December 15, 2005
Edition
Sylva, NC
Volume 80, No. 38


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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 Executrix of the estate of Barbara Arrington Holder, 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 155, Balsam, NC 28707, on or before the 8th day of March, 2006, 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 December, 2005.

Regina Holder, Executrix

Estate of Barbara Arrington Holder

37-40

NOTICE OF ADMINISTRATION

Having qualified as Executrix of the estate of Emma Lou Sumner, 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 3378 Webster Rd., Sylva, NC 28779, on or before the 8th day of March, 2006, 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, 2005.

Lisa Cunningham, Executrix

Estate of Emma Lou Sumner

37-40

NOTICE OF ADMINISTRATION

Having qualified as Administratrix of the estate of Paul Edward Allen, 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 113 Cinder Ridge, Sylva, NC 28779, on or before the 8th day of March, 2006, 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 21st day of November, 2005.

Blanche Harris Allen, Administratrix

Estate of Paul Edward Allen

37-40

NOTICE OF ADMINISTRATION

Having qualified as Administrator of the estate of David P. Ammons, 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 512, Webster, NC 28788, on or before the 1st day of March, 2006, 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 12th day of August, 2005.

Encarni Ammons, Administrator

Estate of David P. Ammons

37-40

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO: 05 CVS 673

STATE OF NORTH CAROLINA

COUNTY OF JACKSON

KAREN FIELD, Plaintiff

Vs.

DAVID FIELD, Defendant

NOTICE OF SERVICE OF PROCESS

BY PUBLICATION

TO: DAVID FIELD

Take notice that a pleading seeking relief against you has been field in the above entitled action. The nature of the relief is as follows:

Civil action involving a claim for damages for waste of jointly held property, and for injunctive relief, including forfeiture of jointly held interest.

You are required to make defense to such pleading no later than January 9, 2006 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This the 23rd day of November, 2005.

Randal Seago

Melrose, Seago & Lay, P.A.

Attorney for Plaintiff

P.O. Box 1011

Sylva, NC 28779

828-586-3200

36-38

NOTICE OF PETITION

TO ABANDON A PORTION OF

JOE FOWLER ROAD (SR1173A)

LOCATED IN HAMBURG 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 (1/10th mile) of Joe Fowler Road (SR1173A) located in Hamburg Township.

The Board of Commissioners will be available for public comment on Monday, December 19, 2005, 5:30 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.

37e

LEGAL NOTICE

Eastern Band of Cherokee Indians

Office of the Attorney General 

Cherokee, North Carolina

TO: The children of XAVIER JOHNSON OTTER, by and through their parent(s) or legal representative(s).

TAKE NOTICE that pursuant to tribal ordinance of the Eastern Band of Cherokee Indians, the surviving spouse and children of XAVIER JOHNSON OTTER, recently deceased, may be eligible to receive certain tribal benefits accrued by Mr. OTTER during his lifetime. XAVIER JOHNSON OTTER, a member of the tribe and late of Swain County, North Carolina, was survived by his spouse ASHLEY CLARALYN OTTER and four minor children, identified here as J.O, M.O., R.O., and X.O. This notice is published to determine if other minor children exist who have not been identified to the tribe. If you are a parent or legal representative of a minor child of XAVIER JOHNSON OTTER, and on behalf of the minor child you want to make a claim to the benefits described in this notice, you must identify yourself and the minor child in writing to Paula Price in the Office of the Attorney General, Eastern Band of Cherokee Indians, P.O. Box 455, Cherokee, North Carolina, 28719, phone (828) 497-7434, fax (828) 497-7435, on or before January 15, 2006. If you do not identify yourself and the minor child to the tribe in the manner and within the time expressed in this notice, you will be precluded from claiming the benefits. 

38-41e

PROSPECTIVE BIDDERS

Western Builders of Sylva is accepting sub-bids for MBE’s and WBE’s to furnish and install materials for:

CENTER FOR INDEPENDENT LIVING

PATHWAYS FOR THE FUTURE

SYLVA, NC

JACKSON COUNTY

All bids must be received in our office by 12:00 pm, Wednesday, December 21st, 2005. Bid is 3:00 pm, Wednesday, December 21st, 2005. Complete plans and specifications may be viewed at our office located at 164 WBI Drive, Dillsboro, NC, Monday - Friday, 8:00 am - 5:00 pm.

Questions should be directed to the attention of Don Hensley: PO Box 96, Sylva, NC 28779, Phone number: (828) 586-5094, fax number: (828) 586-4828.

38

COMMERCIAL REAL ESTATE FOR LEASE

Prime commercial real estate, formerly Things of Leather, a retail craft shop, located in the central business district of downtown Cherokee, NC will soon be available for lease. Property has a total of 3,394.50 square feet of rental space. The Eastern Band of Cherokee Indians offers this lease opportunity through a Request for Proposal (RFP) process. Interested parties may contact Paula Price at (828) 497-7431 to obtain an RFP package. All information about this opportunity will be provided exclusively through this package. The deadline for postmarking proposals is 4:30 pm on Friday, February 3, 2006.

38,39

NOTICE OF ADMINISTRATION

Having qualified as Administrator of the estate of Clyde Junior Sitton, 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 10 East Main St., Sylva, NC 28779, on or before the 15th day of March, 2006, 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 December, 2005.

Ronnie F. Sitton, Administrator

Estate of Clyde Junior Sitton

38-41

NOTICE OF ADMINISTRATION

Having qualified as Executrix of the estate of Betty Sue Staffelbach, 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 206 Northbrook Way, Greenville, S.C. 29615, on or before the 15th day of March, 2006, 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 December, 2005.

Sheila Staffelbach Suitt, Executrix

Estate of Betty Sue Staffelbach

38-41

NOTICE OF ADMINISTRATION

Having qualified as Executrix of the estate of Susie Hall Beck, 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 1082, Enka, NC 28728, on or before the 15th day of March, 2006, 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 December, 2005.

Jean Hall Ray, Executrix

Estate of Susie Hall Beck

38-41

NOTICE TO CREDITORS

Having qualified as Administrator CTA of the Estate of Nicola Andretti, late of PO Box 316, Dillsboro, Jackson County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned at 160 North Main Main Street, Suite 12, Waynesville, NC 28786, on or before the 14th day of March, 2006, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.

This the 15th day of December, 2005.

Sarah P. Wenzel,

Administrator CTA of the Estate of Nicola Andretti

160 N Main St, Ste 12

Waynesville, NC 28786

38-41

NOTICE TO CREDITORS

The undersigned having duly qualified as Administratrix of the Estate of Cecil C. Edmonds, deceased, late of Jackson County, North Carolina, this is to notify all persons, firms and corporations having claims against the estate to present such claims to the undersigned at 56 Sardis Road, Asheville, NC 28806, on or March 16, 2006, or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make payment.

This the 6th day of December, 2005.

Dianne Edmonds

Administratrix

56 Sardis Road

Asheville, NC 28806

828-667-8298

38-41

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

05-SP-100

STATE OF NORTH CAROLINA

COUNTY OF JACKSON

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM ALLEN K. PERKINS AND KELLY L. PERKINS, TO JANICE E. MERRIMAN, TRUSTEE, DATED JUNE 29, 2001 RECORDED IN BOOK 1169, PAGE 59, JACKSON COUNTY REGISTRY

NOTICE OF FORECLOSURE SALE

Pursuant to an order entered 29th November 2005, in the Superior Court for Jackson County, and the power of sale contained in the captioned deed of trust (the “Deed of Trust”), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash,

AT THE COURTHOUSE DOOR IN SYLVA, JACKSON COUNTY,

NORTH CAROLINA,

ON DECEMBER 27, 2005

10:00 AM

the real estate and improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the deed of Trust prior to the date of said sale, lying and being in Jackson County, North Carolina, and being more particularly described as follows:

Known as 335 Parker Farm Road, Cullowhee, NC and is further described in that Deed of Trust recorded in Book 1169, Page 59, Jackson County Registry, including the rights reserved by the Grantors in that certain deed recorded in Book 1437 Page 520 in the Jackson County Registry to take water from a well and a perpetual septic easement, save and except therefrom that certain parcel of property containing 1.758 acres, more or less, described in that certain deed recorded in Book 1437 Page 520 in the Jackson County Registry and released from the lien of this deed of trust by deed of release recorded in Book 1437 Page 518 in the Jackson County Registry.

The record owners of the real property not more than ten days prior to the date hereof are Allen K. Perkins and Kelly L. Perkins.

A five percent cash deposit, or a cash deposit of $750.00, which ever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed.

This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessment, if any which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above described property for a period of 120 days following the date when the final upset bid period has run.

The purchaser of the property described above shall pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $300.00, required by NCGS §7A-308(a)(1). If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay the Jackson County Excise Tax (land transfer tax, if applicable) in the amount of one percent (1%) of the purchase price.

This 29th day of November, 2005

Poyner & Spruill LLP

David M. Warren, Esq.

N.C. Bar No. 12581

James T. Martin, Esq.

N.C. Bar No. 2895

Attorneys for Spruillco, Ltd.

130 S. Franklin Street

PO Box 353

Rocky Mount, NC 27802

(252) 972-7067

38,39


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