The Council of the Town of Boone has authorized the Chief of Police to dispose of the following property by private sale at a negotiated price:
87 Police Department Firearms
The sale may be consummated no earlier than March 30,2010. Inquiries regarding the sale may be directed to Dana Crawford, Chief of Police, (828) 268-6900 or email dana.crawford@townofboone.net.
This notice is published in accordance with G.S. 160A-267.
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK
ESTATE FILE 10 E 48
EXECUTOR'S NOTICE
Having qualified as EXECUTOR of the estate of ELMER W. FOX, SR., deceased of 211 Milton Brown Heirs Road, Boone, Watauga County, North Carolina 28607, this is to notify all persons having claims against the estate of said ELMER W. FOX, SR. to present them to the undersigned on or before June 7, 2010 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 2nd day of March, 2010
E. Wendell Fox, Jr. 210 Rocky Point Acres Deep Gap, NC 28618 Robert B. Angle, Jr. Attorney at Law 910 W. King Street Boone, NC 28607
STATE OF NORTH CAROLINA WATAUGA COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK
ESTATE FILE 10 E 18
EXECUTOR'S NOTICE
Having qualified as EXECUTOR of PATRICIA PILCHARD, deceased of 249 Ivy Drive, Boone, Watauga County, 28607. This is to notify all persons having claims against the estqte of said PATRICIA PILCHARD present them to the undersigned on or before June 5, 2010 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.
NORTH CAROLINA IN THE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION WATAUGA COUNTY BEFORE THE CLERK 09-SP-308 In the Matter of the Foreclosure of Deed of Trust executed by Anays C. Collazo and Mario J. Collazo dated December 4, NOTICE OF SALE 2007, and recorded in Record Book 1338 Page 424, Watauga County, North Carolina, Public Registry, by Chester E. Whittle, Jr., Substitute Trustee.
Under and by virtue of the power of sale contained in a certain Deed of Trust executed by Anays C. Collazo and Mario J. Collazo, dated December 4, 2007, and recorded in Record Book 1338 at Page 424, in the Office of the Register of Deeds of Watauga 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 Watauga County Courthouse 842 King Street Boone, NC 10:00 a.m. Wednesday, March 24, 2010
all of the property conveyed in said Deed of Trust, including any improvements thereon, which property, as of March 2, 2010, was owned by Anays C. Collazo and Mario J. Collazo, as reflected by the records of the office of the Watauga County Register of Deeds, the same lying and being in Brushy Fork Township, Watauga County, North Carolina and more particularly described as follows:
BEING all of Lot 20, Linville Creek Crossing, located in Brushy Fork Township, Watauga County, North Carolina, being more particularly described on a plat recorded in Plat Book 18, Page 200, Watauga County, North Carolina, Public Registry.
Conveyed herewith is a 1/6 undivided interest in and to Well #4 located on Lot 17, for residential water supply for the benefit of Lot 20, together with the right of ingress, egress and regress for the purpose of laying and maintaining a pipeline from Well #4 located on Lot 17 to the residence to be located on Lot 20 and for the maintenance, upkeep and repair of said well and pipeline. The owners of Lot 20 for themselves, their heirs, successors and assigns agree to pay their pro-rata share of the common expenses of said well, pump (including cost of electricity for the pump), equipment and common water line and all expenses for their separate water line. No guaranty is made as to the purity or quantity of the water from said well.
Exceptions:
Subject to the Declaration of Restrictions for Linville Creek Crossing recorded in Book 1057, Page 894, Watauga County, North Carolina, Public Registry.
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 Watauga 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 2nd day of March, 2010.
Chester E. Whittle, Jr., Substitute Trustee 756 West King Street Boone, North Carolina 28607 828/264-6661
Posted at Watauga County Courthouse March 2, 2010 Publication Dates: March 12 and 19, 2010, Watauga Democrat
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by SYLVIA ALKINS, A MARRIED WOMAN and husband LARRY ALKINS to GERALD R. MCKINNEY, Trustee(s), which was dated September 6, 2008 and recorded on September 9, 2008 in Book BR 1399 at Page 16, 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, 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 MARCH 30, 2010 AT 10:00AM, and will sell to the highest bidder for cash the following described property situated in Watauga County, North Carolina, to wit:
BEGINNING at an iron set, the same being a corner common with what is now formerly Properties for Children, thence South 10 degrees 48 minutes West 18.83 feet to an iron set, thence South 10 degrees 45 minutes East 157.56 feet to an iron set, the same being in the margin of Balsam Road, thence North 64 degrees 27 minutes West 57.07 feet to an iron set, thence North 64 degrees 22 minutes West 49.51 feet to an iron set, thence North 36 degrees 26 minutes West 62.65 feet to an iron set, thence North 27 degrees 06 minutes West 57.06 feet to an iron set, thence North 53 degrees 30 minutes West 29.82 feet to an iron set, a corner common with what is now or formerly Hedrick, thence North 86 degrees 58 minutes East 157.68 feet to the point of BEGINNING. Containing 0.38 acre and being all of Lot 396, Section AA, of the property known as Westridge, Beech Mountain, and being described on a survey map by Michael M. Lacey, PLS #L1497, map dated 26 February 2008, map file #08-02-19-015.
The Conveyance is subject to those Declaration of Restrictions recorded in Book 104, Page 322, Watauga County , North Carolina , Public Registry.
A map showing the above described property is recorded in Plat Book 5, Page 96 of the 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 101 Balsam Lane, Beech Mountain, NC 28604 .
Third party purchasers must pay the excise tax, and the court costs of Forty-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 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 Slylvia Alkins.
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.
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
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 10 E 58
NOTICE TO CREDITOR'S
As the Executrix of the Estate of Forrest Alexander Greene, Jr., deceased of 3900 Hwy 194 N, Boone, NC 28607, Watauga County, North Carolina, this is to notify all persons having claims against the estate of said Forrest Alexander Greene, Jr., TO PRESENT them to the undersigned on or before June 12, 2010 or this notice will be pleaded in bar of their recovery. All persons, firms, and corporations indebted to said estate will please make immediate payment.
This the 3rd day of March, 2010
Deborah Earp Greene, Executrix Linda L. Johnson Nathan A. Miller Miller & Johnson, PllC P.O.Box 49 Boone, NC 28607 828-264-1125
Having qualified on February 9, 2010 as Administrator of the Estate of DEANA ELIZABETH SCHERMERHORN MEADE, deceased, late of Watauga County, North Carolina, this is to notify all persons, firms, and corporations having claims against the deceased to exhibit the same to the undersigned on or before June 7, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms, and corporations indebted to the estate should make immediate payment.
Jon C. Poulakis, Administrator of The Estate of Deana Elizabeth Schermherhorn Meade 37 Dewberry Drive Rochester, NY 14622-125
Kelly Johnson, Attorney & Resident Process Agent for The Estate of Deana Elizabeth Schermerhorn Meade P.O. Box 520 Newland, NC 28657
Town of Boone Request for bids The Town of Boone is soliciting sealed bids from experienced and qualified tree contracting firms to provide a per unit price for hanger/hazardous tree removal. The contractor shall provide all equipment, supervision and labor. The contractor shall provide proof of insurance coverage of $1,000,000 which satisfies Town requirements. Bid opening is scheduled for 10:00am on March 29, 2010 at Town of Boone Public Works Center, 321 East King Street, Boone, NC 28607. For more information regarding bid submittals, contact Shannon Isaacs at 828-268-6230.
The next meeting of the Northwestern Regional Housing Authority Board of Trustees has been scheduled for Wednesday, March 24, 2010 at Northwestern Regional Housing Authority, 869 Highway 105 Extension in Boone, NC beginning at 6:30pm. The public is welcome to attend.
Watauga County is accepting proposals for the purpose of selecting a Commercial Real Estate Broker/Listing Agent to represent the County in marketing and negotiating the sale of the old Watauga County High School Property. The property is identified as the existing Watauga County High School property, consisting of 74.641 acres, more or less, as described at Book of Records 1084, Page 728; Book of Records 1084, Page 732; and Book of Records 1353, Page 115 located in the Watauga County Register of Deeds Office. The current asking price is $28 million. RFP packages are available at www.wataugacounty.org or you may contact Deron Geouque, Deputy County Manager, at Deron.Geouque@watgov.org or 828-265-8000. All proposals must be contained within a package that is marked “Watauga High School Real Estate Broker/Listing Agent” and addressed to the following: Watauga County, ATTN Deron Geouque, 814 West King Street, Boone, NC, 28607, and be received no later than 5:00 PM, March 31, 2010. Watauga County reserves the right to reject any and all RFPs.
NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION WATAUGA COUNTY BEFORE THE CLERK 09-SP-307 In the Matter of the Foreclosure of Deed of Trust executed by Anays C. Collazo and Mario J. Collazo dated December 4, NOTICE OF SALE 2007, and recorded in Record Book 1338 Page 388, Watauga County Registry, by Chester E. Whittle, Jr., Substitute Trustee.
Under and by virtue of the power of sale contained in a certain Deed of Trust executed by Anays C. Collazo and Mario J. Collazo, dated December 4, 2007, and recorded in Record Book 1338 at Page 388, in the Office of the Register of Deeds of Watauga 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 Watauga County Courthouse 842 King Street Boone, NC 10:00 a.m. Wednesday, March 24, 2010
all of the property conveyed in said Deed of Trust, including any improvements thereon, which property, as of March 2, 2010, was owned by Anays C. Collazo and Mario J. Collazo, as reflected by the records of the office of the Watauga County Register of Deeds, the same lying and being in Brushy Fork Township, Watauga County, North Carolina and more particularly described as follows:
BEING all of Lot 1, Linville Creek Crossing, located in Brushy Fork Township, Watauga County, North Carolina, being more particularly described on a plat recorded in Plat Book 18, Page 200, Watauga County, North Carolina, Public Registry.
Conveyed herewith is a 1/6 undivided interest in and to Well #1 located on Lot 17, for residential water supply for the benefit of Lot 1, together with the right of ingress, egress and regress for the purpose of laying and maintaining a pipeline from Well #1 located on Lot 17 to the residence to be located on Lot 1 and for the maintenance, upkeep and repair of said well and pipeline. The owners of Lot 1 for themselves, their heirs, successors and assigns agree to pay their pro-rata share of the common expenses of said well, pump (including cost of electricity for the pump), equipment and common water line and all expenses for their separate water line. No guaranty is made as to the purity or quantity of the water from said well. Exceptions
Subject to the Declaration of Restrictions for Linville Creek Crossing recorded in Book 1057, Page 894, Watauga County, North Carolina, Public Registry.
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 Watauga 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 2nd day of March, 2010.
By: Chester E. Whittle, Jr., Substitute Trustee 756 West King Street Boone, North Carolina 28607 828/264-6661
Posted at Watauga County Courthouse March 2, 2010 Publication dates Watauga Democrat: March 12 and 19, 2010
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