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Legal Notices: Nov. 29, 2018

 

November 29, 2018



STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18E273

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of James Rodney Hammer-smith of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of James Rodney Hammersmith to present them to the undersigned on or before February 22, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 22, 2018.

Carolyn S. Hammersmith

153 Spring Cove Drive

Brevard, NC 28712

T/11/22/4TP-70302

________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 17E289

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of James E. Holpp of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of James E. Holpp to present them to the undersigned on or before February 8, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 8, 2018.

James L. Holpp

45 Iya Court

Brevard, NC 28712

T/11/8/4TP-70197

_________________________________________________________________

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 REGIS-TRY, 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 December 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:

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 September 11, 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

T/11/22/2TC-69672

_________________________________________________________________

IN THE GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania COUNTY

18SP64

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ERIC F STROTHER DATED MAY 7, 2004 AND RECORDED IN BOOK 231 AT PAGE 617 IN THE TRANSYL-VANIA 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 December 7, 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:

BEING all of Lot 28, WHITEWATER RIDGE, PHASE I, containing 3.00 acres, as shown on a plat thereof prepared by Michael L. Petit, PLS, Dated December 1, 2003 and recorded in Plat File 10, Slide 711, Transylvania County Registry, to which reference is specifically made. TOGETHER WITH a non-exclusive right-of-way over the existing access road shown on the above-referenced plat, together with continuations thereof, for purposes of ingress and egress between North Carolina State Road 1151 and subject property. SUBJECT TO the right-of-way of Whiteside Vista Lane as shown on the above-referenced plat. SUBJECT TO the Declaration of Covenants and Restrictions for Whitewater Ridge recorded in Document Book 18, Page 466, Document Book 169, Page 597, Transylvania County Registry, to which reference is specifically made. In accepting this conveyance, the Grantee acknowledges that membership in White-water Ridge Association, Inc. is an appurtenance to the property hereinabove described and hereby conveyed, that the benefits and burdens of such membership cannot be severed from the fee to which it is appurtenant, and that side benefits and burdens shall run perpetually with the lands.

And Being more commonly known as: Lot 28 Whitewater Ridge, Sapphire, NC 28774

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Eric F. Strother.

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 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is November 8, 2018.

Jonathan Blake Davis

Attorney for the Substitute Trustee

10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

18-101736

T/11/22/2TC-70233

_________________________________________________________________

LEGAL NOTICE

The Law Office of C. W. “Mack” McKeller is closed effective November 2, 2018 due to his judicial appointment. If you wish to retrieve your file, the office at 26 East Main Street in Brevard will be open Monday-Friday from 11:00 a.m. until 2 p.m. each working day until November 27, 2018 or by appointment after calling (828)877-5502. After that time, Mr. McKeller will only retain files from the last six (6) years.

MT/11/12/6TC-70204

Pisgah Center Self Storage

495 Hendersonville Hwy

Pisgah Forest, NC 28768

November 24, 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, December 15, 2018 at 12:15 PM for the following:

Storage Space #32, Brian Layton

Contents: New commer-cial LED light fixtures, light bulbs, electrical equipment.

T/11/29/1TC-70331

_________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18E365

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of John Edgar Johnson III of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of John Edgar Johnson III to present them to the undersigned on or before February 8, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 8, 2018.

Katherine Singleton Johnson

212 Club Colony Lane

Lake Toxaway, NC 28747

T/11/8/4TP-70191

_________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18E367

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Martha McCoy Perkins of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Martha McCoy Perkins to present them to the undersigned on or before February 8, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 8, 2018.

Morgan Webb Perkins

1910 1-A Haywood Rd.

Hendersonville, NC 28791

T/11/8/4TP-70192

_________________________________________________________________

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, December 4, 2018 at 3:00 P.M. The following case will be considered:

The purpose of this meeting is for the rehearing of Special Use Permit SUP-18-004 by Brevard Racquet Club for amendment of existing Special Exception Permit #00-22.

SUP Request – Brevard Racquet Club

Rehearing of Special Use Permit Application #SUP-18-004 of Brevard Racquet Club to amend Special Exception Permit #00-22, to allow existing fabric building to be used as an indoor recreation facility on the property owned by Brevard Tennis & Athletic Club located within the extraterritorial juris-diction 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 infor-mation 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/11/22/2TC-70272

 
 

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