Mar. 24, 2005
Edition
Sylva, NC
Volume 79, No. 52

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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.

Harrah’s Cherokee Casino & Hotel is seeking bids from qualified contractors for grading and filling work.  All work will be performed on the immediate casino property and involves the grading and preparation of landscaping beds for our property Grounds department. Bids must be received at the casino no later than 2:00 PM on Friday, March 25th, 2005.  Bid packets will be available beginning Friday, March 11th, 2005 and may be requested from the Harrah’s Cherokee Facilities department by contacting Monica Herbold at 828-497-8350.  An owner’s conference and site review are required prior to bidding this project.  Certified Tribal Employment Rights Ordinance (TERO) contractors will receive preference in the awarding of this project in accordance with the TERO ordinance.

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ON ORDINANCE REGARDING

FLOOD INSURANCE

The public will take notice that the Board of Commissioners of the Town of Webster has called a public hearing at 6:45 o’clock pm on April 7, 2005, at the Webster Town Hall, 1411 Webster Road, on the question of passing an ordinance that will enable Webster residents to obtain flood insurance, pursuant to G.S. 160A-450.81.

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This is to inform the public of the opportunity to attend a public hearing on the proposed Rural Operating Assistance (ROAP) Application to be submitted to the North Carolina Department of transportation not later than May 6, 2005 by the county of Jackson. The public hearing will be held on April 18, 2005 at 6:00 pm at the Jackson County Board of Commissioners meeting in the Jackson County Justice Center located at 401 Grindstaff Cove Road, Sylva, NC 28779. Three programs included in the ROAP application are:

1. Elderly & Disabled Transportation Assistance Program (EDTAP) provides operating assistance for the transportation of elderly and disabled citizens. This transportation assistance allows for the individual to reside for longer periods in their homes, thereby enhancing their quality of life. For the purpose of EDTAP, and elderly person is defined as one who reaches the age of 60 or more years. A disabled person is defined as one who has a physical or mental impairment that substantially limits one or more major life activity, and individual who has a record of such impairment, or individual who is regarded as having such impairment.

2. Work First / Employment program is intended to provide operating assistance for transitional Work First and general public employment transportation needs. These funds are used to support the employment transportation needs of individuals that are not eligible to receive benefits from the Temporary assistance for Needy Families (TANF) program.

3. Rural General Public (RGP) funds are intended to provide transportation service to individuals who are not human service agency clients.

The amount allocated for EDTAP $42,232, Work First $4,561, and Rural General Public $40,645 totals to $87,438 for the period July 1, 2005 through June 30, 2006.

This application may be inspected at the Jackson County Transit Office, 26 Ridgeway Street, Sylva, NC 28779 from 8:00 am to 5:00 pm, Monday through Friday. Written comments should be directed to Chuck Norris, Transit Director, 26 Ridgeway Street, Sylva, NC 28779.

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STATE OF NORTH CAROLINA

JACKSON COUNTY

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

IN THE MATTER OF

HEATHER ROGERS

FILE NO. 05-J-2

TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is as follows:

ADJUDICATION OF NEGLECT AND/ OR DEPENDENCY FOLLOWED BY AN APPROPRIATE DISPOSITION

Filed January 24, 2005 in the District Court of Jackson County, North Carolina

TO: BILLIE JEAN POTTER

You are required to make a defense to such pleading no later than May 3, 2005 and upon your failure to do so, the Petitioner, the Jackson County Department of Social Services seeking service against you, will apply to the Court for the relief sought.

This the 21st day of March, 2005.

Mary G. Holliday

Attorney for Petitioner

Jackson County Department of Social Services

PO Box 567

Webster, North Carolina 28788

(828) 631-0346

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Shamrock Storage hereby gives notice of sale vs. lienor.

Various items of personal property belonging to:

Tim Pantoloni, Unit No. 1

Greg Whitener, Unit No. 35

John Henry, Unit No. 75

will be sold pursuant to the assertion of a lien for rental at the self-service storage facility under G.S. 44A-43.

The sale shall be held at Shamrock Storage, 281 Steeple Road, and corner of Skyland Drive, Sylva, NC at 9:00 a.m. on the seventh day of April, 2005.

/s/ Wayne Smith

Shamrock Storage

281 Steeple Road

Sylva, NC 28779

(828) 586-0724

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Having qualified as administrator-executor of the estate of John Hans Mueller, deceased, late of Jackson County, N.C. this is to notify all persons having claims against the estate of said deceased to exhibit them to the undesigned on or before the 9 June 2005 or this notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement.

This 10th day of March, 2005.

Kris V. Williams

Administrator-Executor

P.O. Box 1935

Sylva, NC 28779

(828) 631-2300

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Having qualified as Executor of the estate of Donna M. Bost, deceased, late of Jackson County, North Carolina, this is to notify all persons having claim against the estate of said deceased to exhibit them to the undesigned on or before the 10th day of June, 2005 or this notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement.

This 10th day of March, 2005.

Philip E. Bost, Executor

Attorney for the estate:

Robert F. Siler

Coward, Hicks & Siler, P.A.

43 West Main Street

Franklin, North Carolina 28734

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DISTRICT COURT DIVISION

FILE NO. 04-J-66

NORTH CAROLINA

JACKSON COUNTY

IN RE. FERGUSON, A MINOR CHILD

NOTICE OF SERVICE BY PUBLICATION

TO: The father of a female juvenile born on or about October 15, 1994 in Atlanta, Georgia, Respondent.

A Petition for Termination of Parental Rights has been filed in the above captioned action in the General Court of Justice, District Court Division, Jackson County, North Carolina.

You are required to answer the Petition not later than the 18th day of April, 2005, said date being thirty (30) days from the first publication of this Notice; and upon your failure to do Petitioners will apply to the Court for termination of your parental rights.

Your parental rights to the above named juvenile will be terminated upon failure to answer the Petition within the time prescribed.

This the 10th day of March, 2005.

Coward, Hicks & Siler, P.A.

Monty C. Beck

Attorney for Petitioners

43 West Main Street

Franklin, NC 28734

(828) 524-6475

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ADVERTISEMENT

ADVERTISEMENT FOR BIDS

Sealed proposals will be received until 3:00 p.m., April 7, 2005, by Mr. Steve Flury, Director of Safety and Risk Management, Western Carolina University, Facilities Management, 3476 Old Cullowhee Road, Cullowhee, NC 28723, for the removal of asbestos-containing floor tile and mastic in Robertson Residence Hall, at which time and place, bids will be opened and read.

Complete plans and specifications for this project can be obtained form Mr. Terry L. LaDuke, Alpha Environmental Sciences, Inc., 367 Dellwood Road, Building A, Waynesville, NC 28786, during normal office hours or at the prebid.

Plan Deposit: Seventy-Five Dollars ($75.00)

There will be a mandatory prebid on March 31, 2005, at 2:30 p.m. at the Robertson Residence Hall.

All Contractors are hereby notified that they must have proper license under the state laws governing their respective trades.

The Owner reserves the unqualified right to reject any and all proposals.

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Having qualified as Executor of the estate of Beverly D. Korst, 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 David H. Bryson, 10 East Main Street, Sylva, NC 28779, on or before the 3rd day of June, 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 11th day of February, 2005.

David H. Bryson, Executor

Estate of Beverly D. Korst

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Having qualified as Executrix of the estate of Jack Norton, 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 P.O. Box 1748, Cullowhee, NC 28723, on or before the 10th day of June, 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 7th day of February, 2005.

Kathleen B. Norton, Executrix

Estate of Jack Norton

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DISTRICT COURT DIVISION

FILE NO.: 05 CVD 108

STATE OF NORTH CAROLINA

COUNTY OF JACKSON

JOYCE W. TURNER, Plaintiff

v.

Heirs of J.D. KILPATRICK, AND LENA KILPATRICK, FRANK MINATELLO, and any person, firm, corporation, trust or entity not in existence having an Interest in the lands of J.D. Kilpatrick, Defendant

NOTICE OF PROCESS OF SERVICE

BY PUBLICATION

TO: Any person, firm, corporation, trust or other entities not in existence claiming any interest in the lands of J.D. Kilpatrick.

TAKE NOTICE: That a pleading seeking relief against you has been field in the above entitled actions. The nature of the relief being sought is as follows:

To quiet title to the real estate owned by J.D. Kilpatrick and being the same lands contained in Deed Book 152, at Page 181 of the Jackson County Public Registry, the same being beginning at the S.E. Corner of Lot Number 15 in Macomb’s addition to the Town of Sylva and runs N. 23 degrees E., 150 degrees to a  stake in the line of Lot Number 14 and Drury Lane, Thence S. 67 degrees E. 100 degrees to the Beginning. The above lands include all of Lot Number 15 and 25 degrees of the Estate side of Lot Number 14 in Macomb’s addition to the Town of Sylva.

You are required to make defense to such pleading not later than 40 days after March 2nd, 2005, or upon your failure to do so, the parties seeking service against you will apply to the Court for the relief sought.

THIS the 28th day of February, 2005.

Eric Ridenour, Esq.

Ridenour, Lay & Earwood, pllc

P.o. Box 965

Sylva, NC 28779

Phone: (828) 586-3131

Fax: (828) 586-3763

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DISTRICT COURT DIVISION

FILE NO. 04-J-65

NORTH CAROLINA

JACKSON COUNTY

IN RE. ADAMS, A MINOR CHILD

NOTICE OF SERVICE BY PUBLICATION

TO: The father of a female juvenile born on or about May 25, 1988 in Atlanta, Georgia, Respondent.

A Petition for Termination of Parental Rights has been filed in the above captioned action in the General Court of Justice, District Court Division, Jackson County, North Carolina.

You are required to answer the Petition not later than the 18th day of April, 2005, said date being thirty (30) days from the first publication of this Notice; and upon your failure to do Petitioners will apply to the Court for termination of your parental rights.

Your parental rights to the above named juvenile will be terminated upon failure to answer the Petition within the time prescribed.

This the 10th day of March, 2005.

Coward, Hicks & Siler, P.A.

Monty C. Beck

Attorney for Petitioners

43 West Main Street

Franklin, NC 28734

(828) 524-6475

(828) 524-6456 (fax)

Sate Bar #12313

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Having qualified as Executor of the estate of Mattie L. Hooper, 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 P.O. Box 603, Sylva, NC 28779, on or before the 17th day of June, 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 9th day of March, 2005.

Tommy L. Wheeler, Executor

Estate of Mattie L. Hooper

51-2

Having qualified as Executrix of the estate of Margaret Lucille Cabe, 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 P.O. Box 314, McAdenville, NC 28101, on or before the 17th day of June, 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 8th day of March, 2005.

Linda Bell, Executrix

Estate of Margaret Lucille Cabe

51-2

Having qualified as Administrator of the estate of Furman Guy Henderson, 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 176 Papillon Lane, Round-O, S.C. 29474, on or before the 17th day of June, 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 7th day of March, 2005.

Furman Henderson, Jr., Administrator

Estate of Furman Guy Henderson

51-2

Having qualified as Co-Executrix of the estate of J.Q. Hedden, a.k.a., John Quince Hedden, 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 Barbara H. Ledford, Co-Executrix, 169 Mark Dowdle Rd., Franklin, NC 28734; Helen H. Justice, Co-Executrix, 188 Emerald Lane, Hendersonville, NC 28792; Hope H. Calloway, Co-Executrix, 2199 Yellow Mountain Rd, Cullowhee, NC 28723, on or before the 17th day of June, 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 11th day of March, 2005.

Barbara H. Ledford, Co-Executrix

169 Mark Dowdle Rd.

Franklin, NC 28734

Helen H. Justice, Co-Executrix

188 Emerald Lane

Hendersonville, NC 28792

Hope H. Calloway, Co-Executrix

2199 Yellow Mountain Rd

Cullowhee, NC 28723,

Estate of J.Q. Hedden,

a.k.a., John Quince Hedden

51-2

Having qualified as Executrix of the Estate of Jeston Beck Frady, deceased, late of Jackson County, North Carolina, this is to notify all persons having claims against the said estate to present such claims to the undersigned at 705 W. Main, Sylva, N/C 28779, on or before the 17th day of June, 2005, or this notice will be pleaded in bar of their recovery. All persons indebted to the said estate will please make immediate payment.

This the 17th day of March, 2005.

Brenda Griffin, Executrix

c/o J.K. Coward, Jr., Attorney

705 West Main Street

Sylva, NC 28779

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R2005-11

RESOLUTION OF INTENT

A Resolution declaring the intention of the Board of Commissioners of the Town of Sylva to consider the closing of the 20 foot roadway, dedicated by plat, but never accepted, as it parallels Highway 107, as recorded in Plat Cabinet 2, Page 9 of the Jackson County Registry.

WHEREAS, G.S. 160A-299 authorizes the Sylva Board of Commissioners to close public streets and alleys; and

WHEREAS, the Sylva Board of Commissioners considers it advisable to conduct a public hearing for the purpose of giving consideration to the closing of the unnamed, unconstructed, unopened and unaccepted road paralleling Highway 107 from approximately Citrus Drive to Plum Street.  A copy of the plat is attached as Exhibit A with the proposed area of closing highlighted. The proposed area of the street to be closed is the entire length and width of the street as shown on that plat entitled “Old Love Farm” and recorded at Plat Cabinet 2 at Slide 9, the same having never been accepted by the Town or constructed.

NOW, THEREFORE, BE IT RESOLVED by the Sylva Board of Commissioners that:

(1)A meeting will be held at 10:00 a.m. on the 21st day of April, 2005, at Sylva Municipal Hall to consider a resolution closing the above referenced right-of-way.

(2)The Town Clerk is hereby directed to publish this Resolution of Intent once a week for four successive weeks in The Sylva Herald.

(3)The Town Clerk is further directed to transmit by registered or certified mail to each owner of property abutting upon that portion of said street a copy of this Resolution of Intent.

(4)The Town Clerk is further directed to cause adequate notices of this Resolution of Intent and the scheduled public hearing to be posted as required by G.S. 160A-299.

ADOPTED, this the 17th day of March, 2005, at 10 o’clock.

Brenda Oliver, Mayor

Alison E.G. Lyons, Town Clerk

52-3e

Having qualified as Executor of the estate of Tina Powell Henry, 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 P.O. Box 847, Sylva, NC 28779, on or before the 24th day of June, 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 17th day of March, 2005.

Benny Ray Henry, Executor

Estate of Tina Powell Henry

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Having qualified as Executrix of the estate of Don Wayne Potts, 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 P.O. Box 494, Highlands, N.C., 28741, on or before the 24th day of June, 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 15th day of March, 2005.

Mavis Lucille Potts, Executrix

Estate of Don Wayne Potts

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SUPERIOR COURT DIVISION

BEFORE THE CLERK

STATE OF NORTH CAROLINA

JACKSON COUNTY

IN RE: THE ESTATE OF JULIA F. POLK

Having qualified as Executrix of the Estate of Julia F. Polk, 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 present themselves, duly verified, to the undersigned: J. Carol Van Cleve, C/O John J. Pavey, Jr., Attorney at Law, Pavey & Smith, P.A., P.O. Box 1905,Sylva, North Carolina, 28779, on or before June 20, 2005, or this notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement with the undersigned.

This the 23rd day of March, 2005.

J. Carol Van Cleve, Executrix

C/O John J. Pavey, Jr., Attorney at Law, Pavey & Smith, P.A.

P.O. Box 1905

Sylva, North Carolina, 28779

828-586-8987

52-3

SUPERIOR COURT DIVISION

BEFORE THE CLERK

05-SP-13

NORTH CAROLINA

JACKSON COUNTY

In the Matter of the Foreclosure of the Deed of Trust of

ANTHONY F. BIGMEAT and wife, STACY M. BIGMEAT, Mortgagors-Grantors,

To

HEATHER C. BAKER,Trustee, And

VIRGIL E. YOUNGBLOOD and wife, FRANKIE C.  OUNGBLOOD, Noteholders.

As recorded in Book 1396 at page 536of the Jackson County Public Registry

NOTICE OF FORECLOSURE

  SALE UNDER DEED OF TRUST

Under and by virtue of the power and authority contained in that certain Deed of Trust, (the “Deed of Trust”) executed and delivered by Anthony E. Bigmeat and wife, Stacy M. Bigmeat, dated December 15, 2003, and recorded on December 23, 2003, in the Office of the Register of Deeds for Jackson County, North Carolina, in Book 1396 at Page 536, 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 the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Jackson County, North Carolina, entered in this foreclosure proceeding, the undersigned, Heather C. Baker, will offer for sale at public auction to the highest bidder for cash, on the 4th day of April, 2005, at 11:00 A.M. at the door of the Jackson County Justice Center, Sylva, North Carolina, the following described property:

BEGINNING at an IPS in the line of Tract 12 (Plat Cabinet 3, Slide 817) and runs thence with said line,

-S. 76-54-21 W. 173.86 feet to an iron pin found, corner of Tracts 11 and 12; thence,

-N. 05-38-42 E. 99.06 feet to a point in the center of River Ridge Drive; thence

with the center of said road, -N. 29-40-40 E. 133.37 feet to a point; thence,

-N. 23-46-30 E. 99.70 feet to a point; thence,

-N. 15-29-15 E. 66.67 feet to a point; thence,

-N. 35-22-45 E. 43.71 feet to a point; thence,

-N. 49-59 E. 58.35 feet to a point; thence,

-N. 71-54 E. 40.11 feet to a point; thence leaving River Ridge Drive and running with the line of Lot 5 and with the center of a private road serving Lots 5 and 6,

-S. 30-07-45 W. 99.88 feet to an IPS; thence continuing with the line of Lot 5,

-S. 03-22-30 E. 233.89 feet to an IPS; thence,

-S. 20-38-50 W. 102.79 feet to the POINT OF BEGINNING, containing 1.14 acres, more or less, and BEING Lot 6, Section B, Big Laurel Acres #2.

THERE IS ALSO CONVEYED a non-exclusive right of way and easement for subdivision roads and streets, being eighteen (18) feet in width, lying nine (9) feet on either side of the centerline of the presently existing roads or streets, said rights of way and easements being for the purpose of providing ingress and egress to and from the above described premises to the public road.  IT IS UNDERSTOOD AND AGREED that maintenance and upkeep expenses shall be borne equally by the users thereof.

THERE IS EXCEPTED AND RESERVED from this conveyance a right of way and easement for all public utilities, water and sewer lines, and roads and streets as the same are presently located on the above described premises.

There is ALSO CONVEYED a right to obtain water from Well #3 located on Lot #16, Section A; TOGETHER WITH a right and easement to lay, maintain, repair and replace pipelines to connect said water to the above described premises. IT IS UNDERSTOOD AND AGREED that maintenance and upkeep expenses of said well and water system shall be borne equally by the users thereof.

This conveyance is made TOGETHER WITH AND SUBJECT TO easements, restrictions, and rights of way of record and utility lines and rights of way in existence over, under or upon the above-described property, all incorporated herein by reference as if fully set forth herein.

The property address is 110 Sunflower Ridge, Whittier, North Carolina.

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. 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 Deed of Trust; provided, however, that the inclusion of this clause in this Notice of Trustee’s Sale 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 Jackson County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Anthony E. Bigmeat and wife, Stacy M. Bigmeat.

Pursuant to North Carolina General Statutes Section 45-21.10(b), and the terms of the Deed of Trust, 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 and fifty dollars ($750.00).  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 North Carolina General Statutes Section 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 17th day of March, 2005.

Heather C. Baker, Trustee

Coward, Hicks & Siler, P.A.

705 W. Main Street

Sylva, NC 28779

(828) 586-2147

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