The Transylvania Times -

Legal Notices for January 19, 2016

 

January 19, 2017



STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 16 E 395

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of Arnold L. Monteith of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Arnold L. Monteith to present them to the undersigned on or before April 6, 2017 or the claim will be forever barred thereafter. All persons indebted to the said estate, please make immediate payment.

This 5th day of January, 2017.

Betty H. Monteith, Executor

100 Mount Hope Drive

Pisgah Forest, NC 28768

Attorney:

Margaret M. Hunt

P O Box 1175

Brevard, NC 28712

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NOTICE OF

FORECLOSURE SALE 16 SP 101

Under and by virtue of the power of sale contained in a certain Deed of Trust made by George L. Aulbach and Gertrude F. Aulbach, (George L. Aulbach and Gertrude F. Aubach, both deceased) (Heirs of George L. Aulback: Florence Aulbach aka Florence Hipschman, Jeanne Aulbach, Cindy Aulbach aka Cindy Swisher, Patricia Burns, Kate Anderson aka Kathleen Anderson, Barbara Bradley and Unknown Heirs of George L. Aulback) (PRESENT RECORD OWNER(S): George L. Aulbach) to PRLAP, INC, Trustee(s), dated the 2nd day of July, 2003, and recorded in Book 176, Page 427, 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 February 1, 2017 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 all of Lot 1 of Meadow Ridge Subdivision as shown on a plat thereof recorded in Plat File 7, Slide 269-270, Records of Plats for Transylvania County in the office of the Register of Deeds for Transylvania County, on which the name of said subdivision is incorrectly referred to as being Canaan Woods Subdivision instead of Meadow Ridge Subdivision. Said lot is also shown on a plat recorded in Plat File 8, Slide 60, on which the name of said subdivision is correctly referred to as being Meadow Ridge Subdivision. Together with improvements located thereon; said property being located at 100 Meadow Ridge Drive, Lake Toxaway, 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.hutchenslaw firm.com

Case No: 1197282 (FC.FAY)

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-5

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as ANCILLARY ADMINISTRATOR of the Estate of JOSEPH BUTLER STEVENS, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of JOSEPH BUTLER STEVENS to present them to the undersigned on or before April 20, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate, please make immediate payment.

This the 19th day of January, 2017.

Amy Rebecca Stevens Plourde

400 Trailblazer Dr., Apt 6

Travelers Rest, SC 29690

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

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HAYWOOD ELECTRIC MEMBERSHIP

CORPORATION

VEHICLES FOR BID

JANUARY 2017

Haywood EMC is now accepting sealed bids on the following vehicles:

Truck 30: 2006 Jeep Commander, 4x4, 4.7 L Engine, Automatic Transmission, Odometer 170,158 Miles.

Truck 53: 1995 Ford F-350, 4x4, Cab & Chassis w/12’ Electric Dump Bed, 4x4, 7.5 L, V-8 Gas Engine, Manual 5-Speed Transmission, Odometer 85,730 Miles.

These vehicles are being sold “as-is” with no warranty. Bids will be accepted until 5:00 p.m. on Thursday, January 26, 2017. Bids will be opened on Friday, January 27, 2017. Please use the truck number to identify your bid. These vehicles may be viewed at Haywood EMC Headquarters, 376 Grindstone Road, Waynesville, NC 28785.

For more information contact Tim Burnette at 452-2281, Monday through Friday, 8:00 am. Until 4:30 p.m. Haywood EMC reserves the right to reject any or all bids.

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STATE OF

North Carolina COUNTY OF

Transylvania IN THE GENERAL

COURT OF JUSTICE DISTRICT COURT

DIVISION 16 JA 41 In Re Juvenile: Muniz, M .

D/O/B 12/14/00

 

To:  MARIO MEDOZA-MUNIZ,

Transylvania County, North Carolina Take notice that a petition seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: Adjudication & Disposition regarding the above minor child subject to this action, regarding their custody and guardianship with relatives. You are required to make defense to such pleading no later than January 30, 2017 and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought. This the 1st day of January, 2017.

David A. Wijewickrama Attorney Trans.

Co. Dept. of Social Services

106 East Morgan Street

Brevard, NC 28712

Telephone:

828-884-3174

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO: 16-E-394

IN THE MATTER OF THE ESTATE OF

Paul Edward Koenig, Deceased.

CREDITOR’S NOTICE

Having qualified as Executor of the Estate of Paul Edward Koenig, deceased, late of Transylvania County, North Carolina, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned Executor, in care of Brian T. Lawler, Esq., Van Winkle, Buck, Wall, Starnes and Davis, P.A., Attorneys-at-Law, 11 North Market Street, Asheville, NC 28801, on or before March 22, 2017 or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

Daphne Lyons Chalaron, Executor

Estate of Paul Edward Koenig

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E07

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Russell Wert Alexander of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Russell Wert Alexander to present them to the undersigned on or before April 20, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: January 19, 2017.

Carol Summey

54 Evergreen Street

Brevard, NC 28712

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STATE OF

North CAROLINACOUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-02

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Sydney Wright Hall of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Sydney Wright Hall to present them to the undersigned on or before April 12, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 12th day of January, 2017.

Patricia L. Laubham, Exec.

90 Lakeview Court

Brevard, NC 28712

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

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NOTICE

OF PUBLIC SALE

PURSUANT TO

North CAROLINA

G.S. 44A-43

Name and Address of Lienor:

ShowTime Mini-Storage

16792 Rosman Highway

Lake Toxaway, NC 28747

Date of Sale: Saturday,

January 28, 2017

Time of Sale 10.00 A.M.

Place of Sale:

ShowTime Mini-Storage

16792 Rosman Highway

Lake Toxaway, NC 28747

The contents of following

Storage space to satisfy lien:

#A03 (Hoxit)

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