 76 Tuning Fork Dr, Sapphire, NC 28774

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Kent Korb and Calista Korb.

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale.

 SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is June 22, 2012.

12-023333

Jacqueline Summer Hunt

Attorney for the Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

M07/09/2TC

RESOLUTION

Concerning the Counting of Absentee Ballots

WHEREAS, North Carolina General Statute 163-234 authorizes a county board of elections to establish a place and a time between the hours of 2:00 p.m. and 5:00 p.m. on election day for the counting of absentee ballots; and,

WHEREAS, NCGS 163-234 also authorizes a county board of elections to meet in the board office on election day for the purpose of counting absentee ballots; now,

THEREFORE, BE IT RESOLVED by the Transylvania County Board of Elections that

1) The Transylvania County Board of Elections shall meet at 2:00 o’clock p.m. on Tuesday, July 17, 2012 in the office of the Board, 221 Gaston Street, Brevard, North Carolina, to count absentee ballots.

2) Any voter of the county may attend this meeting and observe the count.

3) The results of the absentee ballot count will not be announced before the close of polls on that day.

BE IT FURTHER RESOLVED that this resolution be published in The Transylvania Times once each week for two weeks prior to the Second Primary to be held on July 17, 2012.

This the 1st day of June, 2012.

Transylvania COUNTY

BOARD OF ELECTIONS

John R. Hudson, Jr., Chairman

ATTEST:

David P. Morrow, Member

M07/02/2TC

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 12E047

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Laura C. Holley of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Laura C. Holley to present them to the undersigned on or before September 21, 2012 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: June 21, 2012

Laura C. Holley

PO Box 5224

Aiken, SC 29804

Henry Earle Holley, III

2275 Silver Bluff Rd.

Aiken, SC 29803

Attorney:

Wm. Ray Massey

210 Colony Pkwy., SE

Aiken, SC 29803

M06/25/4TP

North CAROLINA

TRANSYLVANIA

COUNTY

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

BEFORE THE CLERK

FILE NO: 12-E-148

In the Matter of the Estate of:

JEANNETTA SCOTT KILGORE, Deceased.

NOTICE TO CREDITORS

Having qualified as the Administrator of the Estate of Jeannetta Scott Kilgore, ALL PERSONS, FIRMS, AND CORPORATIONS having claims against JEANNETTA SCOTT KILGORE, deceased, late of Los Angeles County, State of California, are notified to exhibit the same to the undersigned on or before October 2, 2012 or this notice will be pleaded in bar of recovery. Debtors of the deceased are asked to make immediate payment. This is the 2nd day of July, 2012.

Ladson F. Hart

Estate Personal

Representative

P.O. Box 752

Brevard, NC 28712

LADSON F. HART

Estate Personal

Representative

P.O. Box 752

Brevard, NC 28712

Tel: (828) 884-2157

Fax: (828) 884-2165

M07/02/4TC

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 12-E-152

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Personal Reprensentative of the Estate of Charles T. Elliott of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Charles T. Elliott to present them to the undersigned on or before October 2, 2012 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 2, 2012

Debra J. Wittmer, Personal Reprensentative

C/O Ramsey & Pratt, P.A.

35 North Gason Street

Brevard, NC 28712

Michael K. Pratt

Ramsey & Pratt, P.A.

35 North Gaston Street

Brevard, NC 28712

828-884-4113

M07/02/4TC

STATE OF

North CAROLINA

IN THE GENERAL

COURT OF JUSTICE

DISTRICT COUR

T DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO .: 12-CVD-224

GREGORY L. WOODRING

Plaintiff,

v.

NOTICE OF SERVICE

OF PROCESS BY

PUBLICATION

DAWN DENISE WOODRING,

Defendant.

To Dawn Denise Woodring, the Defendant in the above entitled matter:

Take notice that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is as follows: Absolute Divorce.

You are required to make defense to such pleading no later than the 30th day of July, 2012, said date being 40 days from the first publication of this notice, or from the date Complaint is required to be filed, whichever is later; and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought.

This the 13th day of June ,2012.

DONALD H. BARTON

Attorney for the Plaintiff

State Bar # 7598

205 East Main Street

Post Office 1209

Brevard, NC 28712

(828) 883-4020 Telephone

(828) 885-2835 Telefax

M06/18/4TP

NOTICE OF PUBLIC HEARING

CITY OF BREVARD

Proposed Amendments to the City of Brevard

Code of Ordinances

The Brevard City Council will hold a public hearing on Monday, July 16, 2012. The hearing will begin at 7:00 p.m. or as soon thereafter as possible in the Council Chambers of the Municipal Building located at 95 West Main Street to consider the following, proposed amendments to the City of Brevard Code of Ordinances:

1) Brevard City Code, Chapter 10. Amusements, Section 10-82, to remove City Council from the licensing and permitting procedures for game rooms.

2) Brevard City Code, Unified Development Ordinance, Chapter 4, Section 4.7, to include Inherited Property Subdivisions as a category of Minor Subdivision, with standards.

3) Brevard City Code, Unified Development Ordinance, Chapter 4, Section 4.7, to include conservation subdivisions as a category of Minor Subdivision, with standards.

The public is invited to attend this public hearing and make comment, either in favor of or in opposition to the proposed amendments. The documentation is on file available for public inspection online at http://www.cityofbrevard.com/planning, and at the City Planning Department, 95 West Main St., Brevard, NC 28712, during regular business hours, Monday-Friday, 8:30 a.m. - 5:00 p.m.

This 28th day of June, 2012.

Desiree D. Perry

City Clerk

M07/02/2TC

 
 

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