The Transylvania Times -

Legal Notices: July 26, 2018

 

July 26, 2018



17 SP 114

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 John R. Barber and Karen D. Barber to WFG National Title Insurance Company, Trustee(s), which was dated January 8, 2015 and recorded on January 8, 2015 in Book 714 at Page 80, 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 August 2, 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:

Being all of that certain tract of land containing 1.22 acres, more or less, as shown on a plat thereof recorded in Plat File 16, Slide 295, Records of Plats for Transylvania County.

Together with the right to take water from a spring now or formerly owned by Clyde H. Rhodes and wife, Gay F. Rhodes, on adjoining premises; together with the right of ingress, egress and regress over and along said adjoining property from said spring along the water line now servicing the property hereinabove described for the purpose of repairing the same. The Grantees agree to share the cost of maintaining the pump at said spring and the reservoir equally with all others entitled to the use thereof.

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

Said property is commonly known as 50 Illahee Point, 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 John R. Barber.

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 .: 17-16968-FC01

T/7/19/2TC-69251

________________________________________________________________________________

18 SP 12

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 Brian J. Laughter and Pamela C. Laughter to The Fidelity Company, Trustee(s), which was dated October 16, 2006 and recorded on November 7, 2006 in Book DOC 378 at Page 374, 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 August 2, 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:

TRACT I:

BEGINNING at a point that is the terminus of the second call of Deed Book 374, Page 75, Transylvania County Registry, thence South 55 degrees 48 minutes 44 seconds East 145.18 feet to a point; thence South 88 degrees 52 minutes 27 seconds West 193.43 feet to a point; thence North 40 degrees 38 minutes 50 seconds East 112.53 feet to the point and place of BEGINNING and containing 0.19 acres.

TRACT II:

BEGINNING at a point that is the Easternmost corner of Deed Book 261, Page 552, and the Beginning corner of Deed Book 374, Page 75, Transylvania County Registry, thence North 56 degrees 25 minutes 56 seconds East 220.03 feet to a point; thence South 55 degrees 48 minutes 44 seconds East 62.30 feet to a point; thence South 40 degrees 38 minutes 50 seconds West 308.38 feet to a point; thence North 12 degrees 59 minutes 25 seconds West 151.19 feet to the point and place of BEGINNING and containing 0.58 acres.

BEING that same property described in those deeds recorded in Deed Book 196 at Page 77 and Deed Book 196 at Page 80.

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

Said property is commonly known as 153 Ulysses Chappell 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 Brian J. Laughter and wife, Pamela C. Laughter.

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 .: 15-05870-FC03

T/7/19/2TC-69252

________________________________________________________________________________

STATE OF North CAROLINA

Transylvania COUNTY

File No. 18E-131

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION,

BEFORE THE CLERK

IN THE MATTER OF THE ESTATE OF JACK V. MCDONALD,

DECEASED.

NOTICE TO

CREDITORS

Having qualified as Personal Representative of the Estate of Jack V. McDonald (Estate File Number 18E-131) deceased, late of Transylvania County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the decedent and/or the estate of said decedent to exhibit them to the undersigned in care of Gilreath Shealy Law, PLLC, 224 6th Avenue East, Hendersonville, NC 28792, on or before October 31, 2018 or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said decedent and/or decedent’s estate will please make immediate payment to the undersigned.

Dated the 26th day of July, 2018.

Douglas Sparks,

Personal Representative

of the Estate of Jack V. McDonald

Evan M. Gilreath, Esq.

Attorney for Personal Representative

Gilreath Shealy Law, PLLC

224 6th Avenue East

Hendersonville, NC 28792

T/7/26/4TC-69330

________________________________________________________________________________

STATE OF North CAROLINA

Transylvania COUNTY

File No. 18E-236

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION,

BEFORE THE CLERK

IN THE MATTER OF THE ESTATE OF ALMA K. SPICER

DECEASED.

NOTICE TO

CREDITORS

Having qualified as Co-Executors of the Estate of Alma K. Spicer (Estate File Number 18E-236) deceased, late of Transylvania County, North Carolina, the undersigned do hereby notify all persons, firms and corporations having claims against the decedent and/or the estate of said decedent to exhibit them to the undersigned in care of Gilreath Shealy Law, PLLC, 224 6th Avenue East, Hendersonville, NC 28792, on or before October 31, 2018 or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said decedent and/or decedent’s estate will please make immediate payment to the undersigned.

Dated the 26th day of July, 2018.

Elaine Spicer Friebele and

Stephen Alvin Spicer,

Co-Executors of the Estate of Alma K. Spicer

Evan M. Gilreath, Esq.

Attorney for Co-Executors

Gilreath Shealy Law, PLLC

224 6th Avenue East

Hendersonville, NC 28792

T/7/26/4TC-69331

________________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18E238

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Fred Uebele of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Fred Uebele to present them to the undersigned on or before October 26, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 26, 2018.

John Conley

700 Crab Creek Road

Penrose, NC 28766

T/7/26/4TP-69322

________________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18-E-228

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Robert Leon Morrison of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Robert Leon Morrison to present them to the undersigned on or before October 12, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: July 12, 2018.

Donald Ray Tinsley

1134 Island Ford Road

Brevard, NC 28712

T/7/12/4TP-69220

________________________________________________________________________________

NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of SAMUEL C. FALVO, late of Hendersonville, Henderson County, North Carolina, the undersigned hereby notifies all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned or her attorney on or before the 19th day of October, 2018, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.

This the 17th day of July, 2018.

SHEILA M. ZAJICEK

Executrix of the Estate of

SAMUEL C. FALVO

EUGENE T. LINKOUS. JR.

Attorney At Law

210 Duncan Hill Road

Post Office Box 2807

Hendersonville, NC 28793-2807

T/7/19/4TC-69275

________________________________________________________________________________

NOTICE OF PUBLIC SALE

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

Name and Address of Lienor:

ShowTime Mini-Storage

16792 Rosman Highway

Lake Toxaway, NC 28747

Date of Sale: Saturday, August 11, 2018

Time of Sale: 10:00 A.M.

Place of Sale:

ShowTime Mini-Storage

16792 Rosman Highway

Lake Toxaway, NC 28747

The contents of following Storage space to satisfy liens: Galloway-C41, Taylor-A37

T/7/26/2TC-69345

________________________________________________________________________________

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that the Brevard Board of Adjustment will meet in the Council Chambers of the Municipal Building located at 95 W. Main St. in Brevard, North Carolina, on Tuesday, August 7, 2018 at 3:00 P.M. The following case will be considered:

SPECIAL USE APPLICATION of the City of Brevard Police Department, #SUP-18-001.

SUP Request – Phil Harris, Chief of Police, City of Brevard, Agent

Consideration of Application for Special Use Permit #SUP-18-001 by Phil Harris, Chief of Police, City of Brevard, to allow an outdoor firing range on property owned by the City of Brevard and located on Cathey’s Creek Road within the corporate limits of the City of Brevard, in a General Industrial (GI) zoning district and further identified by PIN# 8565-93-0873-000.

The submitted application and accompanying information regarding the above-described request is available for review within the City Planning Department, 95 West Main Street, Brevard, NC 28712.

If you have any questions, please feel free to contact the City of Brevard Planning and Zoning Department at 828-885-5630.

T/7/26/2TC_69329

________________________________________________________________________________

NOTICE

BOND ORDER AUTHORIZING THE ISSUANCE OF $68,000,000 GENERAL OBLIGATION SCHOOL BONDS

OF THE COUNTY OF Transylvania, North CAROLINA

WHEREAS, the Board of Commissioners of the County of Transylvania, North Carolina (the “Board of Commissioners”) has ascertained and hereby determines that it is necessary to pay the capital costs of constructing, improving, renovating and equipping school facilities, including improvements at Brevard High School, Rosman High School and Rosman Middle School, and acquiring land or rights–in– land required therefor; and

WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the General Obligation School Bonds hereinafter described as required by the Local Government Bond Act, and the Clerk to the Board of Commissioners has notified the Board of Commissioners that the application has been accepted for submission to the Local Government Commission.

NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of Transylvania, North Carolina, as follows:

Section 1. In order to raise the money required for the purposes described above, in addition to any funds which may be made available for such purpose from any other source, General Obligation School Bonds of the County are hereby authorized and shall be issued pursuant to the Local Government Finance Act of North Carolina. The maximum aggregate principal amount of such General Obligation School Bonds authorized by this order shall be $68,000,000.

Section 2. Taxes will be levied in an amount sufficient to pay the principal and interest on the General Obligation School Bonds.

Section 3. A sworn statement of the County’s debt has been filed with the Clerk to the Board of Commissioners and is open to public inspection.

Section 4. This bond order shall take effect when approved by the voters of the County at a referendum scheduled for November 6, 2018.

The foregoing order was adopted on the 23rd day of July, 2018, and is hereby published on the 26th day of July, 2018. Any action or proceeding questioning the validity of the order must be begun within 30 days after the date of publication of this notice. The finance officer of the County has filed a statement estimating that the total amount of interest that will be paid on the bonds over the expected term of the bonds, if issued, is $28,929,750. The estimate is preliminary, is for general informational purposes only, and may differ from the actual interest paid on the bonds.

By: Trisha Hogan

Clerk to the Board of Commissioners

County of Transylvania, North Carolina

T/7/26/1TC-69343

________________________________________________________________________________

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that the Brevard Board of Adjustment will meet in the Council Chambers of the Municipal Building located at 95 W. Main St. in Brevard, North Carolina, on Tuesday, August 7, 2018 at 3:00 P.M. The following case will be considered:

The purpose of this meeting is to discuss the Special Use Permit SUP-18-002 by Brevard Racquet Club for amendment of existing Special Exception Permit #00-22.

SUP Request – Brevard Racquet Club

Consideration of Special Use Permit Application #SUP-18-002 of Brevard Racquet Club to amend Special Exception Permit #00-22, to allow existing fabric building to be used as an athletic building on the property owned by Brevard Tennis & Athletic Club within the corporate limits of the City of Brevard, in a General Residential (GR) zoning district and further identified by PIN# 8585-31-5597-000.

The submitted application and accompanying information regarding the above-described request is available for review within the City Planning Department, 95 West Main Street, Brevard, NC 28712.

If you have any questions, please feel free to contact the City of Brevard Planning and Zoning Department at 828-885-5630.

T/7/26/2TC-69334

 
 

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