The Transylvania Times -

Legal Notices for October 24, 2016

 

October 24, 2016



STATE OF

North CAROLINA

TRANSYLVANIA

COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

IN THE MATTER OF THE

ESTATE OF AGNES N. SUTTON DECEASED.

File No. 16-E-337

NOTICE TO

CREDITORS

Having qualified as Co-Executors of the Estate of Agnes N. Sutton, deceased, late of Transylvania County, North Carolina, the undersigned do hereby notify all persons, firms and corporations having claims against the decedent and/or the estate of said decedent to exhibit them to the undersigned in care of the Law Office of Lebensburger & Gilreath, PLLC, 211 North Main Street, Hendersonville, NC 28792, on or before January 16, 2017 or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said decedent and/or said decedent’s estate will please make immediate payment to the undersigned.

Dated the 10th day of October, 2016.

Susan Sutton DeMeritt

Co-Executor

Estate of Agnes N. Sutton

Steven Wayne Sutton

Co-Executor

Estate of Agnes N. Sutton

Evan M. Gilreath, Esq.

Attorney for Co-Executors

Law Office of Lebensburger & Gilreath, PLLC 211 North Main Street

Hendersonville, NC 28792

M/10/10/4TC-63536

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 16-E-362

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of George N. Hester of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of George N. Hester to present them to the undersigned on or before January 24, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 24th day of October, 2016.

Sue W. Hester,

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

M/10/24/4TC-63659

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 16-E-352

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Jacqueline Giovannetti of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Jacqueline Giovannetti to present them to the undersigned on or before January 17, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 17th day of October, 2016.

Monte W. Monteith,

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

M/10/17/4TC-63570

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16 SP 41

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 Martha J. Stanton to First State Service Corporation, Trustee(s), which was dated June 21, 1996 and recorded on June 21, 1996 in Book 248 at Page 321, 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 November 7, 2016 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

 

Being all of Lot 1 of Blue Ridge Shadows, containing 0.87 acres, as shown on a plat prepared by P. Robert Raxter, Jr. for Elijah Dodson and Elisha Dodson recorded in Plat File 3, at Slide 8, of the Transylvania County Registry.  Also being a portion of the property conveyed by Richard Dodson and wife, Josephine Dodson to Elijah Dodson and Elisha Dodson by deed dated March 25, 1983 and recorded in Deed Book 259, at Page 745, of the Transylvania County Registry.  Reference to the above plat is hereby made for a more particular description.

Also, conveyed herewith is a 30’ joint easement for road purposes for ingress and egress to the aforesaid lots.  There exists within that easement a concrete driveway, for the maintenance of which the Grantees and all others using it shall be jointly responsible.

 

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

 

Said property is commonly known as 100 Blue Ridge Shadows Drive, Rosman, NC 28772.

 

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 All Lawful Heirs of Martha J. Stanton.

 

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

M/10/24/2TC-63563

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CREDITOR’S NOTICE

Having qualified as Ancillary Executor for the Ancillary Estate of Wyatt King Aiken, deceased, late of Effingham County, Georgia, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned Ancillary Executor, in care of James W. Baley, Esq., Van Winkle, Buck, Wall, Starnes and Davis, P.A., Attorneys-at-Law, 11 North Market Street, Asheville, NC 28801, on or before the 10th day of January, 2017, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

SunTrust Bank, Ancillary Executor

Ancillary Estate of Wyatt King Aiken

M/10/10 4TC-63489

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-355

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Oren Eugene Matthews II of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Oren Eugene Matthews II to present them to the undersigned on or before January 17, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: October 17, 2016

Attorney: Brian P. Phillips

Shannon Eugene Matthews 48 Fat Cat Lane

Brevard, NC 28712

M/10/17/4TC-63566

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Resolution Concerning the Counting of Absentee Ballots

WHEREAS, North Carolina General Statute 163-234 authorizes a county board of elections to establish a place and a time between the hours of 2:00 p.m. and 5:00 p.m. on election day for the counting of absentee ballots; and,

WHEREAS, NCGS 163-234 also authorizes a county board of elections to meet in the board office on election day for the purpose of counting absentee ballots; now,

THEREFORE, BE IT RESOLVED by the Transylvania County Board of Elections that

1) The Transylvania County Board of Elections shall meet at 2:00 p.m. on Tuesday, November 8, 2016 in the office of the Board, 150 South Gaston Street, Suite A, Brevard, North Carolina, to count absentee ballots.

2) Any voter of the county may attend this meeting and observe the count.

3) The results of the absentee ballot count will not be announced before the close of polls on that day.

BE IT FURTHER RESOLVED that this resolution be published in The Transylvania Times once each week for two weeks prior to the General Election to be held on November 8, 2016.

This the 7th day of October, 2016.

Transylvania

COUNTY BOARD OF ELECTIONS

David P. Morrow, Chairman

ATTEST

John K. Barker, Secretary

Sara G. Champion, Member

M/10/24/2TC-63547

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-351

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Vivian B. Ritenour of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Vivian B. Ritenour to present them to the undersigned on or before January 17, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: October 17, 2016.

Charlynn Lee Ritenour-Bailey

430 Pennwood Drive

Pittsburgh, PA 15235

M/10/17/4TC-63559

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16 SP 76

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 William J. Zwosta and Diane P. Zwosta to Jennifer Herzog, Trustee(s), which was dated December 7, 2007 and recorded on December 10, 2007 in Book DOC 438 at Page 657, 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 November 7, 2016 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

 

ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE EASTATOE TOWNSHIP, Transylvania County, NORTH Carolina AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEING ALL OF THE 7.8 ACRE PARCEL AS SHOWN BY A PLAT THEREOF RECORDED IN PLAT FILE 5, SLIDE 129, RECORDS OF PLATS FOR Transylvania County, NORTH Carolina AS SURVEYED BY E. ROGER RAXTER, RLS, DATED JULY 28,1993.

BEING THE SAME FEE SIMPLE PROPERTY CONVEYED BY GENERAL WARRANTY DEED FROM CHARLES E. GARLITS and CECILLA C. GARLITS HUSBAND AND WIFE TO WILLIAM J. ZWOSTA and DIANE R ZWOSTA HUSBAND AND WIFE, DATED 06/15/1993 RECORDED ON 08/25/1993 IN BOOK 366, PAGE 251 IN Transylvania County RECORDS, STATE OF NC.

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

 

Said property is commonly known as 72 Lyman Lane, Rosman, NC 28712.

 

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 Diane P. Zwosta.

 

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 .: 16-11062-FC01

M/10/24/2TC-63565

 
 

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