The Transylvania Times -

Legal Notices For January 12, 2015

 


14 SP 97

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 Elmo James Smith, Jr. and Linda L. Smith to Jennifer Herzog, Trustee(s), which was dated June 4, 2008 and recorded on June 9, 2008 in Book 461 at Page 487, 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 January 27, 2015 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

 

The following particularly described real estate, located in the township of Brevard, Transylvania County, North Carolina, to-wit: beginning on a stake in the southwestern margin of McCall Road, the Northeast corner of Lot No. 3, of Hillside Heights Subdivision and runs thence with the margin of said road, S. 69 degrees 30 minutes E. 100 Ft. to a stake in the margin of road, Northwest corner of Lot No. 5; thence with the line of Lot No. 5, S. 14 degrees 30 minutes W. 180 Ft. to a stake in the branch and in V. L. Neills line, Southwest corner of Lot No. 5; thence along the branch and with Neills line, N. 60 degrees 30 minutes W. 110 Ft. to a stake, Southeast corner of Lot No. 3; thence with the line of Lot No. 3, N. 18 degrees 30 minutes E. 160 Ft. to the beginning, being all of Lot No. 4, of the J. W. McGuire Subdivision, of the Curto lands, known as Hillside Heights. Together with a right-of-way and easement in and to the road running from U. S. Highway 64, and passing along the front of this lot. Being the same fee simple property conveyed by deed from Paul E. McCall and Delores J. McCall husband and wife to Elmo James Smith, Jr. and Linda L. Smith husband and wife, dated 09/03/1975 recorded on 09/03/1975 in Book 214, Page 122 in Transylvania County records, state of NC.

 

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

 

Said property is commonly known as 80 Hillside Heights, 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 Elmo James Smith Jr. and wife, Linda L Smith.

 

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 .: 14-20532-FC01

M01/12/2TC - 57625

14 SP 98

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 Jeffrey Dean Perkins and Kim Perkins to First American Title Com-pany, Trustee(s), which was dated October 9, 2007 and recorded on October 10, 2007 in Book 431 at Page 298, Transylvania County Registry, North Carolina.

 

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Ser-vices 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 January 27, 2015 at 11:00AM, 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 pipe set just East of a wood utility pole on the southern edge of a concrete driveway, said iron pipe being in the North line of Ballard and Taylor Property described in Deed Book 166, Page 66, Transylvania County Registry, and runs thence, with said line, North 82 deg. 55 min. 34 sec. West 265.46 feet to an iron pipe found at the Northwest corner of said Ballard/Taylor Property and in the line of James Ronald Allender Property described in Deed Book 161, Page 62; thence with the Allender line, North 12 deg. 33 min. 02 sec. East 80.60 feet to an iron rod set; and North 53 deg. 07 min. 32 sec. East 148.40 feet to an iron rod found at the Southeast corner of the Johnny Nagy Property described in Deed Book 265, Pager 479; thence, with the Nagy line, South 58 deg. 16 min. East, passing an iron pipe found several feet west of the margin of the right of way of Whispering Pines Road (SR 1579), also known as McCarson Road, at 179.88 feet, a total distance of 209.00 feet to a point on the Northwest margin of the pavement of said road over the center of a culvert; thence, along the West side and within the pavement of said road, Two (2) calls as follows: South 22 deg. 34 min. 14 sec. West 32.90 feet to a point; and South 04 deg. 12 min. 45 sec. West 64.40 feet to a point just West of the center of the pavement of said road; thence, leaving said pavement and running North 82 deg. 55 min. 34 sec. West, crossing the Southeast corner of the aforementioned concrete driveway at approximately 21 feet, a total distance of 33.44 feet to the iron pipe and point of beginning. Being all of Lot 11 of Whispering Pines Sub-division, containing .925 acres, more or less, as shown on an unrecorded plat drawn from a survey by Robert L. Hafler, RLS, dated March 26, 1991. Subject to the 45 foot right of way of Whispering Pines Road (S.R. 1579), a/k/a McCarson Road, which runs along the eastern side of said lot and also subject to public utilities easements of record.

 

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

 

Said property is commonly known as 121 Whispering Pines Road, Pisgah Forest, NC 28768.

 

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 Jeffrey Dean Perkins and wife, Kim Perkins.

 

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 .: 14-23925-FC01

M01/12/2TC - 57624

2nd NOTICE OF SALE OF REAL ESTATE

UNDER CLAIM OF LIEN

RE: 14-SP-61

UNDER AND BY VIRTUE of the power granted in the recorded Declarations and North Carolina law (including N.C.G.S. §47F-3-116) which authorize the foreclosure of the Claim of Lien filed against James A. Lytle and Carol Ann Lytle by Burlingame Property Owners Association, Inc. (hereinafter “Association”), filed March 14, 2013 and filed at Book 13 M 24, in the Office of the Clerk of Superior Court for Transylvania County and because of a failure to make timely payment of assessments and other charges levied by the Association and pursuant to an Order entered by the Clerk of the Superior Court and pursuant to demand of the Association, the undersigned will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the Courthouse of Transylvania County, in the City of Brevard, North Carolina, on January 26, 2015 at 11:00 A.M., all that certain parcel of real estate, including any undivided interest in common area and all improvements and fixtures located thereon, in Transylvania County, North Carolina, more particularly described as follows:

ADDRESS OF PROPERTY: Lot 34D, Burlingame Subdivision, as per plat thereof recorded at Plat File 4, Slide 3, Transylvania County Registry.

PRESENT RECORD OWNER(S): James A. Lytle III and Carol Ann Lytle

The terms of the sale are that the property will be sold for cash to the highest bidder and a cash deposit not to exceed the greater of five percent (5%) of the amount of the bid, or Seven Hundred and Fifty Dollars ($750.00) may be required at the time of the sale. The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “As Is, Where Is”. The Burlingame Property Owners Association, Inc. does not 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 conditions are expressly disclaimed. The property will be sold subject to restrictions and easements of record, any unpaid taxes, prior liens and special assessments, any transfer tax associated with the foreclosure, and any tax required to be paid by N.C.G.S. §7A-308(a)(1). The sale will be held open for ten days for upset bids as required by law.

That 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 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 the 17th day of December, 2014.

By: Richard J. Kania, Trustee

600-A Centrepark Drive

Asheville, NC 28805

(828) 252-8010

M1/12/2TC - 57552

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 14E292

EXECUTOR’S–

ADMINISTRATOR’S

 

NOTICE

Having qualified as Executor of the Estate of Carolyn T. Ayers of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Carolyn T. Ayers to present them to the undersigned on or before March 23, 2015 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: December 22, 2014.

 

Shirley L. Ayers

54 Lynwood Circle

Asheville, NC 28806

M12/22/4TP - 57554

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 14E329

EXECUTOR’S —- ADMINISTRATOR’S

 

NOTICE

 

 Having qualified as Executor of the Estate of Dorothy Rockwood Vaniman of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Dorothy Rockwood Vaniman to present them to the undersigned on or before March 23, 2015 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: December 22, 2014.

 

Gay Vaniman Poor

PO Box 1293

Pisgah Forest, NC 28768

M12/22/4TP - 57556

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 14E338

EXECUTOR’S —- ADMINISTRATOR’S

 

NOTICE

 

 Having qualified as Co-Executors of the Estate of Larie Charles Mears of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Larie Charles Mears to present them to the undersigned on or before April 6, 2015 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 5, 2015.

 

Lance Mears

8002 SW 149th Ave

Apt. B-109

Miami, FL 33193

 

Robin Spina

1201 Bimini Lane

Singer Island, FL 33404

 

Attorney: Brian P. Philips, PO Box 432,

Brevard, NC 28712

M01/05/4TC - 57623

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 115-E-07

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Henry Paul Jones of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Henry Paul Jones to present them to the undersigned on or before April 13, 2015 or the claim will be forever barred thereafter.

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

Dated: January 12, 2015

Andrew Wayne Jones

2407 Shannon Drive

Belmont, NC 28012

M01/12/4TP - 57659

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO 14-E-327

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Donald G. Duncan of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Donald G. Duncan to present them to the undersigned on or before April 13, 2015 or the claim will be forever barred thereafter.

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

Dated: January 12, 2015

Ruth M. Duncan, Exec.

137 S. College Row

Brevard, NC 28712

Attorney:

The Neumann Law Firm, PLLC

David Neumann, Atty.

9 Park Place West, Ste 102

Brevard, NC 28712

828-884-6575

M01/12/4TP - 57660

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 15-E-02

EXECUTOR’S -

ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Robert J. Giudici of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Robert J. Giudici to present them to the undersigned on or before April 13, 2015, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 12th day of January, 2015.

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

M01/12/4TC - 57661

STATE OF

North CAROLINA

TRANSYLVANIA

COUNTY SUPERIOR COURT

File No. 14-E-332

NOTICE TO

CREDITORS

I have qualified as Executor of the Estate of Thelma B. Erickson, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before April 12, 2015, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: January 12, 2015

Mark Monroe Erickson, Executor

1914 Juno Isles Blvd.

Juno Beach, FL 33408

Donald Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828)862-8736

Attorney of the Executor

M01/12/4TC - 57662

 
 

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