• Date: Monday, April 14th

    THEMOUNTAIN PURCHASING COOPERATIVE hereby also known as Ashe,Avery, Alleghany and Watauga County Schools Child Nutrition Programsare now accepting proposals for the 2014-2015 school year on thefollowing products: Ice Cream products. Sealed bids will be opened onTuesday, April 30th, 2014 at 10:00 A.M. in the AveryCounty Schools Central Services office, located at 775 CranberryStreet, Newland, NC 28657. Interested parties should contact TammyWoodie, Child Nutrition Director, Avery County Schools at (828)733-6006 for an RFP Packet and further information. The Avery,Ashe, Alleghany, Watauga County Child Nutrition Programs are an equalopportunity provider.



  • Date: Monday, April 14th

    WAMYCOMMUNITY ACTION, INC. IS ACCEPTING NOMINEES for a low-incomerepresentative from Avery County on the Board of Directors.  Nomineesmust be low-income or be able to represent the low-income communitythrough firsthand experience and/or direct knowledge of thechallenges facing the low-income population. They must be 18 years orolder, reside in Avery County, and be able to regularly attend boardmeetings and actively participate in the development, planning,implementation and evaluation of WAMY programs.  Nominees will beelected at a public hearing to be held on  April 21, 2014 at 4:00p.m. at the Avery County WAMY     office located at 723 CranberryStreet, Newland, NC.



  • Date: Monday, April 14th

    Enclosure
    INTHE GENERAL COURT
    OFJUSTICE
    OFNORTH CAROLINA
    SUPERIORCOURT DIVISION
    AVERYCOUNTY
    13SP 116
    INTHE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BYARTHURENE E. TOLLEY DATED MAY 20, 2009 AND RECORDED IN BOOK 437 ATPAGE 2490 IN THE AVERY COUNTY PUBLIC REGISTRY, NORTH CAROLINA
    NOTICEOF SALE
    Underand by virtue of the power and authority contained in theabove-referenced deed of trust and because of default in the paymentof the secured indebtedness and failure to perform the stipulationand agreements therein contained and, pursuant to demand of the ownerand holder of the secured debt, the undersigned substitute trusteewill expose for sale at public auction to the highest bidder for cashat the usual place of sale at the county courthouse of said countyat 10:30AM on April 30, 2014 the following described realestate and any other improvements which may be situated thereon, inAvery County, North Carolina, and being more particularly describedas follows:

    BEGINNINGon an iron pin, corner of S. B. Burleson and Edd Hutcheson (now orformerly) and running with the Burleson line South 38 degrees 10minutes East 180.97 feet to an iron in the margin of NCSR #1144;thence South 38 degrees 10 minutes East 10 feet 10 a point in thecenter of NCSR #1144; thence with the centerline of NCSR #1144 thefollowing courses and distances: South 42 degrees 58 minutes West46.72 feet; South 41 degrees 29 minutes West 223.65 feet; South 38degrees 12 minutes West 141.00 feet to a point in center of NCSR#1144, in the line of Frank W. Clark; thence the Frank W. Clark lineNorth 69 degrees 19 minutes West 186.52 feet to an iron stake, cornerof Phil Johnson and Jack Wiseman in the Frank W. Clark line; thence anew line through the Johnson and Wiseman property the followingcourses and distances: North 4 degrees 16 minutes East 99.86 feet toan iron in the fence; North 30 degrees 48 minutes East 79.09 feet toan iron in fence; North 24 degrees 27 minutes East 117.90 feet to aniron: North 83 degrees 58 minutes West 106.69 feet to an iron andNorth 2 degrees 51 minutes East 145.73 feet to an iron in the EddHutcheson (now or formerly) line; thence with the Hutcheson lineSouth 83 degrees 54 minutes East 327.66 feet 10 the point ofBEGINNING. Containing 3.274 acres by D.M.D. as surveyed by Robert E.Grindstaff. RLS L-1294. July 6, 1970.

    EXCEPTINGAND RESERVING from the above described tract, that certain tractconveyed to Clyde McClain by deed dated October 3. 1978, and onrecord in the Avery County Registry in Book 110-1212, containing2.407 acres, more or less.

    ANDBEING MORE COMMONLY KNOWN AS: 320 ARLAN FRANKLIN RD, NEWLAND, NC28657

    Therecord owner(s) of the property, as reflected on the records of theRegister of Deeds, is/are Arthurene Elizabeth Tolley.

    Theproperty to be offered pursuant to this notice of sale is beingoffered for sale, transfer and conveyance "AS IS, WHERE IS."Neither the Trustee nor the holder of the note secured by the deed oftrust, being foreclosed, nor the officers, directors, attorneys,employees, agents or authorized representative of either Trustee orthe holder of the note make any representation or warranty relatingto the title or any physical, environmental, health or safetyconditions existing in, on, at or relating to the property beingoffered for sale.  Any and all responsibilities or liabilitiesarising out of or in any way relating to any such condition expresslyare disclaimed.  This sale is made subject to all prior liens andencumbrances, and unpaid taxes and assessments including but notlimited to any transfer tax associated with the foreclosure.  Adeposit of five percent (5%) of the amount of the bid or sevenhundred fifty dollars ($750.00), whichever is greater, is requiredand must be tendered in the form of certified funds at the time ofthe sale.  This sale will be held open ten days for upset bids asrequired by law. Following the expiration of the statutory upsetperiod, all remaining amounts are IMMEDIATELY DUE AND OWING.Failure to remit funds in a timely manner will result in aDeclaration of Default and any deposit will be frozen pending theoutcome of any re-sale. If the sale is set aside for any reason, thePurchaser at the sale shall be entitled only to a return of thedeposit paid.  The Purchaser shall have no further recourseagainst the Mortgagor, the Mortgagee, the Substitute Trustee or theattorney of any of the foregoing.
     SPECIALNOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in theproperty, be advised that an  Order for Possession of the propertymay be issued in favor of the purchaser.  Also, if your lease beganor was renewed on or after October 1, 2007, be advised that you mayterminate the rental agreement upon 10 days written notice to thelandlord.  You may be liable for rent due under the agreementprorated to the effective date of the termination.

    Thedate of this Notice is April 9, 2014.

    GradyI. Ingle or Elizabeth B. Ells 
    SubstituteTrustee
    10130Perimeter Parkway, Suite 400
    Charlotte,NC 28216
    (704)333-8107
    http://shapiroattorneys.com/nc/
    13-055102
    Posted: __________________
    By: __________________



  • Date: Monday, April 14th

    14-SP-12AMENDED NOTICE OF SUBSTITUTE TRUSTEE'S FORECLOSURE SALE OF REALPROPERTY Under and by virtue of the power and authority containedin that certain Deed of Trust executed and delivered by John E. Cromaka John Crom and Ruth I. Crom aka Ruth Crom, dated January 29, 2007and recorded on February 2, 2007 in Book No. 411 at Page 100 in theOffice of the Register of Deeds of Avery County, North Carolina; andbecause of default in the payment of the indeb­tedness securedthereby and failure to carry out and perform the stipulations andagreements contained therein and, pursuant to demand of the holder ofthe indebted­ness secured by said Deed of Trust, the under­signedSubstitute Trustee will place for sale, at public auction, to thehighest bidder for cash at the usual place of sale at Avery CountyCourthouse, Newland, North Carolina on April 30, 2014 at 11:00AM that parcel of land, including improvements thereon, situated,lying and being in the City of Elk Park, County of Avery, State ofNorth Carolina, and being more particularly described in the abovereferenced Deed of Trust.     Address of property: 6 Billy GoatBluff, Elk Park, NC 28622. Tax Parcel ID: 18390022010800000Present Record Owners: John E.  Crom aka John Crom and Ruth I. Cromaka Ruth Crom The terms of the sale are that the real propertyhereinbefore described will be sold for cash to the highest bidder. Adeposit of five percent (5%) of the amount of the bid or SevenHundred Fifty Dollars ($750.00), whichever is greater, is requiredand must be tendered in the form of certified funds at the time ofthe sale. The successful bidder shall be required to pay revenuestamps on the Trustee's Deed, any Land Transfer Tax and costs ofrecording the Trustee's Deed. The real property hereinabove describedis being offered for sale "AS IS, WHERE IS" and willbe sold subject to all superior liens, unpaid taxes, and specialassessments.  Other conditions will be announced at the sale. Thesale will be held open for ten (10) days for upset bids as by lawrequired. If for any reason the Trustee is unable to convey title tothis property or the sale is set aside, the sole remedy of thepurchaser is the return of the deposit. Furthermore, if the validityof the sale is challenged by any party, the Trustee, in its solediscretion, if it believes the challenge to have merit, may declarethe sale to be void and return the deposit. In either event thepurchaser will have no further recourse against the Mortgagor, theMortgagee, the Mortgagee's attorney or the Trustee. Additional NoticeWhere the Real Property is Residential With Less Than 15 RentalUnits: An order for possession of the property may be issued pursuantto G.S. 45-21.29 in favor of the purchaser and against the party orparties in possession by the clerk of superior court of the county inwhich the property is sold. Any person who occupies the propertypursuant to a rental agreement entered into or renewed on or afterOctober 1, 2007, may, after receiving the notice of sale, terminatethe rental agreement upon 10 days' written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rentdue under the rental agreement prorated to the effective date of thetermination. Any person who occupies the property pursuant to a bonafide lease or tenancy may have additional rights pursuant to TitleVII of 5.896 - Protecting Tenants at Foreclosure Act which becameeffective on May 20, 2009. Rogers Townsend & Thomas, PC,Substitute Trustee (803)744-4444, 113470-01113 P1089127 4/17,04/24/2014



  • Date: Monday, April 14th

    STATEOF NORTH CAROLINA
    AVERYCOUNTY
    INTHE GENERAL COURT
    OFJUSTICE
    SUPERIORCOURT DIVISION
    BEFORETHE CLERK
    ESTATEFILE 14 E 53
    EXECUTRIXNOTICE
    Havingqualified as Executrix in the Estate of BETTY VANCE DRAUGHON,deceased of Avery County, North Carolina, this is to notify allpersons having claims against the Estate of said BETTY VANCEDRAUGHON to present them to the undersigned on or before July 11,2014 or this notice will be placed in bar of their recovery. Allpersons, firms, and corporations indebted to said Estate will pleasemake immediate payment.
    Thisthe 2 day of April, 2014.

    Holly Draughon Cattanach
    181 Carrier Street
    Asheville, NC 28806



  • Date: Monday, April 14th

    STATEOF NORTH CAROLINA
    AVERYCOUNTY
    INTHE GENERAL COURT
    OFJUSTICE
    SUPERIORCOURT DIVISION
    BEFORETHE CLERK
    14E 49
    ADMINISTRATOR'SNOTICE
    Havingqualified as Administrator of the Estate of THOMAS JOHN WERNICKE,deceased, of North Charleston, South Carolina, this is to notify allpersons having claims against the Estate of said THOMAS JOHN       WERNICKE, TO PRESENT them to the undersigned on or before July10, 2014 or this notice will be placed in bar of their recovery. Allpersons, firms, and corporations indebted to said Estate will pleasemake immediate payment.
     Thisthe 7th day of April, 2014

    James Wernicke
    11 Kelly Lynn Drive
    Sandia Park, NM 87047

    AnthonyS. di Santi, Esq.
    diSanti Watson Capua Wilson & Garrett, PLLC
    POBox 193
    Boone,NC 28607



  • Date: Monday, April 14th

    Townof Banner Elk
    Noticeof Public Hearing

    Subject:Water and Wastewater Rates

    TheBanner Elk Town Council has scheduled a Public Hearing in order togive citizens the opportunity to comment on proposed changes to theWater and Wastewater Utility Rates.
    ThePublic will be heard on April 14th, 2014 at 6:00pm. The publichearing will be held during the regular meeting of the Banner ElkTown Council, with the meeting location being the Banner Elk TownHall.
    Proposedchanges can viewed at http://www.townofbannerelk.org or by visitingtown hall.

    Steven Smith
    Finance Officer/Clerk
    Town of Banner Elk, N.C.



  • Date: Monday, April 14th

    Date: March 25, 2014
    Havingqualified on March 25, 2014 as Administratrix of the Estate of DONALDWESLEY KINCAID, deceased, late of  Avery County, North Carolina,this is to notify all persons, firms, and corporations having claimsagainst the deceased to exhibit the same to the undersigned on orbefore July 3, 2014, or this notice will be pleaded in bar of theirrecovery. All persons, firms, and corporations indebted to the Estateshould make immediate payment.

    JaniceT. Holden,
    Administratrixof The Estate of
    DonaldWesley Kincaid
    35Twin Springs Drive
    Brevard,NC 28712

    C.L. Hughes, III, Attorney for
    TheEstate of
    DonaldWesley Kincaid
    P.O. Box 1416
    Newland,NC 28657



Copyright © 2014, The Avery Journal-Times
http://averyjournal.com