The Transylvania Times -

Legal Notices: December 2, 2019

 

December 2, 2019



STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E341

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Helen Pauline Anderson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Helen Pauline Anderson to present them to the undersigned on or before February 25, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 25, 2019.

Janet H. Buchanan

1410 Brawley Circle NE

Brookhaven, GA 30319

M/11/25/4TP-72974

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E347

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Lucy T. Bryson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Lucy T. Bryson to present them to the undersigned on or before February 18, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 18, 2019.

Katherine I. Bryson

758 Whitmire Road

Brevard, NC 28712

M/11/18/4TP-72898

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E363

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of William Penn Colvin of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of William Penn Colvin to present them to the undersigned on or before February 25, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 25, 2019.

Revaey Earley

1230 Woodland Church Rd.

Wake Forest, NC 27587

M/11/25/4TP-72975

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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-361

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Patricia A. Dran of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Patricia A. Dran to present them to the undersigned on or before February 25, 2020, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 25th day of November, 2019.

Kathleen Pascarella, 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/11/25/4TC-72973

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Notice to Creditors IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 19 E 342

North Carolina Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF

JAMES C. EASTERDAY, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Co-Executors of the Estate of James C. Easterday, deceased, late of Hall County, Georgia, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before February 11, 2020, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 11th day of November,2019.

Robert M. Easterday,

Co-Executor

James K. Easterday,

Co-Executor

Estate of James C. Easterday

Lee C. Mulligan, Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

M/11/11/4TC-72871

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E355

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Dennis Owen Fisher of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Dennis Owen Fisher to present them to the undersigned on or before February 25, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 25, 2019.

Wanda H. Fisher

17 River Cane Lane

Pisgah Forest, NC 28768

M/11/25/4TP-72963

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E370

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of B. C. Harris aka Bertie Cecil Harris of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of B. C. Harris aka Bertie Cecil Harris to present them to the undersigned on or before March 2, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: December 2, 2019.

Clayton Adam McGaha

215 W. Eisenhower Blvd.

Loveland, CO 80537

Attorney:

Brian P. Philips

30 N. Country Club Road

Brevard, NC 28712

M/12/2/4TP-73005

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NOTICE OF

PUBLIC SALE

PURSUANT TO North CAROLINA

G.S.44A-43

1 Name and Address of Lienor:

ShowTime Mini-Storage

16792 Rosman Highway

Lake Toxaway, NC 28747

2 Date of Sale:

Saturday, December 7, 2019

3 Time of Sale 10.00 A.M.

4 Place of Sale:

ShowTime Mini-Storage

16792 Rosman Highway

Lake Toxaway, NC 28747

5 The contents of the following storage space to satisfy liens:

Henson - A01

M/12/2/1TC-73006

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E354

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Randall Howard Moretz, Sr. of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Randall Howard Moretz, Sr. to present them to the undersigned on or before March 2, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: December 2, 2019.

Lisa M. Rogers

750 Selica Road

Brevard, NC 28712

M/12/2/4TP-73004

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E348

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Sylvia J. Roberts of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Sylvia J. Roberts to present them to the undersigned on or before February 18, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 18, 2019.

Gary M. Roberts

41 Devereaux Drive

Penrose, NC 28766

Starling Duane Roberts

102 Glenda Lane

Easley, SC 29642

M/11/18/4TP-72901

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E343

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Nancy Purdy Searles of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Nancy Purdy Searles to present them to the undersigned on or before February 18, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 18, 2019.

Charles E. Starosta

400 Walnut Ridge Road

Brevard, NC 28712

Attorney:

Brian P. Philips

30 N. Country Club Road

Brevard, NC 28712

M/11/18/4TP-72897

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E358

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Terrance Tobin Sr. of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Terrance Tobin Sr. to present them to the undersigned on or before February 25, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 25, 2019.

Spring Hope Dungan

2400 East Morningside Drive

Hendersonville, NC 28791

M/11/25/4TP-72962

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

File No: 19 SP 96

NOTICE OF SALE

TAKE NOTICE THAT: William Richard Boyd, Jr., Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as follows:

1. The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Brandon A. Wright and wife, Diamond S. Wright, original mortgagors, and recorded in the Office of the Transylvania County Register of Deeds in Book DOC 807, at Page 451. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A

2. The property will be sold by the Substitute Trustee at 11:00 a.m. on the 9th day of December, 2019 at the Transylvania County Courthouse door in the City of Brevard, North Carolina.

3. The real property to be sold is generally described as 1752 Jeter Mountain Road, Penrose, NC 28766* and is more particularly described as follows:

Being all of that property described in that certain Deed of Trust recorded in Book DOC 807, at Page 451 of the Transylvania County, North Carolina Registry.

Any property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Transylvania County, North Carolina Registry.

*The general description of the property is provided for convenience but is not guaranteed; the legal description in the Deed of Trust controls.

4. Any buildings located on the above-described property are also included in the sale.

5. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substitute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00).

6. All bidders bid for the property AS IS on the date of sale. Absolutely no warranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee.

7. The property will be sold subject to all unpaid taxes and special assessments.

8. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust.

9. 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.

10. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units, including single-family residential real property: 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. 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.

11. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to North Carolina General Statute section 45-21.33A.

THIS the 4th day of November, 2019.

William Richard Boyd, Jr.

Substitute Trustee

474 Mountain Cove Road

Waynesville, NC 28786

828-646-7308

M/11/25/2TC-72862

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Brevard Housing Authority

Notice of Public Hearing

The Brevard Housing Authority will hold a public hearing on its 2020-25 Five-Year PHA Plan and its Capital Fund Program Five-Year Action Plan at the regular Board of Commissioners meeting on Tuesday, January 21, 2020 at 3:00 pm, located at the BHA Central Office, 133 W. Morgan Street, Brevard, NC 28712. The draft plans may be reviewed at the same location.

TM/11/28/2TC-72993

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SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE

SALE OF REAL PROPERTY

THIS ACTION BROUGHT PURSUANT TO THE POWER AND AUTHORITY contained within that certain Deed of Trust executed and delivered by Russell Camp Sr. a/k/a Russell Camp dated January 23, 2008 and recorded on January 31, 2008 in Book DOC 445 at Page 307 in the Office of Register of Deeds of Transylvania County, North Carolina. As a result of a default in the obligations contained within the Promissory Note and Deed of Trust and the failure to carry out and perform the stipulation and agreements contained therein, the holder of the indebtedness secured by said Deed of Trust made demand to have the default cured, which was not met. Therefore, the undersigned Substitute Trustee will place for sale that parcel of land, including improvements thereon, situated, lying and being in the City of Brevard, County of Transylvania, State of North Carolina, and being more particularly described in the heretofore referenced Deed of trust. Said sale will be a public auction to the highest bidder for cash, at the usual place of sale at the Transylvania County Courthouse, Brevard, North Carolina, on December 9, 2019 at 11:00 AM Address of Property: 342 Silversteen Drive, Brevard, NC 28712 Tax Parcel ID: 8585-29-4557-000 Present Record Owners: Russell Camp, Sr. a/k/a Russell Camp The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. 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. The successful bidder will be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax, and costs for recording the Trustee’s Deed. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, special assessments and other encumbrances. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids, as by law required. The sale will not confirm until there have been ten (10) consecutive days with no upset bids having been filed. If for any reason the Trustee is unable to convey title to this property, or if the sale is set aside, the sole remedy of the purchaser is the return of the bid deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the bid deposit. In either event, the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney, or the Trustee. Additional notice required for Residential Real Property with Less Than Fifteen (15) Rental Units: 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 ten (10 days, but no more than 90 day, 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. Posted: Witness: Assistant/Deputy clerk of Superior Court Albertelli Law Partners North Carolina, P.A., Substitute Trustee By: David W. Neill, Esq. Albertelli Law Partners North Carolina, P.A. NC State Bar No. 23396 205 Regency Executive Park Drive Suite 100 Charlotte, NC 28217 T: 704-970-0391 19-SP-77 / 19-019370 A-4710769 11/25/2019, 12/02/2019

M/11/25/2TP-72909

 
 

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