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January 20, 2022

LEGAL NOTICES

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NOTICE OF PUBLIC HEARING

The public shall hereby take notice that on Thursday, February 3, 2022 at 7:00pm, the Alexander County and Town of Taylorsville Planning Commission will hold a public hearing at the Alexander County Services Center – 151 W Main Ave, Taylorsville, NC 28681.

-To consider an application to amend Section 154.071 of the Zoning Ordinance to allow for citizens to place accessory buildings in the front of principle buildings in the RA-20 district on lots greater than 3 acres.

-To amend Sections 154.274 and 154.355 of the Zoning Ordinance to decriminalize certain development violations in accordance with Senate Bill 300 (SL 2021-138).

For further information regarding this public hearing, or if you or someone you know needs any special assistance to come to the meeting, please contact Alexander County Planner, Scott Berson at (828)-485-4218.
All interested parties are invited to attend and will be given the opportunity to be heard.

notice
jan26-22c

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NOTICE OF PUBLIC HEARING

The public shall hereby take notice that on, Tuesday, February 1st, 2022 at 5:30pm, the Taylorsville Town Council will hold a public hearing at Taylorsville Town Hall – 67 Main Avenue Drive.
The Town Council will hold a public hearing for a text amendment to allow for citizens in the Town of Taylorsville to reside on parcels zoned for business so long as the building on the property passes North Carolina Building Code for a dwelling to qualify to be lived in.
For further information regarding this public hearing, or if you or someone you know needs any special assistance to come to the meeting, please contact Alexander County Planner, Scott Berson at (828)-485-4218.
All interested parties are invited to attend and will be given the opportunity to be heard.

notice
jan26-22c

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IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA
SUPERIOR COURT DIVISION
ALEXANDER COUNTY
21SP54

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY FRANCIS T. CANNATA DATED AUGUST 5, 2009 AND RECORDED IN BOOK 533 AT PAGE 1642 IN THE ALEXANDER COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 10:00AM on January 28, 2022 the following described real estate and any other improvements which may be situated thereon, in Alexander County, North Carolina, and being more particularly described in that certain Deed of Trust executed Francis T. Cannata, dated August 5, 2009 to secure the original principal amount of $90,780.00, and recorded in Book 533 at Page 1642 of the Alexander County Public Registry. The terms of the said Deed of Trust may be modified by other instruments appearing in the public record. Additional identifying information regarding the collateral property is below and is believed to be accurate, but no representation or warranty is intended.

Address of property: 343 Linneys Mountain Road,
Tay lorsville, NC 28681
Tax Parcel ID: 0007147
Present Record Owners: Francis T. Cannata

And Being more commonly known as: 343 Linneys Mountain Road, Taylorsville, NC 28681

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Francis T. Cannata.
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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is January 10, 2022.

LLG Trustee LLC
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
notice
jan26-22c

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Public Hearing

The public should please take notice that the Town Council of the Town of Taylorsville will hold a public hearing on February 1st, 2022 at 5:30 p.m. in the Council Chambers for the consideration of a text amendment to the Taylorsville Zoning Ordinance #154.080 EXEMPTIONS FOR RESIDENTIAL PURPOSES ON PROPERTIES ZONED FOR BUSINESSES. All interested persons are urged to attend.

Yolanda T. Prince
Town Clerk
notice
jan19-22c

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Public Notice

The public will take notice that the Town Council of the Town of Taylorsville proposes to accept sealed bids for surplus items listed below:

A. Farmall with Sickle Mower – early 1940’s model
Not Running – $500.00 Reserve
B. Army Ambulance – 1995 Chevrolet Vin#1GCHD34JFF357726
$375.00 Reserve
C. Bobcat Fastcat Zero Turn 36 in. cut mower

Sealed bids may be submitted to the office of the Town Clerk at 67 Main Ave. Drive Taylorsville 28681, to be opened at this location on January 20, 2022 at 2:00 p.m. Bid bond will be waived. Bids will be awarded to the highest bidder and the Town reserves the right to reject any or all bids.
All items are sold “as is” with buyer assuming all responsibility.

Yolanda T. Prince
Town Clerk
notice
jan19-22c

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STATE OF NORTH CAROLINA
COUNTY OF ALEXANDER
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
2021-SP-49

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM LAKE POINTE EQUESTRIAN CENTER, L.L.C., TO BB&T COLLATERAL SERVICE CORPORATION, TRUSTEE, DATED SEPTEMBER 5, 2018, RECORDED IN BOOK 610, PAGE 2422, ALEXANDER COUNTY REGISTRY NOTICE OF FORECLOSURE SALE
Pursuant to an order entered December 13, 2021 in the Superior Court for Alexander County, and the power of sale contained in the captioned deed of trust (the “Deed of Trust”), the undersigned Trustee will offer for sale at auction (the “Sale”), to the highest bidder for cash,
ON THE STEPS IN FRONT OF THE ALEXANDER COUNTY COURTHOUSE,
29 W. MAIN AVENUE, TAYLORSVILLE, ALEXANDER COUNTY,
NORTH CAROLINA ON JANUARY 26, 2022 AT 11:00 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 said sale, lying and being in Alexander County, North Carolina, and being more particularly described as follows (the “Property”):
BEGINNING at a 0.08 foot pipe at the base of a brick column, said beginning point being a corner of the property of Michael J. Barlow as acquired by Deed recorded in Book 338, Page 805 and said beginning point also being located South 84° 34’ 35” West 248.10 feet from a set mag nail at the intersection of Teague Town Road (State Road No. 1150) and Liberty Lane; thence from said beginning point along the western line of Barlow, and also along the western line of the property of Francis B. Huffman as acquired by Deed recorded in Book 311, Page 479 and along the western line of the property of Joey R. Thompson as acquired by Deed recorded in Book 402, Page 2163 and along the western line of the property of Tommy Jackson as acquired by Deed recorded in Book 373, Page 1071 and along the western line of the property of Christopher L. Huffman as acquired by Deed recorded in Book 390, Page 1083 and along the western line of the property of Nelson E. Brown as acquired by Deeds recorded in Book 215, Page 203 and Book 258, Page 668 South 27° 40” 12’ West 1586.02 feet to a nail at the base of a bent 0.08 foot pipe under fence; thence with the line of Brown South 20° 49” 44’ West 122.96 feet to a set 0.04 foot rebar in root ball; thence continuing with the line of Brown and crossing the line of the property of Michelle B. Hanson as acquired by Deed recorded in Book 464, Page 891 South 27° 23” 36’ West 780.03 feet to a 0.12 foot pipe at base of maple, said pipe being the northern corner of the property of Geneva M. Presnell as acquired by Deed recorded in Book 366, Page 181, said pipe also being located in the eastern line of the property of Louise F. Powell as acquired by Deed recorded in Book 325, Page 381; thence with the eastern line of Powell North 11° 41” 18’ West 661.47 feet to a 10” marked sourwood at branch, said point being the northeast corner of the property of Powell and also being the southeast corner of the property of John W. Yount as acquired by Deed recorded in Book 390, Page 1276; thence with the eastern line of Yount North 12° 11” 40’ West 306.33 feet to a 0.06 foot rod; thence continuing with the line of Yount North 29° 32” 25’ West 337.07 feet to a 0.10 foot rod, said rod being located in the line of Yount and also being the southern corner of the property of Eric F. Fox as acquired by Deed recorded in Book 426, Page 1698; thence with the eastern line of Fox and with the eastern line of the property of James D. Propst, Jr. and William S. Ripley as acquired by Deed recorded in Book 448, Page 2199 North 41° 24” 28’ East 1048.19 feet to a nail at the base of a bent 0.08 foot pipe, said nail being a corner of the property of Propst and Ripley; thence with the northern line of Propst and Ripley North 70° 52” 31’ West 504.77 feet to a 0.08 foot pipe; said pipe being a corner of the property of Terry B. Fox and Eric F. Fox as acquired by Deed recorded in Book 227, Page 062; thence with a line of Fox South 49° 12” 58’ West 208.95 feet to a 0.08 foot pipe, said pipe being another corner of Fox; thence with the line of Fox North 87° 31” 40’ West 335.19 feet to a set 0.04 foot rebar located in the line of Fox; thence continuing North 87° 31” 40’ West 20.25 feet to a point located in the middle of the “Fox Den Lane” 40 foot easement, said point being the northeast corner of the property of David E. Fox and Eric F. Fox as acquired by Deed recorded in Book 283, Page 825, said point also being the southeast corner of the property of Bruce J. Massey as acquired by Deed recorded in Book 244, Page 660; thence continuing with the center of said right-of-way the following courses and distances: North 11° 27” 40’ East 18.04 feet; North 20° 56” 40’ East 88.35 feet; North 13° 20” 40’ East 128.88 feet; North 03° 35” 18’ West 219.53 feet to a set 0.04 foot rebar located in the right-of-way of Teague Town Road; thence continuing with the center of the margin of the right-of-way of Teague Town Road the following courses and distances: North 83° 01” 07’ East 109.97 feet; North 84° 33” 17’ East 100 feet; North 88° 49” 41’ East 100 feet; South 89° 29” 14’ East 100 feet; South 84° 21” 56’ East 100 feet; South 80° 33” 09’ East 100 feet; South 78° 10” 48’ East 94.70 feet; thence South 41° 37” 18’ West 33.80 feet to a 0.06 foot pipe located in the southern margin of the right-of-way of Teague Town Road; thence with the southern margin of the right-of-way of Teague Town Road South 79° 16” 14’ East 533.16 feet to a computed point on end of concrete culvert; thence from said computed point South 76° 13” 13’ East 399.12 feet to a set 0.04 foot rebar located in the southern margin of the right-of-way of Teague Town Road; thence from said rebar South 68° 54” 43’ East 172.81 feet to the POINT OF BEGINNING and containing 42.7407 acres more or less, according to a survey entitled “Property of: HHEP Holding Co., LLC” dated December 12, 2006, by James M. Bradshaw, PLS-3313, to which survey reference is hereby made for greater certainty of description.
The record owner of the Property not more than ten (10) days prior to the date hereof is Lake Pointe Equestrian Center, L.L.C.
Terms of Sale. A cash deposit (the “Cash Deposit”) equal to five percent (5%) of the amount bid, is required and must be tendered to the Trustee by the highest bidder at the time of the Sale in the form of a certified or cashier’s check (“Cashier’s Check”). The Cashier’s Check shall be issued by, executed by and drawn on a state chartered bank or nationally organized bank domiciled in the United States of America (such bank to have minimum assets of five hundred million U.S. dollars). The Cashier’s Check must be payable to the Trustee and delivered to the Trustee at the time of sale. No bank drafts will be accepted. At the option of the Trustee, other financial accommodations may be made at or before the Sale to assure the highest bidder can and will deliver the Cash Deposit required. Notwithstanding the above, the beneficiary of the Deed of Trust and the holder of the Promissory Notes, guaranties, and other evidence of debt it secures (collectively, the “Note”), or its proper written assignee may credit bid at the Sale and need not make a Cash Deposit at the Sale.
Upset Bids. Any upset bids will be governed by the applicable provisions of Chapter 45 of the North Carolina General Statutes (See N.C.G.S. § 45-21.27) and will require payment by cash, cashier’s check, or certified check satisfactory to the Clerk of Superior Court of no less than five percent (5%) of the amount of the upset bid as required by statute (with a minimum of $750.00).
Following the expiration of any applicable statutory upset bid period (the “Upset Bid Period”) described in Chapter 45 of the North Carolina General Statutes, the unpaid balance of the highest Sale price or bid, including upset bids, if any (the “Balance of the High Bid”) shall be immediately due and owing to the Trustee by the highest bidder (the “High Bidder”) in return for delivery of the Trustee’s non-warranty Deed to such purchaser. The Balance of the High Bid shall be paid to the Trustee by Cashier’s Check made payable to the Trustee or wire transfer to the Trustee.
The Trustee in its discretion may grant an extension to the High Bidder in writing for a reasonable time and on reasonable terms for up to fifteen (15) additional days after the expiration of the Upset Bid Period (the “Extension Period”) to pay the Balance of the High Bid. For example, in granting “reasonable terms” for any Extension Period, the Trustee, in its discretion, may require the High Bidder to deliver to Trustee a Cashier’s Check for an additional deposit amount (to be credited to the Balance of the High Bid in consideration of the grant of the Extension Period).
Other Sale Provisions.
If the Property described above is purchased at the sale by someone other than the holder of the Note, and the beneficiary under the Deed of Trust, then such purchaser must pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), or such other amount as required by N.C.G.S. § 7A 308(a)(1) as amended, and all other taxes, and fees payable to the Clerk of Superior Court, and applicable at the time of Sale.
This Sale is also subject to any applicable county and/or state land transfer and/or revenue taxes, and any excise tax (N.C.G.S. § 105 -228.30 et seq.), and the successful third-party bidder shall be required to make payment for such taxes. The Property sold pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance in an “AS IS, WHERE IS” condition. Neither the Trustee, nor the holder of the Note secured by the Deed of Trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the Note make any representation or warranty relating to the title to the Property, nor to 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 title or condition expressly are disclaimed. The bidder should examine title to the Property. This Sale is made subject to all unpaid taxes, special assessments, land transfer taxes, easements, and rights of way, if any, of record, and is made subject to matters of survey, land use restrictions, zoning, and public road rights of way. While no representation is made as to title to the Property, unless the terms of the sale of the Property expressly state otherwise, then it is the intention of this Sale, and the related special proceeding to act, by operation of law, if applicable, to terminate all subordinate liens, encumbrances, and interests in the Property, as permitted by and according to law.
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 one hundred twenty (120) days following confirmation of this Sale.
The underlying mortgage debt evidenced by the Note and secured by the Deed of Trust is not a “home loan” as defined in N.C.G.S. § 45-101(1b).
To the extent this Sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following:
a. 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; 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 upon ten (10) days’ written notice to the landlord. 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.
In the 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 Carolina General Statutes.
If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser or High Bidder 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 Sale and reinstatement of the loan and Note 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 declare the Sale to be void and return the deposit to the High Bidder. The purchaser will have no further remedy.

This 8th day of December, 2021.

s/John W. Fletcher, III
John W. Fletcher, III, Substitute Trustee
831 East Morehead Street, Suite 255
Charlotte, North Carolina 28202
Telephone: 704-334-3400
Email: jfletcher@hnftlaw.com
notice
jan19-22c

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NOTICE TO CREDITORS

MYRA BOWMAN, c/o Caryn Lee Brzykcy, Attorney at Law, having qualified as Executor of the Estate of Mable Stafford Bowman, deceased, late of Alexander County, North Carolina, notifies all persons, firms and corporations having claims against the estate to present such claims to the undersigned at Post Office Box 400, Taylorsville, NC 28681, on or before the 12th day of April, 2022, or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.
This the 12th day of January, 2022.

MYRA BOWMAN,
c/o Caryn Lee Brzykcy, Attorney
70 East Main Avenue
Post Office Box 400
Taylorsville, NC 28681-0400
(828) 632-4264
executor
feb2-22p

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EXECUTOR’S NOTICE

Having qualified as Executor of the Estate of Juanita Bowman Stafford, deceased, late of Alexander County, North Carolina, this is to notify all persons, firms and corporations having claims against said estate to present them to the undersigned on or before the 12th day of April, 2022, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 6th day of January, 2022.

RAY ALLAN STAFFORD
491 White Acres Circle
Sparta, NC 28675
executor
feb2-22p

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CREDITOR’S NOTICE

Having qualified as Personal Representative of the Estate of RUBY ETHEL WARREN, deceased of Alexander County, North Carolina, on the 12th day of September, 2021, the undersigned does hereby notify all persons, firms, and corporations having claims against said estate to exhibit them to the undersigned at the office of the attorney for the estate on or before the 6th day of April, 2022, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.
This 29th day of December, 2021.

LINDA HATTON
Personal Representative
c/o Edward L. Hedrick, V, Attorney for the Estate
The Law Offices of Edward L. Hedrick, V
PO Box 1136
Taylorsville, NC 28681
notice
jan26-22c

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EXECUTRIX’S NOTICE

Having qualified as Executrix of the Estate of Terrell Lewis Bishop, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 6th day of April, 2022, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 29th day of December, 2021.

LINDA S. BISHOP
89 Meadowridge Dr.
Taylorsville, NC 28681
executrix
jan26-22p

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ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Paula Hand Jolly, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 6th day of April, 2022, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 9th day of June, 2021.

KEVIN KLINT KERLEY
440 Meadowridge Dr.
Taylorsville, NC 28681
administrator
jan26-22p

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ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Lonnie Eugene Vickers, deceased, late of Alexander County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 6th day of April, 2022, or this notice will be pleaded in bar of their recovery. Anyone indebted to same will please make immediate settlement.
This the 30th day of December, 2021.

JUSTIN BRIAN VICKERS
120 Ashland Ln
Wilkesboro, NC 28697
administrator
jan26-22p

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CREDITOR’S NOTICE

Having qualified as Personal Representative of the Estate of RALPH CARY WARREN deceased of Alexander County, North Carolina, on the 29th day of October, 2019, the undersigned does hereby notify all persons, firms, and corporations having claims against said estate to exhibit them to the undersigned at the office of the attorney for the estate on or before the 6th day of April, 2022, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned. This 30th day of December, 2021.

LINDA HATTON
Personal Representative
c/o Edward L. Hedrick, V, Attorney for the Estate
The Law Offices of Edward L. Hedrick, V
PO Box 1136
Taylorsville, NC 28681
notice
jan26-22c

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