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NOTICE OF ADMINISTRATION
Having qualified as Executor of the estate of Freda Haskett Queen, aka, Freda H. Queen, 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 Michael A. Crawford, P.O. Box 3049, c/o Dixon Hughes, Asheville, NC 28802, on or before the 4th day of May, 2010, 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 29th day of January, 2010.
Michael A. Crawford, Executor
Estate of Freda Haskett Queen,
aka, Freda H. Queen
46-49
NOTICE
Mountain Projects, Inc. has developed and plans to submit a proposal to the North Carolina Department of Health and Human Services, Office of Economic Opportunity for a one-year grant under the Community Service Block Grant (CSBG) program. It will be available for review on February 10, 2010 at the Mountain Projects, Inc. offices located at 2251 Old Balsam Road, Waynesville, NC 28786 and at the Sylva office located at 25 Schulman Street, Sylva, NC 28779.
A public hearing regarding the Agency Proposal will be held on Friday, February 12, 2010 at 8:30 at the Balsam Head Start meeting room located at 2251 Old Balsam Road, Waynesville, NC 28786.
46
NOTICE OF ADMINISTRATION
Having qualified as Executor of the estate of Juanita Gusta Bryson, aka, Juanita Gusta Brewer, 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 17702 Old Winery Way, Poway, Calif. 92064-1059, on or before the 4th day of May, 2010, 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 27th day of January, 2010.
Lee Schaurien, Executor
Estate of Juanita Gusta Bryson, aka, Juanita Gusta Brewer
David H. Bryson, Jr.
10 E. Main St.
Sylva, NC 28779
46-49
NOTICE OF MEETING
The Jackson County Board of Commissioners will hold a regular meeting on February 15, 2010 at 6:30 p.m., Justice & Administration Building, 401 Grindstaff Cove Road, Room A201, Sylva, North Carolina.
46,47
NOTICE OF MEETING CHANGE
The Town of Dillsboro Board of Aldermen have approved a change in their monthly meeting dates. The Board will now meet on the SECOND Monday of the month, having workshops at 5:30 and meetings at 6:00pm at Town Hall in Dillsboro, 42 Front St. Our February meeting will occur on Monday, Feb. 8th. The public is, as always, welcome.
46e
NOTICE OF A PUBLIC HEARING
The Jackson County Board of Commissioners will be available for public comment on February 15, 2010, 6:00 p.m., Justice & Administration Building, 401 Grindstaff Cove Road, Room A201, Sylva, North Carolina. The purpose of the Public Hearing is to receive public input concerning amendments to the Code of Ordinances.
Copies available online at jacksonnc.org/planning/ordinances and the Planning Office at the Justice Center.
Citizens are invited to make written or oral comments.
46,47e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION, BEFORE THE CLERK
File No. 10E12
JACKSON COUNTY
STATE OF NORTH CAROLINA
IN THE MATTER OF THE ESTATE OF WALTER J. DURR, DECEASED.
NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of Walter J. Durr, deceased, late of Jackson County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the decedent and/or the estate of said decedent to exhibit them to the undersigned in care of the Law Office of Lebensburger & Gilreath, PLLC, 211 North Main Street, Hendersonville, NC 28792, on or before May 11, 2010 or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said decedent and/or said decedent’s estate will please make immediate payment to the undersigned.
Dated the 4th day of February, 2010.
Andrea Durr Border, Executrix
Estate of Walter J. Durr
Evan M. Gilreath, Esq.
Attorney for Executrix
Law Office of Lebensburger & Gilreath, PLLC
211 North Main Street
Hendersonville, NC 28792
46-49e
NOTICE OF ADMINISTRATION
Having qualified as Executrix of the estate of Doris Ann Staley, aka, Doris Ann Estes, 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 138 Joe Wilkey Rd., Sylva, NC 28779, on or before the 28th day of April, 2010, 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 January, 2010.
Ruby Louise Bulla, Executrix
Estate of Doris Ann Staley, aka, Doris Ann Estes
45-48
NOTICE OF ADMINISTRATION
Having qualified as Administratrix of the estate of Carolyn Jonas Gardner, 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 491 Racking Cove, Sylva, NC 28779, on or before the 28th day of April, 2010, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate settlement with the undersigned. This the 19th day of January, 2010.
Ann Gardner, Administratrix
Estate of Carolyn Jonas Gardner
45-48
NOTICE OF ADMINISTRATION
Having qualified as Administratrix of the estate of Lee Roy Woodard, 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 1376, Highlands, NC 28741, on or before the 28th day of April, 2010, 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 January, 2010.
Catherine W. Garren, Administratrix
Estate of Lee Roy Woodard
45-48
Notice to Creditors
All persons, firms and corporations having claims against June L. Bell, Deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Executor on or before April 28, 2010, 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 28th day of January, 2010.
Myron Eugene Bell, Executor
c/o Thomas R. Crawford, Esq.
COWARD HICKS & SILER, P.A.
705 West Main Street
Sylva, NC 28779
45-48e
NOTICE OF SERVICE OF PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA
BUNCOMBE COUNTY
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
09 SP 0918
TO: THE UNKNOWN FATHER
FOR THE ADOPTION OF: GRADY WAYNE HOWARD
BY: JEREMY WAYNE HOWARD AND CHRISTINA ANN HOWARD
TAKE NOTICE that a Petition for Adoption of the above named child was filed by Jeremy Wayne Howard and Christina Ann Howard on August 7, 2009, with the Clerk of Superior Court for Buncombe County, Asheville, North Carolina in the above-entitled special proceeding. The petition relates to a male child born on June 18, 2009 in Harris Regional Hospital in Sylva, North Carolina. The birth mother’s name is ANGIE MICHELLE MURPHY.
TAKE NOTICE that you are required to make defense to such pleading no later than forty (40) days after the date of the first publication of this notice, exclusive of such date. Upon your failure to do so, the Petitioners will apply to the Court for the relief sought in the petition, namely the adoption of said child. Any parental rights that you may have will be terminated upon the entry of the Decree of Adoption.
This, the 19th day of January, 2010.
Adam W. Bull, Esquire
Attorney for Petitioners
Bull & Reinhardt, PLLC
64 Broadway
Suite 100
Asheville, NC 28801
45-50e
NOTICE TO CREDITORS
Having qualified as Co-Executors of the Estate of Wilma Baker Cosper, late of Jackson County, North Carolina, Marla Kay Cosper Miller and Cecil Kyle Cosper do hereby notify all persons, firms, and corporations having claims against the estate of said decedent to exhibit them to the undersigned at W. Paul Holt, Jr., Resident Process Agent for the Estate of Wilma Baker Cosper, W. Paul Holt, Jr., P.A., 702 West Main St., Sylva, NC 28779 on or before April 16, 2010, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.
This the 14th day of January, 2010.
Marla Kay Cosper Miller and Cecil Kyle Cosper, Co-Executors
c/o W. Paul Holt, Jr., Resident Process Agent
W. Paul Holt, Jr., P.A.
702 West Main Street
Sylva, NC 28779
(828) 586-2121
43-46e
NOTICE OF ADMINISTRATION
Having qualified as Executrix of the estate of Evelyn Irene Elders Williamson, 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 551 East Main St., Sylva, NC 28779, on or before the 11th day of April, 2010, 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 11th day of January, 2010.
Judy Cody, Executrix
Estate of Evelyn Irene Elders Williamson
43-46
09 SP 97
AMENDED 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 Brian Duncan Carraway to Shapiro & Kreisman, Trustee(s), which was dated March 28, 2007 and recorded on April 3, 2007 in Book 1664 at Page 494, 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, 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 February 15, 2010 at 2:30PM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit: Being all of Lot 5, Phase 1, Section 1, TRILLIUM LINKS & VILLAGE, as shown on a plat thereof recorded in Plat Cabinet 8, Slide 609, Jackson County Registry, to which reference is specifically made. Also being the same lands as described in that certain deed recorded in Book 988, Page 365, Jackson County Registry, to which reference is specifically made. Together with non-exclusive rights-of-way over the "PROPOSED 16' R/W","EXISTING GRAVEL DRIVE","EXISTING GRAVEL ROAD", and "EXISTING PAVED ROAD MAIN ACCESS ROAD" as shown on the above-referenced plat for prposes of ingress and egress between North Carolina State Road 1145 (NortonRoad) and subject property. Subject to rights-of-way overthe "PROPOSED 16'R/W" and the "EXISTING GRAVEL DRIVE", as shown on the above-referenced plat and as reserved by deed recorded in Book 988, Page 365, Jackson County Registry, for purposes of ingress and egress to Lots 1,2,3,4,6 and the "COMMON AREA" as shown on the above-referenced plat. Subject to that certain Declaration of Protective Covenants, Restrictions and Easements for Trillium Links & Village (formerly the Landings at Signal Ridge) recorded in Book 834, Page 171, as amended by instruments recorded inBook 888, to whcih reference is speciafically made. In acceotung this conveyance, the Grantee acknowledges that membership in the Trillium Links & Village Property Owners Association, Inc. is an appurtenance to the property hereinabove described and hereby conveyed, that the benefits and burdens of such membership cannot be servered from the fee to which it is appurtenant, and that said benefits and burdens shall run perpetually with the land. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 113 Rendezvous Ridge, Cashiers, NC 28717. Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1). A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Brian Duncan Carraway. An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Substitute Trustee Brock & Scott, PLLC Jeremy B. Wilkins, NCSB No. 32346 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No. 09-05054-FC01, 661372 2/4, 02/11/2010
46,47e
IN THE GENERAL COURT OF JUSTICE
BEFORE THE CLERK
09 SP 307
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
In the Matter of the Foreclosure of the Deed of Trust executed by Legasus of North Carolina, LLC and Tuckasegee River Valley Investment Company, dated the 15th day of September, 2008 and recorded in Book 1765, Page 521 of the Jackson County Registry.
By: Rebecca J. Reinhardt,
Substitute Trustee.
NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF REAL ESTATE
UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Legasus of North Carolina, LLC and Tuckasegee River Valley Investment Company dated September 15, 2008 and recorded in Book 1765, Page 521 Jackson County, and because of default in the payment of the indebtedness thereby secured and failure to carry out and perform the stipulations and agreements therein contained and pursuant to an Order entered by the Clerk of the Superior Court 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 at the usual place of sale in the Courthouse of Jackson County, located at 401 Grindstaff Cove Road in Sylva, North Carolina, at 10:00 a.m. on the 15th day of February, 2010, all of those certain lots or parcels of real estate, including all improvements and fixtures located thereon, situated, lying and being in Jackson County, North Carolina, and more particularly described as follows:
PROPERTY DESCRIPTION:
Please see Exhibit “A” attached hereto.
EXHIBIT A
TRACT I:
BEING AND COMPREHENDING a 36.56 acre parcel as shown on a plat prepared for Legasus from Michael N. Clark, dated February 2, 2006, by Davenport & Assoc., Inc., and as recorded in the Office of the Register of Deeds for Jackson County, North Carolina, in Plat Cabinet 17 at Slide 354 to which reference is made for a more complete description. TOGETHER WITH all rights of way for roadways and easements shown thereon.
This being all the property described in Deed from Michael N. Clark, unmarried, to Legasus of North Carolina, LLC, a North Carolina limited liability company, said deed being recorded in Book 1556, Page 257, Jackson County Registry.
TRACT II:
Parcel One:
BEGINNING on an existing iron rod, top of ridge, in line of Mark Clark, now or former (DR 854/743), thence with line of Clark, and top of ridge, North 34-53-51 East 238.00 feet to a 24 inch White Oak marked; thence North 43-02-09 East 210.23 feet to an existing iron rod; thence North 30-28-16 East 86.71 feet to an existing iron rod; thence North 53-18-09 East 163.61 feet to an existing iron rod; thence North 58-25-59 East 130.82 feet to an existing iron rod; thence North 46-03-58 East 234.62 feet to an existing iron rod; thence North 84-22-12 East 222.55 feet to an existing iron rod; thence North 41-31-18 East 245.79 feet to an existing iron rod; thence North 33-32-14 East 174.63 feet to an existing iron rod; thence North 40-50-38 East 276.29 feet to an existing iron rod; thence North 13-15-25 East 102.42 feet to an existing iron rod; thence North 08-40-45 East 233.80 feet to an existing iron rod, thence leaving ridge, a severance line, South 81-58-20 East 553.94 feet to an iron rod set, passing an iron set at 515.12 feet; thence North 85-21-03 East 605.62 feet, passing an iron rod set at 41.87 feet to an existing iron rod west of soil road; thence with line of Gregory Clark, now or former (DR 855/192) the following courses and distances: South 41-13-57 West 121.38 feet to an existing iron rod; thence South 18-34-53 West 163.31 feet to an existing iron rod; thence South 11-55-39 West 210.65 feet to a 32 inch Walnut, said 32 inch Walnut being located North 46-12-17 East 170.06 feet from a reservoir located on the lands herein conveyed; thence South 28-06-48 West 238.65 feet to an 18 inch Beech; thence South 09-11-05 West 131.47 feet to a 16 inch White Oak; thence South 26-55-37 West 583.91 feet to an existing iron rod at dean Locust; thence South 21-00-00 West 276.03 feet to a 24 inch Beech; thence leaving Gregory Clark and with line of Mark Clark, South 89-40-11 West 90 feet crossing branch to an iron rod set; thence South 89-40-11 West 1827.09 feet to the POINT OF BEGINNING, containing 52 acres by coordinate computations per surveys by Kevin D. Goldsmith, PLS dated March 12, 2002, drawing #02-817 and drawing #02-816 entitled "Beth Elise Curry".
Parcel Two:
BEING TRACT B, containing 101.90 acres, as shown on that certain survey by James R. Davenport, P.L.S., dated June 5, 2002, entitled "Webster Creek, LLC" drawing #J-7430-A, and recorded in Plat Cabinet 11, Slide 586, Jackson County Public Registry, to which specific reference is hereby made for a more complete description.
This conveyance is made and given TOGETHER WITH a joint 45’ foot right of way along Existing Soil Road "A" the centerline of which is a boundary of Gregory B. Clark and wife, Mellisa K. Clark, now or former, and Webster Creek, LLC, now or former, as shown on the above referenced plat. Provided that the Gregory B. Clark reservation of right of way extends only from the eastern line of Mark Clark (Line 1 of centerline of said right of way as shown on said survey) to the new southeastern corner of the property retained by the Gregory B. Clark and wife, Mellisa K. Clark, now or former, (Line 86 of centerline of said right of way as shown on said survey) as recorded in Book 1156, Page 690 of the Jackson County Public Registry.
Parcel Three:
BEING the same lands and premises described as Tract "A" containing 691.36 acres, on the survey for Webster Creek, LLC, by James R. Davenport, PLS (L-1462), Drawing No. J-743-A, dated June 5, 2002, as recorded in Plat Cabinet 11 at Slide 586, Jackson County Registry, reference to which should be had for a more full and complete description.
This conveyance is made and given TOGETHER WITH all of the right, title, and interest of F. Lambert Hooper and wife, Joy C. Hooper, and Anna Maude Bennes to the premises and in and to the road rights of way granted to the F. Lambert Hooper and wife, Joy C. Hooper, and Anna Maude Bennes by said deed recorded in Book 738 at Page 216, Jackson County Registry, and as further described and set forth in deed from Obed Ithel Clark and wife, Margaret E. Clark, to Commonwealth Land Title Company of North Carolina dated November 3, 1989, recorded in Book 738 at Page 209 of the Jackson County Public Registry.
Parcel Four:
BEING 18.30 acres more or less and being that property described in a survey for Webster Creek, LLC, for Michael N. L. Clark by Davenport & Associates, Inc., recorded in Plat Cabinet 13, Slide 16, Jackson County Registry, North Carolina, specific reference to which is herein made for a full and complete description.
This conveyance is made and given TOGETHER WITH a 45' right of way for ingress and egress to and from State Road 1171 ("Roy Tritt Road") over the property of the Michael N. Clark from said road to the property above conveyed with the centerline of said right of way being located as follows: the beginning point of the centerline of the right of way is located North 74-49-40 East 7130 feet from the westernmost corner of the property above described. Said centerline runs thence from the beginning established North 08-58-18 East 108.65 feet to a point; thence North 03-43-12 West 43.66 feet to a point; thence North 29-53-31 West 64.50 feet to the centerline of State Road 1171 ("Roy Tritt Road"). Said 45' right of way is shown as a "Proposed New 45' R/W, 22.5 feet C/L" on the Survey for Webster Creek, LLC, from Michael N. Clark by Davenport & Associates, Inc. recorded in Plat Cabinet 13, Slide 16, and as recorded in Book 1426, Page 711 of the Jackson County Public Registry.
This being a portion of the lands described in and conveyed by Deed from Legasus of North Carolina, LLC, a North Carolina limited liability company, to Tuckasegee River Valley Investment Company, Inc., a North Carolina corporation, dated October 26, 2006 as recorded in Book 1627, Page 65 of the Jackson County Public Registry, and re-recorded on February 14, 2007, as recorded in Book 1653, Page 174 of the Jackson County Public Registry
Parcel Five:
BEING AND COMPREHENDING those certain lands and premises described as Tract "C", being 184.90 acres, on the survey for Webster Creek, LLC, by James R. Davenport, PLS (L-1462), Drawing No. J-743-A, dated June 5, 2002, as recorded in Plat Cabinet 11 at Slide 586, Jackson County Public Registry, reference to which should be had for a more full and complete description.
TOGETHER WITH those certain joint road right of way easement which provides access from the real property herein conveyed to NCSR 1171 (Moody Bridge Road), dated September 18, 1989, by and between Obed L. Clark and wife, Opal Lee Clark, and Fred Lambert and wife, Joy C. Lambert, recorded in Book 734 at Page 342, Jackson County Public Registry, reference to which should be had for a more full and complete description, and dated September 20, 1989, by and between Obed I Clark, Jr., and wife, Margaret P. Clark, and F. Lambert Hooper and wife, Joy C. Hooper, recorded in Book 734 at Page 334, Jackson County Public Registry, reference to which should be had for a more full and complete description.
This being all the property described in Deed from F. Lambert Hooper and wife, Joy C. Hooper to Webster Creek, LLC, a North Carolina limited liability company, said deed being recorded in Book 1156 at Page 697, Jackson County Registry.
Parcels One, Two, Three, Four, and Five being all of the lands described in and conveyed by Deed from Legasus of North Carolina, LLC, a North Carolina limited liability company, to Tuckasegee River Valley Investment Company, Inc., a North Carolina corporation, dated October 26, 2006 and recorded in Book 1627, Page 65 of the Jackson County Public Registry, and re-recorded on February 14, 2007, in Book 1653, Page 174 of the Jackson County Public Registry, with Corrective Deed dated August 26, 2008, and recorded in Book 1762, Page 583 of the Jackson County Public Registry.
TRACT III: (Lots 185 and 191, The Boulders)
BEING AND COMPREHENDING Lot 185, containing 1.28 acres and Lot 191 containing 1.72 acres as shown on plat entitled Subdivision Survey for Riverrock-Tuckasegee “The Boulders” for Legasus of NC, LLC, prepared by WNC Land Surveyors dated 12/14/2006, Job # 060206, and as recorded in Plat Cabinet 15, Slide 708, Jackson County Public Registry. TOGETHER WITH all rights of way for roadways and easements shown thereon.
This being a portion of the lands described in and conveyed by Deed from T&T Properties, Inc., a South Carolina corporation and Legasus LTD, a North Carolina corporation, to Legasus of North Carolina, LLC, a North Carolina Limited Liability Company, dated February 8, 2006 as recorded in Book 1568 Page 860 of the Jackson County Public Registry.
TOGETHER WITH non-exclusive rights 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 North Carolina Highway 107 and North Carolina State Road 1157, as described in instruments recorded in Book 639, Pages 133 and 135, Jackson County Public Registry.
TOGETHER WITH a perpetual and appurtenant right of ingress and egress over all roads existing or hereafter constructed within rights-of-way in RiverRock for access to North Carolina Highway 107, which are shown in part, on the above referenced plat, as well as Plat Cabinet 15, Slides 541-550 and 597-598 and Plat Cabinet 16 Slide 987 of the Jackson County Public Registry.
TOGETHER WITH those rights-of-ways described in that certain Joint Roadway Easement and Maintenance Agreement recorded in Book 996, Page 77, and that certain Agreement recorded in Book 790, Page 664, both of the Jackson County Registry, to which reference is specifically made.
RECORD OWNER(S) of the above described real property as reflected on the records of the Jackson County Public Registry not more than ten (10) days prior to the posting of this notice are Legasus of North Carolina, LLC as to Tracts I and III, and Tuckasegee River Valley Investment Company as to Tract II.
All other property described in the Deed of Trust, if any, is excluded from this sale.
The terms of the sale are that the property will be sold for cash to the highest bidder and a cash deposit not to exceed the greater of ten percent (10%) of the amount of the bid, or One Thousand Dollars ($1,000.00), may be required at the time of the sale. 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 N.C.G.S. §45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid.
The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “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 property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions are expressly disclaimed. The property will be sold subject to restrictions, easements and other matters of record, any unpaid taxes, prior mortgages, deeds of trust and liens, special assessments, any transfer tax associated with the foreclosure, and any tax required to be paid by N.C.G.S. § 7A-308(a)(1). 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 one hundred twenty (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 sale will be held open for ten (10) days for upset bids as required by law.
An Order for possession of the property being sold 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 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 notice of sale, terminate the rental agreement upon ten 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 ____ day of January, 2010.
Rebecca Johnston Reinhardt, Substitute Trustee
Roberts & Stevens, P.A.
1 West Pack Square, Suite 1100
BB&T Building
P.O. Box 7647
Asheville, NC 28802
(828) 252-6600
46,47e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
09 SP 380
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
In the matter of the Foreclosure of the Deed of Trust of Big View Custom Homes, LLC, as a North Carolina, and Bruce Becker and wife, Deena Becker, limited liability company
GRANTOR
TO
Dwayne H. Wiseman, TRUSTEE
As recorded in Book 1544, Page 461 of the Jackson County Registry
See Appointment of Substitute Trustee as recorded Book 1825, Page 658 Jackson County Registry
NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF REAL ESTATE
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Big View Custom Homes, LLC, as a North Carolina limited liability company and Bruce Becker and wife, Deena Becker recorded in Book 1544, at Page 461, Jackson County Registry 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 of Jackson County, North Carolina, entered in this foreclosure proceeding, the undersigned, Juliana Ferguson, Substitute Trustee, will expose for sale at public auction on the 16th day of February, 2010, at 12:00 o’clock P.M., at the door of the Jackson County Courthouse, Sylva, North Carolina, the following described real property (including the house and any other improvements thereon):
BEING all of that real property described in that Deed of Trust recorded in Book 1544, Page 461, Jackson County Registry reference to which is hereby made for a more particular description.
Being Commonly Known as 17 Woodcrest Trail, Sapphire, NC 28774.
The real property hereinabove described will be sold “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 will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner(s) of the abovedescribed real property as reflected on the records of the Jackson County Registry not more than ten (10) days prior to the posting of this Notice is: Bruce Becker and Deena Becker.
Third party purchasers must pay the excise tax, pursuant to N.C.G.S. Sec. 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof of the final sale price, and the Clerk of Courts fee pursuant to N.C.G.S. Sec. 7A-308, in the amount of Forty-five Cents ($0.45) per each One Hundred Dollars ($100.00) or fractional part thereof of the final sale price or Five Hundred Dollars ($500.00), whichever is less. Pursuant to N.C.G.S. Sec. 4521.10(b), 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 of the greater of five (5) percent of the amount bid, or Seven Hundred Fifty and No/100 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 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 N.C.G.S. Sec. 4521.30(d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
NOTICE TO OCCUPANTS:
An order for possession of the property may be issued pursuant to N.C.G.S. Sec. 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.
Dated the 26th day of January, 2010.
Juliana Ferguson, Substitute Trustee
70 Stamey Road
Candler, NC 28715
(828) 273-8882 Telephone
46,47e
09 SP 216
AMENDED 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 Daniel M. Giordano II, joined by his wife, Marides Giordano, who signs as an owner of the property to William R Echols, Trustee(s), which was dated March 18, 2008 and recorded on March 18, 2008 in Book 1734 at Page 133, 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, 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 February 15, 2010 at 2:30PM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit: This exhibit is the property description to a deed of trust from Giordano for the benefit of Wells Fargo Bank. The property conveyed is LOT 8, MOUNTAIN CREEK VISTAS, in the Cullowhee Township, Jackson County, North Carolina, as shown on a map of a survey by Clark Lipkin, PLS, dated 2/3/06, last revised 8/1/06, entitled Mountain Creek Vistas, LLC, drawing number 599 1-10, and contains 0.63 acre, more or less. The Lipkin map is recorded in the Jackson County Registry in Plat Cabinet 15, Slide 831 and is incorporated by reference into this description. The property is a portion of the property conveyed in a deed from Frank A. Young to Mountain Creek Vistas, LLC, dated December 14, 2005 and recorded in the Jackson County Registry in Deed Book 1557 at page 123. This deed is granted subject to and benefited by the Declaration of Covenants, Conditions and Restrictions for Mountain Creek Vistas, dated October 27, 2006 and recorded in the Jackson County Registry in Book 1634, page 221 (the Declaration), as amended in Book 1650, page 854, and any further amendments to the Declaration. The Declaration expressly grants easements for ingress, egress and utilities from the lot conveyed to the public road, and expressly requires membership in Mountain Creek Vistas Property Owners Association Also conveyed is the right to take water for residential use for one residential dweling from the well and water system located proximate to and west of the southwestern boundary of Lot 10, Mountain Creek Vistas. Maintenance and other obligations for use of the well and water system shall be as set forth in Section 8 of the Declaration. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 276 Paseos Drive, Cullowhee, NC 28723. Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1). A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Daniel M. Giordano II and Marides Giordano, husband and wife. An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Substitute Trustee Brock & Scott, PLLC Jeremy B. Wilkins, NCSB No. 32346 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No. 09-14070-FC01, 658911
2/4, 02/11/2010
46,47e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 08-SP-244
NOTICE OF SALE
CHRISTINE ELDER v. HAL ARTHUR PHILLIPS
Take Notice that pursuant to the terms of that Order of Sale dated January 19, 2010, by the Honorable Ann Melton, Clerk of Superior Court, Attorney John J. Pavey, Jr., acting as commissioner, shall sell to the highest bidder at public auction on February 15, 2010, at 3:00 P.M., at the West Entrance of the Jackson County Justice Center, 401 Grindstaff Cove Road the following:
All that certain lot or parcel of land situated in Hamburg Township, Jackson County, North Carolina, particularly described: Being all that parcel and premises described as Lot I, section I Creekwood Subdivision, containing 0.51 acres, as shown a plat thereof recorded in Plat Cabinet 3 slide 520, Jackson County Registry, to which reference is specifically made.
TOGETHER WITH the non-exclusive right to take water, for single-family residential purposes, from an existing well located on Lot 2, as shown on the above-referenced plat, through existing water pipes running from said well to subject property.
TOGETHER WITH the non-exclusive right-of-way to use the existing private road known as Creekwood Lane, as shown of the above-referenced plat.
SUBJECT TO that certain Declaration recorded in Book 584, page 20, Jackson County Registry, to which reference is specifically made.
SUBJECT TO right-of-way of State Road 1157 (Pine Creek Road) as shown on the above-referenced plat.
The highest bidder shall be required to deposit 5% of the sales price with the Clerk subject to upset bid as provided in N.C. Gen. Stat. $1-339.25.
The property will be sold "as is", and no warranty, express or implied is made about the suitability or habitability and any person desiring to purchase the same should cause to have an independent title examination made of the same.
This the 21st Day of January, 2010.
John J. Pavey, Jr., Esq.
Commissioner
33 Dillsboro Road
Sylva, NC 28779
45,46e
09 SP 466
NOTICE OF FORECLOSURE SALE
Pursuant to the terms of a deed of trust executed by Legasus of North Carolina LLC to Kimberly R. Coward, Trustee for The Peoples Bank, recorded in Deed of Trust Book 1580, page 294, and an order of the Clerk of Superior Court of Jackson County, North Carolina dated January 22, 2010, the undersigned J. Caleb Rogers, Substitute Trustee will offer for sale at public auction to the highest bidder for cash on the 8th day of February, 2010 at 10:00 a.m., at the eastern courthouse door in Sylva, Jackson County, North Carolina, a portion of the property described in Deed of Trust Book 1580, page 294, which description is incorporated by this reference. The property is generally described as 5.857 acres located at 1006 Trout Creek Road, Hamburg Township, Tuckasegee, NC, incorporating the Singing Waters Campground, and BEING Tract 1 shown on the referenced deed of trust and further described as:
BEING all of that certain parcel containing 5.857 acres as shown on the plat thereof recorded in Plat Cabinet 1, Slide 9, Jackson County Registry, to which reference is specifically made.
ALSO BEING that property described in the deed to Legasus of North Carolina, LLC recorded in Book 1580, page 292, Jackson County Registry.
TOGETHER WITH all appurtenances and SUBJECT TO all restrictions, reservations and exceptions shown on the above-referenced plat and as set forth in the above-referenced deed and the instruments referenced therein.
The property will be sold subject to unpaid county and city ad valorem taxes, including those for the present year, assessments and prior encumbrances, if any. The property will be sold subject to or together with the following subordinate rights or interests, if any known to Substitute Trustee: Right of way for State Road 1131 (Trout Creek Road) to its full legal width; water rights described in Deed Book 1580, page 292; riparian rights.
The record owner of the property as reflected on the records of the Register of Deeds' office not more than ten (10) days prior to posting of this notice is Legasus of North Carolina LLC.
The highest bidder at the sale will be required to make a cash deposit (or certified funds payable to the Substitute Trustee) in the minimum amount of ten percent (10%) of the first $1,000 and five percent (5%) of the balance of the bid when knocked down to him, and the balance upon confirmation of the sale. The buyer will be required to pay, in addition to the purchase price, the Clerk’s audit fee of .45/$100 of the purchase price, the recording fee for the deed of transfer and, if not the secured party, the revenue stamps required by law.
The sale will be reported to the court and will remain open for advance or upset bids for a period of ten (10) days. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.
If this is residential real property with less than 15 rental units, then: (1) 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, and (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 this 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 22nd day of January, 2010.
J. Caleb Rogers
Substitute Trustee
Rogers and Rogers, PC
525 N. Main Street
Waynesville NC 28786
(828) 452-1911
rogersandrogers@gmail.com
45,46e
NOTICE OF FORECLOSURE SALE
NORTH CAROLINA, JACKSON COUNTY 09 SP 423 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Philip Douglas and Margaret M Douglas to PRLAP, Inc., Trustee(s), dated May 24, 2006, and recorded in Book 1590, Page 665, 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, 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 Trustees will offer for sale at the Courthouse Door in Jackson County, North Carolina, at 10:30AM on February 05, 2010, and will sell to the highest bidder for cash the following described property, to wit: Being all of Lot 37, The Upper Glade at RiverRock as the same is shown on a plat entitled "Upper Glade at River Rock" recorded in Plat Cabinet 14, Slide 566 of the Jackson County Registry, reference to which is hereby made for a more particular description. Together with non-exclusive rights-of-way over the existing access roads shown on the above referenced plat, together with continuations thereof, for purposes of ingress and egress between North Carolina Highway 107 and subject property. Together with a perpetual and appurtenant right of ingress and egress over all roads existing or hereafter constructed within rights of way in RiverRock for access to North Carolina State Road 1157, which are shown in part, on the above referenced plat, as well as Plat Cabinet 14, Slides 576, 620-623, 894 and 895. Together with and subject to the terms and conditions set forth in the agreement recorded in Book 790, Page 664, Jackson County Public Registry, to which reference is hereby made. Said property is commonly known as Lot #37 Upper Glade at RiverRock, Cashiers, NC 28717. Third party purchasers must pay the excise tax, pursuant to N.C.G.S. 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof, and the Clerk of Courts fee, pursuant to N.C.G.S. 7A-308, in the amount of Forty-five Cents (45) per each One Hundred Dollars ($100.00) or fractional part thereof or Five Hundred Dollars ($500.00), whichever is greater. A deposit of five percent (5%) of the bid, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be 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, special assessments, land transfer taxes, if any, and encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Philip Douglas. PLEASE TAKE NOTICE: 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, that tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Nationwide Trustee Services, Inc. Substitute Trustee 1587 Northeast Expressway Atlanta, GA 30329 (770) 234-9181 Our File No.: 158.0935795NC Publication Dates: 01/21/2010 & 01/28/2010
45,46e
NOTICE OF FORECLOSURE SALE
805.0002201
09-SP-455
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 Paul E. Tittel and wife, Jane Justice Tittel, individually and as Trustees of the Paul E. Tittel Trust dated April 20, 2007, and as Trustees of the Jane Justice Tittel Trust dated April 20, 2007, and, dated September 5, 2007 and recorded in the Office of the Register of Deeds of Jackson County, North Carolina, recorded on September 6, 2007, in Book 1697 at Page 807; and because of default in the payment of the indeb tedness 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 indebted ness secured by said Deed of Trust, the under signed Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Jackson County Courthouse, in Sylva, North Carolina at 10:00 AM on Tuesday, February 9, 2010, that parcel of land, including improvements thereon, situated, lying and being in the City of Highlands, County of Jackson, State of North Caro lina, and being more particularly described as follows:
Located in Jackson County, North Carolina and being all of Unit 500C, The Views at Highlands Cove, a Condominium, as shown on a plat recorded in Plat Cabinet 14, Slide 923, aforesaid County Registry.
Address of property: 182C Napa Ridge Lane, Highlands, NC 28741
Present Record Owners: Paul E. Tittel and Jane Justice Tittel
The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee's Deed, and any Land Transfer Tax.
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. If the validity of the sale is challenged by any party, the Trustee, in his sole discretion, if he believes 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.
Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009.
Dated: January 19, 2010
David A. Simpson, P.C.
Substitute Trustee
By:
Attorney at Law
Rogers Townsend & Thomas, PC
Attorneys for the Substitute Trustee
704-442-9500
45,46e
NOTICE OF FORECLOSURE SALE
7.0000037
09-SP-384
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 T&T Properties, Inc., dated August 19, 2004 and recorded on August 23, 2004 in Book 1444 at Page 782 in the Office of the Register of Deeds of Jackson County, North Carolina; and because of default in the payment of the indeb tedness 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 indebted ness secured by said Deed of Trust, the under signed 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, on Monday, February 8, 2010 at 11:00 AM 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 AND COMPREHENDING Lot 16, containing 2.387 acres, Lot 18, containing 1.715 acres, and Lot 19, containing 2.209 acres, WATER DANCE, as showon on plat prepared by Herron Associates, PA on 11/26/03, Revised 3/25/04, Drawing #2117-527-A, Job #02050201, and as recorded in Plat Cabinet 12, Slide 892, Jackson County Public Registry.
BEING a porton of the lands recorded in Book 1154, pages 84 and 186, Jackson County Public Registry.
TOGETHER WITH a perpetual and assignable right of ingress and egress over all roads existing or herefafter constructed within rights-of-way in Water Dance for access to NC Highway 107, which are shown, in part, on the above reference plat, as well as Plat Cabinet 11, Slide 539, and Plat Cabinet 12, Slide 892, and which may be hereafter delineated on future plats of record.
SUBJECT TO the Covenants, Conditions and Restrictions for WATER DANCE as recorded in Book 1212, at page 203, and the Amendments thereto recorded in Book 1415, page 753; and Book 1438, page 822, Jackson County Public Registry.
Address of property: Lot 16, 18 and 19 of Water Dance, Tuckasegee, NC 28783
Present Record Owners: Legasus of North Carolina, LL
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 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.
This the 7th day of December,2009.
Kellam & Pettit, P.A.
Substitute Trustee
2701 Coltsgate Road
Suite 300
Charlotte, NC 28211-3594
Telephone: (704) 442-9500
45,46e
NOTICE OF FORECLOSURE SALE
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
File No: 09 SP 452
NOTICE OF SALE
TAKE NOTICE THAT: William Richard Boyd, Jr., Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as follows:
1.The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Cashiers High Meadows, LLC, original mortgagor, and recorded in the Office of the Jackson County Register of Deeds in Deed of Trust Book 1185, at Page 727. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A
2.The property will be sold by the Substitute Trustee at 10:00 a.m. on the 5th day of February, 2010 at the Jackson County Justice and Administration Center door in the City of Sylva, North Carolina.
3.The real property to be sold is generally described as 142 acres +/- High Meadows, Cashiers, NC and described as follows:
BEING the same lands, easements, privileges and appurtenances described in and conveyed by the deed dated July 31, 2001, from C. David Brown, II and wife, Wanda L. Brown, to Cashiers High Meadows, LLC recorded in Book 1126 at Page 286, Jackson County Public Registry, and by the deed dated July 31, 2001 from Terrapin Head, LLC to Cashiers High Meadows, LLC recorded in Book 1126 at Page 289, Jackson County Public Registry, to which said deeds as so recorded reference is hereby made for a full and complete description.
LESS AND EXCEPT any property previously released pursuant to any Release Deeds recorded in the Jackson County Public Registry, including, but without limitation to, Release Deeds recorded in Book 1162 at Page 79, in Book 1202 at Page 613, in Book 1208 at Page 529, in Book 1218 at Page 270, in Book 1445 at Page 243,in Book 1446 at Page 89, in Book 1454 at Page 156, in Book 1456 in Page 768, in Book 1467 at Page 258, in Book 1470 at Page 759, in Book 1477 at Page 143, in Book 1504 at Page 71, in Book 1530 at Page 351, in Book 1534 at Page 245, in Book 1567 at Page 736, in Book 1567 at Page 741, in Book 1568 at Page 1, in Book 1580 at Page 104, in Book 1605, at Page 504, in Book 1638 at Page 131, in Book 1669 at Page 835, and in Book 1660 at Page 273.
Any property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Jackson County, North Carolina Registry.
4.Any buildings located on the above-described property are also included in the sale.
5.The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substitute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00).
6.All bidders bid for the property AS IS on the date of sale. Absolutely no warranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee.
7.The property will be sold subject to all unpaid taxes and special assessments.
8.The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust.
9.Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009.
THIS the 6th day of January, 2010.
William Richard Boyd, Jr.
Substitute Trustee
474 Mountain Cove Road
Waynesville, North Carolina 28786
45,46e
IN THE GENERAL COURT OF JUSTICE
BEFORE THE CLERK
2009-SP-53
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
IN RE: Foreclosure of Deed of Trust from Richard H. Skelton and Joan M. Skelton and Laurel Ledge, LLC, Grantors, to J. Edwin Henson, Trustee, recorded in Book 1585, Page 829, as modified, in the Jackson County, North Carolina Public Registry by David T. Simpson, Jr., Substitute Trustee, as recorded in Book 1784, Page 533 of the Jackson County Public Registry
AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S
SALE OF REAL ESTATE
Under and by virtue of the power and authority contained in a certain Deed of Trust executed by Richard H. Skelton and Joan M. Skelton and Laurel Ledge, LLC dated as of April 13, 2006 and recorded on May 4, 2006 in Book 1585 at Page 829 (as modified in those Modification Agreements recorded in Book 1728, Page 18 and Book 1728, Page 22) 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 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, David T. Simpson, Jr., Substitute Trustee, will expose for sale at public auction on February 9, 2010 at 11:00 a.m. at the appropriate place for foreclosure sales at the Jackson County Courthouse, 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.
EXHIBIT A
Tract 1 (Property of Richard H. Skelton):
BEING all of that certain 3.2 acres +/- tract of land and that certain 1.5 acres +/- tract of lan described as Laurel Ledge, LLC, a portion of Tax #7563-60-4160, DB 982, PG 371”, as shown on a plat entitled “Plat for Richard Skelton / Joan Skelton”, prepared by W. Edward Hall, L.S., dated Jun e 30, 2004, and record in Plat Cabinet 14, 857, Jackson Country Registry, reference to which is hereby made.
Subject tot he right of way of Norton Road - S.R. 1145.
Together with and Subject to a thirty (30’) foot non- exclusive right of way over an across the access road which leads from North Carolina State Road 1145 (Norton Road) over, across and through the subject property as shown on the plat referred to above, as reserved in Deed Book 265, Page 18, Jackson County Registry.
Together with the perpetual right and easement to obtain water from th Lusk Spring for one dwelling house, for domestic purposes, as said right was previously conveyed by Deeds recorded in Book 248, Page 131, and Book 226 at Page 134 of the Jackson county Registry, refence to which is hereby specifically made. This right is to be used jointly with Joseph D. Dondaville and Louise E. Dondaville, their heirs and assigns. Said water rights are to be perpetual and run with t the lands hereinabove conveyed.
Subject to the right of way to Nantahala Power & Light Company as recorded in Book 279, Page 541 and in Book 818, page 467 of the Jackson county Registry.
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 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.
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 ten (10) days written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenants is liable for rent due under the rental agreement prorated to the effective date of the termination.
The record owner of the above-described real property as reflected on the records of the Jackson County Register of Deeds not more than ten (10) days prior to the posting of this notice is Joan M. Skelton.
Pursuant to North Carolina General Statute Section 45-21.10(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 is bid as provided for in North Carolina General Statutes § 45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust ma make a credit bid.
This sale will be held open ten (10) days for upset bids as required by law.
THIS the 13th day of January, 2010.
David T. Simpson, Jr., Substitute Trustee
Gerdes, Mason & Simpson, LLP
216 North McDowell Street, Suite 110
Post Office Box 30068
Charlotte, North Carolina 28230
Telephone: (704) 372-3180
Facsimile: (704) 343-2942
45,46
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