The Transylvania Times -

Legal Notices For August 31, 2017

 

August 31, 2017



IN THE GENERAL COURT OF JUSTICE OF North CAROLINA

SUPERIOR COURT DIVISION Transylvania COUNTY

17SP38

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY STEVEN NEAL EVERSON AND KIMBERLY KAY EVERSON DATED DECEMBER 30, 2011 AND RECORDED IN BOOK DOC 600 AT PAGE 653 IN THE Transylvania County PUBLIC REGISTRY, North CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:00AM on September 6, 2017 the following described real estate and any other improvements which may be situated thereon, in Transylvania County, North Carolina, and being more particularly described as follows:

ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE BOYD TOWNSHIP, Transylvania County, NORTH Carolina AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING ALL OF LOT 21, CONTAINING 3.3312 ACRES, MORE OR LESS, OF PHASE 2 OF LOBDELL WOODS AS SHOWN ON A PLAT THEREOF RECORDED IN PLAT FILE 10, SLIDES 304-305, RECORDS OF PLATS FOR Transylvania County, NC. BEING THE SAME PROPERTY CONVEYED TO STEVEN NEAL EVERSON AND KIMBERLY KAY EVERSON BY DEED FROM STEVEN NEAL EVERSON RECORDED 09/04/2009 IN DEED BOOK 589 PAGE 590, IN THE REGISTER OF DEEDS OFFICE OF Transylvania County, NORTH Carolina.

And Being more commonly known as: 5253 Asheville Hwy, Pisgah Forest, NC 28768

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Steven Neal Everson.

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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.

SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is July 28, 2017.

Grady I. Ingle or Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

17-091405

T/8/24/2TC-66197

_______________________________________

NOTICE TO CREDITORS

The undersigned, having qualified as Executor of the Estate of Lorance Calvin Ferguson, deceased, late of Transylvania County, North Carolina, does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned:

Victor K. Munson, Executor

c/o Burt Langley, P.C.

PO Box 7007

Asheville, NC 28802

on or before November 10, 2017, or this Notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will please make immediate payment to the undersigned at the address listed above.

This the 10th day of August, 2017.

Victor K. Munson, Executor

of the Estate of Lorance Calvin Ferguson

Transylvania Estate File 17-E-229

April M. Burt

Attorney for the Administrator

Of the Estate of Lorance Calvin Ferguson

Burt Langley, PC

PO Box 7007

Asheville, NC 28802

T/8/10/4TC-66306

_______________________________________

IN THE CIRCUIT COURT OF THE FIFTHEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO .: 17-CA-009478-XXXX-MB

In re:

ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF

MED-CARE MEDICAL & PHARMACY, INC., a North Carolina corporation, Assignor,

To:

ROSS R. HARTOG, Assignee.

NOTICE OF ASSIGNMENT

TO CREDITORS AND OTHER INTERESTED PARTIES, PLEASE TAKE NOTICE THAT:

1. On August 22, 2017, a petition was filed commencing an assignment for the benefit of creditors pursuant to Chapter 727, Florida Statutes, made by Med-Care Medical & Pharmacy, Inc. (the “Assignor”), with its principal place of business at 50 Commerce Street, Unit 2, Brevard, NC 28412, to Ross R. Hartog (the “Assignee”), whose address is 101 NE Third Avenue, Suite 1210, Fort Lauderdale, FL 33301.

2. Pursuant to Section 727.105, Florida Statutes: (a) proceedings may not be commenced against the Assignee except as provided in Chapter 727, Florida Statutes, and (b) except in the case of a consensual lienholder enforcing its rights in collateral, there shall be no levy, execution, attachment, or the like in the respect of any judgment against assets of the estate, other than real property, in the possession, custody, or control of the Assignee.

3. YOU ARE HEREBY further notified that in order to receive any dividend in this proceeding you must file a proof of claim with the Assignee on or before December 20, 2017 (120 days from the date the petition was filed).

Dated: August 22, 2017

MARKOWITZ, RINGEL, TRUSTY & HARTOG, P.A.

Attorneys for Assignee

101 NE Third Avenue, Suite 1210

Fort Lauderdale, Florida 33301

Tel: (954) 767-0030

Fax: (954) 767-0035

Primary email:

litservice@mrthlaw.com

Secondary email:

grobson@mrthlaw.com

By: /s/ Grace E. Robson GRACE E. ROBSON

Florida Bar No. 0178063

17-0826/728015_1

T/8/31/4TP-66462

_______________________________________

NEWSPAPER ADVERTISEMENT FOR THE PROJECT

Transylvania ECONOMIC ALLIANCE / Transylvania County 60,750 SQ INDUSTRIAL BUILDING & UPFIT

Notice is hereby given that Transylvania Econo-mic Alliance in partnership with Transylvania County will be accepting sealed bids from prequalified single prime contractors for the construction of a 60,750 sf new insulated precast concrete shell building, including upfit and associated site work. The project site is Brevard, North Carolina.

Complete plans, specifications and contract documents will be available beginning Thursday, August 31, 2017. Hard copies are available for viewing only at the following location: Transylvania Economic Alliance,

147 E Main Street, Suite 301, Brevard, NC 28712.

Electronic (PDF) format is available for all prequalified contractors. The bid package can also be obtained at ARC Repro-graphics in Charlotte: ARC, 800 Clanton Road Charlotte, NC 28217 or (704)333-3009.

A MANDATORY Pre-Bid Meeting will be held for all Prequalified General Contractors on Wednesday, September 6, 2017 at 1:00 PM EST. The Pre-Bid Meeting will be held at the Transylvania County Administration Building, Board of Commissioners Chambers, 101 South Broad St, Brevard, NC 28712. Parking is available in the public parking lot located on East Morgan Street. Additional on-street parking is available in designated locations throughout downtown Brevard.

Only contractors that have been prequalified by Transylvania Economic Alliance and Transylvania County will be able to submit a bid package for the project. The following are Prequalified General Contractors for this project:

- Harper Construction

- Hickory Construction

- Kirkland

- MB Kahn Construction

- Matthews Construction

- Vannoy Construction

Questions regarding this IFB should be submitted in writing by 5:00 PM EST on Tuesday, September 12, 2017 via email to Paul Garafola at paul@whnarch. com.

The Owner/Architect will received sealed bids on Thursday, September 21, 2017 at 2:00 PM EST in the Board of Commissioners Chambers in the Transyl-vania County Administ-ration Building located at 101 South Broad Street, Brevard, NC 28712. Bids received after the specified date and time will not be accepted. Bids will be opened and read aloud.

Transylvania Economic Alliance and Transylvania County reserve the right to reject any and all bids in whole or in part and to waive such informalities as may be permitted by law. Final acceptance of any bid submitted is contingent on approval of the Transylvania County Board of Commissioners.

The building project will be funded by Transylvania County, a Golden LEAF Foundation grant and other state funding.

T/8/31/1TC-66491

_______________________________________

CREDITOR’S NOTICE

Having qualified as Executrix of the Estate of William Davis Parris, deceased, late of Brevard, North Carolina , this is to notify all persons, firms and corporations having claims against the decedent to exhibit the same to the undersigned Executrix on or before the 30th day of November, 2017, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the estate should make immediate payment.

This, the 24th day of August, 2017.

Estate of Raymond William Davis Parris

C/O Timithy R. Cosgrove

Attorney for Executrix

100A Chadwick Square Court

Hendersonville, North Carolina 28739

T/8/24/4TC-66441

_______________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

File No: 17 SP 59

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 Joyce G. Young a/k/a Peggy G. Young, original mortgagor, and recorded in the Office of the Transylvania County Register of Deeds in Deed of Trust Book DOC 669, at Page 1. 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 10:00 a.m. on the 14th day of September, 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 Lot A-12A, Line Runner Lake Road, Rosman, NC 28772* and is more particularly described as follows:

Being all of that property described in that certain Deed of Trust recorded in Book DOC 669, at Page 1 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 August, 2017.

SUBSTITUTE TRUSTEE:

RAINTREE REALTY AND

CONSTRUCTION, INC.

By: Joel T. York, Vice-President

P.O. Box 8942

Asheville, NC 28814

Phone: (828) 777-5250

T/8/31/2TC-66324

_______________________________________

STATE OF North CAROLINA

Transylvania COUNTY

SUPERIOR COURT

File No. 17-E-242

NOTICE TO CREDITORS

We have qualified as Co-Administrators of the Estate of Beulah Marie Kovac, Deceased, of Okeechobee County, Florida. All persons, firms, and corporations having claims against the Estate must present them to me on or before November 17, 2017 or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Administrators.

Dated: August 17, 2017

Bruce Alan Kovac

2054 NE 54 Trail

Okeechobee, FL 34972

Cynthia R. Ebanks

13565 NW 160th Street

Okeechobee, FL 34972

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Administrators

T/8/17/4TC-66391

_______________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-234

EXECUTOR’S – ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: August 10, 2017.

Ralph Vernon Cobb

360 Millbrook Drive

Brevard, NC 28712

T/8/10/4TP-66300

_______________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-248

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Sandra J. Hutcheson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Sandra J. Hutcheson to present them to the undersigned on or before December 1, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 31, 2017.

Patricia Ann Buchanan

451 Youngs Schoolhouse Rd

Woodruff, SC 29388

Danni Lynn Banks

5089 Highway 109

Molena, GA 30258

T/8/31/4TP-66483

_______________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-250

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Julanne McCrory Barham of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Julanne McCrory Barham to present them to the undersigned on or before December 1, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 31, 2017.

Terry Lee Barham

171 S. Johnson St.

Brevard, NC 28712

T/8/31/4TP-66488

_______________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 17E241

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Patricia Ann Burton Shores of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Patricia Ann Burton Shores to present them to the undersigned on or before November 17, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 17, 2017.

William Burton Kilpatrick

163 Calvert Road

Brevard, NC 28712

T/8/17/4TP-66389

_______________________________________

 
 

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