September 25, 2008
Edition
Sylva, NC
Volume 83, No. 27


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LEGALS
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PUBLIC NOTICE

The Town of Sylva Board of Commissioners will hold a work session prior to their regularly scheduled meeting on October 2, 2008 at 5:30 p.m. in the Board Room at Municipal Hall, 83 Allen Street. The purpose of the work session is to meet with an investment lawyer whom specializes in idle funds to discuss investment options for the Fisher Creek Watershed Conservation Fund monies

27e`

NOTICE OF MEETING

The Jackson County Board of Commissioners will hold its first regular monthly meeting on Monday, October 6, 2008, at 6:00 p.m., Justice & Administration Building, 401 Grindstaff Cove Road, Room A201, Sylva, North Carolina.

27,28e

NOTICE OF JOINT MEETING

OCTOBER 7, 2008

6:00 p.m.

The Jackson County Board of Commissioners, the Town of Sylva, the Town of Webster, the Town of Dillsboro, and Village of Forest Hills will hold a joint governmental meeting on October 7, 2008, 6:00 p.m., Justice & Administration Building, Room 220, 401 Grindstaff Cove Road, Sylva, North Carolina.

This is a joint meeting to discuss matters, which any one of the units feels to be of interest, potential benefit or potential harm to any or all of the other units.

27,28e

NOTICE OF ADMINISTRATION

Having qualified as Executrix of the estate of Katherine Vincent Woolf, 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 671 Helen Zachary, Cullowhee, NC 28723, on or before the 29th 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 15th day of September, 2008.

Rosa W. Reily, Executrix

Estate of Katherine Vincent Woolf

27-30

PROSPECTIVE BIDDERS

Western Builders of Sylva Inc. is accepting sub-bids to furnish and install materials for the following job:

Eastern Band of Cherokee Indians

Emergency Operations Center

Cherokee, North Carolina

All bids must be received in our office by 11:00am on Tuesday October 7th, 2008.

Complete plans and specifications for Job may be viewed at our office, located at:

164 W.B.I. Drive – Dillsboro, NC

Monday – Friday 8:00am to 5:30pm

All questions and bids should be directed to: PO Box 96, Sylva, NC 28779

Attention: Don Hensley. Phone Number: (828) 586-5094, Fax: (828) 586-4828

27,28e

NOTICE OF ADMINISTRATION

Having qualified as the Administratrix of the estate of William Stuart Melton, Jr., 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 1011, Sylva, NC 28779, on or before the 29th 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 25th day of September, 2008.

Diane S. Melton

Administratrix

c/o B. David Steinbicker, Jr.

Melrose, Seago & Lay, PA

PO Box 1011

Sylva, NC 28779

27-30e

NOTICE TO CREDITORS

Having qualified as Ancillary Administrator of the Estate of Daniel Keith Cochran, late of 9211 103rd St., Lot 18, Jacksonville, Duval County, Florida, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned at 166 Branner Avenue, Suite A Waynesville, NC 28786, on or before the 24th day of December, 2008, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.

This the 25th day of September, 2008.

Michael Johnson, 

Ancillary Administrator of the Estate of Daniel Keith Cochran

c/o Sarah P. Wenzel, Resident Agent

166 Branner Ave. Ste A

Waynesville NC 28786

27-30e

NOTICE OF SALE

STATE OF NORTH CAROLINA

COUNTY OF JACKSON

 File No: 07 SP 41

TAKE NOTICE THAT: Raintree Realty and Construction, Inc., 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 George W. Onik, original mortgagors, and recorded in the Office of the Jackson County Register of Deeds in Deed of Trust Book 1469, at Page 326. 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: George W. Onik

2. The property will be sold by the Substitute Trustee at 11:000 a.m. on the 7th day of October, 2008 at the above named County Courthouse door in the City of Sylva, North Carolina.

3. The real property to be sold is generally known as 190 Clearwood Drive, Whittier, North Carolina 28789 and is described as follows:

BEING all the same lands described in and conveyed by Deed from Jackson Development Corporation Inc. to George W. Onik, dated July 20, 1999, as recorded in Book 1052, Page 701 of the Jackson County Public Registry, as described below. TOGETHER WITH and SUBJECT TO easements, road rights of way, water rights of way and restrictions, of public record, all incorporated herein by reference as if fully set forth herein with an address which is believe to be 190 Clearwood Dr., Whittier, N.C.

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. 

7. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee.

8. The property will be sold subject to all unpaid taxes and special assessments. 

9. 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.

10. 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 27th day of August, 2008.

SUBSTITUTE TRUSTEE:

RAINTREE REALTY AND CONSTRUCTION, INC.

By: A. Robert York, President

PO Box 8942

Asheville, NC 28814-8942

Phone: 828-253-9063

27,28

NOTICE OF ADMINISTRATION

Having qualified as Executrix of the estate of Lillian B. Green, 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 64, Sylva, NC 28779, on or before the 18th 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 9th day of September, 2008.

Donna Kaye Schlagle, Executrix

Estate of Lillian B. Green

26-29

NOTICE OF ADMINISTRATION

Having qualified as Executrix of the Estate of Dana Merrill Edge, deceased, late of Jackson County, North Carolina, this is to notify all persons having claims against the said estate to present such claims to the undersigned at 705 W. Main Street, Sylva, NC, 28779, on or before the 18th day of December, 2008, or this notice will be pleaded in bar of their recovery. All persons indebted to the said estate will please make immediate payment.

This the 18th day of September, 2008.

Allison M. E. Boyd, Executrix

c/o Heather C. Baker, Attorney

705 W. Main Street

Sylva, NC 28779

26-29e

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF NORTH CAROLINA

HAYWOOD COUNTY

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

IN RE QUEEN

05-JT-168

TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief sought is as follows:

PETITION FOR TERMINATION OF PARENTAL RIGHTS

Filed June 30, 2008 in the District Court of Haywood County, North Carolina.

TO: RESPONDENT FATHER SHANE SMITH

A written answer to the petition must be filed with the Clerk of Court who signed the petition within 30 days after service of the petition. You are entitled to be appointed counsel and should contact the Haywood County Clerk of Court at (828) 454-6503 immediately to request counsel. You are required to make a defense to such pleading no later than October 29, 2008. Your failure to do so may result in the Petitioner, the Haywood County Department of Social Services, receiving the relief that it seeks.

This the 18th day of September, 2008.

Ira L. Dove

Agency Attorney for Petitioner

Haywood County Department

of Social Services

486 East Marshall Street

Waynesville, North Carolina 28786

(828) 452-6700.

26-28

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF NORTH CAROLINA

HAYWOOD COUNTY

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

IN RE BRUGGEMANN

06-JT-167

TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief sought is as follows:

PETITION FOR TERMINATION OF PARENTAL RIGHTS

Filed May 20, 2008 and September 10, 2008 in the District Court of Haywood County, North Carolina.

TO: RESPONDENT FATHER GEORGE COREY BAXLEY

A written answer to the petition must be filed with the Clerk of Court who signed the petition within 30 days after service of the petition. You are entitled to be appointed counsel and should contact the Haywood County Clerk of Court at (828) 454-6503 immediately to request counsel. You are required to make a defense to such pleading no later than October 29, 2008. Your failure to do so may result in the Petitioner, the Haywood County Department of Social Services, receiving the relief that it seeks.

This the 18th day of September, 2008.

Ira L. Dove

Agency Attorney for Petitioner

Haywood County Department

of Social Services

486 East Marshall Street

Waynesville, North Carolina 28786

(828) 452-6700.

26-28

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE #08 - CvD - 467

STATE OF NORTH CAROLINA

COUNTY OF WATAUGA

JOHN K. WEST, Plaintiff

Vs.

JOIE MELTON WEST, Defendant

TO: JOIE MELTON WEST

Take Notice that a pleading seeking relief against you has been filed in the above entitled action, and Notice of Service of Process by Publication began on the 11th day of September, 2008. The nature of the relief being sought is as follows:

Absolute Divorce

You will further take notice that you are required to make defense to such pleadings not later than the 21st day of October, 2008, said date being 40 days from the first publication of this notice, or from date complaint is requried to be filed, which ever is later, and upon your failure to do so, the parties seeking service against you will apply to the Court for the relief sougth.

This the 4th day of Septemer, 2008.

Eggers, Eggers, Eggers and Eggers

Attorneys at Law

Post Office Box 248

Boone, North Carolina 28607

Rebecca Eggers-Gryder

Attorney for the Plaintiff

Post Office Box 248 DTS

Boone, North Carolina 28607

Telephone: (828) 264-3601

25-28

912.0000313

08-SP-186

Freddie Mac 115286276

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 Rick L Ashmore and wife Robin R. Ashmore, dated August 18, 2006 and recorded in the Office of the Register of Deeds of Jackson County, North Carolina, recorded on August 22, 2006, in Book 1611 at Page 448; 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 11:30 AM on Thursday, October 2, 2008, that parcel of land, including improvements thereon, situated, lying and being in the City of Tuckasegee, County of Jackson, State of North Carolina, and being more particularly described as follows:

BEING ALL of Lot 463, Bear Lake Reserve, containing 0.52 acres as shown on a plat thereof recorded in Plat Cabinet 14, Slide 886, Jackson County Registry, to which reference is specifically made.

TOGETHER WITH, a non-exclusive right-of-way over the existing access roads shown on the above-referenced plat, together with continuations thereof, for purposes of ingress and egress between subject property and N.C.S.R. 1135 (Shook Cove Road).

TOGETHER WITH and SUBJECT TO easements shown on the above-referenced and plat as described in the Declaration referenced hereinbelow.

SUBJECT TO the right-of-way of the access road shown on the above-referenced plat.

SUBJECT TO all easements, rights-of-way, restrictions, and/or reservations of public record and/or any and all other matters of public record.

SUBJECT TO that certain Declaration of Covenants, Conditions and Restrictions for Bear Lake Reserve dated August 25, 2003 and recorded in Book 1196, Page 331, and amended by instrument recorded in Book 1597, Page 632, together with Supplemental Declaration recorded in Book 1582, Page 90, Jackson County Registry, to which reference is specifically made.

Membership in Bear Lake Reserve Owner's Association, Inc. is an appurtenance to the property hereinabove conveyed, the benefits and burden of such membership cannot be severed from the fee to which it is appurtenant, and said benefits and burden shall run perpetually with the land.

Address of property: 152 Allspice Court, Tuckasegee, NC 28783

Present Record Owners: Rick Ashmore

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: September 15, 2008

Kellam & Pettit, P.A.

Substitute Trustee

Posted:

Witness:

Assistant/Deputy Clerk of

Superior Court

26,27e

 

NOTICE OF GENERAL ELECTION

Jackson County, North Carolina

A General will be held on 11/4/2008 in Jackson County, North Carolina to vote on Federal, State, local and non-partisan offices. 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 October 28th. Absentee voting by mail begins on September 15th and ends at 5:00 p.m. on October28th. The Board of Elections will meet on October 15th, 22nd and 29th 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:

• Cashiers: Cashiers Community, 249 Frank Allen Rd Cashiers NC 28717, Wednesdays 9am-7pm, Fridays and Saturdays 9am – 1pm

• Cherokee: Wolftown Community Bldg, 28 Long Br Rd, Cherokee, M-F 10am-6pm and Sat 10am-1pm

• Cullowhee: Cullowhee Rec Center, 88 Cullowhee Mountain Road, Cullowhee. M-F 9am-6pm,Sat 9am-1pm

• Board of Elections Office: 401 Grindstaff Cove Road, Sylva 28779 M-F 8-6 Sat 9am-1pm. Sat, Nov1st 9-3

One-stop voting begins on Thursday October 16th ends on Saturday November1st. Canvass Day will be held at 11:00am in the Jackson Board of Elections Office in Sylva on Friday, November 14th. 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 may vote in this election. Voters who are previously registered need not re-register for this election.

Those residents of the Jackson County who are not registered to vote or who needs to change voter information must register/update on or before Friday, October 10th order to be eligible to vote in this election. Any voter who has moved since the last election must notify the Board of Elections in writing by October 10th. A person may register at the Board of Elections Office at 401 Grindstaff Cove Road, Room 249, Sylva NC 28779 or may register by mail. Registration/update forms may be also be found at local libraries or at www.sboe.state.nc.us.

For additional information contact the Jackson Board of Elections at 828-586-7538 and Jackson.boe@gmail.com and lisalovedahl@jacksonnc.org.

26-29


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