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REQUEST FOR BIDS
The Town of Dillsboro, NC is bidding the following project and is requesting quotes from interested contractors.
Restoration of the Canning House Kitchen at the Montieth Farmstead.
Please contact Emma Wertenberger at 828-586-5244 for additional information.
35,36e
NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of Virginia B. Pell,deceased, of Jackson County, North Carolina, Sherry P. White does hereby notify all persons, firms, and corporations having claims against the estate of said decedent to exhibit them to the undersigned at 702 West Main St., Sylva, NC 28779 on or before February 19, 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 19th day of November, 2009.
Sherry P. White Executrix
Estate of Virginia B. Pell
c/o W. Paul Holt, Jr.
W. Paul Holt, Jr., P.A.
702 West Main Street
Sylva, NC 28779
35-38e
NOTICE TO CREDITORS
Having qualified as Ancillary Administrator of the Estate of Joe Robinson Mathis, late of 222 Artist View, Wellington, Nevada, Lyon County, Nevada, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned Richard Morgan Mathis, Ancillary Administrator, c/o R. Daniel Brady, 4141 ParkLake Avenue, Suite 130, Raleigh, NC 27612 on or before the 19th day of February, 2009, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.
This is the 19th day of November, 2009.
Richard Morgan Mathis
Ancillary Administrator
Estate of Joe Robinson Mathis, Deceased
c/o R. Daniel Brady
4141 ParkLake Avenue, Suite 130
Raleigh, NC 27612
35-38e
NOTICE TO CREDITORS
Having qualified as Public Administrator of the Estate of Robert Robinson, late of Sylva, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned at 166 Branner Avenue, Ste A, Waynesville, NC 28786, on or before the 12th of February, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.
This the 12th day of November, 2009.
Sarah P. Wenzel,
Public Administrator of the Estate of Robert Robinson
c/o Sarah P. Wenzel, Attorney
166 Branner Avenue, Ste A
Waynesville NC 28786
34-37e
NOTICE OF ADMINISTRATION
Having qualified as Executor of the estate of Richard C. Klavohn, 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 1814 Seaside Road, St. Helena, SC 29920, on or before the 12th day of February, 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 5th day of November, 2009.
Terry Klavohn, Executor
Estate of Richard C. Klavohn
34-37
NOTICE OF ADMINISTRATION
Having qualified as Executrix of the estate of Philip Tyree Wade, 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 345 Wilson Cemetery Road, Cullowhee, NC 28723, on or before the 12th day of February, 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 2nd day of November, 2009.
Vickey M. Wade, Executrix
Estate of Philip Tyree Wade
34-37
NOTICE OF ADMINISTRATION
Having qualified as Executrix of the estate of Robert Elmer 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 9415 Caney Fork Road, Cullowhee, NC 28723, on or before the 29th day of January, 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 22nd day of October, 2009.
Lindsay Cowan Broom, Executrix
Estate of Robert Elmer Woodard
32-35
NOTICE OF ADMINISTRATION
Having qualified as Administrator of the Estate of Wesley Delwyn Bonds, Jr., deceased, late of Jackson County, North Carolina, this is to notify all persons having claims against the said estate to present such claims to the undersigned at 705 W. Main Street, Sylva, NC, 28779, on or before the 5th day of February, 2010, or this notice will be pleaded in bar of their recovery. All persons indebted to the said estate will please make immediate payment.
This the 5th day of November, 2009.
Charles C. Bonds, Administrator
c/o Heather C. Baker, Attorney
705 W. Main Street
Sylva, NC 28779
33-36e
NOTICE OF SERVICE OF PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA
JACKSON COUNTY
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
IN THE MATTER OF
EMILION CADE MEZA-MCCOY
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:
TERMINATION OF YOUR PARENTAL RIGHTS TO THE JUVENILE, EMILION CADE MEZA-MCCOY.
Filed May 28, 2009 in the District Court in Jackson County, North Carolina.
TO: THE FATHER OF A MALE JUVENILE, EM ILION CADE MEZA-MCCOY, BORN ON OR ABOUT NOVEMBER 5, 2006 IN JACKSON COUNTY, NORTH CAROLINA.
You are required to make a defense to such pleading no later than December 7, 2009 and upon your failure to do so, th Petitioner, the Jackson County Department of Social Services, seeking service against you, will apply to the court for an order terminating your parental rights. Your parental rights to the Juvenile will be terminated if you fail to make a defense.
This the 28th day of October, 2009
Mary G. Holliday
Attorney for Petitioner
Jackson County Department of Social Services
PO Box 597
Webster, North Carolina 28788
(828) 631-0346
33-35
09 SP 395
NOTICE OF FORECLOSURE SALE
Pursuant to the terms of a deed of trust executed by T & T Properties, Inc. to Heather C. Baker, Trustee for David Baker, recorded in Deed of Trust Book 1471, page 76, and an order of the Clerk of Superior Court of Jackson County, North Carolina dated November 5, 2009, the undersigned Frank G. Queen, Substitute Trustee, will offer for sale at public auction to the highest bidder for cash on December 1, 2009 at 10:00 a.m., at the courthouse door in Sylva, Jackson County, North Carolina, the property described in Deed of Trust Book 1471, page 76, which description is incorporated by this reference. The property is generally described as two vacant lots: Lot 20, containing 2.500 acres, and Lot 21, containing 3.40 acres, Water Dance, as shown on the survey of Herron & Associates, recorded in Plat Cabinet 13, Slide 216, Jackson County Registry, being vacant lots.
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: Restrictions for Water Dance, including, without limitation, Book 1212, page 203; Book 1415, page 753; easement for access as described in the deed of trust and shown, in part, in Plat Cabinet 11, Slide 539.
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 the tax of the Clerk in auditing the process in the amount of .45 per hundred dollars of the final bid and the recording fee for the substitute trustee’s deed and, if the buyer is other than the secured party, the revenue stamps.
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.
This the 5th day of November, 2009.
Frank G. Queen
Substitute Trustee
BROWN, WARD & HAYNES, PA
370 N. Main Street, Ste 300
Waynesville, NC 28786
(828) 456-9436
35,36
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
09-SP-58
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
In the Matter of the Foreclosure of the Deed of Trust executed by Carolina Mountain Water, LLC,
Grantor,
to TRSTE, Inc.,
Original Trustee,
As recorded in Book 1659, Page 444 of the Jackson County Public Registry.
See Substitution of Trustee which Substitutes Marjorie R. Mann as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 1790, Page 444 of the Jackson County Public Registry.
NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE
SALE OF REAL PROPERTY
Pursuant to the power and authority contained in the Deed of Trust from Carolina Mountain Water, LLC to TRSTE, Inc. (the “Original Trustee”) for the benefit of Wachovia Bank, National Association recorded in Book 1659, Page 444 of the Jackson County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described as follows, together with all rights, privileges and appurtenances thereto (the “Property”):
Being all of that certain tract of land, containing 51.41 acres, more or less, as shown on a plat thereof entitled “Survey for Sammons Water Company”, recorded in Plat Cabinet 4, Slide 142, Jackson County Registry to which reference is specifically made.
The record owner of the Property as reflected by the records of the Register of Deeds of Jackson County not more than ten (10) days prior to the posting of this Notice was Carolina Mountain Water, LLC.
The Property will be sold 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.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust, 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Sections 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e).
In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: November 30, 2009
HOUR OF SALE: 11:00 a.m.
PLACE OF SALE: Jackson County Courthouse
This the ___ day of October, 2009.
Marjorie R. Mann, Substitute Trustee
Roberts & Stevens, P.A.
BB&T Building, Suite 1100
One West Pack Square
Asheville, North Carolina 28801
Telephone: (828) 252-6600
35,36e
CREDITORS NOTICE
All persons, firms and corporations having claims against Lou C. Fisher, alkla Willie Lou Cogdill Fisher, a/k/a Lou Cogdill Fisher, deceased of Jackson County, North Carolina, are hereby notified to present them to Grover Eugene Cogdill or Sue Caldwell as Co-Executors of the decedent's estate, on or before February 5,2010, in care of the undersigned attorney at his address, or this notice will be pleaded in bar of their recovery. All persons, firms or corporations indebted to the said estate will please make immediate payment to the above named Grover Eugene Cogdill or Sue Caldwell.
This the 30th day of October, 2009.
John C. Kersten
Kersten & Davis, P.A.
Post Office Drawer 1260
Waynesville, NC 28786
33-36e
NOTICE TO CREDITORS
Having qualified as Public Administrator of the Estate of Leah Wilson Sutton Heinz, late of Sylva, Jackson County, North Carolina, the undersigned does herby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned at 166 Branner Avenue, Ste A. Waynesville, NC 28786, on or before the 29th day of January 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will make immediate payment to the undersigned.
This the 29th day of October, 2009.
Sarah P. Wenzel,
Public Administrator of the Estate of Leah Wilson Sutton Heinz
c/o Sarah P. Wenzel, Attorney
166 Branner Avenue, Ste A
Waynesville, NC 28786
32-35
NOTICE TO CREDITORS
All persons, firms and corporations having claims against Leslie K. Martin, Deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Co-Executrixes on or before January 29, 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 29th day of October, 2009.
Vivienne C. Martin and
Linda Kay Blood
Co-Executrixes
c/o Thomas R. Crawford, Esq.
COWARD HICKS & SILER, P.A.
705 West Main Street
Sylva, NC 28779
32-35e
NOTICE OF ADMINISTRATION
Having qualified as Executor of the estate of Hilda Sue Jones, 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 114 Mitchell Road, Sylva, NC 28779, on or before the 5th day of February, 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 26th day of October, 2009.
Albert Arnold Jones, Executor
Estate of Hilda Sue Jones
33-36
NOTICE OF ADMINISTRATION
Having qualified as Administrator of the estate of Barbara Clark Hooper, 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 2465 Cullowhee Mountain Road, Cullowhee, NC 28723, on or before the 5th day of February, 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 October, 2009.
Stephen Kim Hooper, Administrator
Estate of Barbara Clark Hooper
33-36
NOTICE OF FORECLOSURE SALE
09 SP 245
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Ronald E. Sherwood and Elizabeth Sherwood (PRESENT RECORD OWNER(S): The RBS Hope Trust dated April 11, 2007) to First American Title Insurance Company, Trustee(s), dated the 1st day of August, 2003, and recorded in Book 1369, Page 312, in 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, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Sylva, Jackson County, North Carolina at 2:30 PM on December 4, 2009 and will sell to the highest bidder for cash the following real estate situated in the County of Jackson, North Carolina, and being more particularly described as follows:
Being all of the certain parcel and premises described as "Lot A" containing 0.35 of an acre and " Lot B" containing .22 of an acre as shown on a plat recorded in Plat Cabinet 5, Slide 645, of Jackson County Public Registry. Together with improvements located thereon; said property being located at 6031 North Norton Road, Cullowhee, North Carolina.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.
Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).
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 Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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 condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A cash deposit or cashier’s check (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.
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 IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This 6th day of November, 2009.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
BY: Attorney at Law
The Law Firm of Hutchens, Senter & Britton, P.A.
Attorneys for Substitute Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
http://sales.hsbfirm.com
Case No: 1009744
35,36e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 09 SP 313
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BRIAN KEITH PRITCHARD and LISA H. PRITCHARD TO BB&T COLLATERAL SERVICE CORPORATION, TRUSTEE
(JOHN C. KERSTEN, SUBSTITUTE
TRUSTEE), FOR BRANCH BANKING
AND TRUST COMPANY, IN BOOK
1687, PAGE 283, JACKSON COUNTY
REGISTRY.
NOTICE OF SALE OF REAL ESTATE BY TRUSTEE
Under and by virtue of the power of sale contained in a certain Deed of Trust executed by Brian Keith Pritchard and Lisa H. Pritchard, to BB&T Collateral Service Corporation, Trustee, dated July 16, 2009, and recorded in Book 1687 at Page 283, in the office of the Register of Deeds of Jackson County, North Carolina; and under and by virtue of the authority vested in the undersigned as Substitute Trustee by that certain instrument recorded in Book 18 18, Page 6, Jackson County Registry, default having been made in the payment of the indebtedness thereby secured, and under and by virtue of that certain Order Allowing Foreclosure Sale entered by the Clerk of Superior Court of Jackson County, North Carolina on November 4, 2009, of record in File No. 09 SP 313, and default having been made in the payment of the indebtedness thereby secured, and the said Deed of Trust being by the terms thereof subject to foreclosure, and the Holder of the indebtedness thereby secured having demanded a foreclosure thereof for the purpose of satisfying said indebtedness, the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash at the Jackson County Courthouse, Sylva, North Carolina, at 11:00 o'clock A.M. on the 2nd day of December, 2009, all of the property conveyed in said Deed of Trust, which property as of this date was owned by Lap Holdings, LLC, the same lying and being in Jackson County, North Carolina, and more particularly described as follows:
BEING all of the lands described in and conveyed by Deed from Bonnie Norton, widow; Anna L. Deyermond and husband, Warren Deyermond to Jack Norton, dated August 12, 1978 as recorded in Book 491 Page 487 of the Jackson County Public Registry. 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 2007 and all subsequent years.
Being Lots numbered (23) Twenty-Three, (24) Twenty-Four, (25) Twenty-Five, (26) Twenty-Six, (27) Twenty-Seven, (28) Twenty-Eight, (29) Twenty-Nine and (30) Thirty of the Beulah J. Henson Subdivision at Cullowhee according to a Map or Plat of same as filed in the Office of the Register of Deeds for Jackson County in Plat Cabinet 2, Slide 17 to which reference is made for a more complete description.
This conveyance is made and given SUBJECT TO the right of way for SR 1338 (Painter Road) and SR 1336 (Monteith Road) to their full legal widths.
This conveyance is made and given SUBJECT TO the right of way for Tuckaseigee Water and Sewer Authority as recorded in Book 978 Page 3 59 of the Jackson County Public Registry.
The aforesaid sale will be made subject to all encumbrances existing prior to the recording of the above-referenced Deed of Trust, including all valid and enforceable liens and also will be subject to all taxes and special assessments outstanding against the property.
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 holders of the note secured by the Deed of Trust, or both, being foreclosed, nor the attorneys, agents or authorized representative of either the Substitute Trustee or the holders 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 condition expressly are disclaimed.
The Substitute Trustee, after sale, shall require the highest bidder immediately to make a cash deposit of the greater of 5% of the amount of his bid or $750.00.
The Notice of Sale hereby given is in satisfaction of the requirements of the aforementioned Deed of Trust and the requirements contained in North Carolina General Statute §45-21.17 with respect to posting or publishing notice of sale.
This the 4th day of November, 2009.
John C. Kersten, Substitute Trustee
95 Depot street
Post Office Drawer 1260 Waynesville, NC 28786
(828) 452-5801
35,36e
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
File No: 09 SP 347
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 Mark R. Lucas and Elena A. Lucas, as husband and wife, original mortgagors, and recorded in the Office of the Jackson County Register of Deeds in Deed of Trust Book 1791, at Page 608. 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 4th day of December, 2009 at the Jackson County Justice and Administration Building door in the City of Sylva, North Carolina.
3.The real property to be sold is generally described as Lot 5 Black Bear Falls, Whittier, NC 28789 and described as follows:
BEING AND COMPREHENDING all of Lot 5, containing 1.24 acres, as shown on a plat of a survey prepared by Robert C. Brown, PLS, dated 6/21/05, entitled “Black Bear Falls Subdivision Phase 1-Block A Lots 1 through 6”, drawing number C 05-23A, and recorded in Plat Cabinet 14, Slide 75, Jackson County Public Registry, to which reference is hereby made and incorporated herein as if fully set forth.
Being the same lands as conveyed and described by deed dated December 16, 2005, from Camp Creek Associates, LLC, a North Carolina limited liability company, to Mark Lucas and wife Elena Lucas, recorded in Book 1555, Page 718, Jackson County Public Registry.
There is further conveyed to the Trustee, his successors and/or assigns, and this instrument is made and given SUBJECT TO the Declaration of Covenants, Restrictions, and Easements for Black Bear Falls Subdivision, recorded in Book 1528, Page 137; and amended in Book 1531, Page 226; and Book 1541, Page 733, Jackson County Public Registry, and any other amendments thereto.
There is further conveyed to the Trustee, his successors and/or assigns, a non-exclusive road right of way easement over the access roads shown on the above referenced recorded plat and TOGETHER WITH any continuations thereof, for the purposes of ingress and egress between NCSR #1408, known as Fire Fly Road, and the subject property.
This instrument is further made and given SUBJECT TO membership in the Black Bear Falls Property Owners Association, Inc.
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 4th day of November, 2009.
William Richard Boyd, Jr.
Substitute Trustee
474 Mountain Cove Road
Waynesville, North Carolina 28786
35,36e
NOTICE OF FORECLOSURE SALE
09 SP 325
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Steven Howey and Cynthia Howey, Husband and Wife to Kimberly Lay, Trustee(s), dated the 21st day of February, 2007, and recorded in Book 1655, Page 395, in 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, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Sylva, Jackson County, North Carolina at 2:30 PM on December 4, 2009 and will sell to the highest bidder for cash the following real estate situated in the County of Jackson, North Carolina, and being more particularly described as follows:
BEING Lot 54, containing 2.65 total acres as shown on a plat of survey entitled " Black Bear Falls Subdivision Phase II-Block A Lots 51 and 55" by Robert C. Brown, P.L.S., dated 11/15/06, Drawing Number C 06-179A, and recorded in Plat Cabinet 15, Slide 713, Jackson County Registry to which express reference is hereby made for a more particular legal description. Together with improvements located thereon; said property being located at Lot 54 Black Bear Falls, Whittier, North Carolina.
SUBJECT TO DECLARATION OF COVENANTS, RESTRICTIONS, AND EASEMENTS FOR "Black Bear Falls" SUBDIVISION as recorded in Book 1528, Page 137, Jackson County Registry and amended in Book 1531, Page 226 and Book 1541, Page 733, Jackson County Registry.
SUBJECT TO the Subdivision Design Guidelines for "Black Bear Falls" as recorded in Book 1528, Page 168, Jackson County Registry.
TOGETHER WITH a non-exclusive road right of way easement over the access roads shown on the above referenced recorded plat and TOGETHER WITH any continuations thereof, for the purposes of ingress and egress between NCSR # 1408 known as Fire Fly Road and Subject property.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.
Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).
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 Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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 condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A cash deposit or cashier’s check (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.
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 IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This 6th day of November, 2009.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
BY: Attorney at Law
The Law Firm of Hutchens, Senter & Britton, P.A.
Attorneys for Substitute Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
http://sales.hsbfirm.com
Case No: 1015377
35,36e
09 SP 353
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 RANDALL H KEHL AKA RANDALL HERMAN KEHL AND SHARON K BARNES AKA SHARON KAY BARNES, HUSBAND AND WIFE to PRLAP, INC., Trustee(s), which was dated March 8, 2006 and recorded on March 8, 2006 in Book 1573 at Page 45, 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 by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on December 4, 2009 at 1:30PM, 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 14, Phase I BearPen at RiverRock as the same is shown on a plat entitled "BearPen, LLC" recorded in Plat Cabinet 14, Slide 492 and Plat Cabinet 14, Slide 576 of the Jackson County Registry, reference to which is hereby made for a more particular description.
TOGETHER WITH a non-exclusive right-of-way over the existing private access road for the purposes of ingress and egress to subject property as described in the deed recorded in Book 1102, Page 490 of the Jackson County Registry, to which reference is specifically made.
TOGETHER WITH a perpetual and appurtenant right of ingress and egress over all roads existing or hereafter constructed within rights of way in BearPen at 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, Slide 578 and 579.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as Lot 14 Phase 1 Bear Pen at River Rock, 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 Randall H. Kehl and wife, Sharon K. Barnes.
An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, EXCEPT IN THE INSTANCE OF BANKRUPTCY PROTECTION. IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
Substitute Trustee
Brock & Scott, PLLC
Jeremy B. Wilkins, NCSB No. 32346
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 09-19787-FC01
35,36e
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
File No: 09 SP 338
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 Matthew J. Rust and Shari L. Brendlin Rust, husband and wife and Fary Rust and wife, Tressa Rust, original mortgagors, and recorded in the Office of the Jackson County Register of Deeds in Deed of Trust Book 1685, at Page 83. 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 4th day of December, 2009 at the Jackson County Justice and Administration Building door in the City of Sylva, North Carolina.
3.The real property to be sold is generally described as Lot 87 Tuckasegee at RiverRock Development, Cullowhee, NC 28723 and described as follows:
BEING AND COMPREHENDING Lot 87 Double Springs, Fourth Phase, Tuckasegee at RiverRock, containing 0.70 acres, as shown on plat prepared by WNC Land Surveyors on the 31st day of July 2006 and revised the 31st day of October 2006, Job #060206, and as recorded in Plat Cabinet 15, Slide 547, Jackson County Public Registry and Being a portion of the lands conveyed by deed recorded in Deed Book 1585 at Page 552 Jackson County Public Registry. 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 2007 and all subsequent years.
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 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.
TOGETHER WITH and SUBJECT TO rights-of-way 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.
SUBJECT TO the Declaration of Covenants and Restrictions for RiverRock Subdivision recorded in Book 1559, Page 581 of the Jackson County Registry with any and all amendments and or supplements thereto of public record.
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 4th day of November, 2009.
William Richard Boyd, Jr.
Substitute Trustee
474 Mountain Cove Road
Waynesville, North Carolina 28786
35,36e
NOTICE OF FORECLOSURE SALE
09 SP 351
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Paul J. Schuetz and Michelynne Schuetz to PRLAP, Inc., Trustee(s), dated the 19th day of September, 2006, and recorded in Book 1619, Page 23, in 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, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Sylva, Jackson County, North Carolina at 2:30 PM on December 4, 2009 and will sell to the highest bidder for cash the following real estate situated in the County of Jackson, North Carolina, and being more particularly described as follows:
Being and comprehending a tract of land containing 0.79 of an acre, and being all of Lot 45B, Hampton Springs Resort, as shown on an unrecorded map or plat of a survey prepared by W. Edward Hall, LS, dated July 27, 2006 entitled "Compiled Plat of a Portion of Phase II Hampton Springs"' drawing number 2756-44, and being more particularly described as follows:
Beginning at the southwest corner of Lot 27B, Hamption Springs Resort, Gregory Connor, now or former (DR1613-68), said point also being corner common to Lot 27A, and Lot 44B; thence from the point of beginning as thus established, and running with the southern boundary of Lot 27B, N 85-16-20 E. 230.91 feet to a point at or near a stream, corner common to Lot 27B, Lot 25B, tunder, now or former (DR 1611-209) and Lot 24B, Cupelli, now or former (DR 1612-407); thence with the line of Lot 24B S 53-04-53 E. 146.00 feet to corner of Lot 24B, Lot 24A and Lot 45A, said point also being the terminus of the fifty (50) foot road right of way easement for subdivision access road ; thence with the line of Lot 45A S 66-04-19 W 227.65 feet to the westernmost corner of Lot 45A, and a point in the line of Lot 44A; thence with the line of Lot 44A N 40-45-29 W. 85.91 feet to a corner of Lot 44A and Lot 44B; thence with the line of Lot 44B, N 40-45-29 W 126.63 feet to the point and place of beginning. Together with improvements located thereon; said property being located at Lot 45B Hampton Springs Resort, Glenville, North Carolina.
Being the same lands as described in deed from Spring Mountain Estates, Inc., a North Carolina Corporation, recorded in the Jackson County Public Registry.
Together with the right to use a thirty (30) foot road right of way easement leading from NCSR#1129, over, across and through other lands of the Grantor, now or former, and thence continuing at a width of fifty (50) feet, as same runs to and thence along the northeast boundary of Lot 45A, to a point where said road intersects with the easternmost boundary of the lands herein. Said rights of way to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said roads and rights of way.
Subject to the rights, terms and obligations of the Declarations of Covenants and Restrictions for Wade Hampton Horizons Subdivision, recorded in Book 1128, Page 182, Jackson County Public Registry, and subsequent supplemental declarations or amendments thereto.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.
Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).
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 Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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 condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A cash deposit or cashier’s check (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.
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 IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This 13th day of November, 2009.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
BY: Attorney at Law
The Law Firm of Hutchens, Senter & Britton, P.A.
Attorneys for Substitute Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
http://sales.hsbfirm.com
Case No: 1016441
35,36e
NOTICE OF FORECLOSURE SALE
09 SP 343
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Samuel W. Hines and Christine M. Hines to Peter A. Paul, Trustee(s), dated the 16th day of February, 2007, and recorded in Book 1655, Page 852, in 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, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Sylva, Jackson County, North Carolina at 2:30 PM on December 4, 2009 and will sell to the highest bidder for cash the following real estate situated in the County of Jackson, North Carolina, and being more particularly described as follows:
Being all of that certain 0.40 acre tract of land known as Lot 13, Bald Rock, as shown on a plat thereof entitled "Plat for Samuel L. Hines and Christine M. Hines", drawn by Edward Hall, L.S., Drawing No. 623CAb12, dated October 18, 2006, and recorded in Plat Cabinet 16 at Slide 116 of the Jackson County Registry to which reference is hereby specifically made. Together with improvements located thereon; said property being located at 74 White Horse Court, Cashiers, North Carolina.
Together with non-exclusive rights-of-way over the access roads shown on the above-referenced plat and designated "SEWER LINE EASEMENT 10 FEET IN WIDTH" on the above-referenced plat, and together with an easement within the area designated "SEPTIC EASEMENT ARE SHARED SYSTEM FOR LOTS 13 & 15 0.23 ACRE" on the above-referenced plat and as reserved in that certain deed recorded in Book 1164, Page 569, Jackson County Registry, to which reference is specifically made, for purposes of installing, maintaining, and/or repairing septic drainlines and septic systems for the benefit of Lot 13, described hereinabove.
Lot 13 is subject to the utility easement for the benefit of Lot 14 as described in the deed recorded in Book 1156, Page 874, Jackson County Registry and as shown on the above-referenced plat and the plat recorded in Plat Cabinet 11, Slide 599, Jackson County Registry, to which reference is specifically made, and subject to the utility easement for the benefit of Grantor's reatined lands as shown on the said plats and described in said deeds.
Together with and subject to that certain Easement Agreement by and between Bald Rock Property Owners Association, Inc., and Samuel W. Hines and wife, Christine M. Hines, as recorded in Deed Book 1655, Page 847, Jackson County Registry.
Together with and subject to that certain Waiver of Violation of Setback by and between The Enviromental Control Committee of Bald Rock Subdivision, and Samuel W. Hines and wife, Christine M. Hines, as recorded in Deed Book 1655, Page 850, Jackson County Registry.
Subject to that certain Supplemental Declaration of Restrictions for Fairfield Sapphire Valley, Inc., recorded in Book 533, Page 184, Jackson County Registry, to which reference is specifically made.
Subject to that certain Declaration of Covenants, Conditions, Restrictions and Easements for Bald Rock recorded in Book 896, Page 702, and Supplemental Declaration for Bald Rock Mountain Cabins II recorded in Book 1156, Page 856, Jackson County Registry, to which reference is specifically made.
In accepting this conveyance, the Grantee herein acknowledges that memberships in Bald Rock
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.
Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).
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 Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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 condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A cash deposit or cashier’s check (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.
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 IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This 6th day of November, 2009.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
BY: Attorney at Law
The Law Firm of Hutchens, Senter & Britton, P.A.
Attorneys for Substitute Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
http://sales.hsbfirm.com
Case No: 1017549
35,36e
NOTICE OF FORECLOSURE SALE
09 SP 350
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Joan Andre to PRLAP, Inc., Trustee(s), dated the 19th day of September, 2006, and recorded in Book 1617, Page 857, in 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, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Sylva, Jackson County, North Carolina at 2:30 PM on December 4, 2009 and will sell to the highest bidder for cash the following real estate situated in the County of Jackson, North Carolina, and being more particularly described as follows:
Beginning on a point in the western margin of the fifty (50) foot road right of way easement for subdivision access road, in the outside boundary line of the lands described as a 10.99 acre tract (DR1609-545), and the southwest corner of Lot 44A, Hampton Springs Resort, a 0.73 acre tract; said point of beginning being located at S 03*-02-13 E 687.84 feet from the northwesternmost corner of said 10.99 acre parent tract and corner of Lot 26B, Matthew Mulig now or former (DR 1613-42); thence from the point of beginning, as thus established, and with the line of Lot 44A, N 84-43-34 E. 356.16 feet to a point in the line of Lot 45A, a 0.76 acre tract; said point being located S 40-45-29 E. 32.92 feet from the southernmost corner of Lot 45B, a 0.79 acre tract; thence with the line of Lot 45A, S 40-45-29 E. 102.92 feet to the northeast corner of Lot 46A said point being located N 40-45-29 W 68.86 feet from the southernmost corner of Lot 45A; thence running with the line of Lot 46A, S 85-42-10 W, crossing streams and crossing the fifty (50) foot right of way easement for the subdivision access road, 418.96 feet to a point in the outside line, on the western margin of the aforementioned right of way, the northwesternmost corner of Lot 46A; thence with the outside line, N 03-02-13 W 76.72 feet to the point and place of beginning. Together with improvements located thereon; said property being located at Lot 46B Hampton Springs Resort, Glenville, North Carolina.
Being the same lands described by deed from Spring Mountain Estates, Inc., a North Carolina corporation, recorded in the Jackson County Public Registry.
Together with a thirty (30) foot road right of way easement leading from NCSR #1129, over, across and through other lands of Spring Mountain Estates, Inc., now or former, and thence continuing at a width of fifty (50) feet, as same runs to and thence through the western boundary of the lands herein. Said rights of way to be used jointly for the purposes of ingress and egress and for the purpose of inspecting, servicing and maintaining said roads and rights of way.
Subject to the exception and reservation unto Spring Mountain Estates, Inc., its successors and/or assigns, the joint right to use of that portion of the fifty (50) foot road right of way easement for subdivision access road, as same runs along and with the western portion of the lands herein. Said rights of way to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said roads and rights of way.
Subject to the rights, terms and obligations of the declaration of Covenants and Restrictions for Wade Hampton Horizons Subdivision, recorded in Book 1128, Page 182, Jackson County Public Registry, and subsequent supplemental declarations or amendments thereto.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.
Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).
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 Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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 condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A cash deposit or cashier’s check (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.
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 IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This 13th day of November, 2009.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
BY: Attorney at Law
The Law Firm of Hutchens, Senter & Britton, P.A.
Attorneys for Substitute Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
http://sales.hsbfirm.com
Case No: 1016676
35,36e
NOTICE OF FORECLOSURE SALE
09 SP 349
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Carl Schulte to PRLAP, Inc., Trustee(s), dated the 18th day of September, 2006, and recorded in Book 1618, Page 19, in 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, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Sylva, Jackson County, North Carolina at 2:30 PM on December 4, 2009 and will sell to the highest bidder for cash the following real estate situated in the County of Jackson, North Carolina, and being more particularly described as follows:
Being and comprehending all of Lot 7B, Hampton Springs Resort, containing 0.51 of an acre, by C&G computer progam, as shown on a compiled Plat by W. Edward Hall, LS, dated August 25, 2004, entitled "Complied Plat of a Portion of Phase 1, Hampton Springs Sixteen Propose new Lots at Hamption Springs, Hamburg Township, Jackson County, North Carolina", drawing no. 2756-10 (2756), and being more particularly described as follows:
Beginning in the centerline of the fifty (50) foot road right of way easement for subdivision access road, the southwesternmost corner of Lot 8A, Melzer, now or former (DR1552-622), and common to the line of Lot 11B, Gregory Schuetz, now or former (DR1615-526); thence from the point of beginning as thus established, and with the centerline of the road and right of way and with the line of Lot 11B, S 20-19-15 W 53.22 feet to a point in the centerline, corner of Lot 11B, and corner of Lot 11A, Kennard Davis, now or former (DR1615-536); thence continuing with the centerline of the road right of way and with the line of Lot 11A, S 14-07-50 W. 93.93 feet to a point in the centerline, the northwestern most corner of Lot 7A; thence leaving the road and right of way, and leaving the line of Lot 11A, and running with the northern boundary line of Lot 7A, S 76-45-45 E. 184.39 feet to the northeast corner of Lot 7A; thence leaving the line of Lot 7A N 17-38-15 E 91.36 feet to a point; thence N 59-53-00 W 191.63 feet to the point of beginning. Together with improvements located thereon; said property being located at Lot 7B Hampton Springs, Glenville, North Carolina.
Being the same lands to Carl Schulte, by deed from Wade HAmpton Horizons, Inc., a North Carolina Corportaion, recorded in the Jackson County Public Registry.
Together with the right to use a thirty (30) foot road right of way easement leading from NCSR#1129, over other lands of Wade Hampton Horizons, Inc. noe or former continuing at a width of fifty (50) feet, to and thence along the western boundary of the lands hereinabove described. said rights of way to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said roads and rights of way.
Subject to the exception and reservation unto Wade Hampton Horizons, Inc. a North Carolina corporation, its successors and/or assigns, the joint right to the use of that portion of the fifty (5) foot road right of way easement lying within the western boundary of the lands hereinabove described and conveyed. Said right of way to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said roads and rights of way.
Subject to the rights, terms and obligations of the Declaration of Covenants and Restrictions for Wade Hampton Horizon Subdivision, recorded in Book 1128, Page 182, Jackson County Registry, and subsequent supplemental declaration or amendments thereto.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.
Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).
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 Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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 condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A cash deposit or cashier’s check (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.
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 IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This 13th day of November, 2009.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
BY: Attorney at Law
The Law Firm of Hutchens, Senter & Britton, P.A.
Attorneys for Substitute Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
http://sales.hsbfirm.com
Case No: 1015249
35,36e
09 SP 269
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 THU V TRAN, UNMARRIED INDIVIDUAL AND LAN H. SMITH, AND HUSBAND, DOUGLAS SMITH to PRLAP, INC., Trustee(s), which was dated June 28, 2006 and recorded on June 29, 2006 in Book 1598 at Page 418, 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 by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on December 3, 2009 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit:
BEING Lot 18B, containing 2.46 total acres as shown on a plat of survey entitled "Black Bear Falls Subdivision Phase 1-Blcok C Lots 14 through 20", by Robert C. Brown, P.L.S., dated 6/21/05, drawing number C 05-23C, and recorded in Plat Cabinet 14, Slide 326, Jackson County Registry to which express reference is hereby made for a more particular legal description.
SUBJECT TO DECLARATION OF COVENANTS, RESTRICTIONS, AND EASEMENTS FOR "Black Bear Falls" SUBDIVISION as recorded in Book 1528, Page 137, Jackson County Registry and amended in Book 1531, Page 266 and Book 1541, Page 733, Jackson County Registry, and any other amendments thereto.
TOGETHER WITH a non-exclusive road right of way easement over the access roads shown on the above referenced recorded plat and TOGETHER WITH any continuations thereof, for the purposes of ingress and egress between NCSR #1408 known as Fire Fly Road and subject property.
By acceptance of this deed, the parties of the second part shall automatically become members of Black Bear Falls Property Owner's Association, Inc.
As to the property herein, this Deed of Trust from Thu V. Tran, unmarried (hereinafter referred to as Tran) and Lan H. Smith, unmarried (hereinafter referred to as Smith) is given in the form of hypothecated security in that it is given to secure the debt of another, to wit: the indebtedness evidenced by the Promissory Note dated June 28, 2006 in the amount of $113,905.00, which is made and delivered by Thu V. Tran, unmarried and Lan H. Smith, unmarried. Smith will derive a material and direct benefit from the loan evidence by note and in accordance therewith, Smith agrees that such interest and benefit are sufficient consideration to support the Deed of Trust. In the event of a default by Borrower under the Note, Smith expressly acknowledges, covenants and agrees that Beneficiary shall have all rights and remedies as set forth herein for default just as if Smith had executed the Norte. Further, in the event of default under the Note, it shall likewise be deemed an event of default hereunder giving rise to all rights and remedies as set forth herein for default. Smith expressly agrees that, upon such default, Beneficiary may elect to enforce any rights and remedies which it may have under this Deed of Trust. The foregoing provisions are set forth and made by Smith as an inducement to Beneficiary to enter into the loan transaction secured hereby.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as Lot 18B Lost Arrow Lane, of Black Bear Falls Subdivision, Cherokee, NC 28719.
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 Lan H. Smith and Thu V. Tran.
An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, EXCEPT IN THE INSTANCE OF BANKRUPTCY PROTECTION. IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
Substitute Trustee
Brock & Scott, PLLC
Jeremy B. Wilkins, NCSB No. 32346
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 09-17461-FC01
35,36e
NOTICE OF FORECLOSURE SALE
09 SP 355
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Robert D. Fronrath and Maria F. Fronrath to Lawyers Title Realty Services, Trustee(s), dated the 22nd day of October, 2007, and recorded in Book 1710, Page 333, in 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, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Sylva, Jackson County, North Carolina at 2:30 PM on December 4, 2009 and will sell to the highest bidder for cash the following real estate situated in the Township of Qualla, in the County of Jackson, North Carolina, and being more particularly described as follows:
The following described real property situate in the County of Jackson, and State of North Carolina, to wit:
The property description of a Deed from Automotive Business Consultants, Inc., to Fronrath, the property conveyed is Lot 7, Mountain View Estates, in the Qualla Community, Qualla Township, Jackson County, North Carolina, and is shown on a map of a survey by Herron Associates, PA, dated August 11, 2006, entitled "Rob Fronrath, drawing Number 355-26-A, and contains 1.472 acres, more or less. That map is incorporated by reference into this description. The property is a portion of the property conveyed in a Deed from Mark Henry Fortner and Sandra Fortner to Automotive Business Consultants, Inc., dated May 21, 2004 and recorded in the Swain County Registry in Deed Book 1423 at Page 136, hereafter the parent tract.
The property is more particularly described from the referenced Herron Map beginning on an iron set in the line of Lot 6, which lies N. 36-18-02 E. 880.00 feet from an iron found at the southern corner of Lot 2 and from the point of beginning with the line of Lot 1, S. 7-45-26 W. 39.92 feet to a point in the centerline of a 16" wide paved subdivision road in the line of Lot 16, then with the centerline of the road and the line of Lot 16, N. 16-04-32 E. 21.68 feet; N. 25-54-31 E. 55.32 feet; N. 8-33-16 E. 48.27 feet; N. 1-34-01 W. 44.65 feet; and N. 0-55-21 E. 52.72 feet to the southeastern corner of Lot 17, then continuing with the centerline of the road and the line of Lot 17, N. 9-57-37 W. 52.12 feet to the centerline of the intersection of subdivision roads at a corner of Lot 8, thence with the centerline of a 15' soil road presently under construction and the line of Lot 8 N. 52-19-33 E. 57.54 feet; N. 64-43-37 E. 62.65 feet; and S. 79-03-26 E. 33.81 feet to a corner of Lot 21, then with the centerline of a 15' soil road presently under construction and the line of Lot 8, N. 52-19-33 E. 57.54 feet; N. 64-43-37 E. 62.65 East feet; and S. 79-03-26 E. 33.81 feet to a corner of Lot 21, then with the centerline of a 15' soil road presently under construction and the line of Lot 8, N 52-19-33 E. 57.54 feet; N. 64-43-37 E. 62.65 feet; and S. 79-03-26 E. 33.81 feet to a corner of Lot 21, then continuing with the centerline of the road and with the line of Lot 21, S. 37-18-01 E. 32.05 feet; S. 33-26-46 E. 69.24 feet; S. 38-26-15 E. 41.27 feet; S. 20-03-34 E. 23.66 feet; S. 14-51-18 E. 48.59 feet; S. 35-54-54 E. 29.11 feet; S. 53-25-09 E. 28.61 feet; and S. 44-24-59 E. 22.09 feet, then leaving the centerline of the road and the line of Lot 21 and running S. 79-46-22 W. 34.57 feet to an iron set (said iron lying S. 49-32-50 E. 176.41 feet from the southern corner of a 2 story dwelling under construction); and S. 79-44-34 W. 269.95 feet to the beginning. Together with improvements located thereon; said property being located at 12 Trading Post Place, Whittier, North Carolina.
Tax ID #7614-60-1708
By fee simple deed from Automotive, Business, Consultants, Inc. as set forth in Deed Book 1618, Page 202 and recorded on 9/20/2006, Jackson County Records.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.
Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).
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 Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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 condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A cash deposit or cashier’s check (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.
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 IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This 13th day of November, 2009.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
BY: Attorney at Law
The Law Firm of Hutchens, Senter & Britton, P.A.
Attorneys for Substitute Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
http://sales.hsbfirm.com
Case No: 1010253
35,36e
09 SP 352
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 Christina Gonzales aka Cristina Gonzales, and husband, Jerome M. Gonzales to PRLAP, INC., Trustee(s), which was dated April 7, 2006 and recorded on April 7, 2006 in Book 1580 at Page 237, 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 by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on December 4, 2009 at 1:30PM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit:
BEING AND COMPREHENDING a tract of land containing 0.89 of an acre, more or less, and being all of Lot 31B, Hampton Springs Resort, as shown on a map or plat prepared by W. Edward Hall, LS, entitled " Compiled Plat of Phase III of Hampton Springs , twenty six purposed new lots in Hampton Springs", Hamburg Township, Jackson County, North Carolina", dated August 25, 2004, revised September 15, 2004, drawing number 2756-30, and being more particularly described as follows:
BEGINNING on a point in the line of Ranzie Owen, now or former (DR 316-388), at the northwest corner of Lot 32A, Hampton Springs Resort, a 0.81 acre tract; said point of the beginning being located N 66-11-55 W 90.73 feet from the northwest corner of a 2.47 acre tract conveyed to Spring Mountain Estates, Inc., recorded in Book 1575, Page 718, Jackson County Registry, which said point is also the northwest corner of Lot 32B, Hampton Springs Resort, Charles N. Arison, now or former (DR 1577-128); thence from the point of the beginning, as thus established , and running with the western boundary line of Lot 32A, S 15-38-55 W 437.94 feet to a point in the centerline of the fifty (50) foot right of way easement for subdivision access road, the southwest corner of Lot 32A; thence leaving the line of Lot 32A, and running with the centerline of fifty (50) foot right of way easement for subdivision access road S 62-53-25 W 41.73 feet to a point in the centerline; thence N 89-22-10 W 71.16 feet to a point in the centerline, and N 78-22-05 W 9.40 feet to the southeast corner of Lot 31A, Hampton Springs Resort, a 0.97 acre tract; thence leaving the road and right of way and with the eastern boundary line of Lot 31A, N 21-46-50 E 496.43 feet to the northeast corner of Lot 31A, and in the line of Ranzie Owen, above referenced; thence with the Owen line, S 66-11-55 E 56.86 feet to the point and place of the BEGINNING.
Being the same lands described and conveyed by deed from Spring Mountain Estates, Inc., a North Carolina corporation, to Christina Gonzalez, recorded in the Jackson county Public Registry.
There is further conveyed to the Trustee, his successor and/or assigns, the joint right to the use of the thirty (30) foot road right of way easement leading from NCSR #1129, and thence continuing at a width of fifty (50) feet, to and thence along the southern boundaries of the lands hereinabove described and conveyed. Said rights of way to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said roads and rights of way.
This instrument is made and given SUBJECT TO the exception and reservation unto Spring Mountain Estates, Inc., a North Carolina corporation, its successors and/or assigns, the joint right to the use of that portion of the fifty (50) foot road right of way easement lying within the southern boundary of the lands hereinabove described and conveyed. Said right of way to be used jointly for the purposes of ingress and egress and for the purposes of inspecting, servicing and maintaining said roads and rights of way.
This instrument is made and given SUBJECT TO the exception and reservation unto Big Ridge Conservancy Trust, its successors and/or assigns, the joint right to the use of the existing roads and rights of way, as set forth in deeds recorded in Book 1577, Page 443, Jackson County Public Registry.
This instrument is made and given SUBJECT TO the rights, terms and obligations of the Declaration of Covenants and Restrictions for Wad Hampton Horizons Subdivision, recorded in Book 1128, Page 182, Jackson County Public Registry, and subsequent supplemental declarations or amendments thereto.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as Lot 31B Hampton Springs, Glenville, NC 28736.
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 Christina Gonzales.
An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, EXCEPT IN THE INSTANCE OF BANKRUPTCY PROTECTION. IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
Substitute Trustee
Brock & Scott, PLLC
Jeremy B. Wilkins, NCSB No. 32346
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 09-19853-FC01
35,36e
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
File No: 09 SP 201
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 Marsha Patterson, Frances Patterson, William Patterson and Benjamin P. Jones, original mortgagors, and recorded in the Office of the Jackson County Register of Deeds in Deed of Trust Book 1551, at Page 548 and re-recorded in Book 1558, at Page 667. 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: Marsha Patterson and Frances Patterson
2.The property will be sold by the Substitute Trustee at 11:00 a.m. on the 20th day of November, 2009 at the Jackson County Justice and Administration Building door in the City of Sylva, North Carolina.
3.The real property to be sold is generally described as 174 A Villas of Provence, Glenville, NC 28736 and described as follows:
ALL of Villa 1, Unit 1A of Provence Vilas, together with common areas and right of way for ingress and egress shown on a recorded plat recorded in Cabinet 14, Slide 64, Jackson County Register of Deeds, and surveyed by Davenport and Associates Inc, dated July 14, 2005.
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 21st day of October, 2009.
William Richard Boyd, Jr.
Substitute Trustee
474 Mountain Cove Road
Waynesville, North Carolina 28786
34,35e
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 09-SP-228
NORTH CAROLINA
JACKSON COUNTY
IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST EXECUTED BY RANDY A. WATSON,
Recorded in Book 1474, Page 579,
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 RANDY A. WATSON to Jay B. Green, Trustee, dated January 6, 2005 and recorded in Book 1474, Page 579 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 are Kimberly T. Watson and Randy A. Watson.
DATE, TIME AND PLACE OF SALE:
The sale will be held on November 24, 2009 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:
See "Exhibit A" attached hereto and incorporated herein by reference. 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 is a 2005 Norris Cambridge manufactured home bearing serial no. NO2016878TNAB.
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 13th day of October, 2009.
Deidre D. DeFlorentis, Substitute Trustee
908 E. Edenton Street
Raleigh, North Carolina 27601
Telephone: 919-829-0797
Jay B. Green
Attorney at Law
908 E. Edenton Street
Raleigh, NC 27601
Telephone: 919-829-0797
Facsimile: 919-829-0799
34,35e
NOTICE OF FORECLOSURE SALE
FILE NO. 09-SP-314
Under and by virtue of the power of sale contained in that certain deed of trust executed by Curtis E. Braswell and Elizabeth A. Braswell to Neuse, Incorporated Trustee, dated December 30, 2003 and recorded in Book 1397, at Page 102 in the Jackson County Registry, Sylva, 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 instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the holder of the note evidencing said indebtedness having directed that the deed of trust be foreclosed, the undersigned Substituted Trustee will offer for sale at the place designated for public sales in county courthouse building in the City of Sylva, Jackson County, North Carolina, on November 23, 2009, at 12:00 p.m. and will sell to the highest bidder for cash the following real estate:
Generally described as certain real property, with any and all improvements thereon, located in Jackson County, North Carolina, and being more particularly described as follows:
BEING all of Lot 206, Bear Lake Reserve, as shown on a plat thereof recorded in Plat Cabinet 12, Slide 496, Jackson County Registry, to which reference is specifically made.
TOGETHER WITH a non-exclusive right-of-way over the existing access roads shown on the above-referenced plat, together with continuations thereof , for purposes of ingress and egress between subject property and N.C.S.R. 1135(Shook Cove Road).
SUBJECT TO the right-of-way of the access road shown on the above-referenced plat.
SUBJECT TO all easements, rights-of-way, restrictions, and/or reservations of public record and/or any and all matters of public record.
SUBJECT TO that certain Declaration of Covenants, Conditions and Restrictions for Bear Lake Reserve dated August 25, 2003 and recorded in Book 1196, Page 331, Jackson County Registry, to which reference is specifically made.
Membership in Bear Lake Reserve Owner’s Association, Inc. is an appurtenance to the property hereinabove conveyed, the benefits and burden of such membership cannot be severed from the fee to which it is appurtenant, and said benefits and burden shall run perpetually with the land.
Being the same real property described in that deed of trust recorded in Book 1397 at Page 102 in said Registry
The current property Owners are Curtis E. Braswell and Elizabeth A. Braswell.
The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners' association assessments, unfiled mechanics’ andmaterialmen’s liens, and prior liens or encumbrances of record against the said property and any recorded releases.
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 Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Trustee or the holder of the note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.
A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee's Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds 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 may remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale.
An order for possession of the property 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.
In accordance with N.C.G.S. 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, 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 12th day of November, 2009.
William F. Wolcott, III
For WASLAW, LLC
Substitute Trustee
BB&T Building, Suite 1403
1 West Pack Square
Asheville, NC 28801
Telephone: (828) 210-8188
34,35e
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
File No: 09 SP 329
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 James Lawrence O’Berry and Robin Potts O’Berry, as husband and wife, original mortgagors, and recorded in the Office of the Jackson County Register of Deeds in Deed of Trust Book 1569, at Page 423. 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 25th day of November, 2009 at the Jackson County Justice and Administration Building door in the City of Sylva, North Carolina.
3.The real property to be sold is generally described as 136 T S Lance Road, Cashiers, NC 28717 and described as follows:
SITUATE, LYING AND BEING IN CASHIERS TOWNSHIP, JACKSON COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN AT THE SOUTHEAST MARGIN OF NORTH CAROLINA STATE ROAD NO. 1117 (CHURCH ROAD) SAID IRON PIN BEING LOCATED NORTH 23 DEGREES WEST 99 FEET AND SOUTH 46 DEGREES WEST 50 FEET FROM THE POINT OF BEGINNING IN A DEED DATED MAY 10, 1966, FROM PEARL Y. BARTON (A WIDOW) TO JANE S. YARNALL (A WIDOW) WHICH INSTRUMENT IS A RECORDED IN DEED BOOK 306, AT PAGE 26, OF THE JACKSON COUNTY REGISTRY (SAID POINT OF BEGINNING ALSO BEING THE WESTERNMOST CORNER OF THAT TRACT OF LAND DESCRIBED IN A DEED DATED AUGUST 14, 1972, FROM JANE S. YARNALL (A WIDOW) TO JAMES W. DOHERTY ET UX ET AL, WHICH INSTRUMENT IS RECORDED IN DEED BOOK 382, AT PAGE 617, OF THIS REGISTRY) AND RUNS THENCE WITH THE MARGIN OF SAID CHURCH ROAD, THE FOLLOWING 6 COURSES AND DISTANCES: SOUTH 44 DEGREES WEST 50 FEET TO A POINT; SOUTH 33 DEGREES WEST 25 FEET TO A POINT; SOUTH 20 DEGREES WEST 25 FEET TO A POINT; SOUTH 04 DEGREES WEST 25 FEET TO A POINT; SOUTH 13 DEGREES 30 MINUTES EAST 50 FEET TO A POINT; AND SOUTH 20 DEGREES EAST 70 FEET TO A POINT, THE SAME BEING THE SOUTHERNMOST CORNER OF THE TRACT OF LAND DESCRIBED IN A DEED DATED AUGUST 28, 1956, FROM KATIE O’BERRY ET AL TO R.D. BARTON ET UX RECORDED IN BOOK 216, AT PAGE 635; THENCE LEAVING SAID CHURCH ROAD, NORTH 62 DEGREES EAST 120 FEET TO A POINT, THE SAME BEING THE SOUTHWESTERNMOST CORNER OF THE DOHERTY TRACT AS AFORESAID; THENCE RUNNING WITH THE WESTERN LINE OF SAID DOHERTY TRACT NORTH 31 DEGREES 30 MINUTES WEST 182 FEET TO THE POINT OF BEGINNING, CONTAINING 1 LOT AND BEING ALL OF THE LANDS DESCRIBED IN THE AFOREMENTIONED DEED FROM PEARL Y. BARTON TO JANE S. YARNALL (RECORDED IN BOOK 306, AT PAGE 26) LESS AND EXCEPTED THE SMALL PORTION THEREOF PREVIOUSLY CONVEYED BY THE SAID JANE S. YARNALL TO JAMES W. DOHERTY ET UX (DEED RECORDED IN BOOK 382, AT PAGE 617), AND BEING A PART OF THE LANDS DESCRIBED IN THE AFOREMENTIONED DEED FROM KATIE O’BERRY TO R.D. BARTON ET UX RECORDED IN DEED BOOK 216, AT PAGE 635.
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 27th day of October, 2009.
William Richard Boyd, Jr.
Substitute Trustee
474 Mountain Cove Road
Waynesville, North Carolina 28786
34,35e
09 SP 322
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 ROBERT E WILLIS AND JESSICA L WILLIS, HUSBAND AND WIFE to ANDREW KARRES, Trustee(s), which was dated October 27, 2008 and recorded on October 31, 2008 in Book 1772 at Page 94, 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 by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on November 20, 2009 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit:
Being an comprehending a tract of land containing 1.18 acres, more or less, as shown on a map or plat of a survey prepared by L. Stephen Foster, RS, dated August 13, 1980, entitled "Plat of the Donald W. Whitney lands, Hamburg Township, Jackson Co., NC", recorded in plat cabinet 2, slide 625, Jackson County public registry to which reference is hereby made and incorporated herein as if fully set forth.
Being the same lands as conveyed and described by deed dated June 29, 2007 from R. Lawrence Ashe, Jr., et ux, to Mac Rabuffo, recorded in book 1684, page 472, Jackson County public registry.
There is further conveyed to the grantee, his heirs, assigns, executors and administrators, the joint right in and to the use of an easement, fifteen (15) feet in width, for a roadway running from Big Ridge Road, to the lands hereinabove described and conveyed. Being the same easement as conveyed and described by deed dated March 23, 1972 from Wendell Hooper et ux, to Donald W. Whitney, et ux, recorded in book 374, page 536, Jackson County Public Registry, to which reference is hereby made and incorporated herein as if fully set forth, and subject to the conditions and maintenance requirements as set forth therein.
There is further conveyed to the grantee, his heirs, assigns, executors and administrators, well rights and easements appurtenant thereto, as more particularly described by deed dated March 23, 1972 from Wendell Hooper et ux, to Donald W. Whitney et ux, recorded in book 374, page 536, Jackson County Public Registry, to which reference is hereby made and incorporated herein as if fully set forth.
Tax ID# 7575-91-5585
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 4498 Big Ridge Road, Glenville, NC 28736.
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 Robert E. Willis.
An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, EXCEPT IN THE INSTANCE OF BANKRUPTCY PROTECTION. IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
Substitute Trustee
Brock & Scott, PLLC
Jeremy B. Wilkins, NCSB No. 32346
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 09-18911-FC01
34,35e
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
File No: 09 SP 319
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 Big Ridge Partners, LLC, original mortgagor, and recorded in the Office of the Jackson County Register of Deeds in Deed of Trust Book 1562, at Page 766. 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 11:00 a.m. on the 20th day of November, 2009 at the Jackson County Justice and Administration Building door in the City of Sylva, North Carolina.
3.The real property to be sold is generally described as 224.5 acres more or less off SR 1130, Glenville, NC 28736 and described as follows:
TRACT ONE:
Being all of that certain parcel of land containing 203.36 acres, as shown on a plat thereof recorded in Plat Cabinet 11, Slide 621, Jackson County Registry, to which reference is specifically made.
Together with that certain easement from Julianne H. Gardner to R. W. Silc, Trustee, as described in that certain Deed of Easement recorded in Book 984, Page 81, Jackson County Registry, to which reference is specifically made.
Subject to the one hundred (100') foot Nantahala Power and Light Easement described by that certain indenture recorded in Book 279, Page 97, Jackson County Registry, to which reference is specifically made.
Subject to that certain easement for the benefit of Crain (now or formerly) as described in that certain Deed of Easement recorded in Book 984, Page 83, Jackson County Registry, to which reference is specifically made.
Together with and subject to any and all restrictions, conditions, covenants, easements, and rights-of-way of public record.
TRACT TWO:
Being all of that certain 1.64 acre tract of land shown as Parcel "A", as shown on a plat thereof entitled "Plat for Pilot Mountain Associates, Inc., Susan B. Turner, South Coastal Utilities, Inc.", drawn by W. Edward Hall, L.S., Drawing No. 981406, dated June 19, 1998, last revised January 30, 2003, and recorded in Plat Cabinet 12 at Slide 86 of the Jackson County Registry to which reference is hereby specifically made.
Together with and subject to any and all restrictions, conditions, covenants, easements, and rights-of-way of public record.
TRACT THREE:
Being all of Lot 66, Section B, Pilot Mountain, according to the plat thereof prepared by James R. Davenport and Associates, Inc., Registered Land Surveyors, Cullowhee, N.S., recorded in Plat Cabinet 5, Slide 637, Jackson County Registry. This property is conveyed together with the appurtenant right, in common with others, to the use of the roads as portrayed on the plat, from the property above described, to and from the public road, together with all road rights-of-way as shown on Plat 4, Sec. A, recorded in Plat Cabinet 5, Slide 323, Jackson County Registry.
This conveyance is made subject to (a) lien for real estate taxes not yet due and payable, (b) the right of other lot owners to the use of the road portrayed on the plat, and (c) the terms and conditions set forth in the Declaration of Covenants, Conditions and Restrictions relating to Pilot Mountain recorded in the Jackson County Registry. Among other things, the Declaration of Covenants, Conditions and Restrictions referred to above provides for use restrictions, requires membership in Pilot Mountain Homeowners Association, inc., covenants for road maintenance assessments, and reserved easements.
Together with and subject to any and all restrictions, conditions, covenants, easements and rights-of-way of public record.
TRACT FOUR:
Being all of Lot 67, Section B, Pilot Mountain, according to the plat thereof prepared by James R. Davenport and Associates, Inc., Registered Land Surveyors, Cullowhee, NC, recorded in Plat Cabinet 5, Slide 637, Jackson County Registry.
Together with the appurtenant right, in common with others, to the use of the roads portrayed on the plat, from the property above-described, to and from the public road.
Together with all road rights-of-way as shown on Plat 4, Section A, recorded in Plat Cabinet 5, Slide 323, Jackson County Registry.
Subject to the right of other lot owners to the use of the roads portrayed on the plat.
Subject to the terms and conditions set forth in the Declaration of Covenants, Conditions and Restrictions for Pilot Mountain Subdivision recorded in Book 753, Page 96, and as amended in Book 1497, Page 721, Jackson County Registry, to which reference is specifically made.
Together with and subject to any and all restrictions, conditions, covenants, easements, and rights-of-way of public record.
TRACT FIVE:
Being all of Lot 72, Section B, Pilot Mountain, according to the plat thereof prepared by James R. Davenport and Associates, Inc., Registered Land Surveyors, Cullowhee, N.C., recorded in Plat Cabinet 5, Slide 637, Jackson County Registry. Together with all road rights-of-way as shown on Plat 4, Sec. A, recorded in Plat Cabinet 5, Slide 323, Jackson County Registry. This property is conveyed together with the appurtenant right in common with others, to the use of the roads portrayed on the plat of PILOT MOUNTAIN from the property above described, to and from the public road.
This conveyance is subject to (a) lien for real estate taxes not yet due and payable, (b) the right of other lot owners to the use of the roads portrayed on the plat, and (c) the terms and conditions set forth in the Declaration of Covenants, Conditions and Restrictions relating to PILOT MOUNTAIN recorded in the Jackson County Registry. Among other things, the Declaration of Covenants, Conditions and Restrictions referred to above provide for use restrictions, requires membership in PILOT MOUNTAIN HOMEOWNERS ASSOCIATION, INC., covenants for maintenance assessments, and reserved easements.
Together with and subject to any and all restrictions, conditions, covenants, easements, and rights-of-way of public record.
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 21st day of October, 2009.
William Richard Boyd, Jr.
Substitute Trustee
474 Mountain Cove Road
Waynesville, North Carolina 28786
34,35e
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