The Transylvania Times -

Legal Notices for February 16, 2017

 

February 16, 2017



STATE OF

North Carolina COUNTY OF

Transylvania IN THE GENERAL

COURT OF JUSTICE DISTRICT COURT

DIVISION 14 JA 43

In Re Juvenile: Burnette, K. D/O/B: 05/28/2006

To: Denna Owen Burgess, Transylvania County, NC. 

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 children subject to this action, regarding their custody and guardianship with relatives. You are required to make defense to such pleading no later than March 9, 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 9th of February, 2017

David A. Wijewickrama Attorney

Trans. Co. Dept. of Social Services

106 East Morgan

Street Brevard, NC 28712

Telephone: 828-884-3174

T/2/9/3TC-64550

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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. 17-E-18

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representatives of the Estate of Huntley L. Middleton of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Huntley L. Middleton to present them to the undersigned on or before May 3, 2017, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 2nd day of February, 2017.

Charles G. Middleton, III, Co-Personal Representative

Cathy Reagan,

Co-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

T/2/2/4TC-64504

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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-SP-105

NOTICE OF

FORECLOSURE SALE

IN THE MATTER OF THE

FORECLOSURE OF THE DEED OF TRUST OF JOSEPH KEOUGH, INC.

Mortgagor to BRIAN P. PHILIPS, Trustee and

ROBERT L. HURD, Widower and

PERRY R. RAXTER, Noteholders as recorded in

BOOK 357, PAGE 63.

UNDER AND BY VIRTUE of a Power of Sale contained in that certain Deed of Trust executed by Joseph Keough, Inc. to Brian P. Philips, Trustee, which was dated June 23, 2006 and recorded on June 30, 2006 in Book 356, Page 64, Transylvania County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Donald H. Barton, 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 24, 2017 at 10:30 a.m. and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

Lying and being Hogback Township, Transylvania County, North Carolina and described as follows:

BEING all of the 5.26 +/- acres as more particularly described on a plat of a survey for “Robert L. Hurd and Perry R. Raxter and wife, Helen Y. Raxter” prepared by E. Roger Raxter, PLS, Drawing No. 90011E and recorded in Plat File 11, Slide 810, Records of Plats for Transylvania County, North Carolina.

Said property is commonly known as PIN 8532-86-7898.

Subject to all easements and other matters shown on the recorded plat hereinabove referred to, to all rights of way of all utility lines which may currently traverse the property and to all rights of way for utility lines which may currently appear of record.

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

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 Joseph Keough, Inc.

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 A§ 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 his sole discretion, if he believes 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.

This the 9th day of December, 2016.

DONALD H. BARTON

Attorney for the Petitioners

State Bar # 7598

158 East Main Street

Post Office 1209

Brevard, NC 28712

(828) 883-4020 Telephone

(828) 885-2835 Telefax

T/2/9/2TC-64538

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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. 17-E-17

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Personal Representatives of the Estate of Mary Jane L. Peabody of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Mary Jane L. Peabody to present them to the undersigned on or before May 3, 2017, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 2nd day of February, 2017.

Edwin G. Middleton, Jr., Co-Personal Representative

Charles G. Middleton, III, Co-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

T/2/2/4TC-64506

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-16

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Mildred Elizabeth Norton, f/k/a Mildred Elizabeth Norton Powell of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Estate of Mildred Elizabeth Norton, f/k/a Mildred Elizabeth Norton Powell to present them to the undersigned on or before April 26, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 26th day of January, 2017.

Elise Powell Keever, Exec.

PO Box 562

Penrose, NC 28766

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

T/1/26/4TC-64461

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E14

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of William Bennett Gibbs of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of William Bennett Gibbs to present them to the undersigned on or before May 10, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 9, 2017.

John Lawton Winston

481 Richland Ridge Road

Lake Toxaway, NC 28747

T/2/9/4TP-64537

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E38

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Patricia Lynn Carrington of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Patricia Lynn Carrington to present them to the undersigned on or before May 18, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 16, 2017.

William J. Carrington III

694 Tip Top Road

Brevard, NC 28712

T/2/16/4TP-64627

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STATE OF

North Carolina COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-19

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of William Kinzer Hurt of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of William Kinzer Hurt to present them to the undersigned on or before May 2, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 2nd day of February, 2017.

William Kinzer Hurt, Jr., Exec.

2652 Lake Shore Drive

Orlando, FL 32803

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

T/2/2/4TC-64502

 
 

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