The Transylvania Times -

Legal Notices for October 12,2015

 


13 SP 40

NOTICE OF

FORECLOSURE SALE

 

North Carolina, Transylvania COUNTY

 

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by George Harold Newman a/k/a Harold Newman and Virginia D. Newman to Trey Snider, Trustee(s), which was dated December 5, 1997 and recorded on December 9, 1997 in Book 270 at Page 665, Transylvania County Registry, North Carolina.

 

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on October 20, 2015 at 12:30PM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

 

First tract: Beginning at a stake in the East margin of a 15-foot drive, said stake standing N. 26 degrees 15 minutes E. 214.8 feet from the Southeast corner of the Bessie Martin property and the Southwest corner of the Paul Dodson property, and runs thence with the East margin of said drive, N. 26 degrees 15 minutes E. 100 feet to a stake in the South margin of a 15-foot drive; thence with the South margin of said drive, N. 62 degrees 54 minutes W. 90 feet to a stake; thence S. 27 degrees 6 minutes W. 100 feet to a stake; thence S. 62 degrees 54 minutes E. 90 feet to the beginning.

There is also conveyed a 15-foot right-of-way leading from the East Fork Road to the property hereby conveyed, said right-of-way to be relocated along the East boundary of the Bessie Martin property.

Second Tract: BEGINNING at a stake in the line of Charles Dodson Daves’ Southwest corner and runs thence with Daves’ line S. 64 degrees 30 minutes E. 157.5 feet to a stake; thence still with Daves’ line N. 26 degrees 15 minutes E. 100 feet to a stake in the South margin of a 15-foot drive, Daves’ S. 64 degrees 30 minutes E. 90 feet to a stake in the East margin of a 15-foot, leading to the East Fork Road; thence with the East margin of said 15-foot drive and with a fence S. 26 degrees 15 minutes W. 185 feet to a stake in the East margin of said 15-foot drive; thence North 64 degrees 30 minutes W. 246.9 feet to a stake in Charles Dodson’s line; thence with Dodson’s line N. 26 degrees E. 85 feet to the BEGINNING.

This conveyance is made subject to a right-of-way 15 feet in width lying along the East boundary line of the property herein conveyed.

 

Save and except any releases, deeds of release or prior conveyances of record.

 Said property is commonly known as 43 Barker Lane, Brevard, NC 28712.

 

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), which-ever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

 

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of 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.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are All Lawful Heirs of George Harold Newman.

 

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 by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2) effective 10/1/2015]. 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.

 

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive

Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

 

File No .: 11-20702-FC01

M/10/05/2TC - 60235

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Notice of Public Hearing

City of Brevard

Proposed Amendments to Unified Development Ordinance

The Brevard City Council will hold a public hearing on Monday, October 19, 2015. 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 text amendments to the Brevard City Code, Unified Development Ordinance: Chapter 8. Tree Protection and Landscaping, Subsect-ion 8.2.L, to modify requirements for tree removal on private property.

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.

This 30th day of September, 2015.

Desiree Perry

City Clerk

M/10/05/2TC - 60246

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Notice of Public Hearing

City of Brevard

Proposed Amendments to City of Brevard Code of Ordinances+

The Brevard City Council will hold a public hearing on Monday, October 19, 2015. 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 text amendments to the Brevard City Code: Chapter 34. Flood Damage Prevention. Amend to update references to FEMA documents, add missing definitions, and modify the “no-rise” requirements for public utility projects.

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.

This 30th day of September, 2015.

Desiree Perry

City Clerk

M/10/05/2TC - 60248

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Notice of Public Hearing

City of Brevard

Proposed Amendments to City of Brevard Code of Ordinances

The Brevard City Council will hold a public hearing on Monday, October 19, 2015. 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 text amendments to the Brevard City Code: Chapter 62. Streets, Side-walks, and Other Public Ways. Article I, Subsection 62.1, to modify standards for alleyways closed to vehicular traffic.

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.

This 30th day of September, 2015.

Desiree Perry

City Clerk

M/10/05/2TC - 60247

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NOTICE TO

CREDITORS

Having qualified as Executor of the Estate of GERTRUDE A. JOHNSON, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned on or before the 5th day of January, 2016, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned. This the 5st day of October, 2015.

James E. Johnson, Executor

1050 Illahee Road

Brevard, NC 28712

Attorney:

Micah L. Cooper

Attorney

Cooper Law Firm, P.C.

28 Schenck Parkway, Building 2B

Suite 200

Asheville, NC 28803

M/10/5/4TC -60251

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Notice of Public Hearing

City of Brevard

Adoption of 2015 Comprehensive Plan

The Brevard City Council will hold a public hearing on Monday, October 19, 2015. 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:

Adoption of the 2015 Comprehensive Plan. The Comprehensive Plan helps guide the City’s long-term policy decisions to ensure orderly growth and development that achieves the City’s vision over the next 20 years.

The public is invited to attend this public hearing and make comment, either in favor of or in opposition to the proposed 2015 Comprehensive Plan. The proposed Plan is 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.

This 30th day of September, 2015.

Desiree Perry

City Clerk

M/10/05/2TC - 60245

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STATE OF

North CAROLINA

TRANSYLVANIA

COUNTY SUPERIOR COURT

File No. 15-E-81

NOTICE TO

CREDITORS

I have qualified as Administrator CTA of the Estate of John L. Olewine, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before January 5, 2016, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Administrator CTA.

Dated: October 5, 2015

Jane O. Manderfield, Administrator CTA

10189 Hillgrass Circle

Colorado Springs, CO 80902

Donald E. Jordan

4 West Main Street,

Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Administrator CTA

M/10/5/4TC - 60249

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 15-E-265

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Mildred E. Patzig of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Mildred E. Patzig to present them to the undersigned on or before December 28, 2015 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 28th day of September, 2015.

Lynne Jean Patzig, Exec.

4 Salem Ave.

Asheville, NC 28804

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West

Ste. 102

Brevard, NC 28712

828-884-6575

#13630

M/9/28/4TC - 60186

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STATE OF

North CAROLINA IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

Transylvania BEFORE THE CLERK

FILE NO. 15-E-62

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of George H. Hughes of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of George H. Hughes to present them to the undersigned on or before December 21, 2015,

or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 21st day of September, 2015.

Elaine R. Hughes 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

M9/21/4TC-60107

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STATE OF

North Carolina

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 15E269

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Administrator of the Estate of James Ellis Bullock of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of James Ellis Bullock to present them to the undersigned on

or before January 5, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: October 5, 2015.

Kathy Lynn McCall

PO Box 1253

Rosman, NC 28772

M/10/05/4TP - 60236

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STATE OF

North CAROLIN

A IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 15E

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Co-Executors of the Estate of Blanche J. Dobbs of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Blanche J. Dobbs to present them to the undersigned on or before December 21, 2015 or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

Dated: September 21, 2015

Thomas M. Dobbs

233 Kennedy St. #605

Winnipeg, Manitoba, Canada R3C3J5

Amy E. Hertz

2216 Fynch St.

Hendersonville, NC 28791

Attorney:

Shelton Jones

5 Park Place East #201

Brevard NC 28712

M/9/21/4TP - 60106

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STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 15E269

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Administrator of the Estate of Nancy Gorman of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Nancy Gorman to present them to the undersigned on or before January 5, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: October 5, 2015.

Edward Hombordy, Executor

126 S. College Row

Brevard, NC 28712

Attorney:

Shelton Jones

5 Park Place East #201

Brevard, NC 28712

M/10/05/4TP 60250

 
 

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