The Transylvania Times -

Legal Notices: May 6, 2019

 

May 6, 2019



IN THE GENERAL COURT OF JUSTICE OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania COUNTY

18SP68

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY RALPH COBB DATED JUNE 28, 2006 AND RECORDED IN BOOK DOC 356 AT PAGE 525 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 10:00AM on May 13, 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 NUMBER 16, SECTION A, Revised of TURKEY PEN GAP DEVELOPMENT as shown on that Plat recorded in Plat File 1, Slide 41-A, Transylvania County Registry, reference to said plat is hereby made for a more particular description of said property.

SUBJECT TO those certain Restrictive Covenants as recorded in Deed Book 195 at Page 721 amended in Deed Book 200 at Page 435 and supplemented in Deed Book 214 at Page 675, Transylvania County Registry.

And Being more commonly known as: A16 Gobbler Cir, Horse Shoe, NC 28742

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

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 March 11, 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/

18-102087

M/4/29/2TC-71194

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E131

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of David Walter Jarrett of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of David Walter Jarrett to present them to the undersigned on or before July 29, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 29, 2019.

Patricia C. Jarrett

PO Box 551

Rosman, NC 28772

Attorney:

Brian P. Philips

PO Box 432

Brevard, NC 28712

M/4/29/4TP-71562

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO: 19-E-33

IN THE MATTER OF THE ESTATE OF

MABEL KIMBRELL

EXECUTOR’S NOTICE

Having qualified as Public Administrator of the Estate of MABEL KIMBRELL of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of MABEL KIMBRELL to present them to the undersigned on or before May 24, 2019, or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

This the 19th day of February, 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/2/25/7TC-70964

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E108

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Harold Lane Mathis of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Harold Lane Mathis to present them to the undersigned on or before July 15, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 15, 2019.

Sarah McCrary Mathis

556 Upper Glade Creek Rd.

Pisgah Forest, NC 28768

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M/4/15/4TP-71432

North CAROLINA

Transylvania COUNTY

IN THE GENERAL COURT OF JUSTICE

BEFORE THE CLERK

19 SP 3

IN RE:

FORECLOSURE OF A LIEN HELD BY STRAUS PARK MASTER ASSOCIATION, INC., FOR PAST DUE ASSESSMENTS UPON LOT 10 BLUEBERRY HILL ROAD Brevard, NORTH Carolina, AKA BEING ALL OF UNIT 10 AS SHOWN ON THE PLAT RECORDED IN PLATE FILE 11, SLIDES 42-43 OF THE Transylvania County REGISTRY, WHICH IS TITLED TO: LINGANORE REALTY HOLDINGS

NOTICE OF FORECLOSURE SALE OF REAL ESTATE

Foreclosure of Lien filed with the Clerk of Superior Court on February 5, 2018, file #18 M 8. Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Straus Park Master Association, Inc. and recorded in the Office of the Register of Deeds for Transylvania County, North Carolina in Book 426, Page 341, and because of default in the payment of the indebtedness thereby secured and pursuant to the demand of the owner and holder of the indebtedness secured by said Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina, entered in this foreclosure proceeding, Black, Slaughter & Black, PA, the appointed Trustee, will expose for sale at public auction on May 15, 2019, at 2:30 PM at the usual place of sale at the Transylvania County Courthouse, Brevard, North Carolina, the following described real property (including the house, if any and any other improvements thereon): Being all of unit 10 as shown on the Plat recorded in Plat File 11, Slides 42-43 in of the Transylvania County Registry together with a right-of-way over the roads shown on the plats referred to above for ingress and egress between the above described property and US Highway 64. Property address: Lot 10 Blueberry Hill Road, Brevard, NC 28712. Present Owner(s): Linganore Realty Holdings c/o A. Jordan Washburn, Jr. Registered Agent. The sale will be made subject to all prior sales and releases and to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases, and other matters of record, if any. Pursuant to N.C.G.S §45-21.10(b), any successful bidder will be required to deposit with Black, Slaughter & Black, PA, the Trustee, immediately upon conclusion of the sale a cash deposit not to exceed the greater of Five Percent (5%) of the bid amount or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price in cash or certified check at the time Black, Slaughter & Black, PA, the 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 of the purchase price so bid at the time, he shall remain liable on his bid as provided for in N.C.G.S §45-21.30(d) and (e). This sale will be held open ten (10) days for upset bids as required by law. 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 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. The notice shall also state that 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.

OF COUNSEL: BLACK, SLAUGHTER & BLACK, P.A., Post Office Box 41027, Greensboro, North Carolina 27404-1027. Telephone: (336) 378-1899.

Signed: May 2, 2019. Michael C. Taliercio, Attorney for the Trustee

M/5/6/2TP-71622

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RTH CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E127

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Conrad Lee Ingram of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Conrad Lee Ingram to present them to the undersigned on or before July 29, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 29, 2019.

Barbara Legrand Ingram

1683 Kim Miller Rd.

Lake Toxaway, NC 28747

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M/4/29/4TP-71522

Notice of Public Hearing

City of Brevard

Brevard Place Planned Development District

Modification to List of Conditions

The Brevard City Council will hold a public hearing on Monday, May 20, 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 amendment to the Brevard Place Planned Development District, List of Conditions. Originally approved via Ordinance 2014-21, amended via Ordinance 2018-14. Request is modification to specific building materials permitted within the District.

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 Depar-tment at (828) 885-5630.

This 2nd day of May, 2019.

Jill Murray, CMC

City Clerk

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M/5/6/2TC-71619

Notice of Public Hearing

City of Brevard

Official Zoning Map Amendment

The Brevard City Council will hold a public hearing on Monday, May 20, 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 amendment

to the Official Zoning Map, rezoning property at 325 Rosman Highway. The property is currently split-zoned; Corridor Mixed-Use and General Residential. Applicant requesting change to Corridor Mixed-Use. The property in question is located at the corner of Rosman Highway and Forest Hills Drive 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 Depart-ment at (828) 885-5630.

This 2nd day of May, 2019.

Jill Murray, CMC

City Clerk

M/5/6/2TC-71620

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Notice of Public Hearing

City of Brevard

Official Zoning Map Amendment

The Brevard City Council will hold a public hearing on Monday, May 20, 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 of the City of Brevard, rezoning the following properties near the intersection of Whitmire Street and Tinsley Road from General Industrial to Residential Mixed Use:

Owner Name

PIN

Address

Drury & Wendy Bridges

8586-43-4203-000

292 Whitmire Street

Freewill Baptist Church

8586-43-2292-000

320 Whitmire Street

Appalachian Ministries of the Carolinas

8586-43-2200-000

326 Whitmire Street

Allen Real Estate Enterprises LLC

8586-43-2333-000

32 Tinsley Road

Margaret A Long

8586-43-3411-000

50 Tinsley Road

Thomas & Lynda Deck

8586-43-0391-000

360 Whitmire Street

Thomas & Lynda Deck

8586-43-1224-000

No address assigned

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

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M/5/6/2TC-71621

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E126

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of James Mitchell Anderson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of James Mitchell Anderson to present them to the undersigned on or before July 29, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 29, 2019.

Bridget Anderson

1032 Lexi Ct.

Ladson, SC 29456

Attorney:

Brian P. Philips

PO Box 432

Brevard, NC 28712

M/4/29/4TP-71523

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19-E-115

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Katharine Dreier of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Katharine Dreier to present them to the undersigned on or before July 15, 2019, or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 15, 2019.

John S. Dreier, Executor

71 Kanvsita Ct.

Brevard, NC 28712

Attorney:

Shelton Jones

5 Park Place East #201

Brevard, NC 28712

M/4/15/4TC-71420

 
 

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