The Transylvania Times -

Legal Notices: April 1, 2019

 

April 1, 2019



STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

NOTICE TO CREDITORS

The undersigned, having qualified as EXECUTOR of the ANCILLARY ESTATE OF ROGER MARK BROWN, deceased, late of Transylvania County, North Carolina, notifies all persons having claims against said estate to present them to the undersigned c/o Lisa M. Rothman at McGuire, Wood & Bissette, P.A., PO Box 3180, Asheville, NC 28802, on or before July 1, 2019, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment to the undersigned.

This the 1st day of April, 2019.

DEBORAH GOGOL DEER,

EXECUTOR ANCILLARY ESTATE OF ROGER MARK BROWN

M/4/1/4TC-71326

__________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 19-E-96

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Robert Q. Glass, III, of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Robert Q. Glass, III, to present them to the undersigned on or before July 2, 2019, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 1st day of April, 2019.

Mary G. Seiley,

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/4/1/4TC-71323

__________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E92

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Administrators of the Estate of Larry L. Hamilton of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Larry L. Hamilton to present them to the undersigned on or before June 25, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 25, 2019.

Bryan Hamilton

PO Box 1441

Brevard, NC 28712

Sonya H. Case

101 Sunset Hill Drive

Etowah, NC 28729

M/3/25/4TP-71259

__________________

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E7

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Lauren Sherwood McCrary of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Lauren Sherwood McCrary to present them to the undersigned on or before July 1, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 1, 2019.

Brenda McCrary Whitmire

30 Brooklane Drive

Penrose, NC 28766

Attorney:

Brian Philips

PO Box 432

Brevard, NC 28712

M/4/1/4TP-71322

__________________

STATE OF North CAROLINA

COUNTY OF Transylvania IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 19-E-99

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Matthew C. Whitmire of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Matthew C. Whitmire to present them to the undersigned on or before July 2, 2019, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 1st day of April, 2019.

Brian Keith Whitmire, 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/4/1/4TC-71292

__________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO: 19E43

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of Anne DeLamater Hansen of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Anne DeLamater Hansen to present them to the undersigned on or before June 18, 2019, or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

Dated: March 18, 2019

John D. Hansen

1035 North Country Club Rd.

Brevard, NC 28712

M/3/18/4TP-71223

__________________

Notice of Public Hearing

City of Brevard

Falling Waters Planned Development District

The Brevard City Council will hold a public hearing on Monday, April 15, 2019. 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:

Proposed amendments to the Official Zoning Map creating the Falling Waters Planned Development District to construct an 80-unit affordable housing project. The property in question is located at the corner of Rosman Highway and Nicholson Creek Road, south of Brevard.

The public is invited to attend this public hearing and make comment, either in favor of or in opposition to the proposed amendments. The proposed amendments 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, 2019.

Jill Murray, CMC

City Clerk

M/4/1/2TC-71324

__________________

North CAROLINA

Transylvania COUNTY

Special Proceedings No. 19 SP 10

Substitute Trustee: Philip A. Glass

NOTICE OF FORECLOSURE SALE

Date of Sale: April 9, 2019

Time of Sale: 11:30 a.m.

Place of Sale: Transylvania County Courthouse

Description of Property: See Attached Description

Record Owners: Lois Antonia Hernandez

Address of Property: 1850 Connestee Trail, Brevard, NC 28712

Deed of Trust:

Book : DOC 723 Page: 31

Dated: April 16, 2015

Grantors: Lois Antonia Hernandez

Original Beneficiary: State Employees’ Credit Union

CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45¢) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).

This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.

A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.

Residential real 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 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 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 not 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. 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.

Dated: 3/12/19

Philip A. Glass,

Substitute Trustee

Nodell, Glass & Haskell, L.L.P.

Posted on 3/12/19

EXHIBIT “A”

BEING all of Lot 75 of Unit 1 of Connestee Falls Development as shown by Plat thereof, recorded in Plat Book 4, Pages 44-44N, Records of Plats for Transylvania County, North Carolina.

Subject to the privileges and mutual and beneficial restrictions, covenants, equitable servitudes and charges set forth in the Third Restatement of Declaration of Restrictive Covenants for Connestee Falls recorded in Book 421, Page 161, Records of Deeds for Transylvania County, North Carolina and by all subsequent amendments and supplemental declarations thereto appearing of record in the office of the Register of Deeds for Transylvania County.

This conveyance is made subject to the rights-of-way of all roads which may presently traverse the property, to all road rights of way which may presently appear of record, to the rights-of-way of all utility lines which may presently traverse the property and to all rights of way for public utilities which may presently appear of record.

Subject to rights of entry contained in Book 211, Page 211 Transylvania County Registry.

M/4/1/2TC-71217

__________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO .: 17-SP-48

IN THE MATTER OF THE

FORECLOSURE OF THE DEED OF

TRUST OF MOUNTAIN PROPERTIES,

Mortgagor to

BRIAN P. PHILIPS, Trustee and

MORRIS BLAKE McCALL and wife

GLADYS B. McCALL, Noteholders,

as recorded in BOOK 89, PAGE 8.

AMENDED NOTICE OF FORECLOSURE SALE

UNDER AND BY VIRTUE of a Power of Sale contained in that certain Deed of Trust executed by Mountain Properties, to Brian P. Philips, Trustee, which was dated February 15, 2002 and recorded on February 15, 2002 in Book 89, Page 8, Transylvania County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Donald H. Barton, 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 Transylvania County courthouse for conducting the sale on April 12, 2019, at 11:00 a.m. and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

Lying and being in Hogback Township, Transylvania County, North Carolina and described as follows:

BEING all of the 0.13 +/- acres as more particularly described in Deed Book 89, Page 5 in the office of the Register of Deeds of Transylvania County.

Subject to all easements and other matters of record; to all rights of way of all utility lines which may currently traverse the property and to all rights of way for utility lines which may currently appear of record.

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

Said property is commonly known as PIN 8521-19-2728.

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 Mountain Properties.

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 A§ 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 his sole discretion, if he believes 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.

DONALD H. BARTON

Attorney for the Petitioners

State Bar # 7598

158 East Main Street

Post Office 1209

Brevard, NC 28712

(828) 883-4020 Telephone

(828) 885-2835 Telefax

MT/4/1/4TC-71325

__________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO: 15-E-219

IN THE MATTER OF THE ESTATE OF

LOUISE WATKINS

EXECUTOR’S NOTICE

Having qualified as Public Administrator of the Estate of LOUISE WATKINS of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of LOUISE WATKINS to present them to the undersigned on or before June 10, 2019, or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

This the 1st day of March, 2019.

Tony C. Dalton

Public Administrator

NC State Bar # 9765

White & Dalton

542 S. Caldwell Street

Brevard, NC 28712

(828) 884-2334 telephone

(828) 884-6527 telefax

Tony C. Dalton,

Public Administrator

c/o Ashley Blair Fortune, Esq.

542 South Caldwell Street

Brevard, NC 28712

M/3/4/7TC-71130

__________________

STATE OF North CAROLINA

Transylvania COUNTY

IN THE GENERAL COURT OF JUSTICE

District Court Division

File Number 19 CVD 80

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

Raquel Antonio Joaquin vs. Mario Jose Martinez

To: Mario Jose Martinez, Defendant

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: Absolute Divorce and Child Custody.

You are required to make defense to such pleading no later than May 6, 2019, and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.

This the 25th day of March, 2019.

Madeline M. Offen

Attorney at Law

Pisgah Legal Services

440 S. Church Street

Hendersonville, NC 28732

M/3/25/3TC-71264

__________________

19 SP 8

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 Raymond E. Trainer and Diane C. Trainer to William R. Echols, Trustee(s), which was dated December 9, 2009 and recorded on December 11, 2009 in Book 522 at Page 414, 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 15, 2019 at 10:30AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

Being and comprehending all of Lot 6 of Cottages at No. 2, as more fully described on that certain plat found in Plat File 3, Slide 334, Transylvania County Registry.

This property is part of a Planned Unit Development known as Cottages at No. 2 and is subject to the Declaration of Covenants, Conditions and Restrictions found in Deed Book 315, Page 344, Transylvania County Registry.

The Grantors give, grant, and convey unto the Grantees, their heirs and assigns, the right to use the roadways as the same arc now located through the Sapphire Lakes Subdivision from U S. Highway 64 to the above described property for ingress and egress in common with other property owners within Sapphire Lakes Subdivision.

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

Said property is commonly known as 77 South Horseshoe Drive, Sapphire, NC 28774.

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 Ray E. Trainer and wife, Diane C. Trainer.

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 .: 18-24050-FC01

M/4/1/2TC-71258

 
 

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