The Transylvania Times -

Legal Notices: Aug. 18, 2019

 

August 19, 2019



STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19 E 226

EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of Ellen Heller of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Ellen Heller to present them to the undersigned on or before October 29, 2019 or the claim will be forever barred thereafter. All persons indebted to the said estate, please make immediate payment.

This 29th day of July, 2019.

Margaret M. Hunt, Executor

P. O. Box 1175

Brevard, NC 28712

Attorney:

Margaret M. Hunt

P O Box 1175

Brevard, NC 28712

M/7/29/4TC-72248

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NOTICE TO CREDITORS

All persons, firms and corporations having claims against the Estate of JOHN PURCELL KILPATRICK, JR., Deceased, of Transylvania County, N.C., are notified to present the same to the Personal Representatives listed below on or before October 29, 2019, or this Notice will be pleaded in bar of recovery. All debtors of the said Estate are asked to make immediate payment.

This 29th day of July, 2019.

Christian Buckman,

Co-Administrator

Megan O’Reilly,

Co-Administrator

c/o Zachary F. Lamb

Ward and Smith, P.A.

Attorneys at Law

Post Office Box 2020

Asheville, NC 28802-2020

M/7/29/4TC-72207

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E222

EXECUTOR’S – ADMINISTRATOR’S NOTICE

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

All persons indebted to said estate please make immediate payment.

Dated: July 29, 2019.

Daniel Lee McJunkin

130 Inez Drive

Rosman, NC 28772

M/7/29/4TP-72247

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E236

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Teresa Hutchinson Simpson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Teresa Hutchinson Simpson to present them to the undersigned on or before November 12, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 12, 2019.

Carolyn Kimberly Thomas

105 Morning Mist Road

Fletcher, NC 28732

M/8/12/4TP-72326

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CREDITOR’S NOTICE

Having qualified as the Ancillary Executor of the Estate of Iola Smith, deceased, late of Transylvania County, North Carolina, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned Ancillary Executor, in care of Heather Whitaker Goldstein, Attorney, Van Winkle, Buck, Wall, Starnes and Davis, P.A., 11 North Market Street, Asheville, NC 28801, on or before the 29th day of October, 2019, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

Christina Loeb

Ancillary Executor of the Estate of Iola Smith

M/7/29/4TC-72218

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NOTICE OF FORECLOSURE SALE

North CAROLINA,

Transylvania COUNTY

19-SP-32

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Lloyd V. Eubanks and Sandra R. Eubanks, in the original amount of $92,941.79, payable to CitiFinancial Services Inc., dated March 20, 2007 and recorded on March 22, 2007 in Book DOC 399 at Page 621, Transylvania County Public Registry, North Carolina.

Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Stone Trustee Services, LLC 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 Transylvania County, North Carolina, on August 29, 2019 at 2 p.m., and will sell to the highest bidder for cash the following described property, to wit:

All that certain lot or parcel of land situated in the Hogback Township, Transylvania County North Carolina and more particularly described as follows: Being all of a 1.00 acre more or less tract as more particularly described and shown on record survey and plat by E. Roger Raxter RLS dated July 25, 1997 entitled boundary survey for Lloyd V. Eubanks and wife Sandra R. Eubanks and being recorded in Plat File 7, Slide 335 of the Transylvania County Registry. Together with the right of use of the existing private gravel drive and its right of way crossing the lane retained by Grantor for ingress, egress and regress, transportation of all types to and from said tract conveyed and Flat Creek Valley Road (S.R. 1147). Subject to the existing private gravel drive and its right of way crossing said tract to the land of Donald Ramey (Deed Book 416, Page 288 Transylvania County Registry).

Being the same property conveyed by Fee Simple Deed from Virgil Ramey and Myrtle Ramey husband and wife to Lloyd V. Eubanks and Sandra R. Eubanks, dated 11/03/1997 recorded 11/05/1997 in Book 424, Page 42 in Transylvania County Records, State of NC.

Tax ID: 8532614478000

Said Property is commonly known as 133 Ramey Hill Rd, Lake Toxaway, NC 28747

Third party purchasers must pay the excise tax, pursuant North Carolina General Statutes §105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof, and the Clerk of Courts fee, pursuant to North Carolina General Statutes §7A-308, in the amount of Forty-five Cents (0.45) per each One Hundred Dollars ($100.00) or major fraction thereof, of the final sale price. If the Clerk of Court’s fee determined by the formula is less than Ten Dollars ($10.00), a minimum Ten Dollar ($10.00) fee will be collected. If the Clerk of Court’s fee determined by the formula is more than Five Hundred Dollars ($500.00), a maximum Five Hundred Dollar ($500.00) fee will be collected. A deposit of five percent (5%) of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be immediately due and owing.

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, special assessments, land transfer taxes, if any, and encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owner of the property is Guy Andrew Mull and DeAnna Ramey Mull.

PLEASE TAKE NOTICE: An order for possession of the property may be issued pursuant to North Carolina General Statutes §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 (North Carolina General Statutes §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 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 Substitute 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.

Stone Trustee Services, LLC

Substitute Trustee

Attorney At Law

Stern & Eisenberg Southern, PC

Attorneys for Stone Trustee Services, LLC

David R. DiMatteo #35254

Christopher J. Culp #13466

5970 Fairview Road

Suite 126

Charlotte, NC 28210

(704) 879-2777

(803) 929-0830

M/8/12/2TP-72325

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NOTICE TO THE PUBLIC

ONLINE AUCTION OF SURPLUS ITEMS

Transylvania COUNTY

BREVARD, NC

Transylvania County is holding an online surplus auction. The online auction site is http://www.Public Surplus.com. There is also a link to this site on the Transylvania County Website http://www.transylvania county.org.

The online auction will be held from 10:00 am EST on Wednesday, August 28th, 2019 until 8:00 pm EST on Wednesday, September 11th, 2019. Items will not be available for preview prior to start of auction.

Please contact Jennifer Galloway at the Finance Office, Transylvania County Administration Building, 101 South Broad Street, Brevard, NC 28712, at 828-884-3104 or jennifer.galloway@ transylvaniacounty.org with any questions or for assistance in accessing this information.

Jennifer L. Galloway

Purchasing Agent

MT/8/19/2TC-72361

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E232

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Elsie Christine Laughter Shook of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Elsie Christine Laughter Shook to present them to the undersigned on or before November 5, 2019 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 5, 2019.

Darrell Wesley Shook

630 Calvert Rd.

Brevard, NC 28712

M/8/5/4TP-72302

 
 

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