The Transylvania Times -

Legal Notices: January 16, 2020


Last updated 1/15/2020 at 3:53pm


The Foreclosure by David Budd, Substitute Trustee, of Deed of Trust executed by Penrose Commercial, LLC, a North Carolina Limited Liability Company, dated May 29, 2014, recorded in Book 694, page 342, Office of the Transylvania County Register of Deeds. Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Penrose Commercial, LLC, to Gavin Brown, Trustee, which was dated May 29, 2014, recorded in Book 694, page 342, Office of the Transylvania County Register of Deeds. Default having been made of the Promissory Note thereby secured by the said Deed of Trust and the undersigned, David Budd, having been substituted as Trustee in said Deed of Trust, and the holder of the Promissory Note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the front door of Transylvania County Justice Center, or the usual and customary location at the county courthouse for conducting the sale, on January, 2020, at 11:00 a.m. and will sell to the highest bidder for cash the following described real property [“the Property”] situated in Transylvania County, North Carolina: Beginning at a new iron pin located at the Northwest comer of Lot #C1 as shown on that plat entitled “Subdivision Plat for Penrose Commercial, LLC” referenced below thence from said beginning point South 12 degrees 50 minutes 00 seconds East 365.89 feet to a point located in the northern boundary of Tract B described in Deed Book 177 at Page 702 Transylvania County Registry; thence with the northern boundary of same South 79 degrees 16 minutes 46 seconds West 245.40 feet to a point located at the Southeast comer of Tract C (revised) thence with the eastern boundary of same North 10 degrees 02 minutes 15 seconds West 377.10 feet to a point located at the southern margin of a 45 foot Private Right of Way; thence with the southern margin of same North 84 degrees 09 minutes 28 seconds East 162.75 feet to a point thence North 77 degrees 10 minutes 00 seconds East 65.30 feet to the point and place of beginning. Being two (2) acres more or less and being all of that property designated as Lot #C3 as shown on that plat entitled Subdivision Plat for Penrose Commercial, LLC prepared by Clarence A. Jenkins, P.L.S. dated November 26, 2008 and revised May 19, 2014 and being Job #08-091, reference to which is hereby made and incorporated herein for greater certainty of description. This property is conveyed together with and subject to all of those right of ways as shown on said above referenced plat and together with and subject to those rights of way reserved and conveyed in Deed Book 177 at Page 705, Transylvania County Registry. This property is further conveyed subject to that right of way 20 feet in width running along this eastern boundary of the subject real property said right of way also being shown on the above referenced plat. And being a portion of that property described in Deed Book 177 at Page 705, Transylvania County Registry. Said property is to be offered pursuant to this Notice of Sale for sale, transfer and conveyance “AS IS WHERE IS” and 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. 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 Penrose Commercial, LLC. A cash deposit (no personal checks will be accepted) 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 of the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. 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 Transylvania County. 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 upon 10 days’ written notice to the landlord. 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. If the Substitute Trustee is unable to convey title to the Property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons for 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 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.

David Budd,

Substitute Trustee,

207 Hillside Street, Asheville, NC 28801, 828.350.3814

CN: January 16, 2020, January 20, 2020










Having qualified as Executor of the Estate of Doris B. Houck of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Doris B. Houck to present them to the undersigned on or before April 16, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 16, 2020.

Sandra Owen

2334 King Road

Pisgah Forest, NC 28768



Preliminary Public Notice for Potential Impacts to Floodplains

Brevard College intends to seek financial assistance from USDA, Rural Development to develop sites already owned by the College, internal to the main campus. The scope of the project includes site grading, landscaping, storm drainage, and erosion control for the construction of a new residence hall, fieldhouse, athletic field seating, and maintenance shop. Proposed plans also call for the paving of an existing roadway and the replacement of a paved roadway. An approximately 20,000 square foot residence hall is proposed located on the southern end of The Residential Village. An approximate 7,500 square foot field house and 3,000 square foot stadium seating is proposed adjoining the Ives-Lemel Family Athletic Field. An approximate 7,500 square foot maintenance shop is proposed to the east of the Gil Coan Baseball Field. Improvements also include the replacement of approximately 1,100 linear feet of West Campus Drive and a parking lot with the Coltrane Commons Quad and Promenade, and the paving of a dirt and gravel road extending from Kings Creek Loop to Neely Road. Approximately 0.50 acres of an asphalt parking lot associated with the proposed Athletic Fieldhouse, and approximately 1,000 linear feet of the improved road from Kings Creek Loop to Neely Road will be within the 100-Year Floodplain.

Brevard College’s proposed project will allow for the growth of their experiential curriculum through academic initiatives and an opportunity to increase the colleges retention to better serve the students’ academic and residential needs. The aesthetics will be improved by utilization of old abandoned sewage disposal plant, gravel road, and undeveloped land on campus.

If implemented, the proposed project will impact areas within the 100-Year Floodplain. In accordance with Executive Order 11988, Floodplain Management and USDA Departmental Regulation 9500-3, Land Use Policy, the purpose of this notice is to inform the public of this proposed conversion or effect and request comments concerning the proposal, alternative sites or actions that would avoid these impacts, and methods that could be used to minimize these impacts. For questions regarding this proposal, contact Pam Hysong, USDA Area Director, 160 Zillicoa Street, Suite #2, Asheville, NC 28801, (828)-254-0916. Any person interested in commenting on this proposal should submit comments to the address above by January 30th, 2020.



Public Notice

Community Action Opportunities (CAO) is applying for $760,381 ($64,269 in Transylvania County) to the Office of Economic Opportunity-Community Services Block Grant in order to operate a Self-Sufficiency project in FY 20-21 in Buncombe, McDowell, Madison, Henderson, Transylvania and Polk Counties. CAO currently provides comprehensive case management services to help individuals and families move out of poverty for residents who meet income eligibility criteria and are ready/able to work full-time.

For more information about our programs visit:

CAO will host a public hearing to discuss programming on Thursday, February 6, 20 at 11am at the Transylvania County Library in Brevard, NC. CAO’s Board of Directors-Executive Committee is scheduled to meet to approve this application on Wednesday, February 12, 20 at 1pm at Community Action Opportunities, 25 Gaston St. in Asheville, NC.

The public is invited to attend both of these events in person or via webinar. Email with the webinar info of the event you would like to attend at least 24 hours prior to the event in order to receive the log-in information. Call 828.210.0601 or email for more information



Notice of Proposed

Tax-Emept Loan To Volunteer Fire Department

TO ALL MEMBERS OF THE GENERAL PUBLIC WHO RESIDE WITHIN THE FIRE DISTRICT OF North Transylvania FIRE RESCUE (NTFR) Department. A public hearing will be held on February 7, 2020, at 6 pm. at the North Transylvania Fire Rescue Station at 5299 Asheville Highway, Pisgah Forest, NC 28768 for the purpose of approving a proposed tax-exempt loan (vs. a conventional loan which carries a higher interest rate) by First-Citizens Bank & Trust Company to the Department. The purpose of the loan is to purchase a fire truck and the maximum principal amount of the loan is $230,000. The NTFR Department will own and operate the fire truck to be financed at the Department’s address which is shown above. At this meeting, you may submit written comments or participate orally. All members of the public are invited to attend.



Chevrolet Impala Bid

Transylvania County Schools has received a bid of $660.00 for a 2006 Chevrolet Impala. Upset bids of no less than $935.00 may be submitted by January 16, 2020 to:

Norris Barger

Transylvania County Schools

225 Rosenwald Lane

Brevard, NC 28712



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