Avery Journal Online

ADMINISTRATOR'SNOTICE
Date: April 12, 2012Having qualified onApril 12, 2012 as Administrator of the Estate of JULIUS CHARLESPUCKETT, SR., 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 27, 2012, or this notice will be pleaded in bar of theirrecovery.  All persons, firms, and corporations indebted to theestate should make immediate payment.
C. L. Hughes, IIIAdministrator of TheEstate of Julius Charles Puckett, Sr.P. O. Box 1416Newland, NC 28657

NOTICETO CREDITORS

Inthe Matter of the Estate of Decedent, Gerald Michael Tighe, (AveryCounty File No. 12-E-60), all persons, firms and corporations havingclaims against GERALD MICHAEL TIGHE, deceased, of MadisonCounty, Alabama, are hereby notified to present them to KathleenGransden, Executor for the Estate of GERALD MICHAEL TIGHE onor before July 25, 2012, in care of the undersigned attorney at theaddress appearing below, or this Notice will be plead in bar of theirrecovery. All persons, firms and corporations indebted to the saidestate will please make immediate payment to the above namedExecutor.

Thisthe 26th day of April 2012.

TheTricia L. Wilson Law Firm, PLLC
P.O.Box 869
Linville,NC 28646
Phone:(828) 733-1529

NORTH CAROLINA          IN THE GENERAL COURT OF JUSTICE
                                                 SUPERIOR COURT DIVISION
AVERY COUNTY                            BEFORE THE CLERK
                                                                  12-SP-44

                                    NOTICE OF SALE


In the Matter of the Foreclosure
of Deed of Trust executed by
Paul A. Jacobson and Sarah Jacobson
(a/k/a Sally T. Jacobson), dated July 30,
2010 and recorded in Book 449, Page
414, Avery County Registry by
Chester E. Whittle, Jr., Substitute Trustee.

Under and by virtue of the power of sale contaied in a certain Deed of Trust executed by Paul A. Jacobson and Sarah Jacobson (a/k/a Sally T. Jacobson), dated July 30, 2010, in the Office of the Register of Deeds of Avery County, North Carolina; and under and by virtue of the authority vested in the undersigned Substitute Trustee, default having been made in the payment of the indebtedness thereby secured and the said Deed of Trust being by the terms thereof subject to foreclosure, and the holder of the indebtedness thereby secured having demanded the foreclosure thereof for the purpose of satisfying said indebtedness, the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash at

Front Door of the Avery County Courthouse
200 Montezuma Street
Newland, NC 28657
10:00 a.m.
Tuesday, May 22, 2012

all of the property conveyed in said Deed of Trust, including any improvements thereon, which property, as of April 25, 2012, was owned by Paul A. Jacobson and Sarah Jacobson (a/k/a Sally T. Jacobson), as reflected by the records of the office of the Avery County Register of Deeds, the same lying and being in Linville Township, Avery County, North Carolina and more particularly described as follows:

BEING all of Lot 2, Unit 2, of the property known as Linville Ridge Development as shown on map thereof recorded in Map Book 18, Page 43 of the Avery County, North Carolina Public Registry, to which map reference is hereby made for a more complete description.

This conveyance is made together with and subject to Declaration of Restrictions recorded in Book 119, Page 578, as amended by First Amendment recorded in Book 136, Page 903, Supplemental Declaration of Restrictions recorded in Book 136, Page 906 of the Avery County, North Carolina Public Registry, which restrictions are incorporated herein by reference.

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 property is to be sold subject to city and county ad valorem taxes, special assessments, prior deeds of trust, liens, federal tax lien, rights-of-way, or easements, if any, and the statutes, rules and regulations of the United States Bankruptcy Code and the United States Bankruptcy Courts.

The Substitute Trustee, after sale, will require the highest bidder to immediately make a cash deposit of five percent (5%) of the amount of the bid, or seven hundred fifty-dollars ($750.00), whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders a deed for the property or attempts to tender such deed.  Should said successful bidder fail to pay the full balance purchase price so bid at that time, the bidder shall remain liable on the bid as provided by statute.

An Order of 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 Avery County.  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.

Any person who occupies the property pursuant to a bonafide lease or tenancy may have additional rights pursuant to Title VII of 5.896  Protecting Tenants at Foreclosure Act which became effective on May 20, 2009.

The Notice of Sale hereby given is in satisfaction of the requirements of the above-mentioned Deed of Trust and the requirements contained in the North Carolina General Statutes with respect to posting or publishing of notice of sale.

This 25th day of April, 2012.

By: Chester E. Whittle, Jr., Substitute Trustee
      756 West King Street
      Boone, North Carolina 28607
      828/264-6661

Publish:
The Avery Journal
May 11, 2012 and May 18, 2012

NORTHCAROLINA
AVERYCOUNTY
SpecialProceedings
No.12 SP 38

SubstituteTrustee:
PhilipA. Glass
NOTICEOF
FORECLOSURESALE

Dateof Sale: May 29, 2012
Timeof Sale: 1:30 p.m.
Placeof Sale:
AveryCounty Courthouse
Descriptionof Property:
SeeAttached Description
RecordOwners:
TeresaStewart
Addressof Property: 28 Spring Creek Road, Newland, NC  28657
Deedof Trust:
Book: 411 Page: 2726
Dated:February 21, 2007
Grantors:Teresa Stewart
OriginalBeneficiary: State Employees' Credit Union

CONDITIONSOF SALE: Should the property be purchased by a third party, thatperson must pay the tax of Forty-five Cents (45¢) per OneHundred Dollars ($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:3/15/12

PhilipA. Glass, Substitute Trustee
Nodell,Glass & Haskell, L.L.P.
Postedon 5/1/12

EXHIBITA
Deedof Trust from Teresa Stewart to State Employees' Credit Union, datedFebruary 21, 2007.

BEGINNINGat a granite monument set in the line of Land Harbor DevelopmentAssociation(Deed Book 98, Page 958), corner of Charles Clark (DeedBook 181, Page 213), and running Thence with the line of Land HarborDevelopment Association South 02 degrees 22 minutes West 122.03 feetto an iron found, corner of a 0.24 acre tract; thence with the lineof the 0.24 acre tract South 63 degrees 40 minutes West 18.01 feet toan iron set, South 32 degrees 51 minutes West 139.05 feet to an ironset, and South 22 degrees 39 minutes West 8.83 feet to a point in thecenter of a private road (18' right of way) corner of a 0.89 acretract; thence with the center of said private road and the line ofthe 0.89 acre tract the following eight (8) courses and distances: 1)North 76 degrees 10 minutes West 6.12 feet; 2) North 59 degrees 07minutes West 25.35 feet; 3) North 50 degrees 50 minutes West 39.48feet; 4) North 45 degrees 24 minutes West 21.83 feet; 5) North 24degrees 34 minutes West 28.55 feet); 6) North 20 degrees 34 minutesWest 116.60 feet; 7) North 45 degrees 33 minutes West 22.76 feet; 8)North 75 degrees 22 minutes West 16.06 feet to a point, corner of a0.98 acre tract; thence leaving the center of the private road andrunning with the line of the 0.98 acre tract North 05 degrees 27minutes West 20.26 feet to a monument set in the said line of CharlesClark; thence with the line of Charles Clark North 84 degrees 33minutes East 261.56 feet to the point of beginning. Containing 0.92acre in zLinville Acres as surveyed and platted by Michael M. Lacey,RLS L-1497, dated September 1, 1992, Map #92-9-1-164, said map beingrecorded in Map Book 31, Page 47, of the Avery County Registry.

TOGETHERWITH an 18' wide joint, non-exclusive road right of way easementleading from the   easement area described in Deed Book 126, Page826, Avery County Registry, to the above described tract. Thecenterline of said 18' wide joint, non-exclusive right of wayeasement shall run along and with the centerline of the presentlyexisting private road as the same is presently located and as shownonmap recorded in Map Book 31, Page 47 of the Avery County Registry.

ALSOCONVEYING to Grantee, her heirs and assigns, a non-exclusive easementand right of way for ingress, egress and regress from U.S. Highway221 to that tract of land hereinabove described over and acrossLinville Harbor Parkway, River Hollow Road, Windridge Road andHighland Hills Road as said roads are shown on maps of the LandHarbors Subdivision recorded in the Office of the Register of Deedsfor Avery County, North Carolina, as the same presently exist and arein use; and a non-exclusive easement and right of way for ingress,egress and regress over that 0.01 acre tract as shown on map ofsurvey by Michael M. Lacey, RLS L-1497, recorded in Map Book 16 atPage 27, of the Avery County Registry, as set out in that Agreementdated March 3, 1981, in Book 126 at Page 826, of the Avery CountyRegistry.

SUBJECTTO the conditions and including all rights given in that Agreementdated March 3, 1981, in Book 126 at Page 826, of the Avery County,North Carolina Public Registry.

EXCEPTINGAND RESERVING to Warren Eugene Beaird and Annelle Beaird, Trustees ofthe Warren Eugene Beaird and Annelle Beaird Revocable Trust dtd April27, 1993, their heirs and assigns, a perpetual non-exclusive roadright of way easement (18 feet in width) as shown on map recorded inMap Book 31, Page 47, of the Avery County Registry.

THISCONVEYANCE is made subject to Declaration of Restrictive andProtective Covenants of Linville Acres Subdivision recorded in Book250, Page 1110 of the Avery County Registry, together with allamendments thereto (Amendment record in Book 265, Page 222 of theAvery County Registry.)

SUBJECTTO easement dated January 4, 1995, recorded in Book 266, Page 100 ofthe Avery County Registry.

CONVEYINGthat water right and easement as recorded in Book 338, Page 312, ofthe Avery County Registry.

STATEOF
NORTHCAROLINA
COUNTYOF AVERY
INTHE GENERAL COURT
OFJUSTICE
SUPERIORCOURT DIVISIN
BEFORETHE CLERK
12SP 8

INTHE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM JOSEPH ESTES(DECEASED), TO NEUSE, INCORPORATED, TRUSTEE, DATED MAY 15, 2007RECORDED IN BOOK 415, PAGE 1785, AVERY COUNTY REGISTRY.

NOTICEOF
FORECLOSURESALE

Pursuantto an order entered April 18, 2012, in the Superior Court for AveryCounty, and the power of sale contained in the captioned deed oftrust (“Deed of Trust”), the undersigned SubstituteTrustee will offer for sale at auction, to the highest bidder forcash,
ATTHE
COURTHOUSEDOOR IN
NEWLAND,AVERY COUNTY, NORTH CAROLINA
ONMAY 18, 2012
AT11:00 AM
thereal estate and the improvements thereon encumbered by the Deed ofTrust, less and except any of such property released from the lien ofthe deed of trust prior to the date of this sale, lying and being inAvery County, North Carolina, and being more particularly describedas follows:
THATCERTAIN TRACT OR PARCEL OF LAND SITUATE AND BEING IN LINVILLETOWNSHIP, AVERY COUNTY, NORTH CAROLINA, AND MORE FULLY DESCRIBED ASFOLLOWS:

BEGINNINGON A METAL PIPE ON THE EAST SIDE OF DRIVEWAY LEADING TO NAT ESTESHOUSE, AND RUNNING WITH A NEW LINE SOUTH 88 DEGREES 30 MINUTES EAST197 FEET TO A METAL BAR, IN THE BOB GUY LINE, AT NAT ESTES¡ÇCORNER; THENCE WITH THE LINE OF  ROBERT GUY, NORTH 19 DEGREES 30MINUTES WEST 109 FEET TO AN IRON PIPE AT A FENCE STAKE, ROBERT GUY¡ÇSCORNER; THENCE CONTINUING WITH THE LINE OF ROBERT GUY, NORTH 87DEGREES WEST 200 FEET TO AN IRON PIPE IN THE EAST MARGIN OF THE SUGARMOUNTAIN ROAD, WHERE IT INTERSECTS WITH THE DRIVEWAY; THENCE WITH THEEASTERN MARGIN OF THE DRIVEWAY LEADING TO THE NAT ESTES HOUSE, SOUTH20 DEGREES EAST 144 FEET TO THE POINT OF BEGINNING.  CONTAINING 1/2ACRE, AS SURVEYED AND PLATTED BY VANCE BUCHANAN, JR., ENGINEER,JANUARY 9, 1971.

PERMANENTPAREL NUMBER: 184501386970
JOSEPHCLAY ESTES
420SUGAR MOUNTAIN 2 ROAD, NEWLAND NC 28657

Inthe Trustee's sole discretion, the sale may be delayed for up to one(1) hour as provided in Section 45-21.23 of the North CarolinaGeneral Statutes.
Therecord owners of the real property not more than ten days prior tothe date hereof are Cody Nathaniel Estes, Joseph Clay Estes Jr.,Matthew Joseph Estes, Spouse of Cody Nathaniel Estes, Spouse ofJoseph Clay Estes Jr. and Spouse of Matthew Joseph Estes.
Afive percent cash deposit, or a cash deposit of $750.00, whichever isgreater, will be required of the last and highest bidder.  Thebalance of the bid purchase price shall be due in full in cash orcertified funds at a closing to take place within thirty (30) days ofthe date of sale.  The undersigned Substitute Trustee shall conveytitle to the property by non-warranty deed.
Thissale will be made subject to all prior liens of record, if any, andto all unpaid (ad valorem) taxes and special assessments, if any,which became a lien subsequent to the recordation of the Deed ofTrust.  This sale will be further subject to the right, if any, ofthe United States of America to redeem the above-described propertyfor a period of 120 days following the date when the final upset bidperiod has run.
Thepurchaser of the property described above shall pay the Clerk'sCommissions in the amount of $.45 per $100.00 of the purchase price(up to a maximum amount of $500.00), required by Section 7A308(a)(1)of the North Carolina General Statutes.  If the purchaser of theabove described property is someone other than the Beneficiary underthe Deed of Trust, the purchaser shall also pay, to the extentapplicable, the land transfer tax in the amount of one percent (1%)of the purchase price.
Tothe extent this sale involves residential property with less thanfifteen (15) rental units, you are hereby notified of the following:

a.   An order for possession of the property may be issued pursuant toSection 45-21.29 of the North Carolina General Statutes 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;and

b.   Any person who occupies the property pursuant to a rentalagreement entered into or renewed on or after October 1, 2007, may,after receiving the notice of sale, terminate the rental agreementupon 10 days' written notice to the landlord.  Upon termination of arental agreement, the tenant is liable for rent due under the rentalagreement prorated to the effective date of the termination.
This18th day of April, 2012.

POYNERSPRUILL LLP

By: __________________
DeborahSperati, Esq.
Attorneysfor Spruillco, Ltd.
P.O.Box 353
RockyMount, NC 27802
Telephone:(252) 972-7022

THEPUBLIC
WILLTAKE NOTICE

Thatthe Banner Elk Board of Adjustment will hold a scheduled meeting onMonday, 21 May, 2012 at 7:00 pm at the Banner Elk Police Department. The BOA will hear the following case:

7:00PM Call Meeting to Order Consideration of the April 2012 MinutesConditional Use Permit Application and Variance For Dave Bixby/TrishDaniels to place an auto sales office at 2331 Tynecastle Hwy inaddition to the existing business.  

Allplans and applications are on file at the Banner Elk  Town Hall forpublic inspection from 8:00 am until 4:30 pm, weekdays.

17158
12-SP-22
NOTICEOF SUBSTITUTE TRUSTEE'S FORECLOSURE SALE OF REAL AND PERSONALPROPERTY

  UNDERAND BY VIRTUE of the power and authority contained in that certainDeed of Trust executed and delivered by Albert Gersing (“Borrower”),dated July 9, 2009 and recorded on July 15, 2009 in Book RE 439 atPage 1610 of the Avery County, North Carolina Public Registry (“Deedof Trust”); and because of default in the payment of theindebtedness secured thereby and failure to carry out and perform thestipulations and agreements contained therein and, pursuant to demandof the holder of the indebtedness secured by the Deed of Trust, theundersigned Substitute Trustee will place for sale, at publicauction, to the highest bidder for cash at the usual place of sale atthe Avery County Courthouse, in Newland, North Carolina, onTUESDAY, MAY 22, 2012 at 10:00 AM all of Borrower's rights to theproperty described hereinbelow, including but not limited to,together with all rights, easements, appurtenances, royalties,mineral rights, oil and gas rights, crops, timber, all diversionpayments or third party payments made to crop producers, and allexisting and future improvements, structures, fixtures, andreplacements that may now, or at any time in the future, be a part ofthe real estate described above (all referred to as “Property”).The term Property also includes, but is not limited to, any and allwater wells, water, ditches, reservoirs, reservoir sites and damslocated on the real estate and all riparian and water rightsassociated with the Property, however established, situated, lyingand being in the Avery County, North Carolina, and being moreparticularly described as follows:
THEPROPERTY (“Property”) is Lot #2F SPORTING CLUB ANDCOTTAGES AT WILDERNESS TRAIL OF THE BLUE RIGHT MOUNTAINS also knownas 2F Appalachian Trail Banner Elk NC 28604. The Property is conveyedtogether with all the improvements which are on the Property, alleasements which are for the benefit of the Property (for example, butnot limited to, rights of way to public roads or rights to obtainwater), appurtenances to the Property, and fixtures now a part of theProperty.  The Property is described on a survey which is titled, “ARevised Planned Unit Development of the Sporting Club and Cottages atWilderness Trail.”  This survey was prepared by Robert K.Fuller of Appalachian Professional Land Surveyors & Consultants,PA, P.L.S. #L-4753, on September 4, 2008 (Last Revised March 12,2009), is surveyor”s map #09022 SCC-3, and is of record in theAvery County Registry of Deeds in Book 41 of Maps, at pages 66, 67,and 173 (sheet 3 of 4).  The description from the survey is includedin and made a part of this document as if fully set out in thisdocument.
PresentRecord Owner:  
AlbertGersing
PropertyAddress:
2FAppalachian Trail,
BannerElk, NC 28604
TaxParcel ID:
183700954614
Theterms of the sale are that the real property hereinbefore describedwill be sold for cash to the highest bidder. The sale of the personalproperty is made in accordance with N.C.G.S. § 25-9-604 (a) and(b).  A deposit of five percent (5%) of the amount of the bid orSeven Hundred Fifty Dollars ($750.00), whichever is greater, isrequired and must be tendered in the form of certified funds at thetime of the sale.  In the event that the note holder or its intendedassignee is exempt from paying the same, the successful bidder shallbe required to pay revenue stamps on the Trustee's Deed, and any LandTransfer Tax.
Thereal property hereinabove described is being offered for sale "ASIS, WHERE IS" and will be sold subject to all superiorliens, unpaid taxes, and special assessments.  Other conditions willbe announced at the sale. The sale will be held open for ten (10)days for upset bids as by law required.  
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 the sale andreinstatement of the loan without the knowledge of the Trustee.  Ifthe validity of the sale is challenged by any party, the Trustee, inits sole discretion, if it believes the challenge to have merit, maydeclare the sale to be void and return the deposit.  The purchaserwill have no further remedy.

AdditionalNotice Where the Real Property is Residential With Less Than 15Rental Units:
Anorder for possession of the property may be issued pursuant toN.C.G.S. § 45-21.29 in favor of the purchaser and against theparty or parties in possession by the clerk of superior court of thecounty 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 the notice of sale, terminate the rental agreement upon 10days¡Ç written notice to the landlord.  Upon terminationof a rental agreement, the tenant is liable for rent due under therental agreement prorated to the effective date of the termination.
Anyperson who occupies the property pursuant to a bona fide lease ortenancy may have additional rights pursuant to Title VII of 5.896-Protecting Tenants at Foreclosure Act which became effective on May20, 2009.
_____________________
DavidA. Simpson, P.C.
SubstituteTrustee
By:David A. Simpson, Attorney
6047Tyvola Glen Circle
Charlotte,NC 28217
(704)619-6551
Posted:_______________
Witness:
  Assistant/DeputyClerk of Superior Court