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PUBLIC NOTICE
The Town of Sylva Personnel Committee will be meeting with the Public Works Department on September 9, 2008 at 9:00 a.m. in the Board Room at Municipal Hall, 83 Allen Street.
24e
NOTICE OF MEETING
JACKSON COUNTY
BOARD OF COMMISSIONERS
The Jackson County Board of Commissioners will hold its first monthly meeting on September 8, 2008 at 6:00 p.m., Justice & Administration Building, Room A201, 401 Grindstaff Cove Road, Sylva, North Carolina.
23,24e
NOTICE OF ADMINISTRATION
Having qualified as Executrix of the estate of Michael Ernest Jenkins, 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 2097, Sylva, NC 28779, on or before the 4th day of December, 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 August, 2008.
Margaret J. Woodard, Executrix
Estate of Michael Ernest Jenkins
22-25
VOLUNTEER FIRE DEPARTMENT
PUBLIC HEARING
LEGAL NOTICE
Notice is hereby given, pursuant to Public Law, No. 100-647 S1013(a) (24)(A) (1988), the undersigned will hold public hearing on Sept. 19, 2008 at 7 p.m. at the location of the undersigned listed below to discuss its acquisition by lease purchase of: 1 Freedom Fire Apparatus Tanker with a 3000 Gallon Tank Mounted on a 2009 Peterbilt Chassis, and financial arrangements related thereto.
Approximate amount of issue: $198,000.00.
All interested parties are invited to attend.
IN WITNESS WHEREOF, I have hereunto set my hand and Official Seal at my office in Sylva this 25th day of August, 2008.
Ronnie Dan Buchanan
Corporate Secretary
Savannah Volunteer Fire Department
18 Ralph Tatham Rd.
Sylva, NC 28779
24
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 08 CVD 448
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
MARJORIE H. WEBER, Plaintiff,
v
JESSIE ROGERS HARRIS,
ET US, ET ALS, Defendants
NOTICE OF SERVICE OF PROCESS BY PUBLICATION
TO: Veronica A. Weinstein; Bari Lynn Weinstein; Nannette Helene Clark
NOTICE OF SERVICE OF
PROCESS BY PUBLICATION
TAKE NOTICE: That a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is as follows:
To establish ownership and boundaries of the Marjorie H. Weber tract of land in Apple Valley Subdivision, Woodfin Section, Scotts Creek Township, Jackson County, North Carolina, containing 1.96 acres, more or less, recorded in plat Cabinet 17, Slide 333, Jackson County Registry, to which specific record reference is hereby made.
You are required to make defense to such pleading not later than forty (40) days after August 29, 2008, or upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.
This the 21s day of August, 2008.
R. Phillip Haire
Attorney for Plaintiff
PO Box 727
Sylva, NC 28779
(828) 586-1771
23-26
PUBLIC NOTICE
The Town of Sylva Finance Committee will meet on September 3, 2008 at 9:00 a.m. in the Board Room at Municipal Hall, 83 Allen Street. The purpose of the meeting is to discuss the investments for the Fisher Creek Watershed Conservation Trust Fund monies.
23e
NOTICE OF ADMINISTRATION
Having qualified as Executrix of the estate of Beulah Loftis Jones, 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 788, Franklin, NC 28744, on or before the 7th day of November, 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 1st day of August, 2008.
Mary Browning, Executrix
Estate of Beulah Loftis Jones
20-23
NOTICE
PUBLIC AUCTION
SELF STORAGE UNITS
The contents of the below listed units located at Riverview Self Storage, 7492 US 74 West, Whittier, NC 28789, will be sold at Public Auction at the facility Monday, September 1, 2008, 10:00 am. They are as follows: Leslie Lambert, Unit B-07; A. Oocumma, H-02; and Billy Avery, H-11 and H-12. Riverview Self Storage has the right to refuse any bid. For information call 828-631-2552.
Terms: Cash at Sale; Prompt Removal Required.
22,23
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 07 E 51
NOTICE TO CREDITORS AND DEBTORS OF
ALICE WOOD PARRIS
All persons, firms and corporations, having claims against Alice Wood Parris, deceased, are notified to exhibit them to Jim Stille, Administrator of the decedent’s estate on or before the 1st day of November, 2008.or be barred from their recovery. debtors of the decedent are asked to make immediate payment to the above named administrator.
This the 31st day of July, 2008.
Jim Stille, Administrator
c/o David A. Sawyer, Esq.
PO Box 1927
Bryson City
North Carolina 28713
20-23
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
IN RE: MARVIN LEWIS FRANKS
Having qualified as Administratrix of the Estate of MARVIN LEWIS FRANKS, 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: Lillie Caldwell Franks c/o Michele D. Smith, Attorney at Law, Pavey & Smith P.A., 33 Dillsboro Road, Sylva, North Carolina 28779, on or before October 28, 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 28th day of July, 2008.
Lillie Caldwell Franks
c/o Michele D. Smith
Attorney at Law
Pavey & Smith P.A.
33 Dillsboro Road
Sylva, North Carolina 28779
828-586-8987
20-23
NOTICE OF ADMINISTRATION
Having qualified as Executrix of the estate of Edward Bruce Reed, 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 311 Savannah Drive, Sylva, NC 28779, on or before the 21st day of November, 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 15th day of August, 2008.
Sibyl M. Reed, Executrix
Estate of Edward Bruce Reed
22-25
NOTICE TO CREDITORS
All persons, firms and corporations having claims against Hazel Atlas Brooks, Deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Personal Representative on or before November 21, 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 21st day of August, 2008.
Shirley Brooks Parker
Executrix
c/o Thomas R. Crawford, Esq.
COWARD HICKS & SILER, P.A.
705 West Main Street
Sylva, NC 28779
22-25e
NOTICE TO CREDITORS
All persons, firms and corporations having claims against Helen Georgia Brendle Maney, Deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Personal Representative on or before November 21, 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 21st day of August, 2008.
George Hamilton Maney, Jr.
Administrator
c/o Thomas R. Crawford, Esq.
COWARD HICKS & SILER, P.A.
705 West Main Street
Sylva, NC 28779
22-25e
NOTICE OF ADMINISTRATION
Having qualified as Executor of the estate of Barbara Hall Lilly Brown Farmer, 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 31 Turtle Dove Drive, Whittier, NC 28789, on or before the 14th day of November, 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 1st day of August, 2008.
Harry J. Farmer, Executor
Estate of
Barbara Hall Lilly Brown Farmer
21-24
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 08-CVS-418
STATE OF NORTH CAROLINA
JACKSON COUNTY
MICHAEL JOSEPH SHERRILL,
Plaintiff,
vs.
RANDALL TYLER HARRISON,
Defendant.
NOTICE OF SERVICE OF PROCESS BY PUBLICATION
TO: RANDALL TYLER HARRISON
Take notice that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is as follows:
Damages for personal injury arising from an automobile collision which occurred in Jackson County on August 6, 2005.
You are required to make defense to such pleading not later than September 23, 2008 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This the 6th day of August, 2008.
Melrose, Seago & Lay, P.A.
Attorney for Plaintiff
P.O. Box 1011
Sylva, North Carolina 28779
(828) 586-3200
21-24e
NOTICE
The Webster Memorial Cemetery Board of Trustees wishes to make known specific information in reference to the maintenance and business divisions of this historic landmark. First, it should be noted that when a patron or member of the public purchases a plot (the cost of which is $1,000.00 and should not, legally, be sold for more than said amount), the purchaser becomes the owner of the plot only - not the deed to the land, which is held in trust by the Board. Second, the upkeep of the grounds and all decisions will be brought to the consideration for the Board of Trustees, voted upon and action taken by the Board of Trustees only. Third, any concerns or complaints should be made to the Board of Trustees at a meeting (said meetings take place quarterly on the second Tuesday of the month at 7:00 in the evening during the months of September, December, March, and June) or via written concern to the Webster Memorial Cemetery Board of Trustees at P.O. Box 548, Webster, North Carolina 28788. Similarly, any donations should be sent to this address.
21-24
PUBLIC NOTICE
The Town of Sylva Board of Commissioners shall conduct two public hearings on September 18, 2008 at 9:15 a. m. in Municipal Hall, 83 Allen Street, Sylva NC. The purpose of the hearings is to receive public comments concerning zoning map amendments designating the land use of recently annexed property within the corporate limits of the Town of Sylva. First hearing will take comment on 2.13 acres located off East Main Street owned by Triple C Investments, Inc. The Planning Board recommends the zoning classification of this parcel to be B-3 Business, which is consistent with adjacent property. Second hearing is to take comment on 7.8 acres located off Skyland Drive and Mills Branch Road owned by Gardner H. Altman, Trimont Trails Development. The Planning Board recommends the zoning classification of this parcel to be R-2 Residential, which is consistent with the adjacent properties. Upon completion of the public hearings, disposition of the zoning map amendments shall be considered during the course of business of the regularly scheduled meeting, to follow. The Town of Sylva Zoning Map shall be available for public viewing at Municipal Hall, 83 Allen Street, Sylva, NC.
24,25e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE CLERK 08 SP 153
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
In the Matter of Foreclosure
Of Claim of Lien filed against
Joseph C. Cullen and
Elizabeth Cullen
under Power of Sale
NOTICE OF SALE
NOTICE IS HEREBY GIVEN that by virtue of the power of sale contained in the Declaration of Protective Covenants for Holly Forest Association, Inc., and recorded in the Office of the Register of Deeds for Jackson County, North Carolina, in Book 369, Page 417, and pursuant to N.C. Gen. Stat. §§47F-3-116 and because of default in the payment of association assessments, the undersigned Trustee, Dorinda Watford shall on September 18, 2008 at 10:00 a.m., 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: Lot 129, Holly Forest, Unit I Revised, as shown on a plat recorded in Plat Cabinet 3, Slide 45-45E, Jackson County Registry. As more specifically described in that deed recorded in Deed Book 560, Page 127, Jackson County Registry, North Carolina.
Being the same property described in a deed made and entered into on May 24, 1983 by and between Fairfield Sapphire Valley, Inc., grantor(s) and Joseph C. Cullen and Elizabeth Cullen, grantee(s) and recorded in Deed Book 560, Page 127, 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%) percent 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 days for upset bids as by law required.
The record titleholder to said property, ten (10) days prior to posting of this Notice, is Joseph C. Cullen and Elizabeth Cullen.
This the 18th day of August, 2008.
Dorinda Watford, Trustee
24,25e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE CLERK 08 SP 144
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
In the Matter of Foreclosure
Of Claim of Lien filed against
David C. Luke
under Power of Sale
NOTICE OF SALE
NOTICE IS HEREBY GIVEN that by virtue of the power of sale contained in the Declaration of Protective Covenants for Holly Forest Association, Inc., and recorded in the Office of the Register of Deeds for Jackson County, North Carolina, in Book 369, Page 417, and pursuant to N.C. Gen. Stat. §§47F-3-116 and because of default in the payment of association assessments, the undersigned Trustee, Dorinda Watford shall on September 18, 2008 at 10:00 a.m., 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: Lot 61, Holly Forest, Unit I Revised, containing .83 acre, as shown on a plat recorded in Plat Cabinet 3, Slide 223, Jackson County Registry. As more specifically described in that deed recorded in Deed Book 1622, Page 654, Jackson County Registry, North Carolina.
Being the same property described in a deed made and entered into on October 3, 2006 by and between John L. Zahniser and wife, Naomi C. Zahniser, grantor(s) and David C. Luke, grantee(s) and recorded in Deed Book 1622, Page 654, 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%) percent 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 days for upset bids as by law required.
The record titleholder to said property, ten (10) days prior to posting of this Notice, is David C. Luke.
This the 18th day of August, 2008.
Dorinda Watford, Trustee
24,25e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE CLERK 08 SP 200
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
In the Matter of Foreclosure
Of Claim of Lien filed against
P. Alston Steiner, III and
Billie Jane Steiner
under Power of Sale
AMENDED NOTICE OF SALE
NOTICE IS HEREBY GIVEN that by virtue of the power of sale contained in the Declaration of Individual and / or Interval Ownership for Foxhunt Townhouse Association, Inc., and recorded in the Office of the Register of Deeds for Jackson County, North Carolina, in Book 526, Page 388, and pursuant to N.C. Gen. Stat. §§47F-3-116 and because of default in the payment of association assessments, the undersigned Trustee, Dorinda Watford shall on September 18, 2008 at 10:00 a.m., 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: Lot Week Number 16, Townhouse Number 1451, Building Number 15, Foxhunt Townhouses as shown on a plat recorded in Plat Cabinet 4, Slide 811, Jackson County Registry. As more specifically described in that deed recorded in Deed Book 782, Page 737, Jackson County Registry, North Carolina.
Being the same property described in a deed made and entered into on July 16, 1991 by and between Fairfield Communities, Inc., grantor(s) and P. Alston Steiner, III and Billie Jane Steiner., grantee(s) and recorded in Deed Book 782, Page 737 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%) percent 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 days for upset bids as by law required.
The record titleholder to said property, ten (10) days prior to posting of this Notice, is P. Alston Steiner, III and Billie Jane Steiner.
This the 18th day of August, 2008.
Dorinda Watford, Trustee
24,25e
NOTICE OF FORECLOSURE SALE
NORTH CAROLINA 08-SP-95 FR# 200800342 Jackson County Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Brian Duncan Carraway to Shapiro & Kreisman, Trustee(s), dated March 28, 2007, and recorded April 3, 2007, in Book 1664, on Page 494, Jackson County Public Registry, the undersigned Substitute Trustee declares as follows: There is a default by the Owner or other person(s) owing an obligation, the performance of which is secured by said Deed of Trust, or by their successor in interest, with respect to provisions therein which authorize sale in the event of default of such provision; and the undersigned, on behalf of Frances S. White or John W. Fletcher III NC Bar # 15503, either one of whom may act, 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 Owner and Holder of the Note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustees will offer for sale at the Courthouse door or other usual and customary location as designated by the Clerk's Office on September 10, 2008, at 11:00 am, and will sell to the highest bidder for cash the real property secured by the above-described Deed of Trust recorded April 3, 2007 in Book 1664, on Page 494, situated in Jackson County, North Carolina, as more particularly described therein, which legal description is made a part hereof and incorporated herein by reference as if fully set forth herein. Said property as shown on the above-described Deed of Trust is commonly known as 113 Rendezvous Ridge, Cashiers, North Carolina 28717. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property within 10 days of the posting of this notice is/are Brian Duncan Carraway. In the event the property which is the subject of this Notice of Sale is residential real property with less than fifteen (15) rental units, an order for possession of the property may be issued pursuant to N.C.G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court. 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 ten (10) days’ notice to the landlord. The tenant is liable for rent due under the rental agreement prorated to the effective date of termination. Third party purchasers must pay the excise tax, and the court costs of forty-five cents (45¢) per one hundred dollars ($100.00), up to a maximum of $500.00. A cash deposit (cashier's check or certified funds, 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 of the remaining amounts are immediately due and owing. Should the foreclosure action be dismissed or any portion have to be redone for any reason, the bid deposit will be returned to the third party bidder and no other remedies will be assertable. The third party bidder acts upon their own risk if they expend any funds in favor of the foreclosed property prior to the receipt of a deed from the Substitute Trustee. Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. 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, and encumbrances of record. Dated: July 16, 2008 Frances S. White or John W. Fletcher III NC Bar # 15503, either one of whom may act, Substitute Trustee P.O. Box 30368 Charlotte, NC 28230-0368 (704) 909-5656 TAC: 792479N PUB: 8/28 9/04
23,24e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
08 SP 159
STATE OF NORTH CAROLINA
JACKSON COUNTY
IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF DERRICK T. GARDNER,
Grantors,
To:
TRSTE, INC., TRUSTEE, AND WAHCOVIA BANK,
NATIONAL ASSOCIATION, BENEFICIARY,
As recorded in Deed of Trust Book 1594, Page 432, Jackson County Registry.
See Substitution of Trustee as recorded in Deed Book 1747, Page 127, Jackson County Registry, appointing Richard J. Kania as Substitute Trustee.
NOTICE OF SALE OF REAL ESTATE BY SUBSTITUTE TRUSTEE
TO:
Derrick T. Gardner
3500 Spain Road
Snellville, GA 30039
Unknown Spouse of Derrick T. Gardner
3500 Spain Road
Snellville, GA 30039
Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to Wachovia Bank, National Association, dated June 8, 2006, filed for record on June 13, 2006, securing indebtedness in the original principal amount of $173,422.83 as recorded in Deed of Trust Book 1594 at Page 432, Jackson County Registry (hereinafter, the "Deed of Trust"), and because of the default of in the payment of the indebtedness thereby secured and the failure of 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 the 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, Richard J. Kania, Substitute Trustee, will expose for sale at public auction on September 3, 2008 at 10:OO A.M. at the usual place of sale as designated by the Clerk of Court for foreclosure sales at the Jackson County Courthouse, Sylva, North Carolina, the real property in Mountain Township, Jackson County, North Carolina (including any improvements thereon), with the address of Lot 30 The Upper Glade , Cullowhee, NC 28273, and as described in the attached Exhibit A hereto.
EXHIBIT A
BEING all of Lot 30, The Upper Glade at RiverRock, as per plat thereof recorded in Plat Cabinet 14, Slide 566, and being the identical property as described in a deed to Derrick T. Gardner dated May 24, 2006 and recorded in Book 1594, Page 430, Jackson County Public Registry. Reference to said instruments is hereby made for a more perfect description.
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 County Register of Deeds not more than ten (10) days prior to the posting of this Notice is:
Derrick T. Gardner
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 County Clerk of Superior Court.
Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007 may, after receiving this notice of the 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.
Pursuant to N.C.Gen.Stat. Â 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per cent (5%) percent of the amount 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 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 N.C.Gen.Stat. Â 45-21.30 (d) and (e).
This sale will be held open ten (10) days for upset bids as required by law.
This the 19 day of June, 2008.
Richard J. Kania
Substitute Trustee
600-A Centrepark Drive
Asheville, North Carolina 28805
(828) 252-8010
22,23eIN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
08 SP 157
STATE OF NORTH CAROLINA
JACKSON COUNTY
IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF S. MARK SCHACHTER and CLARE J. SCHACHTER,
Grantors
To:
TRSTE, INC., TRUSTEE, AND WACHOVIA BANK,
NATIONAL ASSOCIATION, BENEFICIARY,
As recorded in Deed of Trust Book 1678, Page 48,and rerecorded in Book 1720, Page 321 Jackson County Registry.
See Substitution of Trustee as recorded in Deed Book 1751, Page 416, Jackson County Registry, appointing Richard J. Kania as Substitute Trustee.
NOTICE OF SALE OF REAL ESTATE BY SUBSTITUTE TRUSTEE
TO:
S. Mark Schachter
301 8 Princewood Drive
Garland, TX 75040
Clare J. Schachter
301 8 Princewood Drive
Garland, TX 75040
Occupant
352 Wild Game Trail
Sapphire, NC 28774
Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to Wachovia Bank, National Association, dated May 17, 2007, filed for record on June 5, 2007, securing indebtedness in the original principal amount of $175,122.00 as recorded in Deed of Trust Book 1678 at Page 48, and rerecorded in Book 1720, page 321 Jackson County Registry (hereinafter, the "Deed of Trust"), and because of the default of in the payment of the indebtedness thereby secured and the failure of 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 the 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, Richard J. Kania, Substitute Trustee, will expose for sale at public auction on September 3, 2008 at 10:OO A.M. at the usual place of sale as designated by the Clerk of Court for foreclosure sales at the Jackson County Courthouse, Sylva, North Carolina, the real property in Cahiers Township, Jackson County, North Carolina (including any improvements thereon), with the address of 352 Wild Game Trail, Sapphire, NC 28774, and as described in the attached Exhibit A hereto.
EXHIBIT A
BEING all of Unit 30-B of The Woods Subdivision, as per a plat thereof entitled "Plat for Fairfield Sapphire Valley" recorded in Plat Cabinet 2, Slide 727, and being the identical property as described in a deed to S. Mark Schachter and wife, Clare J. Schachter, said deed recorded 5-20-2004 in Book 1422, Page 665 Jackson County Registry. Reference to said instruments is hereby made for a more perfect description.
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 County Register of Deeds not more than ten (10) days prior to the posting of this Notice is:
S. Mark Schachter
Clare J. Schachter
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 County Clerk of Superior Court.
Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007 may, after receiving this notice of the 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.
Pursuant to N.C.Gen.Stat. § 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per cent (5%) percent of the amount 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 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 N.C.Gen.Stat. Â 45-21.30 (d) and (e).
This sale will be held open ten (10) days for upset bids as required by law.
This the 20th day of June, 2008.
Richard J. Kania
Substitute Trustee
600-A Centrepark Drive
Asheville, North Carolina 28805
(828) 252-8010
22,23e
08 SP 172
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 MARY E. DRUZBICK to Fidelity National Title Insurance Co of New York, Trustee(s), which was dated October 26, 2006 and recorded on October 26, 2006 in Book 1626 at Page 853, 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 September 17, 2008 at 1:30PM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit:
Beginning on a stake the south side of SR 106, the same being the corner of W. B. Crawford, now or formerly and Nannie McGuire, now or formerly, and runs thence from the point of beginning, S. 32.5 E with W. B. Crawford line 19 poles to a stake; thence N. 67 E 17.2 poles to a Hickory in the line of T. C. Ledbetter, now or formerly; thence with said line, N. 12.5 W 10.2 poles to a stake in the northeast corner of Nannie McGuire's lot; thence with Nannie McGuire's line, S 80 W 9.1 poles to a stake, the southwest corner of Nannie McGuire's lot; thence with said line, N 13 W 5.1 poles to a stake on the south bank of State Highway 106; thence with said highway, S 74-15 W 16.2 poles to the POINT OF BEGINNING containing 1.77 acres, more or less. This instrument is made and given subject to the right of way for Highway 106 (now known as highway 107) to its full legal width.
This instrument if further made and given subject to an easement for a water line conveyed to Nannie McGuire in Book 128 Page 517, Jackson County Registry.
Being the same lands and premises described in and conveyed by deed dated June 11, 2002 from Gary B. Roberts and wife, Carlotta D. Roberts to L. C. Schurm-Owens, Trustee, said deed being recorded in Book 1154 page 492, Jackson County Registry.
pin #7559-46-7644
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 2941 Cullowhee Road, Cullowhee, NC 28723.
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 Mary E. Druzbick.
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.
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 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.
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.: 08-00551
08 SP 173
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 EDWIN G TORRES aka Edwin Garcia Torres AND ELSIE D TORRES aka Elsie Delrosario Torres, HUSBAND AND WIFE to PRLAP, INC., Trustee(s), which was dated January 3, 2006 and recorded on January 24, 2006 in Book 1563 at Page 632, 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 September 17, 2008 at 1:30PM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit:
BEING Lot 20, containing 2.42 total acres as shown on a plat of survey entitled "Black Bear Falls Subdivision Phase 1-Block C Lots 14 through 20", by Robert C. Brown, P.L.S., dated 6/21/05, drawing number C 05-23C, and recorded in Plat Cabinet 14, Slide 326, Jackson County Registry to which express reference is hereby made for a more particular legal description.
SUBJECT TO DECLARATION OF COVENANTS, RESTRICTIONS, AND EASEMENTS FOR "Black Bear Falls" SUBDIVISION as recorded in Book 1528, Page 137, Jackson County Registry and amended in Book 1531, Page 266 and Book 1541, Page 733, Jackson County Registry, and any other amendments thereto.
TOGETHER WITH a non-exclusive road right of way easement over the access roads shown on the above referenced recorded plat and TOGETHER WITH any continuations thereof, for the purposes of ingress and egress between NCSR #1408 known as Fire Fly Road and subject property.
By acceptance of this deed, the parties of the second part shall automatically become members of Black Bear Falls Property Owner's Association, Inc.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as Lot 20 Black Bear Falls, Cherokee, NC 28719.
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 Edwin G. Torres and wife, Elsie D. Torres.
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.
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 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.
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.: 08-09998
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IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
08 SP 164
NORTH CAROLINA
JACKSON COUNTY,
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY YOLANDA SERRANO AND XAVIER MUDAVACHERY, RECORDED IN BOOK 1698, PAGES 225-248 ON SEPTEMBER 7, 2007, IN THE JACKSON COUNTY REGISTRY, BY ANDREW C. BUCKNER, APPOINTED SUBSTITUTE TRUSTEE BY INSTRUMENT RECORDED IN BOOK 1751, PAGES 812-813, IN THE JACKSON COUNTY REGISTRY
NOTICE OF SUBSTITUTE
TRUSTEE'S FORECLOSURE SALE
OF REAL PROPERTY AND
FIXTURES
Under and by virtue of the power and authority contained in the Deed of Trust executed and delivered by Yolanda Serrano and husband, Xavier Mudavachery ("Grantors") dated August 31,2007 and recorded September 7, 2007 in Book 1698, Pages 225-248 of the Jackson County Register of Deeds (the "Deed of Trust"), and because of default in the payment of the Adjustable Rate Note ("Note") secured by the 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, Substitute Trustee by instrument recorded on June 20, 2008 in Book 1751, Pages 812-813 in the Jackson County Registry, will expose for sale at public auction, to the highest bidder for cash, that certain tract or parcel of property located in Jackson County, North Carolina (including any improvements thereon) as more particularly described on Exhibit "A" attached hereto and incorporated herein.
The record owner of the above-described real properly as reflected by the records in the Jackson County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Yolanda Serrano.
The above-described real property and fixtures will be sold subject to any and all superior mortgages, deeds of trust and liens, including, without limitation, the lien of all unpaid ad valorem taxes and assessments, as well as easements, conditions, restrictions and other matters of record filed prior to the Deed of Trust.
The above-described property will be sold "AS IS, WHERE IS." The property is not being sold subject or together with any subordinate rights or interests. Neither the Substitute Trustee, nor the holder of the 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 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 sold, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to N.C.G.S. 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 or certified check equaling ten percent (10%) of the amount bid. 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 the successful bidder 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, the successful bidder shall remain liable on the bid as provided for in N.C.G.S. Sections 45-21.30 (d) and (e).
Please be advised that an order for possession of the property may be issued by the Clerk of the Superior Court of Jackson County pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession.
Please be further advised that any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving this notice of sale, terminate the rental agreement upon 10 days written notice to the landlord. Upon termination of any such rental agreement the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
The sale will be held open for ten (10) days for upset bid as by law required.
DATE OF SALE: September 5, 2008
HOUR OF SALE: 1:15 o'clock p.m.
PLACE OF SALE: Jackson County Courthouse, Lobby in front of Superior Court Clerk's Office, 401 Grindstaff Cove Road, Sylva, North Carolina
This the 7th day of August, 2008.
Andrew C. Buckner
N.C. State Bar No. 26527
Substitute Trustee
705 West Main Street
Sylva, NC 28779
Telephone: (828) 586-2147
CERTIFICATE OF SERVICE
I, Andrew C. Buckner, Substitute Trustee, do hereby certify that a copy of the Notice of Substitute Trustee's Foreclosure Sale of Real Property and Fixtures hereto attached was mailed by certified mail, return receipt requested and U.S. First class mail, to each of the persons listed below at the addresses indicated with proper postage attached and deposited in an official depository of the United States Post Office Department on the 7th day of August, 2008.
Andrew C. Buckner
N.C. State Bar No. 26527
Substitute Trustee
705 West Main Street
Sylva, NC 28779
Telephone: (828) 586-2147
SERVED:
Mrs. Yolanda Serrano
c/o Brevard County Jail
Cell #1320
800 Lamp Road
Cocoa, FL 32927
Mr. Xavier Mudavachery
1875 Rockledge Drive
Rockledge, FL 32955-4909
DEED OF TRUST
YOLANDA SERRANO
AND HUSBAND, XAVIER MUDAVACHERY
TO
SUNTRUST MORTGAGE, INC.
EXHIBIT "A"
TRACT ONE:
BEING AND COMPREHENDING all of Lot 17A, HAMPTON SPRINGS RESORT, containing 0.82 of an acre as shown on an unrecorded map or plat of a survey prepared by W. Edward Hall, LS, dated August 25, 2004, entitled "plat of A Portion of Hampton Springs", drawing no. 2756-15, and being more particularly described as follows:
BEGINNING on a #4 rebar set, the northwest corner of the lands conveyed as Tract Two in Deed recorded in Book 1503, Page 177; and runs thence from the point of the beginning, N 72-47-35 E 33.38 feet to a #4 rebar set, the northwest corner of Lot 17B, Yolanda Serrano, now or former (DR 1503-205); thence with the western boundary line of Lot 17B, S 31-44-00 B 307.45 feet to a #4 rebar set, and S 31-44-00 E 6.08 feet to a point in the fifty (50) foot right of way easement for subdivision access road; thence leaving the line of Lot 17B, and with of the center-line of the fifty (50) foot right of way for subdivision road, S 48-55-20 W 67.47 feet to a point; thence leaving the road, S 79-12-50 W 7.05 feet to a #4 rebar set, and S 79-12-50 W 116.16 feet to a #4 rebar set in the outside line; thence with said outside line, N 04-23-30 W 325.13 feet to the point and place of the beginning.
Being the same lands described by deed from Spring Mountain Estates, Inc., a North Carolina corporation, to Yolanda Serrano, a married woman, recorded in Book 1515, Page 477, Jackson County Public Registry.
There is further conveyed to the Trustee, his successors and/or assigns, executors and administrators, file joint right to the use of the thirty (30) foot road right of way easement leading from NCSR #1129, and thence continuing at a width of fifty (50) feet to, and thence along, the southeastern boundary of the lands hereinabove described and conveyed, and as shown on the above referenced survey. Said right of way to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said roads and rights of way.
This instrument is made and given SUBJECT TO the exception and reservation unto Spring Mountain Estates, Inc. its successors and/or assigns, (the joint right to the use of that portion of the fifty (50) foot road right of way easement lying within the southeastern boundary of (he lands hereinabove described and conveyed, as set forth in deed recorded in Book 1515, Page 477, Jackson County Registry. Said right of way to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said roads and rights of way.
This instrument is made and given SUBJECT TO the exception and reservation unto Big Ridge Conservancy Trust, its successors and/or assigns, the joint fifty (50) foot right of way easement described in deed recorded in Book 1503, Page 177, Jackson County Public Registry.
Said right of way to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said roads and rights of way,
This instrument is made and given SUBJECT TO the rights, terms and obligations of the Declaration of Covenants and Restrictions for Wade Hampton Horizons Subdivision, recorded in Book 1128, Page 182, Jackson County Registry, and subsequent supplemental declarations or amendments thereto.
TRACT TWO:
BEING AND COMPREHENDING all of Lot 17B, HAMPTON SPRINGS RESORT, containing 0.81 of an acre as shown on an unrecorded map or plat of a survey prepared by W. Edward Hall, LS, dated August 25, 2004, entitled "plat of A Portion of Hampton Springs", drawing no. 2756-15, and being more particularly described as follows:
BEGINNING on a #4 rebar set, the northeast comer of Lot 17A, a 0.82 acre tract, said rebar being located N 72-47-35 E 33.38 feet from a #4 rebar set in the line of OHaire, now or former (DR 1086-101 and 1086-95), at the northwest comer of Lot 17A which is comer of Tract Two of deed conveyed from Big Ridge Conservancy Trust to Spring Mountain Estates, Inc.; thence from the point of the beginning, N 72-46-15 E 179.83 feet to a #4 rebar, the northwest comer of lot 18A, a 0.71 acre tract as shown on the survey hereinabove referenced; thence with the western boundary line of said Lot 18A, S 07-46-40 E 313.26 feet to a rebar set in the fifty (50) foot right of way for existing gravel access road; thence S 07-46-40 E 4.37 feet to a point in the centerline of said road and right of way; thence leaving the line of Lot #18A and with the centerline of said road and right of way, S S4-01-40 W 50.12 feet to a point in the centerline, the southeast comer of Lot 17A; thence leaving the road and running with the line of Lot 17A, N 31-44-00 W 6.08 feet to a #4 rebar set, and N 31-44-00 W 307.45 feet to the point and place of the beginning.
Being the same lands described by deed dated May 20, 2005 from Spring Mountain Estates, Inc., a North Carolina corporation, to Yolanda Serrano, a married woman, recorded in Book 1503, Page 205, Jackson County Public Registry.
There is farther conveyed to the Trustee, his successors and/or assigns, the joint right to the use of the thirty (30) foot road right of way easement leading from NCSR #1129, and thence continuing at a width of fifty (50) feet to, and thence along, the southern boundaries of the lands hereinabove described and conveyed. Said rights of way to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said roads and rights of way.
This instrument is made and given SUBJECT TO the exception and reservation unto Springs Mountain Estates, Inc., its successors and/or assigns, the joint right to the use of that portion of the fifty (50) foot road right of way easement lying within the southern boundaries of the lands hereinabove described and conveyed, as set forth in deed recorded in Book 1503, Page 205, Jackson County Public Registry. Said right of way to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said roads and rights of way.
This instrument is made and given SUBJECT TO the exception and reservation unto Big Ridge Conservancy Trust, its successors and/or assigns, the joint right to the use of that portion of the above described fifty (50) foot road right of way easement lying within the southern boundary lines of the lands hereinabove described and conveyed. Said right of way to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said roads and rights of way.
This instrument is made and given SUBJECT TO the rights, terms and obligations of the Declaration of Covenants and Restrictions for Wade Hampton Horizons Subdivision, recorded in Book 1128, Page 182, Jackson County Registry, and subsequent supplemental declaration amendments thereto.
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