The Transylvania Times -

Legal Notices for December 21, 2017

 

December 21, 2017



NOTICE OF FORECLOSURE SALE

17 SP 96

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Shay S. Adelman, Hallie Marie Adelman, Kirk Budd, Jennifer Budd (PRESENT RECORD OWNER(S): Kirk Budd) to David C. Neumann, Atty, Trustee(s), dated the 29th day of September, 2005, and recorded in Book DOC 310, Page 818, in Transyl-vania County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Transylvania County, North Carolina and the holder of the note evidencing said 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, Transyl-vania County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on January 3, 2018 and will sell to the highest bidder for cash the following real estate situated in the County of Transylvania, North Carolina, and being more particularly described as follows:

BEGINNING at a point in the center of a road, said point standing South 00 deg. 33 min. East 727.72 feet from the southwest corner of a 3.57 acre tract of land described in a deed from John W. Terjesen and wife, Ethel Mae Terjesen, to Thomas Henry Terjesen, dated June 19, 1978, and recorded in Book 230, Page 445, Records of Deeds from Transylvania County, and runs thence from said point of beginning and leaving the center of said road, North 45 deg. 34 min. West 25.55 feet to an iron pin; thence North 45 deg. 34 min. West 140.45 feet to a stake; thence North 56 deg. 37 min. West 67.47 feet to a stake; thence North 31 deg. 28 min. West 62.75 feet to a stake; thence North 56 deg. 36 min. West 135.75 feet to a stake; thence South 81 deg. 59 min. West 98.71 feet to a stake; thence North 70 deg. 48 min. West 72.72 feet to a stake; thence South 76 deg. 32 min. West 79.94 feet to a stake in the center of a branch; thence along the center of said branch the following seven (7) calls; South 00 deg. 37 min. East 9.51 feet to a stake; South 31 deg. 03 min. West 39.11 feet to a stake; South 12 deg. 45 min. East 18.00 feet to a stake; South 60 deg. 27 min. East 89.95 feet to a stake; South 21 deg. 24 min. East 63.74 feet to a stake; South 08 deg. 23 min. East 63.89 feet to a stake; South 00 deg. 18 min. East 38.45 feet to a stake; thence leaving said branch, South 73 deg. 37 min. East 94.73 feet to a stake; thence South 64 deg. 03 min. East 77.05 feet to a stake; thence South 75 deg. 33 min. East 179.50 feet to a stake; thence South 71 deg. 07 min. East 58.05 feet to a stake; thence North 69 deg. 29 min. East 79.12 feet to an iron pin; thence North 69 deg. 29 min. East 23.46 feet to a point in the center of a road; thence along the center of said road the following two (2) calls: North 15 deg. 54 min. West 45.76 feet and North 01 deg. 36 min. West 38.03 feet to the BEGINNING. Containing 3.03 acres, more or less. As surveyed and platted by P.R. Raxter, RLS, on May 10, 1978. Together with improvements located thereon; said property being located at 840 Thissa Way Drive, Brevard, North Carolina. This conveyance is made subject to the following restrictions: 1. The property may be used for residential purposes only. 2. No cats shall be kept on said property at any time, however, dogs may be kept on said property so long as they are either leashed or enclosed at all times. This conveyance is also made subject to the rights-of-way of all roads which may presently traverse the property, to all road rights-of-way of which may presently appear of record, to the rights-of-way of all utilities lines which may presently traverse the property and to all rights-of-way for public utilities which may presently appear of record. Being all of the same land described in a deed from John W. Terjesen and wife, Ethel Mae Terjesen, to Dee Ann Allen (Unmarried), dated September 16, 1982, and recorded in Book 256, Page 32, Records of Deeds for Transylvania County, North Carolina. There is also conveyed hereby and herewith a right-of-way to East Fork Road over and along the presently existing road, as the same is now located, which extends from the lands hereinabove described across other lands retained by the Terjesens in the deed recorded in Book 256, Page 32, hereinabove referred to, said right-of-way to be for travel of all kinds, on foot and with all other 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, but subject, however, to the obligation to pay a prorate share of the annual cost of repairing and maintaining the same in common with the other property owners served by said road. The covenants of title hereinafter set forth shall not be applicable to John W. Terjesen and wife, Ethel Mae Terjesen, who join in this conveyance for the sole purpose of waiving the option to purchase the land hereinabove described which was reserved by them in the deed recorded in Book 256, Page 32, hereinabove referred to, and giving their consent to the conveyance of the land hereinabove described by Dee Ann Allen to the Grantee.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employ-ees, agents or authorized representative of either the Trustee or the holder of the note 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 condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, 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.

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.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

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 the notice of foreclosure 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 not more than 90 days, after the sale date contained in this 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.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm

P.O. Box 1028

4317 Ramsey Street

Fayetteville,

North Carolina 28311

Phone No: (910) 864-3068

https://sales.hutchenslawfirm.com

Case No: 1226550 (FC.FAY)

T/12/21/2TC-67352

_________________________________________

STATE OF North CAROLINA

Transylvania County SUPERIOR COURT

File No. 17-E-259

NOTICE TO CREDITORS

I have qualified as Executor of the Estate of John P. Brown, Jr., Deceased, of Transylvania County, North Carolina. All persons, firms, and corporations having claims against the Estate must present them to me on or before March 14, 2018 or this Notice will be pleaded in bar of recovery. Those indebted to the Estate should make immediate payment to the Executor.

Dated: December 14, 2017

Margaret Brown Crow

104 Wilderness Drive

Laurens, SC 29360

Donald E. Jordan

4 West Main Street, Suite 5

Brevard, NC 28712

(828) 862-8735

Attorney for the Executor

T/12/14/4TC-67369

_________________________________________

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 17-E-315

North CAROLINA

Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF GERALD S. JANOWITZ

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Limited Personal Repre-sentative of the Estate of Gerald S. Janowitz, deceased, late of Transyl-vania County, North Carolina, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before March 7, 2018, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 7th day of December, 2017.

Barbara S. Janowitz, Limited Personal Representative

Estate of

Gerald S. Janowitz

c/o Patrick D. Newton, Attorney at Law

Patrick D. Newton, P.C.

PO Box 1089

Pisgah Forest, NC 28768

(828) 384-3700

T/12/7/4TC-67314

_________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 17-E-390

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Pia Maria Kalteis of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Pia Maria Kalteis to present them to the undersigned on or before March 21, 2018, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 21st day of December, 2017.

Gayle E. Ramsey,

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

T/12/21/4TC-67415

_________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-378

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Jean Ann Reinhold of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Jean Ann Reinhold to present them to the undersigned on or before March 14, 2018 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 14th day of December, 2017.

Robert V. Reinhold, Exec.

815 Utsonati Lane

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

#13630

T/12/14/4TC-67357

_________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-130

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Joyce Marie Reese of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Joyce Marie Reese to present them to the undersigned on or before March 2, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 30, 2017.

Melissa Ann Landrum

54 Hillside Heights

Brevard, NC 28712

T/11/30/4TP-67238

_________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-294

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Robert I. Wilkerson, Jr. of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Robert I. Wilkerson, Jr. to present them to the undersigned on or before March 2, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 30, 2017.

Mary W. Arnaudin

262 Joree Lane

Brevard, NC 28712

Robert I. Wilkerson, III

1407 Center Dr.

Vidalia, GA 30474

T/11/30/4TC-67251

_________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E387

EXECUTOR’S ­– ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Jimmy Lee Crowe of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Jimmy Lee Crowe to present them to the undersigned on or before March 21, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: December 21, 2017.

Robert Craig Crowe

28 Passmore Lane

Brevard, NC 28712

T/12/21/4TP-67430

_________________________________________

 
 

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