The Transylvania Times -

Legal Notices for April 28, 2016

 


NOTICE OF

JUNE 7, 2016

CONGRESSIONAL PRIMARY

Transylvania COUNTY, North CAROLINA

Notice is hereby given pursuant to GS 163-33(8) that a congressional primary election will be held on Tuesday, June 7, 2016 in Transylvania County, North Carolina to vote in the following contests: NC Supreme Court Associate Justice and Congressional offices of DEMOCRATIC: US House of Representatives District 11. Polls will be open from 6:30 AM to 7:30 PM. The polling places for each precinct will be located at:

• Boyd – North Transylvania Fire Department, 5299 Asheville Hwy., Pisgah Forest;

Brevard #1 – Community Services Conference Room, 98 E. Morgan St., Brevard;

Brevard #2 – VFW Building, 50 Veterans Cir., off Nicholson Creek Rd., Brevard;

Brevard #3 – Transylvania County Rescue Squad-Brevard Unit, 233 Fisher Rd., Brevard;

Brevard #4 – Brevard-Davidson River Presbyterian Church, 249 E. Main St., Brevard;

• Cathey’s Creek – Cathey’s Creek Community Center, 131 Island Ford Rd., Brevard;

Cedar MountainCedar Mountain Community Center, 10635 Greenville Hwy., Cedar Mountain;

• Dunn’s Rock – Dunn’s Rock Community Center, 461 Connestee Rd., Brevard;

• East Fork – Connestee Fire Rescue Substation, 2047 Walnut Hollow Rd., Brevard;

• Little River – Little River Community Center, 191 Little River Church Rd., Penrose;

Pisgah ForestTransylvania County Public Safety Facility, 153 Public Safety Way, Brevard;

• Rosman-Eastatoe – Rosman Town Hall, 6 Main St., Rosman;

• TC1 – Balsam Grove Community Center, 8732 Parkway Rd., Balsam Grove;

• TC7 – Lake Toxaway Community Center, 81 Slick Fisher Rd., Lake Toxaway;

• Williamson Creek – Williamson Creek Community Center, 122 Community Center Rd., Pisgah Forest.

Most voters will be asked to present acceptable photo identification when presenting to vote in person at the polls, with exceptions for voters who are unable to obtain acceptable photo identification, have a religious objection to being photographed, or are victims of a natural disaster. The acceptable forms of photo identification are a NC Driver’s License or DMV-issued Identification Card (expired up to four years), US Passport or Passport Card (unexpired), Military ID Card or Veterans Affairs ID Card (unexpired, if there is an expiration date), and certain Tribal Enrollment Cards. VOTERS WHO ARE UNABLE TO OBTAIN ONE OF THESE FORMS OF IDENTIFICATION MAY STILL VOTE IF THEIR INABILITY IS DUE TO A REASONABLE IMPEDIMENT such as a lost or stolen ID, lack of transportation, illness or disability, a lack of proper documents, work schedule, and others. These voters may vote a provisional ballot after completing a Reasonable Impediment Declaration and providing an alternate form of identification or the last four digits of their social security number and their date of birth. Acceptable alternate forms of identification for voters who complete a Reasonable Impediment Declaration include their voter registration card or current utility bill, paycheck, government check, bank statement, or other government document bearing the voter’s name and current address. Alternative voting options are available for voters who do not present acceptable photo identification for a reason other than a reasonable impediment to obtaining one. Voters who use curbside voting may also present one of the alternative forms of identification described above. No identification is required to vote an absentee ballot by mail. Free Identification Cards for registered voters are available from the NC DMV. For assistance with obtaining acceptable photo identification for voting or for more information on exceptions and alternative voting options, contact the NC State Board of Elections voter outreach team toll-free at 1-866-522-4723 or visit http://www.Voter ID.nc.gov.

Absentee voting by mail is available. Requests for an absentee ballot must be made on an Absentee Request form (available on the State Board of Elections website, at the county board of elections office and where early voting is offered), and must be received in the Transylvania County Board of Elections office or any early voting site by 5:00 p.m. on Tuesday, May 31. All voters who voted by mail for the March 15 primary will receive an absentee ballot in the mail. Absentee voting requires completing an application on the return envelope that must be witnessed by two qualified persons or a notary public. Completed absentee ballots must be returned to the Transylvania County Board of Elections by 5:00 p.m. on Election Day (ballots received by mail after this time will be timely if received within three business days and postmarked as of Election Day). Voters may receive assistance in voting a mail-in absentee ballot; they may receive assistance from a qualified person of their choice. If the voter lives in a facility such as a nursing home, and the voter’s near relative or legal guardian is not available, the voter or the facility can arrange to have the county board of elections schedule a visit by a Multipartisan Assistance Team to provide assistance and serve as witnesses.

One-stop absentee voting will be held in the office of the Transylvania County Board of Elections, 221 S. Gaston St., Brevard, beginning at 8:30 AM on Thursday, May 26, 2016 and ending at 1:00 PM on Saturday, June 4, 2016. One-stop early voting hours are during normal business hours of 8:30 AM until 5:00 PM weekdays and on Saturday, June 4, 2016 from 10:00 AM until 1:00 PM. Early voting will be closed Monday, May 30 in observance of Memorial Day.

The Canvass meeting will be held at 11:00 AM in the Transylvania County Board of Elections Office, 221 S. Gaston St., Brevard, on Tuesday, June 14, 2016.

All residents of Transylvania County who have resided in the county for at least 30 days prior to Election Day and are registered to vote with the Transylvania County Board of Elections may vote in this election. Voters who are previously registered need not re-register for this election. Those voters who are registered unaffiliated may vote in the primary election. Unaffiliated voters will be given a choice of ballot at the polling places. Those residents who are not registered must register on or before Friday, May 13, 2016 in order to be eligible to vote in this election. Those voters who are not registered by Friday, May 13, 2016 may register and vote during one stop early voting only, and will be required to provide documentation of their identity and residence. Voters who wish to change their party affiliation or who have changed their name or address must notify the Board of Elections in writing by Friday, May 13, 2016. Voters who fail to notify the Board of Elections of a change in their name or address must update their information when presenting to vote, and may be required to vote a provisional ballot.

Voters who require assistance with casting their ballot are entitled to assistance by an appropriate person of their choice or an election official. Registration facilities and polling places are accessible to elderly and handicapped. Curbside voting is available for voters who are not physically able to enter the polling place.

For additional information contact the Transylvania County Board of Elections at http://www.transylvaniaelections.org, by phone at (828) 884-3114, or in person at 221 S. Gaston St., Brevard, during office hours, Monday through Friday, 8:30 AM until 5:00 PM.

David P. Morrow, Chairman

Transylvania County Board of Elections

T/4/21/4TC-61954

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AMENDED NOTICE OF FORECLOSURE SALE

14 SP 34

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Kimberly D. Holstein (PRESENT RECORD OWNER(S): Kimberly Drennen Holstein) to Scott D. Neumann, Trustee(s), dated the 20th day of March, 2000, and recorded in Book 7, Page 88, 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 May 4, 2016 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 at an existing iron pin, said point being located South 15 deg. 14 min. 31 sec. West 1133.96 feet from N.C. Grid Monument Triangle, N=558,408.77 feet, E=884,066.68 feet, C.F. = 0.9997728, N.A.D. 83 Data thence running along the Southern boundary line of Hanson as described in Deed Book 352, Page 691, and in Deed Book 437, Page 141, Transylvania County Registry, North 65 deg. 33 min. 06 sec. East 123.76 feet to a new iron pin, thence running along the Western boundary line of the William C. Carr property as described in Deed Book 201, Page 59, Transylvania County Registry, South 20 deg. 35 min. 49 sec., East to an existing iron pin and a fence corner, thence with the Northern boundary line of the Mildred Orr property as described in Deed Book 125, Page 62 and Deed Book 253, Page 424, Transylvania County Registry, South 65 deg. 36 min. 47 sec. West to an existing iron pin, thence parallel with Hamilton Drive, North 20 deg. 54 min. 54 sec. West 79.43 feet to the Point of Beginning. Being .225 acres, as surveyed by Clarence A. Jenkins, P.L.S., on March 9, 2000. Together with improvements located thereon; said property being located at 34 Hamilton Drive, Brevard, North Carolina.

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.

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.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. 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.

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.hutchenslawfirm.com

Case No: 1133148 (FC.FAY)

T/4/21/2TC-61875

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-144

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of James Thomas Wood, Jr. of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of James Thomas Wood, Jr. to present them to the undersigned on or before July 21, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 21, 2016.

James Michael Wood

187 B Rainbow Lake Drive

Brevard, NC 28712

T4/21/4TP-61900

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-156

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Sally Kemp Buford of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Sally Kemp Buford to present them to the undersigned on or before July 28, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: April 28, 2016.

John Frederic Buford

1875 Ivy Lane

Pisgah Forest, NC 28768

T/4/28/4TP-62023

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

16 CVD 38

NOTICE OF SERVICE OF PROCESS BY

PUBLICATION

COUNTY OF

TRANSYLVANIA,

A Body Politic and Corporate, Plaintiff

vs.

LUARCON REAL ESTATE INVESTMENT CO., Owner and CONNESTEE FALLS PROPERTY OWNERS ASSOCIATION, INC., Leinholder,

Defendants

To: LUARCON REAL ESTATE INVESTMENT CO.

Last Known Address: UNKNOWN

TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action in the County of Transylvania, and notice of service of process by publication begins on April 21, 2016.

The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property (Parcel ID # 8582-29-4267-000, known as Lot 74, Unit 5, Tsisqua Circle) described through legal description at Deed Book 409 at Page 75 of the Transylvania County Registry, which is more completely described in the Complaint. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property.

You are required to defend such pleading no later than forty (40) days after the date of the first Publication of Notice stated above, exclusive of such date, being forty days after April 21, 2016, which is June 1, 2016, and upon your failure to do so, the party seeking service of process by publication will apply to the court for the relief sought.

THIS the 21st day of April, 2016.

ROBERTS & STEVENS, P. A.

/s/Marjorie R. Mann Attorney for Plaintiff

P.O. Box 7647

Asheville, NC 28802

Telephone: (828)252-6600

Facsimile: (828)210-6554

N.C. Bar No.:13202

T/4/21/3TC-61887

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NOTICE OF

FORECLOSURE SALE

15 SP 109

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Connie McCall and Michael McCall (PRESENT RECORD OWNER(S): Michael K. McCall and Connie O. McCall) to Trustee Service of Carolina, James P. Bonner, Trustee(s), dated the 4th day of April, 2007, and recorded in Book 403, Page 282, and Order in Book 647, Page 74, 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 May 4, 2016 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:

Being and comprehending all of Tract No. 1 of the Hubert McCall Estate as more fully described on that certain plat recorded in Plat File 4 at Slide 274 in the Transylvania County Registry, said tract containing 4.01 acres, more or less. Together with improvements located thereon; said property being located at 214 Hubert McCall Drive, Balsam Grove, North Carolina. Together with the right to use the twenty foot private drive leading from Tennessee Gap Road (S.R. 1324) in a southerly direction to the lots of the Hubert McCall Estate, said drive being named “Michael’s Drive” on the plat aforementioned, said use to be in common with other tract owners whose property abuts and is adjacent to said roadway; that the several tract or lot owners using the drive aforementioned shall pay their proportionate share of maintaining same. Less and excepting Tract No. 1A of the Hubert McCall Estate as more fully described on that certain plat recorded in Plat File 11, Slide 296 in the Transylvania County Registry, said tract containing 0.96 acres, more or less.

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.

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.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. 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.

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.hutchenslawfirm.com

Case No: 1165669 (FC.FAY)

T/4/21/2TC-61923

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-144

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Spencer Wayne Mull of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Spencer Wayne Mull. to present them to the undersigned on or before July 14, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 14, 2016.

Robin Ellis

76 Reba Mull Drive

Penrose, NC 278766

T/4/14/4TP-61871

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 15E317

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator CTA of the Estate of Dorothy Imogene Holpp of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Dorothy Imogene Holpp to present them to the undersigned on or before July 28, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: April 28, 2016.

Nancy Nyren

2000 Lawrence Drive

Raleigh, NC 27603

T/4/28/4TP-62024

STATE OF

North Carolina IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 16E121

EXECUTOR’S –- ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Elena S. Michelin of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Elena S. Michelin to present them to the undersigned on or before July 7, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 7, 2016.

Linda M. Iauch

PO Box 2474

Brevard, NC 28712

T/4/7/4TP - 61810

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STATE OF

North Carolina IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 16E123

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of John Clarence Price of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of John Clarence Price to present them to the undersigned on or before July 7, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 7, 2016.

John Albert Price

3826 Island Ford Rd.

Brevard, NC 28712

T/4/7/4TP - 61811

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STATE OF

North Carolina IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 16-E-114

EXECUTOR’S –- ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Elvin Joe Byars (Byers) of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Elvin Joe Byars (Byers) to present them to the undersigned on or before July 28, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 28, 2016.

Gregory Elvin Byers

1200 Kitchen Loop Rd.

Lake Toxaway, NC 28747

T/4/28/4TP - 62009

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NOTICE TO

CREDITORS

The undersigned, having qualified as Administrator of the Estate of William Forest Souther, Sr., deceased, late of Transylvania County, North Carolina, does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned:

Cathy Diane Souther, Administrator

c/o Burt Langley, P.C.

149 S. Lexington Ave.

Asheville, NC 28801

on or before July 7, 2016, or this Notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will please make immediate payment to the undersigned at the address listed above.

This the 7th day of April, 2016.

Cathy Diane Souther, Administrator

of the Estate of William Forest Souther Sr.

Transylvania Estate

File 16-E-113

April M. Burt

Attorney for the Administrator

Of the Estate of William Forest Souther, Sr.

Burt Langley, PC

149 S. Lexington Ave.

Asheville, NC 28801

T/4/7/4TC - 61815

 
 

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