The Transylvania Times -

Legal Notices for September 28, 2017

 

September 28, 2017



AMENDED NOTICE OF FORECLOSURE SALE

15 SP 115

Under and by virtue of the power of sale contained in a certain Deed of Trust made by James E. Jones, Jr. and Pamela W. Jones (PRESENT RECORD OWNER(S): James Ernest Jones, Jr.) to James R. Manion, III, Trustee(s), dated the 4th day of February, 2003, and recorded in Book 172, Page 219, 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 October 11, 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:

BEING all of Lot 9 of the Rheumma Merrill Subdivision as depicted on that plat of survey for “James E. Jones, Jr. & wife, Pamela W. Jones,” by Robert Raxter, NC RLS L-2785, recorded at File 9, Slide 762, Transylvania County Registry, reference to which plat is hereby made for a more complete description in metes and bounds. Together with improvements located thereon; said property being located at 1 Bye Leaf Road, Penrose, North Carolina. ALSO CONVEYED is a 6 acre tract titled “6.00 ACRES - Being a portion of the James E. Jones, Jr. & wife, Pamela W. Jones property,” as depicted on the above-referenced plat, reference to which plat is hereby made for a more complete description in metes and bounds. Said 6.00 acre tract is a portion of that 30 acre tract conveyed to the Grantors herein by that deed recorded in Deed Book 45, Page 300, Transylvania County Registry.

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: 1170901 (FC.FAY)

T/9/28/2TC-66635

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PUBLIC NOTICE

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, October 3, 2017 at 3:00 P.M. The following case will be considered:

SPECIAL USE APPLICATION of Jodi Joanne Miller.

SUP Request – Jodi Joanne Miller

Consideration of Applic-ation for Special Use Permit #SUP-17-002 by Jodi Joanne Miller for Dog Training Classes and Dog Daycare Facility on property located at 340 Greenville Highway within the corporate limits of the City of Brevard, in a NMX zoning district and further identified by PIN# 8585-77-9731-000.

The submitted application and accompanying information regarding the above-described request is available for review within the City Planning Depart-ment, 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/9/21/2TC-66709

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IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 17 E 190

North CAROLINA

Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF EILEEN FORTENER, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Executor of the Estate of Eileen Fortener, 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 December 21, 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 18th day of September,2017.

Thomas Fortener, Executor

Estate of Eileen Fortener

Erica M. Erickson, Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

T/9/21/4TC-66671

_________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-260

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Robert F. Jaggard of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Robert F. Jaggard to present them to the undersigned on or before December 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 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

T/9/7/4TC-66500

_________________________________________________

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

15 CVD 70

GENERAL NOTICE OF TAX FORECLOSURE SALE

COUNTY OF Transylvania, A Body Politic and Corporate,

Plaintiff

vs.

HEIRS OF EVON LYNCH KELLEY; VINCENT EUGENE LYNCH, et al, Defendants

Under and by virtue of a Summary and Default Judgment of the District Court Judge for Transyl-vania County, North Carolina, made and entered in the action entitled “County of Transylvania vs. Heirs of Evon Lynch Kelley, et al.” the undersigned Commissioner will, on the 5th day of October, 2017, at 11:00 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real property described in the attached Exhibit “A” incorporated herein by reference. The property lies within Transylvania County, North Carolina, and is more particularly described in Exhibit “A” PIN: 8586-22-3131-000, Lots 46 and 47, West Lane, attached hereto. The sale will be held on the Transylvania Courthouse steps, 7 East Main Street, Brevard, North Carolina, 28712.

The sale will be made subject to all outstanding City and County taxes and all superior restrictions of record and local improvement assessments against the above-described property not included in the Judgment in the above-entitled cause. All junior liens will be extinguished upon sale.

The property, together with all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty.

The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the undersigned will require the successful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable for said bid. The Transylvania County Tax Collector may make a credit bid.

This sale will remain open for ten (10) days, as by law required, at which time an upset bid may be made with the Clerk of Court for Transylvania County, North Carolina. The Notice may be withdrawn at any time until the conclusion of the sale.

This 31st day of August, 2017.

ROBERTS & STEVENS, P.A.,

COMMISSIONER

/s/John D. Noor

John D. Noor

P.O. Box 7647

Asheville, NC 28802

Telephone:

(828) 252-6600

N.C. Bar No. 43102

Posted: By:__JDN________

Date:___8/31/17_____

EXHIBIT A

PIN 8586-22-3131-000, Lots 46 and 47, West Lane

BEGINNING on a stake in the Northwest margin of a twenty foot road or street, corner of Lots Nos. 45 and 46, of the R.L. Cash subdivision and runs with the margin of said road or street, North 53 ½ degrees West 118 feet to a stake in Lynch line; thence South 3 degrees West with Lynch Line, 91 feet to a stake in the English line; thence South 48 degrees East with said line 67 feet to a stake, corner of said Lots Nos 45 and 46; thence North 30 ½ degrees East with Smith line 78 feet to the BEGINNING.

Being Lots Nos 46 and 47 of the R.L. Cash Subdivision as surveyed and mapped by A.L. Hardin, September 1915, which map is recorded in Book 33 at Page 31 of the Deeds Records of Transylvania County.

It is herein noted that on December 28, 1952 the Grantors deed a right of way to the Town of Brevard for watermains through Lot 34 of R.L. Cash lands said deed being recorded in Book 100 at Page 473 of the Transylvania County Deed Records. According to the terms of said deed, a part of the consideration of said deed was free water taps to Lots 34 and 46 to grantors or their assigns.

The right of free tap for Lot 46 is conveyed with the above described property.

Being that same property conveyed in a Deed from Millard Kelly to Millard Kelly and wife Evon Kelly dated July 16, 1967 and recorded in Deed Book 173 at Page 208, Transylvania County Registry.

T/9/21/2TP-66515

_________________________________________________

NOTICE OF PUBLIC SALE

PURSUANT TO North CAROLINA

G.S. 44A-43

1. Name and Address of Lienor:

ShowTime Mini-Storage

16792 Rosman Highway

Lake Toxaway, NC 28747

2. Date of Sale: Saturday,

October 7, 2017

3. Time of Sale 10.00 A.M.

4. Place of Sale:

ShowTime Mini-Storage

16792 Rosman Highway

Lake Toxaway, NC 28747

5. The contents of following

Storage space to satisfy lien:

#C41 (Galloway), C05 (Leonard)

MT/9/25/2TC-66730

_________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-264

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Shirley L. Green of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Shirley L. Green to present them to the undersigned on or before December 7, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: September 7, 2017.

Anne G. Ramey

120 Ramey Hill Rd

Lake Toxaway, NC 28747

T/9/7/4TP-66546

_________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E292

EXECUTOR’S – ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: September 28, 2017.

Mandi Jean Maskell

328 King Circle

Pisgah Forest, NC 28768

T/9/28/4TP-66764

_________________________________________________

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 17 E 258

North CAROLINA

Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF DONNA MAE PARKER, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Executor of the Estate of Donna Mae Parker, 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 December 7, 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 1st day of September,2017.

Nora Ann Cordrey, Executor

Estate of Donna Mae Parker

Erica M. Erickson, Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

T/9/7/4TC-66572

_________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E263

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Bonnie Bearss Burgan of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Bonnie Bearss Burgan to present them to the undersigned on or before December 7, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: September 7, 2017.

George B. Lee

PO Box 645

Brevard, NC 28712

T/9/7/4TP-66519

_________________________________________________

CREDITOR’S NOTICE

Having qualified as Executrix of the Estate of Lowell A. Steinfeld, deceased, late of Transyl-vania County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 28th day of December, 2017, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

Linda J. Steinfeld, Executrix of the Estate of Lowell A. Steinfeld, Deceased

Robert H. Haggard, Esquire

Van Winkle, Buck, Wall, Starnes & Davis, P.A.

422 South Main Street

Hendersonville, NC 28792

T/9/28 4TC-66751

_________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

16 SP 97

IN THE MATTER OF:

The Foreclosure of a Deed of Trust executed by Joyce K. Fisher n/k/a Joyce Kaye Owen, Grantor, dated November 29, 2005, securing a Note in the original amount of $96,719.43 in favor of Transylvania Habitat for Humanity, Inc., Beneficiary, recorded in Book 320, at Page 619, re-recorded in Book 340, Page 381, Transylvania County Registry

NOTICE OF SALE OF REAL ESTATE

Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Joyce K. Fisher n/k/a Joyce Kaye Owen, recorded in Book 320 at Page 619, re-recorded in Book 340, Page 381, Transylvania County Registry, and because of default and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court of Transyl-vania County, North Carolina, entered in this foreclosure proceeding, the undersigned, April M. Burt, Substitute Trustee, will expose for sale at public auction on October 6, 2017 at 10:00AM at the door of the Transylvania County Courthouse, Brevard, North Carolina, the following described real property:

BEING all of Lot No. 2 according to the survey plat recorded in Plat File 10, Slide 784. Records of Plats for Transylvania County in the Office of the Register of Deeds for Transylvania County, North Carolina, consisting of 0.41 acres. Together with a right of way over the road shown on the Plat, and also together with a right of way for the location of the well in its existing location on Lot 1 on the Plat, including a right to run water and power lines, and to gain access to the well as needed for repairs or maintenance.

The real property hereinabove described will be sold “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 will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner(s) of the above‑described real property as reflected on the records of the Transylvania County Registry not more than ten (10) days prior to the posting of this Notice is: Joyce K. Fisher n/k/a Joyce Kaye Owen.

Third party purchasers must pay the excise tax, pursuant to N.C.G.S. § 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof of the final sale price, and the Clerk of Courts fee pursuant to N.C.G.S. § 7A-308, in the amount of Forty-five Cents ($0.45) per each One Hundred Dollars ($100.00) or fractional part thereof of the final sale price or Five Hundred Dollars ($500.00), whichever is less. Pursuant to N.C.G.S. § 45‑21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of the greater of five (5) percent of the amount bid, or Seven Hundred Fifty and No/100 Dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee 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 so bid at that time, he shall remain liable on his bid as provided for in N.C.G.S. § 45‑21.30(d) and (e). This sale will be held open ten (10) days for upset bids as required by law.

NOTICE TO OCCUPANTS:

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 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.

Annika M. Brock

Counsel for Note Holders and Substitute Trustee

14 S. Pack Square, Suite 406

Asheville, NC 28801

(828) 254-6200 Telephone

Publish Dates:

September 21, 2017

September 28, 2017

4811-9818-8856, v. 1

T/9/21/2TC-66623

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