The Transylvania Times -

Legal Notices for February 13, 2017

 

February 13, 2017



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 Carla Craige Buchanan and Elizabeth I. Glenn a/k/a Elizabeth Ilene Glenn to TRSTE, Inc., Trustee(s), which was dated August 4, 2003 and recorded on August 4, 2003 in Book 182 at Page 324, 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 February 27, 2017 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 that certain tract of land containing 3.07 acres, more or less, as shown on a plat thereof recorded in Plat File 7, Slide 532, Records of Plats for Transylvania County.

There is also conveyed hereby the right to use in common with other property owners entitled to the use thereof the road from the Pickens Highway to the land hereinabove described and the road to the 8 acre lake for the purpose of access to and from said lake.

This conveyance is made subject to the restrictive covenants and road maintenance agreement recorded in Book 241, Page 707, Records or Deeds tor Transylvania County, including the road, lake and dam maintenance agreement and covenants set out therein, as amended in Book 345, Page 488, Records of Deeds for Transylvania County, and to all applicable road rights-of-way find other matters either referred to or set out in deeds recorded in Book 241, Page 835, and Book 430, Page 205, Records of Deeds for Transylvania County.

This conveyance is also made subject to all easements and other matters shown on the recorded plat hereinabove referred to, including specifically the rights of all parties who may be entitled to share in the use of the private gravel driveway which traverses the property and to the right-of-way of Line Runner Lake Road which traverses the property.

Being a part of the same land described in a deed from Henry V. Mosser, et al, to Clifford S. Russell and wife, Susan R. Russell, dated April 2, 1998, and recorded in Book 430, Page 205, Records of Deeds for Transylvania County, and in a deed from Clifford S. Russell and wife, Susan R. Russell, to Clifford S. Russell, dated April 11, 2002, and recorded in the office of the Register of Deeds for Transylvania County in Document Book 103, Page 275.

The conveyance is made subject to the terms and conditions of the agreement signed by the Grantee which is attached hereto, designated as Exhibit “B” and incorporated herein by reference.

 

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

Said property is commonly known as 50 Ponderosa Trail, 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 Carla Craige Buchanan and Elizabeth I. Glenn.

 

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 .: 16-19116-FC01

M/2/13/2TC-64524

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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-402

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Suzanne Reuter-Lorenz Gusterson of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Suzanne Reuter-Lorenz Gusterson to present them to the undersigned on or before May 8, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 6th day of February, 2017.

John P. Kury

Personal Representative

c/o Ramsey & Pratt, P.A.

35 N Gaston St

Brevard, NC 28712

ATTORNEY:

Michael K. Pratt

Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

828-884-4113

M/2/6/4TC-64525

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UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATOR

COMMISSION

Duke Energy Carolinas, LLC

Project No. 2503-161

NOTICE OF

APPLICATION ACCEPTED FOR

FILING AND

SOLICITING

COMMENTS, MOTIONS TO INTERVENE, AND PROTESTS

(January 30, 2017)

Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

a. Application

Recreation Management Plan

b. Project No: 2503-161

c. Date Filed:

November 14, 2016

d. Applicant:

Duke Energy Carolinas, LLC

e. Name of Project:

Keowee-Toxaway Hydroelectric Project

f. Location:

The project is located on the Toxaway, Keowee, and Little Rivers in Transylvania County, North Carolina, and Oconee and Pickens counties, South Carolina.

g. Filed Pursuant to:

Federal Power Act, 16 USC 791a - 825r

h. Applicant Contact:

John Crutchfield, Duke Energy Carolinas, LLC, 526 S. Church Street, Charlotte, NC 28202, (980) 373-2288

i. FERC Contact:

Kevin Anderson, (202) 502-6465, kevin.anderson@ferc.gov

j. Deadline for filing comments, motions to intervene, and protests:

March 1, 2017.

The Commission strongly encourages electronic filing.  Please file comments, motions to intervene, and protests using the Commission’s eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.  

Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc. gov/docs-filing/eco mment.asp.  You must include your name and contact information at the end of your comments.  For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY).  In lieu of electronic filing, please send a paper copy to:  Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington, D.C.  20426.  The first page of any filing should include docket number P-2503-161. Comments emailed to Commission staff are not considered part of the Commission record.

The Commission’s Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.

k. Description of Request: The licensee filed for Commission approval a revised recreation management plan pursuant to Article 406 of the license order issued August 16, 2016. The revised plan includes provisions to operate, maintain, and construct recreation facilities at specific recreation sites, monitor the capacity and condition of the Warpath Access Area, and stabilize 6,250 linear feet of shoreline on islands in Lake Keowee. The revised plan also includes an updated implementation schedule.

l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission’s Public Reference Room, located at 888 First Street, NE, Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Comm ission’s website at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or e-mail FERCOnlineSupport@ferc.gov, for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above. Agencies may obtain copies of the application directly from the applicant.

m. Individuals desiring to be included on the Commission’s mailing list should so indicate by writing to the Secretary of the Commission.

n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214, respectively. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission’s Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

o. Filing and Service of Documents: Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis. Any filing made by an intervenor must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 385.2010.

Kimberly D. Bose,

Secretary.

M/2/13/1TC-64619

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17 E 29

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Rebecca Joy Kolansky Fulton Richardson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Rebecca Joy Kolansky Fulton Richardson to present them to the undersigned on or before May 15, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 13, 2017.

Ellisa Garrett, Executor

190 Ridgewood Way

Athens, GA 30605

Attorney:

Shelton Jones

5 Park Place East #201

Brevard, NC 28712

M/2/13/4TC-64590

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 16-E-415

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Warren Eugene Fisher of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Warren Eugene Fisher to present them to the undersigned on or before April 23, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 23, 2017.

Donald Ray Fisher

221 Warrens Cove Road

Lake Toxaway, NC 28747

M1/23/4TC-64439

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-26

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Linda Peters Watkins of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Linda Peters Watkins to present them to the undersigned on or before May 6, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: February 6, 2017.

Kristen Blake Sheffield

59 Wolf Pen Cove Rd

Brevard, NC 28712

M/2/6/4TP-64533

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E30

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Joseph Michael Parker of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Joseph Michael Parker to present them to the undersigned on or before May 15, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 13, 2017.

William E. Parker

404 Hunter’s Glen Lane

Hendersonville, NC 28739

M/2/13/4TP-64588

 
 

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