Legals

ADMINISTRATORS NOTICE
TO CREDITORS

Having qualified as Administrator of the estate of Agnes M. Cabe, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the estate of said Agnes M. Cabe, deceased, to exhibit them to the undersigned on or before the 15th day of February, 2021,or this Notice will be pled in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 18th day of November, 2020.

David Russell Cabe
Administrator
Fred H. Jones
Attorney for Estate
JONES, KEY, MELVIN & PATTON, P.A.
61 East Main
Franklin, North Carolina 28734
(828) 524-4444
11/18/2020-12/09/2020#609749

EXECUTOR'S NOTICE

Having qualified as Executor of the Estate of Arthur Howell Cooper, deceased, late of Macon County, North Carolina, this is to notify all persons having claim against the estate of said deceased to exhibit them to the undersigned on or before the 18th day of February, 2021, or this notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 10th day of November, 2020.

Katharine Cooper Hardin, Executor
Attorney for the estate:ORVILLE D. COWARD, JR.COWARD, HICKS & SILER, P.A.
43 West Main Street
Franklin, North Carolina 28734
11/18/2020-12/09/2020#609879

CREDITOR'S NOTICE

Having qualified as Personal Representative of the Estate of David Walter Smith, deceased, late of Macon County, North Carolina, this is to notify all persons having claim against the Estate of said deceased to exhibit them to the undersigned on or before the 19th day of February, 2021, or this Notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.

This the 18th day of November, 2020.
Gail Michele SmithPersonal Representative
c/o Russell R. Bowling
Attorney at Law
77 West Main Street
Franklin, NC 28734
11/18/2020-12/09/2020#610017

EXECUTOR'S NOTICE

Having qualified as Executor of the Estate of Jean D. Sullivan, deceased, late of Macon County, North Carolina, this is to notify all persons having claim against the estate of said deceased to exhibit them to the undersigned on or before the 18th day of February, 2021, or this notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 10th day of November, 2020.

Robert Sullivan, Executor
Attorney for the estate:
Monty C. Beck
COWARD, HICKS & SILER, P.A.
43 West Main Street
Franklin, North Carolina 28734
11/18/2020-12/09/2020#609786

CREDITOR'S NOTICE

Having qualified as Executor of the Estate of Mark Allen Bennett, deceased, late of Macon County, North Carolina, and owning property in Macon County, North Carolina, this is to notify all persons having claims against the said deceased, to exhibit them to the undersigned on or before the 28th day of February 2021, or this notice will be pled in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 18th day of November, 2020.

Herbert Stephen Goff, Jr., Executor
Jeffrey W. Gillette, Attorney
for the Estate
P.O. Box 32, Franklin, NC 28734
11/18/2020-12/09/2020#609968

NOTICE OF
FORECLOSURE SALE
20 SP 46

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Derek A. Gwinn, Claudine Gwinn (PRESENT RECORD OWNER(S): Derek A. Gwinn and Claudine Gwinn) to PRLAP, Inc., Trustee(s), dated December 26, 2003, and recorded in Book No. R 27, at Page 1933 in Macon County Registry, North Carolina, default having been made in the payment of the promissory note 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 Macon 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 Franklin, Macon County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on December 3, 2020 and will sell to the highest bidder for cash the following real estate situated in Topton in the County of Macon, North Carolina, and being more particularly described as follows:
Lot #63 of Section 4 of Little Choga's Place, containing 3.02 acres, more or less, (total) as shown on the plat of survey by Southern Boundary Surveying Company, dated March 24, 1997, as certified by D. Bruce Black, RLS, and recorded in Plat Card 3422, Macon County Registry, reference to which is hereby made for further and more complete description. Together with improvements located thereon; said property being located at Lot 63, Section 4, Little Choga's Place, Indian Lake Road, Topton, North Carolina.
Together with a perpetual, nonexclusive easement for purposes of ingress and egress, over and along the subdivision access roads extending through Little Choga's Place, located as shown on the aforesaid recorded survey plat reference to which is hereby made for further and more complete description and location; and extending thence from the northwest or west boundary line of Little Choga's Place with the continuation of said access road in a general northwest direction to its intersection with N.C.S.R. #1402 (Little Choga Road). This easement includes the right to go upon the servient tenements with workmen to improve, repair and maintain said access road, as may be necessary from time to time. This easement is appurtenant to and for the benefit of the hereinabove described tract, and Grantors warrant to Grantee and their heirs, successors and assigns as herein state full use and enjoyment, of this easement.
The easement granted hereby shall run with the hereinabove described tract as to all property burdened and benefited by such easement, including any division or partition of such property. The rights, covenants and obligations contained in this easement shall bind, burden and benefit the successors and assigns, lessees or mortgagees of the Grantors and the Grantees.
Subject, however, to a perpetual non-exclusive easement for purposes of ingress, egress and utilities 22 1/2 feet wide from the centerline of the subdivision access roads, as said roads run along portion of the property lines of the hereinabove described lot located as shown on the above-referenced survey plot, reference to which is hereby made for greater certainty of location and description. This easement includes the right to go upon the servient tenement with workmen to improve, repair and maintain such facilities as may be necessary from time to time.
This conveyance is expressly made subject to those certain covenants, restrictions and conditions governing Little Choga's Place contained in a certain instrument recorded in Book Q-21, Page 655 - 663, as amended in Book X-21, Pages 655 - 659 and supplemented in Book X-21, Pages 40 - 42, and Book K-23, Page 1098 - 1099 and Book X-24, Pages 2197 - 2198 and Book C-25, Pages 841 -842 and Book C-25, Page 841 - 842, Macon County Registry, reference to which is hereby made.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §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 are expressly disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, 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.
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 its sole discretion, if it believes 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.
Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property
An order for possession of the property may be issued pursuant to N.C.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 foreclosure sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days but not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement,

SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Firm Case No: 3368 - 8557
11/18/2020-11/25/2020#608844

CREDITOR'S NOTICE

Having qualified as Personal Representative of the Estate of Patricia Marie Parker, deceased, late of Holly Hill, Florida, and owning property in Macon County, North Carolina, this is to notify all persons having claims against the said deceased, to exhibit them to the undersigned on or before the 28th day of February, 2021, or this notice will be pled in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 18th day of November, 2021.

John B. Harmon, Jr., Personal Representative
Jeffrey W. Gillette
Attorney for the Estate
133 East Palmer St., Suite 101
Franklin, NC 28734
11/18/2020-12/09/2020#610141

PUBLIC NOTICE
SALE OF COUNTY PROPERTY

An offer of $4,000 has been submitted for the purchase of a panoramic x-ray machine owned by Macon County.
Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the office of the County Manager, 5 W Main Street, Franklin, NC, 28734., by 5:00 P.M., December 1, 2020. At that time, the County Manager shall open the bids, if any, and the highest qualifying bid will become the new offer. If there is more than one bid in the highest amount, the first such bid received will become the new offer.
A qualifying higher bid is one that raises the existing offer to an amount not less than $4,250.
A qualifying higher bid must be accompanied by a deposit in the amount of five percent (5%) of the bid; the deposit may be made in cash, cashiers check, or certified check. The county 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. The county will return the deposit of the final high bidder at closing.
The buyer must pay in full at closing.
The board of commissioners must approve the final high upset bid offer before the sale is closed, which it will do within 30 days after the final upset bid period has passed. The county reserves the right to withdraw the property from sale at any time before the final high bid is accepted and the right to reject at any time all bids.
Further information may be obtained at the office of the County Manager, 5 W Main Street, Franklin, NC 28734, or at telephone 828-349-2025 during normal business hours.
11/18/2020#610011

EXECUTOR'S NOTICE
TO CREDITORS

Having qualified as Executor of the estate of Betty Sue Bukowsky, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the estate of said Betty Sue Bukowsky, deceased, to exhibit them to the undersigned on or before the 1st day of February, 2021, or this Notice will be pled in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 4th day of November, 2020.

Rita K. Burrell Executor
Fred H. Jones

Attorney for Estate
JONES, KEY, MELVIN & PATTON, P.A.
61 East Main
Franklin, North Carolina 28734 (828) 524-4444.
11/04/2020-11/25/2020#607866

ADMINISTRATOR'S NOTICE

Having qualified as Administrator of the estate of, Bruce Alan Bryson, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 4th day of February, 2021 or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 4th day of November, 2020.

Marcie B. Carpenter (Administrator)
247 Rose Creek Road
Franklin, NC 28734
11/04/2020-11/25/2020#607607