The Transylvania Times -

Legal Notices for Sept. 19 -2013

 


STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13E279

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Ancillary Estate of Marlyne A. Lipfert a/k/a Marlyne Ann Lipfert of Luzerne County, Pennsylvania, this is to notify all persons having claim against the Estate of Marlyne A. Lipfert a/k/a Marlyne Ann Lipfert to present them to the undersigned on or before December 19, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: September 19, 2013

Robert Baldwin

342 Kunkle Road

Harveys Lake, PA 18618

Attorney:

H. Paul Averette

PO Box 348

Brevard, NC 28712

T09/19/4TC - 52864

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13-E-226

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Lydia Ann Lowe, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Lydia Ann Lowe to present them to the undersigned on or before December 5, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: September 5, 2013

Sharon Lowe Edwards

356 Oscar Chappell Road

Brevard, NC 28712

T09/05/4TP - 52670

IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania COUNTY

13SP110

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY TERRY T. GALLOWAY DATED NOVEMBER 21, 1997 AND RECORDED IN BOOK 270 AT PAGE 51 AND MODIFIED BY AGREEMENT RECORDED NOVEMBER 14, 2012 IN BOOK 633 AT PAGE 99 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 10:00AM on September 25, 2013 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 an iron pin near the northern margin of the 30 foot wide right-of-way of the private road and running thence South 14 deg. 48 min. 45 sec. East 15.11 feet to a point in the center of said road; thence with the center of the road eight calls as follows: South 67 deg. 14 min. 45 sec. West 49.95 feet to an iron pin; South 69 deg. 36 min. West 93.22 feet; South 84 deg. 49 min. 45 sec. West 201.95 feet; North 58 deg. 19 min. West 79.04 feet; South 80 deg. 32 min. West 87.24 feet; North 81 deg. 23 min. West 190.46 feet; North 54 deg. 48 min. 45 sec. West 55.16 feet; North 24 deg. 11 min. 15 sec. West 63.47 feet to an iron pin in the center of said road and also in the center of a second road; thence running with the center of this second road five calls as follows: South 53 deg. 38 min. East 108.18 feet; South 87 deg. 32 min. 30 sec. East 76.36 feet; North 80 deg. 11 min. 15 sec. East 103.54 feet; North 47 deg. 46 min. East 147.18 feet; North 81 deg. 03 min. 45 sec. East 101.19 feet; thence leaving this second road and running North 43 deg. 17 min. East 14.98 feet to an iron pin; thence North 43 deg. 17 min. East 51.68 feel to an iron pin; thence North 66 deg. 39 min. 30 sec. East 97.09 feet to an iron pin; thence South 72 deg. 19 min. 30 sec. East 101.81 feet to an iron pin; thence South 05 deg. 57 min. 15 sec. East 68.18 feet to an iron pin; thence South 14 deg. 48 min. 45 sec. East 117.83 feet to the point of BEGINNING. Containing 2.38 acres, more or less, as surveyed and platted by P. R. Raxter, RLS, in August, 1982.

There is also conveyed hereby and herewith a right-of-way to the Shoal Creek Road (North Carolina State Road No. 1327) over and along each of the two private roads hereinabove referred to, however, it is understood and agreed that this conveyance is made subject to the rights of all others who may be entitled to use those portions of said two private roads which traverse the land hereinabove described.

BEING that same property conveyedto Terry T. Galloway by Deed dated April 27, 1992 and recorded in Deed Book 350 at Page 434, Transylvania County Registry.

And Being more commonly known as: 162 Fudderback Rd, Balsam Grove, NC 28708

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Terry T. Galloway.

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. 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, the Substitute Trustee or the attorney of any of the foregoing.

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 September 4, 2013.

Grady I. Ingle or Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

13-049273

T09/12/2TC - 52718

RESOLUTION

Requesting Temporary Transfer of Voters to an Adjacent Precinct

WHEREAS, North Carolina General Statute 163-128(a) authorizes a county board of elections to request that voters from a given precinct be temporarily transferred, for the purpose of voting, to an adjacent precinct; and,

WHEREAS, the Town of Rosman on May 12, 2003 did annex an area located on Lyon’s Mountain Road owned by Marie H. Pettit and Thomas L. Hooper and wife, Katy H. Hooper; and,

WHEREAS, all of the annexed area and its residents are within the boundaries of Cathey’s Creek precinct while all other voters qualified to vote in Rosman municipal elections reside within the boundaries of the adjacent precinct, Rosman-Eastatoe; now,

THEREFORE, BE IT RESOLVED that the Transylvania County Board of Elections respectfully requests that the 21 registered voters and other residents of the newly annexed area who may become registered voters be temporarily transferred from Cathey’s Creek precinct to Rosman-Eastatoe precinct, for the purpose of voting in the Town of Rosman municipal elections only; and,

BE IT FURTHER RESOLVED that separate registration and voting records shall be maintained, consistent with the procedures prescribed by the State Board of Elections, to identify the voters temporarily assigned to Rosman-Eastatoe precinct as residents of Cathey’s Creek precinct; and,

BE IT FURTHER RESOLVED that upon adoption of this resolution notice shall be given as outlined in GS 163-128(a); and,

BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Executive Director of the State Board of Elections and the Chief Judge for Rosman-Eastatoe precinct.

This the 2nd day of August, 2013.

TRANSYLVANIA

COUNTY BOARD OF ELECTIONS

David P. Morrow, Chairman

ATTEST

John K. Barker, Secretary

Ladene H. Newton, Member

T09/19/1TC - 52808

STATE OF

North CAROLINA

TRANSYLVANIA COUNTY SUPERIOR COURT

File No. 13-E-278

NOTICE TO

CREDITORS

I have qualified as Administrator of the Estate of Thomas G. Davis, Jr., Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before December 19, 2013, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Administrator.

Dated: September 19, 2013

Frank M. Davis, Administrator

2719 Selwyn Avenue

Charlotte, NC 29209

Donald E. Jordan

4 West Main Street,

Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Administrator

T09/19/4TC - 52854

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

File No: 13 SP 106

NOTICE OF SALE

TAKE NOTICE THAT: Raintree Realty and Construction, Inc., Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as follows:

1. The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Brigitte Pfindel, A Single Person, original mortgagor, and recorded in the Office of the Transylvania County Register of Deeds in Deed of Trust Book DOC 327, at Page 707. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A

2. The property will be sold by the Substitute Trustee at 10:00 a.m. on the 26th day of September, 2013 at the Transylvania County Courthouse door in the City of Brevard, North Carolina.

3. The real property to be sold is generally described as Lot 26 of Sylvan Heights, Brevard, NC 28712* and is more particularly described as follows:

Being all of that property described in that certain Deed of Trust recorded in Book DOC 327, at Page 707 of the Transylvania County, North Carolina Registry.

Any property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Transylvania County, North Carolina Registry.

*The general description of the property is provided for convenience but is not guaranteed; the legal description in the Deed of Trust controls.

4. Any buildings located on the above-described property are also included in the sale.

5. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substitute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00).

6. All bidders bid for the property AS IS on the date of sale. Absolutely no warranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee.

7. The property will be sold subject to all unpaid taxes and special assessments.

8. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust.

9. 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 Public Law 111-22: Protecting Tenants at Foreclosure Act of 2009.

THIS the 22nd day of August, 2013.

SUBSTITUTE TRUSTEE:

RAINTREE REALTY AND CONSTRUCTION, INC.

Joel T. York, Vice-President

P.O. Box 8942

Asheville, NC 28814

Phone: 828-777-5250

T09/12/2TC - 52558

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 13-E-267

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Bruce F. Semans of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Bruce F. Semans to present them to the undersigned on or before December 5, 2013, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 5th day of September, 2013.

Dorothy P. Semans Personal Representative

c/o Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

ATTORNEY:

Michael K. Pratt

Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

828-884-4113

T09/05/4TC - 52691

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13-E-256

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Ella Raby Cilley, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Ella Raby Cilley to present them to the undersigned on or before December 5, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: September 5, 2013

Robert S. Cilley, Jr.

184 Valley View Drive

Pisgah Forest, NC 29768

T09/05/4TP - 52647

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13-E-274

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Clara Tinsley, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Clara Tinsley to present them to the undersigned on or before December 12, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: September 12, 2013

Willa Mae Smith

PO Box 2574

Brevard, NC 28712

T09/12/4TP - 52757

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13E262

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Joanna P. Tracy of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Joanna P. Tracy to present them to the undersigned on or before November 29, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 26, 2013

Katherine Annette Tracy

205 Choptank Road

Stafford, VA 22556

Attorney:

H. Paul Averette

PO Box 348

Brevard, NC 28712

T08/29/4TC - 52575

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13-E-263

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Alesia Gail Ridings, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Alesia Gail Ridings to present them to the undersigned on or before December 2, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 29, 2013

David Edward Ridings

1095 Melvin Hill Road

Campobello, SC 29322

T08/29/4TP – 52576

TOWN OF ROSMAN

NOTICE OF

ADOPTION OF ANNEXATION

ORDINANCE

The public will take notice that the Board of Aldermen of the Town of Rosman adopted an Ordinance pursuant to Chapter 160A, Article 4A, Part 4 of the General Statutes of North Carolina, annexing as of the 10th , day of September , 2013 the contiguous territory described below. Said Ordinance was adopted on the 10th day of September , 2013.

The territory annexed under said Ordinance is more particularly described as follows:

Being all that property described in Deed Book 454, Page(s) 79, in the office of the Register of Deeds for Transylvania County.

Angela H. Woodson,

Town Clerk

T09/19/1TC - 52800

 
 

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