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08 SP 105
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 ROBERT SCHOLLER, and wife Gelsu T. Dominova to First Priority Title Services, Inc., Trustee(s), which was dated August 4, 2006 and recorded on August 11, 2006 in Book 1608 at Page 708, 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 June 23, 2008 at 2:30PM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit:
Being all of that certain 0.50 acre tract of land known as Lot 61, Unit II, Holly forest, as shown on a plat thereof entitled "Lot 61, Holly Forest, Survey for Robert I. Scholler", drawn by David C. Huntley, RLS, Drawing No J-3462, dated 12/14/99, and recorded in Plat Cabinet 10, Slide 216 of the Jackson County Registry, North Carolina, to which reference is hereby made for a more specific description.
Together with a non-exclusive right of way over all the roads within the Holly Forest subdivision as shown on the above referenced plat, for purposes of ingress and egress between US Highway 64 and subject premises.
Subject to Declaration of Protective Covenants recorded in Book 369, Page 417; Book 533, Page 184; Book 715, Page 6 of the Jackson County Public Registry.
BEING the same property conveyed to Robert I. Scholler and wife, Gelsu D. Scholler by Deed from Grant T. Hammond and wife, Caroline H. Hammond recorded 03/31/00 in Book 1080, page 301 of the Jackson County Registry, North Carolina
Tax ID#8502-12-6355
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 206 Juniper Court, Sapphire, NC 28774.
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, any unpaid land transfer 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 Robert I. Scholler and wife, Gelsu D. Scholler.
An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
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 confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Substitute Trustee
Brock & Scott, PLLC
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 08-05759
12,13e
NOTICE OF FORECLOSURE SALE
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Thomas Fleming Parker, IV and Diana C. Parker, Husband and Wife to Michael Lyon, Trustee(s), dated the 16th day of April, 2007, and recorded in Book 1669, Page 565, 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, Substitute Trustee Services, Inc. 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 in the City of Sylva, Jackson County, North Carolina at 3:30 pm on June 25, 2008 and will sell to the highest bidder for cash the following real estate situated in the County of Jackson, North Carolina, and being more particularly described as follows:
Tax ID Number: 7562-07-6850
Land situated in the County of Jackson in the State of NC.
BEING that 2.19 acre tract as shown of a plat thereof prepared by Cornerstone Surveying, P.C., dated December 12, 2002, and recorded in Plat Cabinet 11 at Slide 996, Jackson County Registry, to which reference is specifically made. Together with improvements located thereon; said property being located at 100 Kettle Creek Road, Cashiers, North Carolina 28747.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.
Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §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 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 the 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. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.
A cash deposit or cashier’s check (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.
An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.
Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This 4th day of June, 2008.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
BY:
Attorney at Law
The Law Firm of Hutchens, Senter & Britton, P.A.
Attorneys for Substitute Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
http://www.fc-sales.com
Case No: 430.131243
12,13e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 07 SP 243
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WILLIAM F. MOYER and wife, ELIZABETH G. MOYER, TO JOHN C. KERSTEN, TRUSTEE, FOR MARVIN SUTTON and wife, MARIE SUTTON, IN BOOK 1606, PAGE 818, JACKSON COUNTY REGISTRY.
NOTICE OF SALE OF
REAL ESTATE BY TRUSTEE
Under and by virtue of the power of sale contained in a certain Deed of Trust executed by William F. Moyer and Elizabeth G. Moyer, to John C. Kersten, Trustee, dated August 2, 1999, and recorded in Book 1606 at Page 818, in the office of the Register of Deeds of Jackson County, North Carolina; and under and by virtue of the authority vested in the undersigned, as Trustee, default having been made in the payment of the indebtedness thereby secured, and the said Deed of Trust being by the terms thereof subject to foreclosure, and the Holder of the indebtedness thereby secured having demanded a foreclosure thereof for the purpose of satisfying said indebtedness, the undersigned Trustee will offer for sale at public auction to the highest bidder for cash at the Jackson County Courthouse, Sylva, North Carolina, at 11:00 o'clock A.M. on the 24th day of June, 2008, all of the property conveyed in said Deed of Trust, which property as of February 14, 2008 was owned by William F. Moyer and Elizabeth G. Moyer, the same lying and being in Jackson County, North Carolina, and more particularly described as follows:
BEING Lot No. 23A, containing 2.05 acres as per plat and survey titled “Lot Number 23A, 23B-Marvin Sutton, Qualla Township, Cranberry Falls Development” by John C. Standingdeer being dated June 21, 2006 and being recorded in Plat Cabinet 15, Slot 145, Jackson County Registry.
TOGETHER WITH and SUBJECT TO an joint easement 25' in width for access to the adjoining lot 23B the center line of which shall be on the center line of that certain 15' access road right of way as shown on the above referenced plat (Note: the right of way is to be 25' in width, not 15' in width as shown on said plat)
SUBJECT TO THE FOLLOWING RESTRICTIONS:
1. No Junk cars;
2. No trailers;
3. The home to be constructed shall be at least 1,500 sq. feet of heated space.
BEING a portion of the property conveyed to Marvin Sutton and wife, Marie Sutton from Patricia L. Marshall f/k/a Patricia L. Czarnik and husband, Thomas W. Marshall by deed dated August 15, 2002 and being recorded in Deed Book 1166, Page 232, Jackson County Registry.
This property is to be sold subject to all encumbrances existing prior to the recording of the above-referenced Deed of Trust, including all valid and enforceable liens and also will be subject to all taxes and special assessments outstanding against the property.
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 holders of the note secured by the Deed of Trust, or both, being foreclosed, nor the attorneys, agents or authorized representative of either the Trustee or the holders 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.
The Trustee, after sale, shall require the highest bidder immediately to make a cash deposit of the greater of 5% of the amount of his bid or $750.00.
The Notice of Sale hereby given is in satisfaction of the requirements of the aforementioned Deed of Trust and the requirements contained in North Carolina General Statute §45-21.17 with respect to posting or publishing notice of sale.
This the 14th day of February, 2008.
John C. Kersten, Trustee
95 Depot Street
Post Office Drawer 1260
Waynesville, NC 28786
(704) 452-5801
12,13e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
08 SP 92
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
IN THE MATTER OF THE FORECLOSURE BY ROBERT F. SILER, SUBSTITUTE TRUSTEE OF A DEED OF TRUST DATED 15 June, 2007, RECORDED IN BOOK 1684, PAGE 270, JACKSON COUNTY LAND REGISTRY, EXECUTED BY FIRST COMMERCIAL DEVELOPMENT CORP., A NORTH CAROLINA CORPORATION
NOTICE OF FORECLOSURE SALE
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by FIRST COMMERCIAL DEVELOPMENT CORP., dated 15 June, 2007, and recorded in the Office of Register of Deeds for Jackson County, North Carolina, in Book 1684, Page 270, 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, Robert F. Siler, Trustee, will expose for sale at public auction on the 26th day of June 2008, at 11:00 AM at the Front Door of the Jackson County Courthouse in Sylva, North Carolina, the following described real property:
Being the same lands, easements, privileges and appurtenances as described in and conveyed by the deed dated June 15, 2007, from James A, Vanderwoude and wife, Lois Vanderwoude and Ft. Knox, Inc. To First Commercial Development Corp., recorded in Deed Book 1684, Page 266, Jackson County Public Registry, to which reference is hereby made for a full and complete description. Said property consisting of 21.53 acres more or less. This sale will be 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 First Commercial Development Corp.
Pursuant to North Carolina General Statutes 545-21.10 (b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon the conclusion of the sale a cash deposit of ten percent (10%) of the bid, up to and including $1,000.00, plus five percent (5%) of any excess over $1,000.00. 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 S545-21.30(d) and (e).
This sale will be held open ten (10) days for upset bids as required by law.
This the 27th day of May 2008.
Robert F. Siler
Substitute Trustee
COWARD, HICKS & SILER, P.A.
43 West Main Street
Franklin, North Carolina 28734
(828) 524-6475
12,13
NOTICE OF PUBLIC HEARING
The Town of Webster will hold a public hearing on the FY 2008 / 2009 Budget on Thursday, June 26, 2008 at 6:00 p.m., Webster Town Hall.
This the 5th day June, 2008.
12
NOTICE OF ADMINISTRATION
Having qualified as the Executor of the estate of Nellie W. Claybo, 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 8508 Chatsworth Lane, Waxhaw, NC 28173, on or before the 12th day of September, 2008, 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 3rd day of June, 2008.
Edward R. Claybo, Executor
Estate of Nellie W. Claybo
12-15
SOLICITATION OF BIDS
Charles Blalock & Sons, Inc. will be bidding on
Buncombe Contract C201849*
Bridge over Broad River
*Denotes DBE/WBE Goal.
In the North Carolina Deapartment of Transportation Letting - June 17, 2008 at 2:00 pm
We are interested in receiving quotes from Disadvantage Business Enterprises for any work or materials on the above referenced project. If you need further information you may contact us at our office in Sevierville, Tennessee at (865) 453-2809 or FAX (865) 453-9181.
Charles Blalock & Sons, Inc. is an Equal Opportunity Employer.
12
SPECIAL PROCEEDING NO. 08SP89
SUBSTITUTE TRUSTEE:
PHILIP A. GLASS
NORTH CAROLINA
JACKSON COUNTY
NOTICE OF FORECLOSURE SALE
Date of Sale: June 17, 2008
Time of Sale: 12:00 p.m.
Place of Sale: Jackson County Courthouse.
Description of Property: See Attached Description
Record Owners: Heirs of Suzette Robinson Nicholson, a/k/a Joy Suzette Nicholson
Address of Property: 230 Woodtop Road, Sylva, NC 28779
Deed of Trust:
Book: 1385 Page: 667 and second Deed of Trust recorded in Book 1616, Page 19
Dated: October 24, 2003 and that second Deed of Trust dated September 8, 2006.
Grantors: Suzette Robinson Nicholson, separated
Original Beneficiary: State Employees’ Credit Union
CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45¢) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308-(a)(1).
This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the sale. 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 purchase price so bid at the time, he shall remain liable on his bid as provided for in North Carolina General statues Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Residential real property with less than 15 rental units: an order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renews on or after October 1, 2007, may, after receiving notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Dated: 4-1-08. Posted on 5-20-08
Philip A. Glass
Substitute Trustee
Nodell, Glass and Haskell, L.L.P.
Exhibit A
DEED OF TRUST
SUZETTE ROBINSON NICHOLSON
LOT #9 WOODTOP SUBDIVISION
BEING AND COMPREHENDING all of Lot #9, as shown on a map or plat prepared by Thomas H., Cabe, RLS, dated May 1979, recorded in Plat Cabinet 1 Slide 343, Jackson County Public Registry, and being more particularly described as follows:
BEGINNING at an iron pipe set in the line of Franklin at the northeast corner of Lot #8 and southeast corner of Lot #9 and runs thence with the line of Franklin N. 3-38 E. 365.43 feet to an iron pipe set in the line of Franklin, corner of Morgan; thence with the boundary of Morgan S. 40.00 W. 238 feet to an iron in the line of Morgan; thence S. 40.00 W. 101.83 feet to an iron pipe; thence S. 64-13 W. 98.3 feet to an iron pipe corner of Fisher; thence with the line of Fisher S. 2-21 E. 84.33 feet and passing an iron pipe at 8.1 feet to an iron pipe set in the line of Fisher and northwest corner of Lot #8 and southwest corner of Lot #9; thence with the northern corner of Lot #8 and southwest corner of Lot #9; thence with the northern boundary of Lot #8 N. 85-22 E. 281.45 feet to the point of BEGINNING and being and comprehending Lot #9 of Woodtop Subdivision as set forth on a map entitled “Johnny Maney” prepared by Thomas H. Cabe, May, 1979.
Being the same lands and premises as conveyed and described by deed dated October, 1979 from Resicom Builders, Inc. to Marilynn D. Wix, recorded in Deed Book 504 Page 208, Jackson County Public Registry.
There is further conveyed to the Trustee, his successors and/or assigns, the perpetual right of ingress and egress over and across the road which serves the Woodtop Subdivision, said road right of way to be used in common with previous and subsequent grantees of party of the first part.
Also TOGETHER WITH such water rights set forth in the By-Laws of Woodtop Subdivision Property Owners Association.
This instrument is made and given SUBJECT TO the reservation of a right of way over the road which leads from the state maintained road to property herein described, it being understood that said right of way is reserved to be used in common with previous and subsequent grantees for other Lots in Woodtop Subdivision, as reserved in deed recorded in Deed Book 504 Page 208, Jackson County Public Registry.
There is further conveyed to the Trustee, his successors and/or assigns, and this instrument is made and given SUBJECT TO the restrictions, conditions and reservations governing Woodtop Subdivision as recorded in Deed Book 498 Page 546, Jackson County Public Registry. This conveyance is also subject to the condition that the party of the second part herein according to the terms of said conditions and restrictions must become a member of the Woodtop Property Owners Association, the Articles of Incorporation of said Association being recorded in Corporation Book 7 at page 447, Jackson County Public Registry.
11,12
08 SP 85
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 JAMES DEHART and wife, MARY DEHART, which was dated August 24, 2004 and recorded in Book 1445 at Pages 119-123, Jackson County, North Carolina Land Registry, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Steven E. Philo, having been substituted as Trustee of said Deed of Trust by instrument 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 Jackson County, North Carolina Courthouse at 2:00 p.m. on 16 June 2008, or the usual and customary location at the county courthouse for conducting the sale, and will sell to the highest bidder for cash the following described property situated in Sylva Township, Jackson County, North Carolina, to wit:
FIRST TRACT: BEGINNING on the southeast corner of Tom Picken’s lot, on the north bank of Scotts Creek Road, and runs with the said Pickens line N. 62 deg. W. 27 poles to Picken’s northeast corner, in Tobitha Dillard’s line on top of ridge; thence a northeast course with Tobitha Dillard’s line on top of ridge 100 feet to the Sylva Supply Company’s northeast corner; thence S. 71 deg. Or (62 deg.) E. 28 poles with the Sylva Supply Company’s line to the north bank of Scotts Creek Road; thence a southwest direction along the north bank of Scotts Creek Road 100 feet to the BEGINNING.
SECOND TRACT: BEGINNING on a stake on the west bank of old Scotts Creek Road, the southeast corner of the land above described, and runs N. 23 deg. E. with the said old road 50 feet to a stake, a southwest corner of Alex Mathis; thence N. 71 deg. W. with Alex Mathis line 28 poles to a stake in the T.I. Dillard’s line on top of ridge, and being stake corner of Alex Mathis; thence with the T.I. Dillard line in a westerly direction and with top of ridge 53 feet to a stake, corner of lot first above described; thence with the line of said lot S. 71 deg. E. 28 poles to the BEGINNING, containing 3/4 of an acre, more or less.
THIS PROPERTY SUBJECT to the right of way of Allen St.
Being the same property conveyed unto Walter Allen and wife, Mary Jo Shepard Allen from Henry Starks (divorced) by Deed dated 01 December 1967 and recorded on 4th December 4, 1967 in Book 322, at page 448, Jackson County Register of Deeds Office, Sylva, North Carolina.
Together with the improvements thereon and the rights, privileges, and appurtenances belonging thereto.
Purchasers must pay the excise tax, and the court fee of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) or major fraction thereof of the final sales price with a minimum of $10.00 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, any unpaid land transfer 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 owners of the property are James DeHart and wife, Mary DeHart.
An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the county in which the property is sold.
This the 23rd day of May, 2008.
Substitute Trustee
Steven E. Philo, NCSB No. 6335
244 Porter St.
Franklin, NC 28734
PHONE: (828) 349-3377
FAX: (828)524-4003
11,12e
NOTICE OF ADMINISTRATION
Having qualified as the Executor of the estate of Sally Irene Tucker, aka Sally G. Tucker, 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 680 Fox Run SW, Vero Beach, FL, 32962, on or before the 5th day of September, 2008, 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 22nd day of May, 2008.
Steven Lester Tucker, Executor
Estate of Sally Irene Tucker,
aka Sally G. Tucker
11-14
NOTICE OF CHANGE IN TIME OF
REGULAR MEETING
OF THE
JACKSON COUNTY
BOARD OF COMMISSIONERS
The Jackson County Board of Commissioners will hold its second Regular Monthly Meeting on Monday, June 16, 2008, at 5:00 p.m., Justice & Administration Building, 401 Grindstaff Cove Road, Room A201, Sylva, North Carolina.
11,12
NOTICE OF PUBLIC HEARING
RE:WILDLIFE LAWS
The Jackson County Board of Commissioners will be available for public comment on June 16, 2008, 7:00 p.m., Justice & Administration Building, 401 Grindstaff Cove Road, Room A201, Sylva, North Carolina
The purpose of the Public Hearing is to receive public input concerning proposed wildlife laws in Jackson County.
Citizens are invited to make written or oral comments.
11,12
NOTICE OF PUBLIC HEARING
JUNE 12, 2007
5:00 PM
RE: PROPOSED FISCAL YEAR 2008-2009 BUDGET
The Jackson County Board of Commissioners will be available for public comment on consideration of the Proposed Fiscal Year 2008-2009 Budget on June 12, 2006 at 5:00 p.m., Justice and Administration Building, 401 Grindstaff Cove Road, Room A201, Sylva, North Carolina.
A copy is available for review on May 22, 2008 at the County Manager’s Office, Finance Office, Jackson County Library and Cashiers Library.
Citizens are invited to make written or oral comments.
11,12
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
08 SP 101
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
In the Matter of Foreclosure
Of Claim of Lien filed against
KEITH D. DEGANNES
KAREN B. DEGANNES
Under Power of Sale
NOTICE OF SALE
NOTICE IS HEREBY GIVEN that by virtue of the power of sale contained in the Master Declaration of Covenants and Restrictions recorded for Mountain Laurel Villas Condominiums in Deed Book 713, Page 554, and all subsequent amendments thereto, and also pursuant to North Carolina General Statute §§ 47A-22 and 47F-3-116, and because of default in the payment of association assessments, the undersigned attorney and agent for the Trustee shall on WEDNESDAY, JUNE 25th, 2008, at 11:00 AM., at the door of the Jackson County Courthouse, offer for sale at public auction to the highest bidder for cash, the following described property:
LEGAL DESCRIPTION: The Interval Ownership Interest known as Mountain Laurel Villas Condominium Bldg 2 Unit # 625, Week #21 as shown on plat of record in Plat Book 4, Page 938, and as more specifically described in that deed recorded in Deed Book 818, at Page 594, Jackson County Registry.
Being the same and identical property which was conveyed by Fairfield Communities, Inc., a Delaware Corporation, as beneficial owner and Lawyers Title Insurance Corporation, A Virginia Corporation, as nominee under the terms of a title clearing Agreement dated January 27, 1983, as amended and restated, to Keith D. Degannes and wife, Karen B. Degannes by deed of record in Deed Book 818, at Page 594, Jackson County Registry.
The terms of the sale are that the real property hereinabove described will be sold for cash to the highest bidder and that the undersigned may require the successful bidder at the sale to immediately deposit cash in the amount of ten (10%) percent of the high bid up to $1,000.00, plus five (5%) of any excess of $1,000.00. The real property hereinabove described will be sold subject to all prior liens, unpaid taxes, restrictions and easements of record, tax liens and assessments.
The sale will be held open for ten (10) days for upset bids as by law required. The record titleholder to said property, ten (10) days prior to posting this Notice, is Keith D. Degannes and wife, Karen B. Degannes.
This the 28rd day of May, 2008.
Jarald N. Willis, Attorney at Law
On Behalf of the Trustee, Barbara Allen
11,12e
NOTICE OF TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
08 SP 88
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Edward Shea, dated March 14, 2006, and recorded in the Office of the Register of Deeds for Jackson County, North Carolina, in Book 1574 at Page 355, and because of default having been made in the payment of the indebtedness secured by said Deed of Trust and failure to do and perform the stipulations and agreements therein contained, and pursuant to demand of the Owner and Holder of the indebtedness secured by said Deed of Trust, the Substitute Trustee, Marjorie R. Mann, will expose for sale at public auction to the highest bidder for cash the property therein described, to wit:
BEING ALL OF Lot 73, Phase II BearPen at RiverRock as the same is shown on a plat entitled “BearPen, LLC Second Phase” recorded in Plat Cabinet 14, Slide 578 of the Jackson County Registry, reference to which is hereby made for a more particular description.
TOGETHER WITH a non-exclusive right-of-way over the existing private access road for the purposes of ingress and egress to subject property as described in the deed recorded in Book 1102, Page 490 of the Jackson County Registry, to which reference is specifically made.
TOGETHER WITH a perpetual and appurtenant right of ingress and egress over all roads existing or hereafter constructed within rights of way in BearPen at RiverRock for access to North Carolina State Road 1157, which are shown in part, on the above-referenced plat, as well as Plat Cabinet 14, Slides 492, 576 and 579.Present Record Owner: Edward Shea
The terms of said sale are that the real property hereinbefore described will be sold for cash to the highest bidder and that the undersigned may require the successful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. 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 the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable as provided in N.C.G.S. § 45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid.
The real property described in the attached Exhibit “A” will be sold subject to any and all superior liens, including taxes, special assessments, right-of-ways, and restrictions of record. The property, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty.
The Owner and Holder of the Note and Deed of Trust reserves the right to withdraw this Notice of Sale, without cause, until the date and time of final transfer of the property.
The sale will be held open for ten (10) days for upset bids as by law required.
Date and hour of sale: June 13, 2008 at 11:00 a.m.
Place of sale: Jackson County Courthouse Steps, Sylva, North Carolina.
This the 13th day of May, 2008.
ROBERTS & STEVENS, P.A.
By:
Marjorie R. Mann, Substitute Trustee
P.O. Box 7647
Asheville, NC 28802
828/252-6600
NC State Bar No. 13202
POSTED BY:
Rebecca Reinhardt
DATE: May 13, 2008
TIME: 11:45 am
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784.0000195
08-SP-48
Conventional-No PMI 0201068376
AMENDED 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 Janet L Davis, unmarried, dated April 14, 2004 and recorded in the Office of the Register of Deeds of Jackson County, North Carolina, recorded on April 14, 2004, in Book 1414 at Page 103; 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 10:00 AM on Thursday, June 19, 2008, that parcel of land, including improvements thereon, situated, lying and being in the City of Glenville, County of Jackson, State of North Carolina, and being more particularly described as follows:
Located in Jackson County North Carolina and being all of tract #2 as shown on a plat Cabinet 12 slide 709.
TOGETHER with the road right of way as shown on the above referenced plat with full rights of ingress, egress and regress for the purpose of repairing and maintaining the said road
Address of property: 234 Bee Tree Road, Glenville, NC 28736
Present Record Owners: Janet L. Davis
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.
Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units:
An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Dated: May 30, 2008
Kellam & Pettit, P.A.
Substitute Trustee
Posted:
Witness:
Assistant/Deputy Clerk
of Superior Court
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STATE OF NORTH CAROLINA
COUNTY OF JACKSON
File No: 08 SP 98
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 John C. Walton and Kimberly D. Walton, husband and wife, original mortgagors, and recorded in the Office of the Jackson County Register of Deeds in Deed of Trust Book 1668, at Page 487. 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 10:00 a.m. on the 17th day of June, 2008 at the Jackson County Justice and Administration Building door in the City of Sylva, North Carolina.
3. The real property to be sold is generally described as Lot #25, Barkers Creek Reserve, Whittier, NC 28789 and described as follows:
BEING Lot #25 containing 3.30 acres of Barkers Creek Preserve Subdivision, as shown on the plat thereof by William R. Howell, P.L.S., Tuckasegee Surveying, drawing #R13-D 77-05, 3-10,000, dated August, 2005, recorded in Cabinet 14, Slide 470, Jackson County Public Registry, to which reference is hereby made for a full and complete description.
Together with the right to use in common with Grantor, its heirs, successors and assigns, and with all others who now have or may in the future acquire the right to use the same, and this conveyance is made subject to, easements and rights of way for roadway and utility lines and facilities, as shown on the above mentioned recorded plat and as the same extend to State Road 1392.
The foregoing conveyance includes the benefits of and is made subject to the provisions of the Declaration of Restrictive Covenants, Easements, and Conditions for Barkers Creek Preserves, a Subdivision, dated July 15, 2005, recorded in Book 1516, Page 764, Jackson County Public Registry, and to the First Amendment thereto, dated July 25, 2005, recorded in Book 1522 at page 662 and the Second Amendment thereto, dated September 16, 2005, recorded in Book 1531, Page 288, Jackson County Public Registry.
This conveyance is further made subject to easements for existing roadways and utility lines and facilities, to restrictions of record, and to applicable land use laws and ordinances.
Any property described in the Deed of Trust which is not being offered for sale is described as follows: N/A
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.
9. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
THIS the 19th day of May, 2008.
William Richard Boyd, Jr.
Substitute Trustee
474 Mountain Cove Road
Waynesville, North Carolina 28786
DMS:4850-3518-5410v1|12472-12472-0287|5/16/2008
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IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
IN RE: ANNA ROSE LANSPERY
Having qualified as Administratrix of the Estate of ANNA ROSE LANSPERY, 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 them, duly verified, to the undersigned: Jamie Ann Lanspery C/O Michele D. Smith, Attorney at Law, Pavey & Smith P.A., 33 Dillsboro Road, Sylva, North Carolina, 28779, on or before August 25, 2008 , 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 19th day of May, 2008.
JAMIE ANN LANSPERY, Administratix
C/O Michele D. Smith
Attorney at Law
Pavey & Smith P.A.
33 Dillsboro Road
Sylva, North Carolina, 28779
828-586-8987
10-13
PUBLIC NOTICE
The proposed budget of Smoky Mountain Center for Mental Health, Developmental Disabilities, and Substance Abuse Services for the fiscal year beginning July 1, 2008, has been presented to the governing Board and is currently available for public inspection at Smoky Mountain Center’s Administrative Offices at 44 Bonnie Lane, Sylva, NC. The governing Board will adopt the budget at the regularly scheduled Board meeting at 6:00pm, June 26, 2008. Two meeting sites are available - Smoky Mountain Center’s Administrative Offices at 44 Bonnie Lane, Sylva, NC or 158 Grandfather Home Way, Banner Elk, NC.
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NOTICE OF ADMINISTRATION
Having qualified as the Administratrix of the estate of George Anthony Saunooke, 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 965, Sylva, NC 28779, on or before the 29th day of August, 2008, 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 26th day of October, 2007.
Tina Welch Saunooke, Administratrix
Estate of George Anthony Saunooke
Attorney at Law
J. Hunter Murphy
Sylva, NC 28779
828-586-3131
10-13
NOTICE OF ADMINISTRATION
Having qualified as the Executrix of the estate of William Lamar Christy, 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 2225, Cashiers, NC 28717, on or before the 29th day of August, 2008, 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 May, 2008.
Louise S. Christy, Executrix
Estate of William Lamar Christy
10-13
NOTICE OF ADMINISTRATION
Having qualified as the Executor of the estate of Shirley I. Mills, 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 99 Wyatt Lane, Waynesville, NC 28786, on or before the 29th day of August, 2008, 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 May, 2008.
Danny K. Mills, Executor
Estate of Shirley I. Mills
10-13
NOTICE OF ADMINISTRATION
Having qualified as the Executrix of the estate of Lee B. Chapman, deceased, late of Jefferson County, Alabama, this is to notify all persons having claim against the estate of said deceased to exhibit them to the undersigned on or before the 29th day of August, 2008, or this notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 29st day of May, 2008.
Karen S. Chapman, Executrix
Robert F. Siler
Resident Process Agent
Coward, Hicks and Siler, P.A.
43 West Main Street
Franklin, North Carolina 28734
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NOTICE TO CREDITORS
All persons, firms and corporations having claims against Jane Erwin Whitmire, Deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Executor on or before August 22, 2008, 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 22nd day of May, 2008.
Michael Erwin Whitmire, Executor
c/o Thomas R. Crawford, Esq.
COWARD HICKS & SILER, P.A.
705 West Main Street
Sylva, NC 28779
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NOTICE OF SECOND PRIMARY ELECTION
JACKSON COUNTY, NORTH CAROLINA
A 2nd primary will be held on 06/24/2008 in Jackson County, North Carolina to vote on Democrat Commissioner of Labor. Polls will be open from 6:30 a.m. until 7:30 p.m. The polling places will be located at:
Barkers Creek Barkers Creek Com Bldg
Canada Canada Fire Dept
Caney Fork Caney Fork Com. Bldg
Cashiers Cashiers Fire Dept.
Cullowhee Cullowhee Rec Center
Dillsboro Dillsboro Town Hall
Greens Creek Savannah Com. Bldg
Hamburg Glenville Com. Bldg
Mountain Pine Creek. Com. Bldg.
Qualla Qualla Com. Bldg
River Tuckaseegee Fire Dept.
Savannah Savannah Fire Dept.
Scotts Creek #1 Old Scotts Creek School (HUB)
Scotts Creek #2 Willets Com. Bldg.
Scotts Creek #3 Balsam Com. Bldg
Sylva-North Justice & Administration Bldg
Sylva-South Community Service Bldg
Webster Old Webster School
Absentee ballots are allowed. Requests for an absentee ballot must be made in writing and received in the Jackson County Board of Elections office by 5:00 p.m. on June17th. Absentee voting by mail is allowed until 5:00 p.m. on June 23rd. The Board of Elections will meet on June 10th, 17th and other times as may be necessary for the purpose of approving absentee ballot applications.
One-stop voting will be held at the following locations:
Board of Elections Office: 401 Grindstaff Cove Road, Sylva 28779 M-F 8-5 and Sat June 21st 10-1
One-stop voting begins on Thursday June 5th or as soon as ballots are received and ends on Saturday June 21st. Canvass Day will be held at 11:00am in the Jackson Board of Elections Office in Sylva on Tuesday, 07/1/2008. Persons wishing to register and vote after the registration deadline may appear in person at a one-stop absentee voting site, complete the voter registration application form and provide proof of residence by presenting valid documents showing current name and address.
All residents of Jackson County who are registered to vote with the Jackson County Board of Elections and didn’t vote a Republican party primary ballot in the first primary are eligible to vote in this upcoming Democrat 2nd Primary. Voter registration will remain closed from 1st Primary deadline.
For additional information contact the Jackson Board of Elections at 828-586-7538 and Jackson.boe@gmail.com and lisalovedahl@jacksonnc.org.
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