The Transylvania Times -

Legal Notices for March.7 2014

 


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INVITATION FOR BIDS

Transylvania COUNTY

BREVARD, North CAROLINA

Notice is hereby given that Transylvania County is soliciting bids for Phase II of the Rosman Community Park.

Bid Documents will be available for public inspection at the following location beginning on Friday, April 4, 2014:

Transylvania County Finance Office

21 East Main Street

Brevard, NC 28712

Copies of the Bid Documents may be obtained from Ashley Hawes, Purchasing Agent, at (828) 884-3104, Ext. 3, during normal business hours (8:30 a.m. – 5:00 p.m.); Fax: (828) 884-3119; or e-mail [email protected]

Bidders are required to have Performance and Payment Bonds each in an amount equal to the contract price, conditioned upon the faithful performance of the contract and upon the payment in full to all persons supplying labor and furnishing materials for and in connection with the construction on the project. Bonds shall remain in effect for one year from date of completion.

Bidders must be appropriately licensed, according to the N.C. General Statutes by the N.C. Licensing Board for General Contractors, insured and meet all qualifications to complete project on a timely basis.

A Pre-Bid Meeting will be held at 2:00 PM EST on Thursday, April 10, 2014 at the project site located on the Old Rosman Highway, Rosman, NC. Attendance is not mandatory but strongly encouraged.

Questions regarding the project should be directed in writing to Ashley Hawes, Purchasing Agent, Transylvania County Finance Office, 21 East Main Street, Brevard, NC 28712; by Fax: (828) 884-3119 or e-mail [email protected] no later than 5:00 pm on Monday, April 21, 2014.

Bids will be accepted until 2:00 PM EST per the USNO Master Clock on Monday, April 28, 2014 and should be addressed to Ashley Hawes, Purchasing Agent, Transylvania County Finance Office, 21 East Main Street, Brevard, NC 28712. Bids must be sealed and clearly marked “Rosman Community Park-Phase II”.

Transylvania County reserves the right to reject any and all proposals in whole or in part and to waive such informalities as may be permitted by law.

Ashley Hawes

Purchasing Agent

M-T03/31/3TC - 54787

In the General Court of Justice for North Carolina

Superior Court Division

Transylvania County

14 SP 6

In the Matter of the Foreclosure of a Deed of Trust Executed by CJK Group, LLC and Charles R. Dougall and wife, Susan Dougall to David C. Neumann, Trustee for George R. Moraitis and wife, Karen K. Moraitis, recorded in Book 432 at Page 104 in the Office of the Register of Deeds for Transylvania County, North Carolina.

Notice of Sale

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by CJK Group, LLC and Charles R. Dougall and wife, Susan Dougall dated October 10, 2014 and recorded in Book 432 at Page 104 in the Office of the Register of Deeds for Transylvania County, North Carolina, and because of default in the payment of the indebtedness thereby secured and default in other terms and conditions of the Deed of Trust, and pursuant to the demands of the owners and holders of the indebtedness secured by said Deed of Trust and pursuant to the order of the Clerk of Superior Court of Transylvania County, North Carolina, entered in this foreclosure proceeding, the undersigned, Peter U. Kanipe, Substitute Trustee, will expose for sale at public auction on Wednesday, the 16th day of April, 2014 at Ten o’clock (10:00) a.m. on the front steps of the Transylvania County Courthouse, Brevard, North Carolina, the real property lying and being in Transylvania County, North Carolina and more particularly described as follows:

BEING all of Lot 66 and Lot 67, Unit 7, of Connestee Falls Development as shown by a plat thereof recorded in Plat Book 5, Pages 84-84H, Records of Plats for Transylvania County, North Carolina.

Subject to the Declaration of Restrictive Covenants as recorded in Deed Book 189, page 443, Transylvania County Registry, as amended by Amendment to the Declaration of Restrictive Covenants recorded in Deed Book 190, page 437, Transylvania County Registry, and all other valid amendments thereto, including the revised, amended and restated Declaration recorded in Deed Book 289, page 107, Transylvania County Registry, as amended by Amendment to the Declaration of Restrictive Covenants recorded in Deed Book 230, page 340, Transylvania County Registry and the Second Restatement of Declaration of Restrictive Covenants for Connestee Falls and recorded in Deed Book 413, Page 30, Records of Deeds for Transylvania County, and by supplemental Declarations of Restrictive Covenants of record in Transylvania County Registry.

Subject to a right-of-entry as set out in Deed Book 236, Page 480 and Deed Book 211, Page 034, Transylvania County Registry.

This conveyance is made subject to the rights-of-way of all roads which may presently traverse the property, to all road rights-of-way which may presently appear of record, to the rights-of-way of all utility lines which may presently traverse the property and to all rights-of-way for public utilities which may presently appear of record.

The sale will be made subject to all prior liens, unpaid taxes and special assessments, restrictions and easements of record and assessments, if any.

The record owner of the above described real property as reflected on the records of the Register of Deeds for Transylvania County, North Carolina, not more than ten (10) days prior to the posting of the Notice is CJK Group, LLC.

Pursuant to N.C. Gen. Stat. § 45-21.10 and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five (5%) percent of the bid or $750.00. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him or her a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at the time, he or she shall remain liable on his or her bid as provided for in N.C. Gen. Stat. § 45-21.30.

The Trustee, in his sole discretion, pursuant to N.C. Gen. Stat. § 45-21.8 and § 45-21.9, shall sell the within described property separately or as one parcel in order to satisfy the indebtedness herein stated, and until full satisfaction of such indebtedness, the sale of the property separately shall not be deemed a waiver of the Trustee’s right to proceed to sell the remaining property to satisfy such indebtedness.

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 1, 2007, may, after receiving 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.

This sale will be held open ten (10) days for upset bids as required by law.

This the 7th day of April, 2014.

Peter U. Kanipe

One Oak Plaza, Suite 280

Asheville, NC 28801

M04/07/2TC - 54744

Notice of Public Hearing

Proposed Amendment to Official Zoning Map to Establish

Planned Development District 09-152

Brevard College Preliminary Master Plan

Notice is hereby given that at 7:00 p.m., or as soon thereafter as possible, on Monday, April 21, 2014, in the Council Chambers of the Municipal Building, 95 West Main Street, the Brevard City Council will hold a public hearing to consider the following matter:

An Ordinance Amending the Official Zoning Map of the City of Brevard to Establish a Planned Development District and Preliminary Master Plan for the entirety of the campus of Brevard College. The property is owned by Brevard College. Parcel Identification Numbers 8586-62-8087-000 and 8586-82-8015

The public is invited to attend this public hearing and comment upon the proposed Ordinance, which is on file in the Brevard Planning Department and available for public inspection during normal hours, Monday-Friday, 8:30 AM-5:00 PM. For additional information you may call the City Planning Department at (828) 885-5630.

This the 1st day of April, 2014.

Desiree D. Perry,

CMC, NCCMC

City Clerk

M04/07/2TC - 54863

NOTICE OF PUBLIC OR PRIVATE SALE:

Pursuant to N.C. GEN. STAT. §25-9-610, et seq., Great Oak Pool I., LLC (“Secured Party”), provides notice of its intention to dispose of certain collateral at either a public sale at 10:30 AM on Monday, April 14, 2014, at the Transylvania County Courthouse, 28 E. Main Street, Brevard, North Carolina 28712, or at a private sale thereafter. The Debtor is Glen Cannon Country Club, Inc. (the “Debtor”). The collateral to be sold is described in a NOTIFICATION OF DISPOSITION OF COLLATERAL AT PUBLIC SALE OR PRIVATE SALE (the “Notification”) dated March 28, 2014, and posted at the Transylvania County Courthouse. The collateral consists of equipment (including non-fixture furnishings), inventory and general intangibles owned by the Debtor, in each instance as more precisely described in the Notification, but EXCLUDES any items leased but not owned by the Debtor, EXCLUDES any fixtures and EXCLUDES any accounts, rents, monies, payments or other rights owned by the Debtor in any way arising out of the Debtor’s real estate. At any public sale the collateral will be sold in a single block, to one purchaser, based upon the highest qualified bid at such public sale. At any public sale the Secured Party reserves the right to credit bid, to withdraw all or any part of the collateral from any public sale and to amend the description of the collateral to be sold. The Secured Party also reserves the right to forego conducting the public sale and instead to sell the collateral at one or more private sales at any time after 10:30 AM on Monday, April 14, 2014. At any sale the collateral will be sold “as is, where is,” without any warranty of any kind, subject to any superior liens, claims or interests and according to all other terms and conditions set forth in the Notification. Any interested party wishing to review the Notification may view it as posted at the Transylvania County Courthouse or may obtain a copy of it from the Secured Party’s counsel (Douglas Ghidina, at 704-331-3504 or [email protected] .com). Copies of the Notification also will be made available at any public sale. The terms and conditions of the Notification (and not this published notice) shall govern any public sale.

M-T04/07/2TP - 54786

Pisgah Center Self Storage

495 Hendersonville Hwy

Pisgah Forest, NC 28768

April 26, 2014

Pisgah Center Self Storage

will be conducting a sale of

various items of personal propertypursuant to the assertion of a lien for rental at the above address on

Saturday, April 26, 2014 at 12:30 PM

Unit # 400, Laura Curry, various personal and household articles

Unit #193, Richard Smith, various personal and household articles

M04/07/1TC - 54864

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

12 CVD 309

COUNTY OF Transylvania, A Body Politic and

Corporate, Plaintiff

vs.

LAKE NORMAN CUSTOM BUILDERS, INC., a dissolved North Carolina Corporation, Owner; Connestee Falls PROPERTY OWNER’S ASSOCIATION, INC., a North Carolina Corporation, Claims of Lien; and SOUTHGATE MASONRY AND LUMBER CO., INC., Judgment Creditor, Defendants

AMENDED GENERAL

NOTICE OF TAX

FORECLOSURE SALE

Under and by virtue of a Judgment of the Presiding District Court Judge for Transylvania County, North Carolina, made and entered in the action entitled “County of Transylvania vs. Lake Norman Custom Builders Inc., a dissolved North Carolina Corporation, et al” the undersigned Commissioner will, on the 14th day of APRIL, 2014, at 11:30 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real property described in the attached Exhibit “A” incorporated herein by reference. The property lies within Transylvania County, North Carolina, and is more particularly described in Exhibit “A” PIN: 8573-32-3006 Lot 87, Unit 30, Connestee Falls, Ayugidv Court, attached hereto. The sale will be held at the Transylvania County Courthouse Doorway, 12 East Main St., Brevard, North Carolina.

The sale will be made subject to all outstanding City and County taxes and all superior restrictions of record and local improvement assessments against the above described property not included in the Judgment in the above entitled cause. All junior liens will be extinguished upon sale.

The property, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty.

The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the undersigned will require the successful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable for said bid. The Transylvania County Tax Collector may make a credit bid.

This sale will remain open for ten (10) days, as by law required, at which time an upset bid may be made with the Clerk of Court for Transylvania County, North Carolina. The Notice may be withdrawn at any time until the conclusion of the sale.

This 10th day of February, 2014.

ROBERTS & STEVENS, P.A.

___/s/______

Marjorie R. Mann

Commissioner

P.O. Box 7647

Asheville, NC 28802

Telephone: (828)252-6600

Facsimile: (828)210-6554

N.C. Bar No. 13202

Exhibit A

PIN: 8573-32-3006 (Lot 87, Unit 30, Connestee Falls, Ayugidv Court)

BEING all of Lot No. 87, Unit 30, Revised, of Connestee Falls Development as shown by a plat thereof recorded in Plat Book 5, pages 82-82D, Records of Plats for Transylvania County, North Carolina.

Subject to restrictive covenants of record and right-of-entry, if any, of record.

BEING all of the property described in Deed Book 296, Page 227, in the Office of the Register of Deeds of Transylvania County, and being identified for property tax purposes as PIN No: 8573-32-3006-000.

M03/31/2TC - 54597

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 14-E-87

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Patricia Debra Lever of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Patricia Debra Lever to present them to the undersigned on or before July 7, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 7, 2014

Ursula Lever

42 Taya Ct.

Brevard, NC 28712

Attorney:

Brian P. Philips

PO Box 432

∫revard, NC 28712

M04/07/4TC - 54865

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

NOTICE TO

CREDITORS

The undersigned, having qualified as EXECUTOR of the ESTATE OF GEORGE

L. ANSTADT deceased, late of Miami County, Ohio, owning real property located

in Transylvania County, North Carolina, notifies all persons having claims against

said estate to present them to the undersigned c/o Andrew D. Atherton, at

McGuire, Wood & Bissette, P.A., PO Box 3180, Asheville, NC 28802, on or

before July 7, 2014, or this Notice will be pleaded in bar of their recovery. All

persons indebted to said Estate will please make immediate payment to the

undersigned.

This the 7th day of April, 2014.

INGE ANSTADT,

ANCILLARY EXECUTOR

ESTATE OF

GEORGE L. ANSTADT

M04/07/4TC - 54862

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

12 CVD 309

COUNTY OF Transylvania, A Body Politic and Corporate, Plaintiff

vs.

LAKE NORMAN CUSTOM BUILDERS, INC., a dissolved North Carolina Corporation, Owner; Connestee Falls PROPERTY OWNER’S ASSOCIATION, INC., a North Carolina Corporation, Claims of Lien; and SOUTHGATE MASONRY AND LUMBER CO., INC., Judgment Creditor, Defendants

AMENDED GENERAL

NOTICE OF TAX

FORECLOSURE SALE

Under and by virtue of a Judgment of the Presiding District Court Judge for Transylvania County, North Carolina, made and entered in the action entitled “County of Transylvania vs. Lake Norman Custom Builders Inc ,. a dissolved North Carolina Corporation, et al” the undersigned Commissioner will, on the 14th day of APRIL, 2014, at 11:30 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real property described in the attached Exhibit “A” incorporated herein by reference. The property lies within Transylvania County, North Carolina, and is more particularly described in Exhibit “A” PIN: 8582-16-3050 Lot 84, Unit 3, Connestee Falls, Oakanoah Court, attached hereto. The sale will be held at the Transylvania County Courthouse Doorway, 12 East Main St., Brevard, North Carolina.

The sale will be made subject to all outstanding City and County taxes and all superior restrictions of record and local improvement assessments against the above described property not included in the Judgment in the above entitled cause. All junior liens will be extinguished upon sale.

The property, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty.

The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the undersigned will require the successful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable for said bid. The Transylvania County Tax Collector may make a credit bid.

This sale will remain open for ten (10) days, as by law required, at which time an upset bid may be made with the Clerk of Court for Transylvania County, North Carolina. The Notice may be withdrawn at any time until the conclusion of the sale.

This 10th day of February, 2014.

ROBERTS & STEVENS, P.A.

___/s/______

Marjorie R. Mann

Commissioner

P.O. Box 7647

Asheville, NC 28802

Telephone: (828)252-6600

Facsimile: (828)210-6554

N.C. Bar No. 13202

Exhibit A

PIN: 8582-16-3050 (Lot 84, Unit 3, Connestee Falls, Oakanoah Court)

BEING all of Lot 84 of Unit 3, of Connestee Falls Development as shown by Plat thereof, recorded in Plat Book 4, Pages 64-64A, Records of Plats for Transylvania County, North Carolina.

Subject to the privileges and mutual and beneficial restrictions, covenants, equitable servitudes and charges set forth in the Third Restatement of Declaration of Restrictive Covenants for Connestee Falls recorded in Book 421, Page 161, Records of Deeds for Transylvania County, North Carolina and by all subsequent amendments and supplemental declarations thereto appearing of record in the office of the Register of Deeds for Transylvania County.

Subject to the right of entry retained in Book 205, page 614, Transylvania County Registry.

This conveyance is made subject to the rights-of-way of all roads which may presently traverse the property, to all road rights of way which may presently appear of record, to the rights-of-way of all utility lines which may presently traverse the property and to all rights of way for public utilities which may presently appear of record.

The above described tract is the identical tract conveyed in deed recorded in Book 396, Page 232, Transylvania County Registry.

M03/31/2TC - 54598

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 14-E-74

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Phyllis Ann Freeman of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Phyllis Ann Freeman to present them to the undersigned on or before June 24, 2014 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 24, 2014

Sherida L. Freeman

79 Brookside Drive

Brevard, NC 28712

T03/24/4TP - 54713

 
 

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