The Transylvania Times -

Legal Notices: April 4, 2019

 

April 4, 2019



Public Notice

On 4/1/19 Certificate of Need review began for Brevard Dialysis Proj B-11688-19 Add 2 dialy stats. Written comments are due to the Agency by 5/1/19. A public hearing will only be scheduled if requested in writing by 5/1/19 and sent to DHSR.CON.Comments@dhhs.nc.gov or 2704 Mail Service Ctr, Raleigh, NC 27699-2704.

T/4/4/1TC-71279

__________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E94

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of James Carroll Lovin of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of James Carroll Lovin to present them to the undersigned on or before June 28, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 28, 2019.

Pamela L. Hill

1591 Old Lexington Rd

Asheboro, NC 27205

__________________

T/3/28/4TP-71277

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

BEFORE THE CLERK FILE NO. 19-E-81

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Charles Edwin Monteith of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Charles Edwin Monteith to present them to the undersigned on or before June 14, 2019, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 14th day of March, 2019.

June Whitmire, Personal Representative

c/o Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

ATTORNEY:

Hannah L. Camenzind

Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

828-884-4113

T/3/14/4TC-71188

__________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E95

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Paul Richard Pierson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Paul Richard Pierson to present them to the undersigned on or before June 28, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 28, 2019.

Sabrina Lenora Deal

52 Cemetery Rd.

Pisgah Forest, NC 28768

__________________

T/3/28/4TP-71278

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E103

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Annie Frances Gillespie Waldrop of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Annie Frances Gillespie Waldrop to present them to the undersigned on or before July 5, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 4, 2019.

Martha Waldrop Steil

3807 Hamill Rd.

Hixson, TN 37343

T/4/4/4TP-71328

__________________

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

__________________

PUBLIC NOTICE

The following federal projects are currently being amended by Transylvania County Schools:

IDEA Part B 611: Special Education programs for qualified students ages 5-21

IDEA Part B 619: Special Education programs for qualified students ages 3-5

Title I-A: Supplementary math and reading instruction for elementary students

Title II-A: Improving Teacher Quality

Title III-A: Limited English Proficient Grants

Title IV-A: Student Support and Academic Enrichment

McKinney-Vento Homeless Assistance Act

Carl Perkins Act Grant: Programs for Career Technical Education

Interested persons are encouraged to participate in the development of these projects and to make comments concerning the implementation of the specifics of these projects. A public meeting will be held on Wednesday, April 24, 2019 at 9 am in the Morris Education Center. All comments will be considered before final submission to the North Carolina Department of Public Instruction, Raleigh, North Carolina. For your information and consideration please know that these grants are based on last year’s budget, because the planning allotments are not yet available to LEA’s from DPI. The projects are open for review and comments March 4th through May 5th at the Morris Education, 225 Rosenwald Lane, Brevard. Please contact Kerry Putnam for further information.

Private schools, including home schools, are eligible to participate in the programs. This notice is to inform interested parties of your potential eligibility and to invite your comments.

Transylvania County Schools is non-discriminatory with respect to race, color, religion, political affiliation or belief, sex, national origin, age handicap, marital or parental status.

T/3/28/2TC-71182

__________________

North CAROLINA

Transylvania COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

19 SP 17

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM THOMAS M. TRAKAS, DATED NOVEMBER 18, 1999, RECORDED IN BOOK 312, PAGE 743, Transylvania County REGISTRY

NOTICE OF FORECLOSURE SALE

Pursuant to an order entered March 4, 2019, in the Superior Court for Transylvania County, and the power of sale contained in the captioned deed of trust (“Deed of Trust”), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash,

AT THE COURTHOUSE DOOR IN

BREVARD, Transylvania County, North CAROLINA

ON APRIL 5, 2019 AT 10:00 A.M.

the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in Transylvania County, North Carolina, commonly known as 381 Pole Miller Road, Brevard, NC and being more particularly described as follows:

Beginning on an existing concrete monument the Northwestern corner of a tract of property now or formerly belonging to N.A. Miller, Jr. and described at Deed Book 217, Page 304, Transylvania County Registry and running thence with the Miller line, South 25 deg. 45 min. 45 sec. West 258.43 feet to an iron pipe; thence South 76 deg. 19 min. 24 sec. West 3.90 feet to a ½ inch iron rod; thence South 80 deg. 37 min. 50 sec. West 40.60 feet to a ½ inch iron rod; thence North 74 deg. 19 min. 10 sec. West 48.20 feet to a ½ inch iron rod; thence North 46 deg. 37 min. 29sec. West 85.40 feet to a ½ inch iron rod at the intersection of two fence lines; thence up and with a fence line, the following two courses and distances: North 27 deg. 25 min. 55 sec. East 86.10 feet to a ½ inch iron rod; and North 32 deg. 7 min. 58 sec. East 149.98 feet to a ½ inch iron rod; thence leaving the fence line, South 76 deg. 30 min. 50 sec. East 149.33 feet to an existing concrete monument the point and place of beginning. Containing 0.96 acres, more or less, as surveyed and platted by P. Robert Raxter, RLS, on August 6, 1984.

In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.

The record owner of the real property not more than ten days prior to the date hereof is Charles Manning Trakas.

A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed.

This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.

The purchaser of the property described above shall pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A‑308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.

To the extent this sale involves residential property with less than fifteen (15) rental units, including single family residential real property, you are hereby notified of the following:

a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and

b. 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 ten (10) days, but no more than ninety (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.

This 4th day of March, 2019.

MARK A. PINKSTON,

Substitute Trustee

Mark A. Pinkston

Substitute Trustee

PO Box 7376

Asheville, NC 28801

T/3/28/2TP-71169

 
 

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