The Transylvania Times -

Legal Notices for July 4, 2016

 


STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 16 E 218

ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Arnold Barrauch Braun of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Arnold Barrauch Braun to present them to the undersigned on or before September 21, 2016 or the claim will be forever barred thereafter. All persons indebted to the said estate, please make immediate payment.

This 20th day of June, 2016.

Michael A. Braun, Administrator

3578 Magellan Circle,

Apt. 233

Aventura, FL 33180

Attorney:

Margaret M. Hunt

P O Box 1175

Brevard, NC 28712

M/6/20/4TC-62550

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16E219

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Joan Elliot Moylan of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Joan Elliot Moylan to present them to the undersigned on or before September 20, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: June 20, 2016.

Christopher R. Moylan

1641 Honfleur Drive

Sunnyvale, CA 94087

Attorney:

Brian P. Philips

PO Box 432

Brevard, NC 28712

M/6/20/4TC-62538

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16E224

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of William Robert Scholz of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of William Robert Scholz to present them to the undersigned on or before September 27, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: June 27, 2016.

Barbara Hoogervorst

416 Catawba Road

North Augusta, SC 29841

Attorney:

Brian P. Philips

PO Box 432

Brevard, NC 28712

M/6/27/4TC-62618

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16E221

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Sarah Hunsinger Osteen of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Sarah Hunsinger Osteen to present them to the undersigned on or before September 20, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: June 20, 2016.

Margie L. Marshall

170 Oakdale Road

Brevard, NC 28712

M/6/20/4TP-62544

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO .: 16-E-209

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Robert Duncan Patterson Holliday of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Robert Duncan Patterson Holliday to present to the undersigned on or before 13th, September, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: 13th, June, 2016

Robert P. Holliday, Jr.

234 Staircase Falls Road

Sapphire, NC 28774

Attorney:

Scott D. Neumann

The Neumann Law Office, PLLC

P.O. Box 2020

Highlands, NC 28741

M/6/13/4TP-62484

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16E223

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Gunilla Ostbye of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Gunilla Ostbye to present them to the undersigned on or before September 27, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: June 27, 2016.

Reidar Patrik Ostbye

2417 Lemuel Drive

Raleigh, NC 27615

M/6/27/4TP-62588

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NORTH CAROLINA

Transylvania COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

16 SP 40

NOTICE OF

FORECLOSURE SALE

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM DANIEL T. SHEA AND WANDA SHEA, DATED JULY 14, 2006, RECORDED IN BOOK 360, PAGE 48, Transylvania County REGISTRY

Pursuant to an order entered June 7, 2016, in the Superior Court for Transylvania County, and the power of sale contained in the captioned deed of trust (“Deed of Trust”), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash,

AT THE COURTHOUSE DOOR IN Brevard, Transylvania County, NORTH Carolina ON JULY 7, 2016 AT 10:00 A.M.

the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in Transylvania County, North Carolina, and being more particularly described as follows:

All that certain parcel of land lying and being situated in the County of Transylvania, State of NC, to-wit:

Beginning at a stake at the intersection of two roads, Northeast corner of a tract of land heretofore sold by Grantors to Raymond C. Freeman and wife, Mary A. Freeman, and runs with the center of one road as follows: N. 78 degrees 29 minutes W. 36.2 feet to a stake; N. 33 degrees 59 minutes W. 116.9 feet to a stake; S. 42 degrees 18 minutes W. 53.4 feet to a stake; South 89 degrees 13 minutes 35 seconds W. 80.10 feet to a stake; thence leaving said road and running thence, S. 35 degrees 23 minutes E. 21 feet to a stake; thence S. 37 degrees 47 minutes W. 128.5 feet to a stake in the Freeman line; thence with the Freeman line as follows: N. 83 degrees 37 minutes E. 267.43 feet to a stake in the center of the road mentioned aforesaid; thence with the center of said road, N. 27 degrees 5 minutes E. 10.3 feet to the Beginning. Being portions of Lots No. 12 and 15, Wolfe Ridge Subdivision.

This conveyance is made subject to the Restrictive and Protective Covenants and Easement appearing of record and more particularly described in that certain deed from Ernest C. Mayer and wife, Elizabeth Mayer, to Elizabeth L. Smith and Netta M. Kessler, dated August 9, 1965, and recorded in Book 161, Page 395.

Tax Map Reference: 8523-48-1554-000

Being that parcel of land conveyed to Daniel T. Shea and wife, Wanda W. Shea tenants by the entirety from Lillian E. Presler (Widow of H.S. Presler) by that deed dated 09/30/1985 and recorded 09/30/1985 in deed book 279, at page 464 of the Transylvania County, NC Public Registry.

Being the same property conveyed to H.S. Presler and wife, Lillian E. Presler by deed dated March 24, 1977, from Ruth S. Murrell (widow) recorded in Book 223, Page 314, Transylvania County Registry.

Being the same property conveyed to Clifton Murrell and wife, Ruth S. Murrell by deed dated September 4, 1968, from Elizabeth L. Smith and Netta M. Kessler (both unmarried) recorded in Book 178, Page 157, Transylvania County Registry.

In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.

The record owner of the real property not more than ten days prior to the date hereof is Wanda Shea.

A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by non-warranty deed.

This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.

The purchaser of the property described above shall pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to

a maximum amount of $500.00), required by Section 7A 308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.

To the extent this sale involves residential property with less than fifteen (15) rental units, including single family residential real property, you are hereby notified of the following:

a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and

b. 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 ten (10) days, but no more than ninety (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. 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.

This 7th day of June, 2016.

SPRUILLCO, LLC, Substitute Trustee

Deborah E. Sperati

Vice President

P.O. Drawer 353

Rocky Mount, N.C.

27802-0353

Telephone: (252) 972-7067

M/6/27/2TC-62469

 
 

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