The Transylvania Times -

Legal Notices for April 2, 2018

 

April 2, 2018



Public Notice

Certificate of Need

On 4/1/18 Certificate of Need review began for Brevard Dialysis Proj ID# B-11488-18 Add 2 dialy sta. Written comments are due to the Agency by 5/1/18. A public hearing will only be scheduled if requested in writing by 5/1/18 and sent to DHSR.CON.Comments@dhhs.nc.gov or 2704 Mail Service Ctr, Raleigh, NC 27699-2704.

M/4/2/1TC-68190

_________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-112

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Betty Davis Hensley of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Betty Davis Hensley to present them to the undersigned on or before July 3, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 2, 2018.

Traci Hensley Ballenger

85 Sawyer Lane

Horse Shoe, NC 28742

M/4/2/4TP-68223

_________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-111

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Joe LeVeigne Hensley of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Joe LeVeigne Hensley to present them to the undersigned on or before July 3, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 2, 2018.

Traci Hensley Ballenger

85 Sawyer Lane

Horse Shoe, NC 28742

M/4/2/4TP-68222

_________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO: 18-E-73

IN THE MATTER OF THE ESTATE OF VICTORIA I. LARKIN

EXECUTOR’S NOTICE

Having qualified as Administrator of the Estate of VICTORIA I. LARKIN of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of VICTORIA I. LARKIN to present them to the undersigned on or before July 2, 2018, or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

This the 2nd day of April, 2018.

Tony C. Dalton, Administrator

c/o Ashley B. Fortune, Esq.

542 South Caldwell Street

Brevard, NC 28712

M/4/2/4TC-68207

_________________________________________________________

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

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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 Tran-sylvania 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

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Notice of Public Hearing

City of Brevard

2018 Parks and Recreation Trust Fund Application

The Brevard City Council will hold a public hearing on Monday, April 16, 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:

The City of Brevard is seeking a grant from the North Carolina Parks and Recreation Trust Fund (PARTF) to acquire lands for the Tannery Park and Mary C. Jenkins Community Center projects. These acquisitions will aid in improving the overall design and functionally of the Tannery Park and Mary C. Jenkins Community Center.

The Tannery Park project is located off of Cashiers Valley Road and Silver-steen Drive and is approximately 25 acres in size. The Mary C. Jenkins Comm-unity Center is located at the intersection of Cashiers Valley Road and Mills Avenue and is approximately .8 acres in size.

The public is invited to attend this public hearing and make comment, either in favor of or in opposition to the application. The plans for the site 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 28th day of March, 2018.

Jill Murray

City Clerk

M/4/2/2TC-68209

_________________________________________________________

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 Tran-sylvania 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. 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 “Bene-ficiaries”) 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 Transyl-vania 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-109

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Sandra Bryson Lasater of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Sandra Bryson Lasater to present them to the undersigned on or before July 3, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 2, 2018.

Martha B. Mathis

PO Box 147

Rosman, NC 28772

M/4/2/4TP-68215

_________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-114

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Betty Rogers Nicholson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Betty Rogers Nicholson to present them to the undersigned on or before July 3, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 2, 2018.

Roger F. Nicholson

70 Beckaruth Lane

Pisgah Forest, NC 28768

M/4/2/4TP-68225

_________________________________________________________

NOTICE OF ADOPTION OF AN ORDINANCE TO EXTEND THE CORPORATE LIMITS

OF THE City of Brevard, North CAROLINA

Pursuant to North Carolina General Statutes, notice is hereby given that the Brevard City Council adopted Ordinance No. 2018-01 during its regular meeting on Monday, February 19, 2018. The ordinance annexes into the City property owned by Tore’s Properties, LLC., located at 280 Osborne Road, Brevard, Tax PIN #8596-26-6331-000 as recorded in Deed Book No. 836, Pages 133-135 in the Transylvania County Register of Deeds Office. The property is further described as follows:

Beginning at an iron pin on the east side of Old Highway 64 (SR No. 1504) at the intersection with Osborne Road (SR No. 1556), thence crossing Old Highway 64 and running with the center line of Osborne Road the following seven calls: North 56 degrees 51 minutes 39 seconds West, 154.47 feet; North 57 degrees 25 minutes 29 seconds West, 113.43 feet; North 59 degrees 34 minutes 11 seconds West, 63.53 feet; North 62 degrees 12 minutes 27 seconds West, 47.63 feet; North 67 degrees 00 minutes 21 seconds West, 34.62 feet; North 72 degrees 38 minutes 00 seconds West, 34.84 feet; North 79 degrees 52 minutes 09 seconds West, 16.60 feet to an iron pin in the center of Osborne Road; thence leaving Osborne Road South 25 degrees 27 minutes 33 seconds West, 440.94 feet with the line of Carolyn Osborne Howie to an iron pin near a Private Asphalt Driveway; thence along with but not parallel to the said driveway, South 72 degrees 08 minutes 21 seconds East, 331.02 feet, crossing Old Highway 64 to an iron pin on the east side of the said highway; thence with the east side of the said highway, North 43 degrees 37 minutes 49 seconds East 326.76 feet to an iron pin; thence continuing with the east side of the said highway North 45 degrees 43 minutes 34 seconds East, 91.24 feet, to the Point of Beginning. Being 4.025 acres, more or less, as platted by E. Roger Raxter, Drawing No. 17024B, dated November 9, 2017. The annexation plat being File _18_, Slide _73_, in the Transylvania County Registry.

This the 28th day of March, 2018.

Jill Murray

City Clerk

M/4/2/1TC-68208

_________________________________________________________

EXECUTOR’S NOTICE TO CREDITORS

Having qualified as Executrix of the estate of SHERRY ANN WICKER, deceased, late of Transyl-vania 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

_________________________________________________________

Notice of Public Hearing

Proposed Amendment to Official Zoning Map

Rezoning from GR to NMX

The Brevard City Council will hold a public hearing on Monday, April 16, 2018. 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, Brevard, NC to consider the following:

The purpose of the public hearing is to consider an ordinance amending the Official Zoning Map of the City of Brevard to rezone the below described property from General Residential – 4 (GR-4) to Neighborhood Mixed Use (NMX).

Mary H. Anne Clevenger 422 Glazener Road 8585-16-2371-000

Mary Lynn Mixon 565 Nicholson Creek Road 8585-16-2518-000

Nigel W. & Julia A. Whittaker 535 Nicholson Creek Road 8585-16-1667-000

Ronald B. Smith et al. 746 Rosman Highway 8585-06-6740-000

Roger Ted McCall et al. 16 Hunnicutt Lane 8585-06-3317-000

Barbara A. White et al. Rosman Highway 8585-06-6021-000

Helen Meece Forest Hill Circle 8585-16-5246-000

Martin Bawden Forest Hill Circle 8585-16-7327-000

The public is invited to attend this public hearing and comment upon the proposed Ordinance, which is on file in the Brevard Planning Department and available for public inspection during normal hours, Monday-Friday, 8:30 AM-5:00 PM. For additional information you may call the City Planning Department at (828) 885-5630.

This the 28th day of March, 2018

Jill Murray

City Clerk

M/4/2/2TC-68221

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