The Transylvania Times -

Legal Notices For April 30, 2015

 


CREDITOR’S NOTICE

Having qualified as Executor of the Estate of Richard C. Tresise, 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 Executor, in care of Barry B. Kempson, Esq., Van Winkle, Buck, Wall, Starnes and Davis, P.A., Attorneys-at-Law, 11 North Market Street, Asheville, NC 28801 (PO Box 7376. Asheville, NC 28802), on or before the 16th day of July, 2015, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

Richard C. Tresise, Jr., Executor

Estate of Richard C. Tresise

The Van Winkle Law Firm

PO Box 7376

Asheville, NC 28802

T/4/16/4TC 58654

NOTICE OF

FORECLOSURE SALE

FILE NO. 15-SP-28

Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Jesper Linde to Gayle E. Ramsey, Trustee, dated July 14, 2010 and recorded in Book DOC 543, at Page 502 in the Transylvania County Registry, Brevard, North Carolina, default having been made in the  payment of the Note thereby secured by the said Deed of Trust, and the undersigned having been substituted as Trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the Holder of the Note evidencing the 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, Transylvania County, North Carolina, on May 13, 2015, at 11:30 a.m. and will sell to the highest bidder for cash the following real estate:

Generally described as certain real property, with any and all improvements thereon, located in Transylvania County, North Carolina, and being more particularly described as follows:

 

Being all of Lot 10 (Revised) of Block H of the subdivision of a portion of the property of Lake Toxaway Co. as shown on a plat thereof recorded in the office of the Register of Deeds for Transylvania County in Plat File 14, Slide 189, which encompasses and combines into a single lot all of former Lots 8 and 10 of Block H of the subdivision of a portion of Lake Toxaway Co. as shown on a plat thereof recorded in Plat Book 2, page 179.

 

There is also conveyed hereby a right-of-way from the lot hereinabove described to U.S. Highway 64 over and along Whetstone Gap Road as the same is now located and shown on the recorded plats hereinabove referred to, said right-of-way to be for travel of all kinds, on foot and with all types of vehicles, with the right of ingress, egress and regress over and along the same in common with all others entitled to the use thereof.

 

Together with all of the appliances, fixtures, furniture, furnishings and other items of personal property which are now located in the house which is situated on the lot hereinabove described, with it being understood and agreed that in the event of Grantor’s default on the payment of the promissory note secured by this deed of trust which results in the foreclosure of the land hereinabove described, all appliances, fixtures, furniture and furnishes which were located in said house on July 15, 2010, must remain therein and may not be removed by Grantor.

 

This deed of trust is given to secure the remaining balance due on the purchase price of the land hereinabove described.

 

Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book DOC 543, at Page 502 in the office of the Register of Deeds of Transylvania County.

 

This is the same property described in the Deed of Trust recorded in Book DOC 543, at Page 502 in the office of the Register of Deeds of Transylvania County.

 

The current property owner is Jesper Linde.

The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners’ association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics’ and materialmen’s liens, and any recorded releases.

 

The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS, AND WITH ALL FAULTS.”  Neither the Substitute 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 representatives of either the Substitute Trustee or the Holder of the Note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.

 

To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price.

 

A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale.  If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee’s Deed will be tendered to the highest bidder.  Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee’s Deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he may remain liable on his bid as provided for in N.C. Gen. Stat. §§ 45-21.30(d) and (e).  In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale.

 

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. 

 

In accordance with N.C. Gen. Stat. § 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, 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.

 

This the 13th day of April, 2015.

 

Norman J. Leonard

Attorney for WASLAW, LLC

WASLAW, LLC

Substitute Trustee

Post Office Box 2020

Asheville, NC  28802-2020

Telephone:  828.348.6070

T/4/30/2TC - 58733

STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF

BUNCOMBE

FILE NO .: 14 JT 331

RE: MINOR CHILD FOLSTON,

KELLY WILLIAMS YOUNG, Petitioner,

v.

NOTICE OF SERVICE OF PROCESS BY

PUBLICATION

JOSHUA BRYAN

FOLSTON

JESSICA LEIGH ANN ELLIOTT

Respondents

TO: JESSICA LEIGH ANN ELLIOTT,

Take notice that a pleading seeking relief against you has been filed in the above action. The nature of the relief being sought is as follows: Petitioner is seeking to terminate the parental rights of the Respondents. For a detailed statement of the facts, reference is hereby made to the Petition in the Office of the Clerk of Superior Court of Buncombe County, North Carolina.

You are required to make defense to such pleading within 40 days from the first date of publication. Upon your failure to file a pleading by the above date, party seeking service against you will apply to the Court for the relief sought. You have the right to court appointed counsel and attorney Diane Walton of the Buncombe County Bar was provisionally appointed by the court to represent you in this matter.

This the 20th day of April, 2015.

Attorney for Petitioner

P.O. Box 608

Hendersonville, NC 28793

(828) 697-4327

T/4/23/3TC - 58734

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Brevard Board of Adjustment will meet in the Council Room of the Municipal Building located at 95 W. Main St. in Brevard, North Carolina, on Tuesday, May 12, 2015 at 7:00 P.M. The following case will be considered:

The purpose of this meeting is to discuss the VARIANCE APPLICATION of New Paradigm Homes, LLC (VAR #15-127).

VAR Request – New Paradigm Homes, LLC

Request of New Paradigm Homes, LLC for a variance in the rear setback from 25’ to 18’ 6”. The property is located at 415 W. Probart Street within the corporate limits of the City of Brevard, further identified by PIN 8586-32-4475-000.

The submitted application and accompanying information regarding the above-described request is available for review within the City Planning Department, 95 West Main Street, Brevard, NC 28712.

If you have any questions, please feel free to contact the City of Brevard Planning and Zoning Department at 828-885-5630

T/4/30/2TC - 58787

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City of Brevard Board of Adjustment will meet in the Council Room of the Municipal Building located at 95 W. Main St. in Brevard, North Carolina, on Tuesday, May 12, 2015 at 7:00 P.M. The following case will be considered:

The purpose of this meeting is to discuss the SPECIAL USE PERMIT APPLICATION of Bryson Development & Mgt., Ltd. #15-119.

SUP Request – Bryson Development & Mgt., Ltd.

Request of Bryson Development & Mgt., Ltd. for a special use permit, to operate a campground in a general residential (GR4) zoned district. The property is located at 72 Pisgah Highway, Pisgah Forest, NC, PIN #(s): 8597-46-3919-000; 8597-47-7887-000; 8597-48-2017-000.

The submitted application and accompanying information regarding the above-described request is available for review within the City Planning Department, 95 West Main Street, Brevard, NC 28712.

If you have any questions, please feel free to contact the City of Brevard Planning and Zoning Department at 828-885-5630

T/4/30/2TC - 58785

STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

COUNTY OF

TRANSYLVANIA

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO: 15-E-22

IN THE MATTER OF THE ESTATE OF

COLUMBUS ROY CLANTON

CREDITOR’S NOTICE

Having qualified as Administrator of the Estate of COLUMBUS ROY CLANTON of Transyl-vania County, North Carolina, this is to notify all persons having claims against the Estate of COLUMBUS ROY CLANTON to present them to the undersigned on or before July 23, 2015, or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

This the 23rd day of April, 2015.

Tony C. Dalton

Administrator

542 South Caldwell Street

Brevard, NC 28712

T/4/23/4TC - 58732

STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

Transylvania

FILE NO. 15E86

EXECUTOR’S —- ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Warren Eugene Baker

of Transylvania County, North Carolina, this is to notify all persons having

claim against the Estate of Warren Eugene Baker to present them to the

undersigned on or before July 6, 2015 or the claim will be forever barred

thereafter.

All persons indebted to said estate please make immediate payment.

Dated: This 9th day of April, 2015

John Mack Baker, Executor

2 Crestview Ave.

Medway, MA 02053

Attorney: Margaret Hunt

PO B 1175

Brevard, NC 28712

T/4/9/4TC - 58600

STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

TRANSYLVANIA

FILE NO. 15E110

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Edwin Leroy Galloway of

Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Edwin Leroy Galloway to present them to the undersigned on or before July 30, 2015 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 30, 2015.

James Michael Galloway

33 Orange Street

Brevard, NC 28712

T/4/30/4TC - 58828

STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

Transylvania FILE NO. 15E110

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Edwin Leroy Galloway of

Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Edwin Leroy Galloway to present them to the undersigned on or before July 30, 2015 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 30, 2015.

Christine Schaeffer

4359 Meadlowland Circle

Sarasota, FL 34233-58830

T/4/30/4TP- 58830

STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF

Transylvania FILE NO. 15E-108

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Administrator of the Estate of Marjorie Ann Micuda of

Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Marjorie Ann Micuda to present them to the undersigned on or before July 30, 2015 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 30, 2015.

Octavia M. Thomas, Admin.

597 Auburn Rd.

Waynesville, NC 28768

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West,

Ste. 102

Brevard, NC 28712

828-884-6575

#13630

T/4/30/4TC - 58831

VAR Request –

New Paradigm Homes, LLC NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Brevard Board of Adjustment will meet in the Council Room of the Municipal Building located at 95 W. Main St. in Brevard, North Carolina, on Tuesday, May 12, 2015 at 7:00 P.M. The following case will be considered:

The purpose of this meeting is to discuss the VARIANCE APPLICATION of New Paradigm Homes, LLC (VAR #15-126).

VAR Request – New Paradigm Homes, LLC

Request of New Paradigm Homes, LLC for a variance in the rear setback from 25’ to 18’ 6”. The property is located at 405 W. Probart Street within the corporate limits of the City of Brevard, further identified by PIN 8586-32-4492-000.

The submitted application and accompanying information regarding the above-described request is available for review within the City Planning Department, 95 West Main Street, Brevard, NC 28712.

If you have any questions, please feel free to contact the City of Brevard Planning and Zoning Department at 828-885-5630

T/4/30/2TC - 58786

 
 

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