The Transylvania Times -

Legal Notices for March 20, 2017

 

March 20, 2017



STATE OF

North Carolina

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

15 CVD 299

NOTICE OF SERVICE OF PROCESS BY

PUBLICATION

COUNTY OF Transylvania, A Body Politic and Corporate, Plaintiff

vs.

ALL UNKNOWN HEIRS AT LAW OR DEVISEES OF EDITH MCCALL BUCHANAN; EDITH GLADYS BUCHANAN; et al, Defendants

To:

All Unknown Heirs at Law or

Devisees of Edith McCall Buchanan

Last Known Address:

c/o Martha B. Stanton

279 Daniels St.

Building 22, Unit C

Fitchburg, MA 01420

Linda Gail Buchanan

a/k/a Linda G. Koski

Last Known Address:

22 Plymouth St. #1

Fitchburg, MA 01420

All Unknown Heirs or

Devisees of John Allan Buchanan

Last Known Address:

291 Isreal Rd.

Brevard, NC 28712

All Unknown Heirs at Law

or Devisees of Trina Ann Mashburn

Last Known Address:

133 Martin Road

Swannanoa, NC 28778

All Unknown Heirs at Law or

Devisees of Martha Marilyn Buchanan Stanton

Last Known Address:

279 Daniels St., Apt 518

Fitchburg, MA 01420

TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action in the County of Transyl-vania, and notice of service of process by publication begins on March 20, 2017.

The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property identified as Parcel ID # 8553-67-1396-000, known as End of SR 1329 (Isreal Rd.), described through legal description at Deed Book 181 at Page 258 of the Transylvania County Registry, which are more completely described in the Complaint. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property.

You are required to defend such pleading no later than forty (40) days after the date of the first Publication of Notice stated above, exclusive of such date, being forty days after March 20, 2017, which is April 29, 2017, and upon your failure to do so, the party seeking service of process by publication will apply to the court for the relief sought.

THIS the 14th day of March, 2017.

ROBERTS & STEVENS, P. A.

_/s/ V. Morgan Bryant__

V. Morgan Bryant

Attorney for Plaintiff

P.O. Box 7647

Asheville, NC 28802

Telephone: (828)252-6600

Facsimile: (828)210-6554

N.C. Bar No.:46677

M/3/20/3TP-64938

______________________________________________________________________________________

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-52

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Caroline N. Wells of Tran-sylvania County, North Carolina, this is to notify all persons having claim against the Estate of Caroline N. Wells to present them to the undersigned on or before June 7, 2017or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 7th day of March, 2017.

Stephen Thomas Wells, Exec.

4616 25th Ave., #704

Seattle, WA 98105

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

M/3/6/4TC-64762

______________________________________________________________________________________

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 Larry Lamar Hamilton And Sandra S. Hamilton to Hutchens, Senter & Britton, P.A., Trustee(s), which was dated March 24, 2014 and recorded on March 28, 2014 in Book DOC 687 at Page 429, 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 April 3, 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:

 

THE FOLLOWING PARTICULARLY DESCRIBED REAL ESTATE, LOCATED IN THE TOWNSHIP OF Brevard, Transylvania County, NORTH Carolina, TO WIT:

BEGINNING ON AN IRON PIN, EVERETT HIPP’S EASTERNMOST CORNER IN THE CECIL WHITMIRE LINE AND RUNS THENCE WITH THE WHITMIRE LINE, North 54 DEG. 15 MIN. EAST 35.5 FEET TO AN IRON PIN; THENCE LEAVING THE WHITMIRE LINE, North 63 DEG. 4 MIN. EAST 140 FEET TO AN IRON PIN; THENCE North 35 DEG. 28 MIN. WEST 89 FEET TO AN IRON PIN; THENCE North 46 DEG. 11 MIN. WEST 76.5 FEET TO AN IRON PIN AT THE END OF AND IN THE CENTER LINE OF AN 18 FOOT RIGHT-OF-WAY HEREINAFTER REFERRED TO; THENCE North 74 DEG. 12 MIN. WEST 70 FEET TO AN IRON PIN IN THE CENTER LINE OF SAID 18 FOOT RIGHT-OF-WAY; THENCE SOUTH 76 DEG. 35 MIN. WEST 49.7 FEET TO AN IRON PIN IN THE CENTER OF SAID 18 FOOT RIGHT-OF-WAY; THENCE SOUTH 52 DEG. 48 MIN. WEST 71.8 FEET TO A STAKE IN THE CENTER LINE OF SAID RIGHT-OF-WAY AT THE POINT WHERE THE SAME WIDENS TO A 34 FOOT RIGHT-OF-WAY FROM SAID POINT ON TO ILLAHEE ROAD; THENCE LEAVING SAID RIGHT- OF-WAY AND RUNNING WITH THE HIPP LINE SOUTH 35 DEG. 51 MIN. EAST 214 FEET TO THE BEGINNING. CONTAINING 82/100 OF AN ACRE, MORE OR LESS, AND BEING AS SURVEYED AND PLATTED BY J. J. BROWN.

FOR THE JOINT USE OF BOTH THE GRANT-EES AND OTHER PARTIES ENTITLED TO THE USE THEREOF, THERE IS ALSO CONVEYED THE JOINT RIGHTS TO THE USE OF THE 18 FOOT AND 34 FOOT RIGHTS-OF- WAY ABOVE REFERRED TO, SAID RIGHTS BEING MORE FULLY DESCRIB-ED IN THE DEED TO THE GRANTORS FROM A. E. TINSLEY AND WIFE, BEULAH J. TINSLEY, WHICH SAID DEED IS RECORDED AT DEED BOOK 179, PAGE 428 IN THE Transylvania County REGISTRY.

 

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

 

Said property is commonly known as 100 Boomer Lane, 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 Larry Lamar Hamilton and wife, Sandra S. Hamilton.

  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 .: 16-21062-FC01

M/3/20/2TC-64901

______________________________________________________________________________________

STATE OF North Carolina

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

15 CVD 120

GENERAL NOTICE OF TAX FORECLOSURE SALE

COUNTY OF

TRANSYLVANIA, A Body Politic and Corporate,

Plaintiff

vs.

UNKNOWN HEIRS OF MARY JANE KEMP and UNKNOWN HEIRS OF MOSE KEMP, Owners

Defendants

Under and by virtue of a Summary Judgment of the District Court Judge for Transylvania County, North Carolina, made and entered in the action entitled “County of Transylvania vs. Unknown Heirs of Mary Jane Kemp, et al.” the undersigned Commissioner will, on the 28th day of March, 2017, at 11:00 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real property described in the attached Exhibit “A” incorporated herein by reference. The property lies within Transylvania County, North Carolina, and is more particularly described in Exhibit “A” PIN: 8586-21-9678-000, North Lane, attached hereto. The sale will be held on the Transylvania Courthouse steps, 7 East Main Street, Brevard, North Carolina, 28712.

The sale will be made subject to all outstanding City and County taxes and all superior restrictions of record and local improvement assessments against the above-described property not included in the Judgment in the above-entitled cause. All junior liens will be extinguished upon sale.

The property, together with all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty.

The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the undersigned will require the successful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable for said bid. The Transylvania County Tax Collector may make a credit bid.

This sale will remain open for ten (10) days, as by law required, at which time an upset bid may be made with the Clerk of Court for Transylvania County, North Carolina. The Notice may be withdrawn at any time until the conclusion of the sale.

This 20th day of February, 2017.

ROBERTS & STEVENS, P.A.

/s/V. Morgan Bryant

V. Morgan Bryant

Commissioner

P.O. Box 7647

Asheville, NC 28802

Telephone: (828) 252-6600

N.C. Bar No. 46677

Posted By: VMB

Date: 2/20/17

EXHIBIT A

PIN: 8586-21-9678-000 (North Lane)

BEGINNING at a stake in the Southeast margin of a twenty foot street, the Northeast corner of that tract of land described in that deed from T. C. Abernethy, Substituted Trustee, to Home Owners’ Loan Corporation, duly recorded in Book 68, Page 463, Transylvania County Public Registry, and running with the Eastern line of said Lot of land and with the line of Lots 12 and 11 as shown on the plat hereinafter referred to, South 53 1/2 East 111 feet to a stake, corner of Lots 12 and 11, and the Southeast corner of the tract of land described in the deed aforesaid; thence with the line of Roy Whitesides and Conley Sharp, and Lots 12, 13 and 14, South 35 West 52 feet to a stake, a new corner; thence North 53 1/2 West and parallel to the East line of the lot conveyed by the Deed aforesaid, a new line 117 feet to a stake in the Southeast margin of said twenty foot street, the North boundry line of the tract of land described in the Deed aforesaid; thence with said margin of said twenty foot street, North 36 1/2 East 52 feet to the point of BEGINNING. The lot hereby conveyed being the Eastern 52 feet of the tract of Lot of land described in that Deed from T. C. Abernethy, Substituted Trustee, to Home Owners’ Loan Corporation, hereinbefore referred to and being part of the R. L. Gash land as shown by Plat thereof recorded in Book 33, Page 31, Public Registry of Transylvania County.

Subject to conditions, restrictions, reservations, limitations or easements, rights and rights of way of record or otherwise affecting said property.

Also being all the property conveyed in a Deed to Mose Kemp and Emma Kemp dated January 10, 1939 and recorded in Deed Book 73 at Page 281, Transylvania County Registry.

M/3/13/2TP-64696

______________________________________________________________________________________

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-54

EXECUTOR’S – ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: March 6, 2017.

Shirley Owen Roper

55 Piney Woods Drive

Brevard, NC 28712

M/3/6/4TP-64802

______________________________________________________________________________________

STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E53

EXECUTOR’S ­– ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: March 6, 2017.

Tonya M. Newman

29 Sam Lance Road

Brevard, NC 28712

M/3/6/4TP-64801

______________________________________________________________________________________

STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E56

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Lena Mae Owens of Tran-sylvania County, North Carolina, this is to notify all persons having claim against the Estate of Lena Mae Owens to present them to the undersigned on or before June 6, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 6, 2017.

Rickey Junior Owens

9 Edna Oakes Road

Hendersonville, NC 28792

M/3/6/4TP-64826

______________________________________________________________________________________

STATE OF

North Carolina

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

15 CVD 62

NOTICE OF SERVICE OF PROCESS BY

PUBLICATION

COUNTY OF Transylvania, A Body Politic and corporate, Plaintiff

vs.

KNOWN AND UNKNOWN HEIRS-AT-LAW OR DEVISEES OF CORDA ARROWOOD HICE AKA CORDIA HICE AKA LILLY CORDIA HICE AKA CORDIE HICE; et al, Defendants

To:

Ruby Rosetta Arrowood Tinsley

Last Known Address:

Unknown

Eugene Tinsley

Last Known Address:

Unknown

Beverly Ann Hicks

Last Known Address:

1600 W. Sherwin Ave.

Chicago, IL 60626

Billy Pittman

Last Known Address:

Unknown

Lori Jones Cook

Last Known Address:

Unknown

Ben Jones

Last Known Address:

Unknown

Ike Jones

Last Known Address:

Unknown

Jimmy Orr, Jr.

Last Known Address:

Unknown

Mary Louise Kelly Worthy

Last Known Address:

Unknown

Donna DeRant

Last Known Address:

Unknown

TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action in the County of Transylvania, and notice of service of process by publication begins on March 13, 2017.

The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property identified as Parcel ID # 8594-78-0471-000, known as Off Highway #1537, described through legal description at Deed Book 96 at Page 77 of the Tran-sylvania County Registry, which are more completely described in the Amended Complaint. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property.

You are required to defend such pleading no later than forty (40) days after the date of the first Publication of Notice stated above, exclusive of such date, being forty days after March 13, 2017, which is April 22, 2017, and upon your failure to do so, the party seeking service of process by publication will apply to the court for the relief sought.

THIS the 7th day of March, 2017.

ROBERTS & STEVENS, P. A.

/s/ V. Morgan Bryant

V. Morgan Bryant

Attorney for Plaintiff

P.O. Box 7647

Asheville, NC 28802

Telephone: (828)252-6600

Facsimile: (828)210-6554

N.C. Bar No.:46677

M/3/13/3TP-64859

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

15 CVD 68

GENERAL NOTICE OF TAX FORECLOSURE SALE

COUNTY OF Transylvania, A Body Politic and Corporate

Plaintiff

vs.

ALBERT L. TURK AND LAWANDA R. TURK, Owners; BLUE RIDGE MOUNTAINS MOTORCOACH RESORT PROPERTY OWNERS ASSOCIATION, INC., Lienholder, and RBC BANK (USA), a North Carolina Financial Institution, Beneficiary

Defendants

Under and by virtue of a Summary and Default Judgment of the District Court Judge for Transylvania County, North Carolina, made and entered in the action entitled “County of Transylvania vs. Albert L. Turk, et al.” the undersigned Commissioner will, on the 28th day of March, 2017, at 11:00 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real property described in the attached Exhibit “A” incorporated herein by reference. The property lies within Transylvania County, North Carolina, and is more particularly described in Exhibit “A” PIN: 8522-20-3257-000, Lot 106 West Resorts Blvd., attached hereto. The sale will be held on the Transylvania Courthouse steps, 7 East Main Street, Brevard, North Carolina, 28712.

The sale will be made subject to all outstanding City and County taxes and all superior restrictions of record and local improvement assessments against the above-described property not included in the Judgment in the above-entitled cause. All junior liens will be extinguished upon sale.

The property, together with all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty.

The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the undersigned will require the successful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable for said bid. The Transylvania County Tax Collector may make a credit bid.

This sale will remain open for ten (10) days, as by law required, at which time an upset bid may be made with the Clerk of Court for Transylvania County, North Carolina. The Notice may be withdrawn at any time until the conclusion of the sale.

This 22nd day of Febru-ary, 2017.

ROBERTS & STEVENS, P.A.

/s/V. Morgan Bryant

V. Morgan Bryant

Commissioner

P.O. Box 7647

Asheville, NC 28802

Telephone: (828) 252-6600

N.C. Bar No. 46677

Posted:

By:__/s/ R&S____

Date:___2/22/17_____

EXHIBIT A

PIN 8522-20-3257-000, Lot 106 West Resorts Blvd.

BEING all of Lot 106 of Phase 1 of Outdoor Resorts Blue Ridge Mountains RV Resort as originally shown on a plat thereof recorded in Plat file 8, Slides 818-823, Transylvania County Registry, and as also shown on a subsequent plat thereof recorded in Plat File 11, Slides 995-998, Transyl-vania County Registry.

Together with a right of way to the public road over and along as of the subdivision roads shown on the recorded plat hereinabove referred to which connect the lot hereinabove described with the public road.

This conveyance is made subject to all easements and other matters shown on the recorded plat herinabove referred to and to the Declaration of Covenants, Conditions, Restrictions and Easement for Outdoor Resorts Blue Ridge Mountains RV Resort recorded in the office of the Register of Deeds for Transylvania County in Documents Book 19 at Page 567, as amended by an amendment thereto recorded in Document Book 32 at Page 95.

Being all of the same land described in a deed from Larry Nystedt and wife, Lynn Nystedt to Albert L. Turk and wife, Lawanda R. Turk, dated June 29, 2009, and recorded in the office of the Register of Deeds for Transylvania County in Document Book 504 at Page 531.

M/3/13/2TP-64722

______________________________________________________________________________________

NOTICE OF

PUBLIC SALE

PURSUANT TO North Carolina G.S. 44A-43

1. Name and address of Lienor:

Cherryfield Self Storage

PO Box 864

Rosman NC 28772

2. Property Being Sold:

Various items of personal property located at Cherryfield Self Storage are being sold pursuant to the assertion of a lien for rental at the Self Storage facility. Sale consists of A22 & B22 Harris, A23 Durham, A25 & F10 Jones, A30 Shook, A46 Vangarsel, A53 Hemphill, C07 Galloway, D22 & D23 Morris, D27 Oliver, D43 Sanchez, D44 Fesperman, D45 Griffin, F18 Shelton, F22 Cox, F33 Jones, H25 & H46 McClain.

3. Place of Sale:

Cherryfield Self Storage

377 Old Rosman Hwy.

Brevard NC 28712

4. Date of Sale:

March 25 2017

5. Time of Sale:

10:00 am

6. Rain Date:

April 1 2017

TM/3/16/2TC-64904

 
 

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