The Transylvania Times -

Legal Notices for June 2, 2016

 


STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 16-E-197

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Administrator of the Estate of Isobel S. Stewart of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Isobel S. Stewart to present them to the undersigned on or before September 2, 2016 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 2nd day of June, 2016.

Ann Roche Timmons, Admin.

865 Twin Lakes Drive

Sumter, South Carolina 29154

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 9

Brevard, NC 28712

828-884-6575

#13630

T/6/2/4TC-62376

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 08E271

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Orville Gertha Mull of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Orville Gertha Mull to present them to the undersigned on or before August 12, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: May 12, 2016.

Brenda Mull Britt

3212 Island Ford Road

Brevard, NC 28712

T5/12/4TP-62228

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16 SP 2

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 Robert A. McDuffie and Amy S. McDuffie to Richard T. Hayes, Trustee(s), which was dated December 10, 2004 and recorded on December 22, 2004 in Book 000266 at Page 000730, 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 June 14, 2016 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

 

TRACT I:

BEING all of Lot 16 of a subdivision of the Guy W. Smith, Jr. and wife, Rickie L. Smith property, known as Cedar Creek Subdivision, plat of which said subdivision is on file in Plat File 2 at Slide 396A, Transylvania County Registry, reference to which is hereby made for a more complete description of the property herein conveyed.

TRACT II:

BEGINNING at a rebar found in the southern line of Lot 16 of Cedar Creek Subdivision, the same lying South 87 deg. 31 min. 20 sec. West 60.00 feet from a calculated point in the center of Cedar Creek Drive and in the northern line of Lot 9 of Cedar Creek Subdivision, at a point where the branch intersects Cedar Creek Drive and running from said beginning point, South 87 deg. 31 min. 20 sec. West 160.39 feet to a point in the center of Bunyan Gap Trail; thence, along and with the center of Bunyan Gap Trail, three (3) calls as follows: South 19 deg. 53 min. 28 sec. West 82.81 feet to a point; thence, South 19 deg. 53 min. 28 sec. West 60.00 feet to a point; and South 10 deg. 58 sec. 44 sec. West 70.86 feet to a point, the same being the westernmost corner of Lot 11 of Cedar Creek Subdivision; thence, along and with the northern line of Lot 11, North 70 deg. 15 min. 09 sec. East 104.11 feet to a rebar standing South 70 deg. 15 min. 09 sec. West 90.00 feet from a concrete monument; thence, North 30 deg. 58 min. 32 sec. East 196.44 feet to the point of BEGINNING, pursuant to an unrecorded plat of survey by Robert L. Hafler, RLS, dated June 13, 1995 (signed on May 7, 2004), Drawing No: 95057, and being all of the remainder of Lot 12 of Cedar Creek Subdivision as recorded in Plat File 2 at Slide 396A, Transylvania County Registry.

Tract II which is the remaining portion of Lot 12, has been described by metes and bounds rather than by reference to the recorded plat because an area consisting of .223 acres was previously conveyed to the owners of Lot 9 of Cedar Creek Subdivision.

 

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

Said property is commonly known as 236 Bunyan Gap Trail  and 0.52 acre parcel adjacent to 236 Bunyan Gap Trail, Cedar Mountain, NC 28718.

 

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever 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 Robert Anthony McDuffie and wife, Amy S. McDuffie.

 

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)]. 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 .: 15-25347-FC01

T/6/2/2TC-62308

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NOTICE TO THE

PUBLIC

ONLINE AUCTION OF SURPLUS ITEMS

Transylvania COUNTY

BREVARD, NC

Transylvania County is holding an online auction of surplus items. The online auction site is http://www.PublicSurplus.com. There is also a link to this site on the Transylvania County Website http://www.transylvaniacounty.org.

The online auction will be held from 7:00 am on Thursday, June 9th, 2016 until 7:00 pm on Saturday, June 18th, 2016.

Please contact April Alm at the Finance Office, Transylvania County Administration Building, 101 South Broad Street, Brevard, NC 28712, at 828-884-3104 ext. 114 or april.alm@transylvaniacounty.org with any questions or for assistance in accessing this information.

April Alm

Purchasing Agent

MT/5/30/2TC-62346

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16E154

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of James William Owen of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of James William Owen to present them to the undersigned on or before August 12, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: May 12, 2016.

Jolene Rhodes Owen

818 Kitchen Loop Road

Lake Toxaway, NC 28747

T/5/12/4TP-62230

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-166

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Dean Allison Waters of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Dean Allison Waters to present them to the undersigned on or before August 26, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: May 26, 2016.

Jacqueline R. Waters

419 Chapel Grove Lane

Knoxville, TN 37394

Geoffrey Dean Waters

7414 Colgate Avenue

Dallas, TX 75225

T/5/26/4TP-62301

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16E188

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Stephen Lee Sitton of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Stephen Lee Sitton to present them to the undersigned on or before August 26, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: May 26, 2016.

Christine W. Sitton

1338 North Prong Road

Pisgah Forest, NC 28768

T5/26/4TP-62322

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16E197

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Joseph Francis Farina Jr. of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Joseph Francis Farina Jr. to present them to the undersigned on or before September 2, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: June 2, 2016.

Cynthia Burton

808 Quail Ridge Road

Edmond, OK 73034

T/6/2/4TP-62386

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16E184

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of James Tyler Warren of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of James Tyler Warren to present them to the undersigned on or before August 19, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: May 19, 2016.

Jerry W. Warren

259 Deerchase Road

Cedar Mtn., NC 28718

T/5/19/4TP-62279

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NOTICE OF

PUBLIC HEARING

PROPOSED FY 2017 BUDGET FOR

Transylvania COUNTY

Notice is hereby given that the Transylvania County Board of Commissioners will hold a public hearing on the FY 2017 Budget proposal on Monday, June 13, 2016 at 7:00 p.m. during a regularly scheduled meeting in the Commissioners’ Chambers at the County Administration Building, located at 101 S. Broad Street, Brevard. Home and Community Care Block Grant Funds and fire tax rates will also be reviewed at the public hearing. All interested citizens will have the opportunity to give written and oral comments regarding the FY 2017 Budget proposal.

The Transylvania County Budget proposal for FY 2017 is available for public inspection in the office of the Clerk to the Board of Commissioners at the County Administration Building on weekdays from 8:30 a.m. to 5:00 p.m. A copy is also available at the Transylvania County Library and online at http://www.transylvaniacounty.org.

The meeting will be held in compliance with North Carolina Open Meetings Law and is open to the public. The meeting facility is handicap accessible and anyone requiring special assistance should notify the Clerk to the Board at (828) 884-3271 as soon as possible.

This the 26th day of May, 2016.

Trisha M. Hogan

Clerk to the Board

TM/6/2/2TC-62345

 
 

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