The Transylvania Times -

Legal Notices for November 20, 2017

 

November 20, 2017



17 SP 55

NOTICE OF FORECLOSURE SALE

North Carolina, Transylvania COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Kathryn L. Haberle and Kathryn L. Haberle, Trustee of the Kathryn L. Haberle Revocable Living Trust to Michael Lyon, Trustee(s), which was dated July 19, 2011 and recorded on August 1, 2011 in Book DOC 581 at Page 631, 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 December 4, 2017 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

Land Situated in the City of Brevard in the County of Transylvania in the State of NC

BEGINNING at a found rebar located west of the pavement of Green Acre Avenue, said rebar being located North 53 deg. 51 min. 28 sec. West 336.11 feet (NTS tie) from NCGS Monument “Lambo” have grid coordinates North equal 564,140.624 feet and East equal 888,149.894 feet; and runs thence along the northern property of Lot 3 of Green Acres Subdivision as described in a deed to Shotwell recorded in Book 302, Page 741, Records of Deeds for Transylvania County, South 88 deg. 34 min. 30 sec. West 148.32 feet to an iron pipe found in the eastern property line of lands now or formerly belonging to Trantham as described in a deed recorded in Book 172, Page 317, Records of Deeds for Transylvania County; thence along the property line of Trantham, North 01 deg. 24 min. 25 sec. West 74.92 feet to an iron pipe found in the southern property line of Lot 5 of Green Acres Subdivision as described in a deed to Smith recorded in Book 78, page 70, Records of Deeds for Transylvania County, said iron pipe being located South 01 deg. 54 min. 00 sec. East 75.55 feet (NTS tie) from another iron pipe found; thence along the property line of Smith, North 88 deg. 27 min. 16 sec. East 149.26 feet to an iron pipe found located South 01 deg. 32 min. 02 sec. East 74.82 feet (NTS tie) from another iron pipe found; thence leaving the property line of Smith, South 00 deg. 41 min. 25 sec. East 75.24 feet to the BEGINNING. Containing 0.256 acres, more or less, being all of Lot 4 of Green Acres Subdivision as resurveyed by Robert L. Hafler, RLS, on October 19, 1994, and shown on an unrecorded plat designated as Drawing No. 94097, Project No. 94097, said lot being originally shown on a plat recorded in Plat Book 1, Page 138, Records of Plats for Transylvania County.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 75 Green Acres Avenue, Brevard, NC 28712.

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 Kathryn L. Haberle Revocable Living Trust.

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 .: 17-06177-FC01

M/11/20/2TC-67139

___________________________________________

NOTICE OF ADOPTION OF AN ORDINANCE TO EXTEND THE

CORPORATE LIMITS OF THE City of Brevard, North CAROLINA

Pursuant to North Carolina General Statutes, notice is hereby given that the Brevard City Council adopted Ordinance No. 2017-21 during its regular meeting on Monday, October 16, 2017. The ordinance annexes into the City property owned by John J. Brown Trust, located at 1085 Ecusta Road, Brevard, Tax PIN #8596-59-0493-000 as recorded in Deed Book No. 299, Page 580 in the Transylvania County Register of Deeds Office. The property is further described as follows:

Beginning at an iron pin in the existing Brevard City Limits line, in the southern right of way for Ecusta Road (S.R. 1512), at a point opposite the westernmost corner of the John Brown Trust property on the opposite side of Ecusta Road (said property being described in a Deed recorded in Book 299, page 580 of the Transylvania County Registry, and also being Tax Parcel PIN 8596-59-0493), and running North 50 deg.40 min. 12 sec. East across the Ecusta Road right of way, for 30 feet to the westernmost corner of the said John Brown Trust property at the northern boundary of the Ecusta Road right of way; thence continuing North 50 deg. 40 min. 12 sec. East 370.73 feet along the Western boundary of the said property (being also the common property line of Brown and the Robert Justus property described in the Deed recorded in Book 338, page 238) to a concrete monument (refer-red to as “ECM” on the plat which is referred to herein below) in a ditch; thence South 80 deg. 48 min. 59 sec. East 218 feet to an iron rod set in the same ditch; thence South 48 deg. 28 min. 07 sec. West 300 feet along the eastern boundary of the said property (being also the common property line of Brown and the Southern Concrete property described in a Deed recorded in Book 257, page 431; and Brown and the Miguel Alonso property described in a Deed recorded in Book 341, page 274) and crossing a wire fence a short distance before reaching the common corner of Southern Concrete and Alonso, to a corner of the Cathy Brown property described in a Deed recorded in Book 213, page 305; thence with the Cathy Brown line South 57 deg. 30 min. 00 sec. West 221.90 feet, again crossing the said wire fence a short distance from the common corner of Alonso and Cathy Brown, to the southernmost corner of the John Brown Trust property, located in the northern boundary of the Ecusta Road right of way; thence leaving the John Brown Trust property line and continuing South 57 deg. 30 min. 00 sec. West 30 feet to a point on the opposite side of the Ecusta Road right of way, being in the southern boundary of Ecusta Road and being in the Brevard City Limits line; thence with the Brevard City Limits line and the southern boundary of the Ecusta Road right of way, North 37 deg. 27 min. 10 sec. West 144.95 feet to the Point of Beginning.

The said property being that certain property shown on a Plat prepared by Kevin D. Goldsmith, dated December 1, 2016 (revised 7-17-17 and 9-7-17), entitled, (annexation plat for the) “John Brown Trust,” and recorded in Plat File _17 , Slide _332 , in the Transylvania County Registry.

This the 14th day of November, 2017.

Desiree D. Perry,

CMC, NCCMC

City Clerk

M/11/20/1TC-67157

___________________________________________

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 Fore-closure 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 Subdiv-ision.

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-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-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. 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 Registry.

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 Subdiv-ision.

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. 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

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

___________________________________________

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

M/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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