Dec. 02, 2004
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Volume 79, No. 36


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LEGALS
Notice: The Sylva Herald doesn't guarantee any information contained within the classifieds section. Some classifieds may contain inaccurate information that was provided to us by customer. You should independently verify any listing that might be of question. We are not held liable/responsible for any typographical errors.


NOTICE OF ADMINISTRATION

Having qualified as Executor of the estate of Mildred R. Marsden, deceased, late of Jackson County, North Carolina, this is to notify all persons having claims against said estate to present them, duly verified, to the undersigned at 100 Rolling Hills, Cashiers, NC 28717, on or before the 11th day of February , 2004, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate settlement with the undersigned. This the 1st day of November, 2004.

Thomas D. Marsden, Executor

Estate of Mildred R. Marsden

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NOTICE OF ADMINISTRATION

Having qualified as Administratrix of the estate of James Michael Terrell, deceased, late of Jackson County, North Carolina, this is to notify all persons having claims against said estate to present them, duly verified, to the undersigned at PO Box 186, Dillsboro, NC 28725, on or before the 11th day of February , 2004, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate settlement with the undersigned. This the 2nd day of November, 2004.

Suzanne Thompson Terrell, Administratrix

Estate of James Michael Terrell

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NOTICE TO CREDITORS

Having qualified as Co-Executors of the Estate of David S. Foster, deceased, late of Jackson County, North Carolina, this is to notify all persons, firms and corporations having claims against the Estate of said deceased to exhibit them to:

Philip G. Carson

Adams Hendon, Carson, Crow & Saenger, P.A.

P.O. Box 2714

Asheville, NC 28802

on or before the 20th day of February, 2005, or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 9th day of November, 2004.

Elise Labbe Foster Lander, Donald Patch Foster and Chadford Wells Foster, Co-Executors

Estate of David S. Foster

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FOR SALE

The Jackson County Board of Commissioners is seeking bids for the sale of four residential structures in preparation for future improvements to the Smoky Mountain High School campus. The houses are at the following locations:

House #1. 35 Alexander St., Sylva. Located off Nc 107 between the north parking lot exit from Smoky Mountain High School and the dental office of Dr. Richard Dimsdale.

House #2. 16 Alexander St., Sylva. Located off NC 107 between the north parking lot exit from Smoky Mountain High School and the dental office of Dr. Richard Dimsdale.

House #3. 36 Alexander St., Sylva. Located off NC 107 between the north parking lot exit from Smoky Mountain High School and the dental office of Dr. Richard Dimsdale.

House #4. 75 Jones St., Sylva. Located off NC 107 between the Triple B Convenience Store and Bryson Rock Sales. First house on left.

Each of the houses will be open and available for inspection on November 22, 2004 from 8:00 a.m. until 4;00 p.m. Each house is being sold on an "as is, where is" basis. The county does not warrant the condition of any of the houses being sold. Each house has been inspected for asbestos and the results are attached on Table 1 of the bid documents. The successful bidder(s) will be responsible for removing all material of each building down to the footings. All removal or demolition work must be completed within 45 days of the bid award. The county will require a performance bond, cash bond, or other appropriate instrument guaranteeing the timely performance of the demolition / removal work. If the successful bidder(s) elects to move the structures, they will be responsible for obtaining all necessary NC DOT permits and coordinating the moving of the structure with all utility companies and other local government entities.

Bid packets may be picked up at the County Manager's Office, 399 Grindstaff Cove Road, Sylva, in Room A-207 of the Justice and Administration Building. The county will accept sealed bids until 3;00 p.m. Monday, December 6, 2004.

The county reserves the right to waive technicalities and to reject any and all bids if and when it is determined to be in the county's best interest.

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JACKSON COUNTY

PUBLIC HOUSING AGENCY

SECTION 8 PROJECT BASED ASSISTANCE

REQUEST FOR APPLICATIONS

The Jackson County Public Housing Agency is hereby inviting owner applications for the HUD Section & Project based Assistance Program (PBA). The Purpose of the program is to encourage private for profit and or non-profit investments in the new construction of affordable rental housing in Jackson County, North Carolina. Only applications received in response to this advertisement will be considered. The Jackson County Public Housing Agency estimates that it has sufficient funding to award 24 units of PBA to the owner/applicant selected.

All applications must be in full compliance with PBA regulations published at 24 CFR 983. Full compliance with Equal Housing Opportunity law and regulations is also required. Ranking and selection will be made in accordance with the HUD approved Unit Selection Policy 2004. This advertisement will run once per week for three (3) consecutive weeks. There will be an application deadline of 30 days, after the date the advertisement is last published. Final approval of the selected application will be given to the U.S. Department of Housing and Urban Development (HUD). Copies of the above-referenced regulations and policies are available for public inspection during the normal working hour at the Jackson County Public Housing Agency's office located at 401 Grindstaff Cove Road, Suite A-218, Sylva, NC 28779.

Owner applications in three complete copies must contain the required component identified in the Unit Selection Policy 2004. Incomplete or unresponsive applications will not be ranked or selected.

Questions may be addressed to Mr. John Ashe, Executive Director - Jackson County PHA at phone (828) 631-2292 or johnashe@jacksonnc.org. Jackson County PHA is an Equal Housing Opportunity Agency.

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NOTICE OF PUBLIC HEARING

The Zoning Board of Adjustments of the Village of Forest Hills will hold a Public Hearing on Monday, Dec. 20, 2004 at 7:00 p.m. at the Jackson County Recreation Center in Cullowhee.

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NOTICE

The Village of Forest Hills Council will hold their regularly scheduled Council Meeting on Monday, December 6, 2004 at 7:00 p.m. at the Jackson County Recreation Center in Cullowhee.

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NOTICE OF ADMINISTRATION

Having qualified as Executrix of the estate of Bessie Jane Owens Galloway, deceased, late of Jackson County, North Carolina, this is to notify all persons having claims against said estate to present them, duly verified, to the undersigned at 104 Spring Street, Easley, SC 29640, on or before the 25th day of February, 2004, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate settlement with the undersigned. This the 18th day of November, 2004.

Joann Galloway Connelly, Executrix

Estate of Bessie Jane Owens Galloway

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NOTICE TO CREDITORS

All persons, firms and corporations having claims against Carol B. Green, deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Personal Representative on or before February 25, 2005, or this notice will be pleaded in bar of recovery. Debtors of the decedent are requested to make immediate payment to the undersigned. This the 25th day of November, 2004.

Craig N. Green, Personal Representative

c/o Thomas R. Crawford, Esquire

COWARD HICKS & SILER, P.A.

705 West Main Street

Sylva, NC 28779

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NOTICE TO CREDITORS

All persons, firms and corporations having claims against Ann Throgmorton, deceased, of Martin County, Florida are notified to present their claims to the below-named Ancillary Personal Representative on or before February 25, 2005, or this notice will be pleaded in bar of recovery. Debtors of the decedent are requested to make immediate payment to the undersigned. This the 25th day of November, 2004.

Billie W. White, Ancillary Personal Representative

c/o Thomas R. Crawford, Esquire

COWARD HICKS & SILER, P.A.

705 West Main Street

Sylva, NC 28779

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NOTICE TO CREDITORS

All persons, firms and corporations having claims against Marian Crowley Renfro, deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Executor on or before February 25, 2005, or this notice will be pleaded in bar of recovery. Debtors of the decedent are requested to make immediate payment to the undersigned. This the 25th day of November, 2004.

Richard McKinley Renfro, Executor

c/o Thomas R. Crawford, Esquire

COWARD HICKS & SILER, P.A.

705 West Main Street

Sylva, NC 28779

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IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE #00CVD468

STATE OF NORTH CAROLINA

COUNTY OF JACKSON

CREDIGY RECEIVABLES, Plaintiff

vs

LESTER NAPIER, Defendant

NOTICE OF SALE OF PERSONAL PROPERTY

Under and by virtue of an execution issued to the undersigned Sheriff on the 27th day of September, 2004 from the Clerk of Superior Court of Jackson County in the above-entitled action, I have seized and taken control of and will on the 9th day of December, 2004 at 10:00 am at the doors of the Jackson County Justice Center offer for cash all rights, title and interest that Lester Napier has in the following property:

A 1983 Chevrolet El Camino gray in color and with VIN 1GCCW80H3DR158334 and all attached parts.

This property is being sold subject to all prior liens and encumbrances pending against said property. The property may be inspected at the Jackson County Sheriff's Office, 399 Grindstaff Cove Road, Sylva, NC 28779 by appointment only.

This the 22nd day of October, 2004.

Jimmy Ashe, Sheriff of Jackson County

Sgt. Gary M. Shular, Deputy Sheriff

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04 SP 98

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, Jackson COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Randall L. Hedden and wife, Tammy Hedden to Roy D. High, Trustee(s), which was dated February 9, 1998 and recorded February 13, 1998 in Book 991 at Page 749, Jackson County Registry, North Carolina.

Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on December 13, 2004 at 1:30PM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit:

Being Lot 17 as conveyed in a deed from Eddie Stephens and wife, Monika Stephens to Randall Lewis Hedden, dated March 16, 1995, recorded in Book 882, Page 638, Jackson County Public Registry, and the same property as shown on a survey by Davenport Associates, Inc., RLS, dated October 16, 1995, drawing # J-452-A.

Together with a right of way 20 feet in width across the remaining lands of said Grantors property for the purpose of installing, inspecting and maintaining an access road leading from the state maintained road to the lands herein conveyed.

Excepted and Reserved to said Grantors is the right to use said 20 foot right of way across the lands herein conveyed for the purpose of installing, inspecting and maintaining an access road for the purpose of ingress and egress to the remaining lands of said Grantors.

Save and except any releases or deeds of release of record.

Said property is commonly known as 37 Lacy Fern Ridge, Sylva, NC 28779.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1). A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance "AS IS WHERE IS." There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Randall Lewis Hedden.

Brock & Scott, PLLC,

Substitute Trustee

5919 Oleander Drive Suite 115

Wilmington, NC 28403

Phone (910) 392-4988

Fax (910) 392-8051

File No.: 04-07-12-W-3263

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NOTICE OF PETITION

TO ABANDON A PORTION OF

MARION FOREST ROAD (SR1451)

LOCATED IN SCOTTS CREEK TOWNSHIP

Notice is hereby given that the Jackson County Board of Commissioners has been petitioned by property owners for permission to abandon from the N.C. Department of Transportation's maintenance system a portion (0.18 miles) of Marion Forest Road (SR1451) located in Scotts Creek Township.

The Board of Commissioners will be available for public comment on Tuesday, December 14, 2004, 6:00 p.m., Boardroom A201, 401 Grindstaff Cove Road, Sylva, North Carolina, on consideration of the abandonment.

Citizens are invited to make written or oral comments.

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NOTICE TO THE PUBLIC

IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER

Fairview Elementary School failed to perform public education on lead in drinking water.

Our water system violated a drinking water regulation. Even though this is not an emergency, as our customers, you have a right to know what happened, what you should do, and what we did to correct the situation.

We routinely sample water at our consumer's taps for lead. The tests from the compliance prior July 1, 2003 through December 321, 2003 showed lead levels in the water above the limit, or "action levels," so we were required to perform public education on lead in drinking water at that time, but failed to do so. As a result of this failure, public notification is required for failure to comply with the public education requirements.

What should I do?

Do not boil your water to remove lead. Excessive boiling makes the lead more concentrated. The lead remains when the water evaporates. Additional steps you can take to reduce your exposure to lead include running the water for 15-30 seconds before drinking or cooking to flush standing lead from the pipes, and don't cook with or drink water from the hot water tap. Hot water dissolves lead more easily.

What does this mean?

Typically, lead enters water supplies by leaching from lead or brass pipes and plumbing components. New lead pipes and plumbing components containing lead are no longer allowed for this reason; however, many older structures may contain lead pipes. Your water is more likely to contain high lead levels if water pipes in or leading to the taps in this structure are made of lead or contain lead solder.

Infants and children who drink water containing lead in excess of the action level should experience delays in their physical and mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.

What happened? What is being done? When will be problem be corrected?

This is not an emergency. If it had been, you would have been notified immediately. To reduce the amount of lead leaching from the plumbing, we have installed a system to raise the pH of the water.

Additional information about lead is posted along with this notice. For more information on lead, call the EPA Safe Drinking Water Hotline at 1-800-426-4791 or the National Lead Information Center Hotline at 1-800-LEAD-FYI.

Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.

36


NOTICE OF SUBSTITUTE TRUSTEE'S FORECLOSURE SALE OF REAL PROPERTY

1806.843 / 04-SP-90

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Deryllynne Irwin, Unmarried, dated October 22, 2001, and recorded on October 29, 2001 in Book 1197 at Page 199 in the office of the Register of Deeds of Jackson County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at the Jackson County Courthouse, in Sylva, North Carolina on Tuesday, December 14, 2004a t 10:00 am that parcel of land, including improvements thereon, situated, lying and being in the City of Whittier, County of Jackson, State of North Carolina, and being more particularly described as follows:

BEGINNING at an existing iron pin, corner common to Goff (DR394/247), Stein (DR 405/584), Passmore (DR 428/571) and Darline (DR 790/637), and runs thence from the point of BEGINNING and Darling, N. 30-51 W. 202.26 feet to an existing iron pin; thence N. 39-25 E. 150.98 feet to an existing iron pin in the center of State Road #1469; thence with the center of said road, S. 37-47 E. 56.51 feet; thence S. 21-46 E. 88.05 feet; thence S. 11-50 E. 147.15 feet; thence leaving road and with Passmore, S. 77-39 W. 91.43 feet, passing an existing iron pin at 12.57 feet, tot he point of BEGINNING, containing 00.71 acres by DMD per survey of Mrs. H.O. Crisp property in Qualla Township, dated March 30, 1979.

This conveyance is made and given subject to the right of way of SR #1469 to its full legal width.

Address of Property: 154 Paul Cooper Road, Whittier, North Carolina 28789.

Present Record Owner: William G. Irwin, Administrator and Sole Heir of Deryllynne Irwin who died April 4, 2004.

The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. The Substitute Trustee reserves the right to require a cash deposit or a certified check not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00). In the event that the Owner and Holder is exempt from paying the same, the successful bidder may also be required to pay revenue stamps on the Trustee's deed, any Land Transfer Tax, and the tax required by N.C.G.S. Section 7A-308 (a) (1).

The real property hereinabove described is being offered for sale "AS IS, WHERE IS" and will be sold subject to all superior liens, unpaid taxes, and special assessments. other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required.

If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee(s). If the validity of the sale is challenged by any party, the Trustee(s), in their sole discretion, if they believe the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Dated: November 16, 2004.

Kellam and Pettit, P.A.

Subsitute Trustee

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