The Transylvania Times -

Legal Notices: November 28, 2019

 

November 28, 2019



STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E321

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Jack Paul Deutschman of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Jack Paul Deutschman to present them to the undersigned on or before February 7, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 7, 2019.

Nancy L. Watson

3444 S. Stroud Ter.

Inverness, FL 34450

T/11/7/4TP-72827

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 90

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against Patrick Backes under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on April 22, 2019 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 19 M 49, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“All of Lot 42, Phase I, Whisper Lake Subdivision, according to the plat recorded in File 3, Slides 73 & 74, records of Plats for Transylvania County in the office of the Register of Deeds for Transylvania County, North Carolina.”

Being the lands described in North Carolina General Warranty Deed from STEVE DOERTER and JULIE A. DOERTER, husband and wife, to PATRICK BACKES and NAOMI E. BACKES, husband and wife, dated the 28 day of January, 2004 and recorded in Book 237, Page 799, and in North Carolina Non-Warranty Deed from NAOMI E. BACKES, Single and PATRICK BACKES, to PATRICK BACKES, dated the 6th day of November, 2018 and recorded in Book DOC 874, Page 781, both of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Patrick Backes.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72911

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E321

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Jack Paul Deutschman of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Jack Paul Deutschman to present them to the undersigned on or before February 7, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 7, 2019.

Nancy L. Watson

3444 S. Stroud Ter.

Inverness, FL 34450

T/11/7/4TP-72827

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 90

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against Patrick Backes under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on April 22, 2019 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 19 M 49, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“All of Lot 42, Phase I, Whisper Lake Subdivision, according to the plat recorded in File 3, Slides 73 & 74, records of Plats for Transylvania County in the office of the Register of Deeds for Transylvania County, North Carolina.”

Being the lands described in North Carolina General Warranty Deed from STEVE DOERTER and JULIE A. DOERTER, husband and wife, to PATRICK BACKES and NAOMI E. BACKES, husband and wife, dated the 28 day of January, 2004 and recorded in Book 237, Page 799, and in North Carolina Non-Warranty Deed from NAOMI E. BACKES, Single and PATRICK BACKES, to PATRICK BACKES, dated the 6th day of November, 2018 and recorded in Book DOC 874, Page 781, both of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Patrick Backes.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72911

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 94

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against Patricia J. Caputo, also known as Patricia Caputo, under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 153, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Lot 173, WHISPER LAKE SUBDIVISION PHASE II, recorded in Map Book/Plat Cabinet/File 3, Page/Slide 206-210 in the Office of the Register of Deeds of Transylvania County.”

Being the lands described in Corporation Deed dated the 22nd day of January, 1998 from Fairfield Communities, Inc., a Delaware corporation, to Kayo E. Morgan & Patricia J. Caputo, recorded in Book 430, Page 133, and in Quit Claim Deed dated the 6 day of August, 2004 from KAY ELWOOD MORGAN, a single man, to PATRICIA CAPUTO, a single woman, recorded in Book 256, Page 778, both of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Patricia Caputo, also known as Patricia J. Caputo.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14th day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72910

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 87

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against Alta Dawn Dale under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 134, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Associat-ion, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Lot 171 Whisper Lake Subdivision Phase I recorded in Map Book/Plat Cabinet/File 3, Page/Slide 73-74, 283 in the office of the Register of Deeds of Transylvania County.”

Being the lands described in Corporation Deed from Fairfield Communities, Inc. to Alta Dawn Dale dated the 22nd day of May, 2001 and recorded in Book 61, Page 384, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Alta Dawn Dale.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72912

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 90

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against John Allen Koval under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 137, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Lot 0149, Block 002, Whisper Lake Subdivision, as shown on and designated on that certain plat of Whisper Lake Subdivision Phase II, as recorded in Plat Cabinet 3, Slide(s) 206-210, in the office of the Register of Deeds of Transylvania County.”

Being the lands described in Sheriff’s Deed from GEOFFREY E. SHEPHERD, Sheriff of Transylvania County, to JOHN ALLEN KOVAL (a married man), dated the 26 day of October, 2005 and recorded in Book DOC 331, Page 375, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is John Allen Koval.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72913

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 92

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against MPZ Management, LLC, a dissolved Florida limited liability company, under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on April 22,2 019 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 19 M 49, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“BEING ALL of Lot 30 of Phase I of Whisper Lake Subdivision as shown on a plat thereof recorded in Plat file 3, Slides 73-74, Records of Plats for Transylvania County in the office of the Register of Deeds for Transylvania County.”

Being the lands described in North Carolina General Warranty Deed from William Trupiano and wife, Stephanie T. Trupiano, to MPZ Management, LLC, a Florida limited liability company, dated the 30th day of August, 2007 and recorded in Book DOC 425, Page 662, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is MPZ Management, LLC, a now-dissolved Florida limited liability company.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72914

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 90

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against Robert Patterson and James Patterson, Heirs of Gerald D. Patterson, deceased, under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on December 6, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 143, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Lot 154 Whisper Lake Subdivision Phase II recorded in Map Book/Plat Cabinet/File 3, Page/Slide 206-210 in the office of the Register of Deeds for Transylvania County.”

Being the lands described in Corporation Deed from Fairfield Communities, Inc. to Gerald D. Patterson dated the 10th day of October, 1997 and recorded in Book 425, Page 298, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Gerald D. Patterson, deceased.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72915

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 88

In the Matter of Foreclosure of a Claim of Lien filed against Transmountain Investment Company, a business entity of unknown type, under Power of Sale.

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 133, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Beginning at an iron pin at the common Western corner of Lots 280 and 279 in Whisper Lake Subdivision Phase III, as shown on the Plat recorded in Plat File 4, Slide 96, and running then South 20°07’48” West 155.16 feet to an iron pin; then South 78°45’58” West 394.97 feet to an iron pin at the northern common corner of Lots 250 and 251; then North 17°29’12” West 237.08 feet to an iron pin in the southern margin of the right of way for Whisper Winds Court, as shown on the referenced Plat and on the Plat for Phase II as recorded in Plat File 3, Slide 209; then with the right of way for Whisper Winds Court along the courses and distances specified on the referenced Plats to the point of beginning. This description is for all of Lot 261 in Phase II and Lot 262 in Phase III, which shall be considered combined for all purposes, including taxation, site planning, utilities and assessment, and which shall be known as Lot 262R.”

Being the lands described in North Carolina Special Warranty Deed from TRANSMOUNTAIN INVESTMENT COMPANY, a North Carolina General Partnership, to TRANSMOUNTAIN INVESTMENT COMPANY, dated the 2nd day of February, 2012 and recorded 12-14-2012 in Book DOC 636, Page 798, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Transmountain Investment Company.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 16 day of October, 2019.

/Emily Montoya/, for

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72740

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 93

In the Matter of Foreclosure of a Claim of Lien filed against Andrew Bryant under Power of Sale.

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 135, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“BEING all of Lot 263 in Whisper Lake, Phase II, as shown on the Plat recorded in Plat File 3, Slide 209, Transylvania County Registry, to which plat reference is hereby made for a more particular description.”

Being the lands described in North Carolina General Warranty Deed from Pieter Van Arkel, and Carol Van Arkel, a married couple, to Andrew Bryant, a married person, dated the 2 day of May, 2016 and recorded in Book DOC 761, Page 707, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Andrew Bryant.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 16 day of October, 2019.

/Emily Montoya/, for

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72741

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E278

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Paul Lynwood Hires of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Paul Lynwood Hires to present them to the undersigned on or before February 7, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 7, 2019.

Heather Hires

159 Willow Lane

Rosman, NC 28772

T/11/7/4TP-72828

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

NOTICE TO CREDITORS AND DEBTORS OF

WILLIAM E. RIGLER

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK FILE NO. 19-E-273

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of William E. Rigler of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of William E. Rigler to present them to the undersigned on or before February 27, 2020, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 26th day of November, 2019.

Sandra Welborn, Executor

c/o Henson Law

P.O. Box 386 Cashiers NC 28717

828-743-2453

ATTORNEY:

Erin J. Moorman

J. Edwin Henson, PLLC d/b/a Henson Law

107 Chestnut Square

P. O. Box 386

Cashiers, NC 28717

828-743-2453

T/11/28/4TC-72997

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E321

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Jack Paul Deutschman of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Jack Paul Deutschman to present them to the undersigned on or before February 7, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 7, 2019.

Nancy L. Watson

3444 S. Stroud Ter.

Inverness, FL 34450

T/11/7/4TP-72827

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 90

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against Patrick Backes under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on April 22, 2019 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 19 M 49, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“All of Lot 42, Phase I, Whisper Lake Subdivision, according to the plat recorded in File 3, Slides 73 & 74, records of Plats for Transylvania County in the office of the Register of Deeds for Transylvania County, North Carolina.”

Being the lands described in North Carolina General Warranty Deed from STEVE DOERTER and JULIE A. DOERTER, husband and wife, to PATRICK BACKES and NAOMI E. BACKES, husband and wife, dated the 28 day of January, 2004 and recorded in Book 237, Page 799, and in North Carolina Non-Warranty Deed from NAOMI E. BACKES, Single and PATRICK BACKES, to PATRICK BACKES, dated the 6th day of November, 2018 and recorded in Book DOC 874, Page 781, both of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Patrick Backes.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72911

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 94

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against Patricia J. Caputo, also known as Patricia Caputo, under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 153, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Lot 173, WHISPER LAKE SUBDIVISION PHASE II, recorded in Map Book/Plat Cabinet/File 3, Page/Slide 206-210 in the Office of the Register of Deeds of Transylvania County.”

Being the lands described in Corporation Deed dated the 22nd day of January, 1998 from Fairfield Communities, Inc., a Delaware corporation, to Kayo E. Morgan & Patricia J. Caputo, recorded in Book 430, Page 133, and in Quit Claim Deed dated the 6 day of August, 2004 from KAY ELWOOD MORGAN, a single man, to PATRICIA CAPUTO, a single woman, recorded in Book 256, Page 778, both of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Patricia Caputo, also known as Patricia J. Caputo.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14th day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72910

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 87

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against Alta Dawn Dale under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 134, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Associat-ion, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Lot 171 Whisper Lake Subdivision Phase I recorded in Map Book/Plat Cabinet/File 3, Page/Slide 73-74, 283 in the office of the Register of Deeds of Transylvania County.”

Being the lands described in Corporation Deed from Fairfield Communities, Inc. to Alta Dawn Dale dated the 22nd day of May, 2001 and recorded in Book 61, Page 384, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Alta Dawn Dale.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72912

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 90

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against John Allen Koval under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 137, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Lot 0149, Block 002, Whisper Lake Subdivision, as shown on and designated on that certain plat of Whisper Lake Subdivision Phase II, as recorded in Plat Cabinet 3, Slide(s) 206-210, in the office of the Register of Deeds of Transylvania County.”

Being the lands described in Sheriff’s Deed from GEOFFREY E. SHEPHERD, Sheriff of Transylvania County, to JOHN ALLEN KOVAL (a married man), dated the 26 day of October, 2005 and recorded in Book DOC 331, Page 375, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is John Allen Koval.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72913

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 92

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against MPZ Management, LLC, a dissolved Florida limited liability company, under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on April 22,2 019 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 19 M 49, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“BEING ALL of Lot 30 of Phase I of Whisper Lake Subdivision as shown on a plat thereof recorded in Plat file 3, Slides 73-74, Records of Plats for Transylvania County in the office of the Register of Deeds for Transylvania County.”

Being the lands described in North Carolina General Warranty Deed from William Trupiano and wife, Stephanie T. Trupiano, to MPZ Management, LLC, a Florida limited liability company, dated the 30th day of August, 2007 and recorded in Book DOC 425, Page 662, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is MPZ Management, LLC, a now-dissolved Florida limited liability company.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72914

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 90

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against Robert Patterson and James Patterson, Heirs of Gerald D. Patterson, deceased, under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on December 6, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 143, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Lot 154 Whisper Lake Subdivision Phase II recorded in Map Book/Plat Cabinet/File 3, Page/Slide 206-210 in the office of the Register of Deeds for Transylvania County.”

Being the lands described in Corporation Deed from Fairfield Communities, Inc. to Gerald D. Patterson dated the 10th day of October, 1997 and recorded in Book 425, Page 298, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Gerald D. Patterson, deceased.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72915

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 88

In the Matter of Foreclosure of a Claim of Lien filed against Transmountain Investment Company, a business entity of unknown type, under Power of Sale.

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 133, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Beginning at an iron pin at the common Western corner of Lots 280 and 279 in Whisper Lake Subdivision Phase III, as shown on the Plat recorded in Plat File 4, Slide 96, and running then South 20°07’48” West 155.16 feet to an iron pin; then South 78°45’58” West 394.97 feet to an iron pin at the northern common corner of Lots 250 and 251; then North 17°29’12” West 237.08 feet to an iron pin in the southern margin of the right of way for Whisper Winds Court, as shown on the referenced Plat and on the Plat for Phase II as recorded in Plat File 3, Slide 209; then with the right of way for Whisper Winds Court along the courses and distances specified on the referenced Plats to the point of beginning. This description is for all of Lot 261 in Phase II and Lot 262 in Phase III, which shall be considered combined for all purposes, including taxation, site planning, utilities and assessment, and which shall be known as Lot 262R.”

Being the lands described in North Carolina Special Warranty Deed from TRANSMOUNTAIN INVESTMENT COMPANY, a North Carolina General Partnership, to TRANSMOUNTAIN INVESTMENT COMPANY, dated the 2nd day of February, 2012 and recorded 12-14-2012 in Book DOC 636, Page 798, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Transmountain Investment Company.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 16 day of October, 2019.

/Emily Montoya/, for

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72740

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 93

In the Matter of Foreclosure of a Claim of Lien filed against Andrew Bryant under Power of Sale.

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 135, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“BEING all of Lot 263 in Whisper Lake, Phase II, as shown on the Plat recorded in Plat File 3, Slide 209, Transylvania County Registry, to which plat reference is hereby made for a more particular description.”

Being the lands described in North Carolina General Warranty Deed from Pieter Van Arkel, and Carol Van Arkel, a married couple, to Andrew Bryant, a married person, dated the 2 day of May, 2016 and recorded in Book DOC 761, Page 707, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Andrew Bryant.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 16 day of October, 2019.

/Emily Montoya/, for

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72741

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E278

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Paul Lynwood Hires of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Paul Lynwood Hires to present them to the undersigned on or before February 7, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 7, 2019.

Heather Hires

159 Willow Lane

Rosman, NC 28772

T/11/7/4TP-72828

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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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NOTICE TO CREDITORS AND DEBTORS OF

WILLIAM E. RIGLER

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK FILE NO. 19-E-273

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of William E. Rigler of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of William E. Rigler to present them to the undersigned on or before February 27, 2020, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 26th day of November, 2019.

Sandra Welborn, Executor

c/o Henson Law

P.O. Box 386 Cashiers NC 28717

828-743-2453

ATTORNEY:

Erin J. Moorman

J. Edwin Henson, PLLC d/b/a Henson Law

107 Chestnut Square

P. O. Box 386

Cashiers, NC 28717

828-743-2453

T/11/28/4TC-72997

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 94

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against Patricia J. Caputo, also known as Patricia Caputo, under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 153, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Lot 173, WHISPER LAKE SUBDIVISION PHASE II, recorded in Map Book/Plat Cabinet/File 3, Page/Slide 206-210 in the Office of the Register of Deeds of Transylvania County.”

Being the lands described in Corporation Deed dated the 22nd day of January, 1998 from Fairfield Communities, Inc., a Delaware corporation, to Kayo E. Morgan & Patricia J. Caputo, recorded in Book 430, Page 133, and in Quit Claim Deed dated the 6 day of August, 2004 from KAY ELWOOD MORGAN, a single man, to PATRICIA CAPUTO, a single woman, recorded in Book 256, Page 778, both of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Patricia Caputo, also known as Patricia J. Caputo.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14th day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72910

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 87

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against Alta Dawn Dale under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 134, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Associat-ion, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Lot 171 Whisper Lake Subdivision Phase I recorded in Map Book/Plat Cabinet/File 3, Page/Slide 73-74, 283 in the office of the Register of Deeds of Transylvania County.”

Being the lands described in Corporation Deed from Fairfield Communities, Inc. to Alta Dawn Dale dated the 22nd day of May, 2001 and recorded in Book 61, Page 384, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Alta Dawn Dale.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72912

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 90

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against John Allen Koval under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 137, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Lot 0149, Block 002, Whisper Lake Subdivision, as shown on and designated on that certain plat of Whisper Lake Subdivision Phase II, as recorded in Plat Cabinet 3, Slide(s) 206-210, in the office of the Register of Deeds of Transylvania County.”

Being the lands described in Sheriff’s Deed from GEOFFREY E. SHEPHERD, Sheriff of Transylvania County, to JOHN ALLEN KOVAL (a married man), dated the 26 day of October, 2005 and recorded in Book DOC 331, Page 375, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is John Allen Koval.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72913

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 92

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against MPZ Management, LLC, a dissolved Florida limited liability company, under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on April 22,2 019 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 19 M 49, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“BEING ALL of Lot 30 of Phase I of Whisper Lake Subdivision as shown on a plat thereof recorded in Plat file 3, Slides 73-74, Records of Plats for Transylvania County in the office of the Register of Deeds for Transylvania County.”

Being the lands described in North Carolina General Warranty Deed from William Trupiano and wife, Stephanie T. Trupiano, to MPZ Management, LLC, a Florida limited liability company, dated the 30th day of August, 2007 and recorded in Book DOC 425, Page 662, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is MPZ Management, LLC, a now-dissolved Florida limited liability company.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72914

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 90

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

In the Matter of Foreclosure of a Claim of Lien filed against Robert Patterson and James Patterson, Heirs of Gerald D. Patterson, deceased, under Power of Sale.

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on December 6, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 143, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, 2019 at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Lot 154 Whisper Lake Subdivision Phase II recorded in Map Book/Plat Cabinet/File 3, Page/Slide 206-210 in the office of the Register of Deeds for Transylvania County.”

Being the lands described in Corporation Deed from Fairfield Communities, Inc. to Gerald D. Patterson dated the 10th day of October, 1997 and recorded in Book 425, Page 298, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Gerald D. Patterson, deceased.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 14 day of November, 2019.

/Emily Montoya for

J. K. Coward/

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72915

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 88

In the Matter of Foreclosure of a Claim of Lien filed against Transmountain Investment Company, a business entity of unknown type, under Power of Sale.

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 133, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“Beginning at an iron pin at the common Western corner of Lots 280 and 279 in Whisper Lake Subdivision Phase III, as shown on the Plat recorded in Plat File 4, Slide 96, and running then South 20°07’48” West 155.16 feet to an iron pin; then South 78°45’58” West 394.97 feet to an iron pin at the northern common corner of Lots 250 and 251; then North 17°29’12” West 237.08 feet to an iron pin in the southern margin of the right of way for Whisper Winds Court, as shown on the referenced Plat and on the Plat for Phase II as recorded in Plat File 3, Slide 209; then with the right of way for Whisper Winds Court along the courses and distances specified on the referenced Plats to the point of beginning. This description is for all of Lot 261 in Phase II and Lot 262 in Phase III, which shall be considered combined for all purposes, including taxation, site planning, utilities and assessment, and which shall be known as Lot 262R.”

Being the lands described in North Carolina Special Warranty Deed from TRANSMOUNTAIN INVESTMENT COMPANY, a North Carolina General Partnership, to TRANSMOUNTAIN INVESTMENT COMPANY, dated the 2nd day of February, 2012 and recorded 12-14-2012 in Book DOC 636, Page 798, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Transmountain Investment Company.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 16 day of October, 2019.

/Emily Montoya/, for

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72740

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

19 SP 93

In the Matter of Foreclosure of a Claim of Lien filed against Andrew Bryant under Power of Sale.

NOTICE OF FORECLOSURE SALE UNDER CLAIM OF LIEN

Under and by virtue of the power and authority contained in that certain Declaration of Protective Covenants for Whisper Lake Subdivision which is recorded in Book 293, page 584, Transylvania County Register of Deeds, as supplement and amended in both the Transylvania and Jackson County Register of Deeds (hereinafter collectively “Covenants”), and that certain Claim of Lien filed on November 20, 2018 (hereinafter “Claim of Lien”), which lien was assigned Transylvania County court file number 18 M 135, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of Whisper Lake Property Owners Association, Inc., the holder of the indebtedness secured by said Claim of Lien, and pursuant to the Order of the Clerk of Superior Court for Transylvania County, North Carolina entered in this foreclosure proceeding, the undersigned, J. K. Coward, Jr., Trustee, will offer for sale at public auction to the highest bidder for cash on the 12th day of December, at 10:00 a.m., at the door of the Transylvania County courthouse, 7 E. Main Street, Brevard, North Carolina, the following described property:

“BEING all of Lot 263 in Whisper Lake, Phase II, as shown on the Plat recorded in Plat File 3, Slide 209, Transylvania County Registry, to which plat reference is hereby made for a more particular description.”

Being the lands described in North Carolina General Warranty Deed from Pieter Van Arkel, and Carol Van Arkel, a married couple, to Andrew Bryant, a married person, dated the 2 day of May, 2016 and recorded in Book DOC 761, Page 707, of the Transylvania County Register of Deeds.

The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Claim of Lien; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Claim of Lien shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.

The record owner of the property as reflected on the records of the Transylvania County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Andrew Bryant.

Pursuant to N.C. General Statutes § 45-21.10(b) and the terms of the Covenants and Claim of Lien, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes § 45-21.30(d) and (e).

This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.

This the 16 day of October, 2019.

/Emily Montoya/, for

J. K. Coward, Jr., Trustee

705 West Main Street

Sylva, NC 28779

(828) 586-2147

T/11/28/2TC-72741

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E278

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Paul Lynwood Hires of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Paul Lynwood Hires to present them to the undersigned on or before February 7, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: November 7, 2019.

Heather Hires

159 Willow Lane

Rosman, NC 28772

T/11/7/4TP-72828

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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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NOTICE TO CREDITORS AND DEBTORS OF

WILLIAM E. RIGLER

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK FILE NO. 19-E-273

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of William E. Rigler of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of William E. Rigler to present them to the undersigned on or before February 27, 2020, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 26th day of November, 2019.

Sandra Welborn, Executor

c/o Henson Law

P.O. Box 386 Cashiers NC 28717

828-743-2453

ATTORNEY:

Erin J. Moorman

J. Edwin Henson, PLLC d/b/a Henson Law

107 Chestnut Square

P. O. Box 386

Cashiers, NC 28717

828-743-2453

T/11/28/4TC-72997

 
 

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