The Transylvania Times -

Legal Notices For August 28, 2017

 

August 28, 2017



NOTICE TO CREDITORS

Having recently qualified as the Personal Represent-ative of the Estate of Edward Hombordy, late of Transylvania County, North Carolina, this is to notify all persons, firms and corporations having claims against said estate to present them to the undersigned, duly verified, on or before the 14th day of November, 2017, or else this Notice will be pleaded in bar of recovery. All persons, firms and corporations indebted to said estate will please make immediate payment to the undersigned.

This the 14th day of August, 2017.

Ann Marie Hombordy, Personal Representative of the Edward Hombordy Estate

c/o R. Walton Davis, III, PA

207 E. State Street

Black Mountain, NC 28711

M/8/14/4TP-66339

___________________________________________

17 SP 9

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 James R. Lestoric and Kim P. Lestoric to PRLAP, Inc., Trustee(s), which was dated September 18, 2003 and recorded on September 19, 2003 in Book 000193 at Page 000764, 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 September 11, 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:

TRACT I: Being all of Lot 10 of Sapphire Village Subdivision as more particularly described in a deed from Kenneth J. Wilson and wife, Laura E. Wilson, to Francis B. Longley and wife, Marguerite E. Longley, dated April 27, 1977, and recorded in Book 226, page 622, Records of Deeds for Transylvania County to which reference is hereby made for a more complete description thereof.

Also being all of the same land described in a deed from Francis B. Longley and wife, Marguerite E. Longley, to Joe B. Baldridge and wife, Emily G. Baldridge, dated October 31, 1983, and recorded in Book 264, page 321, Records of Deeds for Transylvania County.

There is also conveyed hereby and herewith a right-of-way to the public road over and along the private roads which now connect the land hereinabove described with the public road, said right-of-way to be for travel of all kinds, on foot and with all types of vehicles, with the right of ingress, egress and regress over and along the same in common with all others entitled to the use thereof.

TRACT II: Being all of Lot 11 of Sapphire Village Subdivision as more particularly described in a deed from Kenneth J. Wilson and wife, Laura E. Wilson, to Joe B. Baldridge and wife, Emily G. Baldridge, dated October 11, 1971, and recorded in Book 192, page 507, Records of Deeds for Transylvania County, to which reference is hereby made for a more complete description thereof.

There is also conveyed hereby and herewith all water rights, water line rights-of-way, well and reservoir access rights-of-way, road rights-of-way and other rights and rights-of-way set out in the deed recorded in Book 192, page 507, hereinabove referred to, subject, however, to all water system and road maintenance obligations, restrictive coven-ants, road easements, utility line easements and water system easements set out in said deed including specifically a 40 foot wide easement for a central system for obtaining water for other residences in Sapphire Village Subdivision which is located within a radius of 40 feet from a stake located in the center of the unnamed circle (driveway) located at the easternmost corner of Lot 11 of Sapphire Village Sub-division.

Tracts I and II hereinabove described being all of the same land, rights and rights-of-way described in a deed from Joe B. Baldridge and wife, Emily G. Baldridge, to James Douglas Baldridge and wife, Courtney R. Baldridge, dated August 24, 1990, and recorded in Book 332, page 270, Records of Deeds for Transylvania County.

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

Said property is commonly known as 263 Village Way and Lot 10 adjacent to 263 Village Way, Sapphire, NC 28774.

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 James R. Lestoric and Kim P. Lestoric.

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 .: 16-21467-FC01

M/8/28/2TC-66399

___________________________________________

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 17 E 243

North CAROLINA

Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF ROSEMARY JANES MACQUEEN, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Executor of the Estate of Rosemary Janes MacQueen, deceased, late of July 5, 2017 County, North Carolina, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before November 28, 2017, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 22nd day of August, 2017.

Cheryl Tyler MacQueen, Executor Estate of Rosemary Janes MacQueen

Lorin G. Page,

Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

M/8/28/4TC-66440

___________________________________________

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 17 E 239

North CAROLINA

Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF NICHOLAS MIHALAS, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Executor of the Estate of Nicholas Mihalas, deceased, late of Transylvania County, North Carolina, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before November 28, 2017, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 23rd day of August, 2017.

Elaine Mihalas, Executor

Estate of Nicholas Mihalas

Lee C. Mulligan,

Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

M/8/28/4TC-66452

___________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-224

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Roger Edwin Campbell of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Roger Edwin Campbell to present them to the undersigned on or before November 28, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 28, 2017.

Jacolyn Campbell

131 Double Falls Road

Pisgah Forest, NC 28768

M/8/28/4TP-66453

___________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 16-E-361

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Phyllis I. Stout of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Phyllis I. Stout to present them to the undersigned on or before Novem-ber 7, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 7th day of August, 2017.

Bruce D. Stout, Exec.

171 Seabrook Rd.

Lambertville, NJ 08530

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

M/8/7/4TC-66262

___________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17 SP 54

In the Matter of Foreclosure of Claim of Lien filed against JOHN TIMIS, and ADRIANA TIMIS under power of sale

NOTICE OF FORECLOSURE SALE

NOTICE IS HEREBY GIVEN THAT by virtue of the power of sale contained in the Restated Protective Covenants for Indian Lake estates (“Covenants”) and recorded in Deed Book 26, Page 3 at Register of Deeds in Transylvania County, North Carolina Registry and pursuant to N.C. Gen. Stat. §45-21.16 and because of default in the payment of association assessments, the undersigned Trustee, Brentley D. Cronquist shall on September 1st, 2017, at 11:00 a.m., at the door of the Transylvania County Courthouse, offer for sale at public auction to the highest bidder for cash, the following described property:

LEGAL DESCRIPTION: Being all of that property more particularly described by deed thereof recorded in Book 424, at Page 358 in the Transylvania County Register of Deeds Office.

By way of illustration only, and not limitation, the property is further described as:

Being all of Lot No. 6 of Section 5 of Indian Lake Estates Subdivision of a portion of the property of Indian Lake Company as shown by a plat recorded in Plat Book 5, Page 66, Records of Plats of Transylvania County.

The terms of the sale are that the real property hereinabove described will be sold for cash to the highest bidder and that the undersigned may require the successful bidder at the sale to immediately deposit cash in the amount of ten (10%) percent of the high bid up to $1,000.00, plus five (5%) percent of any excess of $1,000.00. The real property hereinabove described will be sold subject to all prior liens, unpaid taxes, restrictions and easements of record, tax liens and assessments. 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.

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 upon ten (10) days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rennet due under the rental agreement prorated to the effective date of the termination.

The sale will be held open for ten (10) days for upset bids as by law required.

The record titleholder to said property, ten (10) days prior to posting of this Notice, are John Timis and Adriana Timis.

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXCEPT IN THE INSTANCE OF BANKRUPTCY PROTECTION. IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED BECAUSE OF THE BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIRE-MENT AND FOR INFORMATINOAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT FROM YOU PERSONALLY.

This is the 11th day of August 2017.

Brentley D. Cronquist, Trustee

M/8/21/2TC-66365

___________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO: 17-E-231

IN THE MATTER OF THE ESTATE OF GEORGE H. WOLF

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of GEORGE H. WOLF of Hernando County, Florida, this is to notify all persons having claims against the Estate of GEORGE H. WOLF to present them to the undersigned on or before November 6, 2017, or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

This the 3rd day of August, 2017.

Daniel E. Wolf

c/o Tony C. Dalton, Esq.

542 South Caldwell Street

Brevard, NC 28712

M/8/7/4TC-66267

___________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17 E 225

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of Kenneth Wright of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Kenneth Wright to present them to the undersigned on or before November 7, 2017 or the claim will be forever barred thereafter. All persons indebted to the said estate, please make immediate payment.

This 7th day of August, 2017.

Gina Wright-Chong

1460 N. Sandburg Terrace

Apt. 2212

Chicago, IL 60610

Attorney:

Margaret M. Hunt

P O Box 1175

Brevard, NC 28712

M/8/7/4TC-66265

___________________________________________

 
 

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