The Transylvania Times -

Legal Notices for September 11, 2017

 

September 11, 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 Decem-ber 1, 2014 in Book 710, Page 349 of the Transyl-vania 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 Comm-issioner 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

____________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No. 16 E 375

NOTICE TO CREDITORS AND DEBTORS

OF Katy Wynne Hooper (aka Katy Wynne Hooper Hooper), deceased of Transylvania County, N.C., are notified to exhibit the same to the undersigned on or before December 12th, 2017, or this notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment.

This 11th day of Septem-ber, 2017.

Marie Hooper Baldridge, Executor

c/o Andrew W. Blair

Manning, Fulton & Skinner, P.A.

P.O. Box 20389

Raleigh, NC 27619

M/9/11/4TP-66583

____________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-32

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Mildred G. Jaggard of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Mildred G. Jaggard to present them to the undersigned on or before December 11, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 11th day of September, 2017.

Craig Robert Jaggard, Exec.

PO Box 576

Marion, NC 28752

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

M/9/11/4TC-66584

____________________________________________

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

____________________________________________

Public Notice

North Carolina Environmental Management Commission/NPDES Unit

1617 Mail Service Center

Raleigh, NC 27699-1617

Notice of Intent to Issue a NPDES Wastewater Permit

The North Carolina Environmental Manage-ment Commission proposes to issue a NPDES wastewater discharge permit to the person(s) listed below. Written comments regarding the proposed permit will be accepted until 30 days after the publish date of this notice. The Director of the NC Division of Water Resources (DWR) may hold a public hearing should there be a significant degree of public interest. Please mail comments and/or information requests to DWR at the above address. Interested persons may visit the DWR at 512 N. Salisbury Street, Raleigh, NC to review information on file. Additional information on NPDES permits and this notice may be found on our website: http://deq.nc.gov/ about/divisions/water-resources/water-resources-permits/wastewater-branch/ npdes-waste water/public-notices,or by calling (919) 807-6397.

Carolina Water Service, Inc. requested modification of NPDES permit NC0024295 for the Conn-estee Falls WWTP No.1 in Transylvania County; this permitted discharge is treated domestic wastewater to the French Broad River, in the French Broad River Basin.

M/9/11/1TC-66587

____________________________________________

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 Development 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 Neigh-borhood 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

____________________________________________

LEGAL NOTICE

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

INVITATION FOR UPSET BID

In accordance with NC General Statute 160A – 269, Transylvania County hereby notices receipt of an offer of $17,250 and required five percent (5%) deposit for a parcel of real property containing 1.40 more or less acres of land, located at 379 Ross Road (old Animal Shelter property) in unincorporated Transylvania County, North Carolina, that has been declared surplus by the Transylvania County Board of Commissioners.

Within 10 days from September 11, 2017, any person desiring to upset the bid offer shall submit a sealed bid that is not less than 10 percent (10%) of the first $1,000 and five percent (5%) of the remainder. When a bid is raised, the bidder shall deposit with the Clerk to the Board of Commissioners five percent (5%) of the increased bid, and the Clerk shall re-advertise the offer at the increased bid amount. Bidders shall not attach any conditions to their bids. This procedure shall be repeated until no further qualifying upset bids are received, at which time the Board of Commissioners may accept the offer(s) and the sell the parcel to the highest bidder(s).

Bids shall be delivered to the office of the Clerk to the Board of Commiss-ioners, 101 S. Broad Street, Brevard, NC 28712, no later than 5:00 p.m., Thursday, September 21, 2017. Bid deposit shall be in the form of a certified check, cash, or official bank check (no personal checks) made payable to Transylvania County.

Transylvania County reserves the right to withdraw the property from sale at any time before the final high bid is accepted and further reserves the right to reject at any time all bids. For additional information regarding terms and conditions of the upset bid process, contact Clerk to the Board Trisha Hogan at (828) 884-3271.

This the 8th day of Sept-ember, 2017.

Trisha M. Hogan

Clerk to the Board

M/9/11/1TC-66593

____________________________________________

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

____________________________________________

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. 17E271

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of David Hampton Weibel of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of David Hampton Weibel to present the

m to the undersigned on or before December 11, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: September 11, 2017.

Janice V. Philpot

32 Gillespie Circle

Brevard, NC 28712

Peter H. Weibel

370 Park Ave.

Brevard, NC 28712

M/9/11/4TP-66585

____________________________________________

 
 

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