Legal Notices: January 27, 2020

 

Last updated 1/27/2020 at 3:42pm



STATE OF North Carolina

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E25

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Rachel Clark Davenport of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Rachel Clark Davenport to present them to the undersigned on or before April 27, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 27, 2020.

Stephan A. Davenport

705 S. Greenwood Ave.

Chattanooga, TN 37404

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E12

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Co-Administrators of the Estate of Roger Dale Gray of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Roger Dale Gray to present them to the undersigned on or before April 20, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 20, 2020.

Jennifer Yoder

161 Ralph Sheriff Rd

Seneca, SC 29678

Heidi Ball

1465 Heekin Rd

Williamstown, KY 41097

M/1/20/4TP-73323

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North CAROLINA

Transylvania COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 19 E 380

IN THE MATTER OF THE ESTATE OF

PRISCILLA P. SMITH, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Executor of the Estate of Priscilla P. Smith, deceased, late of Transylvania County, North Carolina, 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 April 6, 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 6th day of January, 2020.

Eli M. Jones, Executor

Estate of Priscilla P. Smith

Lee C. Mulligan,

Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

M/1/6/4TC-73239

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E05

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Geraldine Shelton Whitmire of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Geraldine Shelton Whitmire to present them to the undersigned on or before April 13, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 13, 2020.

Laury Pressley

PO Box 1707

Brevard, NC 28712

Virginia Honeycutt

1983 King Road

Pisgah Forest, NC 28768

M/1/13/4TP-73286

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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.

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NOTICE OF FORECLOSURE SALE

North Carolina, Transylvania COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Richard M. Britt and Betty O. Britt to Michael Lyon, Trustee(s), which was dated September 10, 2016 and recorded on September 14, 2016 in Book DOC 776 at Page 753, Transylvania County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, 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 county courthouse for conducting the sale on February 10, 2020 at 10:30AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

Land Situated in the Township of Eastatoe in the County of Transylvania in the State of NC

BEING THAT PROPERTY LOCATED IN THE EASTATOE TOWNSHIP, Transylvania County NORTH Carolina AND BEING MORE PARTICUL-ARLY DESCRIBED AS FOLLOWS:

BEGINNING AT AN IRON PIN IN THE Western LINE OF LOT 3A OF THE SUBDIVISION OF A PORTION OF LOT 21 OF THE FORMER LINE RUNNER RIDGE ASSOCIATES PROPERTY AS SURVEYED BY PERRY R. RAXTER, R.L.S., ON SEPTEMBER 8, 1980, AND AS SHOWN ON AN UNRECORDED PLAT DESIGNATED AS DRAWING NO. (17 X 17) (395) (W-245), SAID IRON PIN ALSO STANDING North 1 DEG. 13 MIN. WEST 177.56 FEET FROM A CONCRETE CONTROL CORNER WHICH IS LOCATED IN THE SOUTHWEST CORNER OF LOT 2A SAID IRON PIN ALSO STANDING SOUTH 1 DEG 13 MIN. EAST 177.96 FEET FROM THE CONCRETE CONTROL CORNER WHICH IS LOCATED IN THE NORTHWESTERN CORNER OF LOT 5A, SAID IRON PIN ALSO STANDING AT THE NORTHWESTERN CORNER OF A .347 ACRE TRACT WHICH HAS BEEN OR SHALL BE CONVEYED BY THE GRANTOR TO JOHN D. OWINGS AND WIFE; THENCE FROM THE BEGINNING POINT AS SO LOCATED WITH THE COMMON BOUNDARY LINE OF THE .347 ACRE TRACT WHICH HAS BEEN OR SHALL BE CONVEYED TO JOHN D. OWINGS AND WIFE North 61 DEG. 8 MIN. 30 SEC. EAST 102.11 FEET TO THE WESTERNMOST CORNER OF THE .237 ACRE TRACT PREVIOUSLY CONVEYED TO DAVID R. FINELLI AND WIFE; THENCE WITH THE Western LINE OF THE FINELLI TRACT North 21 DEG. 38 MIN. EAST 68.08 FEET TO A POINT IN THE COMMON BOUNDARY BETWEEN LOTS 4A AND 5A OF THE SUBDIVISION OF A PORTION OF LOT 21 OF THE FORMER LINE RUNNER RIDGE ASSOCIATES PROPERTY; THENCE WITH THE COMMON BOUNDARY LINE BETWEEN LOTS 4A AND 5A SOUTH 85 DEG. 32 MIN. WEST 117.07 FEET TO THE NORTHWESTERN CORNER OF LOT 4A; THENCE SOUTH 1 DEG. 13 MIN. EAST 103.5 FEET TO THE POINT AND PLACE OF BEGINNING, CONTAINING .189 ACRES, MORE OR LESS, AND BEING A PORTION OF LOT 3A AND LOT 4A OF THE SUBDIVISION OF A PORTION OF LOT 21 OF THE FORMER LINE RUNNER RIDGE ASSOCIATES PROPERTY. THE FOREGOING DESCRIPTION IS TAKEN FROM A SURVEY OF THE PROPERTY PREPARED BY P. R. RAXTER, R.L.S. (DRAWING NO. P-224A (7-418)).

THERE IS ALSO CONVEYED HEREWITH THOSE RIGHTS OF WAY AND EASEMENTS DESCRIBED IN THE DEED FROM DAVID R. FINELLI AND WIFE TO FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF HENDERSONVILLE, DATED SEPTEMBER 8, 1986, RECORDED IN DEED BOOK 294, AT PAGE 644, OF THE Transylvania County REGISTRY, INCLUDING SPECIFICALLY A RIGHT OF WAY OF THE EXISTING DRIVEWAY EXTENDING FROM THE SOUTHEASTERN CORNER OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN A SOUTHEASTERLY DIRECTION TO THE 60 FOOT WIDE RIGHT OF WAY OF THE LOGGING ROAD WHICH LEADS TO THE PUBLIC ROAD. THERE IS FURTHER CONVEYED HEREWITH THE NON-EXCLUSIVE RIGHT TO USE THE OLD LOGGING ROAD WHICH RUNS ALONG THE EASTERN BOUNDARY LINE OF THE FINELLI PROPERTY TO THE LINE RUNNER LAKE ROAD, TOGETHER WITH THE RIGHT TO USE IN COMMON WITH OTHER PROPERTY OWNERS THE ROAD FROM THE PICKENS HIGHWAY TO LOT 21 OF THE FORMER LINE RUNNER RIDGE ASSOCIATES PROPERTY AND THE ROAD TO THE 8 ACRE LAKE FOR THE PURPOSE OF ACCESS TO AND FROM SAID LAKE IN COMMON WITH ALL OTHERS ENTITLED TO THE USE THEREOF.

THE PARCEL IMMEDIATELY TO THE SOUTH OF THE .189 ACRE TRACT CONVEYED BY THIS INSTRUMENT IS A .347 ACRE TRACT WHICH HAS BEEN OR SHALL BE CONVEYED BY THE GRANTOR TO JOHN D. OWINGS AND WIFE. THERE IS A WELL LOCATED UPON THE .347 ACRE TRACT. THE WELL IS LOCATED APPROXIMATELY 37 FEET IN A SOUTH-EASTERLY DIRECTION FROM THE SOUTHER-NMOST CORNER OF THE .189 ACRE TRACT. THIS WELL SERVICES THE RESIDENCE CONSTRU-TED UPON THE .347 ACRE TRACT AS WELL AS THE RESIDENCE LOCATED UPON THE .189 ACRE TRACT CONVEYED BY THIS INSTRUMENT. THE WELL LOCATED UPON SAID .347 ACRE TRACT IS HEREBY DEDICATED FOR THE USE AND BENEFIT OF THE .347 ACRE TRACT AS WELL AS THE .189 ACRE TRACT CONVEYED BY THIS INSTRUMENT. THE OWNERS OF THESE TWO PARCELS AND THEIR SUCCESSORS IN INTEREST SHALL HAVE THE RIGHT TO TAKE WATER FROM AND TO UTILIZE, MAINTAIN, REPAIR, EXPAND, AND REPLACE THE EXISTING WELL, PUMP, RESERVOIR, AND WATER DELIVERY SYSTEM FOR RESIDENTIAL PURPOSES. THE COST OF THE UTILIZATION, MAINTENANCE, REPAIR AND REPLACEMENT OF THE WELL, PUMP, AND RESERVOIR SHALL BE BORNE EQUALLY BY THE OWNER OR OWNERS OF THE .189 ACRE TRACT AND BY THE OWNER OR OWNERS OF THE .347 ACRE TRACT. THE COST OF THE UTILIZATION, MAINTENANCE, REPAIR AND REPLACEMENT OF THE WATER DELIVERY LINES SHALL BE SHARED EQUALLY TO THE EXTENT THE LINES SERVE BOTH PROPERTIES, AND SHALL BE BORNE SEPARATELY TO THE EXTENT THE LINES SERVE ONE PARCEL OR THE OTHER. THE BENEFITS AND BURDENS OF THE EASEMENT CREATED BY THIS PARAGRAPH SHALL RUN WITH THE LAND FOR THE BENEFIT OF THE .189 ACRE TRACT AND THE .347 ACRE TRACT AND SHALL INURE THE BENEFIT OF THE OWNERS OF THOSE PARCELS AND THEIR SUCCESSORS IN INTEREST.

THE PROPERTY ADDRESS AND TAX PARCEL IDENTIFICATION NUMBER LISTED ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES.

NOTE: The Company is prohibited from insuring the area or quantity of the land. The Company does not represent that any acreage or footage calculations are correct. References to quantity are for identification purposes only.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 73 Pine Road, Rosman, NC 28772.

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 Richard M. Britt and wife, Betty O. Britt.

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 § 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 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.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive

Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No .: 19-13113-FC01

M/1/27/2TC-73328

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NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF North CAROLINA

Transylvania COUNTY

19-JA-49 District Court Division

IN RE THE MATTER OF E.D. (female-born 10/16/2019)

[Unknown Father]:

Take notice that a termination proceeding has been filed in Transylvania County District regarding the above-entitled action concerning a female juvenile with a birth date of 10/16/2019. The nature of the relief being sought is as follows: The pleading alleges that E.D. is a dependent juvenile. You have the right to be represented by an attorney; and if you cannot afford your own, one will be appointed for you. You have been provisionally appointed to Brentley Cronquist and you can reach her at 828-884-6675. You can also waive your right to an attorney and proceed pro se. If a Court finds the allegations in the Petition to be true, the Court shall conduct a dispositional hearing and enter an order to best meet the juvenile’s needs. Take Notice that upon proper notice and hearing and a finding based on the criteria set out in G.S. 7B-1111, these proceedings may end with your parental rights being terminated. You are required to make defense to such pleading no later than forty (40) days from the first publication of this notice. If you fail to do so, the Petitioner will apply to the Court for the relief sought.

This, the 17th day of January, 2020

Mary Ann Hollocker, Esq.

NC Bar: 47812

106 E. Morgan St.

Brevard, NC 28712

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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. 20-E-10

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of June E. Calyore of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of June E. Calyore to present them to the undersigned on or before April 20, 2020, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 20th day of January, 2020.

Michael K. Pratt,

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/1/20/4TC-73327

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NOTICE OF

PRIMARY ELECTION

Transylvania COUNTY, North CAROLINA

Notice is hereby given pursuant to GS 163-33(8) that a primary election will be held on Tuesday, March 3, 2020 in Transylvania County to vote in the following contests:

President for the Constitution Party ballot; President, US Senate, US House of Representatives District 11, NC Governor, NC Lieutenant Governor, NC Auditor, NC Commiss-ioner of Agriculture, NC Superintendent of Public Instruction, NC Treasurer, NC State Senate District 48 for the Democratic Party ballot; President for the Green Party ballot; President for the Libertarian Party ballot; President, US Senate, US House of Representatives District 11, NC Governor, NC Lieutenant Governor, NC Attorney General, NC Auditor, NC Commissioner of Insurance, NC Commissioner of Labor, NC Secretary of State, NC Superintendent of Public Instruction for the Republican Party ballot.

Polls will be open from 6:30 a.m. to 7:30 p.m. on the day of the election, Tuesday, March 3. One-stop early voting will be held at the Election Center Conference Room. One-stop early voting will be open from Thursday, February 13 until Saturday, February 29.

February 13-14

8:00 am – 7:30 pm

February 15 (Sat.)

8:00 am – 1:00 pm

February 17-21

8:00 am – 7:30 pm

February 22 (Sat.)

8:00 am – 1:00 pm

February 24-28

8:00 am – 7:30 pm

February 29 (Sat.)

8:00 am – 3:00 pm

Canvass will be held in the Transylvania County Election Center at 11:00 a.m. on Friday, March 13.

Absentee voting by mail is available. Requests for an absentee ballot must be made on an absentee request form (available on the State Board of Elections website, on the Transylvania County Board of Elections website and the Election Center office), and must be received in the Transylvania County Board of Elections office or one-stop early voting site by 5:00 p.m. on Tuesday, February 25. Absentee voting requires the voter to complete an application on the return envelope that must be witnessed by two qualified persons or a notary public. Completed absentee ballots must be mailed or hand-delivered by the VOTER OR A NEAR RELATIVE/ LEGAL GUARDIAN to the Transylvania County Board of Elections by 5:00 p.m. on Election Day (ballots received by mail after this time will be timely if received within three business days and postmarked by Election Day). Voters may receive assistance voting a mail-in absentee ballot from a qualified person of their choice. If the voter lives in a facility such as a nursing home, and the voter’s near relative or legal guardian is not available, the voter or the facility can arrange to have the county board of elections schedule a visit by a Multipartisan Assistance Team to provide assistance and serve as witnesses.

All Constitution, Democrat, Green, Libertarian, Republican, and Unaffiliated persons who are registered to vote with the Transylvania County Board of Elections may vote in this election.

Persons who are not already registered to vote in the county must register by Friday, February 7 to be eligible to vote in this election. Voters who are not registered in the county by that deadline may register and vote during one stop early voting only, and will be required to provide documentation of their identity and residence. Voters who wish to change party affiliation or who have changed name or address must do so by the registration deadline. Voters who fail to timely make a change in name or address in the county must update the information when presenting to vote, and may be required to vote a provisional ballot.

Voters voting in person are entitled to assistance by an election official, or, if assistance is needed due to disability or illiteracy, by a qualified person of their choice. Voting sites are accessible to all voters. Curbside voting is available for voters who are not able to enter voting sites.

Persons with questions about registration, polling places, early voting, absentee ballots, a Multipartisan Assistance Team visit to a facility, or other election matters may call the Transylvania County Board of Elections Office at 828-884-3114 or visit the website at http://www.transylvaniaelections.org

Sara Champion, Chair

Transylvania County Board of Elections

M/1/20/3TC-73316

 
 

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