The Transylvania Times -

Legal Notices for February 12, 2018

 

February 12, 2018



STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18 E 54

ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Robert Lee Caldwell of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Robert Lee Caldwell to present them to the undersigned on or before May 14, 2018 or the claim will be forever barred thereafter. All persons indebted to the said estate, please make immediate payment.

This 12th day of February, 2018.

Judith A. Caldwell, Administrator

107 Tsula Court

Brevard, NC 28712

Attorney:

Margaret M. Hunt

P O Box 1175

Brevard, NC 28712

M/2/12/4TC-67763

___________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

CREDITORS’ NOTICE

Having qualified as Executrix of the Estate of Patricia Mary Dowling, deceased, of the County of Transylvania, State of North Carolina, this is to notify all persons, firms and corporations having claims against said estate to present them to the undersigned or to her attorneys on or before the 6th day of May, 2018, or this notice will be pleaded in bar of recovery. All persons, firms and corporations indebted to said estate will make settlement at once to the undersigned or to her attorney.

Jean Moncrief, Executrix

Estate of Patricia Mary Dowling

240 Third Avenue West

Hendersonville, NC 28739

Sharon B. Alexander

Prince, Youngblood & Massagee, PLLC

Attorneys

240 Third Avenue West

Hendersonville, N.C. 28739

M/2/5/4TC-67683

___________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

12 CVS 434

AMENDED NOTICE OF JUDICIAL FORECLOSURE SALE

Deutsche Bank National Trust Company as Trustee for GSAMP 2002-HE2, Mortgage Pass Through Certificates, Series 2002-HE2, Plaintiff,

vs.

William Hemphill; United States Department of Treasury - Internal Revenue Service; Brevard Concrete Materials, LLC; Kingsway Ready Mix, Inc .; Patrick Cooper, Defendant(s).

NOTICE IS HEREBY GIVEN that the undersigned, by virtue of the power and authority contained in that certain Order/Judgment entered in the above-captioned case on July 31, 2014 (“Order”), whereby the undersigned Jeremy B. Wilkins, has been appointed as Commissioner in said judgment to sell the property commonly known as 904 Hudlin Gap Road, Pisgah Forest, NC 28768 (“Property”). Said Property is secured by the Deed of Trust executed by William Hemphill and Edna Kay Hemphill, dated December 4, 1997 and recorded on December 8, 1997 in Book 270 at Page 605 and rerecorded/modified/corrected on February 4, 1998 in Book 273, Page 310 and rerecorded/modified/corrected on December 1, 2014 in Book 710, Page 349 of the Transylvania County, North Carolina Registry, together with improvements located thereon, towards satisfaction of the debt due by William Hemphill and Edna Kay Hemphill, and secured by the lien against such property in favor of Deutsche Bank National Trust Company as Trustee for GSAMP 2002-HE2, Mortgage Pass Through Certificates, Series 2002-HE2.

The undersigned Comm-issioner, will offer for sale to the highest bidder at a public auction 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 February 26, 2018 at 10:00AM the following described real property (including all improvements thereon) located in Transylvania County, North Carolina and described as follows:

TRACT 1: BEGINNING at a stake in the center of a driveway, which stake stands 55 deg. 45 min. East 43 feet, more or less, from a point in the center of the roadway dividing the Hunter and Owen Property (which point is South 13 deg. 19 min. West 182 feet from a poplar on the South side of Hudlin Gap Road, (State Road 1510) and runs thence, with the center of said driveway, three (3) calls as follows: North 67 deg. 45 min. East 107.74 feet; North 79 deg. 59 min. East 125.39 feet; and North 45 deg. 41 min. East 57.74 feet; thence, leaving said driveway, South 51 deg. 19 min. East 42.05 feet to an iron pin; thence North 14 deg. East 136.15 feet; thence South 39 deg. 45 min. East 144.40 feet to a 30 inch maple; thence, with the center of a branch, South 1 deg. 55 min. West 163 feet to an 8 inch maple on the West bank of said creek; thence South 71 deg. 40 min. West 191 feet to a double poplar; thence South 88 deg. 25 min. West 72 feet to a sourwood; thence North 55 deg. 45 min. West 270 feet to the point of BEGINNING, as surveyed and platted by P. R. Raxter, RLS, on January 26, 1972.

AND BEING all of that same property described in Book 222, at Page 459, Transylvania County North Carolina Public Registry, reference to said deed is hereby made for a more particular description of said property.

TRACT 2: BEGINNING at a point in the center of Capps Road, said point also being the northeast corner of property heretofore conveyed by the Grantors herein to Leonard Wynn, et al., thence running with the center of Capps Road, North 36 deg. 15 min. 15 sec. West 12.00 feet; thence, with the line of Elliott, North 24 deg. 54 min. East 155.63 feet; thence, South 41 deg. 00 min. East 11.51 feet; thence, South 24 deg. 54 min. West and total distance of 156.72 feet, passing an iron pin at 38.42 feet, to the point of BEGINNING, Containing .03 acre, more or less, as surveyed and platted by P. R. Raxter, RLS, January 11, 1983.

AND BEING all of that same property described in Book 257, at Page 538, Transylvania County North Carolina Public Registry, reference to said deed is hereby made for a more particular description of said property.

The above described property will be sold, transferred and conveyed “AS IS, WHERE IS” subject to liens or encumbrances of record which are superior to such Deed of Trust, together with all unpaid taxes and assessments and any recorded releases. Neither the Commissioner nor the holder of the debt secured by such Deed of Trust, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Commissioner or the holder of the debt 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 conditions expressly are disclaimed. The undersigned Commissioner shall convey title to the property by non-warranty deed, without any covenants or warranties, express or implied.

An Order for possession of the property may be issued pursuant to G.S. 1-339.29 (c) in favor of the purchaser and against the party or parties in possession by the judge or 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.

To the best of the knowledge and belief of the undersigned, the current record owners of the property as reflected on the records of the Transylvania County Register of Deeds’ office not more than ten (10) days prior to the date hereof are William Hemphill and wife, Edna Kay Hemphill.

A cash deposit of five percent (5%) of the purchasing price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price of bid in cash or certified check at the time the Commissioner tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price of bid at that time, he shall remain liable on his bid as provided for under North Carolina law.

The sale will be reported to the court and will remain open for advance or upset bids for a period of ten (10) days as required by law. If the Commissioner 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 commissioner. If the validity of the sale is challenged by any party, the Commissioner, 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.

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, EXCEPT IN THE INSTANCE OF BANKRUPTCY PROTECTION. IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.

Jeremy B. Wilkins, Commissioner

5431 Oleander Drive,

Suite 200

Wilmington, NC 28403

(910) 202-2800 Phone

(888) 207-9353 Facsimile

M/2/12/2TC-67689

___________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18 E 25

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of Marjorie I. Mullen of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Marjorie I. Mullen to present them to the undersigned on or before April 30, 2018 or the claim will be forever barred thereafter. All persons indebted to the said estate, please make immediate payment.

This 29th day of January, 2018.

Leslie William Lindeman

574 Villa Zanita

Altadena, CA 91001

Attorney:

Margaret M. Hunt

P O Box 1175

Brevard, NC 28712

M/1/29/4TC-67644

___________________________________________

NOTICE OF DISCHARGE OF UNTREATED SEWAGE

The City of Brevard experienced a discharge of untreated sewage from the sewer lift station located at 273 Gallimore Road, and occurred as a result of rain attributed inflow in the Brevard area. This discharge event began on Wednesday, February 7, 2018 at 10:00 AM and lasted for approximately 2.75 hours. Collections System and Maintenance Division personnel remained on duty and monitored pump speed and pressures during the event. The pump and haul team were able to capture seven (7) loads of sewer totaling 17,500 gallons from the discharge manhole; and this amount was disposed of at the Waste Treatment Facility on Wilson Road. The total estimated amount of discharge reaching the surface waters of Singing Branch in the Jumping Branch Basin was 28,106 gallons.

Citizens are reminded that any discharge of storm water, surface water, ground water, roof run off, 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 8th day of February, 2018.

Jim Fatland, City Manager

City of Brevard

95 W. Main Street

Brevard, NC 28712

M/2/12/1TC-67764

___________________________________________

PUBLIC NOTICE

To all persons claiming an interest in: 1992-18’-GLASSTREAM-CGMFS062D292-1992-115HP-SUZUKI-DT115-11502709429

WALLACE HUGHES will apply to SCDNR for title on watercraft/outboard motor. If you have any claim to the watercraft/outboard motor, contact SCDNR at (803) 734-3858. Upon thirty days after the date of the last advertisement if no claim of interest is made and the watercraft/outboard motor has not been reported stolen, SCDNR shall issue clear title.

Case No. 20171017950825

TM/2/8/3TC-67704

___________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-17

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Robert Lee Gillespie of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Robert Lee Gillespie to present them to the undersigned on or before April 23, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 22, 2018.

Elizabeth Leonard McKay

1434 Big Leaf Loop

Apex, NC 27502

M/1/22/4TP-67608

___________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-31

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Fred J. Fendley of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Fred J. Fendley to present them to the undersigned on or before April 30, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 29, 2018.

Sherry F. Waldrop

14 S. Wildwood Lane

Fletcher, NC 28732

M/1/29/4TP-67643

___________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-40

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of James Edward Austin of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of James Edward Austin to present them to the undersigned on or before May 7, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 5, 2018.

Debra A. Cooper

409 Mountain View Drive

Pisgah Forest, NC 28768

M/2/5/4TP-67676

___________________________________________

Notice of Public Hearing

City of Brevard

Proposed Amendments to Unified Development Ordinance

Chapters 2, 7, 10, and 16; District Provisions, Open Space, Parking, and Administration,

respectively

The Brevard City Council will hold a public hearing on Monday, February 19, 2018. 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 Brevard City Code, Unified Development Ordinance, Chapters 2, 7, 10, and 16; District Provisions, Open Space, Parking, and Administration, respectively. Proposed is amend the density and dimensional requirements by increasing allowable residential densities, exemptions in open space requirements, adjustment to parking ratios, and conditional zoning changes.

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 31st day of January, 2018.

Jill Murray,

City Clerk

M/2/5/2TC-67685

___________________________________________

 
 

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