July 26, 2010
CREDITOR'S NOTICE
Having qualified as Administrator of the Estate of Betty Thorn Alderson, deceased, late of Avery County, North Carolina, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned Administrator, in care of Ryan J. Beadle, Esq., Van Winkle, Buck, Wall, Starnes and Davis, P.A., Attorneys-at-Law, 11 North Market Street, Post Office Box 7376, Asheville, NC 28802, on or before the 22nd day of October, 2010, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.
Betty A. Ingraham, Administrator
Estate of Betty Thorn Alderson
EXECUTRIX'S NOTICE
Having qualified on the 12th day of July, 2010, as Executrix of the estate of Lucille P. Rose, deceased late of Avery County, North Carolina, this is to notify all per-sons, firms and corporations having claims against the decedent to exhibit the same to the undersigned Executrix on or before the 22nd day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the es-tate should make immediate payment.
This the 22nd day of July, 2010.
Nancy R. Queen, Executrix of the
Lucille P. Rose Estate
945 Prison Camp Road
Newland, NC 28657
PUBLIC HEARING
Notice is hereby given that the Village of Sugar Mountain Council will hold a public hearing at the Sugar Mountain Village Hall, located at 251 Dick Trundy Lane, on Tuesday, August 17, 2010 beginning at 5:00 p.m. The purpose of the hearing is to consider comments concerning a request from owners, Hamrick & Associates, to rezone a 4.3 acre parcel of property parcel no. 185710464391 located on Shelter Rock Circle from a R-3 Multi-family residential to a R-2 Single-family residential. Further information is available at Village Hall. Any person wishing to make comments should plan to attend the public hearing.
Nancy L. Henderson, Village Clerk
NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FORSYTH COUNTY 09 CVS 3637
BRANCH BANKING AND TRUST )
COMPANY, )
)
Plaintiff, )
) NOTICE OF SERVICE OF PROCESS
vs. ) BY PUBLICATION
)
BRIAN ALBANO, ADRIANA M. )
ALBANO, and RAY ALBANO, )
)
Defendants.
_________________________________________
TO: BRIAN ALBANO:
TAKE NOTICE that a Complaint seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought in the Complaint is as follows:
1. That Plaintiff Branch Banking and Trust Company ("BB&T") have and recover of you a sum certain consisting of principal in the amount of $56,130.54, plus accrued interest as of February 23, 2009 in the amount of $7,680.16, plus interest continuing to accrue from and after February 23, 2009 at the rate of $12.86 per day through the date of judgment, and at the legal rate thereafter, as set forth in the Promissory Note executed by Brian and Adrianna Albano on or about August 30, 2005;
2. That BB&T recover costs of this action, including without limitation, reasonable attorneys' fees, pursuant to N.C. Gen. Stat. § 6-21.2, in the amount of $9,592.82, being 15% of the principal and interest owed at the time of the filing of the Complaint in this action); and,
3. That BB&T be provided such other relief as is necessary and just.
You are required to make defense to such Complaint no later than August 24, 2010, and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.
This the _____ day of July, 2010.
OF COUNSEL:
BELL, DAVIS & PITT, P.A.
100 North Cherry Street, Suite 600
Post Office Box 21029
Winston-Salem, NC 27120-1029
Telephone: (336) 722-3700
_____________________________________
BRADLEY C. FRIESEN
N.C. State Bar No. 28526
COLLEEN L. BYERS
N.C. State Bar No. 38067
Attorneys for Plaintiff
IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
AVERY COUNTY
10sp20
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY STEPHEN R. FARFOUR AND GINA B. FARFOUR DATED SEPTEMBER 26, 2005 AND RECORDED IN BOOK 394 AT PAGE 3318 IN THE AVERY COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE
Under and by virtue of the power and authority contained in the above- referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 1:30 PM on August 9, 2010 the following described real estate and any other improvements which may be situated thereon, in Avery County, North Carolina, and being more particularly described as follows:
Being all of Lot 24, The Highlands Subdivision, Banner Elk, North Carolina, which is described on a survey which is titled "The Highlands - a Development by the Highlands Partnership". This survey was prepared by Robert E. Grindstaff, RLS L-1294, on June 25, 1982, is surveyor's map #682121-1 and is of record in the Avery County Register of Deeds in Book 18 of Maps, at Page 32. The description from the survey is included in and made a part of this document as if fully set out in this document.
This property shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions which are fully described in the Declaration of Covenants and Restrictions for the Highlands, its attachments exhibits and amendments (the "Restrictive Covenants"). The Restrictive Covenants are dated the 1st day of December, 1987, and are recorded in Book 235 of Deeds at Page 1323 of the Avery County, North Carolina Public Registry, which restrictions are incorporated herein by reference as if fully set out.
And Being more commonly known as: 128 Glendale Pl, Banner Elk, NC 28604
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Stephen R. Farfour and Gina B. Farfour.
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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is July 9, 2010.
10-000907
Grady I. Ingle Or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
NOTICE OF FORECLOSURE SALE
10 SP 78
Under and by virtue of the power of sale contained in a certain Deed of Trust made by James M. Randall, Jr. and Wanda P. Randall to M. Patricia Oliver, Trustee(s), dated the 27th day of February, 2008, and recorded in Book 423, Page 1867, in Avery 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 Avery 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 Newland, Avery County, North Carolina, or the customary location designated for foreclosure sales, at 3:00 PM on August 6, 2010 and will sell to the highest bidder for cash the following real estate situated in the County of Avery, North Carolina, and being more particularly described as follows:
The Property ("Property") is Unit 1808, in Sugar Top Resort Condominium, also known as 303 Sugar Top Drive, #2808, Sugar Mountain, NC 28604, a condominium which is more fully described in the Declaration of Unit Ownership for Sugar Top Resort, and its attachments, exhibits, and amendments (the "Declaration") The Declaration is dated October 10, 1983, and is recorded in Book 146 of Deeds, at Page 402 (amended in Book 173, at Page 936, Book 174, at Page 335, Book 198, at Page 756, and Book 200, at Page 370), and Book 4 of Condominiums, at Page 16 (amended in Book 4, at Page 17, and Book 6, at Page 6), of the Avery County, North Carolina, Public Registry, The Declaration is included in and made a part of this document as if fully set out in this document. Including the unit located thereon; said unit being located at 303 Sugar Top Drive, Unit 2808, Banner Elk, 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 13th day of July, 2010.
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: 1036025
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION
AVERY COUNTY 10 SP 80
IN THE MATTER OF THE FORECLOSURE OF
THE DEED OF TRUST OF ZACHARY T. YARNOT,
Grantor(s),
To:
TRSTE, INC., TRUSTEE, AND WACHOVIA BANK,
NATIONAL ASSOCIATION, BENEFICIARY,
As recorded in Deed of Trust Book 412, Page 1178, re-recorded at Book 414, Page 786, Avery County Registry.
See Substitution of Trustee as recorded in Deed Book 447, Page 974, Avery County Registry, appointing Richard J. Kania as Substitute Trustee.
NOTICE OF SALE OF REAL ESTATE BY SUBSTITUTE TRUSTEE
TO:
Zachary T. Yarnot
712 Georgie Street
Troutman, NC 28166
Unknown Spouse of Zachary T. Yarnot
712 Georgie Street
Troutman, NC 28166
Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to Wachovia Bank, National Association, dated March 12, 2007, filed for record on March 14, 2007, securing indebtedness in the original principal amount of $137,204.85 as recorded in Deed of Trust Book 412 at Page 1178, and re-recorded at Book 414, Page 786, Avery County Registry (hereinafter, the "Deed of Trust"), and because of the default of in the payment of the indebtedness thereby secured and the failure of to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Avery County, North Carolina, entered in this foreclosure proceeding, the undersigned, Richard J. Kania, Substitute Trustee, will expose for sale at public auction on August 13, 2010 at 11:00 A.M. at the usual place of sale as designated by the Clerk of Court for foreclosure sales at the Avery County Courthouse, Newland, North Carolina, the real property in Banner Elk Township, Avery County, North Carolina (including any improvements thereon), with the address of Lot 91, Sugar Pointe, Green Cliffs Road, Banner Elk, NC 28604, and as described in the attached Exhibit A hereto.
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 County Register of Deeds not more than ten (10) days prior to the posting of this Notice is:
Zachary T. Yarnot
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 County Clerk of Superior Court.
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 the 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.
Pursuant to N.C.Gen.Stat. § 45¬-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per cent (5%) percent of the amount 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 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 the time, he shall remain liable on his bid as provided for in N.C.Gen.Stat. § 45-21.30 (d) and (e).
This sale will be held open ten (10) days for upset bids as required by law.
This the 7th day of June, 2010.
Richard J. Kania
Substitute Trustee
600-A Centrepark Drive
Asheville, North Carolina 28805
(828) 252-8010
EXHIBIT A
BEING all of Lot 91 of Sugar Pointe at Cloud Spring Park, as per plat thereof recorded in Map Book 40, Page 86, Avery County Registry, to which reference is made for a more perfect description.
NOTICE OF FORECLOSURE SALE
10 SP 81
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Donald Sam Dawson and wife, Cheryl A. Lincoln (PRESENT RECORD OWNER(S): Donald Sam Dawson) to Jerone C. Herring, Trustee(s), dated the 16th day of April, 1999, and recorded in Book 317, Page 880, in Avery 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 Avery 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 Newland, Avery County, North Carolina, or the customary location designated for foreclosure sales, at 3:00 PM on August 6, 2010 and will sell to the highest bidder for cash the following real estate situated in the County of Avery, North Carolina, and being more particularly described as follows:
BEGINNING at an iron set in the eastern boundary of Ruffin Street (NCSR 1349), corner for Jerry Harmon (see Deed Book 96, at Page 881) and running along an with the line of Jerry Harmon due East 79.50 to an iron; thence along and with a line of a 0.17 acre parcel due East 70.50 feet to an iron found in the western boundary of a 25' wide private alley; thence running along and with the western boundary of said private alley due South 88.53 feet to an iron set; thence leaving the boundary of said private alley and running along and with the line of a 0.35 acre parcel due West 150.00 feet to an iron set in the eastern boundary of the said Ruffin Street; thence leaving the line of said 0.35 acre parcel and running due North 88.53 feet to the point of BEGINNING, containing 0.30 acres as shown by plat of survey prepared by Michael M. Lacey, Registered Land Surveyor, L-1497, dated January 27, 1999, being entitled Survey Prepared For Jerry L. Clark and wife, Karen K. Clark and being Map #99-01-27-018. Together with improvements located thereon; said property being located at 86 Ruffin Road, Linville, 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 13th day of July, 2010.
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: 1036292
