The Transylvania Times -

Legal Notices for Nov. 21, 2013

 

Last updated 11/22/2013 at 11:24am



10 SP 237

AMENDED 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 James Jubal Tiner and Tara McDonald to William R. Echols, Trustee(s), which was dated October 4, 2006 and recorded on October 5, 2006 in Book DOC 373 at Page 48, 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 5, 2013 at 1:00PM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

Beginning at an iron pin common corner between the lands of said Arnette designated McCall and Foster and runs thence North 76 deg. East 136.8 feet to a stake in the West side of a 20 foot drive; thence South along the margin of said drive South 3 deg. West 127.5 feet to a stake; thence South 88 deg. 15 min. West along the dividing line between the lands released and other lands of the said Arnette 125.5 feet to a stake on the dividing line between the lands released and the lands designated McCall lands; thence along the dividing line between the lands released and lands designated McCall lands North 100 feet to the point of Beginning.

Together with and subject to the Driveway Right-of-Way and Maintenance Agreement as recorded in Book 373, Page 43, Transylvania County Registry.

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

Said property is commonly known as 738 Gallimore Road, Brevard, NC 28712.

THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX, AND THE COURT COSTS OF FORTY-FIVE CENTS (45¢) PER ONE HUNDRED DOLLARS ($100.00) PURSUANT TO NCGS 7A-308(a)(1). 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.

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 James Jubal Tiner and wife, Tara McDonald.

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 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.

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 .: 10-30687-FC01

T11/21/2TC - 53371

American Towers LLC is proposing to construct a 199-foot overall height monopole telecommunications tower ~100’ SW of Lyday Creek Rd & Crystal Creek Rd intersection, Pisgah Forest, Transylvania County, NC, tax parcel ID 9507-58-6656-000. The new tower structure will not be lit and the tower facility will include a 100’ by 100’ lease area and associated easements, along with a 30-ft buffer surrounding the lease area. American Towers LLC seeks comments from all interested persons on any potential significant impact the proposed action could have on the quality of the human environment pursuant to 47 C.F.R. Section 1.1307, including potential impacts to historic or cultural resources that are listed or eligible for listing in the National Register of Historic Places. Interested persons may comment or raise concerns about the proposed action by submitting an e-mail to enviro.services@americantower.com. Paper comments can be sent to: American Towers LLC, Attn: Environmental Compliance, 10 Presidential Way, Woburn, MA 01801.

Requests or comments should be limited to environmental and historic/cultural resource impact concerns, and must be received on or before 12/14/2013. This invitation to comment is separate from any local planning/zoning process that may apply to this project.

T11/14/2TP - 53511

American Towers LLC is proposing to construct a 199-foot overall height monopole telecommunications tower at 3501 Cantrell Mountain Rd, Brevard, Transylvania County, NC, tax parcel ID 8583-68-3935-000. The new tower structure will not be lit and the tower facility will include a 100’ by 100’ lease area and associated easements, along with a 30-ft buffer surrounding the lease area. American Towers LLC seeks comments from all interested persons on any potential significant impact the proposed action could have on the quality of the human environment pursuant to 47 C.F.R. Section 1.1307, including potential impacts to historic or cultural resources that are listed or eligible for listing in the National Register of Historic Places. Interested persons may comment or raise concerns about the proposed action by submitting an e-mail to enviro.services@americantower.com. Paper comments can be sent to: American Towers LLC, Attn: Environmental Compliance, 10 Presidential Way, Woburn, MA 01801.

Requests or comments should be limited to environmental and historic/cultural resource impact concerns, and must be received on or before 12/14/2013. This invitation to comment is separate from any local planning/zoning process that may apply to this project.

T11/14/2TP - 53513

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13-E-316

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of VIRGINIA STARKE ALLEN of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of VIRGINIA STARKE ALLEN to present them to the undersigned on or before January 31, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: October 31, 2013

Steven A. Nelson

2108 Forestglade Drive

Stone Mountain, GA 30087-1317

Attorney:

Shelton Jones

5 Park Place East, Suite 201

Brevard, NC 28712

M10/31/4TP - 53311

NOTICE OF

SUBSTITUTE TRUSTEE’S

FORECLOSURE

SALE OF REAL

PROPERTY

Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Mryon R. Kruse, Jr., dated May 24, 2007, and recorded in the Office of the Register of Deeds for Transylvania County, North Carolina, in Book 409, at Page 732, and because of default having been made in the payment of the indebtedness secured by said Deed of Trust and failure to do and perform the stipulations and agreements therein contained, and pursuant to demand of the Holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will expose for sale at public auction to the highest bidder for cash the property therein described, to wit:

See Attached Exhibit ‘A’

Present Record Owner(s): Myron R. Kruse, Jr.

The terms of the sale are that the real property hereinbefore 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 or a certified check in an amount equal to the greater of five percent (5%) of the high bid or $750.00. In the event that the Holder is exempt from paying the same, the successful bidder may also be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax, and the tax required by N.C.G.S. Section 7A-308 (a) (1).

NOTICE TO OCCUPANTS:

1. That 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.

2. 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 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.

3. Any tenant who resides in residential real property containing less than 15 rental units that is being sold in a foreclosure proceeding under Article 2A of Chapter 45 of the General Statutes may terminate the rental agreement for the dwelling unit after receiving notice pursuant to G.S. 45-21.17(4) by providing the landlord with a written notice of termination to be effective on a date stated in the notice that is at least 10 days after the date of the notice of sale. Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at the time that would have been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due only to the early termination of the tenancy.

The real property hereinabove described will be sold “as is,” “where is,” subject to any and all superior liens and subject to taxes and special assessments.

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 for such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee(s). The Trustee in their sole discretion, if they believe the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy.

NOTE: 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 upon 10 days’ written notice to the landlord.

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 (10) days for upset bids as by law required.

Date and Hour for SALE: November 25, 2013 at 11:00 AM

Place of Sale:

Transylvania County Courthouse

Date of this Notice: November 1, 2013

Raymond A. Burke, Substitute Trustee

4731 Hedgemore Drive, Suite 200

Charlotte, NC 28209

(704) 334-4529

13-SP-124

Exhibit “A”

Beginning at a concrete monument, southern corner of the Thomas H. Sellers property, whose property is described in Deed Book 122 at Page 419, Transylvania County Registry, said property being located southwest of East Lakeview Drive and running thence from said concrete monument, S. 30-49-00 W. 165.00 feet to a concrete monument in the Westside of a 60 foot platted right of way as described on a plat found at Plat Book 2 at Page 106, Transylvania County Registry, said concrete monument being the Easternmost corner of Georga C. Kahl, whose property is described in Deed Book 212 at Page 474, Transylvania County Registry and running thence with the Kahl line, N. 48-47-00 W. 209.23 feet to a concrete monument located S. 04-25 W. 1.34 feet from the property corner; thence N. 49-48-00 E. 222.95 feet to an unmarked point; thence S. 27-05-00 E., with the Sellers line 157.32 feet, crossing an iron pipe at 14.7 feet to the concrete monument and point of beginning, containing .782 acres, more or less, as surveyed and platted by Robert L. Hafler, RLS on an unrecorded plat dated 3/3/1992 and the same being all of Lot No. 2 and the larger portion of Lot No. 3, Woodland Terrace Subdivision as found in Plat Book 2 at Page 106, Transylvania County Registry.

Property is commonly known as 198 Woodland Terrace, Brevard

Parcel ID#: 8585-33-3825-000

T11/14/2TP - 53395

SBA Communications Corporation proposes to construct a 163-foot monopole telecommunications tower. The tower would be located off Frozen Creek Road, Brevard, NC 28712. Comments relating to Historic Properties may be sent to Sims & Associates, ATTN: Ms. Seagrave, 201 S. Lakeline Blvd, Ste 402, Cedar Park, TX 78613. Ms. Seagrave can be reached at (512) 996-9299.

T11/21/1TP - 53521

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13-E-317

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Paul Alfred Burleson Sr. of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Paul Alfred Burleson Sr. to present them to the undersigned on or before January 31, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: October 31, 2013

Paul Alfred Burleson Jr.

44 Forest Lake Road

Brevard, NC 28712

T10/31/4TP -53323

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 13-E-318

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of William G. Sizemore of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of William G. Sizemore to present them to the undersigned on or before January 31, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: October 31, 2013

William S. Sizemore

17 Fullam Drive

Arden, NC 28704

T10/31/4TP - 53348

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 13-E-321

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of William O. Moser of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of William O. Moser to present them to the undersigned on or before February 7, 2014, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 7th day of November, 2013.

Scott M. Moser

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

T11/07/4TC - 53389

 
 

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