|
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.
MEETING NOTICE
The Dillsboro Town Board will meet with the Dillsboro Planning Board on Wednesday morning, September 20th at 9 A.M. at the Dillsboro Town Hall.
24e
NOTICE OF ADMINISTRATION
Having qualified as Executor of the estate of Louise Muse Sutton, 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 975, Cullowhee, NC 28723, on or before the 7th day of December, 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 29th day of August, 2006.
Lewis Franklyn Sutton, Executor
Estate of Louise Muse Sutton
24-27
NOTICE
Smoky Mountain Center in Sylva, NC, is issuing a Request for Proposal for the development of a Child Residential Treatment Level IV Facility or a Psychiatric Residential Treatment Facility (PRTF) in Franklin, NC. Eligible bidders must be organized as not for profit, for profit, or government organizations. Further information may be obtained at: www.smokymountaincenter.org.
24
PROSPECTIVE BIDDERS
Western Builders of Sylva is accepting minority sub-bids for MBE’s and WBE’s to furnish and install materials for:
CONSTRUCTION of the CHEOAH RANGER DISTRICT OFFICE
ROBBINSVILLE, NORTH CAROLINA
All bids must be received in our office by 9:00 am, Monday, September 11, 2006. Bid is 12:00 pm, Monday, September 11, 2006. 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.
24
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of Betty Lou Anders, late of 348 John Deitz Road, Sylva, 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 Street, Suite 12, Waynesville, NC 28786, on or before the 6th day of December, 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 7th day of September, 2006.
Larman Mark Taylor
Administrator of the Estate
of Betty Lou Anders
c/o Sarah P. Wenzel, Attorney
160 N. Main St, Ste 12
Waynesville, NC 28786
24-27
NOTICE
A draft of the Regional Comprehensive Economic Development Strategy is available for review at the office of the Southwestern Commission, 125 Bonnie Lane, Sylva, NC until 5 pm September 22, 2006. The final copy of the Comprehensive Economic Development Strategy will be submitted to the US Department of Commerce on September 29, 2006.
24
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
06-SP-133
NORTH CAROLINA
JACKSON COUNTY
IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF
J. ALLEN MCPEEKE AND
JESSIE ALLYN MCPEEKE,
Grantor,
To
MARK T. ADERHOLD, ESQUIRE
Substitute Trustee,
AS RECORDED IN BOOK 1073 AT PAGE 869 OF THE JACKSON PUBLIC REGISTRY.
NOTICE OF SUBSTITUTE TRUSTEE'S
SALE OF REAL ESTATE
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by J. ALLEN MCPEEKE and JESSIE ALLYN MCPEEKE, dated November 4, 1999, and recorded in the Office of the Register of Deeds for Jackson County, North Carolina, in Book 1073 at Page 869, 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, MARK T. ADERHOLD, Substitute Trustee, will expose for sale at public auction on the 20th day of September, 2006 at 3:30 PM at the door of the Jackson County Courthouse, Sylva, North Carolina, the real property described in Exhibit A attached hereto and incorporated herein by reference (including permanent structures, if any, and any other improvements attached to the real property including any mobile home or manufactured home, whether single wide or double wide, located thereon).
EXHIBIT A
BEGINNING on an existing iron rod in line of Greg Rhinehart, now or former (DR 1016/508), thence with line of Rhinehart, S 39-53-19 E 48.25 feet to a point in the center line of 60 foot right of way for roadway; thence leaving Greg Rhinehart and with line of Joseph Rhinehart (DR 892/491), S 26-22-18 W 116.01 feet to a point; thence, a curve to the right with a radius of 208.00 feet and length of 79.15 feet, Chord Bearing, S 07-38-31 W 66.79 feet to a point; thence S 11-05-14 E 13.42 feet to a point in the center line of intersection of 30 foot right of way for roadway; thence a curve to the left with a radius of 575.00 feet and a length of 79.88 feet, Chord Bearing S 00-11-13 E 78.67 to a point in the center line of 60 foot right of way; thence leaving road right of way and with line of Lot #2, N 65-04-55 W 231.47 feet , passing an iron rod set at 15 feet to an iron rod set in line of Greg Rhinehart; thence leaving Lot #2 and with line of Greg Rhinehart, N 49-34-43 E 310.72 feet to the POINT OF BEGINNING containing 0.771 acres by coordinate computations and being Lot #1 Savannah Meadows containing 0.771 acres by coordinate computations per survey by Kevin D. Goldsmith RLS dated February 23, 1999, Revised September 21, 1999, entitled Savannah Meadows, drawing # 99-544.
There is conveyed unto the Trustee, his successors or assigns, road rights of way as described in and conveyed by deed recorded in Book 1016 Page 505, Jackson County Registry.
There is further conveyed unto the Trustee, his successors or assigns, and there is EXCEPTED AND RESERVED, a joint right of way for roadway, 60 feet in width and a joint right of way for roadway, 30 feet in width over the easternmost boundary of the lands herein conveyed, as shown on the above referenced plat, providing to the lands herein conveyed, and other lots in Savannah Meadows, TOGETHER WITH full rights of ingress and egress and for the purposes of inspecting and maintaining said road and road right of way.
There is conveyed unto the Trustee, his successors or assigns, EXCEPTED AND RESERVED and SUBJECT TO the lawful rights of others in and to the use of same, an appurtenant joint water right and easement in and to the existing well, water pipelines and water system located on Lot #4, Lot#3 and Lot#2 providing water to the lands herein conveyed and other lots in Savannah Meadows, for the purpose of ingress and egress over, through and across the lands whereon said well and water system are located and for the purposes of laying, inspecting, maintaining and repairing water pipelines, with costs of maintenance and usage for said well and water system to be shared equally by all parties having the lawful right to the use of same.
There is EXCEPTED AND RESERVED and this conveyance is MADE AND GIVEN SUBJECT TO an easement for a septic system repair area for the use and benefit of Lot #2 Savannah Meadows, as same is to be located along the southern portion of the lands herein conveyed.
This conveyance is MADE AND GIVEN SUBJECT TO the Declaration of Covenants, Conditions, Restrictions, and Easements governing Savannah Meadows Subdivision in Savannah Township, Jackson County, recorded in Book 1050, Page 280 Jackson County Registry and the Amendments to the Declaration of Covenants, Conditions, Restrictions and Easements governing Savannah Meadows Subdivision recorded September 3, 1999 in Book 1058 Page 434 Jackson County Registry.
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owner of the above described real 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 J. ALLEN MCPEEKE and JESSIE ALLYN MCPEEKE
Pursuant to North Carolina General Statutes Section 45-21.10, and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit not to exceed the greater of five percent (5.0%) of the amount of the bid or seven hundred fifty dollars ($750.00). Any successful bidder shall be required to tender the full balance 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 purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). Should the property be purchased by a third party, that party must pay the tax of Forty-five Cents ($0.45) per One Hundred Dollars ($100.00) pursuant to N.C.G.S. § 7A-308(a)(1).
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 Substitute Trustee nor the holder of the Universal Note secured by the deed of trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Universal Note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.
This sale will be held open ten (10) days for upset bids as required by law.
This the 29th day of August, 2006.
MARK T. ADERHOLD, Substitute Trustee
2596 Reynolda Road, Suite C
Winston-Salem, North Carolina 27106
(336) 723-3530
24,25e
NOTICE OF ADMINISTRATION
Having qualified as Executrix of the estate of Allen Wallace Imershein, 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 93 Greenough Road, Sopchoppy, FL 32358, on or before the 17th day of November, 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 July, 2006.
Donna Jesse Crowley, Executrix
Estate of Allen Wallace Imershein
21-24
PROSPECTIVE BIDDERS
Western Builders of Sylva is accepting minority sub-bids for MBE’s and WBE’s to furnish and install materials for:
GRAHAM COUNTY
HEALTH DEPARTMENT BUILDING
ROBBINSVILLE, NORTH CAROLINA
All bids must be received in our office by 10:00 am, Thursday, September 7, 2006. Bid is 2:00 pm, Thursday, September 7, 2006. 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.
22-24
NOTICE OF ADMINISTRATION
Having qualified as Executor of the estate of Elaine H. Spencer, 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 143 Allen Henson Circle, Sylva, NC 28779, on or before the 30th day of November, 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 August, 2006.
Jerald F. Spencer, Executor
Estate of Elaine H. Spencer
23-26
IN THE JUVENILE COURT OF MCNAIRY COUNTY, TENNESSEE
STATE OF TENNESSEE
DEPARTMENT OF CHILDREN’S SERVICES,
PETITIONER NO. C-711
vs. DANIEL MICHELL, alleged father of Gabriel Tanner
and
CHAD MAYS, alleged father of Ariel Brown
and
MICHAEL BROWN, legal father of Ariel Brown
RESPONDENTS
IN THE MATTER OF:
GABRIEL TANNERS, D.O.B. 9/25/00
ARIEL BROWN, D.O.B. 11/25/03
Children Under Eighteen (18) Years of Age
ORDER OF PUBLICATION
It appearing to the Court from the allegations of the Petition in this cause and the affidavit of the Petitioner that the whereabouts of the Respondent, Michael Brown, is unknown and that ordinary process of law cannot be served upon him,
It is, therefore, ordered that the Respondent be served by publication of the following notice for four (4) consecutive weeks in the Sylva Herald, a newspaper of general circulation in Sylva, North Carolina.
MICHAEL BROWN:
The State of Tennessee, Department of Children’s Services, has field a petition against you seeking to terminate forever your parental rights to Ariel Brown on the grounds that you have willfully abandoned this child and for other reasons. It appears that ordinary process of law cannot be served upon you because your whereabouts are unknown. You are, therefore, ordered to respond by appearing in Court or filing an Answer to the Petition filed against you. A copy of the Petition may be obtained at the office of the Juvenile Court of McNairy County, Tennessee, at the McNairy County Criminal Justice Center, 300 Industrial Park Drive, Selmer, Tennessee 38375. This notice will be published for four consecutive weeks. The last date of the publication will be 9-21-06. You must appear in Court on 10-31-06 at 9:00 a.m. to appear or defend, or file an Answer before them upon counsel below, or a Default Judgment or judgment on the facts will be taken against you and hearing to terminate your parental rights will be set. All future hearings and/or documents filed in this cause, shall be filed with the clerk and shall be considered as service upon you. You may request your copy from the clerk.
ENTER this the 17th day of August, 2006.
Judge Bob Gray
Prepared for Entry:
Nancy S. Nelson
Assistant General Counsel
State of Tennessee
Department of Children’s Services
1124 Whitehall St., Jackson, TN 38301
(731) 265-7056
23-26
PUBLIC HEARING
The Town of Sylva Board of Commissioners shall conduct a public hearing on September 21, 2006 at 9:30 am in the Board Room at Town Hall, 83 Allen Street. The purpose of the hearing is to receive public comment on the proposed closing of Third Avenue, an unopened street as depicted on Jackson County Plat 114, Cabinet 2 Slide 58 entitled Harris Hills Subdivision, recorded January 11, 1929, as prepared by H.R. Queen.
22-25e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
06 E 174
STATE OF NORTH CAROLINA
JACKSON COUNTY
IN THE MATTER OF THE ESTATE OF:
TALMADGE W. FOX, Decedent
NOTICE TO CREDITORS AND DEBTORS
Karen F. Baggett, having qualified as Executrix of the Will and of the Estate of Talmadge W. Fox, deceased, late of Jackson County, North Carolina, do hereby notify all persons, firms, and corporations having claims against the estate to present such claims to her c/o Diane E. Sherrill, Attorney for the Estate, at Post Office Box 365, Sylva, North Carolina, 28779, on or before November 22, 2006, or this notice will be pleaded in bar of their recovery. All persons, firms, and corporations indebted to the estate will please make immediate payment.
This the 24th day of August, 2006.
Karen F. Baggett, Executrix and
Diane E. Sherrill, Attorney for the
Estate of Talmadge W. Fox
P.O. Box 365
Sylva, NC 28779
828-586-4051
22-25
NOTICE OF ADMINISTRATION
Having qualified as Administrator of the estate of Bobbie Nell Ensley Gunter, 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 162 Keepsake Lane, Whittier, NC 28789, on or before the 24th day of November, 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 16th day of August, 2006.
Michael Ray Gunter, Administrator
Estate of Bobbie Nell Ensley Gunter
22-25
LEGAL
The September meeting of the council of the Village of Forest Hills has been changed from September 4 to September 11, because of the Labor Day holiday. The meeting will be held in the University Inn, in Forest Hills, Cullowhee, from 7 until 9 p.m.
Richard W. Iobst
Administrator, Village of Forest Hills
22-24
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
File No: 06 SP 128
NOTICE OF SALE
TAKE NOTICE THAT: William Richard Boyd, Jr., Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as follows:
1.The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Frank T. Smith and Sabrina J. Smith, original mortgagors, and recorded in the Office of the Jackson County Register of Deeds in Deed of Trust Book 1205, at Page 96 and re-recorded in Trust Book 1225, at Page 697. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A
2.The property will be sold by the Substitute Trustee at 11:00 a.m. on the 15th day of September, 2006 at the above named County Courthouse door in the City of Sylva, North Carolina.
3.The real property to be sold is described as follows:
BEING ALL OF LOTS 3, 4, and 5, SECTION C OF HIGHLANDS-CASHIERS HARBOR CLUB shown on a Plat prepared by James R. Davenport, RLS and being recorded in Plat Cabinet 6, Slide 532 of the Jackson County Registry, which reference is made for a full description of said Lot.
Being a portion of the lands conveyed to Frank T. Smith, III and wife, Sabrina J. Smith by deed recorded in Book 834, Page 443, Jackson County Registry.
TOGETHER WITH and SUBJECT TO a non-exclusive right of way over all the roads within Highlands-Cashiers Harbor Club, together with continuations thereof, for purposes of ingress and egress between North Carolina State Road 1155 and the lands herein conveyed.
SUBJECT TO that certain Declaration of Covenants, Conditions, Restrictions and Easements for Highlands-Cashiers Harbor Club recorded in Book 742, Page 465, Jackson County Registry, to which reference is specifically made, together with all supplementals and/or amendments thereto.
and
BEING ALL OF LOT 13 of CREEKWOOD SUBDIVISION containing 0.84 ACRES, as shown on a plat dated May 16, 1984 and recorded in Plat Cabinet 3, Slide 520, Jackson County Registry.
Together with an subject to a non-exclusive right of way of 60 feet in width, 30’ on each side of the western and northern property lines, over the access road leading from N.C. Highway 107, as shown on the above referenced plat.
Subject to the Declaration of Covenants, Conditions, Restrictions and Easements of Creekwood Property Owners of Cashiers, Inc. as recorded in Book 584, Page 20, and as amended in Book 888, Slide 10, Jackson County Registry.
Subject to a utility easement of 40’ in width for the portion across Lot 13, as shown on the plat recorded in Plat Cabinet 3, Slide 520, Jackson County Registry.
Being a portion of the lands conveyed to Frank T. Smith, III and wife, Sabrina J. Smith by deed recorded in Book 841, Page 342, Jackson County Registry.
Any property described in the Deed of Trust which is not being offered for sale is described as follows:
Less and except all of that property described in that certain release deed recorded in Book 1416, Page 282, Jackson County Registry and any other release deeds of record.
4.Any buildings located on the above-described property are also included in the sale.
5.The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substitute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00).
6.All bidders bid for the property AS IS on the date of sale. Absolutely no warranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee.
7.The property will be sold subject to all unpaid taxes and special assessments.
8.The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust.
THIS the _____ day of August, 2006.
William Richard Boyd, Jr.
Substitute Trustee
474 Mountain Cove Road
Waynesville, North Carolina 28786
24,25e
|
