The Transylvania Times -

Legal Notices For August 27, 2015

 


STATE OF

North CAROLINA

TRANSYLVANIA

COUNTY SUPERIOR COURT

File No. 15-E-212

NOTICE TO

CREDITORS

I have qualified as Executor of the Estate of Mary Jane Harrison, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate of Mary Jane Harrison must present them to the undersigned on or before November 13, 2015, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: Aug. 13, 2015

Mary Jean Cantrell

PO B 1576

Brevard, NC 28712

T/8/13/4TC - 59790

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STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

COUNTY OF

TRANSYLVANIA SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO: 15-E-230

IN THE MATTER OF THE ESTATE OF

LARRY A. HARRIS, JR.

EXECUTOR’S NOTICE

Having qualified as Executrix of the Estate of LARRY A. HARRIS, JR. of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of LARRY A. HARRIS, JR. to present them to the undersigned on or before November 20, 2015, or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

This the 20th day of August, 2015.

Larry A. Harris

4343 Riverside Drive,

Apt B1

Dayton, OH 45405

T/8/20/4TC - 59853

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AMENDED NOTICE OF FORECLOSURE SALE

15 SP 48

Under and by virtue of the power of sale contained in a certain Deed of Trust made by William E. Bentley, Sr., David L. Dobbins, Jr. and Stephanie M. Dobbins to W.R. Starkey, Jr., Trustee(s), dated the 31st day of July, 2008, and recorded in Book 467, Page 837, and Amendment in Book 483, Page 533, in Transylvania County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Transylvania County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Brevard, Transylvania County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on September 9, 2015 and will sell to the highest bidder for cash the following real estate situated in the Township of Little River, in the County of Transylvania, North Carolina, and being more particularly described as follows:

LYING AND BEING IN LITTLE RIVER TOWNSHIP, Transylvania, NORTH Carolina; BEING all of Lot 3 of Dusty Meadows Subdivision as set forth on a plat thereof which said plat is recorded in Plat File 10, Slide 957, Transylvania County Registry. Together with improvements thereon, said property located at 197 Ladybug Lane, Penrose, North Carolina. TOGETHER with the perpetual non-exclusive right of way for ingress and egress and regress along Ladybug Lane to Jeter Mountain Road (a public road) as set forth and described in Plat File 10, Slide 957 and Plat File 8, Slide 456, Transylvania County Registry. SUBJECT ALSO to Restrictive Covenants and Conditions for Dusty Meadows as recorded in Document Book 225, Page 75 of the Transylvania County Registry.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

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/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, 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.

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.

If the 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 include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm

P.O. Box 1028

4317 Ramsey Street

Fayetteville,

North Carolina 28311

Phone No: (910) 864-3068

https://sales.hutchenslaw firm.com

Case No: 1155871 (FC.FAY)

T/8/27/2TC - 59899

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IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY LAWRENCE R. OWEN AND DOROTHY L. OWEN DATED

NOVEMBER 4, 1999 AND RECORDED IN BOOK 312 AT PAGE 177 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 11:30AM on September 2, 2015 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:

Tract I: BEGINNING on a concrete right-of-way monument in the southeastern margin of the new US Highway 64 and runs thence with said right-of-way, South 48 degrees 47 minutes West 30.5 feet to an iron pin, corner of the Grantees; thence South 23 degrees 38 minutes West (with the Grantees’ line 130.30 feet to an iron pin) 168.10 feet to an iron pin, corner of the Cherryfield Baptist Church property; thence with said church line and the line of Mrs. J.N. Morris, South 55 degrees 33 minutes East (passing an iron pin at 54.34 feet, and an another iron pin on the northwest side of the Whitmire Road, SR 1128, at 400.85 feet) 416.85 feet to a point in the center line of Whitmire Road ; thence with the center line of said road, North 42 degrees 45 minutes East 107.32 feet to a point; thence leaving said road, North 46 degrees 48 minutes West (passing an iron pin on the northeast side of said road at 16 feet) 402.84 feet to an iron pin ; thence North 17 degrees 08 minutes West 72.75 feet to an iron pin in the right-of-way fence with marks the southeastern margin of the new US Highway 64; thence with said right-of-way fence, South 40 degrees 31 minutes West 17.29 feet to the BEGINNING. Containing 1.40 acres, more or less, as surveyed and platted by HW Ashworth, RLS, March 27, 1978. Tract II: BEGINNING at an iron pin located in the southeastern margin of the right-of-way of new US Highway 64, said iron pin being a common corner of the Grantor and property now or formerly belonging to Whitmire, and runs thence leaving the margin of said right-of way and along the property line of Whitmire, South 55 degrees 53 minutes East, passing through an iron pin at 465.17 feet, a total distance of 481.74 feet to a railroad spike in the center of Whitmire Road; thence leaving the property line of Whitmire and along the center of said road the following two (2) calls; South 53 degrees 17 minutes West 60.71 feet to a stake and South 43 degrees 37 minutes West 102.50 feet to a railroad spike in the property line of Owen; thence leaving the center of said road and along the property of Owen, North 46 degrees 48 minutes West, passing through an iron pin at 15.99 feet, a total distance of 402.60 feet to a stake ; thence still along the property line of Owen, North 17 degrees 17 minutes West 72.67 feet to an iron pin located in the southeastern margin of the right-of-way, North 44 degrees 56 minutes East 50.66 feet to the BEGINNING. Contain-ing 1.30 acres, more or less, as surveyed and plattted by PR Raxter, RLS, on December 28, 1979.

And Being more commonly known as: 1994 Whitmire Rd, Brevard, NC 28712

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Estate of Dorothy Owen.

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 August 12, 2015.

Grady I. Ingle or

Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

15-071514

T/8/20/2TC - 59852

IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania

COUNTY

11SP195

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MICHAEL DENNIS BAXLEY AND

CHARLOTTE

BAXLEY DATED

JANUARY 26, 2007 AND RECORDED IN BOOK 392 AT PAGE 691 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 1:00PM on August 28, 2015 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:

Being all of that 10.524 acre tract of land more particularly described as Parcel “A” on that plat recorded in File 10 at Slide 600, Transylvania County Registry, reference to which is hereby made for a more particular description of said tract

And Being more commonly known as: 1940 Whit-mire Rd, Brevard, NC 28712

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Michael Dennis Baxley and Charlotte Baxley.

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 Poss-ession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after Oct-ober 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 July 30, 2015.

10-004744

Jonathan Blake Davis

Attorney for the Substitute Trustee

10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

T/8/20/2TC - 59686

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STATE OF

North CAROLINA

TRANSYLVANIA

COUNTY SUPERIOR COURT

File No. 15-E-163

NOTICE TO

CREDITORS

I have qualified as Executor of the Estate of Frances Cunningham Pledger, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before November 13, 2015, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: August 13, 2015

Margaret P. Hansen, Executor

246 Probart Street

Brevard, NC 28712

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8736

Attorney for the Executor

T/8/13/4TP - 59794

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NOTICE OF

FORECLOSURE SALE 15 SP 44

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Ernest Maze Eubanks aka Ernest M. Eubanks and Martha H. Eubanks (PRESENT RECORD OWNER(S): Ernest M. Eubanks and Martha H. Eubanks) to Mtnbk, Ltd., Trustee(s), dated the 31st day of March, 2009, and recorded in Book DOC 492, Page 744, in Transylvania County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Transylvania County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Brevard, Transylvania County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on September 9, 2015 and will sell to the highest bidder for cash the following real estate situated in the County of Transylvania, North Carolina, and being more particularly described as follows:

BEGINNING on an existing iron pin, the Southeastern corner of that property owned by Clyde Hewett described in Deed Book 281 at Page 685 and Deed Book 226 at Page 702 in Transylvania County Registry: and thence running with the Hewett line, North 02 deg. 02 min. 17 sec. East 1,019.82 feet just West of a well, and then crossing a well to an existing iron pin, the Northeastern corner of Rodney Getz whose property is described in Deed Book 385 at Page 602 and Deed Book 419 at Page 18; and running thence with the Southern boundary of Frank Hatch whose property is described in Deed Book 262 at Page 155, South 85 deg. 00 min. 00 sec. East 125.83 feet to an iron pin set; thence South 02 deg. 02 min. 17 sec. West 1,014.14 feet to an existing iron pin in the Northern margin of Little River Road; thence with the Northern margin of Little River Road, North 87 deg. 35 min. 13 sec. West 125.67 feet to the existing iron pin and point of BEGINNING. Containing 2.93 acres, as surveyed and platted by William G. Bradley, PLS, on an unrecorded plat dated March 22, 205. Together with improvements located thereon; said property being located at 3897 Crab Creek Road, Penrose, North Carolina. For deed reference see deed found in Deed Book 302 at Page 138 in the Transylvania County Registry.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

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/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, 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.

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.

If the 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 include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

Phone No: (910) 864-3068

https://sales.hutchenslafirm.com

Case No: 1159488 (FC.FAY)

T/8/28/2TC - 59902

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STATE OF

North Carolina

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 15E224

EXECUTOR’S —- ADMINISTRATOR’S

NOTICE

Having qualified as Co-Executors of the Estate of Helen Austin Cochran of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Helen Austin Cochran to present them to the undersigned on or before November 6, 2015 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 6, 2015

Gregory K. Cochran

6404 Old Hendersonville Hwy.

Pisgah Forest, NC 28768

(828) 553-0428

John A. Cochran

241 Valeria Drive

Pisgah Forest, NC 28768

T/8/6/4TP - 59717

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The Transylvania County Juvenile Crime Prevention Council (JCPC) announces the availability of in intervention and prevention funds for services to youths most at risk of court involvement. JCPC funds require a local cash or in-kind match of 30%.

Based on the JCPC Risk and Needs Assessment conducted to date, the risk factors affecting Transylvania County have been identified to be the following:

• The elevated number of youth under the age of 12 who are at risk of committing their first delinquent offense

• The elevated number of youth with prior referrals

• The elevated number of youth with prior f-1 felony or a-1 misdemeanor

• The elevated number of youth who have a known use of alcohol and/or illegal drugs

• The elevated number of youth who have school behavior problems

• The elevated number of youth who lack pro-social peers

• The elevated number of youth who lack parents that are able to supervise them

The JCPC planning process conducted to date, detected service intervention needs to address the following areas:

• Lack of involvement with pro-social peers

• High levels of school behavior problems

• Increased rate of substance abuse in youth

• Abuse/neglect, a lack of support of victims of abuse/neglect

• Mental health assessment for youth

• Conflict in the home

The Transylvania County JCPC will consider proposals for the following needed programs:

1. Interpersonal Skills

2. Parent Family Skill

Building

3. Vocational 6. Teen Court 4. Tutoring

5. Experiential Skill Building

All applicants will be required to attend a Program Agreement Orientation Session scheduled on SEPT 18th, 2015 at 9:00 a.m. in the Conference room at the Administration Offices of the Transylvania Schools at 225 Rosenwald Lane in Brevard, NC 28712

http://www.ncdps.gov/index2.cfm?a=000003,002476,002483,002482,002514

After submitting the application in NC ALLIES, print and submit ONE hard copy to Trisha Hogan on

. at County Administration Building, 101 S Broad Street, Brevard, NC 28712

Both the paper and electronic copies must be received for a program to be considered.

Local public agencies, 501 (c) (3) non-profit corporations and local housing authorities wishing to submit applications for programs to provide any of these intervention services may contact the JCPC Administrator or Area Consultant for more information:

Mel Brown or JCPC Administrator

mailto: mel@brevardcoworking.com

Massey Whiteside

Area Consultant

Department of Juvenile Justice and Delinquency Prevention 828-250-3809

T/8/27/1TC - 59906

 
 

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