The Transylvania Times -

Legal Notices: July 16, 2018

 

July 16, 2018



STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18-E-219

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: July 2, 2018.

Michael G. Moniz

64 Whitt Lane

Brevard, NC 28712

M/7/2/4TP-69138

_______________________________________________________________________

Pisgah Center Self Storage

495 Hendersonville Hwy

Pisgah Forest, NC 28768

July 11th, 2018

Pisgah Center Self Storage will be conducting a sale of various items of personal property pursuant to the assertion of a lien for rental at the above address on Saturday, July 28, 2018 at 12:15 PM for the following:

Storage Space #95, Stacy Glisson

Contents: hangers, computer, printers, personal items

M/7/16/1TC-69229

_______________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18-E-220

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Hugh Alonzo Cathey, Jr. of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Hugh Alonzo Cathey, Jr. to present them to the undersigned on or before October 2, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 2, 2018.

Freida Cathey

58 Cheowa Path

Brevard, NC 28712

Attorney:

Brian P. Philips

PO Box 432

Brevard, NC 28712

M/7/2/4TP-69137

_______________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 18-E-212

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of C. Charlotte Davidson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of C. Charlotte Davidson to present them to the undersigned on or before September 25, 2018 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 25th day of June, 2018.

Barbara S. Fitzpatrick, Exec.

114 Waterford Court

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

M/6/25/4TC-69052

_______________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18-E-217

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: July 2, 2018.

Margaret L. Warren

179 Big Willow Road

Hendersonville, NC 28739

M/7/2/4TP-69139

_______________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18E200

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Helen Owen Frye of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Helen Owen Frye to present them to the undersigned on or before October 16, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 16, 2018.

James C. Frye III

31 Ocean Reef Drive, C101

Key Largo, FL 33037

Lorie Frye Phyfer

1824 King College Road

Bristol, TN 37620

Attorney:

Caroline T. Knox

16 Towne Place Drive, Suite 100

Hendersonville, NC 28792

M/7/16/4TP-69250

IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania COUNTY

18sp13

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JAMES DEAN ROBBINS AND S. VAN ROBBINS DATED NOVEMBER 28, 2006 AND RECORDED IN BOOK 382 AT PAGE 411 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 12:00PM on July 24, 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:

EXHIBIT “A” TO A DEED OF TRUST FROM JAMES DEAN ROBBINS AND WIFE, S. VAN ROBBINS, TO TRSTE, INC., TRUSTEE FOR WACHOVIA MORTGAGE CORPORATION, DATED NOVEMBER 28,2006

TRACT 1:

Being all of Lot 6 (Revised) of Toxaway Harbor Subdivision as shown on a plat thereof recorded in Plat File 11, Slide 977, Records of Plats for Transylvania County.

This conveyance is made subject to all easements and other matters shown on the recorded plat hereinabove referred to and to restrictive and protective covenants and easements appearing of record in the office of the Register of Deeds for Transylvania County in Document Book 11, page 149, as modified in Document Book 131, page 747, and to the Supplemental Declaration of Restriction and Protective Covenants for Toxaway Harbor recorded in Document Book 210, page 757, as amended in Document Book 232, page 422.

TRACT II:

Being all of Lot 7 (Revised) of Toxaway Harbor Subdivision as shown on a plat thereof recorded in Plat File 11, Slide 977, Records of Plats for Transylvania County.

This conveyance is made subject to all easements and other matters shown on the recorded plat hereinabove referred to and to restrictive and protective covenants and easements appearing of record in the office of the Register of Deeds for Transylvania County in Document Book 11, page 149, as modified in Document Book 131, page 747, and to the Supplemental Declaration of Restriction and Protective Covenants for Toxaway Harbor recorded in Document Book 210, page 757, as amended in Document Book 232, page 422.

This conveyance is also made subject to an easement for the purpose of installing, operating, maintaining and repairing a drain line, septic system and drain field as set out in a deed from Lake Toxaway Co. to Slade C. Young and Margaret L. Young, dated September 14, 1998, and recorded in Book 442, page 328, Records of Deeds for Transylvania County, and as shown on a plat thereof recorded in Plat File 7, Slide 871, and on the plat recorded in Plat File 11, Slide 977, hereinabove referred to. This conveyance is also made subject to a similar easement for the benefit of Lot 5BB of Toxaway Harbor Subdivision in the 0.14 acre portion of Lot 7 (Revised) which is immediately adjacent to West Club Boulevard as shown on the recorded plat hereinabove referred to and reserved in a deed recorded in the office of the Register of Deeds for Transylvania County in Document Book 382, page 332.

And Being more commonly known as: L7R West Club Blvd 4.94, Lake Toxaway, NC 28747

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are James Dean Robbins.

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 May 23, 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/

18-098095

M/7/9/2TC-68849

_______________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

Transylvania CO. FILE # 15CVS683

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION IN

Florida Community Bank C/O Parker Poe Adams & Bernstein LLP

THE COUNTY OF TRANSYLVANIA

PLAINTIFF

VS

John P. Konecnik

DEFENDANT

NOTICE OF

EXECUTION SALE OF REAL PROPERTY

UNDER AND BY THE VIRTUE OF AN EXECUTION ISSUED TO THE UNDERSIGNED SHERIFF OF Transylvania County ON THIS THE 7th DAY OF June, 2018, FROM THE CLERK OF SUPERIOR COURT OF Transylvania County. IN THE ABOVE ENTITLED ACTION I HAVE SEIZED AND TAKEN INTO MY CONTROL AND WILL ON THE 25TH DAY OF July, 2018, AT 10 A.M. OFFER FOR SALE AT A PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH ALL THE RIGHT, TITLE AND INTEREST THAT THE DEFENDANT(S) HAS OR AT ANY TIME FROM AND AFTER THE LEVY, HAD IN THE FOLLOWING DESCRIBED REAL PROPERTY.

LEGAL ADDRESS, 1051 Kim Miller Road

COUNTY TAX PIN: 8532-28-8891-000, 8532-38-2373-000, 8532-29-8369-000

PHYSICAL ADDRESS IS: 1051 Kim Miller Road Lake Toxaway NC, Off State Road 1304. Deed Book : 8532-28-8891-000 Deed Book 427 Page 423 , 8532-38-2373-000 Deed Book 427 Page 446, 8532-29-8369-000 Deed Book 427 Page 449 . John P. Konecnik’s Interest in listed Parcels.

THIS PROPERTY WILL BE SOLD TO SATISFY THE INDEBTEDNESS SET FORTH IN THE ABOVE ENTITLED EXECUTION AND IS SUBJECT TO ALL TAXES, LEINS, MORTGAGES AND ENCUMBRANCES.

THIS THE 21st DAY OF June, 2018,

BY: SGT. C.L. CLARK

DEPUTY SHERIFF

Transylvania

COUNTY

M/7/9/2TC-69073

_______________________________________________________________________

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF North CAROLINA

Transylvania COUNTY

In the Superior Court Division of the General Court of Justice.

CHAMPION CATTLE & TREE FARMS, a North Carolina Limited Partner-ship v. SPINDLETOP CAPITAL CORPORATION, an Administratively Dissolved Georgia Corporation et al., 18 CvS 339 (Transylvania).

To: UNKNOWN AND UNASCERTAINED BENEFICIARIES OF THE UNDISCLOSED TRUST DATED DECEMBER 15, 1986, KNOWN AS THE MURR CREEK LAND TRUST.

Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: This action concerns title to the 75.92-acre tract of real property [“the 75.92-Acre Tract”] more particularly described in the deed recorded in Deed Book 305 at Page 160, Transylvania County Registry, which description is specifically incorporated by reference herein. Specifically, Plaintiff, Champion Cattle & Tree Farms, seeks a judgment declaring and quieting its fee simple title to the 75.92-Acre Tract, free and clear of any encumbrances, rights, or interests claimed by any of the Defendants in the action, including but not limited to the Unknown and Unascertained Beneficiaries of the Undisclosed Trust Dated December 15, 1986, Known as the Murr Creek Land Trust.

You are required to make defense to such pleading not later than August 25, 2018, and upon your failure to do so, the party seeking service against you will apply to the court for the relief sought.

This, the 16th day of July, 2018.

Philip S. Anderson

Attorney for Champion Cattle & Tree Farms

P.O. Box 7216

Asheville, NC 28802

Telephone: 828-258-2296

M/7/16/3TC-69254

_______________________________________________________________________

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF North CAROLINA

Transylvania COUNTY

In the Superior Court Division of the General Court of Justice.

CHAMPION CATTLE & TREE FARMS, a North Carolina Limited Partner-ship v. SPINDLETOP CAPITAL CORPORATION, an Administratively Dissolved Georgia Corporation et al., 18 CvS 339 (Transylvania).

To: UNKNOWN AND UNASCERTAINED TRUSTEES OF THE UNDISCLOSED TRUST DATED DECEMBER 15, 1986, KNOWN AS THE MURR CREEK LAND TRUST.

Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: This action concerns title to the 75.92-acre tract of real property [“the 75.92-Acre Tract”] more particularly described in the deed recorded in Deed Book 305 at Page 160, Transylvania County Registry, which description is specifically incorporated by reference herein. Specifically, Plaintiff, Champion Cattle & Tree Farms, seeks a judgment declaring and quieting its fee simple title to the 75.92-Acre Tract, free and clear of any encumbrances, rights, or interests claimed by any of the Defendants in the action, including but not limited to the Unknown and Unascertained Trustees of the Undisclosed Trust Dated December 15, 1986, Known as the Murr Creek Land Trust.

You are required to make defense to such pleading not later than August 25, 2018, and upon your failure to do so, the party seeking service against you will apply to the court for the relief sought.

This, the 16th day of July, 2018.

Philip S. Anderson

Attorney for Champion Cattle & Tree Farms

P.O. Box 7216

Asheville, NC 28802

Telephone: 828-258-2296

M/7/16/3TC-69255

_______________________________________________________________________

STATE OF North CAROLINA

COUNTY OF HENDERSON

Having qualified as Executor of the Estate of Rose Lee Williams, Deceased, lately of the County of Transylvania, State of North Carolina, this is to notify all persons, firms and corporations having claims against the Estate of Rose Lee Williams to present them to the undersigned Executor representing the Estate.

All claims against said Estate should be presented on or before September 24, 2018, or this Notice will be pleaded in bar of recovery. Persons indebted to the Estate will please make immediate settlement to the Estate.

This the 25th day of June, 2018.

Raellyn C. Kovich

Executor of the Estate

c/o Coiner & Harrelson, P.A.

136 S. King Street, Suite F

Hendersonville, NC 28792

Coiner & Harrelson, P.A.

Edward L. Harrelson

Attorney for the Estate

136 S. King Street, Suite F

Hendersonville, NC 28792

(828) 698-2345

M/6/25/4TP-69053

_______________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 18-E-230

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Lucille H. Silvers of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Lucille H. Silvers to present them to the undersigned on or before October 16, 2018, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 16th day of July, 2018.

Sharon S. Forehand, 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/7/16/4TC-69228

 
 

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