The Transylvania Times -

Legal Notices for March 26, 2018

 

March 26, 2018



PUBLIC NOTICE

The Individuals with Disabilities Education Act (IDEA-Part B, Public Law 108.446) Project is presently being amended. The Project describes the special education programs that Brevard Academy proposes for Federal funding for the 2018-2019 School Year. Interested persons are encouraged to review amendments to the Project and make comments concerning the implementation of special education under this Federal Program. All comments will be considered prior to submission of the amended Project to the North Carolina Department of Public Instruction in Raleigh, North Carolina. The IDEA-Part B Project is open to the public for review and comments during the week of April 30 through May 4, 2018, in the office of Ted Duncan located at 1110 Hendersonville Hwy, Pisgah Forest, NC 28768.

MT/3/26/2TC-68163

______________________________________________

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 18-E-89

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of George L. Neill of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of George L. Neill to present them to the undersigned on or before June 26, 2018, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 26th day of March, 2018.

Todd J. Webb,

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

M/3/26/4TC-68164

______________________________________________

17 SP 68

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 Joy O’Dell to Fidelity National Title Company, Trustee(s), which was dated May 30, 2012 and recorded on June 8, 2012 in Book DOC 615 at Page 317, 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 April 9, 2018 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Transylvania, STATE OF North Carolina, AND IS DESCRIBED AS FOLLOWS:

FIRST TRACT: BEGINNING ON A STAKE IN THE WEST MARGIN OF STATE HIGHWAY NO. 64, AND RUNS North 48 DEG. WEST 200 FEET TO A STAKE; THENCE SOUTH 42 DEG. WEST 100 FEET TO A STAKE ON COOLEDGE POWELL’S CORNER; THENCE WITH MS LINE North 48 DEG. WEST 200 FEET TO A STAKE IN SAID POWELL’S CORNER; THENCE North 42 DEG. EAST 91 FEET TO A STAKE; THENCE SOUTH 58 DEG. EAST 201 FEET TO A STAKE; THENCE SOUTH 53 DEG. EAST 201 FEET TO A STAKE IN THE WEST MARGIN OF HIGHWAY NO. 64; THENCE WITH THE MARGIN OF SAID HIGHWAY, SOUTH 42 DEG. WEST 30 FEET TO THE BEGINNING, AS SURVEYED BY T.D. GRIMSHAWE, C.E. ON MARCH 30TH, 1946, AND CONTAINING ONE ACRE MORE OR LESS. TOGETHER WITH THE RIGHT AND PRIVILEGE TO USE WATER FROM THE BRANCH ADJOINING THE ABOVE DESCRIBED PROPERTY.

SECOND TRACT: LYING AND BEING IN CATHEY’S CREEK TOWNSHIP ON THE NORTHWEST SIDE OF STATE HIGHWAY NO. 64. BEGINNING ON A STAKE IN THE MARGIN OF SAID HIGHWAY, AND RUNS North 48 DEG. WEST 200 FEET TO A STAKE; THENCE North 52 DEG. EAST 100 FEET TO A STAKE; THENCE SOUTH 48 DEG. EAST 200 FEET TO A STAKE IN THE MARGIN OF HIGHWAY NO. 64; THENCE WITH THE MARGIN OF SAID HIGHWAY, SOUTH 52 DEG. WEST 100 FEET TO THE BEGINNING. AND THE SAID PARTIES OF THE FIRST PART HEREBY GIVE AND GRANT UNTO SAID PARTY OF THE SECOND PART, HIS HEIRS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO USE WATER FROM A SPRING LOCATED UPON THE PROPERTY OF S.A. BRYSON AND WIFE, MARY BRYSON, WITH FULL RIGHT TO INGRESS AND EGRESS TO AND FROM SAID SPRING.

THIRD TRACT: BEGINNING AT A STAKE IN A BRANCH, NORTHEAST CORNER OF THE LANDS CONVEYED TO ACIE WALDROP AND IN THE LINE OF OTHER LANDS BELONGING TO ACIE WALDROP AND RUNS THENCE ALONG THE LINE OF THE LANDS CONVEYED TO ACIE WALDROP, SOUTH 39 DEG. WEST 557.2 TO A STAKE IN THE LINE OF THE LANDS THIS DAY CONVEYED TO FRED TINSLEY; THENCE ALONG THE TINSLEY LINE, SOUTH 86 DEG. 30’ EAST 296.8 FEET TO A STAKE; THENCE North 42 DEG. EAST 431 FEET TO A STAKE; THENCE SOUTH 48 DEG. EAST 180 FEET TO A STAKE; THENCE North 42 DEG. EAST 91 FEET TO A STOKE IN A BRANCH; THENCE UP AND WITH THE BRANCH A WESTERLY DIRECTION ABOUT North 68 DEG. WEST TO THE BEGINNING, CONTAINING 3.52 ACRES MORE OR LESS. BEING THE SAME PROPERTY CONVEYED TO WILLARD O’DELL AND WIFE, JOY O’DELL FROM E.W. WHITMIRE, JR. AND WIFE, VIOLET W. WHITMIRE, BY WAY OF DEED DATED MARCH 27,2008 AND RECORDED APRIL 2, 2008 IN INSTRUMENT 2008001958 IN THE LAND RECORDS OF Transylvania County OF North Carolina.

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

Said property is commonly known as 554 Catheys Creek Church Road, 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 All Lawful Heirs of Joy O’Dell.

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 .: 17-02217-FC01

M/3/26/2TC-68088

______________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-88

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Jacquelyn Richards of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Jacquelyn Richards to present them to the undersigned on or before June 19, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 19, 2018.

Sharon R. Pulliam

935 Glen Cannon Drive

Pisgah Forest, NC 28768

M/3/19/4TP-68113

______________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 18-SP-08

REVISED 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, Transylvania 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 17, 2018, at 2:00 o’clock P.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

By: Hannah L. Camenzind

Ramsey & Pratt, P.A.

35 North Gaston Street

Brevard, NC 28712

(828) 884-4113

M/3/26/2TC-68165

______________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-72

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Ollie Kelley Bryson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Ollie Kelley Bryson to present them to the undersigned on or before June 5, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 5, 2018.

Jerry Wayne Bryson

1455 Chalet Circle

Lawrenceville, GA 30043

M/3/5/4TP-68012

______________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-85

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Naomi H. Keogh of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Naomi H. Keogh to present them to the undersigned on or before June 19, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 19, 2018.

Allen T. Keogh

166 Millbrook Drive

Brevard, NC 28712

M/3/19/4TP-68089

______________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18E70

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Benton Elmer Carpenter Jr. of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Benton Elmer Carpenter Jr. to present them to the undersigned on or before June 5, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 5, 2018.

Benton Scott Carpenter

PO Box 92

Rosman, NC 28772

M/3/5/4TP-67995

______________________________________________

EXECUTOR’S NOTICE TO CREDITORS

Having qualified as Executrix of the estate of SHERRY ANN WICKER, deceased, late of Transylvania County, North Carolina, this is to notify all persons having claims against the said estate to present such claims to the undersigned at PO Box 2188, North Wilkesboro, NC 28659, on or before the 25th day of June, 2018, or this notice will be pleaded in bar of their recovery.

All persons indebted to the said estate will please make immediate payment.

This the 26th day of March, 2018.

PEGGY G. MIKEAL

Executrix

Law Offices of Robert G. Greene, Jr., PLLC

Robert G. Greene, Jr., Attorney for the Estate of SHERRY ANNE WICKER

PO Box 2188

North Wilkesboro, NC 28659

(336) 838-8800

M/3/26/4TP-68116

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