Jan. 27, 2005
Edition
Sylva, NC
Volume 79, No. 44


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LEGALS
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IN THE GENERAL COURT OF JUSTICE

OF NORTH CAROLINA

SUPERIOR COURT DIVISION

JACKSON COUNTY

04SP107

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WAYNE H. MASSEY, III AND MELISSA R. MASSEY DATED JUNE 16, 2003 AND RECORDED IN BOOK 1357 AT PAGE 618 IN THE JACKSON COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Pursuant to an order of the Clerk of Superior Court and under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the indebtedness thereby secured and failure to carry out and perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the indebtedness secured by said deed of trust, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 2:00 PM on February 4, 2005 the following described real estate and any other improvements which may be situated thereon, situated in Jackson County, North Carolina, and being more particularly described as follows:

Beginning on an exiting iron pin, corner common to Jerry Rice, Jr., et al (DR 900-193) and common to the line of Ray Turpin, now or former (DR 266 - 50); said existing iron pin being located S. 54-34-58 W. 35.00 feet from an existing iron pin at an Oak Snag: thence from the point of the beginning and with the line of Ray Turpin, S. 54-34-58 W. 235.25 feet to a new iron pin in said line; said new iron pin being located N. 54-34-58 E. 15.00 feet from an existing iron pin located on the line of Albert A. Miller and Ray Turpin; thence a severance line, N 20-16-06 W. 92.00 feet, passing a point in the 30 foot right of way for a 10 foot gravel road at 12.82 feet, to a new iron pin; thence N. 69-43-54 E. 20.00 feet to a new iron pin; thence N. 05-14-49 W. 135.68 feet, passing a new iron pin at 115.68 feet, to a point in the center of Broadway Mill Creek, a new corner of Miller, and common to the line of Jay Harris, now or former (Dr 474-220); thence with the line of Harris and up and with Broadway Mill Creek, N. 71-13-03 E. 115.17 feet to a point in said creek, corner common to Rice (above referenced); thence leaving the creek and with the line of Rice, S. 39-58-05 E. 168.43 feet, passing an existing iron pin at 30.00 feet and passing a point in the centerline of a 10 foot gravel road having a 30 foot right way at 147.57 feet, to the point of beginning, containing 0.78 of an acre a per survey of Kevin D. Goldsmith, RLS, dated January 17,1996, entitled "Michael Betty", job #96-209.

And Being more commonly known as: 83 Bullfrog Cove Road, Sylva, NC 28779

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Wayne H. Massey, III and Melissa R. Massey.

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS" Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure, for paying, if any. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are immediately due and owing.

The date of this Notice is January 14, 2005.

Elizabeth B. Ells or David W. Neill

Substitute Trustee

8520 Cliff Cameron Drive

Suite 300

Charlotte, NC 28269

(704) 333-8107

04-66288

44,45e


NOTICE OF ADMINISTRATION

Having qualified as Executrix of the estate of Joanne R. Cagle, 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 19 Foothill Road, Sylva, NC 28779, on or before the 20th day of May, 2005, 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 4th day of January, 2005.

Dorothy Hooper Franklin, Executrix

Estate of Joanne R. Cagle

43-46


NOTICE OF FORECLOSURE SALE

Pursuant to the terms of a deed of trust executed by Eugene N. Hooper to William Morris, Trustee for Robert B. Patterson, Trustee, recorded in Deed of Trust Book 929, page 370, and an order of the Superior Court of Jackson County, North Carolina dated July 19, 1999, the undersigned Frank G. Queen, Substitute Trustee will offer for sale at public auction to the highest bidder for cash on January 28, 2005 at 2:30 p.m., at the courthouse door in Sylva, Jackson County, North Carolina, the property described in Deed of Trust Book 929, page 370, which description is incorporated by this reference. The property is generally described as 1.99 acres, more or less, at Long Branch Road and NC Highway 107, with a cafe building.

The property will be sold subject to unpaid county and city ad valorem taxes, including those for the present year, assessments and prior encumbrances, if any.

The Substitute Trustee makes no representations about the state of the title to the property or the condition of the buildings located thereon, if any. Bidders at the sale should make whatever investigation of the title and property that they desire prior to submitting a bid.

The record owner of the property as reflected on the records of the register of Deeds' office not more than ten (10) days prior to posting of this notice is Cafe Family Limited Partnership.

The highest bidder at the sale will be required to make a cash deposit of ten percent (10%) of the first $1,000 and five percent (5%) of the balance of the bid when knocked down to him, and the balance upon confirmation of the sale. In lieu of a cash deposit, the final bidder may provide certified funds if the bank issuing the certified check is acceptable to the substitute trustee.

The sale will be reported to the court and will remain open for advance or upset bids for a period of ten (10) days. if no advance or upset bids are field with the Clerk of Superior Court, the sale will be confirmed and the remainder of the final bid will be due and payable immediately.

This the 5th day of January, 2005.

Frank G. Queen

Substitute Trustee

Brown, Ward & Haynes, PA

370 N. Main Street, Ste 300

Waynesville, NC 28786

(828) 456-9436

43,44


NOTICE OF ADMINISTRATION

Having qualified as Executor of the estate of Sarah Padfield Spangenberg, 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 481 Banjo Lane, Whittier, NC 28789, on or before the 6th day of April, 2005, 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 29th day of December, 2004.

Samuel R. Spangenberg, Executor

Estate of Sarah Padfield Spangenberg

41-44


MEETING NOTICE

The February meeting of the Dillsboro Town Board will be held on February the 14th at the town hall beginning at 6 P.M. All interested parties are invited to attend.

44e


NOTICE

The Forest Hills Village Council will hold their next regularly scheduled meeting at 7:00 p.m. on Monday, February 7, 2005 at the Jackson county Recreation Center in Cullowhee.

44,45


MEETING NOTICE

The Dillsboro Planning Commission will meet on Monday, February 7th at 6 P.M. at the Dillsboro Town Hall. All interested parties are invited to attend.

44e


NOTICE OF SALE

TO: John Whaley, owner, and all other persons having a claim in one 2000 Chevrolet SN2H2C1MR2267Y6710386

Pursuant to an order of court in Jackson County case 04M348, Vern's Body Shop of 29 Bridge St., Sylva, NC. will sell the above described car at PUBLIC SALE to the highest bidder to satisfy a mechanic's lien. Sale will be conducted at 11:00 a.m. on the 4th day of February, 2004 at the above location.

44,45


IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE NOS. 04-J-56, 57, 58 AND 59

STATE OF NORTH CAROLINA

COUNTY OF JACKSON

IN THE MATTERS OF:

STEPHEN TURPIN,

JOSEPH TURPIN,

EDWARD TURPIN, AND

JAMES TURPIN,

JUVENILES.

NOTICE OF SERVICES OF PROCESS

RE: TERMINATION OF

PARENTAL RIGHTS

To: Edward Turpin

PLEASE TAKE NOTICE THAT Petitions have been filed by the Jackson County Department of Social Services (Petitioner) for the purpose of terminating your parental rights to the above named minor children. You are summoned and notified to answer the Petitions which have been filed with the Jackson County Clerk of Court. Any written answer to the Petitions must be filed within forty (40) days of the first publication herein, January 27, 2005. A copy of the answer must also be served on the Petitioner on his/her lawyer.

The Court will conduct a hearing to determine whether one or more grounds alleged in the petitions for terminating parental rights exist. If the Court finds that one or more grounds exist, the Court will proceed at that hearing or at a later hearing to determine whether parental rights should be terminated. Notice of the date, time and location of the hearing will be mailed to you by the Clerk of Superior Court after you file an answer or forty (40) days from the date of service if you do not file an answer.

If you do not file a written answer to the Petitions with the Clerk of Superior Court within forty (40) days, the Court may terminate your parental rights.

You have the right to be represented by a lawyer in this case. If you want a lawyer and cannot afford one, the Court will appoint a lawyer for you. You may contact the Clerk of Superior Court immediately to ask for a court-appointed lawyer. This is a new case, and any lawyer appointed to represent you in another case will not represent you in this case unless the Court appoints that person again. (NOTE: IF a lawyer is appointed for you and if the Court terminates your parental rights, you may become liable for repayment of the lawyer's fees, and a judgement for the amount of fees may be entered against you.)

You are entitled to attend any hearing affecting your parental rights. As described above, the Clerk will mail you notice of the date, time and location of the hearing.

You may call the Deputy Clerk of the juvenile court of Jackson County at 828-586-7511 for further information.

This the 22nd day of January, 2005.

Mary G. Holliday

Attorney for Petitioner

PO Box 597

Webster, NC 28788

(828) 631-0346

44-46


NOTICE OF ADMINISTRATION

Having qualified as Executor of the estate of Lovicia Mae Cole, 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 695 Troy Martin Road, Whittier, NC 28789, on or before the 12th day of April, 2005, 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 4th day of January, 2005.

William Thomas Cole, Executor

Estate of Lovicia Mae Cole

42-45


NOTICE OF ADMINISTRATION

Having qualified as Executrix of the estate of Nettie S. Crowe, 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 684, Cherokee, NC 28719, on or before the 6th day of April, 2005, 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 4th day of January, 2005.

Magdalena Weichel, Executrix

Estate of Nettie S. Crowe

42-45


NOTICE OF ADMINISTRATION

Having qualified as Administratrix of the estate of Martha Ellen Bryson, deceased, late of Jackson County, North Carolina, this is to notify all persons


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