The Transylvania Times -

Legal Notices for November 14, 2016

 

November 14, 2016



STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 16-E-365

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of George Eldon Howe, Sr., of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of George Eldon Howe, Sr. to present them to the undersigned on or before January 31, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 31st day of October, 2016.

John Thomas Howe, Exec.

683 Long Lake Drive

Oviedo, FL 32765

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

M/10/31/4TC-63673

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16 SP 28

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 Veronica Howell to Burke & Associates, Trustee(s), which was dated January 26, 2007 and recorded on February 6, 2007 in Book DOC 392 at Page 435, 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 28, 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 piece, parcel or lot of land, with improvements thereon, lying, being and situate in the County of Transylvania, State of North Carolina, and being more particularly described as follows: 

BEING all of Lot 14, according to the Survey of Verdery and Duckworth Subdivision, as recorded in Deed Book 30, page 640, in the Office of the Register of Deeds of Transylvania County, State of North Carolina.

Being the same property conveyed by Thomas Mack Gardin, unmarried to Veronica Howell, unmarried dated 9/12/2005 and recorded 9/16/2005 in Book 308, Page 207 in the Register’s Office for Transylvania County.

 

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

 

Said property is commonly known as 235 Duckworth Avenue, Brevard, 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 Veronica Howell.

 

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 .: 16-01965-FC02

M/11/14/2TC-63708

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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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Notice of Public Hearing

City of Brevard

Pisgah Forest Small Area Plan Adoption

The Brevard City Council will hold a public hearing on Monday, November 21, 2016. 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:

The adoption of the Pisgah Forest Small Area Plan. A land use plan encompassing the northern extent of the City of Brevard’s corporate limits, portions of Ecusta Road, and Highway 64 East.

The public is invited to attend this public hearing and make comment, either in favor of or in opposition to the Plan. The Plan is available for review and is 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 2nd day of November, 2016.

Desiree D. Perry,

CMC, NCCMC

City Clerk

M/11/7/2TC-63790

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-376

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Athene Clark McKinnish of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Athene Clark McKinnish to present them to the undersigned on or before February 7, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 7, 2016.

Rita L. McKinnish

16 Forest View Ln

Arden, NC 28704

M/11/7/4TP-63791

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Contract Opportunity

Contract ID: DN11645066, DN11647413, DN11647414, DN11647415, Henderson County and DN11647412, DN11647417, Transylvania County:

Small Business Enterprise Contracts: Subdivison Snow & Ice Removal.

The North Carolina Department of Transportation , in accordance with the provisions of Title VI of the Civil Rights of 1964 (78 Stat.252) and the Regulations of the Department of Transportation (49 C.F.R., Part 21), issued pursuant to such act, hereby notifies all bidders that it will affirmatively insure that the contract entered into pursuant to this notice will be awarded to the lowest responsible bidder without discrimination on the grounds of sex, race, color, or national origin. Bidders shall be Small Business Enterprise certified.

Sealed bids must be received in the Division Contract Office at 253 Webster Road, Sylva, NC 28779 by 2:00 PM on Tuesday, December 13, 2016. Bids must be submitted on the official bid sheet as described in the project special provisions. A Mandatory Pre Bid Conference will be held on Monday, November 28, 2016 at 10:00 AM at the NCDOT Division of Highways, Henderson County Maintenance Office, 693 Mountain Road, Hendersonville, 28791. Questions should be addressed to d14contracts@ncdot.gov .

M/11/7/3TC-63794

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 16-E-383

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Suzanne Marie Mathews of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Suzanne Marie Mathews to present them to the undersigned on or before February 14, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 14th day of November, 2016.

Alexandria Suzanne Marie Mathews, Exec.

87 Marion Road, Apt. 8

Sylva, NC 28779

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

M/11/14/4TC-63841

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IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 16-E-367

North CAROLINA

Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF

THOMAS HOBART AVIRETT III, DECEASED

NOTICE TO

CREDITORS AND DEBTORS

Having qualified as Administrator of the Estate of Thomas Hobart Avirett III, deceased, late of Transylvania County, North Carolina, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before January 31, 2017, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 31st day of October, 2016.

Renee F. Avirett, Administrator

Estate of Thomas Hobart Avirett III

Erica M. Erickson, Attorney at Law

Strauss & Associates, P.A.

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

M/10/31/4TC-63712

 
 

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