The Transylvania Times -

Legal Notices For Sept. 4, 2017

 

September 4, 2017



STATE OF North Carolina, COUNTY OF Transylvania, GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION, 12 CVS 434

NOTICE OF JUDICIAL FORECLOSURE SALE

Deutsche Bank National Trust Company as Trustee for GSAMP 2002-HE2, Mortgage Pass Through Certificates, Series 2002-HE2, Plaintiff,

vs.

William Hemphill; United States Department of Treasury - Internal Revenue Service; Brevard Concrete Materials, LLC; Kingsway Ready Mix, Inc .; Patrick Cooper, Defendant(s).

NOTICE IS HEREBY GIVEN that the undersigned, by virtue of the power and authority contained in that certain ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT entered in the above-captioned case on July 31, 2014 (“Order”), and ORDER TO SUBSTITUTE COUNSEL AND COMMISIONER entered in the above-captioned case on July 17, 2017, whereby the undersigned Jeremy B. Wilkins, has been appointed as Commissioner to sell the property commonly known as 904 Hudlin Gap Road, Pisgah Forest, NC 28768 (“Property”). Said Property is secured by the Deed of Trust executed by William Hemphill and Edna Kay Hemphill, dated December 4, 1997 and recorded on December 8, 1997 in Book 270 at Page 605 and rerecorded/modified/corrected on February 4, 1998 in Book 273, Page 310 and rerecorded/modified/corrected on December 1, 2014 in Book 710, Page 349 of the Transylvania County, North Carolina Registry, together with improvements located thereon, towards satisfaction of the debt due by William Hemphill and Edna Kay Hemphill, and secured by the lien against such property in favor of Deutsche Bank National Trust Company as Trustee for GSAMP 2002-HE2, Mortgage Pass Through Certificates, Series 2002-HE2.

The undersigned Comm-issioner, will offer for sale to the highest bidder at a public auction 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 18, 2017 at 11:00AM the following described real property (including all improvements thereon) located in Transylvania County, North Carolina and described as follows:

TRACT 1: BEGINNING at a stake in the center of a driveway, which stake stands 55 deg. 45 min. East 43 feet, more or less, from a point in the center of the roadway dividing the Hunter and Owen Property (which point is South 13 deg. 19 min. West 182 feet from a poplar on the South side of Hudlin Gap Road, (State Road 1510) and runs thence, with the center of said driveway, three (3) calls as follows: North 67 deg. 45 min. East 107.74 feet; North 79 deg. 59 min. East 125.39 feet; and North 45 deg. 41 min. East 57.74 feet; thence, leaving said driveway, South 51 deg. 19 min. East 42.05 feet to an iron pin; thence North 14 deg. East 136.15 feet; thence South 39 deg. 45 min. East 144.40 feet to a 30 inch maple; thence, with the center of a branch, South 1 deg. 55 min. West 163 feet to an 8 inch maple on the West bank of said creek; thence South 71 deg. 40 min. West 191 feet to a double poplar; thence South 88 deg. 25 min. West 72 feet to a sourwood; thence North 55 deg. 45 min. West 270 feet to the point of BEGINNING, as surveyed and platted by P. R. Raxter, RLS, on January 26, 1972.

AND BEING all of that same property described in Book 222, at Page 459, Transylvania County North Carolina Public Registry, reference to said deed is hereby made for a more particular description of said property.

TRACT 2: BEGINNING at a point in the center of Capps Road, said point also being the northeast corner of property heretofore conveyed by the Grantors herein to Leonard Wynn, et al., thence running with the center of Capps Road, North 36 deg. 15 min. 15 sec. West 12.00 feet; thence, with the line of Elliott, North 24 deg. 54 min. East 155.63 feet; thence, South 41 deg. 00 min. East 11.51 feet; thence, South 24 deg. 54 min. West and total distance of 156.72 feet, passing an iron pin at 38.42 feet, to the point of BEGINNING, Contain-ing .03 acre, more or less, as surveyed and platted by P. R. Raxter, RLS, January 11, 1983.

AND BEING all of that same property described in Book 257, at Page 538, Transylvania County North Carolina Public Registry, reference to said deed is hereby made for a more particular description of said property.

The above described property will be sold, transferred and conveyed “AS IS, WHERE IS” subject to liens or encumbrances of record which are superior to such Deed of Trust, together with all unpaid taxes and assessments and any recorded releases. Neither the Commissioner nor the holder of the debt secured by such Deed of Trust, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Commissioner or the holder of the debt make any representation 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 and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed. The undersigned Commiss-ioner shall convey title to the property by non-warranty deed, without any covenants or warranties, express or implied.

An Order for possession of the property may be issued pursuant to G.S. 1-339.29 (c) in favor of the purchaser and against the party or parties in possession by the judge or 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 10 days’ written notice to the landlord. The notice shall also state that 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.

To the best of the knowledge and belief of the undersigned, the current record owners of the property as reflected on the records of the Transylvania County Register of Deeds office not more than ten (10) days prior to the date hereof are William Hemphill and wife, Edna Kay Hemphill.

A cash deposit of five percent (5%) of the purchasing price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price of bid in cash or certified check at the time the Commissioner tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price of bid at that time, he shall remain liable on his bid as provided for under North Carolina law.

The sale will be reported to the court and will remain open for advance or upset bids for a period of ten (10) days as required by law. If the Commissioner 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 commissioner. If the validity of the sale is challenged by any party, the Commissioner, 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.

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 AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.

Jeremy B. Wilkins, Commissioner

5431 Oleander Drive,

Suite 200

Wilmington, NC 28403

(910) 202-2800 Phone

(888) 207-9353 Facsimile

File No .: 15-25064 -JUD01

M/9/4/2TC-66486

_____________________________________________________________________

NOTICE OF FORECLOSURE SALE, Transylvania County, NORTH Carolina, 17 SP 9

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 covenants, 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 Subdivision.

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

_____________________________________________________________________

NOTICE TO CREDITORS

Having recently qualified as the Personal Represent-ative of the Estate of Edward Hombordy, late of Transyl-vania 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

_____________________________________________________________________

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

_____________________________________________________________________

Notice of Public Hearing

City of Brevard

Proposed Amendments to Unified Development Ordinance

Chapter 2 District Provisions, Density and Dimensional Requirements

The Brevard City Council will hold a public hearing on Monday, September 18, 2017. The hearing will begin at 7:00 p.m. or as soon thereafter as possible in the Council Chambers of the Municipal Building located at 95 West Main Street to consider the following:

Proposed text amendments to the Brevard City Code, Unified Develop-ment Ordinance, Chapter 2 District Provisions. Proposed is amend the density and dimensional requirements by removing the requirement for a Special Use Permit within Downtown and Neighbor-hood Mixed-Use Districts.

The public is invited to attend this public hearing and make comment, either in favor of or in opposition to the proposed text amendments. The proposed text amendments are available for review and are on file in the Brevard Planning Department and available for public inspection during normal hours, Monday-Friday, 8:30 a.m. - 5:00 p.m. For additional information you may call the City Planning Department at (828) 885-5630.

This 30th day of August, 2017.

Desiree D. Perry,

CMC, NCCMC

City Clerk

M/9/4/2TC-66504

 
 

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