The Transylvania Times -

Legal Notices For June 4, 2015

 


STATE OF

North CAROLINA

Transylvania County SUPERIOR COURT

File No. 15-E-95

NOTICE TO

CREDITORS

I have qualified as Executor of the Estate of J. (James) Ogden Owens, Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before August 14, 2015, or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: May 14, 2015

Jacqueline R. Lewis, Executor

481 Kanasgowa Drive

Brevard, NC 28712

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Executor

T/5/14/4TC - 58999

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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 Malcolm Young to William White, Trustee(s), which was dated July 20, 2009 and recorded on July 24, 2009 in Book DOC 507 at Page 665, 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 June 11, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

 

Being and comprehending all of Lot No. 3-B, containing 0.75 acres, more or less, as more fully described on the plat entitled “Boundary Survey of Property Owned by Nancy P. Searles” as surveyed and platted by E. Roger Raxter, RLS and recorded in Plat File 7 at Slide 711 in the Translvania County Registry.

Subject to the rights of way of all roads which may presently traverse the property, to all road rights of way which may presently traverse the property and to all rights of way for public utilities which may appear of record.

Subject to the restrictive covenants found in Deed Book 439, Page 589 as restated in Document Book 17, Page 6 and amended at Document Book 214 at Page 437 in the Transyl-vania County Registry.

There is also conveyed herewith a right of way through subdivision roads and along the road right of way as it currently exists from the above described property to SR 1538, in common with others having a legal right to use same.

 

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

 

Said property is commonly known as 480 Las Praderas Circle, Brevard, NC 28712.

 

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), which-ever 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 All Lawful Heirs of Malcolm Young.

 

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 .: 14-00566-FC01

T/5/28/2TC - 59112

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15 SP 30

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 Billy J. Gage, Jr. and Samantha S. Gage to TRSTE, Inc., Trustee(s), which was dated June 26, 2008 and recorded on July 1, 2008 in Book DOC 464 at Page 615, 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 June 11, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

 

Beginning at a point in the Northwest margin of U.S. Highway 276, at the end of a culvert through which branch passes underneath said highway, said point being the Northeast corner of Lot No. 3 and the Southeast corner of Lot No. 4 of the J. W. Raxter land, and runs thence with the Northwest margin of U.S. Highway 276, South 18° West 200 feet to a spring, being the Northeast corner of Lot No. 2 and the Southeast corner of Lot No. 3; thence down and with said spring branch, North 72° West 250 feet to a point in the center of the French Broad River; thence up and with the center of the French Broad River, North 25° West 160 feet to a point opposite the mouth of the aforesaid branch; thence up and with the center of said branch, North 85° West 370 feet to the point of beginning.

Being all of Lot No. 3 of the J.W. Raxter land as surveyed and platted by J.C Wike on the 18th day of August 1938; said plat being recorded in Plat Book 1, Page 179, Plat Records of Transylvania County,

 

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

Said property is commonly known as 1750 Greenville Highway, Brevard, NC 28712.

 

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), which-ever 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 Billy J. Gage, Jr. and wife, Samantha S. Gage.

 

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 .: 15-06036-FC01

T/5/28/2TC-59113

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STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

COUNTY OF

TRANSYLVANIA

SUPERIOR COURT DIVISION

FILE NO. 15 E 142

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of Delma Jean Conger of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Delma Jean Conger to present them to the undersigned on or before September 4, 2015 or the claim will be forever barred thereafter. All persons indebted to the said estate, please make immediate payment.

This the 4th day of June, 2015.

Jeffery Brown

282 Pawnee Court

Paso Robles, CA 93446

Attorney:

Margaret M. Hunt

P O Box 1175

Brevard, NC 28712

T/6/4/4TC-59171

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STATE OF

North CAROLINA

IN THE GENERAL COURT OF JUSTICE

COUNTY OF

Transylvania SUPERIOR COURT DIVISION

File No: 15-E- 141

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Virginia H. Williams of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Virginia H. Williams to present them to the undersigned on or before September 4th, 2015 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 4th day of June, 2015.

Judy Lynn Williams, Exec.

3098 Connestee Trail

Brevard, NC 28712

Attorney: The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

T/6/4/4TC- 59172

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Notice of Public Hearing

City of Brevard

Proposed Amendments to Unified Development Ordinance

The Brevard City Council will hold a public hearing on Monday, June 15, 2015. The hearing will begin at 7:00 p.m. or as soon thereafter as possible in the Council Chambers of the Municipal Building located at 95 West Main Street to consider the following:

Proposed text amendments to the following section(s) of Brevard City Code, Unified Development Ordinance:

Establish Section 12.11.A.1 to reduce the separation requirement between new ground signs within planned development districts, group developments, institutional campuses, and other similar projects.

The public is invited to attend this public hearing and make comment, either in favor of or in opposition to the proposed text amendments. The proposed text amendments are available for review and are on file in the Brevard Planning Department and available for public inspection during normal hours, Monday-Friday, 8:30 a.m. - 5:00 p.m. For additional information you may call the City Planning Department at (828) 885-5630.

This 2nd day of June, 2015.

Desiree Perry

City Clerk

T/6/4/2TC - 59158

 
 

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