Legals

Clay County
Board of Elections
Notice of Additional
Absentee Meetings
The following is a notice of Additional Absentee Meeting in which the Clay County Board of Elections will meet (if necessary) to approve the applications for absentee ballots for the 2nd Primary Election to be held on June 23, 2020. Meetings will be held at the Clay Count Board of Elections Office, 54 Church Street, Hayesville, NC 28904, pursuant to G.S. 163.230.1 (c1). Other business may be transacted by the board at this time.
5:00 PM Monday, June 22,2020
Jerry Anderson, Chairman
Clay County Board of
Elections.
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Clay County Board of
Elections Notice of Change
in Time of Absentee Meeting
The following is a notice of Change in Time of Absentee in which the Clay County Board of Elections will meet (if necessary) to approve the applications for absentee ballots for the 2nd Primary Election to be held on Tuesday, June 23, 2020. Meetings will be held at the Clay Board of Elections Office, 54 Church St., Hayesville, NC 28904, pursuant to G.S. 163.230.1 (c1). Other business may be transacted by the board at this time.
4:00 P.M. Tuesday, June 2, 2020
4:00 P.M. Tuesday, June 9, 2020
4:00 P.M. Tuesday, June 16, 2020
5:00 P.M. Monday, June 22, 2020
Jerry Anderson, Chairman
Clay County Board of Elections
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NOTICE
Southwestern Commission Regional Council of Governments is seeking proposals for audit services from qualified independent auditors with sufficient governmental accounting and auditing experience. Request for proposal packages can be downloaded from:
www.regiona.org.
Acknowledgment of intent for proposal must be received by the Southwestern Commission by Friday, June 5, 2020. Sealed proposals must be hand-delivered to 125 Bonnie Lane, Sylva NC by 2:00 p.m. on Friday, June 19, 2020.
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POLLING PLACE BUFFER ZONES for Clay County Polling Places
The following is a list of Clay County polling places and a description of each buffer zone concerning Election Day electioneering. Buffer zones as designated by G.S. 163-166.4(a), county board of elections, shall, where practical, set the limit at 50 feet from the door of entrance to the voting place, measured when that door is closed, but in no event shall it set the limit at more than 50 feet or at less than 25 feet.
Brasstown: Located at Brasstown Community Center. Electioneering is allowed 50 feet from the front door to the building. This is marked by a No Campaigning Beyond this point cone.
Hayesville 1: Located at Community Building (where old Health Dept. was). Electioneering is allowed 50 feet from the front door to the building. This is marked by a No Campaigning Beyond this point cone.
Hayesville 2: Located at Episcopal Church of the Good Shepherd. Electioneering is allowed 50 feet from the front door of the building.
This is marked by a No Campaigning Beyond this point cone.
Hayesville Central: Located at Town Hall. Electioneering is allowed 50 feet from the front door. This is marked by a No Campaigning Beyond this point cone.
Hiawassee: Located at Mt. Pleasant Baptist Church. Electioneering is allowed 50 feet from the side door to the building. This is marked by a No Campaigning Beyond this point cone.
Shooting Creek: Located at Community Building. Electioneering is allowed 50 feet from the front door. This is marked by a No Campaigning Beyond this point cone.
Sweetwater: Located at Sweetwater United Methodist Church. Electioneering is allowed 50 feet from the front door to the building. This is marked by a No Campaigning Beyond this point cone.
Tusquittee: Located at Community Building. Electioneering is allowed 50 feet from the front door to the building. This is marked by a No Campaigning Beyond this point cone.
Warne: Located at Community Building. Electioneering is allowed 50 feet from the front door to the building. This is marked by a No Campaigning Beyond this point cone.
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Polling Place Buffer Zone for Clay County One-stop Site
The buffer zone is 50 feet from the front door of the one-stop voting site. Electioneering can only be done beyond this point. Voters cannot be interviewed, or materials cannot be handed out except behind this line.
The buffer zone is located by a cone and a sign that says no campaigning beyond this point in front of courthouse door.
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NOTICE TO CREDITORS
OF RANDALL
DAVID PENLAND
Having qualified as Administratrix of the estate of Randall David Penland, deceased, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before August 27 2020 or this notice will be pled in bar of their recovery.
All persons indebted to said Estate will please make immediate settlement.
This the 28th day of May, 2020.
Dwight H. Penland
234 Scenic Road
Warne, NC 28909
James U. Downs
Attorney At Law
PO Box 879
Franklin, NC 28744
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NORTH CAROLINA
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT
DIVISION
CLAY COUNTY
BEFORE THE CLERK
19 SP 10
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM JERRY CALDWELL AS TO REMAINDER AND INEZ L. CALDWELL AS TO LIFE ESTATE, DATED MAY 15, 2003, RECORDED IN BOOK S-6, PAGE 35, CLAY COUNTY REGISTRYAMENDED NOTICE OF FORECLOSURE SALE
Pursuant to an order entered December 10, 2019, in the Superior Court for Clay County, and the power of sale contained in the captioned deed of trust (Deed of Trust), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash,
AT THE COURTHOUSE DOOR IN HAYESVILLE, CLAY COUNTY,
NORTH CAROLINA
ON JUNE 3, 2020 AT
10:00 A.M.
the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in Clay County, North Carolina, commonly known as 755 Cold Branch Road, Hayesville, NC and being more particularly described as follows:
In Hiawassee Township, Clay County, N.C., and particularly bounded as follows:
Beginning at a point in the centerline of State Road No. 1330, witnessed by an iron stake on the west side of said roadway, said beginning corner being a corner common to Kenneth L. Ball, et ux, 1.1 acre tract (Deed Book S-66 at Page 34) and runs thence with Ball line N 84-33 W. 490 Feet to an iron pipe stake, Northwest corner of Kenneth L. Ball, et ux, 1.2 acre tract; thence N. 15 E. 295 feet to an iron stake on the line of Mabel Kitchens; thence with the Kitchens line S. 66 E. 448.8 feet to an iron stake on the West side of State Road No. 1330; thence the same course S. 66 E. 16 feet to a point in the centerline of said road; thence with the centerline of said road S. 10 W 142 feet to the place of beginning, containing 2.23 acres, more or less.
Being a part of the same lands described in the deed from Edward Parker and wife, Hilda Parker to Carl K. Matherson and wife, Martha Matherson, dated June 24, 1970, recorded in Deed Book S-61, at Page 83, Records of Clay County, N.C.
Tax Map Reference: 2140-301
Being that parcel of land conveyed to Ralph Caldwell and wife, Inez L. Caldwell, tenants by the entirety from Carl K. Matherson and wife, Martha Matherson by that deed dated 10/04/1977 and recorded 10/06/1977 in deed book 85, at page 80 of the Clay County, NC Public Registry.
Note: Ralph Caldwell, Deceased, DOD 01/01/2002.
Being that parcel of land conveyed to Jerry Caldwell, a single man from Inez L. Caldwell, a widow, reserving a life estate by that deed dated 07/25/2002 and recorded 07/25/2002 in deed book 250, at page 192 of the Clay County, NC Public Registry.
In the Trustees sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.
The record owner of the real property not more than ten days prior to the date hereof is Jerry L. Caldwell.
A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed.
This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.
The purchaser of the property described above shall pay the Clerks Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A 308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.
To the extent this sale involves residential property with less than fifteen (15) rental units, including single family residential real property, you are hereby notified of the following:
a.An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and
b.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 by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least ten (10) days, but no more than ninety (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.
This 24th day of March, 2020.
MARK A. PINKSTON, Substitute Trustee
Mark A. Pinkston Esq.
PO Box 7376
Asheville, NC 28801
828-258-2991
#91
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UPSET Bid
The Clay County Government hereby gives notice of the submission of an accepted bid in the amount of $180,000 on the surplus property described herein below. The submission of this bid establishes a new sales price, and the sale shall remain open for a period of 10 days after this Notice of Upset Bid is published for the filing of additional upset bids as provided by law.
Parcel ID: 555012864618, containing .0765 acres and
.323 acres, Town of Hayesville, North Carolina and being more particularly described in the Deed dated May 21, 1999, from the First Citizens Bank & Trust Company, a North Carolina Banking Corporation to Clay County, recorded in Deed Book 218, Page 121, Clay County North Carolina Register of Deeds.
Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the office of the Clerk of the Board within 10 days after this Notice. At the conclusion of the 10-day period, the Clerk to the Board shall open the bids, if any, and the highest such bid will become the new offer.
If a qualifying higher bid is received, the Clerk to the Board shall cause a new notice of upset bid to be published and shall continue to do so until a 10-day period has passed without any qualifying upset bid having been received. At that time, the amount of the final high bid shall be reported to the Clay County Board of County Commissioners.
A qualifying higher bid is one that raises the existing offer by not less than ten percent (10%) of the first $1,000.00 of that offer and five percent (5%) of the remainder of that offer.
A qualifying higher bid must also be accompanied by a deposit in the amount of five percent (5%) of the bid; the deposit may be made in cash, cashier's check or certified check, made payable to Clay County. The deposit will be deposited with the Clay County Finance Office. 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 terms of the final sale are that:
--The Clay County Board of County Commissioners must approve the final high offer before the sale can be closed, which it will do within 30 days after the final upset bid period has passed;
--The buyer must pay with cash, cashier's check or certified check at the time of closing of the sale, which must be concluded 30 days from the date of the acceptance of the final high offer;
--Failure of the buyer to pay the balance of the bid at the time of closing will result in the forfeiture of the deposit.
The Clay County Board of County Commissioners 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.
If no qualifying upset bid is received after the initial public notice, the offer set forth above is hereby accepted. Upon approval of the offer by the Board of County Commissioners, the Chairman of the Board of County Commissioners and the Clerk to the Board are authorized to execute the instruments necessary to convey the property tot he purchaser with the highest bid.
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NOTICE TO CREDITORS
OF JAMES VIRGIL
REDMOND, JR
Having qualified as Executor of the Estate of JAMES VIRGIL REDMOND, JR., deceased, late of Clay County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned at the following address: Betty Jo B. Redmond, 846 Hall Cove Road, Hayesville, North Carolina 28904, on or before August 21, 2020, or this Notice will be pleaded in bar of their recovery.
All persons indebted to said decedent will please make immediate payment.
This the 13th day of May 2020.
Betty Jo B. Redmond,
Executor
Of the Estate of James Virgil Redmond, Jr., deceased
LAW OFFICES OF
MERINDA SWANSON WOODY, P.A.
Merinda S. Woody
Attorney for the Estate of James Virgil Redmond, Jr.
P.O. Box 1519
Hayesville, NC 28904
(828) 389 0202
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NOTICE TO CREDITORS OF
GUINNELL HUNTER
Having qualified as Executor of the Estate of Guinnell Hunter, deceased, late of Clay County, State of North Carolina, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned at the following address:
c/o Mitchell K. Brewer,
P.O. Box 596,
Murphy, NC, 28906
on or before the 7th day of August, 2020, or this Notice will be pleaded in bar of their recovery.
All persons indebted to said decedent will please make immediate payment.
This 7th day of May, 2020.
Erin C. Hunter, Executor of the Estate of Guinnell Hunter
Mitchell K. Brewer
Attorney for the Estate
Mitchell K. Brewer, PLLC
P.O. Box 596
Murphy, NC 28906
(828) 837-2178
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