FILE # 08-E-159
STATE OF NORTH CAROLINA
COUNTY OF WATAUGA
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
NOTICE TO CREDITORS
Having been appointed Executrix of the estate of BURL J. GREENE, SR., deceased of 4319 Highway 194 North, Boone, Watauga County, North Carolina, 28607, this is to notify all persons having claims against the Estate of said BURL J. GREENE, SR. to present them to the undersigned on or before October 13, 2008 or this notice will be placed in bar of their recovery. All persons, firms and corporations indebted to said Estate will please make immediate payment.
This the 8th day of July, 2008.
Gladys J. Greene
4319 Highway 194 North
Boone, NC 28607
James M. Deal, Jr.
DEAL, MOSELEY & SMITH, LLP
Attorneys at Law
PO Box 311
Boone, NC 28607
STATE OF NORTH CAROLINA
WATAUGA COUNTY
FILE 08-E-74
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION BEFORE THE CLERK
ADMINISTRATOR'S-
EXECUTOR'S NOTICE
Having qualified as EXECUTOR of the estate of ELIZABETH RUSSELL HORTON, deceased of Watauga County, North Carolina, This is to notify all persons having claims against the estate of said ELIZABETH RUSSELL HORTON, to present them to the undersigned on or before OCTOBER 20, 2008 or this notice will be placed in bar of their recovery. All persons, firms and corporations indebted to said estate will please make immediate payment.
This the 28th day of March, 2008.
Benjamin Haskel Horton
FIDUCIARY
P.O. Box 2347
Boone, NC 28607
EGGERS, EGGERS, EGGERS AND EGGERS
Attorneys at Law
Post Office Box 248
Boone, NC 28607
WATAUGA COUNTY BOARD OF ELECTIONS
NOTICE OF
ABSENTEE MEETINGS
The following is a notice of Absentee Meetings at which the Watauga County Board of Elections will meet (if necessary) to approve the applications for absentee ballots for the Special Election to be held on August 19, 2008. The meetings will be held at the Watauga County Board of Elections office at 842 W. King Street, Boone, pursuant to G.S. 163-230.1(c1). Any other business transacted by the Board will be done at this time.
July 29, 2008 5:00 p.m.
August 5, 2008 5:00 p.m.
August 12, 2008 5:00 p.m.
August 18, 2008 5:00 p.m.
Stella Anderson, Chairman
Watauga County
Board of Elections
In accordance with NCGS 44A, notice is hereby given that all items found in the following unit will be placed in auction on Wednesday, July 30th, 10:00am at Banner Manor Self Storage, 828-898-5896. Name: Lauren Byrd. Unit Number: 128. Location: BMSS
LEGAL NOTICE
Notice is hereby given the Watauga County Board of Adjustment will hear the following cases at its regular meeting on July 28, 2008 at 7:00 p.m. in the Commissioners Board Room, Administration Building.
Case 08-1C: Request for a conditional use permit by McKiever Hunter to change the use of an existing commercial building into a boarding house (multi-unit structure) reference Article V, Section 3.B.1 of the Foscoe-Grandfather Zoning Ordinance. The property is located at 4900 NC Highway 105 South in Foscoe.
Case 08-2C: Request for a conditional use permit by Richard James to construct a 5,920 square foot commercial building reference Article V, Section 3.B.4 of the Foscoe-Grandfather Zoning Ordinance. The property is located on Highway 105 South in Foscoe adjacent to H.O. Aldridge Road.
STATE OF NORTH CAROLINA
WATAUGA COUNTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
ESTATE FILE: 08-E-138
COLLECTOR'S NOTICE
Having qualified a COLLECTOR of the estate of RUBY JEAN HARMON ACCETTA, deceased of Watauga County, North Carolina, This is to notify all persons having claims against the estate of said RUBY JEAN HARMON ACCETTA present them to the undersigned on or before October 13, 2008 or this notice will be placed in bar of their recovery. All persons, firms, and corporations indebted to said estate will make immediate payment.
This the 8th day of July, 2008
Mary Accetta Trivette
4134 Andy Hicks Road
Banner Elk, NC 28604
TOWN OF BOONE
HISTORIC PRESERVATION COMMISSION
MEETING NOTICE
July 22, 2008 2:30 p.m.
The Town of Boone Historic Preservation Commission has scheduled a meeting on Tuesday, July 22, 2008 at 2:30 p.m. in the conference room at Town Hall located at 567 West King Street. The following items will be on the agenda:
I. Approval of meeting minutes
- June 24, 2008
II. Discussion of Preliminary
Pictorial Study of Boone's
Historic Structures
III. Discussion concerning
Historical Designation
Categories/Grading Sheet
IV. Discussion of desired Historic
Ordinance Language
V. Other matters by board
members or staff
The Town of Boone Greenway, Parks and Gardens Committee will meet on Tuesday, July 22, 2008, at 7:00 p.m. in the Town Council Chambers at 1500 Blowing Rock Road.
The Town of Boone Greenway, Parks and Gardens Committee will meet on Tuesday, July 22, 2008, at 7:00 p.m. in the Town Council Chambers at 1500 Blowing Rock Road.
“The next meeting of the Northwestern Regional Housing Authority Board of Trustees has been scheduled for Wednesday, July 23, 2008 at Northwestern Regional Housing Authority, 869 Highway 105 Extension in Boone, NC beginning at 6:00pm. The public is welcome to attend”
DBE/MBE/WBE
BUSINESS ENTERPRISES
James R. Vannoy & Sons Construction Co., Inc. is currently soliciting quotes from interested DBE/MBE/WBE subcontractors and suppliers for the following project bidding on Friday, August 1, 2008 @ 10:00 A.M. Please submit prices to PO Box 635; Jefferson, NC 28640 or Fax to 336/846-7112 prior to bid time. We have scheduled a meeting for Friday, July 25, 2008 @ 10:00 A.M. to discuss this project and our policies and procedures, if you are interested in attending this meeting please contact us prior to that date. Please submit bids by 5:00 P.M.-Thursday, July 31,2008 if at all possible, so that we may have time to prepare our bid.
For more information or to quote prices contact John Maloney 336/846-7191, ext. 227.
Project: 11-03-005-219-WBS
Element: 11C.005078
Ashe Co.
West Pine Swamp Rd.
Description: Grading, Drainage,
Base, Paving &
Erosion Control
*Vannoy Construction will be accepting quotes on all items listed in proposal
WE ARE AN EQUAL OPPORTUNITY EMPLOYER
NOTICE OF FORECLOSURE SALE
NORTH CAROLINA,
WATAUGA COUNTY
08 SP 96
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Stephanie Kye Robbins and Noah Daniel Robbins to Chicago Title Insurance Company, Trustee(s), dated January 26, 2005, and recorded in Book 1045, Page 742, Watauga 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, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Watauga County, North Carolina, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustees will offer for sale at the Courthouse Door in Watauga County, North Carolina, at 10:00AM on July 23, 2008, and will sell to the highest bidder for cash the following described property, to wit:
All that certain tract or parcel of land containing .44 acres, lying and being in Blue Ridge Township, Watauga County, North Carolina, located approximately 1.8 miles from the Town of Boone and on S.R. 1522, being bound now or formerly as follows: North By S.R. 1522; East by lands of Ford Taylor; South by lands of Sidney Swanson and West by a paved street and being more particularly described as: BEING all of Lot 1 of the Julian McGuire Subdivision, in Blue Ridge Township, Watauga County, North Carolina, as shown on plat of same made by James A. Dugger, R.L.S., July 16, 1970, and of record in the office of the Register of the Deeds for Watauga County, North Carolina, in Plat Book 5, at Page 161, to which recorded plat reference is hereby made for a complete description of said lot. There is excepted and not conveyed herewith that part of the above described lot as was heretofore sold and conveyed off by deed dated May 15, 1972 from Julian S. McGuire and wife, Loye F. McGuire to Sidney C. Swanson and wife, Ella Sue Swanson, recorded in Book 129, Page 720, and described as follows: BEGINNING on an iron stake in the Ford Taylor line, common corner of Lots 1 and 2 of the Julian McGuire Subdivision as recorded in Plat Book 5, at Page 161 and runs thence with the common boundary line of Lots 1 and 2 North 77 deg. 26' West 160.01 feet to an iron stake on the East margin of a 16 foot paved street; thence with the margin of said street North 9 deg. East 10 feet to a stake; thence leaving said street South 77 deg. 26' East 166.05 feet to an iron stake in the Ford Taylor line; thence with said Taylor line South 9 deg. 15' West 10 feet to the BEGINNING, and being a 10 foot strip off the southern part of Lot #1, according to a plat survey by James A. Dugger, R.L.S., May 10, 1972. This conveyance is subject to the Declaration of Restrictions as contained in the Deed from Jerry John Garlock and Nancy June Garlock to Frederick F. Scribner dated December 20, 1976 and recorded at Deed Book 168 at Page 691 of the Watauga County Register of Deeds Office.
Said property is commonly known as 517 Cedar Lane, Boone, NC 28607.
Third party purchasers must pay the excise tax, pursuant to N.C.G.S. 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof, and the Clerk of Courts fee, pursuant to N.C.G.S. 7A-308, in the amount of Forty-five Cents (45) per each One Hundred Dollars ($100.00) or fractional part thereof or Five Hundred Dollars ($500.00), whichever is greater. A deposit of five percent (5%) of the bid, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be 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, special assessments, land transfer taxes, if any, and encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Stephanie Kye Robbins and Noah Daniel Robbins.
PLEASE TAKE NOTICE: 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, that tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Kerrie Verstrate
Substitute Trustee
1101 Nowell Road, Suite 118
Raleigh, NC 27607
(919)-854-1200
Our File No: 746.0711452NC /RBW
Publication Dates: 7/9/2008 & 7/16/2008
08 SP 97
NOTICE OF FORECLOSURE SALE
NORTH CAROLINA, WATAUGA COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by JOSEPH A. ROSATO AND LEE ANN ROSATO, HUSBAND AND WIFE to THOMAS G. JACOBS, Trustee(s), which was dated November 29, 2005 and recorded on December 6, 2005 in Book BR1142 at Page 761, Watauga 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 Watauga 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 July 22, 2008 at 12:00PM, and will sell to the highest bidder for cash the following described property situated in Watauga County, North Carolina, to wit:
Being all of Lot 20, Tract One, Section One of Willow Mountain Subdivision, as shown on a plat recorded in Plat Book 8, Page 172; the said 0.78 acres lot being described as follows:
BEGINNING on a 1/2 inch iron pipe found on the northwest side of Willow Mountain Drive, the said iron pipe being an original corner of Lots 19 and 20, Section One of Willow Mountain as shown on the plat recorded in Plat Book 8, Page 5 and again as shown on a plat recorded in Plat Book 8, Page 172; the said iron pipe being located South 82 degrees 01 minutes East 257.51 feet from an original 1/2 inch iron pipe, (also a corner to Lots 19 and 20); thence from the BEGINNING with the line of Lot 19 and Lot 20, Tract One, South 54 degrees 02 minutes East 28.64 feet to a point in the center of Willow Mountain Drive; thence with the center of Willow Mountain Drive and Lot 20, Section One, South 35 degrees 58 minutes West 51.94 feet to a point; thence South 20 degrees 56 minutes West 36.75 feet to a point; thence South 10 degrees 07 minutes East 37.43 feet to a point in the center of Willow Mountain Drive, the common corner of Lot 20, Tracts One and Two; thence leaving the road with the line of Tracts One and Two, South 86 degrees 06 minutes West 30.00 feet to a 3/4 inch iron pipe on the west side of the road; thence continuing, South 86 degrees 06 minutes West 136.37 feet to a 3/4 inch iron pipe in the center of the south end of a 20 foot wide right-of-way, which runs through Tract One to Tract Two; thence continuing, South 86 degrees 06 minutes West 41.85 feet to a 3/4 inch iron pipe on the east side of Willow Mountain Drive; thence continuing, South 86 degrees 06 minutes West 30.00 feet to a point in the center of Willow Mountain Drive, the common corner of Tracts One and Two; thence with the line of Tract One and the center of Willow Mountain Drive the following four courses and distances, North 16 degrees 27 minutes West 50.56 feet to a point; thence North 06 degrees 01 minutes West 100.00 feet to a point; thence North 13 degrees 36 minutes West 19.29 feet to a point; thence North 37 degrees 43 minutes West 20.22 feet to a point at the intersection of Willow Mountain Drive and Sharon Lane; thence with the center of Sharon Lane and Tract One, North 39 degrees 21 minutes East 30.00 feet to a point, the common corner of Lots 19 and 20; thence leaving Sharon Lane with the line of Lots 19 and 20, South 38 degrees 50 minutes East 30.65 feet to a 1/2 inch iron pipe, (located North 82 degrees 01 minutes West 257.51 feet from the beginning corner); thence with the line of Lot 19, (revised) and Lot 20, Tract One, South 54 degrees 50 minutes East 140.95 feet to a 3/4 inch iron pipe; thence North 72 degrees 00 minutes East 147.00 feet to the beginning, containing 0.78 acre as surveyed by James R. Hartley, RLS L-3002 in March 1996 and being project number 9551.
Together with and subject to a perpetual, nonexclusive right of way easement twenty (20) feet in width from Sharon Lane over and across Lot 19 to the here-in conveyed Lot 20 as shown on plat recorded in Plat Book 8, Page 172 as described in deed recorded in Book of Records 034, Page 806, Watauga County, North Carolina, Public Registry as amended by the Deed of Easement of Right of Way recorded in Book of Records 351, Page 499, and Deed of Release of Easement of right of Way recorded in Book of Records 351, Page 502, Watauga County, North Carolina, Public Registry, to which deed references are hereby made for a complete description.
This conveyance is further made together with and subject to the provisions and easements for a shared well located on the herein conveyed Lot 20 described in Deed recorded in Book of Records 034, Page 806 and Water Rights Deed recorded in Book of Records 300, Page 130, Watauga County, North Carolina, Public Registry, to which deed references is hereby made for a more complete description.
This conveyance is subject to the Declaration of Restrictions, as recorded in Deed Book 163, Page 656, Watauga County, North Carolina, Public Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 806 Willow Mountain Drive, Vilas, NC 28692.
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 Joseph A. Rosato.
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.: 08-06582
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