Classifieds

Published Weekly Newland, North Carolina

POSTED: September 2, 2008

The Board of New River Service Authority dba New River Behavioral HealthCare meeting in regular session Thursday, October 25, 2007 declared as surplus certain property owned by New River Service Authority dba New River Behavioral HealthCare and commonly known as Carolina Friendship House and authorized sale by the negotiated offer and upset bid process. Subject property being located at 347 Oak Street, Boone, NC contains approximately .41 acres with house. The property is a two story brick house, 3 bedrooms, 1 ½ bath with additional ½ bath upstairs, dining room, kitchen, large living room, 2 multi-purpose rooms (offices), enclosed front porch, small basement, and paved driveway. Excellent neighborhood and located close to downtown Boone and Appalachian State University. The property shall be sold subject to any and all easements.
The property will be sold "as is", and New River Service Authority dba New River Behavioral HealthCare makes no representations concerning the property except as set forth herein.
Sealed bids shall be received by the Finance Office, New River Behavioral HealthCare, 895 State Farm Rd, Ste 508, Boone, NC by 2:00pm, September 19, 2008. Bids shall be opened and recorded at 2:10pm in the Finance Office. The record of the bids shall be reported to the Board at their next regular meeting on Thursday, September 25, 2008. If a bid is accepted by the Board as the initial offer it shall be subject to the upset bid process.
Each bid will be accompanied by a bid deposit of five percent (5%) of the amount of the bid. A bid deposit may take form of cash, a cashier's check, or a certified check. New River Service Authority dba New River Behavioral HealthCare will return the deposit on any bid not accepted, and will return the deposit on an offer subject to upset if a qualifying higher bid is received. If the bidder refuses at any time to close the sale, the deposit will be forfeited to New River Service Authority dba New River Behavioral HealthCare. New River Service Authority dba New River Behavioral HealthCare will return the deposit of the final bidder at closing.
The Buyer must pay cash at closing.
New River Service Authority dba New River Behavioral HealthCare reserves the right to withdraw the property from sale at any time and the right to reject all bids.
Further information about the property and the sale may be obtained from the Finance Office at New River Behavioral HealthCare, 895 State Farm Rd Ste 508, Boone, NC during regular business hours.

NOTICE OF PUBLIC HEARING

North Carolina
Avery County

The Avery County Commissioners will be holding a Public Hearing on September 2, 2008 beginning at 3:50 p.m. to consider the purchase of a fire truck by Crossnore Volunteer Fire Department, Incorporated, located at 10 E. Crossnore Drive, Crossnore, North Carolina 28616 The purchase of the fire truck shall be partially financed by the issuance of the obligations of Crossnore Volunteer Department, Incorporated, in the maximum aggregate principal amount not to exceed $215,000 upon which installment payments shall be calculated. The initial owner and operator of the fire truck will be Crossnore Volunteer Fire Department, Incorporated. The fire truck shall be located at 10 E. Crossnore Drive, Crossnore, NC. This meeting will be held in Commission Chambers, 175 Linville Street, Newland.

This the 11th day of August, 2008

Clerk of the Board of Commissioners
Cindy Turbyfill

AVERY COUNTY HAS DECLARED THE FOLLOWING VEHICLES AS SURPLUS PROPERTY TO BE SOLD TO THE PUBLIC:

#1 1994 Chevy Blazer Mileage 225,005
#2 1994 Chevy Blazer Mileage 234,515
#3 1993 Chevy Blazer Mileage 191,292
#4 1994 Chevy Blazer Mileage 153,620
#5 1996 Chevy Caprice Mileage unknown
#6 1993 Chevy Caprice Mileage 177,213
#7 2001 Ford Crown Victoria Mileage 141,139
#8 1994 Ford Crown Victoria Mileage 95,540
#9 1997 Ford Crown Victoria Mileage 144,780

Vehicles may be seen at Heritage Park, Vale Road, Newland. The vehicles are numbered as shown above. Sealed proposals will be accepted until 4:30pm, Thursday, August 21st,
in the County Manager's Office, Second Floor, Administration Building, 175 Linville Street Newland. Sealed envelopes should be marked with the vehicle number on the envelope. Proposals will be publicly opened on Friday, August 22nd at 9:00am and determination of sale will be decided. Avery County reserves the right to refuse any or all proposals on the above vehicles, based on the best interest of Avery County.

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
AVERY COUNTY
08SP45

IN THE MATTER OF THE FORECLOSURE OF A DEED
OF TRUST EXECUTED BY RIGOBERTO A. GONZALEZ
AND MARGARITA GONZALEZ DATED AUGUST 18,
2006 AND RECORDED IN BOOK 405 AT PAGE 2511 IN
THE AVERY COUNTY PUBLIC REGISTRY, NORTH
CAROLINA

NOTICE OF SALE

Pursuant to a Court order and 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 11:30 AM on August 27, 2008 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:

BEGINNING at an iron found in the line of Shirley T. Daniels, said point of beginning being a common corner of Tract Y and Tract 3 (property of Mary Katherine Estep) and herein described; thence running with the boundary line of Shirley T. Daniels North 04 degrees 36 minutes West 135.31 feet to an iron found; thence leaving the line of Shirley T. Daniels and running with the boundary line of Robert J. Redwine North 71 degrees 24 minutes East 195.13 feet to an iron found at 24" Poplar; thence leaving the line of Robert J. Redwine and running with the boundary line of W. Mark Wolfe South 23 degrees 39 minutes East 191.22 feet to an iron found; thence leaving the line of W. Mark Wolfe and running with the boundary line of Tract 38 South 85 degrees 00 minutes West 21.95 feet to an iron set; thence leaving the line of Tract 3B and running with the boundary line of Mary Katherine Bstep South 85 degrees 00 minutes West 229.79 feet to the point of beginning.

Containing 0.82 of an acre and designated as Tract 2 on map of survey by Jerry L. Ball, RLS L-3108, dated November 8, 2001 and bearing Map 801111-11.
TOGETHER WITH a joint, non-exclusive road right of way easement leading from Squirrel Creek Road to the above described property. The centerline of said joint, non-exclusive road right of way easement shall run along and with the centerline of the presently existing private road as the same is presently located.

And Being more commonly known as: 140 Thompson Ln, Newland, NC 28657

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Rigoberto A. Gonzalez and Margarita Gonzalez.

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 August 6, 2008.

Grady Ingle
Substitute Trustee
8520 Cliff Cameron Drive, Suite 300
Charlotte, NC 28269(
704) 333-8107
http://shapiroattorneys.com/nc/

08-106219

Advertisement for Bids

Request for Proposals

In accordance with NCGS 143-29, the Village of Sugar Mountain is seeking qualified contractors interested in constructing a new Village Hall adjacent to the existing Village Hall. Plans and specifications for the proposed work may be obtained by contacting Joseph Pavelchak, 828-898-6998, 153 Shawneehaw Avenue, PO Box 552, Banner Elk, North Carolina 28604. Sealed bids, accompanied by a 5% bid deposit or bond will be accepted at the Sugar Mountain Village Hall, 237 Dick Trundy Lane, Sugar Mountain, North Carolina 28604 until 10 AM on August 26, 2008 at which time they will be opened and read aloud. The Sugar Mountain Village Council reserves the right to reject any/or all bids.

Instructions to Bidders

PRECONSTRUCTION MEETING: A preconstruction meeting will be held on August 12, 2008 at 2 PM. The meeting will be held at the Village of Sugar Mountain Village Hall, 237 Dick Trundy Lane, Sugar Mountain.

BID SECURITY: Contractor shall provide bid security with his bid, made payable to the Owner, in the amount of five percent (5%) of the bid amount. Security shall be either Cashier's check, certified check, or Bid Bond issued by Surety Licensed to conduct business in the state of North Carolina. The successful bidder's security will be retained until he has executed the contract and furnished the required Performance and Payment Bond(s). The Owner reserves the right to retain the security of the next lowest bidder until the lowest bidder enters into contract or until sixty (60) days after the bid opening, whichever is shorter. All other bid security will be returned as soon as practical. If any bidder refuses to enter into contract, the Owner will retain his bid security as liquidated damages, but not as a penalty. The bid security is to be submitted with the submission of bids.

PERFORMANCE AND PAYMENT BOND(S): Contractor shall furnish and pay for 100% Performance and Payment Bond(s) covering faithful performance of the contract and payment of all obligations arising there under. Bonds shall comply in form and requirements with North Carolina General Statutes, 143-129, Chapter 44A-25. The contractor shall deliver said Bond(s) to the Owner seven (7) days prior to execution of the contract. Failure or neglecting to deliver said bond(s), as specified, shall be considered as having abandoned the contract and the bid security will be retained as liquidated damages.

RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN STATE CONSTRUCTION CONTRACTS: Contractors shall follow the guidelines established by the state of North Carolina in accordance with G.S. 143-128.2 (effective 01/01/02) and the adopted resolution by the Village of Sugar Mountain is establishing the goal of minority participation in single prime bidding on state construction projects in excess of $300,000.00.

PUBLICATION DATES:
August 7, 2008
August 14, 2008

NOTICE OF FORECLOSURE SALE

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Sheila G. Stong and Stanley R. Stong, Jr., wife and husband to Jeffrey J. Walker, Trustee(s), dated the 6th day of December, 2006, and recorded in Book 409, Page 719, 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 at 1:30 pm on August 22, 2008 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:

Being all of Unit 536, Sugar Mountain Ski & Country Club Condominium, Sugar Mountain, NC 28604, a Condominium which is more fully described in the Declaration of Condominium for Sugar Mountain Ski & Country Club, and its attachments, exhibits and amendments (the "Declaration"). The Declaration is dated May 20, 1983 and is recorded in Book 141, Page 393, amended in Book 153, Page 323 and Book 157, Page 757, and Book 4 of Condominiums at Page 11, amended in Book 5, Page 5 and Book 5, Page 12, of the Avery County, North Carolina, Public Registry. The Declaration is included 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 100 Sugar Ski Drive #536, 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.
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 29th day of July, 2008.

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://www.fc-sales.com

Case No: 141.13161

08 SP 34
AMENDED NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, AVERY COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by RICKY E PRICE AND LAURA D. PRICE to HAROLD T. KEEN, Trustee(s), which was dated November 8, 2006 and recorded on November 9, 2006 in Book 408 at Page 1072, 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, 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 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 of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on August 28, 2008 at 3:00PM, and will sell to the highest bidder for cash the following described property situated in Avery County, North Carolina, to wit:

THE PROPERTY ("Property") is Lot 8, Section One, Slopesider Subdivision, Sugar Mountain, NC 28605. The property is described on a survey which is title "Slopesider Subdiv ision, Section One, Sugar Mountain." This survey was prepared by David K. Ster, RLS #L-1301 on March 1, 1973, is surveyor's map #72786 (R-2), and is of record in the Avery County Registry of Deeds in Book 04 of Maps, at Page 218. The description from the survey is included in and made a part of this document as if fully set out in the document.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 608 Briarcliff Road, Banner Elk, NC 28604.

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 Ricky E. Price and wife, Laura D. Price.

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.: 08-08108

ANNUAL MEETING
The Annual meeting of the Jonas Ridge Volunteer Fire Department Board of Directors will be held this Saturday, August 23rd 2008, 4pm at the fire department.
Three board members will be elected at this time. All Jonas Ridge residents are invited to attend.

PUBLIC NOTICE

In accordance with NCGS 44-A, notice is hereby given that all items found in Storage Unit 12- Issac & Crystal Hovis, at Avery Mini Storage, 1300 Elk Park Highway, Newland, NC, 28657, will be placed at public auction on September 15, 2008. Please call Maggie Bundy at 828-733-8800 with questions.

NOTICE
CHANGE OF REGULAR MEETING DATE
AVERY COUNTY BOARD OF COMMISSIONERS

The Avery County Board of Commissioners will hold their Regular Meeting on Tuesday, September 2, 2008 at 3:30 p.m. instead of Monday due to the Labor Day Holiday.

Cindy Turbyfill
Clerk to the Board

NOTICE OF PREPARATION OF PRELIMINARY
ASSESSMENT ROLL AND PUBLIC HEARING

The public will take notice that the Preliminary Assessment Roll for the water line extension along Telemark right-of-way has been prepared and is available for public inspection in the Town Hall of the Town of Seven Devils until the 8th day of September, 2008.

The Town Council will hold a public hearing at 5:30 p.m. on the 8th day of September, 2008, at Town Hall, for the purpose of hearing objections to the Preliminary Assessment Roll from all interested persons who appear.

REQUEST FOR PROPOSALS:

State of North Carolina wishes to acquire by lease approximately 1,696 net square feet of office space in the Newland, NC area in locations which are easily identifiable and accessible preferred. Lease term five (5) to seven (7) years with renewal options desired. Possession date of January 1, 2009 or as soon thereafter as possible. Cut-off time for proposals is 4:00 PM, September 9, 2008. For specifications, proposal forms and additional information contact:
David Krotoszynski
DHHS Property/Construction
101 Blair Drive
2001 Mail Service Center
Raleigh, NC 27699-2001
919-733-5962
E-Mail: David.Krotoszynski@ncmail.net
Or: State Property Office web site at:
http://www.ncspo.org
Request for Proposals

PUBLICATION DATES:
August 28, 2008
September 4, 2008

NOTICE OF FORECLOSURE SALE

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Patricia Dorothy French to Cliff Crabtree, Trustee(s), dated the 20th day of June, 2000, and recorded in Book 332, Page 357, 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 at 1:30 pm on September 12, 2008 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:

That certain tract or parcel of land situate and being in Linville Township, Avery County, North Carolina, subject to hereinafter mentioned exceptions and more fully described as follows:

BEGINNING at an iron set which is located North 75 degrees 08 minutes West 716.73 feet from an iron found at oak at fence corner, which is located North 52 degrees 53 minutes West 807.76 feet from NGS "Heights concrete monument found N=658, 964,565, E=, 1,144,324.0986, and running North 75 degrees 08 minutes West 405.74 feet to an iron set; thence South 24 degrees 34 minutes West 157.19 feet to an iron found; thence South 83 degrees 46 minutes East 29.78 feet to a point; thence South 57 degrees 40 minutes East 74.87 feet to an iron set; thence North 24 degrees 34 minutes East 155.00 feet to an iron set; thence South 74 degrees 30 minutes East 300.00 feet to a 10 inch white pine; thence North 27 degrees 26 minutes East 23.95 feet to the point of beginning. Containing 0.53 of an acre, designated as Tract 2, as shown on Map of Survey by Michael M. Lacey, R.L.S., L-1407, dated May 15, 1956 and of record in Map Book 24, Page 56, of the Avery County Registry. Together with improvements located thereon; said property being located at 110 Sugar Mountain Road 2, Newland, North Carolina.

SUBJECT to Road Right of Way as set out in deed of recorded in Book 68, Page 348, of the Avery County Registry.

EXCEPTING an easement and right of way for any existing water pipelines.

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.

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 15th day of August, 2008
.
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://www.fc-sales.com

Case No: 593.132619

STATE OF NORTH CAROLINA

AVERY COUNTY

IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
08-E-110

EXECUTOR'S
NOTICE

Having qualified as Executor of the Estate of Charles W. Berry, deceased, of Avery County, North Carolina, this is to notify all persons having claims against the Estate of said Charles W. Berry TO PRESENT them to the undersigned on or before December 5, 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 27th day of August, 2008.

Linda de Ville d'Avray, Executor
15 Hayes Road
Montauk, NY 11954

Donald M. Watson, Jr.
di Santi Watson Capua & Wilson P. O. Box 193
Boone, NC 28607

STATE OF NORTH CAROLINA
COUNTY OF AVERY

IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
08 SP 46

In the Matter of Foreclosure of the
Deed of Trust executed by Bonnie Dellinger,
an married woman,

NOTICE OF FORECLOSURE SALE

Grantors,

TO: Stephen C. Wilkie,
Substitute Trustee

As recorded in Deed of Trust Book 384 at
Page 1179, Avery County, N.C. Registry

Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Bonnie Dellinger, an unmarried woman, dated November 9, 2004, and recorded in the Office of the Register of Deeds of Avery County on November 10, 2004, in Deed of Trust Book 384 at Page 1179 and because of default in the payment of the indebtedness thereby secured and failure to carryout and perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust and Pursuant to the Order of the Clerk of Superior Court of Avery County, N.C. entered on August 13, 2008 in this foreclosure proceeding the undersigned Stephen C. Wilkie, Substitute Trustee will expose for sale at public auction on September 12, 2008, at 1:30 Noon at the door of the Avery County Courthouse the following described real estate:

See Exhibit "A" attached hereto

The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record or not of record, assessments, if any and in its present condition with all faults. The Trustee reserves the right to discontinue these proceedings at any time prior to transfer of a Trustee's Deed.

The record owner(s) of the above described real property as reflected on the records of the Avery County Register of Deeds not more than ten (10) days prior to the posting of this notice is Bonnie Dellinger, an unmarried woman.

The property to be offered pursuant to this Notice of Sale is being offered "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 representatives 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.
Pursuant to NCGS 45-21(10)b, and the terms of the Deed of Trust, any successful bidder shall be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of five percent (5%) of the amount of the bid or seven-hundred and fifty dollars ($750.00) whichever is greater. Any successful bidder shall be required to tender the full balance of said 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 NCGS 45-21.30(d) and (e).

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 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 sale will be held open ten (10) days for upset bids as required by law.
This is the 13th day of August , 2008.

Stephen. C. Wilkie
Substitute Trustee
285 East Allen Street
Hendersonville, NC 28792
(828) 273-9191

EXHIBIT A

BEGINNING on an iron stake located in the margin of U.S. Highway 19-E and being in the southeastern corner of the property herein described thence running with the Buchanan line South 79 degrees 20 minutes 40 seconds West 556.34 feet to an iron stake thence North 18 degrees 08 minutes 38 seconds West 502.24 feet to an iron stake thence North 20 degrees 22 minutes 58 seconds East 396.11 feet to an iron stake thence North 78 degrees 52 minutes 12 seconds East 366.36 feet to an iron stake thence South 01 degrees 05 minutes 30 seconds West 300 feet to an iron stake thence South 15 degrees 32 minutes 46 seconds West 39.55 feet to an iron stake thence South 02 degrees 56 minutes.24 seconds East 140.41 feet to an iron stake thence South 01 degrees 05 minutes 30 seconds West 235 feet to an iron stake thence North 80 degrees 35 minutes 30 seconds East 225 feet to an iron stake thence South 01 degrees 05 minutes 30 seconds West 140 feet to the point of BEGINNING and containing 8.83 acres as shown on a map prepared by Arrowood Surveying RLS #L- 1510 and designated. as Drawing No. 99-A-01-117.

Advertise Here!