The Transylvania Times -

Legal Notices for January 4, 2016

 


NOTICE TO

CREDITORS

Having qualified as Executor of the Estate of Lucille S. Tilden, late of Transylvania County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned, c/o Jill L. Peters, 300 N. Third Street, Suite 301, Wilmington, North Carolina 28401, on or before the 16th day of March, 2016, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.

This the 14th day of December, 2015.

Old North State Trust LLC, Executor of the Estate of Lucille S. Tilden

Jill L. Peters

Smith Moore Leatherwood LLP

300 N. Third Street,

Suite 301

Wilmington, NC 28401

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NOTICE OF

ADMINISTRATION

15 E 321

Having qualified as Administrator of the Estate of Carl Dean Harris of Brevard, NC, this is to notify all persons having claims against the Estate to present them to the undersigned on or before March 22, 2016 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate, please make immediate payment.

Sherrie Lynn Harris, Administrator

Janice Walston, Attorney

Narron & Holdford, PA

PO Box 279

Wilson, NC 27894-0279

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113470-01399/FNMA

14-SP-47

NOTICE OF

SUBSTITUTE TRUSTEE’S

FORECLOSURE SALE OF REAL PROPERTY

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Brenda C. Hunt, dated December 18, 2000 and recorded on December 22, 2000 in Book No. 35 at Page 33 in the Office of the Register of Deeds of Transylvania County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Transylvania County Courthouse, Brevard, North Carolina on January 7, 2016 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Brevard, County of Transylvania, State of North Carolina, and being more particularly described in the above referenced Deed of Trust.

Address of property: 121 White Oak Lane, Brevard, NC 28712

Tax Parcel ID: 8586-32-7724-000

Present Record Owners: Kim Yvette Wilkes

The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed.

The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required.

If for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee.

Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units:

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 by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. 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.

Attorney at Law

Rogers Townsend & Thomas, PC

Substitute Trustee

2550 West Tyvola Road, Suite 520

Charlotte, NC 28217

(704) 442-9500

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 15-E-338

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Jean Murphey Mattson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Jean Murphey Mattson to present them to the undersigned on or before March 28, 2016 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 28th day of December, 2015.

Virginia A. Fortune, Exe.

PO Box 509

Brevard, N 28712

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

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13 SP 147

 

AMENDED 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 Dan Mraz a/k/a Daniel Mraz and Sandra Mraz to Trustee Services of Carolina, Trustee(s), which was dated November 20, 2003 and recorded on December 3, 2003 in Book 207 at Page 114 and rerecorded/ modified/corrected on August 17, 2012 in Book 622, Page 679 and rerecorded/modified/corrected on September 4, 2015 in Book 738, Page 405, 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 11, 2016 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

 

Being all of Lot 403, Phase I of Walnut Hills Development as shown on a plat thereof recorded in Plat File 3, Slide 83, Records of plats for Transylvania County in the office of the Register of Deeds for Transylvania County, North Carolina.

This conveyance is made subject to the following:

1. County real estate taxes for the current year and all subsequent years.

2. All conditions, restrictions, limotations, reservations and easements of record including all matters shown on the plat hereinabove referred to, the Declaration of Restrictive Covenants for Walnut Hills Development recorded in Book 294, page 205, Records of Deeds for Transylvania County, North Carolina, and the supplemental declaration of restrictive covenants for Walnut Hills Development recorded in Book 294, page 216, Records of Deeds for Transylvania County, North Carolina.

 

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

 

Said property is commonly known as 111 West Dogwood 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), 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 Daniel M. Mraz and wife, Sandra J. Mraz.

 

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 by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2)].  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 .: 13-24666-FC01

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Notice of Public Hearing

Request for Certificate of Public Convenience and Necessity

To Authorize a Taxicab Business within the City of Brevard

The Brevard City Council will hold a public hearing on Tuesday, January 19, 2016. The hearing will begin at 7:00 PM or as soon thereafter as possible in the Council Chambers of the Municipal Building located at 95 West Main Street to consider the following:

As required by City of Brevard Code, Chapter 78 Vehicles For Hire, a hearing will be held for the purpose of considering whether a Certificate of Public Convenience and Necessity will be issued to Mr. Jim Hyatt. Approval of the Certificate of Public Convenience and Necessity would result in a license being issued to Mr. Hyatt as the Holder of the Certificate to operate a taxicab business, Transylvania Taxi, within the City of Brevard.

The public is invited to attend this public hearing and make comment, either in favor of or in opposition to this Application. The Application is on file in the City Clerk’s Office and available for public inspection during normal hours, Monday-Friday, 8:30 AM - 5:00 PM. For additional information you may call the City Clerk at (828) 885-5614.

This the 22nd day of December, 2015.

Desiree D. Perry,

CMC, NCCMC

City Clerk

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Pisgah Center Self Storage

495 Hendersonville Hwy

Pisgah Forest, NC 28768

January 16, 2016

Pisgah Center Self Storage will be conducting a sale of various items of personal property pursuant to the assertion of a lien for rental at the above address on Saturday, January 16, 2016, at 12:15 PM for the following: 

Storage Space #22, Charles Owenby, furniture, various personal and household articles. 

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NOTICE OF SERVICE

OF PROCESS BY

PUBLICATION

STATE OF North Carolina

Transylvania COUNTY

In the District Court Division 14 JA 41

In Re: DOE

DOB 2/13/2013

To SAMUEL GRANT, and all UNKNOWN FATHERS

Take notice that a petition for adoption regarding the above mentioned female minor child, conceived approximately May/June 2012, born February 13, 2013 in Brevard, North Carolina to Chelsea Hogsed, will be filed at the Transylvania County Courthouse in Brevard, North Carolina. The nature of the relief sought as follows:

PETITION FOR

ADOPTION

You are required to make defense to such pleading not later than January 29, 2016 and upon your failure to do so, your parental rights will be terminated upon entry of the order of adoption.

This is the 16th day of December, 2015.

Robert P. Brackett, Jr.

Attorney

Transylvania County Social Services

140 Third Avenue East

P.O. Box 157

Hendersonville, NC 28792

Telephone: 828-693-5824

N.C. Bar # 39537

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NOTICE OF

DISCHARGE OF UNTREATED SEWAGE

The City of Brevard experienced a discharge of untreated sewage from the sewer pump station located on Neely Road and occurred during a sustained and continued period of rain, at times heavy on Monday, December 28, 2015. The Tennessee Valley Authority reported a total of 1.63” of precipitation was received in the Brevard area on this date; and 5.02” for the 7 previous days beginning on December 22, 2015. Collections System and Maintenance Division personnel remained on duty and monitored pump speed and pressures during the event. The total estimated amount of the discharge was 239,400 gallons from the Neely Road site. City pump & haul personnel and Mike’s Septic Service captured 29 loads or 84,600 gallons of sewer and this amount was disposed of at the Waste Treatment Facility. The estimated volume reaching surface waters of Lambo Creek in the Lambs Creek Basin was approximately 154,800 gallons. The NC Division of Water Quality was notified of each occurrence and applicable press release, public notice and reports were submitted as required.

The City of Brevard remains committed to preserving and protecting our natural resources with capital projects and investment in infrastructure rehabilitation. Citizens are reminded that any discharge of storm water, surface water, ground water, roof runoff, and subsurface drainage connected to the city sewer system is a violation of the City Code of Ordinances. Customers uncertain of the soundness of their connection to the sewer system may call the City of Brevard Public Works Department at (828) 884-2171 Option 4 to confirm if they have a broken cleanout or improperly attached roof drain or sump pump. This notice was required by North Carolina General Statutes Article 21 Chapter 143.215.C.

This the 31st day of December, 2015.

Jim Fatland, City Manager

City of Brevard

95 W. Main Street

Brevard, NC 28712

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NOTICE OF

DISCHARGE OF UNTREATED SEWAGE

The City of Brevard experienced a discharge of untreated sewage from the sewer pump station located on Gallimore Road at 11:33 PM on Monday, December 28, 2015 as a result of rain attributed inflow. The event lasted for approximately 5.98 hours during which Collections System and Maintenance Division personnel monitored pump speed and pressures. The total estimated amount of discharge was 99,228 gallons reaching surface waters of Singing Branch in the Singing Branch Basin. The NC Division of Water Quality was notified of the occurrence and applicable public notice and reports were submitted as required.

The City of Brevard remains committed to preserving and protecting our natural resources with capital projects and investment in infrastructure rehabilitation. Citizens are reminded that any discharge of storm water, surface water, ground water, roof runoff, and subsurface drainage connected to the city sewer system is a violation of the City Code of Ordinances. Customers uncertain of the soundness of their connection to the sewer system may call the City of Brevard Public Works Department at (828) 884-2171 to confirm if they have a broken cleanout or improperly attached roof drain or sump pump. This notice was required by North Carolina General Statutes Article 21 Chapter 143.215.C.

This the 31st day of December, 2015.

Jim Fatland, City Manager

City of Brevard

95 W. Main Street

Brevard, NC 28712

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NOTICE OF

DISCHARGE OF UNTREATED SEWAGE

The City of Brevard experienced a discharge of untreated sewage from the sewer pump station located on Neely Road and occurred as a result of a force main pipe rupture on Old Highway 64. This discharge event occurred at approximately 9:15 AM on Tuesday, December 29, 2015 as lift station pumps were shut down in order for the pipe rupture repair to be completed. The discharge lasted for approximately 17.75 hours. Collections System and Maintenance Division personnel remained on duty and monitored pump speed and pressures during the event. The total estimated amount of discharge was 404,700 gallons from the Neely Road site. Pump & haul personnel and Mike’s Septic Service captured 39 loads or 118,100 gallons of sewer and this amount was disposed of at the Waste Treatment Facility. The estimated volume reaching surface waters of Lambo Creek Basin was approximately 286,600 gallons. The NC Division of Water Quality was notified of the occurrence and applicable public notice and reports were submitted as required.

The City of Brevard remains committed to preserving and protecting our natural resources with capital projects and investment in infrastructure rehabilitation. Citizens are reminded that any discharge of storm water, surface water, ground water, roof runoff, and subsurface drainage connected to the city sewer system is a violation of the City Code of Ordinances. Customers uncertain of the soundness of their connection to the sewer system may call the City of Brevard Public Works Department at (828) 884-2171 Option 4 to confirm if they have a broken cleanout or improperly attached roof drain or sump pump. This notice was required by North Carolina General Statutes Article 21 Chapter 143.215.C.

This the 31st of December, 2015.

Jim Fatland, City Manager

City of Brevard

95 W. Main Street

Brevard, NC 28712

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 15E318

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Administrator of the Estate of Birdean H. Fullbright of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Birdean H. Fullbright to present them to

the undersigned on or before March 14, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: December 14, 2015

Robert B. Fullbright

209 Tampa Circle

Arden, NC 28704

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