The Transylvania Times -

Legal Notices for October 3, 2016

 

October 3, 2016



CREDITOR’S NOTICE

Having qualified as Executor of the Estate of Carolyn Merion Pollie, 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 on or before the 12th day of December, 2016, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

Laura Pollie McDowell,

Executor of the Estate of

Carolyn Merion Pollie, Deceased

Caroline T. Knox, CELA

Van Winkle, Buck, Wall, Starnes & Davis, P.A.

422 South Main Street

Hendersonville, NC 28792

M/9/12/4TC-63273

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NOTICE OF

PUBLIC SALE

PURSUANT TO

N.C. G.S. 44A-43(c)

Name and Address of Lienor:

Pisgah Mini Storage LLC

281 Whitmire St.

Brevard, NC 28712

Various items of personal property located at the above address are being sold pursuant to the assertion of a lien for rental at the self-service storage facility named above. Said items of property include miscellaneous items of personal belongings.

Unit numbers: A-3, A-7, A-9, C-16, G-17, J-22, K-13, K-20, F-26

Place of sale:

Pisgah Mini Storage LLC

281 Whitmire St., Brevard, NC 28712

Date of sale:

Saturday, October 8, 2016

Time of sale:

10:00 a.m.

MT/10/3/2TC-63473

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-314

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Gladys Mae Owen of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Gladys Mae Owen to present them to the undersigned on or before December 12, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: September 12, 2016.

Walter A. Owen

580 Stamey Creek Road

Brevard, NC 28712

M/9/12/4TP-63298

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16E321

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Leroy Summey of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Leroy Summey to present them to the undersigned on or before December 19, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: September 19, 2016.

Judy Kay Cheek

PO Box 802

Brevard, NC 28712

M/9/19/4TP-63342

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16E323

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Marianne B. Gove of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Marianne B. Gove to present them to the undersigned on or before December 19, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: September 19, 2016.

Karla Marie Bertlshofer

271 Fowler Lane

Brevard, NC 28712

M/9/19/4TP-63343

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UNITED STATES POSTAL

SERVICE ™

STATEMENT OF

OWNERSHIP, MANAGEMENT AND

CIRCULATION

(Required by 39 U.S.C. 3685)

1. Publication Title: The Transylvania Times.

2. Publication Number: 637-620.

3. Filing Date: 10/03/16

4. Issuance Frequency: semi-weekly.

5. Number of Issues Published Annually: 104.

6. Annual Subscription Prices: In County-$39.95, Out County-$59.95.

7. Complete Mailing Address of Known Office of Publication: 37 North Broad Street, Brevard, N.C. 28712. Contact Person: Sean A. Trapp. Telephone 828-883-8156.

8. Complete Mailing Address of Headquarters or General Business Office of Publisher: 37 North Broad Street, Brevard, N.C. 28712.

9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor. Publishers: Sean A. Trapp, 90 Briarwood Lane, Brevard, N.C. 28712 and Leigh A. Trapp, 600 E. Main St., Brevard, N.C. 28712. Editor: John Lanier, P.O. Box 96, Penrose, NC 28766. Managing Editor: Sean A. Trapp, 90 Briarwood Lane, Brevard, N.C. 28712.

10. Owner: The Transylvania Times Inc., 37 North Broad Street, Brevard, N.C. 28712, P.O. Box 32, Brevard, N.C. 28712-0032. Stella A. Trapp, 600 E. Main St., Brevard, N.C. 28712.

11. Known Bondholders, Mortgages, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages or Other Securities: Sean A. Trapp, 90 Briarwood Lane, Brevard, N.C., Leigh A. Trapp, 600 E. Main St., Brevard, N.C., Tyler Wiesner, 300 S. Santa Fe Ave. #3-546, Los Angeles, Calif. and Hesper Trapp, 90 Briarwood Lane, Brevard, N.C.

12. Tax Status: Has Not Changed During Preceding 12 months.

13. Publication Title: The Transylvania Times.

14. Issue Date for Circulation Data Below: 09/22/15.

15. Extent and Nature of Circulation:

A. Total No. Copies (Net Press Run): Average No. Copies Each Issue During Preceding 12 Months, 7,000; No. Copies of Single Issue Published Nearest to Filing Date, 7,000.

B. Legitimate Paid and/or Requested Distribution (1) Outside-County Paid/Requested Mail Subscriptions Stated on PS Form 3541: Average No. Copies Each Issue During Preceding 12 months, 780; No. Copies of Single issue Published Nearest to Filing Date, 681 (2) In-County Paid/Requested Mail Subscriptions Stated on PS Form 3526-R: Average No. Copies Each Issue During Preceding 12 months, 3,565; No. Copies of Single Issue Published Nearest to Filing Date, 3,684 (3) Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid or Requested Distribution Outside USPS®: Average No. Copies Each Issue During Preceding 12 months 1,869; No. Copies of Single Issue Published Nearest to Filing Date, 1,736 (4) Requested Copies Distributed by Other Mail Classes Through the USPS, none.

C. Total Paid and/or Requested Circulation (Sum of 15b. (1), (2), (3), and (4): Average No. copies each month during preceding 12 months, 6,214; No. Copies of Single Issue Published Nearest to Filing Date, 6,101.

D. Nonrequested Distribution (Samples, complimentary and other free) (1) Outside County Nonrequested Copies Stated on PS Form 3541: Average No. Copies Each Issue During Preceding 12 Months, 17; No. Copies of Single issue Published Nearest to Filing Date, 4. (2) In-County Nonrequested Copies Stated on PS Form 3541: Average No. Copies Each Issue During Preceding 12 Months, 22; No. Copies of Single Issue Published Nearest to Filing Date, 6. (3) Nonrequested Copies Distributed Through the USPS by Other Classes of Mail, none. (4) Nonrequested Copies Distributed Outside the Mail: Average No. Copies Each Issue During Preceding 12 months, 35; No. Copies of Single Issue Published Nearest to Filing Date, 35.

E. Total Nonrequested Distribution (Sum of 15d (1), (2), and (3), and (4), 45.

F. Total Distribution (Sum of 15c and 15e): Average No. Copies Each Issue During Preceding 12 Months, 6,288; No. Copies of Single Issue Published Nearest to Filing Date, 6,146.

G. Copies not Distributed: Average No. Copies Each Issue During Preceding 12 months, 712; No. Copies of Single Issue Published Nearest to Filing Date, 854.

H. Total (Sum of 15f, and g): Average No. Copies Each Issue During Preceding 12 months, 7,000; No. Copies of Single issue Published Nearest to Filing Date, 7,000.

I. Percent Paid and/or Requested Circulation (15c divided by f times 100): Average No. Copies Each Issue During Preceding 12 Months, 99%; No. Copies Single Issue Published Nearest Filing Date, 99%.

16. Publication of Statement of Ownership is required and will be printed in the Oct. 6, 2016 issue of this publication.

17. I certify that the statements made by me above are correct and complete.

Sean A. Trapp

Operations Manager

T/10/3/1TC-63478

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IN THE

GENERAL COURT OF JUSTICE

OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania COUNTY

16SP71

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY

PHILIP C. SWARTZ AND JILL E. SWARTZ DATED AUGUST 7, 2009 AND RECORDED IN BOOK DOC 510 AT PAGE 33 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 11:30AM on October 11, 2016 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:

Beginning at a stake in the North margin of the US Hwy 64, at the point of the intersection of the Western margin of Rhododendron Drive with the Northern margin of said US Hwy No. 64, and runs with the North margin of said US Hwy 64, South 65 deg 15 min West 75 feet to a stake in the Northern margin of said highway, the same being the Southeastern corner of Lot No. 28 of a plat hereinafter referred to; thence, with the line of said Lot No. 28 North 23 deg 30 min West 200 feet to a stake the same being the northeastern corner of Lot No. 28, of said plat hereinafter referred to; thence, North 65 deg 30 min East 63.7 feet to a stake in the Western margin of Rhododendron Dr thence with the Western margin of Rhododendron Dr South 27 deg East 200.1 feet to the beginning.

Being all of Lot No. 29, 30, 31, of Block 3 of the Norwood Subdivision, as shown on a plat of record in the Office of the Register of Deeds for Transylvania County, North Carolina, in Plat Book 1, Page 39.

And Being more commonly known as: 23 Rhododendron Dr, Brevard, NC 28712

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Philip C. Swartz and Jill E. Swartz.

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 September 19, 2016.

Grady I. Ingle or Elizabeth B. Ells Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

14-065691

M/9/26/2TC-63371

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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. 16-E-313

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Robert Edward Wilks of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Robert Edward Wilks to present them to the undersigned on or before December 12, 2016 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 12th day of September, 2016.

Christopher E. Meisel, 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/9/12/4TC-63306

 
 

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