Legals

NOTICE OF
FORECLOSURE SALE
FILE NUMBER: 24 SP 21

Under and by virtue of the power of sale contained in a certain Deed of Trust executed by WILLIAM MICHAEL ASHE payable to ATLANTIC BAY MORTGAGE GROUP LLC, lender, to FRED H. MOODY, JR. ATTORNEY AT LAW, Trustee, dated March 18, 2021, and recorded in Book CRP S-40, Page 2382 of the Macon County Public Registry by Anthony Maselli or Genevieve Johnson, either of whom may act, Substitute Trustee, default having been made in the terms of agreement set forth by the loan agreement secured by the said Deed of Trust and the undersigned, Anthony Maselli or Genevieve Johnson, either of whom may act, having been substituted as Successor Trustee in said Deed of Trust by an instrument duly recorded in the Official Records of Macon County, North Carolina, in Book CRP Y-42, Page 1304, 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 Macon County, North Carolina, or the customary location designated for foreclosure sales, on Wednesday, May 1, 2024 at 12:00 pm, and will sell to the highest bidder for cash the following real estate situated in the County of Macon, North Carolina, and being more particularly described as follows:
PARCEL IDENTIFICATION NUMBER(S): 6596606900
ADDRESS: 118 4 WHEEL DR., FRANKLIN, NC 28734
PRESENT RECORD OWNER(S): WILLIAM MICHAEL ASHE

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF NORTH CAROLINA, COUNTY OF MACON, AND IS DESCRIBED IN DEED BOOK CRP S-40, PAGE 2382 AS FOLLOWS:
BEING ALL OF THE LANDS, EASEMENTS, PRIVILEGES AND APPURTENANCES AS DESCRIBED IN THE DEED DATED MARCH 29, 1993 FROM DONALD L. WILLIS, JR. TO ROBIN SMITH WILLIS, RECORDED IN BOOK V-19, PAGES 1883-1884, MACON COUNTY PUBLIC REGISTRY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING THE SAME LANDS, EASEMENTS, PRIVILEGES AND APPURTENANCES AS DESCRIBED IN THE DEED DATED NOVEMBER 12, 1984 FROM HOMER L. GREEN AND WIFE, SHAREN D. GREEN TO DONALD L. WILLIS, JR. AND WIFE, ROBIN L. WILLIS RECORDED IN BOOK I-16, PAGE 115, MACON COUNTY PUBLIC REGISTRY, AND BEING DESCRIBED THEREIN AS FOLLOWS:
"BEING ALL OF THAT PROPERTY AS DESCRIBED IN A DEED DATED 11 MAY 1971 FROM A. E. FRIZZELL AND WIFE, VELMA FRIZZELL, TO HOMER L. GREEN AND WIFE, SHAREN D. GREEN, AS RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS, MACON COUNTY, NORTH CAROLINA, IN DEED BOOK U-8, PAGE 145, AND BEING DESCRIBED THEREIN AS FOLLOWS:
"BEGINNING AT AN IRON PIPE, REPLACING A BLACK OAK, SAME BEING THE SOUTHERNMOST POINT OF LOT NO. 12 OF THE MARGARET B. MCGUIRE SUBDIVISION AS SHOWN ON A PLAT THEREOF MADE BY W. N. SLOAN IN MARCH 1949 AND RECORDED IN PLAT BOOK I, PAGE 152 (NOW PLAT CABINET I, SLIDE 29, PAGE 6), OFFICE OF THE REGISTER OF DEEDS FOR MACON COUNTY, NORTH CAROLINA; AND RUNS THENCE FROM SAID POINT OF BEGINNING WITH THE KLATT LINE, SOUTH 25 DEG. 00 MIN: EAST, 150 FEET TO AN IRON PIPE; THENCE SOUTH 31 DEG. 30 MIN. WEST, 237 FEET TO AN IRON PIPE ON THE NORTHEAST MARGIN OF AN ACCESS ROAD; THENCE WITH THE NORTHEAST MARGIN OF SAID ACCESS ROAD, NORTH 52 DEG. 26 MIN. WEST, 191 FEET TO AN IRON PIPE; THENCE WITH THE SOUTHEAST MARGIN OF ANOTHER ACCESS ROAD (WHICH ACCESS ROAD INTERSECTS WITH THE ACCESS ROAD ABOVE REFERRED TO), NORTH 18 DEG. 06 MIN. EAST, 240 FEET TO AN IRON PIPE; THENCE SOUTH 86 DEG. 00 MIN. EAST, 138 FEET TO THE POINT OF BEGINNING.
"PARTIES OF THE FIRST PART FURTHER CONVEY TO PARTIES OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, THE RIGHT TO USE IN COMMON WITH THE PARTIES OF THE FIRST PART, THEIR HEIRS AND ASSIGNS, AND ALL OTHER PERSONS WHO NOW HAVE OR MAY HEREAFTER ACQUIRE THE RIGHT TO USE THE SAME, THE PRESENTLY EXISTING ACCESS ROADS HEREINABOVE REFERRED TO, TOGETHER WITH THE CONTINUATION THEREOF TO THE LAKE EMORY STATE ROAD.
"THIS CONVEYANCE IS MADE SUBJECT TO THE EASEMENTS AND RIGHTS DESCRIBED IN A DEED FROM MARGARET B. MCGUIRE TO LEONARD J. CODNER AND WIFE, DATED APRIL 11, 1960. AND RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR MACON COUNTY, NORTH CAROLINA, IN DEED BOOK Q-6, PAGE 450 AND CONVEYS ALL RIGHTS IN REGARD TO THE USE OF LAKE EMORY AS CONVEYED THEREIN.
"THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING RESTRICTIONS:
#1. THE PROPERTY ABOVE DESCRIBED SHALL BE USED FOR RESIDENTIAL PURPOSES ONLY.
#2. ONLY ONE RESIDENCE AND ONE GARAGE OR CARPORT TO SERVE SAID RESIDENCE SHALL BE BUILT UPON ANY LOT IN SAID SUBDIVISION.
#3. EACH RESIDENCE SHALL CONTAIN AT LEAST 720 SQUARE FEET OF HEATABLE FLOOR SPACE.
#4. NO SHEET METAL ROOFING SHALL BE USED IN THE CONSTRUCTION OF ANY BUILDING UPON THIS PROPERTY AND THE OUTSIDE WALLS SHALL BE OF EITHER MASONRY, ASBESTOS. OR SIMILAR SIDING OR WEATHERBOARDING OR LIKE MATERIAL OF EQUAL VALUE OR BETTER.
#5. NO BUILDING SHALL BE BUILT UPON SAID PROPERTY DEIGNED FOR THE KEEPING OF LIVESTOCK OR POULTRY AND NO LIVESTOCK OR POULTRY OR OTHER ANIMAL, EXCEPT FOR HOUSEHOLD PETS, SHALL BE KEPT OR MAINTAINED ON THE PROPERTY.
#6. NO OUTSIDE TOILETS SHALL HE BUILT UPON SAID 'PROPERTY AND ALL SANITARY INSTALLATIONS SHALL BE IN COMPLIANCE WITH THE RULES AND REGULATIONS OF THE HEALTH DEPARTMENT OF THE STATE OF NORTH CAROLINA.
#7. NO RESIDENCE SHALL BE BUILT CLOSER THAN 5 FEET TO THE PROPERTY LINE OF ANY ADJOINING LAND OWNER OR ROAD RIGHT OF WAY.
#8. NO PART OF SAID PREMISES SHALL BE USED AS A JUNK YARD OR FOR ANY UNSANITARY OR OBNOXIOUS PURPOSE.
"THE RESTRICTIONS HEREIN CONTAINED ARE COVENANTS RUNNING WITH THE LAND AND SHALL BE IN EFFECT FOR A PERIOD OF 40 YEARS FROM THIS DATE".
THIS CONVEYANCE IS MADE SUBJECT TO EASEMENTS FOR EXISTING ROADWAYS AND UTILITY LINES AND FACILITIES, RESTRICTIONS OF RECORD AND TO APPLICABLE LAND USE LAWS AND ORDINANCES.
Trustee may, in the Trustees 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, 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 BANK-RUPTCY 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.

Robertson, Anschutz, Schneid, Crane &Partners, PLLC
110 Frederick St, Suite 200
Greenville, South Carolina 29607
Phone: (470) 321-7112, Ext. 204
Fax: 1-919-800-3528
RAS File Number: [23-171652]

4/17/24 & 4/24/24 | #809338

ADVERTISEMENT FOR BIDS
Pursuant to North Carolina General Statutes 143-131 as amended, Macon County will accept sealed bids for the Macon County Greenway Paving Project until Friday, April 26, 2024 at 4:00 p.m. in the office of Lindsay Leopard, Purchasing Agent, located at the Macon County Annex Building, 5 West Main Street, Franklin, North Carolina 28734, at which date, time and place Macon County will publicly open and read aloud each bid. Interested parties may obtain a complete description of the Macon County Greenway Paving Project from Lindsay Leopard, Purchasing Agent, 5 West Main Street, Franklin, NC 28734, Phone Number (828) 524-1640, anytime Monday through Friday 8:00 a.m. until 5:00 p.m., except holidays. The contract for the same will be awarded to the lowest responsible bidder taking into consideration quality, performance, and the time specified in the proposal for the performance of the contract. Notwithstanding the foregoing, Macon County reserves the right to reject any or all bids.
All Bidders shall seal the envelopes containing proposals and mark upon the outside the following: Macon County Greenway Paving Project - TO BE OPENED APRIL 26, 2024 @ 4:00 P.M. The name and address of the bidder must be plainly marked on the outside of each envelope.
Minority businesses, womens businesses and labor surplus area firms are encouraged to submit bids.

Macon County
Franklin, NC

04/17/2024 #811345

PUBLIC NOTICE
FEDERAL PROJECTS
REVIEW OF NC TITLE I, TITLE II, and TITLE III, TITLE IV, and CAREER TECHNICAL EDUCATION
Macon County Schools will make application for Federal funding for the 2024-2025 school year under the following programs:
NC Title 1 Application 2024-2025
Improving the Academic Achievement of the Disadvantaged Every Student Succeeds Act (ESSA) (P.L. 114-95)
And
NC Title II Application 2024-2025 Improving Teacher Quality
Every Student Succeeds Act (ESSA) (P.L. 114-95)
And
NC Title III 2024-2025 Application Limited English Proficient Students (ESSA 2016)
And
NC Title IV, Part A, Subpart 1 (2024-2025) Student Support and Academic Enrichment
And Career Technical Education (2024-2025) Carl Perkins Act

Interested persons are encouraged to review the Federal Projects and make comments concerning the implementation of services under this program. Projects are open to the public for review and comments during the weeks of May 06 May 10, 2024 in the office of Mr. Josh Lynch, Superintendent located at the Macon County Board of Education, 1202 Old Murphy Road, Franklin, NC 28734.

04/17/2024-04/18/2024 #810961

PUBLIC NOTICE
The Individuals with Disabilities Education Act (IDEA-Part B, Public Law 108.446) Project is presently being amended. The Project describes the special education programs that Macon County Schools proposes for Federal funding for the 2024-2025 School Year. Interested persons are encouraged to review amendments to the Project and make comments concerning the implementation of special education under this Federal Program. All comments will be considered prior to submission of the amended Project to the North Carolina Department of Public Instruction in Raleigh, North Carolina. The IDEA-Part B Project is open to the public for review and comments during the week of May 06-10, 2024 in the office of Brooke Keener Director of Exceptional Children Programs, located at Macon County Schools Administrative Offices, 1202 Old Murphy Rd., Franklin, NC 28734.

04/17/2024-04/18/2024 #810845

NORTH CAROLINA
MACON COUNTY
Special Proceedings
No. 24 SP 12
Substitute Trustee:
Philip A. Glass

NOTICE OF FORECLOSURE SALE

Date of Sale: April 29, 2024
Time of Sale: 11:30 a.m.
Place of Sale:
Macon County Courthouse
Description of Property:
See Attached Description
Record Owners:
Latisha Nicole Moses
Address of Property:
323 Hyatt Road Franklin, NC 28734

Deed of Trust:
Book : Y-39 Page: 2458
Dated: June 9, 2020
Grantors: Larry W. Moses
Original Beneficiary:
Local Government Federal Credit Union

CONDITIONS OF SALE:
This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute 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 that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Residential real 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 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 notice of 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 the 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, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

Dated: 3/25/24Philip A. Glass,
Substitute Trustee
Nodell, Glass & Haskell, L.L.P.

Posted on 3/25/24
Exhibit A

A CERTAIN TRACT OR PARCEL OF AND IN FRANKLIN TOWNSHIP, MACON COUNTY, STATE OF NORTH CAROLINA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE BRANCH RUNNING FROM THE T.A. TALLENT SPRING, SAID POINT BEING IN THE ALEX BATEMAN LINE; RUNNING THENCE UP THE BRANCH TO THE ROAD LEADING TO THE T.A. TALLENT HOME; THENCE WITH THE MARGIN OF THE ROAD TO ITS INTERSECTION WITH THE ALEX BATEMAN LINE; THENCE WITH THE ALEX BATEMAN LINE IN A SOUTHERLY DIRECTION TO THE POINT OF BEGINNING, CONTAINING 2 ACRES, MORE OR LESS, AND BEING A PART OF THE LAND DESCRIBED IN A DEED FROM J.P. HYATT AND WIFE TO T. A. TALLENT AND WIFE, SAID DEED DATED JULY 17, 1950, AND RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR MACON COUNTY, N.C., IN DEED BOOK Y-5, PAGE 570.
Subject to easements, restrictions and rights of way of record, and utility lines and rights of way in existence over, under or upon the above-described property.
PIN: 6595906161
Property Address: 323 Hyatt Rd. Franklin, NC 28734

4/17/24 -4/24/24 #808844

Public Notice
Macon Program for Progress in Macon County, Franklin, NC area is accepting bids for the Child and Adult Care Food Program (CACFP). The USDA program operates Monday through Friday at the New Horizon Centers located at 82 E. Orchard View Ln. in Franklin, NC.
The program provides breakfast, lunch and a pm snack daily for an estimated 3147 meals prepared for children in a week. The invitation to Bid packet will be available via email, USPS or on MPP website at mppnhc.org and will start April 17, 2024 and go through April 26, 2024. It is available for pick up between 8 a.m. to 5 p.m. daily.
Bids are accepted until May 3, 2024. Bids must be securely sealed in suitable envelope, addressed to Macon Program for Progress, Attention: Crystal Nix, P. O. Box, 700 Franklin, NC 28744. Bids will be opened on June 14, 2024, at 2:00 p.m. at Macon Program for Progress, 82 E. Orchard View Ln. Franklin, NC 28734. Vendors are invited to attend.
For questions, please contact Crystal Nix, Nutrition Supervisor, at 828-524-4471 or at cnix@mppnhc.org. CACFP program contract are subject to review by the North Carolina Department of Health and Human Services, CACFP program.
This institution is an equal opportunity provider.

Macon Program for Progress
Crystal Nix
P.O. Box 700
Franklin, NC 28734.

04/17/2024-04/24/2024 #810491

TOWN OF FRANKLIN
PUBLIC NOTICE

Notice is hereby given that a public hearing will be held by the Town Council of the Town of Franklin, North Carolina at 6:15 p.m. or as soon as possible thereafter on Monday, May 6, 2024 in the Town Hall Board Room at 95 East Main Street Franklin, NC 28734. The purpose of said hearing shall be to consider an amendment to the zoning map of the Town of Franklin Unified Development Ordinance, the effect of which will be essentially as follows:
To change and modify the zoning classification as established by the zoning ordinance and the maps to which it refers by converting 4 parcel of land totaling 31.71 acres at Panther Drive, McCollum Drive and Wayah Street. The effect of the proposed change will be the rezoning of said properties from Neighborhood Mix Use (NMU) to Residential Secondary (R-2). The requesting property is owned by Macon County and also known as Macon County tax parcel numbers 6594175746, 6594088256, 6594078281 and 6594170017.
Parties in interest and citizens shall have an opportunity to be heard at said hearing. Information concerning the proposed amendment and a map of the property involved may be examined in the office of the Land Use Administrator, Town of Franklin, North Carolina at any time during regular business hours prior to the hearing.
Town of Franklin
Nicole Bradley
Town Clerk

4/17 & 4/24/24 | 809861

TOWN OF FRANKLIN
PUBLIC HEARING

Conditional Use
Rezoning Application

Notice is hereby given that a public hearing will be held by the Town Council of the Town of Franklin, North Carolina at 6:08 p.m. or as soon as possible thereafter on Monday, May 6, 2024 in the Town Hall Board Room at 95 East Main Street, Franklin, NC 28734. The purpose of said hearing shall be to consider a Conditional Use Application, the effect of which will be essentially as follows:
Whether to allow a four structure 60-unit housing development off of Siler Road, owned by James Vanderwoude and developed by Solstice Partners. The parcel is 7.2 acres and listed as parcel identification number 6594135157 on the Macon County tax records.
Parties in interest and citizens shall have an opportunity to be heard at said hearing. Information concerning the proposed Conditional Use application involved may be examined at the office of the Town Clerk and Land Use Administrator, Town of Franklin, North Carolina at any time during regular business hours prior to the hearing.

Town of Franklin
Nicole Bradley
Town Clerk

4/17 & 4/24/24 | 809854

TOWN OF FRANKLIN
PUBLIC HEARING

Conditional Use
Rezoning Application

Notice is hereby given that a public hearing will be held by the Town Council of the Town of Franklin, North Carolina at 6:05 p.m. or as soon as possible thereafter on Monday, May 6, 2024 in the Town Hall Board Room at 95 East Main Street, Franklin, NC 28734. The purpose of said hearing shall be to consider a Conditional Use Application, the effect of which will be essentially as follows:
Whether to allow a single structure 54-unit senior housing development off of Siler Road, owned by David Stiles and developed by Broadcraft Construction. The parcel is 10.63 acres and listed as parcel identification number 6584931405 on the Macon County tax records.
Parties in interest and citizens shall have an opportunity to be heard at said hearing. Information concerning the proposed Conditional Use application involved may be examined at the office of the Town Clerk and Land Use Administrator, Town of Franklin, North Carolina at any time during regular business hours prior to the hearing.Town of FranklinNicole BradleyTown Clerk

4/17 & 4/24/24| #809851

TOWN OF FRANKLIN
PUBLIC NOTICE

Conditional Use
Rezoning Application

Notice is hereby given that a public hearing will be held by the Town Council of the Town of Franklin, North Carolina at 6:11 p.m. or as soon as possible thereafter on Monday, May 6, 2024 in the Town Hall Board Room at 95 East Main Street, Franklin, NC 28734. The purpose of said hearing shall be to consider a Conditional Use Application, the effect of which will be essentially as follows:
Whether to allow a three structure 48-unit housing development off of Allman Drive, owned by Arrowood Construction, LLC and developed by Rea Ventures Group. The parcel is 5 acres and listed as parcel identification number 6584835138 on the Macon County tax records.
Parties in interest and citizens shall have an opportunity to be heard at said hearing. Information concerning the proposed Conditional Use application involved may be examined at the office of the Town Clerk and Land Use Administrator, Town of Franklin, North Carolina at any time during regular business hours prior to the hearing.

Town of Franklin
Nicole Bradley
Town Clerk

4/17 & 4/24/24 | #809857