The Transylvania Times -

Legal Notices for Sept. 9 2013

 


12-SP-140 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 Tammy Edwards Hall and Ronald Dean Hall, dated April 12, 2004 and recorded on May 19, 2004 in Book No. 233 at Page 497 in the Office of the Register of Deeds of Transylvania County, North Carolina; and because of default in the payment of the indeb-tedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebted¬ness 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 September 17, 2013 at 10:00AM 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 particularly described in the above referenced Deed of Trust. Address of property: 16 Acorn Lane, Pisgah Forest, NC 28768. Tax Parcel ID: 9517047964 Present Record Owners: Tammy Edwards Hall and Ronald Dean Hall. 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. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed. 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 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 its 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. Rogers Townsend & Thomas, PC, Substitute Trustee (803)744-4444, 113470-00870 P1057366 9/9, 09/16/2013

M09/09/2TC - 52619

13-SP-34 AMENDED 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 Amy Michelle Mackey and Matthew Guy Mackey, dated August 18, 2004 and recorded on August 19, 2004 in Book No. 247 at Page 662 in the Office of the Register of Deeds of Transylvania County, North Carolina; and because of default in the payment of the indeb¬tedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebted¬ness 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 September 17, 2013 at 10:00AM 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: 17 David Court, Brevard, NC 28712. Tax Parcel ID: 8541-84-8971-002 Present Record Owners: Amy Michelle Mackey and Matthew Guy Mackey. 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. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed. 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 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 its 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. Rogers Townsend & Thomas, PC, Substitute Trustee (803)744-4444, 112426-00410 P1056976 9/9, 09/16/2013

M09/09/2TC - 52565

Advertisement for Bids

Rosman Elementary Playground Repair

Transylvania County Schools is soliciting bids for playground repair at Rosman Elementary School. Bids must be received by Thursday September 26, 2013, at 3:00 pm at the Transylvania County Schools Business Services Department, 225 Rosenwald Ln, Brevard, NC 28712. For complete bid information or to schedule a site visit please call Norris Barger at 828-884-6173.

M+T09/02/4TC - 52638

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 11-E-319

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Jack Jervis Johnson, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Jack Jervis Johnson to present them to the undersigned on or before November 18, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 19, 2013

David C. Johnson

126 Placid Drive

Brevard, NC 28712

M08/19/4TP - 52448

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13-E-231

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of John Robert Linville, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of John Robert Linville to present them to the undersigned on or before November 19, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 19, 2013

Mary H. Linville

3759 Island Ford Road

Brevard, NC 28712

M08/19/4TP - 52449

Notice of Public Hearing

Proposed Amendments to Brevard City Code,

Unified Development Ordinance

to Allow Mobile Food Vendors

The Brevard City Council will hold a public hearing on Monday, September 16, 2013. 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:

Request for text amendment to amend Chapter 2 District Provisions and Chapter 3 Additional Use Standards, of Brevard Unified Development Ordinance. The proposed amendments, if approved, would allow mobile food vendors as an allowable use within NMX, DMX, CMX, IC and GI zoning districts, and establish a list of standards applicable for mobile food vendors.

The public is invited to attend this public hearing and make comment, either in favor of or in opposition to the proposed text amendments. The proposed text amendments are available for review and are on file in the Brevard Planning Department and available for public inspection during normal hours, Monday-Friday, 8:30 a.m.-5:00 p.m. For additional information you may call the City Planning Department at (828) 885-5630.

Meeting facilities are handicap accessible and anyone needing special assistance should call the City Clerk at (828) 885-5614 at least 72 hours prior to the scheduled meeting.

This 26th day of August, 2013.

Desiree D. Perry,

CMC, NCCMC

City Clerk

M09/02/2TC - 52577

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13E240

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Bernice S. Scruggs of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Bernice S. Scruggs to present them to the undersigned on or before November 26, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 26, 2013

Sharon S. Edwards

492 Parris Drive

Forest City, NC 28043

Attorney:

H. Paul Averette

PO Box 348

Brevard, NC 28712

M08/26/4TC - 52557

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13-E-257

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Co-executor of the Ancillary Estate of Gregory K. Martin of Horry County, South Carolina, this is to notify all persons having claim against the Estate of Gregory K. Martin 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: September 2, 2013

Julia J. Land

George H. Martin Jr.

Tamra M. Hendrick

112 Park Ave.

Conway, SC 29526

Attorney:

Shelton Jones

5 Park Place E. #201

Brevard, NC 28712

M09/02/4TP - 52669

 
 

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