The Transylvania Times -

Legal Notices for May 11, 2017

 

May 11, 2017



NOTICE TO PUBLIC

FY 2017-18

Transylvania County BUDGET

PROPOSAL & BUDGET WORKSHOP SCHEDULE

The FY 2017-18 Budget proposal for Transylvania County was formally presented to the Board of Commissioners during a regular meeting on May 9, 2017 and is available for public inspection. A copy of the FY 2017-18 Budget proposal is available in the office of the Clerk to the Board at the County Administration Building, 101 South Broad St., Brevard, weekdays, 8:30 a.m. to 5:00 p.m. A copy has also been placed at the Transylvania County Library and posted online at http://www.transylvaniacounty.org.

The Board of Commiss-ioners has scheduled a budget workshop for Monday, May 15, 2017 beginning at 6:00 p.m. The budget workshop will be held in Commissioners’ Chambers at the County Administration Building. If needed, additional workshops will be scheduled. The public hearing date will be published as a separate notice.

All meetings of the Board of Commissioners are open to the public in accordance with North Carolina Open Meetings Law. The meeting facilities are handicap accessible and anyone requiring special assistance should notify the Clerk to the Board at (828) 884-3271 as soon as possible.

This the 9th day of May, 2017.

Trisha M. Hogan

Clerk to the Board

T/5/11/1TC-65502

_______________________________________________

Public Notice

The proposed budget of Vaya Health, formerly Smoky Mountain Center for Mental Health, Develop-mental Disabilities and Substance Abuse Services, for the fiscal year beginning July 1, 2017 will be presented to the governing Board on Thursday May 25, 2017, at the regularly scheduled Board meeting in Asheville, NC. The Board will hold a public hearing on the proposed budget at the May 25, 2017 meeting and will take comments at that time. The budget will be available for further public inspection beginning June 1, 2017 in the office of the Clerk to the Board at 200 Ridgefield Court, Suite 206, Asheville, NC. The proposed budget may also be viewed online at http://vayahealth.com/ beginning June 1, 2017. The governing Board will take action on the budget at the regularly scheduled Board meeting on June 22, 2017 in Asheville, NC.

MT/5/8/2TC-65368

_______________________________________________

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E113

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Peter Duncan Lindsay of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Peter Duncan Lindsay to present them to the undersigned on or before July 27, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 27, 2017.

Judy L. Mitchell

20 Reynolda Drive

Asheville, NC 28803

Attorney:

Brian P. Philips

PO Box 432

Brevard, NC 28712

T/4/27/4TP-65300

_______________________________________________

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E128

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Beth Maren Hamilton of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Beth Maren Hamilton to present them to the undersigned on or before August 11, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: May 11, 2017.

Brian P. Philips

30 N. Country Club Road

Brevard, NC 28712

Attorney:

Brian P. Philips

PO Box 432

Brevard, NC 28712

T/5/11/4TC-65498

_______________________________________________

16-SP-0037

NOTICE OF SUBSTITUTE TRUSTEE’S

FORECLOSURE SALE OF REAL PROPERTY

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Betty Hunter and Thomas Hunter dated April 24, 2000 and recorded on April 27, 2000, in Book 10 at Page 259, in the Office of the Register of Deeds of Transylvania County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned of Poore Substitute Trustee, LTD (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, on May 16, 2017 at 11:00 AM, and will sell to the highest bidder for cash the following real estate situated in the County of Transyl-vania, North Carolina and being more particularly described in the above referenced Deed of Trust:

Address of Property:

5 Gobler Knob

Penrose, NC 28766

Tax Parcel ID:

9516-78-8589-000

Present Record Owner:

Betty Hunter and Thomas Hunter

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §45-21.23.

The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. The Substitute Trustee reserves the right to require a cash deposit or a certified check not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred fifty Dollars ($750.00). In the event that the holder is exempt from paying the same, the successful bidder may also be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax, and the tax required by N.C.G.S. §7A-308 (a) (1).

The real property described above is being offered for sale ‘‘AS IS, WHERE IS’’ and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as required by law.

If the Trustee or Substitute 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 title include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without knowledge of the Substitute Trustee(s). If the validity of the sale is challenged by any party, the Substitute Trustee(s), in its/their sole discretion, if it/they believe(s) the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Additional Notice where the Real Property is Residential with less than 15 Rental Units:

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 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 ten (10) days, but no more than ninety (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. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of such termination.

T/5/4/2TC-65168

_______________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-114

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Linda Fay McNeil Huey of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Linda Fay McNeil Huey to present them to the undersigned on or before July 27, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 27, 2017.

Juana V. Siniard

PO Box 26

Brevard, NC 28712

T/4/27/4TP-65293

_______________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

File No: 16 SP 96

NOTICE OF SALE

TAKE NOTICE THAT: Raintree Realty and Construction, Inc., Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as follows:

1. The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Dennis Alan Summey, single, original mortgagor, and recorded in the Office of the Transyl-vania County Register of Deeds in Deed of Trust Book DOC 299, at Page 581. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A

2. The property will be sold by the Substitute Trustee at 12:00 p.m. (noon) on the 18th day of May, 2017 at the Transylvania County Courthouse door in the City of Brevard, North Carolina.

3. The real property to be sold is generally described as 300 Clara Valley Road, Brevard, NC 28712* and is more particularly described as follows:

Being all of that property described in that certain Deed of Trust recorded in Book DOC 299, at Page 581 of the Transylvania County, North Carolina Registry.

Any property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Transylvania County, North Carolina Registry.

*The general description of the property is provided for convenience but is not guaranteed; the legal description in the Deed of Trust controls.

4. Any buildings located on the above-described property are also included in the sale.

5. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substitute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00).

6. All bidders bid for the property AS IS on the date of sale. Absolutely no warranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee.

7. The property will be sold subject to all unpaid taxes and special assessments.

8. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust.

9. 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.

10. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units, including single-family residential real property: 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. 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.

11. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to North Carolina General Statute section 45-21.33A.

THIS the 8th day of March, 2017.

SUBSTITUTE TRUSTEE:

RAINTREE REALTY AND

CONSTRUCTION, INC.

By: Joel T. York, Vice-President

P.O. Box 8942

Asheville, NC 28814

T/5/4/2TC-64939

_______________________________________________

 
 

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