June 1, 2006
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Sylva, NC
Volume 81, No. 10


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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

The Dillsboro Budget Committee will hold a brief meeting on June 5th at the Town Hall in Dillsboro beginning at 5 P.M.

10e

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

06 SP-46

NORTH CAROLINA

JACKSON COUNTY

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

DEWEY KIRKLAND, Mortgagor-Grantor,

To

ANDREW C. BUCKNER, Substitute Trustee,

And

AMERICAN GENERAL FINANCIAL

SERVICES, INC., a North Carolina Corporation, Noteholder.

As recorded in Book 1203 at Page 366 of 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 Dewey Kirkland, dated November 16, 2001, and recorded on November 21, 2001, in the Office of the Register of Deeds for Jackson County, North Carolina, in Book 1203 at Page 366, and re-recorded on April 6, 2006 in the Office of the Register of Deeds for Jackson County, North Carolina, in Book 1579, at Page 733 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, Andrew C. Buckner, will offer for sale at public auction to the highest bidder for cash, on the 12th day of June, 2006, at 11:00A.M. at the door of the Jackson County Courthouse, Sylva, North Carolina, the following described property:

BEING AND COMPREHENDING those lands and appurtenances as described in a deed dated November 9, 2001, from Kim L. Sherrill f/k/a Kim L. Kirkland to Dewey A. Kirkland, as recorded in Book 1138 at page 270, of the Jackson County Public Registry.

The property address is as follows: 7 Fargo Lane, Dillsboro, NC 28725.

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 Dewey Kirkland.

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 Substitute 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 22nd day of May, 2006.

Andrew C. Buckner, Substitute Trustee

705 West Main Street

Sylva, North Carolina 28779

(828) 586-2147

10,11

PUBLIC NOTICE

The proposed budget of Smoky Mountain Center for Mental Health, Developmental Disabilities and Substance Abuse Service for the fiscal year beginning July 1, 2006 will be presented to the governing board for public hearing and adoption at the regularly schedule meeting at 9:30 a.m. June 23, 2006, at the administrative offices at 44 Bonnie Lane, Sylva, N.C. The proposed budget is currently available for public inspection at the same location.

10,11

NOTICE OF ADMINISTRATION

Having qualified as Executrix of the estate of Homer H. Harris, 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 906 Cullowhee Mtn. Rd., Cullowhee, NC 28723, on or before the 1st day of September, 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 24th day of May, 2006.

Linda H. Hooper, Executrix

Estate of Homer H. Harris

10-13

PUBLIC HEARING

The Council of the Village of Forest Hills will hold a public hearing on the proposed budget for fiscal year 2006-2007 at the University Inn at 7:00 pm on June 5, 2006.

All citizens are invited to attend to express their views. Copies of the proposed budget are available for public viewing at the University Inn, Hunter Library (WCU), and the Jackson County Public Library.

Richard W. Iobst

Administrator

Village of Forest Hills

9,10e

NOTICE OF PUBLIC HEARING:

June 5, 2006

5:45 pm

JACKSON COUNTY SOLID WASTE MANAGEMENT PLAN

THREE YEAR UPDATE

The Jackson County Board of Commissioners will be available for public comment on consideration of the proposed solid waste management plan three-year update, on June 5, 2006, at 5:45 p.m., Justice and Administration Building, 401 Grindstaff Cove Road, Room A201, Sylva, North Carolina.

Citizens are invited to make written or oral comments.

9,10e

NOTICE OF SPECIAL MEETING

OF THE

JACKSON COUNTY

BOARD OF COMMISSIONERS

AND

BOARD OF EDUCATION

May 30, 2006

6:00 p.m.

The Jackson County Board of Commissioners and Jackson County Board of Education have scheduled a Special Meeting on May 30, 2006, 6:00 p.m. at Smoky Mountain High School, Science Building, Sylva, North Carolina.

The purpose of the meeting is to discuss the budget and consider SMH site work bids.

9,10e

PUBLIC NOTICE

The Individuals with Disabilities Education Act (IDEA-Part B, Public Law 105.17) Project is presently being amended. The Project describes the special education programs that Jackson County proposes for Federal funding for the 2006-2007 School Year. Interested persons are encouraged to review amendments to the Project and make comments concerning the implementation of special education under this Federal Program. All comments will be considered prior to submission of the amended Project to the North Carolina Department of Public Instruction in Raleigh, North Carolina. The IDEA-Part B Project is open to the public for review and comments during the week of May 29 through June 2, 2006, in the office of Dr. Lynn Dillard located at the Jackson County Board of Education, 398 Hospital Road, Sylva, North Carolina.

9,10

STATE OF NORTH CAROLINA

COUNTY OF JACKSON

In Re Estate of Edward S. Segal, Deceased, 03 E 0240

Having qualified as administrator of the estate of Edward S. Segal, deceased, late of Jackson County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate of Edward S. Segal, deceased, to exhibit them to the undersigned on or before the 25th day of August, 2006, or this notice will be pleaded in bar of their recovery. All persons indebted to the estate should make immediate payment.

This, the 25th day of May, 2006.

Jody S. Friedman

Administrator

Estate of Edward S. Segal

83 Washington Road, Apt. 1

Asheville, NC 28801

9-12

IN THE GENERAL COURT OF JUSTICE

OF NORTH CAROLINA

SUPERIOR COURT DIVISION

JACKSON COUNTY

06SP42

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY REBECCA SUE MATHIS AND MELVINE H. MATHIS DATED JANUARY 7, 2002 AND RECORDED IN BOOK 1217 AT PAGE 332 IN THE JACKSON COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Pursuant to a Court order 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 June 7, 2006 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 a point in the outside line of the Fisher 16 acre tract (DR 354-435), and the northeast corner of Lanning, now or former (DR 396-312), said point being located N 06-48 W 128.12 feet from an existing stone at Lanning corner (which said stone corner being the southeast corner of the Fisher 16 acre tract above referenced); and runs thence from the point of the beginning and with the line of Lanning, S 74 W 126.78 feet to the corner of Lanning and Penuel, now or former (DR 420-93), said point being located N 12 W 114.25 feet from an iron pin at Penuel/Lanning corners; thence with the line of Penuel, S 86 W 150 feet, more or less, crossing a branch, to a rock at or near the centerline of an access road, the northwest corner of Penuel and in the Robinson line, now or former, said rock also being the southernmost corner of Grimes, now or former (DR 458-317); thence with the centerline of said roadway and with the line of Grimes, N 35-19 E 170.75 feet, crossing the branch, to a point at intersecting roads; thence continuing with the centerline of the roadway and continuing with the line of Grimes, N 43-35 W 113.85 feet, crossing the branch, to a point in the centerline of said roadway, corner of Grimes lot #1 and #2, and the southwest corner of Cunningham, now or former (DR 458-138); thence leaving the roadway and with the line of Cunningham, N 57-20 E 107.61 feet, passing an iron at 20.00 feet, to a point in the centerline of another roadway, corner of Cunningham's Lot #4 and #7; thence with the line of Cunningham's Lot #7, S 50 E 62.17 feet to a point, N 82-28 E 67.73 feet, to a point in the center of another roadway, and N 48-53 E 30.63 feet to a point in the outside line of Fisher's 16 acre tract, the southeast corner of Cunningham; thence leaving the Cunningham line, S 6-48 E to the point of the Beginning, containing 1.14 acres, more or less.

There is further conveyed to the Grantee, her heirs, assigns, executors and administrators, all road rights of way and easements as set forth and conveyed by deed dated the 17th day of December, 1991 from Thomas David Fisher, III, unmarried, and T.D. Fisher, Jr., unmarried, to Timothy Lu Vetromile and husband, Douglas W. Vetromile, recorded in Book 793 page 466, Jackson County Registry, to which reference is hereby made and incorporated herein as if fully set forth.

There is further conveyed to the Grantee, her heirs, assigns, executors and administrators, and this instrument is made and given SUBJECT TO the exception and reservation of the joint right to the use of the existing roadways, as set forth in deed recorded in Book 1128 page 307, Jackson County Registry.

And Being more commonly known as: 338 Kitty Hawk Rd, Sylva, NC 28779

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Rebecca Sue Mathis.

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 May 17, 2006.

David W. Neill or Elizabeth B. Ells

Substitute Trustee

8520 Cliff Cameron Drive, Suite 300

Charlotte, NC 28269

(704) 333-8107

http://shapiroattorneys.com/nc/

06-80341

9,10e*cc

NOTICE OF ADMINISTRATION

Having qualified as Co-Administrators of the estate of Jeffrey John Sepski, 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 5978 Hwy 218 Peachland, NC 28133, on or before the 25th day of August, 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 May, 2006.

Patricia A. Sepski, Co-Administrators

John J. Sepski, Co-Administrators

Estate of Jeffrey John Sepski

9-12

NOTICE OF ADMINISTRATION

Having qualified as Administrator, CTA of the estate of Bobby Houston Dishman, 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 1659 E. Main Street, Sylva, NC 28779, on or before the 25th day of August, 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 17th day of May, 2006.

Tom L. Massie, Administrator-CTA

Estate of Bobby Houston Dishman

9-12

ADVERTISEMENT FOR BIDS

Renovations to the former Leon Jones Home to become the new location for the Child Advocacy Center.

Sealed bids are invited by the Eastern Band of Cherokee Indians for the renovations of the former Leon Jones home to be used for the Child Advocacy Heart to Heart Center.

The work is located on the Qualla Boundary on Sarah Jones Road. This road is off of Wrights Creek and US 19 and consists of interior and minimal exterior renovations to bring it up to code for a Public Facility. All the requirements are listed in the Request For Proposal (RFP) and copies can be obtained from contact person Regina Rosario in the Child Advocacy Center at (828) 497-7475 or from Terri Henry in the Office of Public Safety at 825 Acquoni Road, next to the Fire Department or the Child Advocacy Center above the Cablevision.

A Mandatory Site Visit will be held on Monday, June 5th, 2006 at 2:30 pm. All interested parties must make arrangements to attend the site visit in order to give an accurate bid for the project being proposed. All Sealed bids are due Wednesday, June 7th, 2006 at 4:00 pm.

Indian preference (as defined by the Tribal Employment Rights Opportunities) applies for this contract. Equal Employment Opportunities (EEO) documentation as required by Executive 11246 as amended and Regulations (41 CFR Part 60-4) shall apply to the performance of this contract. 5/15

9/10

NOTICE TO CREDITORS

All persons, firms and corporations having claims against James Dovevot Bradley, Deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Barbara Jean Pressley, Administratrix on or before August 18, 2006, or this Notice will be pleaded in bar of recovery. Debtors to the decedent are requested to make immediate payment to the undersigned. This the 18th day of May, 2006.

Barbara Jean Pressley, Administratrix

c/o. Thomas R. Crawford, Esq.

Coward Hicks & Siler, P.A.

705 West Main Street

Sylva, NC 28779

7-10

NOTICE TO CREDITORS

All persons, firms and corporations having claims against Peggy S. Bradley, Deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Executor on or before August 11, 2006, 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 11th day of May, 2006.

Charles Robert Bradley, Executor

c/o Thomas R. Crawford, Esq.

COWARD HICKS & SILER, P.A.

705 West Main Street

Sylva, NC 28779

7-10e

NOTICE OF ADMINISTRATION

Having qualified as Executrix of the estate of Thomas Harold Wilson, 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 122 Shade Tree Drive, Sylva, NC 28779, on or before the 27th day of July, 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 April, 2006.

Connie Hooper, Executrix

Estate of Thomas Harold Wilson

7-10

NOTICE OF ADMINISTRATION

Having qualified as Executor of the estate of Elwyn Q. Deitz, 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 2208, Sylva, NC 28779, on or before the 11th day of August, 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 4th day of May, 2006.

Dan R. Deitz, Executor

Estate of Elwyn Q. Deitz

7-10


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