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Legal Notices for November 27, 2017

 

November 27, 2017



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

__________________________________________

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 Revoc-able 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

__________________________________________

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. 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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