The Transylvania Times -

Legal Notices for November 6, 2017

 

November 6, 2017



NOTICE OF FORECLOSURE SALE

17 SP 73

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Raymond Joseph Clarke, III to Allan B. Polunsky, Trustee(s), dated the 31st day of July, 2015, and recorded in Book 734, Page 751, 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, Transyl-vania County, North Caro-lina, or the customary location designated for foreclosure sales, at 10:00 AM on November 22, 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 Condominium Unit No. 204 in Building No. 2 of SHEPARD SQUARE TOWN HOMES as described in the Declar-ation of Condominiums thereof filed in the office of the Register of Deeds for Transylvania County, North Carolina on September 21, 1972, and recorded in Condominium Book 1, Page 140 and all amendments thereto, reference to which is hereby made for a more complete description thereof. Including the Unit located thereon; said Unit being located at 63 Shepard Square 204, Brevard, North Carolina. TOGETHER with an undivided 4.20 percent interest in the common areas and facilities of said Shepard Square Town Homes as set forth in the Declaration thereof hereinabove referred to. This conveyance is made subject to the terms and conditions of the Declarations of Condominiums above referred and all amendments attached thereto and all exhibits thereto.

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: 1220851 (FC.FAY)

M/11/6/2TC-67081

______________________________________________

STATE OF North CAROLINA

Transylvania COUNTY

SUPERIOR COURT

File No. 17-E-177

NOTICE TO CREDITORS

I have qualified as Executor of the Estate of Walter A. Fesler, Jr., Deceas-ed, of Volusia County, Florida. All persons, firms, and corporations having claims against the Estate must present them to me on or before February 6, 2018 or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: November 6, 2017

John F. Ellenberg

4465 Highway 11

Deleon Springs, FL 32130

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Executor

M/11/6/4TC-67049

______________________________________________

NOTICE OF PUBLIC HEARING

RESOLUTION NO. 2017-21

A RESOLUTION DECLARING THE INTENT OF THE Brevard City Council TO CONSIDER THE CLOSING OF AN UNOPENED PORTION OF McMINN AVENUE

WHEREAS, North Caro-lina General Statute 160A-299 authorizes the City Council to permanently close public streets and alleys; and

WHEREAS, the City has received a request to close an unopened portion of McMinn Avenue, located at the corner of McMinn Avenue and Verdery Avenue. The unopened street right-of-way is thirty-six feet (36’) in width, and is approximately two hundred and thirty six feet (236’ +/-) in length. The street right-of-way runs between properties owned by Erica Damman, Royce Chestnut, Zachary R. Noble and Kathryn Grace MacEachern; and

WHEREAS, the City Council considers it advisable to conduct a public hearing for the purpose of giving consideration to permanently closing the aforementioned street right-of-way.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE City of Brevard, North CAROLINA:

Section 1. That a Public Hearing will be held at 7:00 p.m., or as soon thereafter as possible, on Monday, November 20, 2017, in Council Chambers located at 95 West Main Street, Brevard, North Carolina, to consider an order to permanently close said street right-of-way.

Section 2. The City Clerk is hereby directed to publish this Resolution of Intent once a week for four (4) successive weeks prior to the Public Hearing in the Transylvania Times.

Section 3. The City Clerk is further directed to transmit by Certified Mail, Return Receipt Requested, to each owner of property abutting on said street right-of-way, a copy of this Resolution of Intent, and shall cause a notice of the Public hearing to be prominently posted in at least two places along the street.

Section 4. This Resolution of Intent shall become effective upon its adoption and approval.

Adopted and approved this the 16th day of October, 2017.

M/10/23/4TC-66941

______________________________________________

NOTICE OF PROCEEDING AND SERVICE OF PROCESS BY PUBLICATION

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE NO. 17-CVD-204

PAUL A. ONNINK, CO-TRUSTEE OF THE PAUL A. ONNINK LIVING TRUST, U/A/D 09/26/2007, Plaintiff,

vs.

DAVID M. ROBBINS, AND A BIG PICTURE COMPANY, LLC, Defendants.

TO: DAVID M. ROBBINS, and A BIG PICTURE COMPANY, LLC

TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief sought is as follows:

This action is to recover damages for breach of contract, fraudulent misrepresentation, unfair and deceptive trade practices, piercing of the corporate veil, and negligence arising from a purchase agreement and promissory note regarding the purchase of a business and license of a trade name, which existed in Transylvania County, North Carolina.

Plaintiff prays to the Court that they recover judgment against Defend-ants in the amount of at least $66,788.00 and that Defendants be held jointly and severally liable.

You are required to make defense to such pleading no later than December 4th, 2017 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This the 19th day of October 2017.

Douglas R. Campen

N.C. State Bar #48198

Attorney for Plaintiff

9 Park Place West

Suite 102

Brevard, NC 28712

(828) 884-6575

M/10/23/3TC-66929

______________________________________________

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 $33,000 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 November 6, 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 then sell the parcel to the highest bidder(s).

Bids shall be delivered to the office of the Clerk to the Board of Commission-ers, 101 S. Broad Street, Brevard, NC 28712, no later than 5:00 p.m., Thursday, November 16, 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 3rd day of November, 2017.

Trisha M. Hogan

Clerk to the Board

M/11/6/1TC-67087

______________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-312

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executors of the Estate of Nancy G. Brookshire of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Nancy G. Brookshire to present them to the undersigned on or before January 16, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: October 16, 2017.

Jeffrey G. Brookshire

147 Quail Ridge Drive

Pisgah Forest, NC 28768

M/10/16/4TP-66889

______________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-324

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Joseph Alves of Transyl-vania County, North Carolina, this is to notify all persons having claim against the Estate of Joseph Alves to present them to the undersigned on or before January 23, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: October 23, 2017.

Rosemary A. Duckworth

295 Southampton Road

Brevard, NC 28712

Elizabeth M. Sundstrom

156 St. Clair Drive

St. Simons Island, GA 31522

M/10/23/4TP-66938

______________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-323

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Maria C. Alves of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Maria C. Alves to present them to the undersigned on or before January 23, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: October 23, 2017.

Rosemary A. Duckworth

295 Southampton Road

Brevard, NC 28712

Elizabeth M. Sundstrom

156 St. Clair Drive

St. Simons Island, GA 31522

M/10/23/4TP-66939

______________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-333

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Ruth Anita Crowe of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Ruth Anita Crowe to present them to the undersigned on or before February 6, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 6, 2017.

Frank R. Conrad

224 Dundeve Circle

Hendersonville, NC 28792

M/11/6/4TP-67096

______________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E306

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Barbara Sue Bridges of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Barbara Sue Bridges to present them to the undersigned on or before January 16, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: October 16, 2017.

David Virgil Dungan

PO Box 1623

Brevard, NC 28712

M/10/16/4TP-66891

______________________________________________

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-340

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Dennis Ray Hamilton of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Dennis Ray Hamilton to present them to the undersigned on or before February 6, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 6, 2017.

Shirley S. Hamilton

PO Box 442

Pisgah Forest, NC 28768

T/11/6/4TP-67050

______________________________________________

STATE OF North CAROLINA

Transylvania COUNTY

SUPERIOR COURT

File No. 17-E-251

NOTICE TO CREDITORS

I have qualified as Executor of the Estate of Robert A. Thompson, III, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before February 6, 2018 or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: November 6, 2017

Jill A. Roberts

P.O. Box 121

Brevard, NC 28712

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Executor

M/11/6/4TC-67048

______________________________________________

 
 

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