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THE FOLLOWING ADS ARE ARCHIVED ADS AND SHOULD NOT BE CONSIDERED CURRENT (THE INFORMATION MAY BE EXPIRED AND NO LONGER ACCURATE):
TUCKASEIGEE WATER & SEWER AUTHROITY
PUBLIC MEETING
TUESDAY, DECEMBER 9, 2008
A Public Meeting will be held Tuesday, December 9th at 6:00 p m in the Conference Room located at 1246 West Main Street, Sylva NC 28779. The purpose of the Public Meeting is to receive public comment on the proposed Water Shortage Conservation Rates and the Water and/or Sewer Availability Charge.
37e
NOTICE OF ADMINISTRATION
Having qualified as Administrator of the estate of Charmin Marie Lacy Hall, 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 2325, Sylva, NC 28779, on or before the 4th day of March, 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 20th day of November, 2008.
Douglas Brent Hall, Administrator
Estate of Charmin Marie Lacy Hall
37-40
PROSPECTIVE BIDDERS
Western Builders of Sylva Inc. is accepting sub-bids to furnish and install materials for the following job:
Macon County
Animal Shelter Building Project
Franklin, N.C.
All bids must be received in our office by 11:00am on Tuesday, December 9, 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
37e
NOTICE TO CREDITORS
Having qualified as Co-Executors of the Estate of Ernest Burch, deceased, late of Jackson County, North Carolina, this is to hereby notify all persons, firms, and corporations having claims against the estate of said decedent to present such claims to the undersigned at: W. Paul Holt, Jr. and Dennis Carl Burch, c/o W. Paul Holt, Jr., P.A., P.O. Box 217, 702 West Main St., Sylva, NC 28779 on or before April 1, 2009, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 4th day of December, 2008.
W. Paul Holt, Jr., Co-Executor
Dennis Carl Burch, Co-Executor
c/o W. Paul Holt, Jr.
W. Paul Holt, Jr., P.A.
P.O. Box 217
Sylva, NC 28779
(828) 586-2121
37-40e
DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
Proposed Base Flood Elevation Determinations for Towns of Dillsboro and Sylva, Jackson County, North Carolina
The Department of Homeland Security’s Federal Emergency Management Agency has issued a preliminary Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) reflecting new or modified Base (1% annual chance) Flood Elevations (BFEs) within Jackson County, North Carolina and Incorporated Areas. Technical information or comments are solicited on the proposed and proposed modified BFEs shown on the preliminary FIS and FIRM for the Towns of Dillsboro and Sylva. These BFEs and modified BFEs are the basis for the floodplain management measures that your community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program. However, before the BFEs or modified BFEs are effective for floodplain management purposes, you will be provided an opportunity to appeal the proposed elevations. For information on the statutory 90-day period provided for appeals, as well as a detailed listing of the proposed and proposed modified BFEs and the addresses where copies of the FIRM are available for review, please visit our website at http://www.fema.gov/plan/prevent/fhm/bfe, or call the FEMA Map Assistance Center toll free at 1-877-FEMA MAP (1-877-336-2627).
37,38e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE #: 08 CvS 625
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
ED HENSLEY, in his capacity as Trustee of the Deed of Trust recorded in Jackson County Register of Deeds, Book 1621, Pages 395-400,
Plaintiff,
vs.
STONEY ALLEN BEARDEN and wife, BRENDA BEARDEN, and STOVALL LUMBER, CO. d/b/a SOUTHERN LUMBER HOME CENTER, Defendants.
TO: STONEY ALLEN BEARDEN, Defendant
Last known address: Post Office Box 77581, Ocala, Florida 34477-0035
NOTICE OF SERVICE OF
PROCESS BY PUBLICATION
TAKE NOTICE hereby that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is recovery by plaintiff for foreclosure of the property located at: 89 Big Bear Mountain, Sylva, North Carolina. You are required to make defense to such pleading not later than January 13,2009. Upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.
THIS, the 24th day of November, 2008.
FERIKES & BLEYNAT, PLLC
JOSEPH A. FERIKES [SB #I08751
Attorneys for Plaintiff
21 Broad Street
Asheville, N.C. 28801
828125 1 -1 588
37-39e
MEETING NOTICE
The public is hereby notified that the Jackson County Greenway Commission will not hold its regular monthly meeting in December. The meeting was previously scheduled for Tuesday, Dec. 9.
36,37e
NOTICE OF ADMINISTRATION
Having qualified as Executrix of the estate of Sandra Diane Timberlake, 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 1473 Fisher Creek Road, Sylva, NC 28779, on or before the 28th day of February, 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 November, 2008.
Winnie L. Timberlake, Executrix
Estate of Sandra Diane Timberlake
36-39
COUNTY OF JACKSON
REQUEST FOR PROPOSAL
The County of Jackson is requesting proposals from qualified individuals / firms for the clean-up, demolition, removal, reduction, and disposal of debris as directed by the County in order to provide disaster recovery services and disaster recovery monitoring services.
Individuals / firms interested in being considered should obtain a request for proposal from the office of the Jackson County Emergency Management Office, 401 Grindstaff Cove Road, Sylva, NC 28779. Proposals are due prior to 10:00 a.m. on Friday, December 12, 2008.
36-38
REQUEST FOR BIDS
The Tribal Casino Gaming Enterprise d/b/a Harrah’s Cherokee Casino & Hotel is soliciting bids for the purchase of annual flowering plant materials for our property Grounds keeping program for spring and fall of 2009. These materials must meet strict specifications and requirements, and will require delivery to our property in Cherokee, North Carolina. A site visit to understand requirements and pick up specifications is required.
Deadline for Bids: December 18, 2008
Specifications:
- Exact specifications for material required is listed on separate form and will be provided at the time of the site visit
- All material must meet the quality specifications noted, any substandard material will be refused.
- If the size or variety of material requested is not available, substitutes may be suggested but must be approved prior to bid acceptance.
Successful bidder is responsible for the following:
- Ensuring compliance with vendor licensing regulations set forth by the Cherokee Tribal Gaming Commission.
- Guaranteeing final product to be true to name and in viable condition upon delivery.
- Successful bidder must provide proof of insurance coverage specifically listing the Tribal Casino Gaming Enterprise d/b/a Harrah’s Cherokee Casino & Hotel as an “Additional Insured” for the following amounts:
- Two Million Dollars ($2,000,000) General Liability
- One Million Dollars ($1,000,000) Workman’s Compensation
- One Million Dollars ($1,000,000) Motor Vehicle
Notes:
- Successful bidder will be notified by phone and by letter upon opening of bids. Notice to proceed will be provided by formal purchase order issued by Harrah’s Cherokee Casino & Hotel.
- All bids must be submitted using the attached specification sheet or on company letterhead or worksheet.
- The TCGE d/b/a Harrah’s Cherokee Casino & Hotel is tax exempt under North Carolina law. Documentation of this exemption will be provided to the winning bidder.
- Preference in the award of this purchase will be given to Indian-owned economic enterprises in accordance with the Cherokee Tribal Employment Rights Ordinance (TERO). All subcontracts proposed to be awarded under this contract must also be awarded in compliance with TERO regulations.
- Bid is to be for a period of two years and results from this Request for Bids may be used as a basis of award for future purchases by Harrah’s Cherokee Casino & Hotel.
Detailed information on this project may be requested from the Harrah’s Cherokee Casino & Hotel Grounds Department between the hours of 8:00 AM and 3:00 PM, Monday through Friday. Interested parties may contact Ralph Repp or Loraine Grant at 828-497-8628 or 828-736-1626 cell for further information and copies of the specifications.
Proposals must be received no later than 2 PM on December 18, 2008 at the office of Sabra Childers, Facilities Department Assistant. Bids may be delivered in person, by fax, or by mail. Sabra Childers- 828-497-8689 Fax 828-497-8388
Owner:
Harrah’s Cherokee Casino & Hotel
Attn: Ralph Repp Grounds Supervisor
777 Casino Drive
Cherokee, NC 28719
Telephone: (828) 497-8628
Fax: (828) 497-8795
36,37
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
08-SP-221
NORTH CAROLINA
JACKSON COUNTY
In the Matter of the Foreclosure of the Deed of Trust of
KATHREN L. STEPHENS and husband,
CHRISTOPHER STEPHENS,
Mortgagors-Grantors,
To
ANDREW C. BUCKNER,
Substitute Trustee,
And
AMERICAN GENERAL FINANCIAL
SERVICE, INC., a North Carolina
Corporation
Noteholder.
As recorded in Book 1434 at Page 358, of the Jackson County Public Registry.
NOTICE OF FORECLOSURE
SALE UNDER DEED OF TRUST
Under and by virtue of the power and authority contained in that certain Deed of Trust, (the “Deed of Trust”) executed and delivered by Kathren L. Stephens and Christopher Stephens, dated July 1, 2004, and recorded in the Office of the Register of Deeds for Jackson County, North Carolina, in Book 1434 at Page 358, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Jackson County, North Carolina, entered in this foreclosure proceeding, the undersigned, Andrew C. Buckner, will offer for sale at public auction to the highest bidder for cash, on the 16th day of December, 2008, at 11:00A.M. at the door of the Jackson County Courthouse, Sylva, North Carolina, the following described property:
BEING all of the lands, easements, privileges and appurtenances as are described in and conveyed by the Deed of Correction dated August 7, 2003, from Kevin Todd Mathis and wife, Tammy Franks Mathis, to Christ Stephens and wife, Kathy Stephens, recorded in Deed Book 1194 at Page 517, Jackson County Land Registry, North Carolina, to which reference is hereby made for a more complete and accurate description.
The property address is as follows: NCSR #1742, Caney Fork, NC.
The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases, and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Deed of Trust; provided, however, that the inclusion of this clause in this Notice of Trustee’s Sale shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.
The record owner of the property as reflected on the records of the Jackson County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Kathren L. Stephens and husband, Christopher Stephens.
Pursuant to North Carolina General Statutes Section 45-21.10(b), and the terms of the Deed of Trust, any successful bidder will be required to deposit, with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred and fifty dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Section 45-21.30(d) and (e).
This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.
This the 19th day of November, 2008.
Andrew C. Buckner, Substitute Trustee
705 West Main Street
Sylva, North Carolina 28779
(828) 586-2147
37,38e
08 SP 219
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 DONALD H ELLIOTT, INDIVIDUALLY AND AS TRUSTEE SETTLOR OF THE DONALD H ELLIOTT TRUST UTDF 04/12/2002 to MORRIS AND SCHNEIDER, Trustee(s), which was dated June 21, 2007 and recorded on June 21, 2007 in Book 1681 at Page 775, 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 or Fred Gillespie, 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 December 16, 2008 at 2:00PM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit:
Being all of that certain 5.01 acre tract of land known as Parcel B as shown on a plat thereof entitled "Plat for Donald H. Eliiott Trustee", drawn by W. Edward Hall, L.S., Drawing No. 2988, dated August 17, 2006, and recorded in Plat Cabinet 15 at Slide 419 of the Jackson County Registry to which reference is hereby specifically made.
Subject to non-exclusive road right-of-way over and across and through the road that now crosses the above-described tract and known as the Charlie Passmore private road as recorded in Book 345, Page 413, Jackson County Registry.
Together with all appurtenances and subject to all restrictions, reservations and exceptions contained in the above-referenced deed.
Together with and subject to non-exclusive right-of-way over the existing access road, also known as the "Old Cullowhee Mountain Road" for purposes of ingress and egress between North Carolina State Road 1157 (Cullowhee Mountain Road) and subject property.
Together with all appurtenances and subject to all restrictions, reservations and exceptions contained in the above-referenced deed and the instruments referenced herein.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 500 Double Springs Lane, 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 Donald H. Elliott Trust UTDF 04/12/02.
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.: 08-14641
37,38e
08 SP 220
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 DONALD H ELLIOTT, INDIVIDUALLY AND AS TRUSTEE SETTLOR OF THE DONALD H. ELLIOTT TRUST DATED 4/12/2002 AND PHYLLIS ELLIOTT AKA PHYLLIS L. ELLIOTT, HIS WIFE to MORRIS AND SCHNEIDER, Trustee(s), which was dated October 24, 2007 and recorded on October 29, 2007 in Book 1708 at Page 389, 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 or Fred Gillespie, 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 December 16, 2008 at 2:00PM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit:
Being all of that certain 5.01 acre tract of land know as Parcel C as shown on a plat thereof entitled "Plat for Donald H. Elliott Trustee", drawn by W. Edward Hall, L.S., Drawing No. 2988, dated August 17, 2006, and recorded in Plat Cabinet 15 at Slide 419 of the Jackson County Registry, to which reference is hereby specifically made.
Subject to a non-exclusive road right-of-way over and across and through the road that now crosses the above-described tract and known as the Charlie Passmore private road as recorded in Book 345, Page 314, Jackson County Registry.
Together with all appurtenances and subject to all restrictions, reservations and exceptions contained in the above-referenced deed.
Together with and subject to a non-exclusive road right-of-way over the existing acess road, also known as the "Old Cullowhee Mountain Road" for purposes of ingress and egress between North Carolina State Road 1157 (Cullowhee Mountain Road) and subject property.
Together with all appurtenances and subject to all restrictions, reservations and exceptions contained in the above-referenced deed and the instruments referenced herein.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 590 Double Springs Lane, 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 The Donald H. Elliott Trust UTDF 04/12/2002.
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.: 08-14647
37,38e
THE GENERAL COURT OF JUSTICE
IN SUPERIOR COURT DIVISION
08-SP-213
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
IN THE MATTER OF THE FORECLOSURE of a Deed of Trust from Yolanda Serrano and Xavier Mudavachery dated February 22, 2007 and recorded on February 23, 2007 in Book 1655 at Page 357 of the Jackson County Public Registry by Andrew C. Buckner (Substitute Trustee).
NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
Under and by virtue of the power and authority contained in a certain Deed of Trust executed and delivered by Yolanda Serrano and Xavier Mudavachery dated February 22, 2007 and recorded on February 23, 2007 in Book 1655 at Page 357 of the Jackson County Public Registry (the “Deed of Trust”) and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Jackson County, North Carolina, entered in this foreclosure proceeding, the undersigned, Andrew C. Buckner, Substitute Trustee, will expose for sale at public auction on the 17th day of December, 2008, at 10:00 a.m., at the appropriate place for foreclosure sales at the Jackson County Courthouse, 401 Grindstaff Cove Road, Sylva, North Carolina, the real property (including any improvements thereon) which is more particularly described on Exhibit A attached hereto and incorporated herein. This sale shall not include any portion of the real property that has been released by recorded releases or any real property described in the Deed of Trust which is not listed and included on Exhibit A attached hereto.
The sale will be subject to any and all superior mortgages, deeds of trust and liens, including without limitation, the lien of unpaid taxes and assessments, easements, conditions, restrictions and matters of record. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following confirmation of the sale. The real property may be sold in separate parcels, all together or in any manner the Substitute Trustee determines is appropriate.
The above-described real property will be sold “AS IS, WHERE IS.” 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 real 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.
The record owner of the abovedescribed real property as reflected on the records of the Jackson County Register of Deeds not more than ten (10) days prior to the posting of this notice is Yolanda Serrano.
Pursuant to North Carolina General Statute Section 4521.10(b), any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of the greater of five percent (5%) of the last bid or $750.00. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes §4521.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid.
This sale will be held open ten (10) days for upset bids as required by law.
If the real property to be sold pursuant to this notice of sale is residential property with less than fifteen rental units then: (i) an order for possession of the property may be issued pursuant to North Carolina General Statute Section 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 real property is sold; and (ii) any person who occupies the real 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 ten (10) days’ written notice to the landlord, and upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
This the 17th day of November, 2008.
Andrew C. Buckner
Substitute Trustee
Coward, Hicks & Siler, P.A.
705 West Main Street
Sylva, NC 28779
Telephone: 828-586-2147
Facsimile: 828-586-2605
EXHIBIT A
Legal Description
TRACT ONE:
BEING AND COMPREHENDING all of Lot 1B, containing 0.72 of an acre, more or less, HAMPTON SPRINGS RESORT, as shown on a map or plat of a survey prepared by W. Edward Hall, L.S., dated January 30, 2007, entitled "Plat for Yolanda Serrano, Lots 1A & 1B, Hamburg Township, Jackson County, North Carolina", drawing no. 2756-1, recorded in Plat Cabinet 15, Slide 865, Jackson County Public Registry, to which reference is hereby made and incorporated herein as if fully set forth.
Being the same lands as conveyed and described by deed dated March 22, 2005 from Wade Hampton Horizons, Inc., a North Carolina corporation, and North Blue Springs, Inc., a North Carolina corporation, to Yolanda Serrano, a married woman, recorded in Book 1488, Page 711, Jackson County Public Registry.
TRACT TWO:
BEING AND COMPREHENDING all of Lot 1A, containing 0.64 of an acre, more or less, HAMPTON SPRINGS RESORT, as shown on a map or plat of a survey prepared by W. Edward Hall, L.S., dated January 30, 2007, entitled "Plat for Yolanda Serrano, Lots lA & 1B, Hamburg Township, Jackson County, North Carolina", drawing no. 2756-1, recorded in Plat Cabinet 15, Slide 865, Jackson County Public Registry, to which reference is hereby made and incorporated herein as if fully set forth.
Being the same lands described and conveyed by deed dated March 22, 2005 from Wade Hampton Horizons, Inc., a North Carolina corporation, and North Blue Springs, Inc., a North Carolina corporation, to Yolanda Serrano, a married woman, recorded in Book 1488, Page 706, Jackson County Public Registry.
There is further conveyed to the Trustee, his successors and/or assigns, and this instrument is made and given SUBJECT TO the right to use jointly a non-exclusive right of way and easement, thirty (30) feet in width, leading from NCSR #1129, Big Ridge Road, over, across and through other lands of Wade Hampton Horizons, Inc., now or former, to and thence along and within the southern boundaries of the above described Lot 1B and Lot 1A, and thence continuing over the thirty (30) foot right of way for existing roadway, over, across and through other lands of the Wade Hampton Horizons, Inc., now or former, to and thence along the northeastern boundary line of the lands hereinabove described and conveyed as Lot 1B and Lot 1A. Said right of way and easement to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said road and right of way, and for the placement of utility lines within said right of way.
There is further conveyed to the Trustee, his successors and/or assigns, and this instrument is made and given SUBJECT TO the rights, terms and obligations of the restrictive covenants for WADE HAMPTON HORIZONS SUBDIVISION recorded in Book 1128, Page 182, Jackson County Public Registry to which reference is hereby made and incorporated herein as if fully set forth; and together with and SUBJECT TO any subsequent, Supplemental Declarations or Amendments thereto.
This instrument is made and given SUBJECT TO the right of way for Big Ridge Road, NCSR #1129, to its full legal width.
37,38e
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