The Transylvania Times -

Legal Notices for December 11, 2017

 

December 11, 2017



STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 17-E-363

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Nina S. Bumgarner of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Nina S. Bumgarner to present them to the undersigned on or before March 5, 2017, or the claim will be forever barred thereafter.

All persons indebted to said estate, please make immediate payment.

This the 4th day of December, 2017.

Michael K. Pratt, Personal Representative

c/o Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

ATTORNEY:

Michael K. Pratt

Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

828-884-4113

M/12/4/4TC-67269

______________________________________________

NC VFD13

NOTICE OF PROPOSED TAX EXEMPT LOAN

TO VOLUNTEER FIRE DEPARTMENT

TO ALL MEMBERS OF THE GENERAL PUBLIC WHO RESIDE WITHIN THE FIRE DISTRICT OF Lake Toxaway Fire Rescue, Inc. (The “Fire Department”). A public hearing will be held on Tuesday, December 19, 2017, at 6 PM at the Fire Department meeting room located at 850 Blue Ridge Road in Lake Toxaway, North Carolina for the purpose of approving a proposed tax exempt loan(s) by First Citizens Bank & Trust Company to the Fire Department. At this meeting, you may submit written comments or participate orally. All members of the public are invited to attend. In connection with this public meeting, please note the following:

1. PURPOSE OF LOAN (check applicable purpose):

(√) The purchase of a fire truck.

2. AMOUNT OF LOAN: The maximum principal amounts of the loan is $465,000.

The fire truck will be housed at:

850 Blue Ridge Road

Lake Toxaway, NC 28747

Interested persons may also submit written comments on the subject of the hearing, or may obtain additional information on the subject of the hearing, from:

Carmon West, Chief

Lake Toxaway Fire Rescue, Inc.

PO Box 35

Lake Toxaway, NC 28747

(828) 966-4900

M/12/4/2TC-67244

______________________________________________

Brevard Housing Authority

Request for Proposals – Holly Crest Building Envelope

Brevard Housing Authority seeks competitive proposals from qualified contractors to replace roofing, insulation and siding at Holly Crest Apartments. Proposals are due on or before December 28, 2017. Contact Rhodney Norman at [email protected] org for a copy of the full RFP.

MT/12/4/4TC-67241

______________________________________________

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17 E 370

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Personal Representatives of the Estate of Norma R. Hough of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Norma R. Hough to present them to the undersigned on or before March 4, 2018, or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: December 4, 2017.

Theodore Carl Hess,

Personal Representative

63 Eastview Drive

Brevard, NC 28712

Justin Hess,

Personal Representative

76 Mark Ginn Road

Orland, ME 04472

Attorney:

Shelton Jones

5 Park Place East #201

Brevard, NC 28712

M/12/4/4TC-67309

______________________________________________

NOTICE OF FORECLOSURE SALE

17 SP 92

Under and by virtue of the power of sale contained in a certain Deed of Trust made by David D. Jones, (David D. Jones, Deceased) (Heir of David D. Jones: David D. Jones, II aka David Daniel Jones, II) to C. Couzen, Trustee(s), dated the 2nd day of October, 2007, and recorded in Book DOC 430, Page 180, 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 Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on December 20, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Transyl-vania, North Carolina, and being more particularly described as follows:

The following particularly described real estate, located in the Township of Brevard, Transylvania County, North Carolina, to-wit: BEGINNING at an iron pipe on the northwestern edge of Hilt Street, said pipe being the southwest corner of Lot 55 and the southeast corner of Lot 54 of Franklin Park Subdivision, and runs thence with the line between said lots, North 51 deg. West 110.6 feet to an iron pipe in the southeastern edge of the former 10 foot alley which is now closed; thence with the southeastern edge of said former alley, South 39 deg. West 75 feet to a stake, common corner of Lots 53 and 54, thence with the line between said lots, South 51 deg. East 122.6 feet to a stake in the northwestern edge of Hilt Street; thence with the edge of Hilt Street, North 30 deg. 13 min. East 75.9 feet to the BEGINNING. Together with improvements located thereon; said property being located at 249 Hilt Street, Brevard, North Carolina. Being all of Lot 54 of FRANKLIN PARK SUBDIVISION as recorded in the Office of the Register of Deeds of Transylvania County in Plat Book 2, Page 6, as surveyed and platted by William Leonard, RLS, March 6, 1967. Subject to easements, restrictions, and covenants of record, if any.

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: 1205446 (FC.FAY)

M/12/4/2TC-67307

______________________________________________

STATE OF North CAROLINA

Transylvania COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION,

BEFORE THE CLERK

File No. 17 E 358

IN THE MATTER OF THE ESTATE OF ALLAN M. KURINSKY, DECEASED.

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Allan M. Kurinsky (Estate File Number 17 E 358), deceased, late of Transyl-vania County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the decedent and/or the estate of said decedent to exhibit them to the undersigned in care of the Law Office of Lebensburger & Gilreath, PLLC, 211 North Main Street, Henderson-ville, NC 28792, on or before March 9, 2018 or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said decedent and/or said decedent’s estate will please make immediate payment to the undersigned.

Dated the 4th day of December, 2017.

Philip L. Kurinsky

Executor

Estate of Allan M. Kurinsky

Evan M. Gilreath, Esq.

Attorney for Executor

Law Office of Lebensburger & Gilreath, PLLC

211 North Main Street

Hendersonville, NC 28792

M/12/4/4TC-67243

______________________________________________

NOTICE OF PROCEEDING AND SERVICE OF PROCESS BY PUBLICATION

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-CVS- 573

GUY A. MULL AND MERRY D. R. MULL Plaintiffs,

vs.

ROY MATHIS, NORA MATHIS, GEORGE BRENT WELYCZKO, Executor and Sole Heir of the Estate of LARRY WELYCZKO Defendants.

TO: ROY MATHIS, NORA MATHIS, and GEORGE BRENT WELYCZKO, Executor and Sole Heir of the Estate of LARRY WELYCZKO.

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:

1. This action is an action seeking to remove a cloud on title on Tract 1 and that the Plaintiffs be declared the owners in fee simple of the property, free and clear of any claim of Defendant; and

2. The property is hereinafter described as “Tract 1”, in the Quebec Township, Transylvania County, North Carolina, and more particularly described as follows:

BEING all of the gap area containing 0.31 acres as shown on the survey of Michael L. Petit, PLS, dated July 17, 2001, recorded in Plat File 9, Slide 295, in the records of Plats at the office of the Transylvania County Register of Deeds.

Plaintiffs pray to the Court that they recover judgment that the Cloud of Defendant’s adverse claim be removed from the title to Tract 1 and that Plaintiffs be declared the owners of Tract 1 in fee simple, free and clear of any claim of the Defendants.

You are required to make defense to such pleading no later than Monday, January 22, 2018, and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This the 8th day of December 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/12/11/3TC-67358

______________________________________________

PUBLIC AUCTION

Dec. 16, 2017, 10:00am

ETOWAH MINI STORAGE at the Etowah Shopping Center behind the Car Wash, Etowah, NC 28729

Etowah Mini Storage (Lienor), PO Box 1206, 47 Etowah Center Dr., Etowah, NC 28729 of Henderson County hereby declares a public auction with the intent to enforce its liens for past due rental fees at its self-Storage facility located at the Etowah Shopping Center. All items will be sold on a Cash basis with no warranties as to condition and will be purchased “AS IS” at said sale and removed the same day. TERMS: Cash and Same Day Carry

TM/12/7/3TC-67320

______________________________________________

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 17 E 348

North CAROLINA

Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF FRANCES LLOYD ROBINSON, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Administrator of the Estate of Frances Lloyd Robin-son, 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 March 4, 2018, 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 30th day of November,2017.

Anthony Mark Baker, Executor

Estate of Frances Lloyd Robinson

Erica M. Erickson, Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

M/12/4/4TC-67270

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