The Transylvania Times -

Legal Notices for November 13, 2017

 

November 13, 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, Transylvania County, North Carolina, 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 Declaration of Condomin-iums 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., Deceased, 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 Resol-ution 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

____________________________________________

STATE OF North Carolina COUNTY OF

Transylvania IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION FILE

NO. 17-SP-79

In the Matter of Foreclosure of Claim of Lien filed against KATY E. MILLER under power of sale.

NOTICE OF FORECLOSURE SALE

NOTICE IS HEREBY GIVEN THAT by virtue of the power of sale contained in the Second Amendment and Restated Declaration (the “Declaration”) and recorded in the Office of the Register of Deeds for Transylvania County, North Carolina, in Book: DOC 547, Page 425 – 450, and pursuant to N.C. Gen. Stat. § 45-21.16 and because of default in the payment of association assessments, the undersigned Trustee, Brentley D. Cronquist shall on the 29th day of November, 2017, at 11:00 a.m., at the door of the Transylvania County Courthouse, offer for sale at public auction to the highest bidder for cash, the following described property:

LEGAL DESCRIPTION: All that certain lot or parcel of land situated in Hogback Township, Transylvania County, North Carolina, and more particularly described as follows:

Being all of Lot 10D, Sapphire Lakes, containing .79 acres, as shown on a plat thereof prepared by Barry L. Collins, RLS, dated September 11, 1987 and recorded in Plat File 3, Slide 118, Transylvania County Registry, to which reference is specifically made.

Also being all of the same lands as described in that certain deed recorded in Deed Book 323, Page 475, Transylvania County Registry to which reference is specifically made.

The terms of the sale are that the real property hereinabove described will be sold for cash to the highest bidder and that the undersigned may require the successful bidder at the sale to immediately deposit cash in the amount of ten (10%) percent of the high bid to $1,000.00, plus five (5%) percent of any excess of $1,000.00. The Real property hereinabove described will be sold subject to all prior liens, unpaid taxes, restrictions and easements of record, tax liens and assessments. Said property to be offered pursuant to this Notice of Foreclosure 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.

An order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 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 1st, 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.

The sale will be held open for ten days for upset bids as by law required.

The record titleholder to said property, ten (10) days prior to posting of this Notice, is Katy Miller.

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 he bankruptcy proceeding, this Notice is given to you pursuant to statutory requirement and for information purposes and is not intended as an attempt collect a debt form you personally.

This is the 6th day of November, 2017.

Brentley D. Cronquist, Trustee

M/11/13/2TC-67118

____________________________________________

STATE OF North Carolina COUNTY OF

Transylvania IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION FILE

NO. 17 SP 80

In the Matter of Foreclosure of Claim of Lien filed against KATY E. MILLER under power of sale.

NOTICE OF FORECLOSURE SALE

NOTICE IS HEREBY GIVEN THAT by virtue of the power of sale contained in the Second Amendment and Restated Declaration (the “Declaration”) and recorded in the Office of the Register of Deeds for Transylvania County, North Carolina, in Book: DOC 547, Page 425 – 450, and pursuant to N.C. Gen. Stat. § 45-21.16 and because of default in the payment of association assessments, the undersigned Trustee, Brentley D. Cronquist shall on the 29th day of November, 2017, at 11:00 a.m., at the door of the Transylvania County Courthouse, offer for sale at public auction to the highest bidder for cash, the following described property:

ALL of Lot 23C of Sapphire Lakes, Inc., according to the Plat Recorded in Plat File 2, Slide 343A., Records of Plats for Transylvania County in the Office of the Register of Deeds for Transylvania County, North Carolina.

Subject to the restrictive covenants recorded in Deed Book 261, Page 98, Deed Book 293, Page 144, Deed Book 321, Page 461 and Deed Book 344, Page 607, Transylvania County Registry, and any other amendments.

Together with the non-exclusive right to use the roadways through the Sapphire Lakes Subdiv-ision from U.S. Highway 64 to the above described property for purposes of ingress and egress in common with all others entitled to the use thereof within Sapphire Lakes Subdivis-ion.

The terms of the sale are that the real property hereinabove described will be sold for cash to the highest bidder and that the undersigned may require the successful bidder at the sale to immediately deposit cash in the amount of ten (10%) percent of the high bid to $1,000.00, plus five (5%) percent of any excess of $1,000.00. The Real property hereinabove described will be sold subject to all prior liens, unpaid taxes, restrictions and easements of record, tax liens and assessments. Said property to be offered pursuant to this Notice of Foreclosure 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.

An order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 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 1st, 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.

The sale will be held open for ten days for upset bids as by law required.

The record titleholder to said property, ten (10) days prior to posting of this Notice, is Katy Miller.

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 he bankruptcy proceeding, this Notice is given to you pursuant to statutory requirement and for information purposes and is not intended as an attempt collect a debt form you personally.

This is the 6th day of November, 2017.

Brentley D. Cronquist, Trustee

M/11/13/2TC-67119

____________________________________________

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 SP 78

In the Matter of Foreclosure of Claim of Lien filed against KATY E. MILLER under power of sale.

NOTICE OF FORECLOSURE SALE

NOTICE IS HEREBY GIVEN that by virtue of the power of sale contained in the Second Amendment and Restated Declaration (the “Declaration”) and recorded in the Office of the Register of Deeds for Transylvania County, North Carolina, in Book: DOC 547, Page 425 – 450, and pursuant to N.C. Gen. Stat. § 45-21.16 and because of default in the payment of association assessments, the undersigned Trustee, Brentley D. Cronquist shall on the 29th day of November, 2017, at 11:00 a.m., at the door of the Transylvania County Courthouse, offer for sale at public auction to the highest bidder for cash, the following described property:

ALL of Lot 33, Section C, of Sapphire Lakes, Inc., according to the Plat Recorded in Plat File 4, Slide 2, Records of Plats for Transylvania County in the Office of the Register of Deeds for Transylvania County, North Carolina.

Subject to the Restated Protective Covenants Recorded in Document Book 348, Page 331, Transylvania County Regis-try.

Together with the non-exclusive right to use the roadways through the Sapphire Lakes Subdivis-ion from U.S. Highway 64 to the above described property for purposes of ingress and egress in common with all others entitled to the use thereof within Sapphire Lakes Subdivis-ion.

The terms of the sale are that the real property hereinabove described will be sold for cash to the highest bidder and that the undersigned may require the successful bidder at the sale to immediately deposit cash in the amount of ten (10%) percent of the high bid to $1,000.00, plus five (5%) percent of any excess of $1,000.00. The Real property hereinabove described will be sold subject to all prior liens, unpaid taxes, restrictions and easements of record, tax liens and assessments. Said property to be offered pursuant to this Notice of Foreclosure 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.

An order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 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 1st, 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.

The sale will be held open for ten days for upset bids as by law required.

The record titleholder to said property, ten (10) days prior to posting of this Notice, is Katy Miller.

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 he bankruptcy proceeding, this Notice is given to you pursuant to statutory requirement and for information purposes and is not intended as an attempt collect a debt form you personally.

This is the 6th day of November, 2017.

Brentley D. Cronquist, Trustee

M/11/13/2TC-67120

____________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-346

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Doris H. Perreault of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Doris H. Perreault to present them to the undersigned on or before February 13, 2018 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 13th day of November, 2017.

Andrew P. Shaw, Exec.

427 Walnut Street

Hapeville, GA 30354

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

M/11/13/4TC-67121

____________________________________________

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 Transylvania 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-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. 17E345

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Robert Keith Galloway of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Robert Keith Galloway to present them to the undersigned on or before February 13, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 13, 2017.

Paula Galloway Piercy

453 Capps Road

Pisgah Forest, NC 28768

M/11/13/4TP-67137

____________________________________________

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

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E349

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Stephen Edward O’Shields of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Stephen Edward O’Shields to present them to the undersigned on or before February 13, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 13, 2017.

Stephanie Winona O’Shields

508 Fox Hollow Lane

Mills River, NC 28759

M/11/13/4TP-67136

____________________________________________

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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