The Transylvania Times -

Legal Notices for March 22, 2018

 

March 22, 2018



Transylvania County Schools is seeking a qualified firm or individual to provide lawn care services for 9 schools and the Morris Education Center.

The initial contract will last from April 1, 2018 through March 31, 2019, with the expectation of at least a 3 year total commitment following satisfactory performance the first year.

Interested parties may contact :

Norris Barger

Director of Business Services

Transylvania County Schools

225 Rosenwald Ln

Brevard, NC 28712

884-6173

nbarger@tcsnc.org

T/3/22/1TC-68153

_____________________________________________

IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania COUNTY

17SP109

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ANGELYN B. DAVENPORT AND EDGAR DAVENPORT DATED AUGUST 17, 2009 AND RECORDED IN BOOK DOC 511 AT PAGE 230 IN THE Transylvania County PUBLIC REGISTRY, North CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 10:00AM on April 5, 2018 the following described real estate and any other improvements which may be situated thereon, in Transylvania County, North Carolina, and being more particularly described as follows:

Situated in the City of Brevard Township, Tran-sylvania County, North Carolina and more particularly described as follows:

Tract 1:

Beginning at a stake in the South margin of Cemetery Road (formerly Third Avenue) of the Mackey Estate Subdiv-ision, the Northeast corner of Lot No. 36 and runs thence along the Southern margin of Cemetery Road, South 88 deg. East 240 feet to a stake; thence, South 16 deg. 31 min. West 497 feet to a stake (post), Jacksie Wolfe’s corner; thence, along Jacksie Wolfe’s line, North 86 deg. West 106 feet to a stone (iron rod), the Southeast corner of Lot No. 36; thence, along the line of Lot No. 36, North 1 deg. East 473 feet to the beginning.

Being all of that certain piece, parcel or lot of land, situate, lying and being in Brevard Township, Tran-sylvania County, North Carolina, and more particularly described according to a Plat thereof prepared by T. N. Davis, Registered Land Surveyor, on January 28, 1947.

Being the same parcel conveyed to Angelyn B. Davenport and Edgar Davenport from Clarence D. Burns, Executor of the Estate of Corine S. Burns, and Clarence D. Burns and Barbara C. Burns and Charles H. Stepp and Angelyn B. Davenport and Edgar Davenport, Heirs of Corine S. Burns (94-E-180), by virtue of a Deed dated 2/3/1995, recorded 2/9/1995, in Deed Book 384, Page 633, County of Transylvania, State of North Carolina.

And Being more commonly known as: 244 Cemetery Rd, Pisgah Forest, NC 28768

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Angelyn B. Davenport.

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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.

SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is March 15, 2018.

Grady I. Ingle or Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

16-087790

T/3/22/2TC-68114

_____________________________________________

NOTICE OF PRIMARY ELECTION

Transylvania COUNTY, North CAROLINA

Notice is hereby given pursuant to GS 163-33(8) that a primary election will be held on Tuesday, May 8, 2018 in Transylvania County, North Carolina to vote on the candidates for the offices of: US House of Representatives District 11 for the Democrat ballot. US House of Representatives District 11, District Attorney District 42, Board of County Commissioners, and Clerk of Superior Court for the Republican ballot.

Polls will be open from 6:30 a.m. to 7:30 p.m. on the day of the election, Tuesday, May 8. One-stop early voting will be held at the Election Center conference room, 150 South Gaston Street, Brevard. One-stop early voting will be open from Thursday, April 19 until 1:00 p.m. Saturday, May 5. The site will be open weekdays from 9:00 a.m. to 6:00 p.m. and Saturdays from 9:00 a.m. to 1:00 p.m.. Canvass will be held in the Election Center at 11:00 a.m. on Friday, May 18.

Absentee voting by mail is available. Requests for an absentee ballot must be made on an absentee request form (available on the State Board of Elections website, on the Transylvania County Board of Elections website, at the Election Center office and where one-stop voting is offered), and must be received in the Election Center office or any one-stop early voting site by 5:00 p.m. on Tuesday, May 1. Absentee voting requires the voter to complete an application on the return envelope that must be witnessed by two qualified persons or a notary public. Completed absentee ballots must be returned to the Election Center by 5:00 p.m. on Election Day (ballots received by mail after this time will be timely if received within three business days and postmarked by Election Day). Voters may receive assistance voting a mail-in absentee ballot from a qualified person of their choice. If the voter lives in a facility such as a nursing home, and the voter’s near relative or legal guardian is not available, the voter or the facility can arrange to have the county board of elections schedule a visit by a Multipartisan Assistance Team to provide assistance and serve as witnesses.

All residents of Transylvania County who have resided in the county for at least 30 days prior to Election Day and are registered to vote with the Democrat, Republican or Unaffiliated party in Transylvania County may vote in this election. Persons who are not already registered to vote in the county must register by Friday, April 13 to be eligible to vote in this election. Voters who are not registered in the county by that deadline may register and vote during one-stop early voting only, and will be required to provide documentation of their identity and residence. Voters who wish to change party affiliation or who have changed name or address must do so by the registration deadline. Voters who fail to timely make a change in name or address in the county must update the information when presenting to vote, and may be required to vote a provisional ballot.

Voters voting in person are entitled to assistance by an election official, or, if assistance is needed due to disability or illiteracy, by a qualified person of their choice. Voting sites are accessible to all voters. Curbside voting is available for voters who are not able to enter voting sites.

Persons with questions about registration, polling places, early voting, absentee ballots, a Multipartisan Assistance Team visit to a facility, or other election matters may call the Transylvania County Board of Elections Office at 828-884-3114 or visit the website at http://www.transylvaniaelections.org.

David P. Morrow, Chairman

Transylvania County Board of Elections

T/3/22/4TC-68141

_____________________________________________

NOTICE OF PUBLIC SALE

PURSUANT TO North Carolina G.S. 44A-43

1) Name and Address of Lienor:

ShowTime Mini-Storage

16792 Rosman Highway

Lake Toxaway, NC 28747

2) Date of Sale: Saturday,

March 31, 2018

3)Time of Sale:

10.00 A.M.

4) Place of Sale:

ShowTime Mini-Storage

16792 Rosman Highway

Lake Toxaway, NC 28747

5) The contents of following storage space to satisfy liens:

C42 (McCrae)

T/3/15/2TC-68085

_____________________________________________

NORTH CAROLINA

Transylvania COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 18 E 87

IN THE MATTER OF THE ESTATE OF HOWARD K. REESE, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Limited Personal Repre-sentative of the Estate of Howard K. Reese, deceas-ed, late of Transylvania 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 June 22, 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 22nd day of March,2018.

Genis Sue Reese, Executor

Estate of Howard K. Reese

Erica M. Erickson, Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

T/3/22/4TC-68143

_____________________________________________

STATE OF North Carolina,

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF Transylvania

BEFORE THE CLERK

FILE NO. 18-SP-08

NOTICE OF SALE

IN THE MATTER OF: Foreclosure by Michael K. Pratt, Trustee of a Deed of Trust executed by Clifford Singleton, dated August 7, 2012, and recorded in Document Book 622, page 476 in the Office of the Register of Deeds for Transylvania County, North Carolina

Notice is hereby given that under and by virtue of the power of sale contained in the deed of trust executed August 10, 2012, by Clifford Singleton, to Michael K. Pratt, Trustee (the “Trustee”) for Harry Levy and Florence Levy as Co-Trustees of the Levy Family Revocable Trust dated July 7, 2008, Thomas Marsalona, as Trustee of the Thomas Marsalona Revocable Trust dated April 16, 2009 and Angelina Marsalona, as Trustee of the Angelina Marsalona Revocable Trust dated April 16, 2009, (the “Beneficiaries”) in the original amount of Four Hundred Thousand and 00/100 Dollars ($400,000.00), recorded in the Office of the Register of Deeds for Transylvania County, North Carolina, in Document Book 622, page 476, default having been made in the payment of the indebtedness secured by said deed of trust, the Beneficiaries, having made demand for sale and a proper hearing having been held before the Clerk of Superior court on the 14th day of March 2018, and the Clerk having found that the Trustee may proceed under the instrument, the undersigned Trustee will offer for sale at public auction the property located in Hogback Township, Tran-sylvania County, North Carolina, and more particularly described in said deed of trust as follows:

Being all of Lot No. 3-C as shown on a plat prepared by E. Roger Raxter, dated May 4, 2003, and recorded in Plat File 10, Slide 170, Records of Plats for Transylvania County.

Along with a forty foot right of way to U.S. Highway 64 as shown on said plat, and the right to use the existing common gravel parking area as shown on said plat, along with others of like right.

Subject to the pro rata responsibility to maintain the common gravel parking area and that portion of the forty foot right of way used by Grantees, along with others who have the right to use such common gravel parking area and forty foot right of way.

Being all of the property described in a deed from Thomas Marsalona, as Trustee of the Thomas Marsalona Revocable Trust u/a/d April 16, 2009; and Angelina Marsalona, as Trustee of the Angelina Marsalona Revocable Trust u/a/d April 16, 2009, to Clifford Singleton, dated April 23, 2012, and recorded in Document Book 622, page 462, of the Transylvania County Registry and in a deed from Harry Levy and Florence Levy, as Co-Trustees of the Levy Family Revocable Trust u/a/d July 7, 2008, to Clifford Singleton, dated April 23, 2012, and recorded in Document Book 622, page 469, of the Transylvania County Registry.

Said public auction will be held on April 5, 2018, at 10:00 o’clock A.M. at the Courthouse door of the Transylvania County Courthouse in Brevard, North Carolina.

The record owner of the property, as reflected on the records of the Register of Deeds for Transylvania County not more than 10 days prior to posting this Notice of Sale is Clifford Singleton.

Said property is to be sold for cash subject to unpaid taxes, all prior liens, restrictions and easements of record and assessments, if any. The Trustee reserves the right to require of the last and highest bidder a cash deposit of five percent (5%) of the amount of the highest bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater.

This the 22nd day of March, 2018.

Michael K. Pratt, Trustee

Ramsey & Pratt, P.A.

35 North Gaston Street

Brevard, NC 28712

(828) 884-4113

T/3/22/2TC-68142

_____________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-61

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Lolan M. Eubanks of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Lolan M. Eubanks to present them to the undersigned on or before June 1, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 1, 2018.

Cathy E. Kitchen

2631 Tanasee Gap Road

Balsam Grove, NC 28708

Coleen E. Galloway

2913 Diamond Creek Road

Lake Toxaway, NC 28747

T/3/1/4TP-67944

_____________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-75

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of John S. Ebaugh, Jr. of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of John S. Ebaugh, Jr. to present them to the undersigned on or before June 8, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 8, 2018.

Attorney: Brian P. Philips

Beth Renae Bolin

2513 Alleghany Loop

Virginia Beach , VA 23456

T/3/8/4TP-68027

_____________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-97

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executors of the Estate of Hale Siniard, Jr. of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Hale Siniard, Jr. to present them to the undersigned on or before June 22, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 22, 2018.

Linda S. Nelson

64 Blue Bird Ln.

Brevard, NC 28712

David Siniard

302 Heath Rd.

Penrose, NC 28766

Claudia S. Bradley

1627 Little River Campground Rd.

Pisgah Forest, NC 28768

T/3/22/4TP-68138

_____________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-81

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Melba Earlene Palmer McBride of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Melba Earlene Palmer McBride to present them to the undersigned on or before June 22, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 22, 2018.

Gloria Dawn McBride

439 Kings Creek Rd.

Brevard, NC 28712

T/3/22/4TP-68154

_____________________________________________

Transylvania County Schools is requesting statements of qualifications to provide surveying services for additions and renovations to Brevard High School and Rosman High and Middle Schools.

For more information and a copy of the Request for Qualifications please contact Norris Barger, Director of Business Services, Transylvania County Schools, at 828-884-6173 or nbarger@tcsnc.org by 3:00 p.m. Monday March 26, 2018.

T/3/22/1TC-68148

_____________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18E95

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Co-Administrators of the Estate of James Michael Furgerson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of James Michael Furgerson to present them to the undersigned on or before June 22, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 22, 2018.

Sandra Kaye Furgerson

5221 Whitewater Road

Sapphire, NC 28774

William Dan Furgerson

5221 Whitewater Road

Sapphire, NC 28774

T/3/22/4TP-68132

_____________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-161

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Ann Frances Talley of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Ann Frances Talley to present them to the undersigned on or before June 1, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 1, 2018.

Abner Alvin Talley

407 West Eutaw Street

Saluda, SC 29138

T/3/1/4TP-67912

_____________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 18-E-67

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Nancy J. Trescot of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Nancy J. Trescot to present them to the undersigned on or before June 1st, 2018 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 1st day of March, 2018.

John B. Trescot, Exec.

1416 Valley Rd.

Lancaster, PA 17603

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

T/3/1/4TC-67960

_____________________________________________

 
 

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