The Transylvania Times -

Legal Announcements

 

January 24, 2019



STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 19E26

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Kenneth Michael Hall of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Kenneth Michael Hall to present them to the undersigned on or before April 24, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 24, 2019.

Nathan Forrest Hall

736 Lyday Loop Road

Pisgah Forest, NC 28768

T/1/24/4TP-70748

_____________________________________________________________

IN THE GENERAL COURT OF JUSTICE OF North CAROLINA

SUPERIOR COURT DIVISION/TRANSYLVANIA COUNTY

18SP81

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DONNA S. GIVENS AND DAVID H GIVENS DATED MAY 26, 2004 AND RECORDED IN BOOK 235 AT PAGE 436 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 1:00PM on January 31, 2019 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 70, containing 3.52 acres, more or less, of Section Five of Big Hill Acreage Homesteads as shown on a plat thereof recorded in Plat File 10, Slide 648, Records of Plats for Transylvania County in the office of the Register of Deeds for Transylvania County.

Together with a right of way to Sandy Lane over and along Bear Paw Driveway which currently traverses the lot hereinabove described and connects it with Sandy Lane, said right of way to be for road and utility line purposes and to be for travel of all kinds, on foot and with all types of vehicles, with the right of ingress, egress and regress over and along the same in common with the owners of Lots 67, 68 and 71-R, with it being understood and agreed that the owners of Lots 67, 68,70 and 71-R will share equally in the cost of repairing and maintaining Bear Paw Driveway which is hereby declared to be a limited common area for the use and benefit of said lots despite the fact that ownership in the various portions of said driveway shall continue to remain vested in the individual owners over whose lots it extends and forms a portion of. The cost of repairing and maintaining said driveway shall be assessed as a special assessment against such lot owners by Big Hill Property Owners Assoc-iation, Inc., which shall have the same rights and remedies with regard to the levying and collection of such special assessments as are provided for the levying and collection of regular assessments in the Declaration of Restrictive Covenants of Big Hill Acreage Homesteads recorded in Book 433, page 487, Records of Deeds for Transylvania County.

There is also conveyed hereby a right of way to the public road over and along Sandy Lane and all other subdivision roads which may currently connect the lot hereinabove described with the public road.

This conveyance is made subject to the right of way of Bear Paw Driveway as shown on the recorded plat hereinabove referred to, to all road rights of way which may currently appear of record, to the rights of way of all utility lines which may currently traverse the property, to all rights of way for utility lines which may currently appear of record, and to the Declaration of Restrictive Covenants of Big Hill Acreage Homesteads recorded in Book 433, page 487, Records of Deeds for Transylvania County.

And Being more commonly known as: Lot 70 Bearpaw Dr, Brevard, NC 28712

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Donna S. Givens.

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 January 10, 2019.

Grady I. Ingle or

Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

18-100110

T/1/17/2TC-70696

_____________________________________________________________

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, February 5, 2019 at 3:00 P.M. The following case will be considered:

SPECIAL USE APPLICATION of Marc Kaufman, Agent for Jason DeMott, #SUP-18-005.

SUP Request – Marc Kaufman, Agent for Jason DeMott, SUP-18-005

Consideration of Application for Special Use Permit #SUP-18-005 by Marc Kaufman to allow a drive through restaurant in the Downtown Mixed Use (DMX) zoning district on property owned by the DeMott Enterprises, LLC, and located at 585 S. Caldwell Street within the corporate limits of the City of Brevard, in a Downtown Mixed Use (DMX) zoning district and further identified by PIN# 8585-38-9450-000.

The submitted applic-ation 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/1/24/2TC-70720

_____________________________________________________________

NOTICE OF FORECLOSURE SALE

18 SP 76

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Philip D. Zimmerman and Fran C. Zimmerman, (Philip D. Zimmerman, deceased) to Brian R. Philips, P.A., Trustee(s), dated the 20th day of May, 2013, and recorded in Book DOC 655, Page 775, in Transylvania County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Transylvania County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Brevard, Transylvania County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on February 7, 2019 and will sell to the highest bidder for cash the following real estate situated in the County of Transylvania, North Carolina, and being more particularly described as follows:

BEGINNING at a stake which stands North 0 deg. 22 min. West 94.76 feet from the southwest corner of the Ruth L. Nagle lot, said Nagle lot being Lot H-8, as shown on a plat of the New Lakes Section of Sherwood Forest by Perry R. Raxter, RLS, dated December, 1974, and runs thence, from said Beginning corner thus established, North 52 deg. 07 min. West 120.40 feet to a stake; and North 55 deg. 02 min. West 46.48 feet to a stake; and runs thence North 39 deg. 18 min. East 221.38 feet to a stake; and runs thence North 22 deg. 13 min. East 30 feet to a stake in the middle of a 60-foot right of way; and runs thence with the middle of said 60-foot right of way, the following three (3) courses and distances, to wit: South 2 deg. 7 min. East 62.65 feet to a stake; South 9 deg. 29 min. East 72 feet to a stake; and South 6 deg. 52 min. East 32.99 feet to a stake; and runs thence, South 30 deg. 43 min. West 149.44 feet to the BEGINNING. Being Lot H-7 as shown on a plat of the New Lakes Section of Sherwood Forest by Perry R. Raxter, RLS, dated December, 1974. Together with improve-ments located thereon; said property being located at 332 Purple Finch Road, Brevard, North Carolina.

This conveyance is made subject to easements, restrictions and right of way of record, including the right of way of ingress, egress and regress over and across a 60-foot right of way, 30 feet of which lies along the northeastern boundary of the property hereinabove described. Subject further to the restrictions, limitations, and covenants attached to the deed recorded in Deed Book 220 at Page 883 of the Transylvania County Registry.

TOGETHER WITH and subject to all rights of way, easements and restrictions appurtenant to the Grantor.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

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/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, 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.

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.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termin-ation of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

Phone No: (910) 864-3068

https://sales.hutchenslawfirm.com

Case No: 1249640 (FC.FAY)

T/1/24/2TC-70737

_____________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 18E395

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Limited Personal Repre-sentative of the Estate of Dennis Cornell Wilde of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Dennis Cornell Wilde to present them to the undersigned on or before April 3, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 3, 2019.

Donna B. Wilde

141 Valley View Drive

Pisgah Forest, NC 28768

T/1/3/4TP-70586

_____________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 19E14

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Carolyn Sue Reager of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Carolyn Sue Reager to present them to the undersigned on or before April 18, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 17, 2019.

Suzanne Briggs

121 Cedar Crest Dr.

Brevard, NC 28712

Blake Briggs

121 Cedar Crest Dr.

Brevard, NC 28712

T/1/17/4TP-70718

_____________________________________________________________

The Transylvania County Juvenile Crime Prevention Council (JCPC) announces the availability of $104,212 in intervention and prevention funds for services to youths most at risk of court involvement. JCPC funds require a local cash or in-kind match of 30%.

Based on the JCPC Risk and Needs Assessment conducted to date, the risk factors affecting Transylvania County have been identified to be the following:

•The elevated number of youth over the age of 12 who are at risk of committing their first delinquent offense

•The elevated number of youth with prior referrals at intake

•The elevated number of youth who have a known use of alcohol and/or illegal drugs

•The elevated number of youth who have school behavior problems

•The elevated number of youth who lack pro-social peers

•The elevated number of youth who lack parents that are able to supervise them

The JCPC planning process conducted to date, detected service inter-vention needs to address the following areas:

•Elevated number of youth lacking positive peer relationships

•High levels of school behavior problems

•Increased rate of substance abuse in youth

•Inadequate in-home supervision

•Substance abuse in the home

•Abuse/neglect, a lack of support of victims of abuse/neglect

•Family criminality

•Conflict in the home

The Transylvania County JCPC will consider proposals for the following needed programs:

1. Structured Day

2. Restitution/Community Service

3. Interpersonal Skills

4. Mentoring

5. Mediation

6. Vocational

7. Teen Court

8. Parent/Family Skill Building

9. Tutoring

10. Experiential Skill Building Services

11. Temp Shelter

12. Mental Health

13. Substance Abuse

All applicants will be required to attend a Program Agreement Orientation Session scheduled on January 18, 2019 at 9:00 a.m. in the Conference room at the Administration Offices of the Transylvania Schools at 225 Rosenwald Lane in Brevard, NC 28712.

In order to apply for FY 2019-2020 JCPC funding, you must complete and submit your application online by accessing NC ALLIES. Please read and follow all instructions at the following link: https://cp. ncdjjdp.org/CP/

After submitting the application in NC ALLIES, print and submit ONE hard copy to Trisha Hogan on February 14th, 2019 by 5:00 p.m. at County Administration Building, 101 S Broad Street, Brevard, NC 28712, (828) 884-3271.

Private non-profits are also required to submit No Over Due Tax forms, Conflict of Interest Statements, and proof of 501(c)(3) status.

Both the paper and electronic copies must be received for a program to be considered.

Local public agencies, 501 (c) (3) non-profit corporations and local housing authorities wishing to submit applications for programs to provide any of these intervention services may contact the JCPC Administrator or Area Consultant for more information:

Jennifer Baughn

JCPC Administrator

[email protected]

or

Megan Webster

Area Consultant

Department of Juvenile Justice and

Delinquency Prevention

828-296-4744

MT/1/7/10TC-70631

_____________________________________________________________

 
 

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