THEPUBLICWILLTAKE NOTICEThe Banner Elk Board ofAdjustment will hold a hearing on a request for a Conditional UsePermit on Monday, 20 May, 2013 at 6:00 pm at the Banner Elk TownCouncil Chambers.  The application is fora Conditional Use Permit for a Micro-Brewery in a Commercial ZoningDistrict.    The application is onfile at the Banner Elk Town Hall for public inspection from 8:00 amuntil 4:30 pm, weekdays.

NORTHCAROLINA
AVERYCOUNTY
INTHE GENERAL COURT
OFJUSTICE
SUPERIORCOURT DIVISION
BEFORETHE CLERK
13SP 23

INTHE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF LARRY DEANAUSTIN, and wife, TAMMY B. AUSTIN,
                 Mortgagor,
                        to
WILLIAMB. COCKE, JR., Trustee; JEFFREY A. TAYLOR, Substitute Trustee, BOOKRE 473, page 66

FIRSTNATINAL BANK,

MORTGAGEE,
DATEDFEBRUARY 25, 2009, RECORDED IN BOOK RE 435, AT PAGE 167.
SECURINGTHE ORIGINAL AMOUNT OF $200,000

NOTICEOF
FORECLOSURESALE
Underand by virtue of the power of sale contained in that certain Deed ofTrust executed by LARRY DEAN AUSTIN and wife, TAMMY B. AUSTIN,described above, in the Avery County Public Registry; default havingbeen made in the payment of the indebtedness thereby secured and thesaid Deed of Trust being by the terms thereof subject to foreclosure;and the holder of the indebtedness thereby secured having demanded aforeclosure thereof for the purpose of satisfying said indebtedness;and under and by virtue of an order entered in the within entitledand numbered action by the Clerk of Superior Court of Avery County,North Carolina on the 30th day of April, 2013, the undersignedTrustee will offer for sale at public auction to the highest bidderfor cash at the Courthouse door in Newland, North Carolina at12:00 p.m. on Thursday the 30th day of May, 2013, the landconveyed in said Deed of Trust, the same lying and being in AveryCounty, North Carolina, and being more particularly described asfollows:

BEINGLot No. 8 of GRANDMOTHER MOUNTAIN, as shown on a map thereof,recorded in Plat Map Book 37, at page 49, in the office of theRegister of Deeds for Avery County.

THISPROPERTY HAS THE ADDRESS OF:
Parcel185500816843
GMPLittle Bald Mt. Lot 8
Linville,NC 28646

Thissale is made subject to all outstanding and unpaid Avery County andany city or town ad valorem property taxes as well as any and allother prior liens, defects and encumbrances involving said property,as well as a Clerk's fee of $.45 per $100 on the purchase price.

Noticeis further hereby given that the successful bidder will be requiredto make a cash deposit not to exceed the greater of five percent (5%)of the amount of the bid or seven hundred fifty dollars ($750.00).

Noticeis further hereby given that the sale will be conducted pursuant toand subject to all of the provisions of Chapter 45, as amended, ofthe General Statutes of North Carolina.

Noticeis given that an order for possession of the property may be issuedpursuant to N.C.G.S. §45-21.29 in favor of the purchaser andagainst the party or parties in possession by the Clerk of SuperiorCourt of the County in which the property is sold.

Anyperson who occupies the property pursuant to a rental agreemententered into or renewed on or after October 1, 2007, may, afterreceiving notice of sale, terminate the rental agreement upon 10days' written notice to the landlord.  Upon termination of any suchrental agreement, the tenant is liable for rent due under the rentalagreement to the effective date of the termination.
 Thisthe 30th day of April, 2013.

By:_______________
JeffreyA. Taylor, Substitute Trustee
(704)740-5643

THEPUBLICWILLTAKE NOTICEThe Banner Elk Board ofAdjustment will hold a hearing on a     request for a Conditional Use Permit on Monday, 20 May, 2013 at 6:00 pm at the Banner Elk TownCouncil Chambers.The application is fora Conditional Use Permit for an Incubator in the M/E Zoning District.The application is onfile at the Banner Elk Town Hall for public  inspection from 8:00 amuntil 4:30 pm, weekdays.

NORTHCAROLINA
AVERYCOUNTY
SpecialProceedings No.
12SP 116
SubstituteTrustee:
PhilipA. Glass
RE-NOTICE
OFFORECLOSURE SALE

Dateof Sale: May 28, 2013
Timeof Sale: 1:00 p.m.
Placeof Sale: Avery County Courthouse
Descriptionof Property:
SeeAttached Description
RecordOwners: Matthew J. Gouge and Wendy E. Snyder
Addressof Property: 24 C     Laurel Drive
BannerElk, NC 28604

Deedof Trust:
Book:417 Page: 3235
Dated:August 30, 2007
Grantors:Matthew J. Gouge and Wendy Snyder
OriginalBeneficiary: Local Government Federal Credit Union CONDITIONS OFSALE: Should the property be purchased by a third party, that personmust pay the tax of Forty-five Cents (45¢) per One HundredDollars ($100.00) required by N.C.G.S. §7A-308(a)(1).

Thissale is made subject to all unpaid taxes and superior liens orencumbrances of record and assessments, if any, against the saidproperty, and any recorded leases. This sale is also subject to anyapplicable county land transfer tax, and the successful third partybidder shall be required to make payment for any such county landtransfer tax.

Acash deposit of 5% of the purchase price will be required at the timeof the sale. Any successful bidder shall be required to tender thefull balance of the purchase price so bid in cash or certified checkat the time the Substitute Trustee tenders to him a deed for theproperty or attempts to tender such deed, and should said successfulbidder fail to pay the full balance purchase price so bid at thattime, he shall remain liable on his bid as provided for in NorthCarolina General Statutes Section 45-21.30 (d) and (e).  This salewill be held open ten (10) days for upset bids as required by law.

Residentialreal property with less than 15 rental units: an order for possessionof the property may be issued pursuant to G.S. 45-21.29 in favor ofthe purchaser and against the party or parties in possession by theclerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreemententered into or renewed on or after October 1, 2007, may, afterreceiving notice of sale, terminate the rental agreement upon 10days' written notice to the landlord.  Upon termination of a rentalagreement, the tenant is liable for rent due under the rentalagreement prorated to the effective date of the termination.
Dated:4/3/13

PhilipA. Glass, Substitute Trustee
Nodell,Glass & Haskell, L.L.P.
Postedon 4/30/13

EXHIBIT“A”
BEINGall of Unit C, in Building 52 of Ski Country Condominium according tothe Declaration of Unit Ownership for Ski Country Condominium, andits attachments, exhibits, and amendments, thereof recorded in DeedBook 139, Page 981, Book of Maps 18, at Page 117, and CondominiumBook 4, Page 09, of the Avery County, North Carolina, Public Registryand as amended by Amended in Deed Book 160, at Page 299, Deed Book161, at Page 920 and Deed Book 167, at Page 15 and Condo Book 5, atPage 18, together with the appurtenant undivided interest in thecommon areas and facilities of said condominium as is set out in thesaid Declaration and any subsequent amendments thereto.  TheDeclaration is included in and made a part of this document as iffully set out in this document.

Thiscondominium unit herein conveyed is also known and shown as “TheLaurel” in Condominium Book 5, at Page 15.

NORTHCAROLINA
AVERYCOUNTY
INTHE GENERAL COURT
OFJUSTICE
DISTRICTCOURT DIVISION
13CVD 108

AVERYCOUNTY,
NORTHCAROLINA, A Body Politic,
              Plaintiff,
                    vs.
JOSIAHLAFAYETTE WISEMAN and wife, EVA WISEMAN, all assignees, heirs at law,and devisees of Josiah Lafayette Wiseman and/or Eva Wiseman, ifdeceased, together with all his/her creditors or lienholdersregardless of how or through whom they claim, and any and all suchpersons claiming any interest in the Estate of Josiah LafayetteWiseman and/or Eva Wiseman, if deceased,
             Defendants.

NOTICEOF SERVICE OF PROCESS BY PUBLICATION

TO:JOSIAH LAFAYETTE WISEMAN and wife, EVA WISEMAN, UNKNOWN HEIRS OF EVAWISEMAN:

TAKENOTICE that a pleading seeking relief against you has been filed inthe above entitled action. The nature of the relief being sought isas follows:

Asaction for Tax Foreclosure.

Youare required to make defense to such pleadings no later than the 11thday of June, 2013, said date being 40 days from the first date ofpublication of this Notice and upon your failure to do so, the partyseeking service against you will apply tot he Court of the reliefsought.

ThisNotice is made pursuant to G.S. 1A-1, Rule 4 of the General Statuesof North Carolina.
  Thisthe 29th day of April, 2013.

Harrison& Poore, PA
By:___________________
MichaellePoore
Attorneyfor Avery County
POBox 850
Newland,NC 28657
828-733-3802
Facsimile828-737-9009

13SP 29
NOTICEOF
FORECLOSURESALE
NORTHCAROLINA,
AVERYCOUNTY
Underand by virtue of a Power of Sale contained in that certain Deed ofTrust executed by Mark Guidroz and Shirley Guidroz to William R.Echols, Trustee(s), which was dated February 22, 2010 and recorded onMarch 1, 2010 in Book RE 445 at Page 1435, Avery County Registry,North Carolina.

Defaulthaving been made of the note thereby secured by the said Deed ofTrust and the undersigned, Trustee Services of Carolina, LLC, havingbeen substituted as Trustee in said Deed of Trust, and the holder ofthe note evidencing said default having directed that the Deed ofTrust be foreclosed, the undersigned Substitute Trustee will offerfor sale at the courthouse door of the county courthouse where theproperty is located, or the usual and customary    location at thecounty courthouse for conducting the sale on May 29, 2013 at10:00AM, and will sell to the highest bidder for cash thefollowing described property situated in Avery County, NorthCarolina, to wit:

Thefollowing described property:
Allthat certain lot of parcel of land situated in the City of BeechMountain, Avery County, North Carolina and more particularlydescribed as follows:

Beingall of Unit 4 of Building 1 in Klonteska Condominium according to theDeclaration of Condominium thereof recorded in Deed Book 384, at Page2778 and Condominium Book 7, Page 1, the Avery County, NorthCarolina, Public Registry together with the appurtenant undividedinterest in the common areas and facilities of said Condominium as isset forth in the said Declaration and any subsequent amendmentsthereto. The Declaration is included in and made a part of thisdocument as if fully set out in this document.

Saveand except any releases, deeds of release or prior conveyances ofrecord.

Saidproperty is commonly known as 3441 South Beech Mountain Parkway,Unit A4, Banner Elk, NC 28604.

Thirdparty purchasers must pay the excise tax, and the court costs ofForty-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 FiftyDollars ($750.00), whichever is greater, will be required at the timeof the sale.  Following the expiration of the statutory upset bidperiod, all the remaining amounts are immediately due and owing.

Saidproperty to be offered pursuant to this Notice of Sale is beingoffered for sale, transfer and conveyance "AS IS WHERE IS." There are no representations of warranty relating to the title orany physical, environmental, health or safety conditions existing in,on, at, or relating to the property being offered for sale.  Thissale is made subject to all prior liens, unpaid taxes, any unpaidland 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, thecurrent owner(s) of the property is/are Mark Guidroz and wife,Shirley Guidroz.

AnOrder 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 partiesin possession by the clerk of superior court of the county in whichthe property is sold.  Any person who occupies the property pursuantto a rental agreement entered into or renewed on or after October 1,2007, may, after receiving the notice of sale, terminate the rentalagreement upon 10 days' written notice to the landlord.  The noticeshall also state that upon termination of a rental agreement, thetenant is liable for rent due under the rental agreement prorated tothe effective date of the termination.

Ifthe trustee is unable to convey title to this property for anyreason, the sole remedy of the purchaser is the return of thedeposit.  Reasons of such inability to convey include, but are notlimited to, the filing of a bankruptcy petition prior to theconfirmation of the sale and reinstatement of the loan without theknowledge of the trustee.  If the validity of the sale is challengedby any party, the trustee, in their sole discretion, if they believethe challenge to have merit, may request the court to declare thesale to be void and return the deposit.  The purchaser will have nofurther remedy.

TrusteeServices of Carolina, LLC
SubstituteTrustee
Brock& Scott, PLLC
Attorneysfor Trustee Services of Carolina, LLC
5431Oleander Drive Suite 200
Wilmington,NC 28403
PHONE:(910) 392-4988
FAX:(910) 392-8587
FileNo.: 13-03237-FC01
103132495/16, 5/23

NOTICEOF
FORECLOSURESALE
13SP 30
Underand by virtue of the power of sale contained in a certain Deed ofTrust made by Billy Frank Swicegood and Elizabeth F. Swicegood BillyFrank Swicegood (deceased) to Jimmy Reeves, Trustee(s), dated the26th day of July, 2007, and recorded in Book 416, Page 3404, andModification in Book RE 444, Page 1934, in Avery County Registry,North Carolina, default having been made in the payment of the notethereby secured by the said Deed of Trust and the undersigned,Substitute Trustee Services, Inc. having been substituted as Trusteein said Deed of Trust by an instrument duly recorded in the Office ofthe Register of Deeds of Avery County, North Carolina and the holderof the note evidencing said indebtedness having directed that theDeed of Trust be foreclosed, the undersigned Substitute Trustee willoffer for sale at the courthouse door in the City of Newland,Avery County, North Carolina, or the customary locationdesignated for foreclosure sales, at 3:00 PM on May 24, 2013and will sell to the highest bidder for cash the following realestate situated  in the County of Avery, North Carolina, and beingmore particularly described as follows:
ALLTHAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN BANNER ELK TOWNSHIP,AVERY COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED ASFOLLOWS: BEGINNING AT AN IRON FOUND IN THE LINE OF RUTH WOOTEN (NOWOR FORMERLY) AND COMMON CORNER TO BOB HARMON, THENCE WITH THE RUTHWOOTEN LINE (NOW OR FORMERLY) S 35° 00' E 242.50 FEET TO A POINTIN THE CENTER OF N.C.S.R. 1325 (GRAVEL ROAD); THENCE LEAVING THE RUTHWOOTEN (NOW OR FORMERLY) LINE AND WITH THE CENTERLINE OF N.C.S.R.1325, S 49° 35' W 153.50 FEET TO A POINT; S 57° 23' W 54.45FEET TO A POINT; THENCE LEAVING THE CENTERLINE OF N.C.S.R. 1325 ANDWITH THE LINE OF KAREN LAYTON (SEE DEED BOOK 1 78, PAGE 236, MAP#386094) N 17° 59' W 321.19 FEET TO A POINT IN THE LINE OF BOBHARMON; SAID POINT BEING N 79° 50' E 21.07 FEET FROM A REFERENCEIRON (TIE LINE); THENCE LEAVING THE KAREN LAYTON LINE AND WITH THEBOB HARMON LINE N 79° 50' E 65.00 FEET TO AN IRON; N 79° 50'E 59.80 FEET TO THE POINT OF BEGINNING. CONTAINING 1.05 ACRES, BANNERELK TOWNSHIP, AS SURVEYED AND PLATTED BY ROBERT E. GRINDSTAFF, NO.L-1294, ON February 18, 1987. SEE PLAT BOOK 25, PAGE 14, AVERY COUNTYREGISTRY.  
PROPERTYADDRESS: 231 JOHN ERWIN ROAD BANNER ELK, NC, 28604
TOGETHERWITH IMPROVEMENTS THEREON, SAID PROPERTY LOCATED AT 231 JOHN ERWINROAD, BANNER ELK, NC  28604. PARCEL ID 1849-00-05-1330.

Trusteemay, in the Trustee's sole discretion, delay the sale for up to onehour as provided in NCGS §45-21.23.
Shouldthe property be purchased by a third party, that party must pay theexcise tax, as well as the court costs of Forty-Five Cents ($0.45)per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).
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/security agreement, or both, being foreclosed, nor theofficers, directors, attorneys, employees, agents or authorizedrepresentative of either the Trustee or the holder of the note makeany representation or warranty relating to the title or any physical,environmental, health or safety conditions existing in, on, at orrelating to the property being offered for sale, and any and allresponsibilities or liabilities arising out of or in any way relatingto any such condition expressly are disclaimed.  Also, this propertyis being sold subject to all taxes, special assessments, and priorliens or encumbrances of record and any recorded releases.  Saidproperty is also being sold subject to applicable Federal and Statelaws.
Acash 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.
Anorder 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 partiesin possession by the clerk of superior court of the county in whichthe property is sold.
Anyperson who occupies the property pursuant to a rental agreemententered into or renewed on or after October 1, 2007, may afterreceiving the notice of sale, terminate the rental agreement upon 10days' written notice to the landlord.  Upon termination of a rentalagreement, the tenant is liable for rent due under the rentalagreement prorated to the effective date of the termination.
Ifthe trustee is unable to convey title to this property for anyreason, the sole remedy of the purchaser is the return of thedeposit. Reasons of such inability to convey include, but are notlimited to, the filing of a bankruptcy petition prior to theconfirmation of the sale and reinstatement of the loan without theknowledge of the trustee. If the validity of the sale is challengedby any party, the trustee, in their sole discretion, if they believethe challenge to have merit, may request the court to declare thesale to be void and return the deposit. The purchaser will have nofurther remedy.
THISIS A COMMUNICATION FROM A DEBT COLLECTOR.  THE PURPOSE OF THISCOMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILLBE USED FOR THAT PURPOSE, except as stated below in the instanceof bankruptcy protection.
IFYOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEENDISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE ISGIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONALPURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS ANACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBTFROM YOU PERSONALLY.

SUBSTITUTETRUSTEE
SERVICES,INC.
SUBSTITUTETRUSTEE

BY:
Attorneyat Law
Hutchens,Senter, Kellam & Pettit, P.A.
Attorneysfor Substitute Trustee Services, Inc.
P.O.Box 12497
Charlotte,NC 28220
https://sales.hsbfirm.com
CaseNo: 1103793 (FC.CH)