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LEGALS
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IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 06-SP-16
STATE OF NORTH CAROLINA
JACKSON COUNTY
In the Matter of the Foreclosure of
The Deed of Trust of Richard Allen Guenther,
Mortgagor-Grantor
To
Kimberly C. Lay, Substitute Trustee
and
Patricia Darlene McChesney,
Beneficiary-Noteholder
As recorded in Deed of Trust Book 1494, Pages 53-56 and re-recorded in Book 1495, Pages 3-6, Jackson County Registry
NOTICE OF FORECLOSURE RE-SALE UNDER DEED OF TRUST
Under and by virtue of an order of the Clerk of Superior Court of Jackson County, North Carolina entered in the above-entitled action on May 4, 2006 authorizing the undersigned to proceed with the foreclosure of the above-referenced Deed of Trust was recorded in Deed Book 1494, Pages 53-56 and re-recorded in Book 1495, Pages 3-6 in the office of the Register of Deeds of Jackson County, North Carolina, whereby the undersigned was substituted as Trustee under the provisions of said Deed of Trust (See Substitution of Trustee instrument recorded in Book 1562, Pages 357-358, Jackson County Public Registry) and under and by virtue of the power of sale contained in the above-referenced Deed of Trust, the undersigned Substitute Trustee will offer for resale at public auction to the highest bidder for cash at ten o'clock (10:00) AM., on the 11th day of July, 2006, at the Jackson County Justice and Administration Center, 401 Grindstaff Cove Road, in Sylva, Jackson County, North Carolina, the property described in the Deed of Trust recorded in Book 1494, Pages 53-56 and re-recorded in Book 1495, Pages 3-6, Jackson County Registry which description is incorporated herein by express reference as if fully set out herein.
This is a resale of the above-described property, a previous sale having been held on the 1st day of June, 2006 under and by virtue of an order of the Superior Court of Jackson County, North Carolina, however, publication of the Notice of Hearing as required by law was not had, therefore Order of Resale was entered on the 20th day of June, 2006.
The above-described property will be sold subject to all unpaid county and city ad valorem taxes, special assessments, prior liens, and encumbrances, if any.
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 Richard Allen Guenther.
The Substitute Trustee will require a deposit equal to five percent of the bid or $750.00, whichever is greater, from the highest bidder at the time of the sale as evidence of good faith.
If the highest bidder fails to make the required deposit the person holding the sale may at the same time and place immediately reoffer the property for sale. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders to him/her a deed for the property or attempts to tender such deed.
The sale will be reported to the court and will remain open for advance or upset bids for a period of ten (10) days as required by law.
This 20th day of June, 2006.
Kimberly C. Lay, Attorney at Law
Substitute Trustee
P.O. Box 1011
Sylva, NC 28779
828-586-3200
14,15
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NO#: 05-CVD-722
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
HENRY ADONAY COLINDRES, Plaintiff,
vs.
VERLINDA D. MINER, Defendant,
NOTICE OF SERVICE BY PUBLICATION
TO: Verlinda D. Miner, the above named defendant:
TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief sought is as follows: Divorce.
You are required to make defense to such pleading not later than the 10th day of August, 2006, said date being more than 40 days from the first publication of this notice, or from the date complaint is required to be filed, whichever is later; and upon your failure to do so the party seeking service is against you will apply to the court for the relief sought.
This the 21st day of June, 2006.
Andrew N. Patterson, II
Attorney for the Plaintiff
90 East Main Street, Suite 1
Sylva, NC 28779
Phone: 828-586-4247
Fax: 828-586-9710
14-16
MEETING NOTICE
Town of Dillsboro Council of Citizens will meet July 6, 2006, at 9:00 am at the Dillsboro Town Hall.
14
NOTICE TO CREDITORS
All persons, firms and corporations having claims against Joelle R. Mathis, Deceased, of Clay County, Missouri are notified to present their claims to the below-named Ancillary Administrator on or before September 15, 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 15th day of June, 2006.
Richard M. Mathis,
Ancillary Administrator
c/o Thomas R. Crawford, Esq.
COWARD HICKS & SILER, P.A.
705 West Main Street
Sylva, NC 28779
12-15e
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 Alva L. Wallis III, A MARRIED PERSON and Susan A. Wallis, A MARRIED PERSON to Stuart Clarke at Thorpe & Clark, Trustee(s), which was dated March 18, 2004 and recorded on March 19, 2004 in Book 1408 at Page 619, 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 July 11, 2006 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit:
Legal description for the Deed of Trust dated March 18, 2004 from Alva L. Wallis III, and wife, Susan A. Wallis, Grantors, to Stuart Clarke, Trustee for Cendant Mortgage Corporation, Beneficiary, which has an address of 3000 Leadenhall Road, Mount Laurel, New Jersey 08054.
Being the same lands and premises described as "Tract One" and "Tract Two" in the Substitute Trustee's Deed dated January 30, 2004, from David T. Simpson Jr., Substitute Trustee, Grantor, to First Charter Bank, Grantee, recorded in Book 1216 at Page 593, Jackson County Public Registry, reference to which should be had for a more full and complete description.
Together with that certain waterline easement set forth and more fully described in the above referenced deed, to which reference should be had.
This conveyance is made and given subject a sewer line right of way agreement recorded in Book 495 at Page 520, Jackson County Public Registry, to which reference should be had.
This instrument is further made and given subject to all road rights of way and utility easements of record.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 60 Mills Branch Road, 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 Alva L. Wallis, III and wife, Susan A. Wallis.
Substitute Trustee
Brock & Scott, PLLC
Jeremy B. Wilkins, NCSB No. 32346
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 06-03183
14,15e
IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
JACKSON COUNTY674.189
06-SP-10
VA Residential 18-18-6-0657529
NOTICE OF SUBSTITUTE TRUSTEE'S FORECLOSURE SALE OF REAL PROPERTY
UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Jamie E. Lewis and Tina M. Lewis, dated September 1, 1998 and recorded in the Office of the Register of Deeds of Jackson County, North Carolina, recorded on September 2, 1998, in Book 1015 at Page 098; 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 Jackson County Courthouse, in Sylva, North Carolina at 1:00 PM on Wednesday, July 12, 2006, that parcel of land, including improvements thereon, situated, lying and being in the City of Sylva, County of Jackson, State of North Carolina, and being more particularly described as follows:
BEGINNING at an existing iron pin at an ash, corner common to Wilbanks (602-115) and Pressley (1 75-171); thence running with the Wilbanks line, N 86°12’l0” W 247.81’ to an existing iron pin in the line of Bateman (462-535); thence with the Bateman line, S 19°58’30” W 99.73’ to an existing iron pin, N 83°21’50” W 77.70’ to an existing Iron pin, S 73°29’25” W 67.16’ to an iron rod set, S 83°07’ 15” W 72.55’ to an iron. rod set, S 68° 09’ 15” W 18.55’ to a point near the edge of SR 1303; thence running a severance line with Bingham (690-681), S 11°40’30” W 25.45’, S 01°58’50” E 87.55’ to a point in the Long Branch; thence running with a fence line and continuing with Bingham, S 68°53’35” E 281.19’ to a 24-inch black oak in a fence line; thence with said fence and with the line of Pressley, N 38° 30’ l5” E 404.70’ to the point of BEGINNING, consisting of 2.18 acres, more or less, as shown on a plat for Tom Hooks, Savannah Township, Jackson County, North Carolina, bearing date 8-7-90, as mapped and platted by G.L. Sprinkle, RLS, Drawing No. 2003.
BEING AND COMPREHENDING a portion of Tract 1 of a deed dated May 27, 1957, from Lloyd Franks, et ux, to George Mack Bingham, et ux, as recorded in Book 222, Page 168, Jackson County Public Registry.
TOGETHER WITH a right of way for the existing access driveway which extends from SR 1303, said right of way to be 10 feet in width; TOGETHER WITH full and unobstructed rights of ingress, egress and regress over and upon said roadway for the purpose of building and maintaining same. Said road rights to be perpetual, assignable and to run with the lands herein conveyed.
EXCEPTING AND RESERVING unto George Mack Bingham and wife, Mary Edna Bingham, their heirs and assigns, joint rights to the use of the existing water system serving the dwelling located on the above described lands, TOGETHER WITH an easement for the existing water pipelines extending from said water system to the lands being retained by George Mack Bingham, et ux recorded In Book 690, Page 681, Jackson County Registry, along with the waterlines which presently serve the home of Barry Bateman in Book 462, Page 535, Jackson County Registry. TOGETHER WITH full and unobstructed rights of ingress and egress over and upon the lands hereinabove described and conveyed for the purpose of maintaining said water system and water pipelines.
Address of property: 212 Garnet Road, Sylva, NC 28779
Present Record Owners: Jamie E. Lewis and Tina M. Lewis
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. §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: June 12, 2006
Kellam & Pettit, P.A.
Substitute Trustee
Assistant/Deputy Clerk of Superior Court
14,15e
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