October 23, 2008
Edition
Sylva, NC
Volume 83, No. 31


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LEGALS
Notice: The Sylva Herald doesn't guarantee any information contained within the classifieds section. Some classifieds may contain inaccurate information that was provided to us by customer. You should independently verify any listing that might be of question. We are not held liable/responsible for any typographical errors.


THE FOLLOWING ADS ARE ARCHIVED ADS AND SHOULD NOT BE CONSIDERED CURRENT (THE INFORMATION MAY BE EXPIRED AND NO LONGER ACCURATE):

NOTICE OF ADMINISTRATION

Having qualified as Co-Executor of the estate of Rose G. Hair, 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 Joyce Kathryn Hair Heranen, 9100 Weant Drive, Great falls, VA 22066 or James Hair, 762 Dills Cove Road, Sylva, NC 28779, on or before the 23rd day of January, 2009, 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 17th day of October, 2008.

Joyce Kathryn Hair Heranen,

Co-Executor

James Hair, Co-Executor

Estate of Rose G. Hair

31-34

SOLICITATION OF BIDS

WNC White Corporation will be bidding on Transylvania County - WBX 14C.088053 Widen, Pave, Drain, Curb and Gutter SR 1556. *Denotes DBE Goal. In the North Carolina Department of Transportation Letting - November 4, 2008 at 2:00 PM. We are interested in receiving quotes from DBEs contractors for any work or materials on the above referenced project. If you need any further information you may contact us at our office in Sylva, North Carolina at (828) 586-0991 or fax (828) 631-9123.

WNC White Corporation is an Equal Opportunity Employer.

31,32

IMPACT AID SURVEY

The annual Impact Aid Survey for Jackson County Schools begins on October 20, 2008. Public Law sets forth congressional policy by declaring that the United States Government shall provide financial assistance to school districts either because of a loss of real property due to Federal acquisition or because of the financial burdens placed upon a school district educating children whose parents are involved in an activity occurring on Federal land.

The following categories of students are usually eligible to generate payment for Jackson County Schools.

• Student resides on eligible federal lands.

• Student has a parent on active duty in the Uniformed Services of the United States.

• Student has a parent who is both an accredited official of a foreign government and a foreign military officer.

If your child is in an eligibile category and you have not received an Impact Aid Survey form, please contact your child’s school. If you have any questions or comments about the program, call Angie Lovedahl, Curriculum Coordinator, Jackson County Schools, at 828.586.2311 extension 254.

31

NOTICE OF MEETING

The Jackson County Board of Commissioners will hold its first regular monthly meeting on Monday, November 3, 2008, at 6:00 p.m., Justice & Administration Building, 401 Grindstaff Cove Road, Room A201, Sylva, North Carolina.

31,32

MEETING NOTICE

The Dillsboro Board of Aldermen will not be meeting the first Monday in November due to the elections on Tuesday the 4th. The board will meet on Monday November 10th.

31e

NOTICE OF ADMINISTRATION

Having qualified as Executor of the estate of Ervin R. Sluder, 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 133 Spicewood Valley Rd., Sylva, NC 28779, on or before the 9th day of January, 2009, 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 30th day of September, 2008.

Tommy E. Sluder, Executor

Estate of Ervin R. Sluder

29-32

CO-EXECUTOR'S NOTICE

Having qualified as Co-Executors of the estate of Richard C. Margeson, deceased, late of Pike County, Georgia, this is to notify all persons having claim against the estate of said deceased to exhibit them to the undersigned on or before the 20th day of January, 2009, or this notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement.

This the 16th day of October, 2008.

William Kevin Margeson,

Co-Executor 

Steven N. Margeson, Co-Executor    

ROBERT F. SILER

Resident Process Agent

COWARD, HICKS & SILER, P.A.

43 Main Street

Franklin, NC 28734

31-35e

 PUBLIC NOTICE

Mountain Projects, Inc. is undertaking an Urgent Repair Grant. This project will take place in Jackson County with home repairs being performed on a minimum of 15 single family dwellings. Scope of work will address needs only of an urgent nature including but not limited to the following building trades: electrical upgrades or repairs, furnace and heater repair or replacement, structural repair, handicap ramps, handicap accessible bathrooms, plumbing repair or replacement, well diggers, and septic installation.

This program is reserved for families with (special needs) who are homeowners or life estate holders and income eligible. For full details contact Vivian A. Bumgarner at Mountain Projects, Inc. 2251 Old Balsam Road Waynesville NC 28786. 828-452-1447 Ext. 119.

31e

PUBLIC NOTICE

Mountain Projects, Inc. is undertaking an Urgent Repair Grant. This project will take place in Haywood and Jackson Counties with home repairs being performed on a minimum of 38 single-family dwellings. Scope of work will address needs only of an urgent nature including but not limited to the following building trades: electrical upgrades or repairs, furnace and heater repair or replacement, structural repair, handicap ramps, handicap accessible bathrooms, plumbing repair or replacement, well diggers, and septic installation.

Where applicable, work will require licensed contractors. All work carried out must conform to building code and programmatic standards. Contractors must carry workers compensation and general liability insurance. Minority and female owned businesses, as well as Section 3 firms are encouraged to participate. In addition Contractors are encouraged to solicit to potential small and minority firms, women’s business enterprise and labor surplus area firms when possible. Contractor applications are available at Mountain Projects, Inc. 2251 Old Balsam Road Waynesville NC 28786. Contact Vivian A. Bumgarner at 828-452-1447 Ext. 119.

31e

NOTICE TO CREDITORS

The undersigned having qualified as Administratrix for the Estate of Carroll Dean Beck, late of the County of Jackson, State of North Carolina, this is to notify all persons, firms and corporations having claims against the estate to present such claims to the undersigned to Joyce Conner Beck, PO Box 343, Balsam, NC 28707, on or before the 31st day of December, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

This the 22nd day of September.

Joyce Conner Beck, Administratrix

T. MICHAEL JORDAN

Attorney for the Estate

154 North Main Street, Suite 1

Waynesville, NC 28786

828/452-5871

28-31

EXECUTOR’S NOTICE TO CREDITORS

ALL PERSONS, firms and corporations having claims against Georganna Scully, deceased, of Jackson County, North Carolina, are notified to exhibit the same to the undersigned on or before December 31, 2008 or this notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 2nd day of October, 2008. James C. Smallwood, Co-Executor of the Estate of Georganna Scully, 174 Cowan St., Sylva, North Carolina, 28779; Kathryn Remsen, Co-Executor of the Estate of Georganna Scully, 22434 SW 65 Avenue, Boca Raton, FL, 33428; and B. David Steinbicker, Jr., Resident Process Agent, P.O. Box 1011, Sylva, NC, 28779.

28-31e

NOTICE OF ADMINISTRATION

Having qualified as Executor of the estate of Clara Belle Wilkey, AKA, Clara Belle Wilkey-Cogdill, 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 223 Gunsmoke Rd., Sylva, NC 28779, on or before the 16th day of January, 2009, 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 8th day of October, 2008.

George Raymond Bunn, Executor

Estate of Clara Belle Wilkey,

AKA, Clara Belle Wilkey-Cogdill

30-33

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE NO. 08 CVD  179

STATE OF NORTH CAROLINA

COUNTY OF JACKSON

TOWN OF SYLVA, a North Carolina Municipal Corporation, and

THE COUNTY OF JACKSON,

a body politic,

Plaintiffs,

vs.

GABRIELLA ROGERS, REGINALD

ROGERS, RHONDA MCDOWELL,

JONETTA ROGERS, and

Heirs at Law of Ethel Blakely any person, firm, corporation, trust or entity now in existence having an interest in the lands of Ethel Blakely

Defendants.

The undersigned Commissioner, pursuant to that Order entered October 13, 2008 by the Honorable Bradley B. Letts, District Court Judge, in the above entitled proceeding, will offer for sale to the highest bidder for cash on November 6, 2008, at 11:00 A: M at the West Entrance of the Jackson County Justice Center in Sylva, North Carolina, that certain tract of land lying in the Town of Sylva, Jackson County, and more particularly described as follows:

Being the same lands as described in that Deed recorded in Deed Book 336 at page 133, Jackson County Public Registry; the same being a 0.22 acre tract of land with PIN # 7631.02-99-0530, according to the Jackson County Mapping Office and being lots 18-28 of the J. F. Freeze Subdivision as recorded in Plat   Cabinet 2, Slide 65 of the Jackson County Registry, less and except that property taken by the North Carolina Department of Transportation.

No warranties, express or implied, shall be made as to the acreage contained in the above described tract of land. In addition, no warranties of title will be made and any interested purchaser desiring to ascertain marketability of title should perform or cause to be performed an independent title examination.

This sale will be made subject to confirmation of the Court and will further be subject to the filing of upset bids as by law provided.

The highest bidder at the sale will be required to deposit five (5%) of the amount bid with the Commissioner in cash or certified funds immediately upon the conclusion of the sale except no deposit shall be required of a taxing unit that has made the highest bid.

The property will be sold in fee simple, free and clear of all interests, rights, claims, and liens whatever except to those taxes the amount of which cannot be definitely determined at the time of the judgment and taxes alleged in other foreclosure actions or proceedings pending against the same real property.

This the 15th day of October, 2008.

Eric Ridenour, Commissioner

Ridenour Law Firm, PA

P.O. Box 965

Sylva, NC 28779

828-586-3131

31,32

 IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

07 SP 194

NORTH CAROLINA

JACKSON COUNTY

PRELO SHULAR and

CLIFFORD SHULAR,

Petitioners,

v.

A.B. SHULAR, KENNETH RAY

SHULER, LINDA S. HOXIT, DONALD

W. SHULER, RONALD M. SHULER,

FRANCES S. FRIZZELL and

WAYNEFICA S. MATHIS,

Respondents.

NOTICE OF SALE

Under and by virtue of that certain order entered September 23, 2008, by The Honorable Ann Melton, Clerk of Superior Court for Jackson County, appointing the undersigned Commissioner to sell the real property described hereinbelow, the undersigned does hereby give notice of the public sale of said real property on the 23rd day of October, 2008 at 10:00 a.m. at the usual place of public sale at the Jackson County Justice Center, 401 Grindstaff Cove Road, Sylva, North Carolina. The real property, lying and being in the Caney Fork Township of Jackson County, is more particularly described as:

“BEGINNING on a hickory in the old Shular line and runs thence: N 67-45 W 20 poles to a Spanish oak on top of a ridge; thence N 01-30 W 14 poles to a stake on top of Gooseberry ridge; thence along top of said ridge with its watershed; N14 E 18 poles to a hickory; thence N 29-15 E 18 poles to a black oak; thence N 16-45 W 75 poles to a stake; thence N 8 East 12 poles to a stone on top of said ridge, corner of the Worley tract; Thence with said line S 77-30 E 77 poles to a cucumber stump on West side of branch; thence down said branch S 5 W 26 poles to a stake at a flat rock; thence S 20 30 E 17 poles to a stake corner of the James Shular tract; thence with said line S 27-30 W 46 poles to a hickory; thence N 57 E 23 poles to a hickory; thence S 23-30 W for 36 poles to the BEGINNING containing 36.5 acres as surveyed by S.M. Parker, Surveyor in October 1941.”

Together with and subject to those certain rights of ways as set forth in a deed recorded in Book 1655 at Page 426 of the Jackson County Public Registry.

The sale will be for cash to the highest bidder at the sale. The highest bidder will be required to deposit the sum of five percent (5%) of the purchase price or $750, whichever amount is greater, by cash or certified check with the Clerk of Superior Court on the date of sale. The property is being sold subject to all liens, unpaid taxes, encumbrances, deeds of trust and other matters of public record.

This sale shall be “as is” and the undersigned makes no warranties whatsoever as to the condition or status of title of the lands, or as to the actual acreage sold hereunder. In addition, this sale is made subject to any easements of record, or visible upon the ground and not of record. Any prospective purchaser should have such title examination performed as is necessary to ascertain the actual status of the title.

The sale shall be open for ten (10) days for upset bids as by law provided.

This the 2nd day of October, 2008.

B. David Steinbicker, Jr.

Commissioner

PO Box 1011

Sylva, NC 28779

30,31e

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 Robert Scholler and wife, Gelsu T. Dominova, dated August 4, 2006, and recorded in the Office of the Register of Deeds for JACKSON COUNTY, North Carolina, in Book 1608, at Page 689, 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 undersigned Substitute Trustee will expose for sale at public auction to the highest bidder for cash the property therein described, to wit:

206 Juniper Court,

Sapphire NC 28774

Jackson County

Parcel ID: 8502-12-6355

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 12/14/1999, 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 all 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

Present Record Owner(s): Robert Scholler and wife Gelsu T. Dominova

The terms of the 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 an amount equal to the greater of five percent (5%) of the high bid or $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. Section 7A-308 (a) (1).

NOTICE TO OCCUPANTS:

1. That 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.

2. 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.

3. Any tenant who resides in residential real property containing less than 15 rental units that is being sold in a foreclosure proceeding under Article 2A of Chapter 45 of the General Statutes may terminate the rental agreement for the dwelling unit after receiving notice pursuant to G.S. 45-21.17(4) by providing the landlord with a written notice of termination to be effective on a date stated in the notice that is at least 10 days after the date of the notice of sale. Upon termination of a rental agreement under this sections, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at the time that would have been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due only to the early termination of the tenancy.

The real property hereinabove described will be sold "as is," "where is,” subject to any and all superior liens and subject to taxes and special assessments.

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 for 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). The Trustee 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.

The sale will be held open for ten (10) days for upset bids as by law required.

Date and Hour for SALE:  October 30, 2008 at 11:00 AM

Place of Sale: Jackson County Courthouse

Date of this Notice: August 27, 2008

Raymond A. Burke or Sherrie L. Harmon, Substitute Trustee

4731 Hedgemore Drive, Suite 200

Charlotte, NC 28209

(704) 334-4529

08-SP-192

30,31e


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