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NOTICE OF MEETING
CHANGE IN VENUE
The Jackson County Board of Commissioners will hold the second regular monthly meeting on May 21, 2012 at 6:00 p.m., Balsam-Willets-Ochre Hill Fire Dept. at 36 Mount Pleasant Church Road, Sylva, North Carolina.
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NOTICE
The contents of the below listed units located at Sunrise Storage and Mobile Home Park, Little Savannah Road, Cullowhee, NC 28723, will be sold at Public Auction at the facility Saturday, May 19, 2012 at 10 a.m.
The units are as follows: 3A and 4A, Kristie Mathis.
Sunrise has the right to refuse any bid. Cash at sale. Removed that day. For information call 369-7778.
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Notice of 10 year Solid Waste Management plan 3 year update
The Jackson County Public Works Department has a draft copy of the ten year solid waste management plan three year update available for viewing beginning May 18, 2012. A draft copy of the proposed plan is available at the Maintenance building located at 1148 Haywood Road, Sylva, NC 28779. Office hours are 7 AM until 4 PM Monday through Friday. Citizens are invited to make written or oral comments.
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NOTICE TO CREDITORS
All persons, firms and corporations having claims against John C. Estes, Deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Co-Executrixes on or before August 17, 2012, 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 17th day of May, 2012.
Brenda S. Moore, Co-Executrix
Julia Elaine Estes, Co-Executrix
Thomas R. Crawford, Esq.
Crawford Law Firm
P.O. Box 300
Sylva, NC 28779-0300
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NOTICE OF PUBLIC HEARING
The Jackson County Board of Commissioners will be available for public comment on consideration of the proposed Fiscal Year 2012-13 Budget on June 4, 2012 at 1:30 p.m., Justice and Administration Building, 401 Grindstaff Cove Road, Room A201, Sylva, North Carolina. A copy will be available for review after the May 21st meeting at the County Manager’s Office, Finance Office, Jackson County Library and Cashiers Library.
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CREDITOR'S NOTICE
Having qualified as Executrix of the Estate of Malcolm O. MacNeill, deceased, late of Jackson County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned Executrix, c/o Robert H. Haggard, Attorney, 422 South Main Street, Hendersonville, NC 28792 on or before the 17th day of August, 2012, or this Notice will be pled in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
Joan G. MacNeill
Executrix of the
Estate of Malcolm G. MacNeill, Deceased.
Robert H. Haggard, Attorney
The Van Winkle Law Firm
422 South Main Street
Hendersonville, NC 28792
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PUBLIC NOTICE
The proposed budget of Smoky Mountain Center for Mental Health, Developmental Disabilities, and Substance Abuse Services for the fiscal year beginning July 1, 2012, will be presented to the governing Board on Thursday, May 24, 2012, at the regularly scheduled Board meeting. Public hearing and comments will also be taken at this time. The budget will be available for further public inspection at three Smoky Mountain Center locations beginning May 28th, 2012. The locations are as follows: 1) Administrative Office at 44 Bonnie Lane, Sylva, NC, 2) Central Region Office at 825 Wilkesboro Blvd., Lenoir, NC and 3)Northern Region Office at Oak Summit Office Park, Building 500, Boone, NC. In addition to these sites, the budget may also be viewed online at www.smokymountaincenter.com. The governing Board will adopt the budget at the regularly scheduled Board meeting on June 28, 2012, at the Biltmore Doubletree Hotel in Asheville, NC.
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NOTICE OF PUBLIC HEARING
ON PROPOSED AMENDMENT TO AN ORDINANCE TO ESTABLISH
A PLANNING BOARD FOR THE TOWN OF WEBSTER TO REDUCE THE NUMBER OF PLANNING BOARD MEMBERS FROM
NINE (9) TO FIVE (5)
The public will take notice that the Board of Commissioners of the Town of Webster will conduct a public hearing at the Webster Town Hall located at 1411 Webster Road, Webster, NC 28788 at 5:30 P.M. on Thursday, June 7, 2012 concerning a proposed ordinance amending An Ordinance to Establish a Planning Board for the Town of Webster, North Carolina, recorded in Book 1520, Page 553, Jackson County Register of Deeds Office (hereinafter “existing ordinance establishing P.B.”), to change from nine (9) at-large members to five (5) at-large members of the Town of Webster Planning Board as allowed under N.G.G.S. §160A-361. The initial appointments to the Planning Board subsequent to any adoption of the proposed ordinance shall be as follows: three (3) members shall be appointed for a term of three (3) years, and two (2) members shall be appointed for a term of two (2) years. All five (5) members of the Planning Board shall have equal rights, privileges and duties. There shall be a quorum of three (3) Board members for the purpose of taking any official action required by the Ordinance. Except as herein stated, all other provisions of the existing ordinance establishing P.B. shall remain in effect, if this proposed amendment is adopted. This proposed amended will become effective on the date of any adoption of said ordinance amending the existing ordinance establishing P.B. Following the public hearing, the Town of Webster Board of Commissioners will consider passage of the amendment to ordinance at its regular meeting to be held on Thursday, July 5, 2012.
Town of Webster Clerk
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Citizens are invited to make written or oral comments.
PUBLIC NOTICE
The Individuals with Disabilities Education Act (IDEA-Part B, Public Law 108.446) Project is presently being amended. The Project describes the special education programs that Jackson County proposes for Federal funding for the 2012-2013 School Year. Interested persons are encouraged to review amendments to the Project and make comments concerning the implementation of special education under this Federal Program. All comments will be considered prior to submission of the amended Project to the North Carolina Department of Public Instruction in Raleigh, North Carolina. The IDEA-Part B Project is open to the public for review and comments between May 7 and May 21 in the office of Dr. Elizabeth Younce located at Jackson County Board of Education, 398 Hospital Road, Sylva, North Carolina.
9.10e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE 12 E 96
NORTH CAROLINA
JACKSON COUNTY
IN THE MATTER OF THE ESTATE OF
Mary F. Parker,
Deceased
NOTICE TO CREDITORS AND DEBTORS
Having qualified as Personal Representative of the Estate of Mary F. Parker, deceased, late of Jackson County, North Carolina, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before, August 17th, 2012, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 17th day of May, 2012.
Thomas Simpson and
Mark Simpson,
Co-Personal Representatives
c/o Strauss & Associates, P.A.
77 Central Avenue, Suite F
Asheville, NC 28801
(828) 258-0994
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NOTICE OF ADMINISTRATION
Having qualified as Executor of the estate of Hilda F. Davis Wilkes, 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 702, Sylva, NC 28779, on or before the 10th day of August, 2012, 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 3rd day of May, 2012.
Michreal Anthony Wilkes, Executor
Estate of Hilda F. Davis Wilkes
8-11*
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of Louis Henry Hutto, Jr.; Louis Henry Hutto, Jr., late of Georgetown County, South Carolina, this is to notify all persons, firms and corporations having claims against the Estate to exhibit them to the undersigned at the office of Ingersoll & Hicks, PLLC, Post Office Box 25167, Winston-Salem, North Carolina 27114 on or before August 15, 2012, or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 30th day of April, 2012.
Louis H. Hutto, III,
Scott W. Hutto
and Mary Elizabeth H. Barnhill, Personal Representatives
Daniel K. Hicks, Attorney:
Ingersoll & Hicks, PLLC
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IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO.: 12-E-112
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
EXECUTOR’S - ADMINISTRATOR’S NOTICE
Having qualified as Executor of the Estate of Ann Darling Thayer a/k/a Ann S. Thayer of Jackson County, North Carolina, this is to notify all persons having claim against the Estate of Ann Darling Thayer a/k/a/ Ann S. Thayer to present to the undersigned on or before Thursday, August 2nd, 2012 or the claim will be forever barred thereafter.
All persons indebted to said estate please make immediate payment.
Dated: Wednesday, May 2, 2012.
Thomas A. Thayer
119 Woden Way
Winter Haven, FL 33884
Attorney: Scott D. Neumann
The Neumann Law Office, PLLC
P.O. Box 2020
Highlands, NC 28741
8-11
IN THE CHANCERY COURT FOR PUTNAM COUNTY, TENNESSEE
DOCKET NO. 2012-A
YVETTE F. DEMMING,
Petitioner,
VERSUS
JESSICA MARIE DEMMING
&
JERRY PAUL JONES, Respondents.
In the matter of :
JACOBE MASON JONES
DOB 01-07-2009 (age 3)
child under the age of 18 year.
ORDER FOR PUBLICATION
IT APPEARING TO THE COURT that from the verified matters set forth in the Affidavit filed in this cause that service by publication is appropriate.
IT IS, THEREFORE, ORDERED that publication be made for four (4) consecutive weeks as required by law" incompliance with Rule 21-1-203, Rules of Practice of the Chancery Court for Putnam County, Tennessee, the following notices shall appear:
1. An abbreviated notice shall appear in The Herald-Citizen in Putnam County, Tennessee and The Sylva Herald in North Carolina with the following text:
Take Notice that Yvette F. Demming, by and through counsel has filed a Petition for Termination of Parental Rights and Petition for Adoption in the Chancery Court, Cookeville, Tennessee.
By publication, the Petitioner is notifying Jessica M. Demming, respondent to file an answer with attorney, Martelia T. Crawford, whose address is 101 South Jefferson Avenue, Cookeville Tennessee, 38501 within thirty (30) days from the last date of publication, exclusive of said last date of publication, or a judgment by default may be entered against you.
It is so ORDERED.
ENTER this the 2nd day of May, 2012.
Honorable Ronald Thurman
APPROVED FOR ENTRY:
Martelia T. Crawford
Attorney for Petitioner
101 South Jefferson Avenue
Cookeville, Tennessee 38501
931-528-8442
B. P. R. No. 10760
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IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
IN RE: ROLAND ELMER GREEN
Having qualified as Executor of the Estate of ROLAND ELMER GREEN, Deceased, late of Jackson County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate of said deceased to present them, duly verified, to the undersigned: Joyce N. Watson C/O John J. Pavey, Jr., Attorney at Law, Pavey Law Firm, P.A., 33 Dillsboro Road, Sylva, North Carolina, 28779, on or before July 31, 2012, 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 3rd day of May, 2012.
Joyce N. Watson
C/O John J. Pavey
Attorney at Law
Pavey Law Firm, P.A.
33 Dillsboro Road
Sylva, North Carolina, 28779
828-586-8987
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NOTICE OF SERVICE OF PROCESS
BY PUBLICATION
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 12 CVS 276
STATE OF NORTH CAROLINA
JACKSON COUNTY
TO: Any person or entity claiming any interest in the lands hereinafter described.
TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is as follows:
To collect taxes due and owing the County of Jackson on lands listed for taxation in the name of Maggie Wilson, the same being a 2.00 acre, more or less, tract of land in Savannah Township, Jackson County, and more particularly described as follows:
BEING and comprehending the remainder of the lands as described in Deed from J.A. Franks to Amy Higdon dated May 12, 1930, and recorded at Book 110, Page 149 of the Jackson County Registry, to which reference is made for a more detailed description.
LESS AND EXCEPT those lands conveyed by Maggie Wilson to Myra W. Wilson by Deed dated February 21, 1964, and recorded at Book 278, Page 425 of the Jackson County Registry, to which reference is made for a more detailed description.
LESS AND EXCEPT those lands conveyed by Maggie Higdon Wilson to Otha Tarlton and wife, Mary Y. Tarlton, by Deed dated September 9, 1970 and recorded at Book 354, Page 502 of the Jackson County Registry, to which reference is made for a more detailed description.
SUBJECT TO any and all easements and rights of way of record.
You are required to make defense to such pleading not later than forty (40) days after May 10, 2012, and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought.
THIS the 3rd day of May, 2012.
Jeffrey Goss
RIDENOUR & GOSS, P.A.
P.O. Box 965
Sylva, NC 28779
(828) 586-3131
(828) 586-3763 (Fax)
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NOTICE OF ADMINISTRATION
Having qualified as Executrix of the estate of Alice Marie Monteith, 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 247 Fourth Street, Waynesville, NC 28786, on or before the 26th day of July, 2012, 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 April, 2012.
Lisa M. Beck, Executrix
Estate of Alice Marie Monteith
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SPECIAL MEETING
The Town of Sylva Board of Commissioners will hold a Special Meeting on Thursday, May 24th at 10:00 am in the Board Room at Municipal Hall, 83 Allen Street. The purpose of the meeting is to conduct a Public Hearing regarding the Zoning Variance Application from HEGM Corporation concerning PIN#’s 7641-63-9654, 7641-73-1636 and 7641-63-6672 on Connor Road. HEGM Corporation is requesting a variance to permit a reduction in the minimum lot size of 5.34 acres to 3.245 acres in order to construct an elderly apartment complex with 44 dwelling units in a three story building. They are also requesting a variance to permit a reduction in the number of required parking spaces for the facility from 66 to 44. Upon conclusion of the public hearing, the Zoning Board of Adjustments shall determine disposition of the application. Additional resources regarding the variance application are available upon request in the Clerk’s Office.
8.9e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 11 CVS 507
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
THE COUNTY OF JACKSON,
a North Carolina body politic,
Plaintiffs,
vs.
BARTON INVESTMENTS, INC.; ANDREW PATTERSON; PAMELA PATTERSON; FIRST CLAYTON BANK & TRUST COMPANY and any other person, firm, corporation or entity claiming any interest in the lands of Barton Investments, Inc.
Defendant.
The undersigned Commissioner, pursuant to that Order entered April 16, 2012 by the Honorable Bradley B. Letts, Superior Court Judge, in the above entitled proceeding, will offer for sale to the highest bidder for cash on Wednesday, May 30th, 2012, at 11:oo am at the West Entrance of the Jackson County Justice Center in Sylva, North Carolina, those certain parcels or tracts of land in Hamburg Township, Jackson County, and more particularly described as follows:
a) Tract 1 being the same lands as described in that Deed Book 1032, page 790, Jackson County Public Registry; the same being Lot 2, Lakeside Falls, 0.55 acre tract of land with PIN #7553-97-0450, according to the Jackson County Mapping Office.
b) Tract 2 being a portion of the lands conveyed to the Defendant Barton Investments, Inc. in Deed Book 934 page 172, Jackson County Public Registry; the same being Lots 14A, 14B, 16 & septic reserve area on that certain plat prepared for Barton Investments Inc. entitled “Lakeside Falls” and recorded in Plat Cabinet 11, Slide 957, and being a 0.69 acre tract of land with PIN # 7553-97-0671, according to the Jackson County Mapping Office.
The real property at issue shall be sold for the satisfaction of taxes, interests, costs and fees incurred by the Plaintiff, together with and subject to easements of record, but free and clear of all interests, rights, claims and liens whatever, except to any taxing units not party to this action in accordance with NCGS §105-374(k).
No warranties express or implied, shall be made as to the acreage contained in the above described tract of land. In addition, no warranties of title will be made and any interested purchaser desiring to ascertain marketability of title should perform or cause to be performed an independent title examination.
This sale will be made subject to confirmation of the Court and will further be subject to the filing of upset bids as by law provided.
The highest bidder at the sale will be required to deposit the greater of $750 or five percent (5%) of the amount bid with the Commissioner in cash or certified funds immediately upon the conclusion of the sale except no deposit shall be required of a taxing unit that has made the highest bid.
This document was posted in the courthouse on the 7th day of May and shall be published in the May 17th and May 24th, 2012, editions of the Sylva Herald
This the __ day of May, 2012.
Eric Ridenour, Commissioner
RIDENOUR & GOSS PA
P.O. Box 965
Sylva, NC 28779
828-586-3131
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NOTICE OF FORECLOSURE SALE
10 SP 322
NORTH CAROLINA
JACKSON COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by THOMAS L. HEIRONIMUS AND CONSTANCE J. HEIRONIMUS to HENSON & PAUL, P.C., Trustee(s), which was dated October 22, 2004 and recorded on October 22, 2004 in Book 1458 at Page 130, Jackson County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default 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 May 18, 2012 at 10:00AM, 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 124, Deer Run Subdivision, as shown on a plat prepared by W. Edward Hall, dated January 18, 1999, recorded in Plat Cabinet 10, Slide 180, Jackson County Public Registry, to which reference is specifically made.
Subject to the Declaration of Protective Covenants for Deer Run Subdivision dated July 12, 1990, recorded in Book 760, Page 504, together with Supplements in Book 766, Page 359, Book 768, Page 291, Book 792, Page 449, and Book 814, Page 182, Jackson County Public Registry, to which reference is specifically made.
In accepting this conveyance, the grantee herein acknowledges that membership in the Deer Run Association, Inc., and the Master Association, Inc., is an appurtenance to the realty hereinabove conveyed and that the benefits and burdens of such membership cannot be severed from the fee to which it is appurtenant.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 453 Deer Run Road, Sapphire, NC 28774.
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 Thomas L. Heironimus and wife, Constance J. Heironimus.
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.
Trustee Services of Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 10-27621-FC01
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IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 12 SP 18
NORTH CAROLINA
JACKSON COUNTY
IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST EXECUTED BY WILLIAM D. SNYDER, JR. and LINDA G. SNYDER, husband and wife, Recorded in Book 1698, Page 259, Jackson County Registry
NOTICE OF FORECLOSURE SALE
DEED OF TRUST BEING FORECLOSED:
The Deed of Trust being foreclosed is that Deed of Trust executed by WILLIAM D. SNYDER, JR. and LINDA G. SNYDER, husband and wife to Jay B. Green, Trustee, dated September 7, 2007 and recorded in Book 1698, Page 259 in the Jackson County Registry of North Carolina.
RECORD OWNERS OF THE REAL PROPERTY:
The record owners of the subject real property as reflected on the records of the Jackson County Register of Deeds not more than 10 days prior to the posting of this Notice is or are William D. Snyder, Jr. and Linda Snyder.
DATE, TIME AND PLACE OF SALE:
The sale will be held on May 24, 2012 at 11:00 a.m. at the door of the Jackson County Courthouse, Sylva, North Carolina.
PROPERTY TO BE SOLD:
The following real property to be sold "sight unseen" is located in Jackson County, North Carolina and is believed to have the address of 139 Kokepelli Pl., Sylvia, NC 28779 and is otherwise more particularly described as follows:
Legals continued on Page 8C
Legals continued from Page 7C
Because the legal description is too voluminous to publish in the newspaper, reference is made to the subject legal description recorded as part of the subject Deed of Trust as described in the case caption of this proceeding.
Included as part of the real property is a 2004 Clayton manufactured home bearing serial number 14027590TNAB as more particularly described in a rider to the deed of trust recorded in Book 1698, Page 259, JCR.
TERMS OF SALE:
Pursuant to the provisions of N.C.G.S. §45-21.10(b) and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee or Clerk of Superior Court immediately upon the conclusion of the sale a cash deposit to be determined by the greater of 5% of the bid or $750.00. Unless the Substitute Trustee agrees otherwise, the successful bidder will be required to tender the "full purchase price" so bid in cash or certified check at the time the Trustee tenders to him a Deed to the property or attempts to tender such Deed, and should the successful bidder fail to pay the full amount, then the successful bidder shall remain liable as provided for in N.C.G.S. §45-21.30. By submitting your bid, you agree that the "full purchase price" shall be defined as the amount of bid plus the Trustee's commission as defined in the subject Deed of Trust plus the costs of the action, unless the Trustee agrees otherwise. For example, if the amount of bid is $20,000.00 and the trustee's commission is defined in the subject Deed of Trust as 5% of the gross proceeds of the sale, then the "full purchase price" shall equal $21,000.00 plus the costs of the action. A tender of Deed shall be defined as a letter from the Trustee to the successful bidder offering to record the Deed upon receipt of full purchase price as described herein and listed in said letter. If the trustee is unable to convey title to this property for any reason such as a bankruptcy filing, the sole remedy of the successful bidder is the return of the deposit. As to any manufactured home, the following shall apply: Any not considered real property is being foreclosed pursuant to N.C.G.S. §25-9-604, if necessary; there is no warranty that any is actually located on the subject tract; and there is no warranty given by the Substitute Trustee as to whether said home is real property or personal property. The sale will be made subject to all prior liens, unpaid taxes, assessments, restrictions and easements of record, if any.
ADDITIONAL NOTICE:
Take notice that an order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Take further notice that any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving 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.
This the 21st day of March, 2012.
JAY B. GREEN,
ATTORNEY AT LAW, PC
Jay B. Green or
Robert E. Kirkland IV
Attorneys for Deidre D. DeFlorentis, Substitute Trustee
908 E. Edenton Street
Raleigh, North Carolina 27601
Telephone: 919-829-0797
8.9e
IN THE GENERAL COURT OF JUSTICE
BEFORE THE CLERK OF SUPERIOR COURT
CASE # 12-SP-64
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
NOTICE by Kenneth W. Fromknecht, II, Substitute Trustee of FORECLOSURE UNDER DEED OF TRUST from WATAUGA MOUNTAIN PROPERTIES, LLC to HEATHER C. BAKER, Trustee and RABUN COUNTY BANK beneficiary, recorded in Book 1828, Page 788, Jackson County Registry.
NOTICE OF FORECLOSURE SALE
Under the power contained in that certain Deed of Trust executed and delivered by Watauga Mountain Properties, LLC, dated November 20, 2009, and recorded in the Office of the Register of Deeds for Jackson County, North Carolina in Book 1828, at Page 788, and as a result of default in the payment of the indebtedness secured thereby and failure to perform the stipulations and agreements therein contained, and pursuant to the demand of the owner and holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order of the Clerk of the Superior Court for Jackson County, North Carolina, entered in this foreclosure proceeding, the undersigned, Kenneth W. Fromknecht, II Substitute Trustee, will expose for sale at public auction on May 31, 2012 at 1:00 pm, at the West Door near the board for posting legal notices Jackson County Courthouse, 401 Grindstaff Cove Road, Sylva, North Carolina, the following described real property:
That portion of the following described property that is located in Jackson County:
BEING all of the lands as described in and conveyed by deed dated July 27, 2005 from Raymond L. Windt, Jr. and wife, Susan M. Windt to Watauga Mountain Properties, LLC said deed being recorded in Book 1519, Page 281 of the Jackson County Public Registry and being recorded in Book L-29, Page 1053 of the Macon County Public Registry to which reference is hereby made. LESS AND EXCEPT the lands conveyed in Book Z-30, Page 1261 (Lot #3 Plat Card 5119), TOGETHER WITH and SUBJECT TO easements, road rights of way, water rights of way and restrictions, of public record, all incorporated herein by reference as if fully set forth herein. Also Subject to the ad valorem taxes for 2009 and all subsequent years.
FURTHER BEING a 2/12th interest in LOT 2 and LOT 9 of the Subdivision of Gold City located primarily in Jackson County, North Carolina, as shown on a survey plat prepared by Thomas H. Cabe, R.L.S. dated December 30, 1993 as recorded in Plat Cabinet 6, Slide 765 of the Register of Deeds' office of Jackson County, North Carolina, and Plat Card 1564 of the Register of Deeds' office of Macon County North Carolina.
BEING the two lots designated to be used for the purpose of providing a common septic drain field area and the location of underground septic tanks for a sewage disposal system for the benefit of Lots 18 and 19 of the Subdivision of Gold City, and for the purpose of providing well sites for the benefit of Lot 18 and 19 of the Subdivision of Gold City, in common with other lots as set forth, and being the same interest, conveyed in a deed to Nason E. Kinkaid, Virginia Hallie Kinkaid and Julie Anne Maciel as Trustees of the Alvin N. Kinkaid Trust recorded in Book 854, Page 278 in the Register of Deeds of Jackson County Registry. (Also recorded in Book H-20, Page 1227 of the Macon County Registry).
This conveyance is made and given SUBJECT TO a proportionate share of maintenance of the septic and water systems of each lot owner based upon the undivided interests of ownership of Lots 2 and 9, as set forth in said deed.
This conveyance is made and given SUBJECT TO the Declaration of Residential Covenants, Restrictions, Easements, Reservations, Affirmative Obligations and Conditions governing Gold City as recorded in Book F-20, Page 2137 Macon County Public Registry This conveyance is made and given SUBJECT TO the required membership in the Gold City Property Owners Association and to pay all dues and assessments levied by the Property Owners Association of Gold City.
This conveyance is made and given TOGETHER WITH and SUBJECT TO all roads rights of way over the roads shown on the above referenced plat, for the purpose of ingress, egress and regress to State Highway 441 & 23 as shown on Plat Card 1564 and as recorded in Book L-29, Page 1053 Macon County Public Registry.
This conveyance is made and given TOGETHER WITH and SUBJECT TO an easement for right of way for roadway and utility lines and facilities, 20 feet in width as shown on Plat Card 5119 and as recorded in Book Z-30, Page 1261 Macon County Public Registry.
This conveyance is made and give TOGETHER WITH the Septic Drainfield Easement on Tract 3 as shown on Plat Card 5119 and as recorded in Book Z-30, Page 1261 Macon County Public Registry.
This conveyance is made and given a perpetual, alienable and releasable easement and right of way to install and use electrical and telephone wires, cables and conduits, as well as water lines and water mains and other suitable conduits and equipment for the transmission and discharge of electricity, telephone, cable television, water and other utilities within all roadway easements shown on the survey recorded on Plat Card 5119 within the 10 foot wide strip immediately inside the boundary of Lot 3 as recorded in Book Z-30, Page 1261 Macon County Public Registry.
Reference is hereby made to the new plat showing a further subdivision of the original lots as shown on the plat recorded on Plat Card 5119 in the office of the Register of Deeds, Macon County, North Carolina.
This sale will be subject to all prior liens, unpaid taxes, restrictions and easements of record, and assessments, if any.
The record owner of the above described real property as reflected on the records of the Jackson County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Watauga Mountain Properties, LLC.
Pursuant to North Carolina General Statutes Section 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon the conclusion of the sale a cash deposit of five percent (5%) of the successful bid. 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 a Deed for the property or attempts to tender such Deed, and should the 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).
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 Public Law 111-22; Protecting Tenants at Foreclosure Act of 2000.
This sale will be held open ten (10) days for upset bids as required by law.
Dated: April 30, 2012
Kenneth W. Fromknecht, II, Substitute Trustee
Law Offices of
Kenneth W. Fromknecht, II
29 Iotla Street
Franklin, North Carolina 28734
828-349-9911
Posted: April 30, 2012
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