The Transylvania Times -

Legal Notices For July 27, 2017

 

July 27, 2017



STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17 E 195

EXECUTOR’S NOTICE

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

This 6th day of July, 2017.

Martha Jane Cuevas and Deborah Smith,

Co-Executors

c/o Margaret M. Hunt, Attorney

P. O. Box 1175

Brevard, NC 28712

T/7/6/4TC-65948

_________________________________________

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Brevard Board of Adjustment will meet in the Council Room of the Municipal Building located at 95 W. Main St. in Brevard, North Carolina, on Tuesday, August 1, 2017 at 3:00 P.M. The following case will be considered:

The purpose of this meeting is to discuss the VARIANCE APPLICATION of The Challenge Foundation Properties of Oregon, Inc. (# V17-000003).

VAR Request – The Challenge Foundation Properties of Oregon, Inc.

Consideration of application (V17-000003) request of The Challenge Foundation Properties of Oregon, Inc. for a 16 square foot variance, per side, of the maximum size of a ground sign in accordance with Chapter 12.9.B.1.iii. The property is zoned Institutional Campus (IC) and is located at 1110 Hendersonville Highway within the corporate limits of the City of Brevard, further identified by PIN 9507-02-3957-000.

The submitted application and accompanying information regarding the above-described request is available for review within the City Planning Department, 95 West Main Street, Brevard, NC 28712.

If you have any questions, please feel free to contact the City of Brevard Planning and Zoning Department at 828-885-5630

T/7/20/2TC-66052

_________________________________________

STATE OF North CAROLINA

Transylvania COUNTY

SUPERIOR COURT

File No. 16-E-01

NOTICE TO CREDITORS

We have qualified as Co-Executors of the Estate of John R. Murray, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them on or before October 13, 2017, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executors.

Dated: July 13, 2017

William G. Murray,

Co-Executor

21 Forest Edge Drive

Asheville, NC 28806

Helen S. Murray,

Co-Executor

1105 Pine Street

Ontonagon, MI 49953

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8736

Attorney for the

Co-Executors

T/7/13/4TC-65996

_________________________________________

STATE OF North CAROLINA

Transylvania COUNTY

SUPERIOR COURT

File No. 17-E-11

NOTICE TO CREDITORS

We have qualified as Co-Executors of the Estate of Malcolm R. Specht, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them on or before October 13, 2017, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executors.

Dated: July 13, 2017

Heidi Specht Lamb,

Co-Executor

416 Twigg Street

Morgantown, WV 26501

Jonathon Richard Specht, Co-Executor

3438 O’Hara Drive

Beavercreek, OH 45434

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8736

Attorney for the

Co-Executors

T/7/13/4TC-65995

_________________________________________

NOTICE OF FORECLOSURE SALE

15 SP 102

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Michael T. Pyle and Elizabeth Ann Holbrook, Husband and Wife, (Michael T. Pyle, deceased) to Resource Real Estate Services, LLC, Trustee(s), dated the 25th day of September, 2012, and recorded in Book DOC 628, Page 346, 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 August 9, 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:

All that certain lot or parcel of land situated in the Hogback Township, Transylvania County, North Carolina and more particularly described as follows: Being all of Lot 240 and Lot 241 of Whisper Lake Subdivision, Phase III, Fairfield Sapphire Valley, recorded in Map Book/Plat Cabinet 4, Slides 95-97, in the office of the Register of Deeds of Transylvania County, North Carolina. Together with improvements located thereon; said property being located at 373 Sunrise Ridge, Sapphire, North Carolina Together with a non-exclusive right-of-way over Sunrise Ridge, a private road, as shown on Plat Cabinet 4, Slide 95, and Sunrise Ridge Court, a private road, and Whisper Lake Drive, a private road, to Whitewater Road, S.R. 1152. Subject to that certain Declaration of Protective Covenants for Whisper Lake Subdivision, recorded in Book 293, Page 584, Transylvania County Registry, to which reference is specifically made, together with any amendments and/or supplementals thereto of public record. The improvements thereon being known as 373 Sunrise Ridge, Sapphire, NC 28774. Being the same lot or parcel of ground which by Deed dated January 9, 2008 and recorded among the Land Records of Transylvania County, State of North Carolina, in Liber/Book 2008000138, was granted and conveyed/assigned by and between Gael Joan Louise Harrison, unto MICHAEL T PYLE and ELIZABETH ANN HOLBROOK.

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.hutchenslawfirm.com

Case No: 1185109 (FC.FAY)

T/7/27/2TC-65927

_________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17 E 194

EXECUTOR’S NOTICE

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

This 6th day of July, 2017.

Susan M. Carroll, Executor

c/o Margaret M. Hunt, Attorney

P. O. Box 1175

Brevard, NC 28712

T/7/6/4TC-65949

_________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E212

EXECUTOR’S – ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: July 27, 2017.

Robert William Kilpatrick

7339 Silversteen Road

Lake Toxaway, NC 28747

T/7/27/4TC-66101

_________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-205

EXECUTOR’S – ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: July 27, 2017.

Lisa M. Riddle

PO Box 832

Pisgah Forest, NC 28768

T/7/27/4TP-66122

_________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-213

EXECUTOR’S – ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: July 27, 2017.

Calvin L. Frady, Jr.

PO Box 16

Penrose, NC 28766

T/7/27/4TP-66123

_________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E132

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: July 27, 2017.

Teri C. Norton

PO Box 388

Rosman, NC 28772

T/7/27/4TP-66141

_________________________________________

 
 

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