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Legal Notices
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ESTATE NOTICE TO CREDITORS
The undersigned, having qualified as Executrix of the Estate of MYRTLE V. AUSTIN, deceased of Alexander County, North Carolina, does hereby notify all persons and/or entities having claims against this estate to present said claim to the undersigned Personal Representative at the address shown below on or before July 24, 2013 , or this Notice will be pleaded in bar of recovery. All persons and/or entities which are indebted to said Estate will please make immediate payment to the undersigned at the below-designated address.
This Notice first given, the 24th of April, 2013.
Kim Austin Long,
Executrix for the Estate Of Myrtle V. Austin
170 Cedar Ridge Drive
Taylorsville, NC 28681
ATTORNEY: Edmund L. Gaines,
NCSB # 1573
Homesley, Gaines & Dudley, LLP
316 East Broad Street
Statesville, NC 28677
[704] 873-2172
executrix
may15-13c
ADMINISTRATRIX’S NOTICE
Having qualified as Administratrix CTA of the estate of Nancy Carol Childers, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 24th day of July, 2013, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 17th day of April, 2013.
DEBORAH F. MESSER
1305 Bebber Rd.
Taylorsville, NC 28681
administratrix
may15-13p
ADMINISTRATOR’S NOTICE
Having qualified as Administrator of the estate of Samuel Todd Hefner, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 24th day of July, 2013, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 19th day of April, 2013.
RICHARD LYNN LACKEY
256 Henry Road
Taylorsville, NC 28681
administrator
may15-13p
NOTICE TO CREDITORS
Having qualified as Administratrix of the Estate of Erik Matthew Marlowe, late of Hiddenite, Alexander County, North Carolina, the undersigned does hereby notify all persons, firms, and corporations having claims against the estate of said decedent to exhibit them to Rufus F. Walker, Jr., Attorney At Law, 110 Third Street, NE, Hickory, Catawba County, North Carolina 28601, on or before the 30th day of July 2013, 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 1st day of May, 2013.
Megan L. Marlowe
Administratrix
Estate of Erik Matthew Marlowe
c/o Rufus F. Walker, Jr.
Attorney at Law
110 Third Street, NE
Hickory, NC 28601
administratrix
may22-13p
RE-NOTICE OF FORECLOSURE SALE
NORTH CAROLINA
ALEXANDER COUNTY
Special Proceedings
No. 11 SP 165
Substitute Trustee: Philip A. Glass
Date of Sale: May 21, 2013
Time of Sale: 12:00 p.m.
Place of Sale: Alexander County Courthouse
Description of Property: BEGINNING at an iron set, said· iron being in the common boundary line with. the property of Marty R. Fox and Rayford Fox as shown by Deed recorded in Book 375 at page 644 of the Alexander County Registry, said existing iron also being located North 5° 49’ 51” East 757.94 feet, South 89° 14'35" East 76.51 feet, South 74° 55' 39" East 105.65 feet and South 49° 42'57” East 67.51 feet from an existing railroad spike, said existing railroad spike being the southwestern corner of the property acquired by Lanny Leslie Jolly and Michael Lavon Smith recorded in Book 374 at Page 1100 of the Alexander County Registry; thence from said new iron so located and with the common boundary line with Marty R. Fox as shown by Deed recorded in Book 375 at Page 644, South 49° 42'57" Bast 133.17 feet to a new iron set; thence North 43°13'58" East passing through an angle point set at a distance of 216.91 feet a total distance of 239.41 feet to a calculated point in the center of a 45-foot wide right-of-way easement; thence with the centerline of said 45-foot wide right-of-way easement a curve to the left, said curve having a radius of 430 feet, a chord bearing of North 49° 44'5" West a distance of 47.33 feet to a ca1culated point in the center of said 45-foot wide right-of-way easement; thence another curve to the left, said curve having a radius of 430 feet, chord bearing of North 65°51'52” West, a distance of 194.77 feet to a calculated point; thence leaving said 45-foot wide right-of-way easement South 12° 16'54" West passing through a new iron set at a distance of 22.50 feet a total of 204.43 feet to a new iron set, the point and place of BEGINNING containing 1.00 acres according to survey of Carl D. Bunton, Registered Land Surveyor of the Oakridge Subdivision dated May 6, 1996, revised June 25, 1996, further revised January 24, 1997 and further revised February 4, 1997 and being shown on said survey as all of Lot Number 12 of Block “C” of the Oakridge Subdivision.
THERE IS ALSO CONVEYED HEREWITH TO THE GRANTEES, their heirs, successors and assigns, and reserved unto the Grantors, their heirs, successors and assigns, a 45-foot wide nonexclusive right-of-way for ingress, egress and regress and the placement of either underground or overhead utility lines of all types and water line, the centerline of said 45-foot wide right-of-way easement being described as follows: BEGINNING at the northeastern corner of the above described 1.000 acre tract; thence with the centerline of said 45-foot wide right-of-way easement and a curve to the left, said curve having a radius of 430 feet, a chord bearing of North 49° 44'5" West a distance of 47.33 feet to a calculated point; thence with another curve to the left, said curve having a radius of 430 feet a chord bearing of North 65°51'52" West a distance of 194.77 feet to a calculated point; thence North 78° 50'26” West 260.26 feet to a magnetic nail set in the paved portion of SR 1168. BUT THIS CONVEYANCE IS MADE SUBJECT TO certain Restrictive covenants as the same are set forth in Exihibit "B" attached hereto and incorporated herein by reference. THIS CONVEYANCE IS FURTHER MADE SUBJECT TO said 45-foot wide right-of-way easement as hereinabove described, 22 1/2 feet of which is located within the northern boundary of the subject matter property.
Record Owners: James R. Harding and Myra W. Barlowe
Address of Property: 72 Wilderness Lane, Taylorsville, NC 28681
Deed of Trust: Book : 405 Page: 1935, Dated: November 15, 1999
Grantors: James R. Harding, Sr., Unmarried and Myra W. Barlowe, Unmarried
Original Beneficiary: Great Eastern Financial Services, Inc. CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45¢) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).
This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the sale. 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 Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Residential real property 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 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.
Dated: 4-20-13
Phiilip A. Glass
Substitute Trustee
Nodell, Glass & Haskell, L.L.P.
may15-13c
EXECUTRIX’S NOTICE
Having qualified as Executrix of the estate of Alma Colleen Eckard Keever, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 8th day of August, 2013, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 29th day of April, 2013.
BRENDA J. KEEVER LITTLE
2201 Church Road
Taylorsville, NC 28681
executrix
may29-13p
CO-EXECUTORS’ NOTICE
Having qualified as Co-Executors of the estate of Hazel M. Cook, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 8th day of August, 2013, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 2nd day of May, 2013.
RONALD LEE COOK
3503 Sharpe Mill Rd.
Hiddenite, NC 28636
ATWELL CRAIG COOK
3234 Sharpe Mill Rd.
Hiddenite, NC 28636
executor
may29-13p
ADMINISTRATRIX’S NOTICE
Having qualified as Administratrix of the estate of John Frederick Stewart, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 8th day of August, 2013, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 3rd day of May, 2013.
NANCY JENKINS STEWART
1564 Oak Park Ct.
Iron Station, NC 28080
administratrix
may29-13p
NOTICE TO CREDITORS
NORTH CAROLINA
ALEXANDER COUNTY
All persons, firms and corporations having claims against Dion Kent Ammerman, deceased, of Alexander County, are hereby notified to present them to Janet Rinehart Ammerman, on or before the 7th day of August, 2013, in care of the undersigned attorney, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to Dion Kent Ammerman, please make immediate settlement to the undersigned.
This the 3rd day of May, 2013.
Nancy L. Huegerich
Huegerich & Winger, PLLC
408 Second Avenue NE
Hickory, NC 28601
(828)855-1889 (phone)
(888)506-9063 (fax)
may29-13p
10 SP 176
AMENDED NOTICE OF FORECLOSURE SALE
NORTH CAROLINA,
ALEXANDER COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Amanda R. Davis and husband, Jeffrey S. Davis to The King Law Firm, Trustee(s), which was dated October 22, 2002 and recorded on November 15, 2002 in Book 442 at Page 0924, Alexander County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on May 24, 2013, at 10:00 AM, and will sell to the highest bidder for cash the following described property situated in Alexander County, North Carolina, to wit:
Beginning at an iron pin in the western right of way S.R. 1203 (Lakeside Loop) and in the northern line of Conrad B. Fritz, Sr. (see Book 190, Page 511, Tract 1), and proceeding thence with Fritz's northern line North 79-31-49 West 121.93 feet to an iron pin; corner of James Osborne; thence with Osborne's line North 10-00-44 East 125.09 feet to an iron pin in the southwest corner of J.B. Yancey; thence with Yancey's southern line South 73-28-25 East 178.87 feet to an iron pin in the northeast corner of Conrad B. Fritz, Sr.; thence with Fritz's northern line North 79-31-49 West 22.52 feet to the Beginning and containing approximately 0.431 acre, more or less.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 230 Lakeside Loop, Hickory, NC 28601.
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 Amanda R. Holman aka Amanda R Davis.
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.
Brock & Scott, PLLC
Substitute Trustee
5431 Oleander Drive
Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 10-22741-FC01
10291632
may22-13c
NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF REAL ESTATE
NORTH CAROLINA
ALEXANDER COUNTY
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
13-SP-58
IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF ELTON RAY PARRISH, Grantors,
To: MARK T. ADERHOLD, ESQUIRE, Substitute Trustee,
AS RECORDED IN BOOK 405 AT PAGE 183 OF THE ALEXANDER PUBLIC REGISTRY.
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by ELTON RAY PARRISH and recorded in the Office of the Register of Deeds in Book 405 at Page 183, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court entered in this foreclosure proceeding, the undersigned, MARK T. ADERHOLD, Substitute Trustee, will expose for sale at public auction on the 28th day of May, 2013 at 2:00 PM at the door of the Alexander County Courthouse, Taylorsville, North Carolina, the real property described as follows (including permanent structures, if any, and any other improvements attached to the real property including any mobile home or manufactured home, whether single wide or double wide, located thereon):
BEING all of Lots Nos. 10, 11 and 16 of LITTLE RIVER ESTATES, according to a plat prepared by John C. Vaughn, R.L.S., recorded in Plat Book 5, Page 107, Alexander County Registry, reference to said plat being made for a more particular description of said property.
This property is made subject to the following restrictions which shall run with the land:
A singlewide mobile home or trailer shall not be placed on the lot, although a doublewide mobile home or trailer is permitted.
Grantee agrees that Claude R. Shrum and Billie S. Shrum, their heirs or assigns are not responsible for maintenance of the streets shown of Little River Estates as recorded in Plat Book 5, Page 107, Alexander County Registry.
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owner of the above described real property as reflected on the records of the Alexander County Register of Deeds not more than ten (10) days prior to the posting of this Notice is ELTON RAY PARRISH.
Pursuant to North Carolina General Statutes Section 45-21.10, and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit not to exceed the greater of five percent (5.0%) of the amount of the bid or seven hundred fifty dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In the event the property owner(s) file a bankruptcy petition prior to the expiration of the 10-day upset bid period, an automatic stay of the foreclosure sale will be imposed in accordance with the Bankruptcy Code (11 U.S.C. § 362) and the bidder must pursue relief through the bankruptcy court. Should the property be purchased by a third party, that party must pay the tax of Forty-five Cents ($0.45) per One Hundred Dollars ($100.00) pursuant to N.C.G.S. § 7A-308(a)(1). Please be advised that the Clerk of Superior Court may issue an order for possession of the property pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving this notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of such rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS". Neither the Substitute Trustee nor the holder of the Promissory Note secured by the deed of trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Promissory 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.
This sale will be held open ten (10) days for upset bids as required by law.
This the 3rd day of May, 2013.
MARK T. ADERHOLD
Substitute Trustee
2596 Reynolda Road
Suite C
Winston-Salem, NC 27106
(336) 723-3530
5-15&5-22-13c
ADVERTISEMENT FOR BIDS
Town of Taylorsville
67 Main Avenue Drive
Taylorsville, NC 28681
Separate sealed BIDS for the construction of the Water System Efficiency and Reliability Improvements Project, WIF #1720(approximately 13,500 LF of 8” PVC C909 Waterline, a new booster pump station, improvements to an existing booster pump station, 2 submersible tank mixers and cleaning of 2 tanks, 2 meter vaults, a pressure reducing valve vault, and SCADA system modifications) will be received by the Town of Taylorsville; 67 Main Avenue Drive; Taylorsville, NC 28681 until Wednesday, June 12, 2013 at 2:00 PM and then publicly opened and read aloud in the Taylorsville Town Hall.
The CONTRACT DOCUMENTS may be examined at the following locations:
- West Consultants, PLLC - Morganton, NC
- Associated General Contractors - online at www.CAGC.com
-McGraw-Hill Construction/Dodge - online at www.construction.com/dodge
- Hispanic Contractors Association of the Carolinas (HCAC/iSqFt) - Charlotte, NC
Copies of the CONTRACT DOCUMENTS may be obtained at the office of West Consultants, PLLC, located at 405 South Sterling Street, Morganton, North Carolina 28655, upon payment of $50.00 for each set. Payment is non-refundable. A 5% Bid Bond is required.
A non-mandatory pre-bid conference will be held Thursday, May 23, 2013 at 3:30 P.M. at the Town Hall. The conference will include information to assist bidders in soliciting Minority Business Enterprises.
The Town of Taylorsville encourages small, minority, female and local contractors to bid on this project and is an equal opportunity employer and encourages others to provide equal employment opportunities. The project will be funded through a loan from the NC Drinking Water SRF Program.
David Odom
Date: May 9, 2013
may15-13c
Public Notice
The proposed budget of Smoky Mountain Center for Mental Health, Developmental Disabilities, and Substance Abuse Services for the fiscal year beginning July 1, 2013, will be presented to the governing Board on Thursday, May 23rd, 2013, at the regularly scheduled Board meeting. Public hearing and comments will also be taken at this time. The budget will be available for further public inspection at the following Smoky Mountain Center locations beginning May 28th, 2013. The locations are: 44 Bonnie Lane, Sylva, NC; 825 Wilkesboro Blvd., Lenoir, NC; and 895 State Farm Rd., Suite 507xxxxx, Boone, NC. In addition to these sites, the budget may also be viewed online at www.smokymountaincenter.com. The governing Board will adopt the budget at the regularly scheduled Board meeting on June 27, 2013, at the Renaissance Hotel in Asheville, NC.
jun26-13c
EXECUTOR’S NOTICE
Having qualified as Executor of the estate of Bobbie Mae Burleson Jacques, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 15th day of August, 2013, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 3rd day of May, 2013.
PETER JACQUES
390 River Shoals
Ridge Drive
Taylorsville, NC 28681
executor
jun5-13p
EXECUTOR’S NOTICE
Having qualified as Executor of the estate of Annie Mae Flowers Bennett, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 15th day of August, 2013, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 10th day of May, 2013.
ASA LEE BENNETT
733 7th Street SW
Taylorsville, NC 28681
executor
jun5-13p
NOTICE OF EXECUTOR
NORTH CAROLINA
ALEXANDER COUNTY
The undersigned having qualified as Executor of the Estate of Tony Stevens, Deceased, late of Alexander County, this is to notify all persons, firms, and corporations having claims against the said Estate to present them, duly certified, to the undersigned on or before the 15th day of August, 2013, or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment to the undersigned.
This the 15th day of May, 2013.
Martha Jane Coble, Executor
PO Box 1064
Liberty, NC 27298
CORNE & CILLEY, P.L.L.C.
P. O. Drawer 747
Attorney At Law
Newton, NC 28658
(828) 464-2371
executor
jun5-13c
ADMINISTRATOR’S NOTICE
Having qualified as Administrator of the estate of Nan Elizabeth Mayes, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 15th day of August, 2013, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 14th day of May, 2013.
VICTORIA JONES
2842 Fordwood Dr.
Charlotte, NC 28208
administrator
jun5-13p
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