The Transylvania Times -

Legal Notices for Nov. 28 2013


Last updated 11/27/2013 at 8:44am








FILE NO. 13-E-321


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


Michael K. Pratt

Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712


T11/07/4TC - 53389

Transylvania County Schools has received a bid of $170,000 for the house at 72 Memory Lane, Brevard, NC. Upset bids of at least $178,550 may be tendered to Norris Barger, Transylvania County Schools, 225 Rosenwald Lane, Brevard, NC 28712 until 4:30 PM on December 4, 2013. A deposit of 5% must accompany any upset bid. Interested parties may contact Mr. Barger at 884-6173 for further information.

M–T11/25/4TC - 53638


Having qualified as Executor of the Estate of James Morrison Avery, deceased, late of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 28th day of February, 2013, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

Berry Lamont Avery

Executor of the Estate of James Morrison Avery

c/o Kathleen R. Rodberg, Attorney

Van Winkle, Buck, Wall, Starnes & Davis, P.A.

422 South Main Street

Hendersonville, NC 28792

T-M11/28/4TC - 53636




Transylvania COUNTY


Transylvania County is holding an online auction of surplus items. The online auction site is There is also a link to this site on the Transylvania County Website http://www.tran

The online auction will be held from 7:00 am on Thursday, December 5, 2013 until 7:00 pm on Friday, December 13, 2013.

Please contact Ashley Hawes at the Finance Office, Transylvania County Administration Building, 21 East Main Street, Brevard, NC 28712-3797, at 828-884-3104 ext. 3 or [email protected] with any questions or for assistance in accessing this information.

Ashley Hawes

Purchasing Agent

M-T11/25/2TC - 53607


NOTICE IS HEREBY GIVEN that the City of Brevard Board of Adjustment will meet in Brevard City Council Chambers of the Municipal Building, 95 West Main Street, Brevard, North Carolina, on December 10, 2013 at 7:00 P.M.

The purpose of this meeting is to consider the following request(s):

1) Special Use Permit Application # 13-350. Applicant: Macfie Holdings LLC. Property location: 85 Rosman Highway, Brevard NC, 28712; Property Identification Number 8585-26-2671-000. Request is to establish an Outdoor Storage Yard as a Primary Use within a Corridor Mixed Use (CMX) zoning district.

T11/28/2TC - 53639

10 SP 237


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


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