Board of Education meets Tuesday — Page 2 Sports Clausen low key Carolina Panthers quarterback Jimmy Clausen got his pro career off to a lowkey start.
Page 7
Friday, July 30, 2010, Forest City, N.C.
NATION
50¢
Business spikes at LPAs outside county By LARRY DALE Daily Courier Staff Writer
Fed economic debates are more intense Page 11A
MARION — The closing of the License Plate Agency in Forest City has ramped up business at the state agency’s offices in Marion and Shelby. Maria Dirhold, branch manager of the Marion office, said Thursday morning the facility has probably had 600 to 700 contacts, either in person or by phone, with Rutherford County residents since the Forest City office was closed by the state Division of Motor Vehicles. The DMV has filed charges against Sue Hyder, the former contractor in Forest City, and four other people that worked there. Dirhold said people who have made the trip to Marion have been complimentary of her office, and they seem to be pleased with the friendly service they receive there.
SPORTS
Please see LPAs, page 6
Courtesy of Google Maps
OUT WITH THE OLD
Post 423 makes great strides in Legion season Page 10
GAS PRICES
Low: High: Avg.:
$2.57 $2.62 $2.60
DEATHS Rutherfordton
Robert Hamilton
Forest City
Roberta Abrams
Elsewhere
Betty Mullinax Page 5
The former sanctuary for Adaville Baptist Church is no more. Tom Harmon of Tom Harmon Grading in Forest City and his staff spent the past three days demolishing the structure. Built in 1949, the building hasn’t been used by the congregation since a new sanctuary was constructed next door in 1995. The old sanctuary was most recently used as a meeting place for a Spanish-language congregation, now Iglesia Bautista, which is in its own building on Oakland Road. Harmon operated an excavator to crush bricks and scoop up debris. The congregation plans to reuse the building behind the old sanctuary for Sunday School rooms.
WEATHER
High
Low
95 70 Today and tonight, partly cloudy. Complete forecast, Page 10A
Photos by Scott Baughman/Daily Courier
Arrest made in shooting of man
Former residents are facing suspicion of murder charges By SCOTT BAUGHMAN Daily Courier Staff Writer
Ponder
By LARRY DALE Daily Courier Staff Writer
RUTHERFORDTON — A Bostic man is under a $130,000 secured bond, charged with assault with a deadly weapon with intent to kill inflicting serious injury. Robert Marshall Ponder Jr., 32, of 469 East High Road, is facing that charge in the shooting of Kevin Christopher Calhoun, 21, of 128 Whistle Drive, Henrietta, with a .22-caliber rifle. Ponder also is charged with possession Vol. 42, No. 181
Please see Shooting, Page 6
Now on the Web: www.thedigitalcourier.com
FOREST CITY — The former owners of a white supremacist shop in Forest City were arrested this week in Nicaragua on suspicion of murder in connection with at least two deaths in Panama. A couple then known as William Dathan Holbert and his girlfriend, Laura Michelle Reese, ran the Southern National Patriots shop in 2005 and held meetings there to promote their white supremacists views and the fight against the “destruction of Southern white culture.” Holbert frequently said he wanted to end the oppression of white Southerners. The shop generated a local controversy that ended with its closing.
The shop didn’t stay open much more than a year before the couple left town and moved to the Wilmington area. Holbert and Reese are wanted in connection with several crimes in the United States, including property theft and fraud. The duo are also wanted in connection with several killings in Panama, according to the U.S. Marshals Violent Fugitive Task Force in Wilmington. Nicaraguan soldiers arrested the pair, now known as William Adolfo Cortez and his wife, Jane, after determining the couple matched photographs provided by Panamanian authorities. Panama issued the alerts to be on the lookout for the couple after finding the body of another American, Lynn
Please see Charges, Page 6
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2A — The Daily Courier, Forest City, NC, Friday, July 30, 2010
local/state
Schools meet Tuesday By JEAN GORDON Daily Courier Staff Writer
FOREST CITY — When the Rutherford County Board of Education meets Tuesday for its regular business meeting, the board will continue discussing its strategic plans for the school system. Prior to the 7 p.m. meeting, the board will meet at 5 p.m. for a strategic planning workshop. At the planning session in June, Superintendent Dr. Janet Mason shared the state Department of Public Instruction mission statement and goals and told board members that Rutherford County Schools strive to align itself with the state plan, and that the county schools are also asked to align their improvement plans with the state guidelines. Mason suggested the former plan be restructured in a fashion to be readable and user friendly for the public, to clearly present the vision
of where the board wants the system go to and to serve as a scorecard to show were the schools are. She said an ideal plan should involve the community, provide a clear framework, and outline strategies and action steps. She also suggested the plan be updated every year rather than every five years. The five strategic planning goals are Globally Competitive Students; 21st Century Professionals; Healthy, Responsible Students; Leadership for Innovation; and 21st Century Systems. Also Tuesday, the board will receive the superintendent’s report and make advisory council appointments. The meeting will be in the Cool Springs Administrative Offices board room. Contact Gordon via email:jgordon@thedigitalcourier.com
Mother charged in death
SMITHFIELD (AP) — A mother knew her daughter had been abused by a man before she left the 4-yearold in his care while she went to military training, authorities said Thursday. Multiple media outlets reported that Helen Reyes, 27, of Raleigh was charged with negligent child abuse causing serious bodily injury. Her daughter, Teghan Skiba, died July 19 at UNC Hospitals in Chapel Hill. She had cuts, lacerations, bite marks, head trauma and sexual assault injuries, authorities said. Reyes “had first-hand knowledge that this type of abuse had occurred prior to July 5 by Jonathan Richardson,” the arrest warrant states. Reyes left for military training in New Mexico on July 6. Richardson faces first-degree murder charges in the child’s death. The warrant also states that Reyes subjected her daughter to “verbal threats, intimidation, forced consumption of alcohol, severe physical beatings and assault by biting.” The three had been living in a barn behind the home of Richardson’s grandparents, Wade and Helen
WORSHIP EVENT
Creech, near Smithfield. The barn had no bathroom, no running water and a single air mattress on the floor for sleeping, Johnston County Sheriff Steve Bizzell said. A Johnston County magistrate set Reyes’ bond at $50,000 bond. It wasn’t immediately clear if she has an attorney. Wake County Human Services said in a report Wednesday that Reyes failed “to protect her child and to entrust her child to an appropriate caretaker.” Social workers substantiated that Reyes abused the girl by leaving her in Richardson’s custody. “The finding concerning Ms. Reyes does not mean that she personally inflicted injuries on Teghan,” the report stated. “The definition of abuse in (state law) includes creating or allowing to be created a substantial risk of serious physical injury by other than accidental means.” Richardson, who initially told hospital workers that Teghan had fallen off the bed, later told Johnston County investigators that he whipped the girl with a cord after she went to the bathroom in the bed they were share, according to search warrants.
Jean Gordon/Daily Courier
Saneres Hunt, 4, dressed in a head dress, smiles for her godmother, Rita Landrum, during a community-wide worship event at Forest City-Dunbar school July 24. More than 600 people stopped by the school’s playgrounds for worship, games, activities and food. Harvest House Baptist Church Missionary Ministry, with pastor Travis McEntire hosted the event. He said he plans to hold other community events.
Director of state’s top law agency moves to new job RALEIGH (AP) — As outside investigators continue looking into the State Bureau of Investigation’s crime lab, the SBI director has moved to a new job within state government, North Carolina’s attorney general said Thursday. SBI Director Robin Pendergraft will become senior deputy attorney general of the newly expanded Medicaid fraud unit, Attorney General Roy Cooper said Thursday. The new SBI director is Greg McLeod, who has worked as Cooper’s legislative liaison. Pendergraft’s Medicaid fraud job is a new position, a spokeswoman for the state Justice Department said. The new salary for Pendergraft, who earns $113,293 a year as SBI director, has not been determined, spokeswoman Noelle Talley said. Defense attorney David Rudolf, who has represented clients who have sued the SBI, called Pendergraft’s move an important change in the agency. But he said he had hoped the new director would be someone from outside North Carolina with experience running a similar agency. “I don’t think all the blame can or
should be laid at Robin’s feet,” he said Thursday. “Having said that, I don’t think she took the steps that were necessary to address the problems when she did become aware of them” Two former assistant directors of the FBI are looking into practices at the state crime lab. Their contract, originally set to expire in June, now goes through the end of the year. They were called in after a ruling last February that a North Carolina man who served almost 17 years in prison for murder was innocent. The state Innocence Commission heard evidence that complete blood test results had been excluded from crime lab reports presented at Greg Taylor’s trial. An SBI agent testified that not all lab results were provided to attorneys. Pendergraft confirmed in February that the practice existed before she took over the SBI. She told The Associated Press that while it was not the best practice, the intent was not to withhold information. The Medicare fraud unit that Pendergraft will lead nearly doubled in size when the state budget included new positions.
Gregory’s Saturday Nights are as easy as
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One fact we’ve learned over the past couple of years is that homes located in districts with good schools tend to retain their value relatively well. Anyone who has traced home values over the past decade knows that properties in areas with good public schools tend to appreciate more in up markets and sell faster for higher prices in down markets. The lesson now for prospective buyers is that it may well be worthwhile to pay more money and higher taxes for homes in the better school districts. If doing so proves to me cost-prohibitive, buyers should look for areas with school districts that show signs of improvement. High test scores, increased funding, and plentiful community support are good indicators. At ODEAN KEEVER & ASSOCIATES, as members of the Multiple Listing Service®, we can show you most any property in your community of choice. We have a successful history of assisting buyers and sellers. As Realtors®, we adhere to the highest ethical standards. Reach us today at (828) 286-1311. We will arrange an initial meeting, and discuss your individual real estate needs. The office is conveniently located at 140 U.S. Highway 64, Rutherfordton. Hint: If nothing else, prospective buyers should take a look at the percentage of high school graduates in the areas where they are considering the purchase of a home. Helping you achieve your real estate goals is our #1 priority!
(828) 287-6850 www.ncfbins.com
by Tresa Hamilton
An EDUCATED CHOICE
Get Real Auto • Home • Life
North Carolina Farm Bureau Mutual Insurance Co.Farm Bureau Insurance of North Carolina, Inc.Southern Farm Bureau Life Insurance Co., Jackson, MSAn independent licensee of the Blue Cross and Blue Shield Association
A to Z It's In The Classifieds
The Daily Courier, Forest City, NC, Friday, July 30, 2010 — 3A
local
At Your Leisure
Kinesiology and Holistic Center, Forest City: Rutherford Community Theatre: RCT will present “Remembering,” a theatrical musical revue covering contemporary folk, 60s soft rock, blues and bluegrass along with tributes to Hank Williams, Johnny Cash, Patsy Cline and Elvis. Admission is $5 for adults and free for children younger than 12. Prior to the performance, the Union Mills Learning Center will be serving a spaghetti dinner (with spaghetti, salad, roll, drink and dessert) for $6 for adults and $4 for children younger than 12. Food will be served from 6 until 7:15 p.m. Legal Grounds, 217 North Main St., Rutherfordton, offers the following entertainment: July 30 — Papa T Trio & Friends, 7 p.m.; Karaoke/DJ, 10 p.m. July 31 — Sharkadelics Aug. 6 — Papa T Trio & Friends, 7 p.m.; Karaoke/DJ, 10 p.m. Aug. 7 — TATER Aug. 13 — Papa T Trio & Friends, 7 p.m.; Karaoke/DJ, 10 p.m. Aug. 14 — Sharkadelics Aug. 20 — Papa T Trio & Friends, 7 p.m.; Karaoke/DJ, 10 p.m. Aug. 21 — TSY Aug. 27 — Papa T Trio & Friends, 7 p.m.; Karaoke/DJ, 10 p.m. Aug. 28 — Moonshine Jenny
Barley’s Taproom & Pizzeria, 115 W. Main St., Spindale, (no cover charge) announces the following entertainment: July 28 — Spindale Music Mafia July 30 — Johnson’s Crossroad July 31 — Makia Groove Dove’s Cove, 180 Frontage Road in Forest City, announces the following entertainment: Tuesday — Karaoke at 7:30 p.m. Wednesday — Line Dancing with an
instructor Thursday — Bike night and open mic Friday — DJ playing top 100 hits, karaoke at 8 p.m. Saturday — Live band: Rewind Blue Union Mills Learning Center: Bluegrass concert and jam series continues Friday night with Fibergrass, Timberidge and The Whistling Woman Phyllis Heil; barbecue dinner for $6 served beginning at 5:30 p.m. The series will continue through Aug. 27. M Squared Restaurant, 125 West Main St., Spindale, offers the following entertainment: Tuesdays — Patio Party with Alex Thompson on keyboard Wednesdays — Trivia at 8 p.m. (half price wine bottles) Thursdays — Seafood Night (reservations 288-4641) Friday — Chef’s specials, Martini Night, Alex Thompson on keyboard Saturday — No entertainment, prime rib specials Sundays — Brunch and Bloody Mary Bar Club L.A. is a private club for members and guests, at 319 W. Main St., Spindale. Admission — members free, guest $5. Saturdays from 10 p.m. to 2 a.m. Each Thursday is ladies’ night and Karaoke from 8 to 11 p.m. Shagging every Friday night from 8 to 11 p.m. Memberships available (ages 25 and up). ABC permits. Wagon Wheel Dance Club, W.E. Padgett Road in Bostic, offers music by the Broken Axle Band and line dancing, partner dancing, swing and more. Hours are 7:30 p.m. to midnight. Obsessions Beads, at 861 Piney Ridge Road in Forest City, offers the following classes: July 31 – Creative wire, 1 p.m.; $12 plus supplies Call 286-3802 for
more information. Seams to Be Fabrics, at 256 U.S. 74 Business, (beside the Moose Lodge), offers a variety of sewing classes. Positively Paper Inc., at 121 East Main St. in Forest City, offers classes in card making and scrapbooking. Off the Beaded Path, at 120B West Trade St. in Forest City, offers Try-it-Tuesdays (every Tuesday) which features brief jewelrymaking demos. The following classes are also available: Red Planet Games & Hobbies, 118 E. Main St. in Forest City, offers: Monday – Family Board Game Night, 6 p.m. Tuesdays — Magic the Gathering Tournament, 6 p.m. Wednesdays — New comic books arrive, Dungeons & Dragons Encounters, 6 to 9 p.m. Thursdays — The Spoils Tournament, 6 p.m. Fridays — Friday Night Magic starts at 6 p.m. Saturdays — Hero Clix Tournament, 1 p.m.; Monsterpocalypse, 6 p.m. Max Cruise (Ron McKinney), and Rick Mullins perform every Saturday from noon to 3 p.m., at 57 Alpha Café, Rutherford County Airport. Weather permitting. Union Mills Learning Center is open Monday, Wednesday, and Friday mornings to assist the community with its
Lunch & Dinner Specials Every Day ◆ Steak Deluxe Sub Special ◆ Chicken Tenders Fries & Sweet Tea Fries & Sweet Tea $7.99 $5.99 Homemade Lasagna • Homemade Chicken Salad Homemade Cheesecake
Hours: Monday - Friday 10:30am-8pm Saturday 5pm-8pm Located next to Rainbow Car Wash Serving Rutherford County for 22 years
OPEN 24/7
In these unusual economic times, planning for future health care needs is more crucial than ever. One option available is EASTWOOD VILLAGE, Rutherford County’s only complete retirement and health care concept. Homes are individually owned and designed for maintenance-free living with the following amenities:
• • • • •
A Large Clubhouse Swimming Pool Lawn Maintenance Meal Delivery Transportation
Hug
Disc
e
ount
s
• Skilled Care & Assisted Living Care available on campus
Hwy. 74 East, Forest City, NC
In addition to the 34 existing homes, lots are available for the construction of your custom retirement home. For information or a tour, please contact: John Cilone, Broker — 245-9095
0
%
Drive it for
*Based on 36 mo lease w/3000 cash down, plus tax, tag,$699 doc fee& any other dealer installed options. Residual of 10,338.60 approved Super Preferred credit thru AHFC. *Rates subject to change without prior notice.
STK#F4899 MSRP $19,115 Auto., air, power windows & locks, cruise, CD, & more.
Drive it for
*104.98
*Based on 36 mo. lease w/3000 cash down, plus tax, tag, $699 doc fee & any other dealer installed options. Residual of 11,660.15 approved on Super Preferred credit thru AHFC. *Rates subject to change without prior notice.
ALL VEHICLES RUN THROUGH
Only
Thou
sand
s
2010 Honda Insight LX Drive it for
*129.37
*Based on 36 mo. lease w/3000 cash down, plus tax, tag, $699 doc fee & any other dealer installed options. Residual of 12,946.50 approved on Super Preferred credit thru AHFC. *Rates subject to change without prior notice.
2010 Honda Accord LX Drive it for
STK#F4696 MSRP $22,565 Auto., power windows & locks, tilt, cruise, CD player. *Based on 36 mo. lease w/3000 cash down, plus tax, tag, $699 doc fee & any other dealer installed options. Residual of 13,539.00 approved on Super Preferred credit thru AHFC. *Rates subject to change without prior notice.
*138.16
BUY WITH CONFIDENCE!
$
16,988
2007 Chevrolet Silverado
2006 Jeep Grand Cherokee
STK# F5066A
STK# F4894B
Local, One Owner
Loaded
W! WOwow!
Initial hostess gifts • Wine stoppers • Cocktail spreaders • Coasters • Stationery • Rugs • Baby items • Bath wraps • Laptop bags & matching accessories • Initial Keychains and Necklaces • Jewelry New Sale Items Added Weekly
Loaded, A/T, only 17k miles
Remember: Purchase your school supplies now to be monogrammed in time for school to start. We have a great selection of backpacks, Lunch bags and accessories and new shipments arriving daily. Visit us on our Facebook page for regular updates on new arrivals!
2009 TOYOTA TACOMA
286-2266
STK#F5333 MSRP $20,550 Auto., A/C PL, Tilt/Cruise CD & Much More
Save
3 MONTH/3,000 MILE WARRANTY AVAILABLE*
2008 Chevrolet HHR
**Free monogramming with purchase. Does not apply to sale items.
up to 60 mo
2010 Honda Civic LX
Storewide on select merchandise including:
149 South Main , Rutherfordton Nc
Ruby Lowery, Broker — 248-2018 Mack McKeithan, Broker — 245-9095
2010 Honda Fit
50% Off
Monograms & More
• 24 Hour Emergency Nursing Services
EASTWOOD VILLAGE
729 Oakland Rd Spindale
Jammin’ July Sale
July 29 —Museum Gem Mining Trip to spruce pine; reservations required; call 828-669-9566.
* (up to 150% Kelley Blue Book Trade In Guaranteed) Ends 07/31/10
Located across from Oakland Seed & Feed
Monograms & More
ers, big circle mountain dancers and cloggers, the event comes to Pack Square in Asheville July 17 and 31, Aug. 14, 21 and 28 and Sept. 4. Summer events in the Swannanoa Valley: Through July 21 — Fred Feldman art exhibit at Studio 103; www.studio103fineartgallery.com. July 27 — Groovin’ on Grovemont; contact 828-686-7221.
ATTENTION ADULTS AGE 55+
*98.14
286-1123
Range Aug. 20 — Rye Holler Boys Sept. 3 — Porch Music Club Discovery Place, 301 N. Tryon St., Charlotte, summer hours: Monday through Friday: 9 a.m. to 5 p.m. Saturday: 10 a.m. to 6 p.m. Sunday: noon to 5 p.m. Tryon Little Theater: Will present “Welcome to Mitford” Sept. 23 to 26 and Sept. 30 to Oct. 3. Shindig on the Green 2010: Featuring traditional and oldtime string bands, bluegrass, ballad sing-
IT’S CLEARANCE TIME STK# F5003 MSRP $16,410 Auto, A/C, PW, PL, CD & Much More!
OPEN 24/7
computer and printing needs. The gymnasium is also open Saturdays at 4 p.m. for pickup basketball games and shoot-arounds. Black Pearls Farm in Bostic, a nonprofit Equine and CSA Learning Center, holds open horse lessons, Saturdays beginning at 10 a.m., (call ahead). Contact Barbara Henwood at 245-0023. Concerts on the Creek: Held from Memorial Day to Labor Day weekends on Fridays from 7 to 9 p.m. at the Bridge Park Pavilion in downtown Sylva. Aug. 13 — Balsam
Loaded, Sharp
$
11,900
2007 Nissan Versa
2008 Honda Element
STK# 5069A
STK# F5002A
4 Door, A/T, Power 60k Miles
Loaded
2007 Nissan Sentra STK# F5158A
Local Trade
STK# F5075A
SKT# F4746A
Only
2009 Honda CRV EXL STK# F5051A
A/T, Loaded, Only 19k Miles
2007 Nissan Frontier STK# F847P
A/T Local, 4x4, Only 31k Miles
2009 Acura TSX STK# F5094A
A/T, Loaded
2007 Honda S2000 STK# F4982A
Loaded, Both Tops
*Dealer to buy down rate, customer to pay full price based on Super Preferred Credit thru AHFC on Accords and Civics only. * Off list price.
284 Daniel Rd., Forest City, NC
828-286-2614 1-877-60-HONDA
Sale Hrs: Mon.-Fri. 9am-7pm Sat. 9am-6pm
4A — The Daily Courier, Forest City, NC, Friday, July 30, 2010 ■ A daily forum for opinion, commentary and editorials on the news that affects us all.
Jodi V. Brookshire/ publisher Steven E. Parham/ executive editor 601 Oak Street, P.O. Box 1149, Forest City, N.C. 28043 Phone: 245-6431 Fax: 248-2790
E-mail: dailycourier@thedigitalcourier.com
Our Views U.S. economy caught in logjam
W
hat is it going to take to get the American economy back into full swing? That is the question many are asking, and the answer is, no one knows. The simple fact is the American economy is heavily consumer driven and until consumers start buying again the economy is going to struggle. If people are not shopping, eating out, traveling and purchasing services, our economy is stagnant. With high jobless rates and people fearing for the jobs they do have, what money people have is being held, not spent. For a return to our higher flying days, people are going to have to get jobs. On the other hand, employers are not rushing to hire people because they do not see the demand for products and services. This is the problem we face. Finding a way to break this logjam is the answer to that initial question.
Our readers’ views Offers thoughts on courts and lawyers To the editor: James Whitesides write a worthwhile letter. Why do judges rule in favor of lawyers? Why not in favor of justice? Here’s the problem: The Constitution guarantees that no person shall be deprived of life, liberty, or property, but by due process of law. Due process is clearly defined as common law. If you want to know about common law, read Blackstone, who gives us some very interesting thoughts. 1. Common law does not recognize authority of civil law (corpus juris civilis) nor of canon law. It is superior to other branches, which include Maritime, Admiralty or even statutory law, unless statutory law is compatible with common law. 2.Common law recognizes only three authorities: God, reason, and nature. Since the state of North Carolina recognizes the sovereignty of God for our civil, religious, and political rights, then all judges and prosecutors must follow that law and are sworn/ affirmed to obey it. Under sovereignty of God, can any person be accused and convicted simply because a majority voted to make something a
crime? First, we can simply look to the book they ask us to swear on when we testify. Exodus 23:2: “Thou shalt not follow a multitude to do evil. Neither shalt thou speak in a cause (testify as a witness) to decline after many to wrest judgement”. In other words, it is not allowed for any person to testify to a crime or violation as a representative of majorities or “multitudes.” Isn’t that what traffic cops do when they testify against you in court? Can a law create a crime by statutory force? Not according to “Calder vs Bull”, 1798. No law can create a crime, said Chief Justice Samuel Chase. So, if the judge is sworn to uphold that law under sovereignty of God, along with the policeman and prosecutor, who can only prosecute under his oath of office, isn’t that a combination of executive, legislative, and judiciary, which Madison wrote is the very definition of tyranny? Jeremiah 5:26: “For among my people are found wicked men: they lay wait, as he that setteth snares, they set a trap, they catch men.” Verse 31: “the priests(judges) bear rule by their means, and my people love to have it so.” Isaiah 29:21: “That make a man an offender for a word (statutory laws, warrants?),
and lay a snare for him that reproveth in the gates (courts).” Sounds like today’s courts to me. Sounds like the judges are violating their own oaths. Ralph Haulk Forest City
Says thanks for the swimming lessons To the editor: We have just finished our summer swimming lessons at the Forest City Callison pool. We want to send a special shout-out of thanks to all the lifeguards. They have taught us so much and they were so nice to everyone. We can’t wait until next summer! Carolina, Chloe and Gavin Patterson Forest City
Letter Policy The Daily Courier would like to publish letters from readers on any subject of timely interest. All letters must be signed. Writers should try to limit their submissions to 300 words. All letters must include a day and evening telephone number. The editors reserve the right to edit letters for libelous content. All submissions should be sent to The Editor, P.O. Box 1149, Forest City, NC, 28043. Letters may also be submitted via e-mail at dailycourier@thedigitalcourier.com or via our website at thedigitalcourier.com
Everyday things often can have some real value You may have heard the story recently about a California teen who started out with an old cell phone and — thanks to the magic of Craigslist and the Interwebz — ended up with a Cadillac Escalade. This story isn’t all that new, but still unique enough to warrant a mention in lots of national media. A few years ago, I heard a similar story of a young man in Canada who started out with a paperclip and ended up owning a house somewhere in upstate New York, I think. Does this mean we should all start doing case studies on whether the trade and barter system is the best solution to our sluggish national economy? Yeah, I don’t think we should take it that far, but there is an important lesson here: everything has value to somebody. The youth minister at my church took this idea to heart and had us do a Treasure Hunt this past Wednesday night as our
Some Good News Scott Baughman
youth group activity. It is a little different from your standard scavenger hunt in that you take one item to various people and try and trade up for a better or at least more valuable item. The mandates were simple enough during our hour and a half excursion Wednesday. Rule one, don’t distract your driver and always drive safely. Rule two, you have to make sure the people you’re trading with know this is a permanent trade — it’s for keepsies folks. Rule three, you can’t sweeten the deal by adding something of your own to the pot. With those simple edicts in place, we peeled out of Adaville Baptist Church’s
parking lot around 6:15 p.m. looking for something to trade for our initial item...a paper clip. Yes we began our mission with the same item the Canadian guy used to end up with a house. Of course, he had like 12 months to do his job, and we only had 90 minutes, but our hopes were high. Our first foray into the world of barter, didn’t go so well. We traded our paper clip — the standard metal kind — for a larger binder clip. Yeah, this was going well. Next up, we traded said binder clip for a roll of green duct tape. This wasn’t just any duct tape, people, it was that neon green color you can see at night, with binoculars, from space! But Youth Minister Chad Dillard had told us he was hoping we could get something that would be fun and useful to keep in the youth room at Adaville, so the green duct tape just wasn’t going to cut it.
So, off we went to the next house — the home of one of our youth girls — and her mother gave us something pretty cool in trade. It was a book about where butterflies come from complete with a little butterfly terrarium where you can keep and grow your own larvae. Nice, huh? But the youth weren’t nearly as interested in it as I was, and despite my best pleas of how cool a little science project would be for the youth room, they decided we had enough time to go to another person’s house and make another trade. We head out, butterfly book and terrarium in hand (did I mention it was a cool collapsible terrarium that came strapped to the book?) and found a willing trader. In exchange we got ... a bottle of bubbles. I mean, like the kind you blow in the yard. That’s probably trading down, no? We couldn’t return to the church with that, but we
only had about ten minutes left. In a last ditch effort we found another youth group member at home and traded the bubbles to her in exchange for a giant stuffed fish. This was a plush deal, not something her dad had caught in a pond. It just so happened it was the same color scheme as our youth room, so it is going to look great hanging up there. After returning, Chad gave a great lesson about how Christ compared the kingdom of heaven to a great treasure and how God finds value in everyone. Youth lessons during the summer can be a challenge, since the kids are all out of school and usually not in learning mode. But I think this lesson showed everyone that you can find value in everyday things, if you know how to look at them. And that’s some good news. Contact Baughman via e-mail at sbaughman@thedigitalcourier.
The Daily Courier, Forest City, NC, Friday, July 30, 2010
Obituaries
Sheriff’s Reports n The Rutherford County Sheriff’s Office responded to 142 E-911 calls Wednesday. n Dauniella Lea Kanipe reported a breaking and/or entering. n Clement Eugene Suhy reported a rock thrown through a front-door window. n Sue H. Farr reported copper tubing stolen from a heat pump. n April Bland Wood reported a breaking and/or entering.
Robert Hamilton
n The Rutherfordton Police Department responded to 40 E-911 calls Wednesday.
Spindale
n The Spindale Police Department responded to 29 E-911 calls Wednesday.
Lake Lure
n The Lake Lure Police Department responded to 13 E-911 calls Wednesday.
Forest City
n The Forest City Police Department responded to 54 E-911 calls Wednesday. n Lemmer Wilkerson reported a larceny.
Arrests
n Stephen Thomas, 30, of Gail Drive, Forest City; arrested on warrants for possession with intent to sell/ deliver marijuana, possession of drug paraphernalia and maintain a vehicle/ dwelling for controlled substance; released on a $25,000 unsecured bond. (FCPD) n Jemario Octavious Ray, 26, of 1129 Landon St.; charged with driving while license revoked and fictitious information to an officer; released on a $1,000 unsecured bond. (LLPD) n Laton Staley, 29, of Wilkins Street, Forest City’ charged with indecent exposure; placed under a $500 secured. (FCPD) n Todd Steven Humphries, 43, of 329 Bradley Road; charged with two counts of probation violation; placed under a $6,000 secured bond. (Probation) n Michael J. Whiteside, 31, of 165 Stonebrook Drive; charged with possession of drug paraphernalia, simple possession of schedule VI controlled substance and simple possession of schedule II controlled substance; placed under a $19,000 secured bond. (RCSD)
n Lindsey Elizabeth Wilson, 20, of 900 Piedmont Road; charged with driving while license revoked; placed under a $500 secured bond. (RCSD) n Rosalind Yenette Dawkins, 28, 672 Providence St.; charged with felony larceny; released on a $15,000 unsecured bond. (RCSD) n James Eugene Curtis, 33, of 211 Pinoak Meadow Lane; charged with possession with intent to sell and deliver methamphetamine, possession with intent to sell and deliver marijuana and maintain vehicle/ dwelling/ place for controlled substance; placed under a $35,000 secured bond. (RCSD) n Agenor Domingo Bermudez, 39, of 152 Cobra Drive; charged with communicating threats; released on a $500 unsecured bond. (RCSD) n Eddie James Johnson, 35, of 129 Dove Lane; charged with failure to return rental property; placed under a $500 cash bond. (RCSD) n Clifford Paul Dixon, 45, of 771 River Road, Rutherfordton; charged with assault on emergency personnel; placed under a $10,000 secured bond. (RPD) n William Raymond Hindman, 60, of 2620 N. Lee Circle; charged with driving while impaired and unlawfully passing an emergency vehicle; placed under a $1,000 secured bond. (SPD)
Robert Lee Hamilton, 58, of Rutherfordton, died Sunday, July 25, 2010. A native of Spindale, he was a son of the late Libby Davenport Hamilton and John Ed Hamilton. He was an honor graduate of R-S Central High School and attended N.C. A&T State University. He received degrees in computer engineering technology and electronics engineering technology from Isothermal Community College. Survivors include a son, Sean Lynch of Atlanta; four sisters, Marilyn Smith of Corona Queens, N.Y., Jean Ryce-El of Aiken, S.C., and Betty Wilson and Connie Patterson, both of Spindale; three brothers, Wayne Hamilton of Richmond, Va., Tracey Hamilton of Shelby and Kenneth Hamilton. Funeral services will be held Saturday at 2 p.m. in the chapel of Ulysses D. Miller Funeral Home. The body will be placed in the
church two hours before the service. Burial will follow at the Wells Spring United Methodist Church Cemetery. Online condolences may be made at www.ulyssesdmillerfuneralservice.com
Roberta Abrams Roberta Abrams, 69, of Forest City, died Tuesday, July 27, 2010, at Hospice of Rutherford County. Arrangements are incomplete and will be announced by Ulysses D. Miller Funeral Service.
Betty Mullinax Betty Sue Campbell Mullinax, 81, of 1147 Champion Ferry Road, Gaffney, S.C., died Thursday, July 29, 2010, at Spartanburg Regional Medical Center. A native of Cleveland County, she was the widow of the late Johnny C. Mullinax and the daughter of the late Charlie Campbell and Maggie Ruppe
RALEIGH (AP) — Authorities say a North Carolina man attempted to illegally export 16 guns without getting a license. Court documents unsealed Thursday say Steven Neal Greenoe attempted to travel with the disassembled weapons in checked luggage on a flight Sunday.
Greenoe had tickets from Raleigh Durham International Airport to New York and then to Manchester, England. Investigators said Greenoe has made a series of trips to England this year and a series of gun purchases in North Carolina. Documents show that he told investigators that he knew he wasn’t supposed to bring the weapons in his luggage but was doing so to outfit employees working on maritime security contracts abroad.
Highway Patrol panel discusses fixes
RALEIGH (AP) — A highprofile panel responsible for ideas on how to restructure North Carolina’s beleaguered Highway Patrol is meeting for the first time.
Campbell. She retired from the textiles industry and was a member of Fairview Baptist Church. Survivors include four sons, Melvin Mullinax, Ronald E. “Chic” Mullinax, James “Mike” Mullinax and Joe Mullinax, all of Gaffney; a daughter, Sandra Kaye Mullinax Wilkerson of Gaffney; 14 grandchildren; 23 great-grandchildren. Funeral services will be Saturday at 2 p.m. at Fairview Baptist Church with the Rev. Stuart Kersey officiating. Burial will follow at the church cemetery. The family will receive friends one hour before the service at the church or at other times at the home of Ronald Mullinax, 150 Beason Road, Gaffney. Memorials may be made to Meals on Wheels, P.O. Box 1886, Gaffney, SC 29342. Blakely Funeral Home & Crematory is in charge of arrangements. Online condolences may be made at www.blakelyfuneralhome.com
PICTURESQUE ART
EMS/Rescue n The Rutherford County EMS responded to 31 E-911 calls Wednesday. n The Volunteer Life Saving and Rescue, Hickory Nut Gorge EMS and Rutherford County Rescue responded to six E-911 calls Wednesday.
Fire calls n Cliffside firefighters responded to a smoke report. n Forest City firefighters responded to a gas leak. n SDO firefighters responded to an industrial fire alarm. n Shingle Hollow firefightAssociated Press ers responded to a smoke Visitors take pictures while visiting the North Carolina Museum of Art in Raleigh on Wednesday. report.
Carolina Today Man charged after 16 guns found
5A
obituaries
Police Notes
Rutherfordton
—
WRAL-TV reported the six-member panel meets Thursday to begin coming up with ways to change the patrol’s policies and structure. The group also will find a new commander to replace Col. Randy Glover, who is retiring at the end of August after a series of scandals tarnished the Highway Patrol’s reputation. The panel’s members are former state Supreme Court chief justice Burley Mitchell, law professor Julius Chambers, former FBI assistant director Chris Swecker, Mecklenburg County District Attorney Peter Gilchrist, former Appeals Judge Ralph Walker and University of North Carolina law professor Norma Houston.
Town’s e-mail blast promotes fundraiser KILL DEVIL HILLS, N.C. (AP) — A town clerk says she goofed when she sent notice of a fundraiser for a powerful North Carolina politician to everyone on a public e-mail list. The News & Observer of Raleigh reported Thursday that Kill Devil Hills Town Clerk Mary Quidley admits mistakenly sending the solicitation for campaign cash
Betty Mullinax to people who signed up for notices about crime alerts and the weather. Residents of the Outer Banks resort town got the invitations for a June fundraiser for Democratic Senate leader Marc Basnight, whose district includes the town. Elected officials are prohibited from using public assets for campaign purposes. A Basnight campaign staffer says the town clerk was only asked to let elected officials know about the fundraiser, which is a standard practice.
Prosecutor to ask judge to reinstate DWI cases SMITHFIELD (AP) — A Johnston County prosecutor plans to ask a North Carolina judge to reinstate charges against more than 30 people whose drunken driving charges were illegally dismissed several years ago. District Attorney Susan Doyle told The News & Observer of Raleigh she plans to ask a judge Thursday to let her go forward with the cases. Four defense attorneys and a prosecutor pleaded guilty earlier this year to helping fix driving while impaired
cases in Johnston County. Doyle says the 33 defendants who had their charges dropped shouldn’t benefit from the wrongdoing of their attorneys. Several of the defendants have hired new lawyers and plan to argue their clients paid the typical fee in a DWI case and didn’t know the charges were dismissed illegally. THE DAILY COURIER Published Tuesday through Sunday mornings by Paxton Media Group LLC dba The Daily Courier USPS 204-920 Periodical Postage paid in Forest City, NC. Company Address: 601 Oak St., P.O. Box 1149, Forest City, NC 28043. Phone: (828) 245-6431 Fax: (828) 248-2790 Subscription rates: Single copy, daily 50¢ / Sunday $1.50. Home delivery $11.75 per month, $35.25 for three months, $70.50 for six months, $129 per year. In county rates by mail payable in advance are: $13.38 for one month, $40.14 for three months, $80.27 for six months, $160.54 per year. Outside county: $14.55 for one month, $43.64 for three months, $87.28 for six months, $174.56 per year. College students for school year subscription, $75. The Digital Courier, $6.50 a month for non-subscribers to The Daily Courier. Payment may be made at the website: www.thedigitalcourier. com The Daily Courier is not responsible for advance subscription payments made to carriers, all of who are independent contractors.
Betty Sue Campbell Mullinax, 81, of 1147 Champion Ferry Road, Gaffney, SC, went home to be with the Lord on Thursday, July 29, 2010 at Spartanburg Regional Medical Center. Born in Cleveland County, NC, she was the widow of the late Johnny C. Mullinax and the daughter of the late Charlie Campbell and Maggie Ruppe Campbell. Mrs. Mullinax was retired from the textiles industry and a member of Fairview Baptist Church. Surviving are four sons, Melvin Mullinax and wife, Lillie, Ronald E. “Chic” Mullinax and wife, Karen, James “Mike” Mullinax and wife, Pat, and Joe Mullinax and wife, Debbie, all of Gaffney; a daughter, Sandra Kaye Mullinax Wilkerson of Gaffney; fourteen grandchildren; twenty-three great-grandchildren. She was preceded in death by a son, Roger Mullinax; two sisters and five brothers. The family will receive friends from 1:00 until 2:00 PM on Saturday, July 31, 2010 at Fairview Baptist Church. Funeral services will immediately follow at 2:00 PM at the Church with Rev. Stuart Kersey officiating. Interment will be in the Fairview Baptist Church Cemetery. Mrs. Mullinax will be escorted to her final resting place by her children. Memorials may be made to Meals on Wheels, P.O. Box 1886, Gaffney, SC 29342. The family will be at the home of Ronald “Chic” and Karen Mullinax, 150 Beason Road, Gaffney. An online guest register is available at: www.blakelyfuneralhome.com. Paid obit
6A — The Daily Courier, Forest City, NC, Friday, July 30, 2010
Calendar/Local LPAs Continued from Page 1
Ongoing Foothills Harvest Ministry: This week, all T-shirts and shorts 50 cents. Yokefellow Service Center: Storewide half-price sale Aug. 2-7; tax free days are Aug. 6 and 7 and are subject to North Carolina taxfree weekend limitations; store hours, 10 a.m. to 5 p.m.; cash, credit and debit only. Hospice Resale Shop: Storewide half-price sale Aug. 5-7; also includes clothing priced at 25 cents. Book sale: Monday-Friday, 8 a.m. to 5 p.m., Rutherford Electric Membership Corporation; hardback books, $1, paperback books 50 cents and some miscellaneous books four for $1; proceeds go to benefit Relay for Life. Red Cross Benefit: Spindale Drug is partnering with the Rutherford County Chapter of the American Red Cross by donating $5 to the Red Cross until the end of July with new prescriptions on certificates available at Spindale Drug or at the Red Cross Chapter House. Rutherford County Adult Baseball League: Adult baseball registration for those 30 and older online at www.leaguelineup.com/ rcabl. Youth football and cheerleading sign-ups: For the Rutherfordton Raiders, Mondays, Tuesdays and Thursdays at Crestview Park from 6 to 8 p.m.; for information, call Tammy, 980-2059.
Friday, July 30 Blood drive: 7:30 a.m. to noon, Tanner Company, 581 Rock Road, Rutherfordton; all presenting donors will be entered in a drawing for a chance to win a $1,000 gift card; please call 287-4205 for further information or to schedule an appointment. Baked goods and homemade ice cream sale: 8:30 a.m. to 5:30 p.m., State Employees Credit Union Rutherfordton Branch; benefits Relay for Life. Blood drive: 10 a.m. to 2:30 p.m., Lowes; all presenting donors will be entered in a drawing for a chance to win a $1,000 gift card; please call 351-1023 for information or to schedule an appointment. Rutherford 912 Group meeting: 7 to 8:30 p.m., N.C. Cooperative Extension; no cost to attend.
Saturday, July 31 Yard sale and bake sale for Relay for Life: 7 a.m. until, Carolina House Assisted Living; sponsored by Fork Creek Baptist Church Relay for Life team. Car and bike show fundraiser: 9 a.m., Green Hill Store; to benefit Kristen Ellenburg; top 20 cars and top 10 motorcycles, music by Rocky Yelton and the Hired Guns, door prizes and auctions; for more information, call Van, 288-0181, or James, 289-3348. Fish fry and rib plates: 11 a.m. until, Unionville Lodge, Spindale; plates $6, sandwiches $3 and hot dogs $2; plates include all the trimmings, drink and desserts, carry-outs are welcome; proceeds go to the building fund. Blood drive: 7:30 a.m. to noon, Goodes Creek Baptist Church, Cliffside; all presenting donors will be entered in a drawing for a chance to win a $1,000 gift card; please call 245-5313 for further information or to schedule your appointment. Kids’ Computer Corner: Every Saturday, 10 a.m. to noon, Union Mills Learning Center; free to the public and geared toward children preschool through third grade who may not have access to a computer or the Internet at home; educational software and adult-supervised access to the Internet. Healthy Kids Day: 10 a.m. to 2 p.m., Kistler’s Chapel United Methodist Church; sponsored by the church and Rutherford Hospital Health Ministry Program; screenings and health education include vision, hearing, dental, healthy snacks, child identification, child safety and Safe Kids; puppet show, clowns, Dr. Ted E. Bear, music and 50 free backpacks. For more information, call 286-5509 or 286-5377. R-S Youth Football and Cheerleading sign-ups: 10 a.m. to 1 p.m., Spindale House; open to all children ages 5 to 12; cost is $50 for first child and $25 for each additional child for football and cheerleading; please bring a copy of your child’s brith certificate; last registration of the season, after July 31 late fees will apply. Young at Heart senior citizens club: 11 a.m., Spindale Restaurant; dutch treat lunch at 11:30 a.m.; fellowship and bingo; for information, contact Roy McKain, 2454800.
The Marion office has two walkup windows to serve customers, and Dirhold and Keith Renfro, head of the McDowell County tax office and contractor for the tag office, said they have not been able to add staff or open other windows to accommodate the extra traffic. Dirhold said Friday generally is the busiest day of the week at the License Plate Agency, with Monday usually the next busiest day. She said there is no way to know when people will show up, but she added that sometimes there are 15 or 20 people lined up when the office first opens in the mornings, and that around 3:30 or 4 p.m. is often busy with people who have just gotten off from work. The Marion office is open continuously from 8:30 a.m. to 5 p.m. Monday through Friday. Dirhold commented that people have various options for handling DMV business, including by mail and online. She noted that people have said they can get quick service online. Dirhold also said customers can
Charges Continued from Page 1
Hughes, Nicaraguan army spokesman Juan Ramon Morales told the Associated Press. The modern day Bonnie and Clyde were detained — as Cortez and his wife— on Monday while trying to enter Nicaragua from Panama illegally through the San Juan river. “These are the people who are being sought by police in Panama, and they will be handed over to the authorities of that country,” National Police official Glenda Zavala said at a news conference. Zavala said police had not yet questioned the couple, who were detained at the border with Costa Rica. The two identified themselves as an American man and Dutch woman and gave names that did not coincide with the Panama suspects. Nicaraguan and Panamanian authorities believe they were traveling under false names. “The photographs that we have coincide with those arrested,” Morales told The Associated Press. Panama has been informed of the identification and has begun proceedings to seek the couple’s extradition, said Javier Carillo, the head of Panama’s investigative police. Panamanian police found Hughes’s body last week buried in the back patio of a hotel owned by Cortez in western Bocas del Toro province. She had been missing since March. Acquaintances said Hughes was from St. Louis, but the U.S. embassy in Panama refused to confirm that. Panamanian authorities said they also found the skeletal remains of a man who also might be a U.S. citizen. Panamanian police suspect “Cortez”
Arrested Continued from Page 1
of a firearm by a felon. He was placed in the Rutherford County Jail about 5:30 a.m. Thursday. According to the Rutherford County Sheriff’s Office incident report, the shooting occurred after friends had been arguing. Matthew Manis; his fiancé, Amanda Michelle Short; Ponder; Calhoun; and Brandon Melton reportedly had been partying and playing cards at Manis’ home from 5 p.m. until about 11:30 p.m., when Ponder’s girlfriend, Tonya Jones, arrived.
avoid unnecessary trips by making sure they have everything they need before coming to the tag office. For one thing, county taxes in the county of residence must have been paid to get a license plate. People who have been blocked by the tax office must bring a block receipt, showing they have paid the taxes, for the block to be removed. Also, she said, the vehicle must have been inspected within 90 days of coming to the License Plate Agency office. Renfro and Dirhold said they were not notified by the state that their business would be increasing due to the closing in Rutherford County. Dirhold said an early arrival at the office said he had been standing in the lobby when the Forest City office, in the Tri-City Mall, was closed July 9. Renfro believes that most residents in Rutherfordton and north of there come to Marion for service, while Forest City residents and residents of the eastern part of the county probably go to Shelby. The Marion office is in the McDowell County Administration Building, at 60 E. Court St., downtown, just off Main Street. Call (828) 652-0179. The Shelby tag office is at 201 W. killed the two in a bid to grab their property. Police said Hughes once owned the hotel where her body was found. They said records show the other victim also once owned property now under Cortez’s name. Police are investigating whether the property transfers were legal. Carrillo said police believe Cortez and his wife used false names to buy property in Panama. According to Nicaraguan newspaper La Voz Del Sandinismo, they were captured with contracts, deeds, stocks from Panamanian companies, a .22-caliber gun, ammunition for a .38-caliber gun, a cell phone and money. According to the Citizen-Times of Asheville, Holbert, a native of Hendersonville, filed bankruptcy papers in March 2005, federal court documents show. He listed nearly $564,000 in total assets — mostly from two properties in Laurel Park and Saluda — and $783,897 in debts to creditors. Holbert moved to the Wilmington area during the summer of 2005 and began a scam to sell a house on Oak Island, according to the U.S. Marshals Service. He sold the house that fall for more than $200,000. Wilmington police issued an arrest warrant for forging a deed and obtaining property under a false pretense with a value of more than $100,000 Around the same time Holbert filed for bankruptcy, he and his wife divorced in Polk County, court records show. Holbert and his wife separated in May 2004 after nearly six years of marriage. The couple had three children, who are now ages 10, 9 and 7. The divorce paperwork listed “Michelle Reese” as Holbert’s live-in paramour. In 2005, WECT-TV in Wilmington The report says Ponder began arguing with Jones, and when Manis and Calhoun intervened on Jones’ behalf, Ponder became angry with Calhoun for interfering in his personal business. Calhoun punched Ponder, according to sheriff’s reports. Jones took Ponder home. Later, in a telephone call that was placed on speaker phone, Ponder allegedly told Calhoun to meet him at the East Quick Mart and they would settle things. Calhoun reportedly said he was on his way. Upon arrival, Ponder was in the field between his house and the store. The two men exchanged insults, and Calhoun began running across the
Courtesy of Google Maps
Marion St., Suite 212, at Charleston Place. Call (704) 487-4551. It is open from 9 a.m. to 5 p.m. Monday through Friday. The Daily Courier made four attempts to reach the Shelby office, but the line was busy each time.
Associated Press
Detainees identified by Nicaraguan authorities as William Adolfo Cortez, left, of Texas, and his wife Jane Cortez, right behind the police officer, are escorted by Nicaraguan and Panamanian police agents before being extradited to Panama at the airport in Managua,
reported, Detective Tony Burke with the Oak Island Police Department says Holbert sold an Oak Island property that wasn’t his. According to Burke, members of the Herron family came to Oak Island from out of state to stay in their summer home and made a shocking discovery. A man had moved into their house, gutted it, and was in the process of renovating the entire property. The man told the Herrons he owned their home, and he even produced a deed. Together, the group traced the bizarre situation back to William Holbert. The Associated Press contributed to this report.
road. At that point, the report says, Ponder fired several shots, one of which hit Calhoun in the stomach. Manis reportedly took the gun from Ponder, and he and Short set out in their vehicle to take Calhoun to Rutherford Hospital. They were stopped by a RCSO officer, who took the gun and escorted the car to the hospital. According to the arrest report, Ponder admitted to shooting Calhoun. Ponder had a first appearance in Rutherford County District Court this morning. The Daily Courier was unable to obtain a condition report on Calhoun at Rutherford Hospital.
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The Daily Courier, Forest City, NC, Friday, July 30, 2010 — 7A
Inside Scoreboard . . . . . . . . . . . Page 8 Baseball . . . . . . . . . . . . . Page 8 Panthers Notebook . . . . Page 9
Post 423 baseball takes a big step
Schilling’s business bleeds into politics BOSTON (AP) — Forget two wars, health care and the economy. The hottest political issue in New England right now is Curt Schilling. The former Boston Red Sox pitcher is back in the center of attention after his startup video game company was offered a sweetheart deal to leave Massachusetts for Rhode Island. As Republicans rail against government handouts in an era of belt-tightening, all five Rhode Island gubernatorial candidates expressed reservations. Former Sen. Lincoln Chafee even dredged up the now-discredited notion that Schilling faked the bloody sock that became his signature moment in the 2004 World Series.
By KEVIN CARVER Sports Reporter
Roush transferred to the Mayo Clinic ROCHESTER, Minn. (AP) — NASCAR team owner Jack Roush has been transferred to the Mayo Clinic following surgery on facial injuries he sustained in a plane crash in Wisconsin. Roush Fenway Racing said in a statement Thursday that Roush was taken to the Mayo Clinic on Wednesday and is in serious but stable condition. The team does not say what kind of injuries he has.
Buck Showalter hired as Orioles manager BALTIMORE (AP) — Buck Showalter was hired to manage the Baltimore Orioles on Thursday, his latest rebuilding project in a major league career full of them. Showalter’s first game will be Tuesday night at Camden Yards against the Los Angeles Angels. Baltimore had the worst record in the majors at 31-70 going into Thursday night against Kansas City and is headed toward its 13th straight losing season. The Orioles fired manager Dave Trembley on June 4 and replaced him on an interim basis with Juan Samuel. “Buck Showalter’s proven track record makes him the right choice for manager of the Orioles,” president of baseball operations Andy MacPhail said. Samuel will return to his job as the team’s third-base coach. Baltimore went 16-31 with him in charge.
Associated Press
Carolina Panthers quarterback Jimmy Clausen (2) throws a pass during practice at the NFL football team’s training camp in Spartanbrug, S.C., Thursday.
Clausen starts low key By MIKE CRANSTON AP Sports Writer
SPARTANBURG, S.C. — If Jimmy Clausen indeed becomes Carolina’s franchise quarterback, it’ll be after overcoming a humble beginning to his professional career. Three months after his draft weekend snub, a nervous Clausen fumbled a couple of snaps early in his first workout of training camp with the Panthers on Thursday, before laboring in the intense heat in his new role: third-stringer. It was a long way from all the high school hype, the brashness at Notre Dame and the declaration after the Panthers finally ended his two-day draft wait with the 48th selection that his goal was to be
the starter from day one. “That’s how you have to think. When you go out to practice you want to do as much as you can to be the starting quarterback,” Clausen said. “At the end of the day, I can control only what I can control and the coaches are going to make the decisions, who’s going to play and who’s not going to play.” It was the typical measured response Clausen has made routine since his first NFL minicamp in April. He’s impressed coaches with his lengthy film sessions and won over many of his teammates with his work ethic. “He’s quiet. He’s kept his mouth shut Please see Clausen, Page 9A
Please see Legion, Page 9A
Racing form This file photo shows drivers, from left, Clint Bowyer, Jeff Burton, and Kevin Harvick, talk with team owner Richard Childress, second from right, before qualifying for the Coca-Cola 600. Richard Childress Racing, led by current points leader Kevin Harvick, has clearly bounced back from a disappointing 2009 season.
Local Sports CPL Baseball Martinsville at Forest City, 7 p.m.
On TV 9 a.m. (ESPN) Golf RICOH Women’s British Open, Second Round. 2 p.m. (ESPN) X Games 3 p.m. (ESPN2) ATP Tennis U.S. Open Series - Farmers Classic, Quarterfinal. 5 p.m. (ESPN2) Golf U.S. Senior Open Championship, Second Round. 7 p.m. (ESPN) X Games (TS) MLB Baseball Atlanta Braves at Cincinnati Reds. 9 p.m. (ESPN2) Boxing Friday Night Fights. Delvin Rodriguez vs. Ashley Theopane, from Miami, Okla. (WGN-A) MLB Baseball Chicago Cubs at Colorado Rockies. 11 p.m. (ESPN2) WTA Tennis U.S. Open Series - Bank of the West Classic, Quarterfinal.
FOREST CITY — Rutherford County Post 423 regained some of its stature in summer baseball with a great run that ended in the third round of the state American legion Tournament. Post 423 made it to the American Legion state tournament for the first time since 2001. After charging into the Area IV finals, where they finished second to rival Cherryville, Post 423 won a first-round game in the state playoffs before losing two-ina-row in Asheboro to end the season. Rutherford County finished with a 19-11 overall record, including an 11-5 slate in the playoffs. This postseason run placed Post 423 as one of the top eight Legion programs in the state. Four young men ended their Legion careers on Monday. Stephen Crowe, Jonathan Hamlet, Tyler Byers and Kyle Holmstrom will not be able to participate next summer. Crowe boasted a .360 batting average and had a slugging percentage of .658 to lead the club. The rising sophomore at Louisburg College, who played his high school ball for R-S Central, led the team in homers with nine and RBI (38). More impressively, Crowe smacked seven of those homers in the playoffs and amassed a .414 average this postseason. Hamlet, a former Chase
Associated Press
Childress back at top in NASCAR By CHRIS JENKINS AP Sports Writer
INDIANAPOLIS — If anybody needed more evidence to confirm that Richard Childress Racing is back as a NASCAR power broker, Sunday’s organization-wide romp at the Indianapolis Motor Speedway could be Exhibit A. Sprint Cup points leader Kevin Harvick finished second for RCR, trailing only Jamie McMurray. His car, like Harvick’s, was powered by a motor built by the EarnhardtChildress Racing engine shop.
Harvick’s teammates weren’t far behind, with Clint Bowyer in fourth and Jeff Burton in sixth. And Juan Pablo Montoya, who led much of the race before getting shuffled back on a late pit strategy decision and subsequent crash, also had an ECR engine. After falling from its perch as a perennial contender in NASCAR, Richard Childress’ team has been on the rebound since last year’s Brickyard race. “From last year to this point, it’s a 180,” Harvick said. “It’s a lot easier and more exciting and everybody has
a lot better mindset coming to the race track than we did last year. In the end, you work just as hard to run last as you do to run first. To see the reward that the guys are getting and we all get from running better is a lot more fun.” Nobody could blame Childress for thinking about quitting racing after Dale Earnhardt, his longtime friend and star driver, died at Daytona in 2001. Childress pressed on: That’s Please see Childress, Page 8A
8A — The Daily Courier, Forest City, NC, Friday, July 30, 2010
Sports
Scoreboard BASEBALL National League
East Division W L Pct 58 43 .574 55 46 .545 52 50 .510 51 51 .500 44 58 .431 Central Division W L Pct Cincinnati 57 46 .553 St. Louis 56 46 .549 Milwaukee 48 55 .466 Chicago 46 56 .451 Houston 42 59 .416 Pittsburgh 36 65 .356 West Division W L Pct San Diego 60 40 .600 San Francisco 58 45 .563 Los Angeles 54 48 .529 Colorado 52 50 .510 Arizona 37 64 .366 Atlanta Philadelphia New York Florida Washington
GB — 3 6 1/2 7 1/2 14 1/2 GB — 1/2 9 10 1/2 14 20 GB — 3 1/2 7 9 23 1/2
Wednesday’s Games Houston 8, Chicago Cubs 1 Cincinnati 10, Milwaukee 2 Philadelphia 7, Arizona 1 Atlanta 3, Washington 1 San Francisco 10, Florida 9, 10 innings St. Louis 8, N.Y. Mets 7, 13 innings Pittsburgh 6, Colorado 2 San Diego 6, L.A. Dodgers 1 Thursday’s Games N.Y. Mets 4, St. Louis 0 Washington 5, Atlanta 3 Colorado 9, Pittsburgh 3 Florida 5, San Francisco 0 San Diego 3, L.A. Dodgers 2 Arizona at Philadelphia, late Friday’s Games Philadelphia (Oswalt 6-12) at Washington (Stammen 2-4), 7:05 p.m. Arizona (I.Kennedy 5-8) at N.Y. Mets (Pelfrey 10-5), 7:10 p.m. Atlanta (Medlen 6-2) at Cincinnati (Cueto 10-2), 7:10 p.m. Milwaukee (M.Parra 3-7) at Houston (Happ 1-0), 8:05 p.m. Pittsburgh (Karstens 2-6) at St. Louis (C.Carpenter 11-3), 8:15 p.m. Chicago Cubs (Dempster 8-7) at Colorado (Francis 3-3), 9:10 p.m. Florida (Volstad 4-8) at San Diego (LeBlanc 5-8), 10:05 p.m. L.A. Dodgers (Monasterios 3-2) at San Francisco (Lincecum 10-4), 10:15 p.m. Saturday’s Games Atlanta at Cincinnati, 4:10 p.m. L.A. Dodgers at San Francisco, 4:10 p.m. Milwaukee at Houston, 7:05 p.m. Philadelphia at Washington, 7:05 p.m. Arizona at N.Y. Mets, 7:10 p.m. Pittsburgh at St. Louis, 7:15 p.m. Chicago Cubs at Colorado, 8:10 p.m. Florida at San Diego, 8:35 p.m. Sunday’s Games Arizona at N.Y. Mets, 1:10 p.m. Atlanta at Cincinnati, 1:10 p.m. Philadelphia at Washington, 1:35 p.m. Milwaukee at Houston, 2:05 p.m. Pittsburgh at St. Louis, 2:15 p.m. Chicago Cubs at Colorado, 3:10 p.m. Florida at San Diego, 4:05 p.m. L.A. Dodgers at San Francisco, 8:05 p.m. American League
East Division W L Pct 64 36 .640 63 38 .624 58 44 .569 53 49 .520 31 70 .307 Central Division W L Pct Chicago 56 44 .560 Minnesota 56 46 .549 Detroit 51 50 .505 Cleveland 42 59 .416 Kansas City 42 59 .416 West Division W L Pct Texas 59 42 .584 Oakland 51 49 .510 Los Angeles 52 52 .500 Seattle 39 63 .382
New York Tampa Bay Boston Toronto Baltimore
GB — 1 1/2 7 12 33 1/2 GB — 1 5 1/2 14 1/2 14 1/2 GB — 7 1/2 8 1/2 20 1/2
Childress Continued from Page 7A
what Dale would want, he told himself. Childress took on investors, helping him make a commitment to improving the team’s engineering department. He navigated sponsorship issues and kept Harvick from leaving despite public squabbling over his contract. The team finally appeared to be on the upswing in 2007 and 2008, but took a significant step backward last year, when all four drivers were shut out of victory lane and missed the Chase for the Sprint Cup. Now Childress appears to be solidly back on top. “The guys on the team ... at RCR are just racers,” Harvick said. “You don’t have a huge amount of guys that are just, I guess, engineering-based, would be the most polite way to put it. Everybody has raced at a lower level and likes to be a part of doing well and the way that we function at RCR is very blue collar and I like that.”
Wednesday’s Games Minnesota 6, Kansas City 4 Boston 7, L.A. Angels 3 N.Y. Yankees 8, Cleveland 0 Toronto 5, Baltimore 0 Tampa Bay 7, Detroit 4 Oakland 3, Texas 1 Chicago White Sox 6, Seattle 5 Thursday’s Games Tampa Bay 4, Detroit 2 N.Y. Yankees at Cleveland, late Oakland at Texas, late Baltimore at Kansas City, late Seattle at Chicago White Sox, late Friday’s Games Cleveland (Masterson 3-9) at Toronto (Marcum 9-4), 7:07 p.m. Detroit (Galarraga 3-3) at Boston (Lester 11-5), 7:10 p.m. N.Y. Yankees (P.Hughes 12-3) at Tampa Bay (W.Davis 8-9), 7:10 p.m. Baltimore (Arrieta 3-3) at Kansas City (O’Sullivan 1-1), 8:10 p.m. Oakland (Bre.Anderson 2-1) at Chicago White Sox (D.Hudson 1-1), 8:10 p.m. Seattle (Fister 3-6) at Minnesota (S.Baker 8-9), 8:10 p.m. Texas (Tom.Hunter 8-0) at L.A. Angels (E.Santana 9-7), 10:05 p.m. Saturday’s Games Cleveland at Toronto, 1:07 p.m. Detroit at Boston, 4:10 p.m. Oakland at Chicago White Sox, 7:05 p.m. Baltimore at Kansas City, 7:10 p.m. N.Y. Yankees at Tampa Bay, 7:10 p.m. Seattle at Minnesota, 7:10 p.m. Texas at L.A. Angels, 9:05 p.m. Sunday’s Games Cleveland at Toronto, 1:07 p.m. Detroit at Boston, 1:35 p.m. N.Y. Yankees at Tampa Bay, 1:40 p.m. Oakland at Chicago White Sox, 2:05 p.m. Baltimore at Kansas City, 2:10 p.m. Seattle at Minnesota, 2:10 p.m. Texas at L.A. Angels, 3:35 p.m.
TRANSACTIONS BASEBALL American League BALTIMORE ORIOLES — Named Buck Showalter manager, effective Monday, and signed him to a multiyear contract. Traded 3B Miguel Tejada and cash to San Diego for RHP Wynn Pelzer. DETROIT TIGERS — Optioned INF Scott Sizemore to Toledo (IL). KANSAS CITY ROYALS — Selected the contract of RHP Greg Holland from Omaha (PCL). TEXAS RANGERS — Placed 2B Ian Kinsler on the 15-day DL, retroactive to July 28. Purchased the contract of 1B/OF Mitch Moreland from Oklahoma City (PCL). Transferred RHP Mark Lowe to the 60-day DL. National League FLORIDA MARLINS — Traded 3B Jorge Cantu to Texas for RHP Evan Reed and RHP Omar Poveda. PHILADELPHIA PHILLIES — Traded LHP J.A. Happ, OF Anthony Gose and SS Jonathan Villar to Houston for RHP Roy Oswalt and cash considerations. HOUSTON ASTROS — Traded OF Anthony Gose to Toronto for 1B Brett Wallace. PITTSBURGH PIRATES — Promoted C/INF James Skelton from Bradenton (FSL) to Altoona (EL). WASHINGTON NATIONALS — Placed RHP Stephen Strasburg on the 15-day DL, retroactive to July 22. Activated LHP Scott Olsen from the 15-day DL. Southern League CAROLINA MUDCATS — Added RHP Matt Klinker from Louisville (IL). Carolina League WINSTON-SALEM DASH — Added INF Kyle Shelton from Charlotte (IL). Reassigned LHP Matt Wickswat to Kannapolis (SAL). American Association ST. PAUL SAINTS — Acquired and signed INF Brad M. Miller from Southern Illinois (Frontier) for a player to be named. WICHITA WINGNUTS — Traded INF Jose Duran to Fort Worth for INF Cesar Suarez. Can-Am League QUEBEC CAPITALES — Released RHP Steven
It’s shaping up as a potential championship season for Harvick, who leads Jeff Gordon by 184 points after Indy. Harvick’s stellar season has been playing out somewhat under the radar because he has two victories, while Jimmie Johnson and Denny Hamlin have five each. The often-outspoken Harvick doesn’t mind being outside the spotlight. “Absolutely, that makes things a lot easier,” he said. “It lets us focus on what we need to focus on. The attention and the things that have or haven’t come with that don’t really matter to us as long as we’re getting the results on the race track.” Burton and Bowyer are contenders, too; if the Chase started today, both drivers would be in. The team is building better cars — and better engines, in a joint venture with Dale Earnhardt Inc. The company also provides the engines in the cars McMurray and Montoya drive for the Earnhardt Ganassi Racing team, which is the result of a merger between Chip Ganassi’s
Belanger. SUSSEX SKYHAWKS — Released LHP Tim Layden. Golden League CALGARY VIPERS — Signed LHP Jason Norderum. United League LAREDO BRONCOS — Sent RHP Steve Raburn to Rio Grande Valley to complete an earlier trade. Signed RHP Reyes Dorado. BASKETBALL National Basketball Association ATLANTA HAWKS — Re-signed C Jason Collins. CLEVELAND CAVALIERS — Named Paul Pressey, Chris Jent, Jamahl Mosley and Joe Prunty assistant coaches. FOOTBALL National Football League ATLANTA FALCONS — Agreed to terms with LB Sean Weatherspoon on a five-year contract. BUFFALO BILLS — Placed DE Aaron Schobel on the reserve/did not report list. Placed S Jon Corto and LB Nic Harris on the active/phyicallyunable-to-perform list. DALLAS COWBOYS — Signed WR Teddy Williams and DL Jimmy Saddler-McQueen. INDIANAPOLIS COLTS — Signed LB Pat Angerer and DE Ricardo Mathews to four-year contracts. KANSAS CITY CHIEFS — Placed TE Brad Cottam on the reserve MIAMI DOLPHINS — Agreed to terms with DE Jared Odrick on a five-year contract and LB Koa Misi on a four-year deal. TAMPA BAY BUCCANEERS — Agreed to terms with LB Cody Grimm. Released S Dennis Rogan. Canadian Football League WINNIPEG BLUE BOMBERS — Released LB Derrick Doggett. HOCKEY National Hockey League ATLANTA THRASHERS— Signed F Andrew Ladd and F Ben Eager to one-year contracts and G Peter Mannino to a multiyear contract. OTTAWA SENATORS — Re-signed F Peter Regin to a two-year contract. SEATTLE SEAHAWKS — Agreed to terms with G Chester Pitts. Released DE Robert Henderson and LB Anthony Heygood. TAMPA BAY LIGHTNING — Re-signed D Vladimir Mihalik to a one-year contract. Signed D Mathieu Roy and D Mike Vernace to one-year contracts. Announced a one-year affiliation agreement with Florida (ECHL). American Hockey League CHARLOTTE CHECKERS — Agreed to terms with F Jacob Micflikier. ECHL VICTORIA SALMON KINGS — Signed D Derick Martin and D Ryan Turek. LACROSSE National Lacrosse League BUFFALO BANDITS — Re-signed F Jon Harasym to a two-year contract and D Darryl Gibson to a one-year contract. SOCCER Major League Soccer SEATTLE SOUNDERS — Signed M Alvaro Fernandez. COLLEGE APPALACHIAN STATE—Announced the resignation of softball coach Amy Herrington to accept a position as an assistant coach at Chattanooga. BINGHAMTON — Named Julius Smith men’s assistant basketball coach. DAVIDSON — Named Blair Weymouth women’s assistant lacrosse coach. GEORGIA — Named Mandy Langton associate athletic trainer. LOYOLA, MD. — Named Kristen Gillis compliance coordinator. OHIO STATE — Named Danielle Henderson assistant softball coach. PITTSBURG STATE — Named Jim Johnson athletic director. QUINNIPIAC — Signed women’s ice hockey coach Rick Seeley to a contract extension through the 2014-15 season.
Last-place Nats smack Braves WASHINGTON (AP) — Chipper Jones can think of one thing that might stem the struggles his Braves are going through at the moment. “Get us back to Atlanta. Please. At some point soon,” Jones said. “The road has been our nemesis all year. We haven’t swung the bat or we haven’t pitched. That trend continues.” Sorry, Chipper: Your team’s current road trip lasts another three games, with Cincinnati the next stop. The NL East-leading Braves have lost four of their past six games, falling to the lastplace Washington Nationals 5-3 Thursday. Scott Olsen returned from the disabled list to win his first appearance in more than two months, and Adam Dunn and Ian Desmond each homered and doubled for the Nationals. The Braves are 34-13 at home, 24-30 everywhere else. They lost two of three games in the series at Washington, dropping to 19-19 against NL East opponents, their worst mark against any division this season. “Bottom line is, we came in here and, in 27 innings, scored six runs,” said Jones, who went 0 for 4 Thursday. “That’s not going to cut it.” Indeed, the Braves were shut out in the series opener Tuesday, when Washington’s rookie sensation Stephen Strasburg was scratched at the last minute and replaced by 39-year-old journeyman reliever Miguel Batista. Strasburg went on the 15-day disabled list Thursday because of inflammation in his pitching shoulder, a move that created room on the roster for Olsen (3-2). A week ago, Atlanta held a season-high sevengame lead over the two-time defending NL champion Philadelphia Phillies. But that advantage was down to 3½ games heading into Thursday, when the Phillies bolstered their rotation by getting Roy Oswalt from the Houston Astros in a trade. Olsen gave up three runs — two earned — and five hits in six innings before a thunderstorm caused a 1½-hour delay. The lefty hadn’t pitched for Washington since May 21; he went on the disabled list the next day. Atlanta failed to score a single run in 11 2-3 innings against Washington’s bullpen in the series. Washington’s No. 8 hitter, backup catcher Wil Nieves, bounced a two-run single up the middle off Lowe in the fourth inning, breaking a 2-all tie. “The one ball that really killed us was the .180 hitter in their lineup drove in two runs,” Cox said. Desmond hit his seventh homer in the second, while Dunn’s 24th came in eighth off Takashi Saito.
Rockies 9, Pirates 3 DENVER (AP) — Ubaldo Jimenez was back to All-Star form and the Rockies found their groove at the plate. It all adds up to one thing: A return to the win column for Colorado. Jimenez rebounded from two rough starts to pitch seven effective innings and the Rockies snapped an eight-game skid with a 9-3 victory over the Pittsburgh Pirates on Thursday. Carlos Gonzalez and Brad Hawpe homered and Clint Barmes had two hits and three RBIs for the Rockies, who had dropped 11 of 13.
team and the racing side of DEI. Marlins 5, Giants 0 After Indy, Ganassi sounded like a satisfied customer. SAN FRANCISCO (AP) — Anibal Sanchez seems back to his old dominant form — and it “I want to thank Richard for sure helps to have a healthy shoulder again. giving me the 29 engine this Sanchez pitched a one-hitter for his first shutout weekend. He gave me the 29 since a no-hitter as a rookie in September 2006, and the 31 engines,” Ganassi and Jorge Cantu played his final game for Florida joked after McMurray’s win, in the Marlins’ 5-0 victory over the San Francisco referring to the car numbers for Giants on Thursday. Cantu was traded to the Harvick and Burton. “I tell him Texas Rangers after the game. that every week, you know.” Sanchez (8-6) retired his first 13 batters and With the championship a real matched a career-high with eight strikeouts. possibility, Harvick still wants Mets 4, Cardinals 0 to see continued improvement. But he marvels at the progress NEW YORK (AP) — R.A. Dickey took a threethe team has made. hitter into the ninth inning and Ike Davis hit a three-run homer, leading the Mets to its first “It’s pretty hard to put it in series victory in more than a month. perspective just for the fact Angel Pagan tripled and scored twice for the that last year we were, at best, Mets, who took two of three from St. Louis to a midpack car on a good day,” drop the Cardinals into second place in the NL Harvick said Sunday. “(Last Central. year’s Brickyard) was kind of the turnaround where it started, Rays 4, Tigers 2 and where last year we got our ST. PETERSBURG, Fla. (AP) — David Price new cars. became the AL’s first 14-game winner, Carlos Pena “And even today when I say had four RBIs and Tampa Bay beat Detroit 4-2 on we had a top-five car and was Thursday to complete a four-game sweep. capable of winning because we Price (14-5) allowed two runs and seven hits in took a chance and were able 6 1-3 innings, tying the team record for wins in a to run fast enough to have a season. He struck out nine and walked two. chance, with our cars last year Pena hit a second-inning solo homer and added a we couldn’t even take that two-run single during the third that put the Rays chance because they weren’t fast up 3-1. Pena made it 4-2 with an eighth-inning enough.” infield single.
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The Daily Courier, Forest City, NC, Friday, July 30, 2010 — 9A
Sports Clausen Continued from Page 7A
and has just been working hard,” said left tackle Jordan Gross, who added Clausen sent him a couple of text messages over the summer. “I think that’s the right way to do it as a quarterback or any player. “I think he’s got great potential. I know Matt (Moore) is our starter right now and that’s who I support. But anybody that’s got a Panthers helmet on, I want them to do their best. I’d love for him to succeed beyond anybody’s expectations. That would just make us better.” A day after signing a four-year contract that could be worth up to $6.3 million, Clausen blamed “a little pre-practice jitters” for bobbling a couple of snaps in a walkthrough before Thursday’s first practice. He then settled in mostly as the third-string QB behind Moore and Hunter Cantwell, although Clausen did take some snaps with the second unit and appeared to be sharp with his throws. The Californian acknowledged that despite being warned about the South Carolina humidity, it “caught me off guard a little bit.” “I feel like I’m in a good position right now playing in an offense that I did at Notre Dame for three years,” Clausen said. “At the same time you’ve got to get used of the speed. You’ve got to get used to different guys running routes. There’s a lot of timing that goes into everything, so that’s a big thing that I’m going to be working on in camp.” The 6-foot-2 Clausen threw 60 touchdown passes and 27 interceptions with the Fighting Irish, but was just 16-18 as a starter, hardly what fans expected after the high school phenom arrived in a limousine to announce his college choice. Questions about his attitude caused him to tumble in the draft after he left school a year early. “I really don’t think about it too often, but I’m sure it’ll be in the back of my head,” Clausen said. “That’s one of the things that makes me strive to be the best quarterback I can be. Go out each and every day and work as hard as I can and try to be perfect.” While the Panthers believe Clausen could eventually becoming their entrenched starter, Moore is clearly No. 1 at the start of camp after Jake Delhomme’s release. Clausen’s immediate goal is to pass Cantwell, who spent most of his rookie season on the practice squad as Moore’s backup. “Him and I had a great conversation today talking about some little things with the offense,” said Moore, who has started only eight NFL games. “I guess I’m kind of a mentor. I don’t see myself as one but I guess I play that role.”
Associated Press
Carolina Panthers head coach John Fox, center, talks to players after practice at the NFL football team’s training camp in Spartanbrug, S.C., Thursday.
Panthers Notebook
SPARTANBURG, S.C. (AP) — Jon Beason made the Pro Bowl the last two seasons as a middle linebacker. There’s a good chance he’ll start this season in a new position. The Carolina Panthers opened training camp Thursday with Beason at weakside linebacker in a revamped lineup following Thomas Davis’ season-ending knee injury last month. While not complaining, it was apparent Beason isn’t crazy about the shuffle after recording a teamrecord 169 tackles in 2009. “The only reason I’d prefer to be in the middle is because it’s something I have done, and I’ve done it at a high level,” Beason said. “I do have that comfort zone. but if it can help the team out, I want to do it. If I’ve got to go play running back, I’ll do it.” Davis’ second torn anterior Continued from Page 7A cruciate ligament in his right knee in less than a year left the player, batted .327 on the season and had the Panthers without their speedithird most home runs on the team with five. est linebacker, who was perhaps Hamlet had 32 hits this season and walks away having his own Pro Bowl seawith a .612 sluggish percentage on the year. son before first being injured in Tyler Byers, a former East Rutherford player and November. current Limestone College student, batted .323 “Thomas is faster than me. on the year and .326 in the playoffs. He hit three Thomas can jump higher than of his four homers in the playoffs and claimed a me. Thomas is a better cover postseason slugging percentage of .605. guy than me. Thomas hits really Holmstrom, another former R-S Central player, hard. He can do it all,” Beason was a big defensive help in playing second base said. “He’s the prototype (weakand shortstop and his bat caught fire this seaside) linebacker you want in this son. Holmstrom led the team in doubles (11) and scheme.” picked up 21 hits in the playoffs. For now, the Panthers have The rest of Post 423 wasn’t so shabby either, moved Dan Connor to Beason’s especially on offense, where they scored 10 runs or old spot. James Anderson is more in 15 of the 30 contests. playing strongside linebacker Dylan Hipp was a key contributor as he hit the after Na’il Diggs was let go in second most round-trippers with six, sported a the offseason. .400 batting average for the year and struck out The other option for Carolina the most batters from the mound (48). is to insert newly acquired Danny Fraga was another go-to guy during the Jamar Williams at weakside postseason as he hit .427 in the playoffs and .423 linebacker and keep Beason on the season. Fraga had the most hits (52) and in the middle. Williams was triples (5) this season. working with the second unit Derek Deaton and Nick Houser did a bunch of Thursday morning when he damage as well. Deaton compiled a .408 batting appeared to tweak his hamaverage and had 42 hits, the second most this sea- string. son. Houser picked up 39 hits with 30 of those being singles. First-day injuries: The tent Besides Hipp and Fraga, Robert Johnson, Alex Williams and Cam Wilkins all were important parts in the pitching rotation. All could come back next year. The possible return of 15 players from this year’s squad bodes will for Post 423 and should have head coach Sam Hooper excited about what is to come for 2011.
Legion
Points To Ponder Lanny funchess
––– funeraL director –––
in the middle of the three practice fields at Wofford College quickly filled up with casualties on Thursday. Williams and defensive end Charles Johnson were both banged up early in the workout, but clearly the most bizarre injury occurred to linebacker Sean Ware. The undrafted rookie from New Hampshire had an allergic reaction to a bee sting and was taken inside. They were joined by six players who flunked their physicals for various reasons a day earlier: receiver Steve Smith (arm), running back Jonathan Stewart (ankle), right tackle Jeff Otah (knee), defensive tackle Louis Leonard (knee), guard Duke Robinson (conditioning) and Davis. Robinson, who was doing conditioning drills on an adjacent field, severely hurt his chances for the open right guard spot. Mackenzy Bernadeau worked with the starters there. Geoff Schwartz was in Otah’s spot.
ing amount of offseason moves, it was a welcoming sight to see Jordan Gross back at left tackle seven months after breaking his leg. “I think it shows a lot for me to be out there taking all the reps,” Gross said. “I probably could have milked my injury a little more and taken some time off. But I think it’s important for guys to practice.”
Lining up: There were few surprises when the Panthers showed their current starting units during the morning workout in full pads. Johnson started at defensive end in Julius Peppers’ old spot until he was banged up. Everette Brown then slide into that position. The Panthers rotated defensive tackles, including Tank Tyler, Ed Johnson and Nick Hayden. With Smith out for several weeks as he recovers from a broken forearm, Dwayne Jarrett and Kenny Moore worked as the first-team receivers. But Jarrett didn’t get off to a great start, catching heat from the coaching staff when he appeared to run the wrong route during a drill. Jarrett later complained of pain in his right leg, but continued to practice. For a team that had a dizzy-
Extra points: Rookie Armanti Edwards, who worked mostly with the third team at receiver, had some difficulty fielding punts near the end of the first workout as he makes the transition from college quarterback. Captain Munnerlyn and Brian Witherspoon also fielded punts. ... CB Chris Gamble had the first interception of camp, picking off Matt Moore’s pass over the middle. ... Jordan Senn, primarily a special teams player, leveled some jarring hits playing linebacker.
Annual Football Preview for all Rutherford Co. High Schools… also included are pre-season soccer and volleyball highlights! Coming Friday, August 20, 2010
of goods or services. There are funding mechanisms available but this is not a requirement. The fact remains that everyone should take into consideration that at some point in time someone, probably a loved one, will be sitting down with a funeral provider to arrange for their services. Prearranging your own funeral could be one of the most unselfish things that you could do for your family.
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About 7,000 single-game tickets for each of Carolina’s 10 home games go on sale Saturday at 10 a.m. They can only be purchased through Ticketmaster and range in price from $39 to $79. The Panthers practice once on Friday at 3 p.m.
FOOTBALL SEASON
Funeral pre-planning
Funeral pre-planning has become a widely accepted practice. Pre-planning allows an individual to state his/her preferences about the type of funeral they desire. They are not being morbid, they are simply assuring that there desires are known. People who pre-plan also want to make the funeral arrangement process easier on their family members who are left behind. Preferences may include the place of the funeral, a specific musical selection or Scripture reading, the officiating clergy, place of burial or the manner of final disposition.
No pad trouble: No Dez Bryants here. Days after the Dallas rookie refused to carry a veteran Roy Williams’ shoulder pads at the end of a Cowboys practice, linebackers Eric Norwood and Eric Hardy were spotted doing the football ritual for rookies. Hardy had Beason’s shoulder pads as he walked up the hill to the locker room. “You know what, everybody carries pads,” Beason said. “All the great ones, all the Hall of Famers, they all carried pads. I carried pads.”
Advertising Deadline: Wednesday, August 11, 2010
GAME SCHEDULES TEAM INFO • • • •
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10A — The Daily Courier, Forest City, NC, Friday, July 30, 2010
Weather/nation Weather The Daily Courier Weather Today
Tonight
Saturday
Sunday
Monday
Tuesday
Partly Cloudy
Partly Cloudy
T-storms
T-storms
Mostly Sunny
Mostly Sunny
Precip Chance: 20%
Precip Chance: 20%
Precip Chance: 50%
Precip Chance: 30%
Precip Chance: 5%
Precip Chance: 5%
95º
70º
90º 70º
91º 69º
93º 70º
94º 71º
Almanac
Local UV Index
Around Our State Today
Statistics provided by Broad River Water Authority through 7 a.m. yesterday.
0 - 2 3 4 5 6 7 8 9 10 11+
Temperatures
0-2: Low, 3-5: Moderate, 6-7: High, 8-10: Very High, 11+: Extreme Exposure
High . . . . . . . . . . . . . . . . . .90 Low . . . . . . . . . . . . . . . . . . .72 Normal High . . . . . . . . . . . .89 Normal Low . . . . . . . . . . . . .64
Precipitation 24 hrs through 7 a.m. yest. .0.00" Month to date . . . . . . . . .0.87" Year to date . . . . . . . . .26.55"
Barometric Pressure
Sun and Moon Sunrise today . . . . .6:34 Sunset tonight . . . . .8:33 Moonrise today . . .10:39 Moonset today . . . .10:46
a.m. p.m. p.m. a.m.
Moon Phases
High yesterday . . . . . . .30.01"
Relative Humidity High yesterday . . . . . . . .100%
Last 8/2
First 8/16
New 8/9
President Barack Obama delivers a brief speech after sitting with small business owners at the Tastee Sub Shop in Edison, N.J. on Wednesday. Behind him are Tom and Catherine Horsburgh of Wayne, N.J. The small business loan program the president was touting was blocked by GOP Seators on Thursday.
City
Saturday
Hi/Lo Wx Hi/Lo Wx
Asheville . . . . . . .88/62 Cape Hatteras . . .87/76 Charlotte . . . . . . .95/70 Fayetteville . . . . .95/70 Greensboro . . . . .92/68 Greenville . . . . . .92/69 Hickory . . . . . . . . . .92/68 Jacksonville . . . .93/70 Kitty Hawk . . . . . .88/74 New Bern . . . . . .90/70 Raleigh . . . . . . . .93/67 Southern Pines . .95/70 Wilmington . . . . .91/75 Winston-Salem . .92/68
pc mc s s s mc pc t mc t s s pc s
87/67 87/75 90/71 93/70 89/69 91/70 87/70 90/71 84/74 90/71 93/69 93/70 88/76 88/68
t s t s pc s t s s s s s pc pc
Associated Press
Weather (Wx): cl/cloudy; pc/partly cloudy; ra/rain; rs/rain & snow; s/sunny; sh/showers; sn/snow; t/thunderstorms; w/windy
Full 8/24
North Carolina Forecast
Greensboro 92/68
Asheville 88/62
Forest City 95/70 Charlotte 95/70
Today
City
Greenville 92/69
Raleigh 93/67
Kinston 92/69
Fayetteville 95/70
Shown is today’s weather. Temperatures are today’s highs and tonight’s lows.
Across Our Nation
Elizabeth City 89/67
Durham 93/66
Winston-Salem 92/68
Wilmington 91/75
Today’s National Map
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Atlanta . . . . . . . . .98/75 Baltimore . . . . . . .88/66 Chicago . . . . . . . .80/70 Detroit . . . . . . . . .81/64 Indianapolis . . . .84/67 Los Angeles . . . .79/61 Miami . . . . . . . . . .91/79 New York . . . . . . .84/64 Philadelphia . . . .87/63 Sacramento . . . . .88/56 San Francisco . . .66/54 Seattle . . . . . . . . .77/58 Tampa . . . . . . . . .94/79 Washington, DC .88/64
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97/74 88/68 80/69 81/66 87/67 77/62 91/79 83/67 88/65 88/57 66/54 77/59 92/79 87/68
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Nation Today Texas man gets death for beheading 3 children
EDINBURG, Texas (AP) — A jury sentenced a south Texas man to death on Thursday, four days after convicting him of capital murder for beheading his common law wife’s three children in 2003. It is the second death sentence for John Allen Rubio, who was convicted of killing the children all under the age of four — smothering, stabbing and ultimately decapitating them — in a windowless Brownsville apartment.
Weather helping in fight to douse Calif. wildfires
TEHACHAPI, Calif. (AP) — Weather aided firefighters Thursday as they cut containment lines to encircle two wildfires that have destroyed homes and other buildings in remote California mountain communities. A 2 1/4-square-mile blaze near Tehachapi on the western edge of the Mojave Desert was 25 percent contained after burning about 30 homes and other structures in a scattered community called Old West Ranch. To the north, a fire that destroyed eight residences and a few outbuildings as it spread across about 25 square miles of the Sequoia
National Forest in the Sierra Nevada was 12 percent contained. A pattern of cool, moist morning and evening air was helping firefighters in the Tehachapi area about 70 miles north of Los Angeles.
4 killed in plane crash at Alaska military base ELMENDORF AIR FORCE BASE, Alaska (AP) — The deadly crash of a military cargo plane on a training mission occurred just about a minute after it took off from a runway at an Alaska base, officials said Thursday. Three of the men killed in the Wednesday evening accident were in the Alaska Air National Guard, and the fourth was on active duty at Elmendorf, Air Force Col. Jack McMullen said Thursday.
Panel hits Rangel with 13 alleged ethics charges WASHINGTON (AP) — House investigators accused veteran New York Rep. Charles Rangel of 13 violations of congressional ethics standards on Thursday, throwing a cloud over his four-decade political career and raising worries for fellow Democrats about the fall elections. The allegations came as lawyers for Rangel and the House ethics committee worked on a plea deal.
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GOP Senators block small business loan bill WASHINGTON — President Barack Obama’s election-year jobs agenda suffered a new setback Thursday when Senate Republicans blocked a bill creating a $30 billion government fund to help open up lending for credit-starved small businesses. The fund would be available to community banks with less than $10 billion in assets to help them increase lending to small businesses. The bill would combine the fund with about $12 billion in tax breaks aimed at small businesses. Democrats say banks should be able to use the lending fund to leverage up to $300 billion in loans, helping to loosen tight credit markets. Some Republicans, however, likened it to the unpopular bailout of the financial industry. Democrats had wanted to pass the bill before Congress leaves town for summer vacation, enabling them to reassure anxious voters back home that they were addressing the sluggish economy. Senate leaders continued to negotiate changes to the bill Thursday, but time was short. The Senate is in session for another week; the House is scheduled to adjourn Friday. Congressional Democrats started the year with ambitious plans to pass a series of bills designed to create jobs. But unless they reach a breakthrough on the small business lending bill, they will have little to show for it just a few months before midterm elections that will deter-
Arizona appeals ruling PHOENIX (AP) — Arizona asked an appeals court Thursday to lift a judge’s order blocking most of the state’s immigration law as the city of Phoenix filled with protesters, including about 50 who were arrested for confronting officers in riot gear. Republican Gov. Jan Brewer called U.S. District Judge Susan Bolton’s Wednesday’s decision halting the law “a bump in the road,” and the state appealed to the 9th U.S. Circuit Court of Appeals in San Francisco. Outside the state Capitol, hundreds of protesters began marching at dawn, gathering in front of the federal courthouse where Bolton issued her ruling on Wednesday. They marched on to the office of Maricopa County Sheriff Joe Arpaio, who has made a crackdown on ille-
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mine whether Democrats keep their majorities in the House and Senate. Congress has extended unemployment benefits for people who have been out of work for long stretches and passed a measure that gives tax breaks to businesses that hire unemployed workers. But many other initiatives stalled, in part because of concerns they would add to the growing national debt. Obama lobbied for the small business lending bill during a trip Wednesday to Edison, N.J. But Senate Democrats fell short of the necessary 60 votes Thursday to end a Republican filibuster. The vote was 58 to 42, with all 41 Republicans voting to continue the filibuster. Senate Majority Leader Harry Reid, D-Nev., also voted to continue the filibuster, but only as a procedural step that allows him to call up the bill again. Much of the bill had bipartisan support, but Senate Republican leader Mitch McConnell of Kentucky said Democrats were blocking GOP amendments. Reid said Republican demands kept changing. “It takes a lot of effort to make a partisan issue out of a bill that should have broad bipartisan support,” McConnell said. “But our friends on the other side have managed to pull it off. They’ve outdone themselves.” Reid said he offered to hold votes on some Republican amendments, only to see the list of GOP demands grow.
gal immigration one of his signature issues. At least 32 demonstrators were arrested after blocking the entrance and beating on the large steel doors leading to the Maricopa County jail in downtown Phoenix. Sheriff’s deputies in riot gear opened doors and waded out into the crowd, hauling off those who didn’t move. Dozens of others were arrested throughout the day, trying to cross a police line, entering closed-off areas or sitting in the street and refusing to leave. Arpaio vowed to go ahead with a crime sweep targeting illegal immigrants. “My deputies will arrest them and put them in pink underwear,” Arpaio said, referring to one of his odd methods of punishing prisoners.
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The Daily Courier, Forest City, NC, Friday, July 30, 2010 — 11A
Business/finance
THE MARKET IN REVIEW
STOCK EXCHANGE HIGHLIGHTS
d
NYSE
6,994.57 -4.61
GAINERS ($2 OR MORE)
Name Last GrtAtlPac 3.37 Modine 10.39 Compellent13.63 Brunswick 16.67 AtlasPplH 8.16 FstPfd pfA 10.45 Ameriprise 42.98 UnvAmr 16.75 HlthSprg 19.27 Hill-Rom 32.00
Chg +.67 +1.46 +1.84 +2.11 +.91 +1.15 +4.70 +1.79 +2.04 +3.35
%Chg +24.8 +16.3 +15.6 +14.5 +12.6 +12.4 +12.3 +12.0 +11.8 +11.7
LOSERS ($2 OR MORE)
Name Last Covance 39.65 ComScop 21.34 BldBear 6.02 Raythn wt 10.52 PMI Grp 3.23 Harsco 22.96 BungeLt 46.29 LSI Corp 4.08 BkA BM RE 2.48 OwensIll 26.75
Chg -9.97 -4.73 -1.17 -1.97 -.56 -3.89 -7.68 -.66 -.32 -3.09
%Chg -20.1 -18.1 -16.3 -15.8 -14.8 -14.5 -14.2 -13.9 -11.4 -10.4
MOST ACTIVE ($1 OR MORE) Name Vol (00) Last Chg Citigrp 3774993 4.12 +.03 S&P500ETF2017823110.29 -.54 BkofAm 1230172 14.03 +.04 FordM 874672 12.97 +.06 Motorola 746207 7.61 -.07 SprintNex 726696 4.76 -.08 GenElec 692729 16.15 +.10 SPDR Fncl 675889 14.72 +.05 iShR2K 603595 64.98 -.09 DirFnBear 580011 13.81 -.07 Advanced Declined Unchanged Total issues New Highs New Lows Volume
DIARY
1,602 1,441 128 3,171 154 17 4,717,645,321
d
AMEX
1,886.92 -12.65
GAINERS ($2 OR MORE)
Name Last FiveStar 3.65 B&HO 4.82 AmShrd 3.25 Aerosonic 3.38 AmDGEn n 2.99 ChiArmM 3.60 UQM Tech 3.95 AlldNevG 16.90 CompTch 2.16 OrienPap n 4.59
Chg +.69 +.52 +.31 +.29 +.24 +.21 +.21 +.86 +.11 +.23
%Chg +23.3 +12.1 +10.5 +9.4 +8.7 +6.2 +5.6 +5.4 +5.4 +5.3
LOSERS ($2 OR MORE)
Name Last CAMAC n 2.96 AmBiltrt 3.61 ProlorBio 5.58 Libbey 11.50 Espey 18.55 OverhillF 5.24 BioTime wt 3.68 EmersnR h 2.20 Kemet 3.43 CheniereE 17.80
Chg %Chg -.77 -20.6 -.26 -6.7 -.37 -6.2 -.69 -5.7 -1.03 -5.2 -.26 -4.7 -.17 -4.4 -.10 -4.3 -.15 -4.2 -.77 -4.1
MOST ACTIVE ($1 OR MORE) Name Vol (00) Last Chg AmO&G 105387 7.31 +.17 VantageDrl 38872 1.33 +.01 NwGold g 16494 4.87 -.16 CAMAC n 16434 2.96 -.77 GoldStr g 15977 4.04 +.01 LibAcq wt 15572 1.06 -.02 NovaGld g 14924 5.98 -.11 SamsO&G 12142 1.27 +.05 NthgtM g 11823 2.91 +.02 AmApparel 11358 1.55 -.26 DIARY
Advanced Declined Unchanged Total issues New Highs New Lows Volume
263 197 43 503 9 6 74,886,593
d
DAILY DOW JONES
NASDAQ
GAINERS ($2 OR MORE)
Name Last CrwnMedia 2.53 InnovSol 5.83 USA Tc pf 8.00 PlumasBc 3.22 Questcor 11.25 VA Cmce 6.30 ProvFnH 6.30 SumFWV 3.25 CitrixSys 56.67 Newport 12.75
Chg +.75 +1.57 +2.09 +.62 +2.15 +1.18 +1.17 +.56 +9.34 +1.92
%Chg +42.1 +36.9 +35.4 +23.8 +23.6 +23.0 +22.8 +20.8 +19.7 +17.7
LOSERS ($2 OR MORE)
Name Last Chg VistaPrt 31.99-18.27 AsiaInfoL 19.15 -6.85 Wowjoint 2.53 -.88 NeutTand 10.53 -2.62 Arris 9.61 -1.88 TaylorCap 10.19 -1.71 GSI Cmmrc22.78 -3.77 CobraEl 2.33 -.36 Metabolix 14.32 -2.17 AkamaiT 38.35 -5.68
%Chg -36.4 -26.3 -25.8 -19.9 -16.4 -14.4 -14.2 -13.4 -13.2 -12.9
MOST ACTIVE ($1 OR MORE)
Name Vol (00) Intel 817913 PwShs QQQ809395 Microsoft 686642 Nvidia 621289 Symantec 597151 MicronT 531472 Oracle 392484 Cisco 371114 ApldMatl 353948 MarvellT 326653
Advanced Declined Unchanged Total issues New Highs New Lows Volume
Last Chg 21.03 -.30 45.71 -.34 26.03 +.08 9.13 -1.00 13.03 -1.64 7.78 -.46 23.70 -.58 23.21 -.18 11.94 -.41 14.87 -.50
DIARY
1,259 1,350 143 2,752 42 35 2,285,552,746
10,640
Dow Jones industrials
Close: 10,467.16 Change: -30.72 (-0.3%)
2,251.69 -12.87
52-Week High Low
11,258.01 4,812.87 408.57 7,743.74 1,994.20 2,535.28 1,219.80 852.90 12,847.91 745.95
10,300 9,960
11,600
10 DAYS
11,200 10,800
9,007.47 3,437.41 346.95 6,241.58 1,631.95 1,929.64 968.65 616.12 9,964.80 544.17
STOCK MARKET INDEXES Dow Industrials Dow Transportation Dow Utilities NYSE Composite Amex Market Value Nasdaq Composite S&P 500 S&P MidCap Wilshire 5000 Russell 2000
10,400
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10,467.16 4,415.02 387.34 6,994.57 1,886.92 2,251.69 1,101.53 758.11 11,558.55 650.43
-30.72 -5.30 -5.78 -4.61 -12.65 -12.87 -4.60 -3.57 -44.29 -.33
F
M
A
M
L
I
J
J
Total Assets Obj ($Mlns) NAV
Name
PIMCO TotRetIs Vanguard TotStIdx American Funds GrthAmA m American Funds CapIncBuA m TOCKS OF OCAL NTEREST Fidelity Contra American Funds CpWldGrIA m YTD YTD American Funds IncAmerA m Name Div Yld PE Last Chg%Chg Name Div Yld PE Last Chg %Chg Vanguard 500Inv AT&T Inc 1.68 6.5 11 26.02 -.18 -7.2 LeggPlat 1.04 5.0 18 20.77 -.03 +1.8 Vanguard InstIdxI American Funds InvCoAmA m Amazon ... ... 48 116.86 -.27 -13.1 Lowes .44 2.1 17 20.48 -.22 -12.4 Dodge & Cox Stock ArvMerit ... ... ... 16.06 +.60 +43.6 Microsoft .52 2.0 7 26.03 +.08 -14.6 American Funds EurPacGrA m American Funds WAMutInvA m BB&T Cp .60 2.4 23 25.05 -.51 -1.3 PPG 2.20 3.2 17 68.82 -.02 +17.6 PIMCO TotRetAdm b BkofAm .04 .3 94 14.03 +.04 -6.8 ParkerHan 1.04 1.7 26 61.56 -.25 +14.3 Dodge & Cox IntlStk BerkHa A ... ... 14116866.00+251.00 +17.8 FrankTemp-Franklin Income A m Cisco ... ... 20 23.21 -.18 -3.0 ProgrssEn 2.48 5.9 14 42.32 -.41 +3.2 American Funds NewPerspA m ... ... 68 32.01 +.21 +3.6 American Funds BalA m Delhaize 2.02 2.7 ... 74.68 +.65 -2.7 RedHat Dell Inc ... ... 16 13.16 -.34 -8.4 RoyalBk g 2.00 ... ... 52.12 +.24 -2.7 American Funds FnInvA m DukeEngy .98 5.7 13 17.17 -.14 -.2 SaraLee .44 3.0 34 14.78 -.17 +21.3 PIMCO TotRetA m Vanguard TotStIAdm ExxonMbl 1.76 2.9 14 60.34 -.57 -11.5 SonicAut ... ... 10 10.06 +.31 -3.2 American Funds BondA m FamilyDlr .62 1.5 16 40.98 -.31 +47.3 SonocoP 1.12 3.4 16 32.56 -.15 +11.3 Vanguard Welltn Vanguard 500Adml FifthThird .04 .3 ... 12.82 +.06 +31.5 SpectraEn 1.00 4.8 15 20.69 -.43 +.9 Fidelity DivrIntl d FCtzBA 1.20 .6 9 192.95 -.81 +17.6 SpeedM .40 2.9 ... 13.85 -.08 -21.4 Fidelity GrowCo GenElec .48 3.0 17 16.15 +.10 +6.7 .52 1.5 ... 33.76 +3.19 +42.4 Vanguard TotIntl d GoldmanS 1.40 .9 8 152.58 +5.38 -9.6 Timken Vanguard InstPlus 1.88 2.9 23 64.39 -.41 +12.2 T Rowe Price EqtyInc Google ... ... 21 484.99 +.64 -21.8 UPS B KrispKrm ... ... ... 3.90 +.15 +32.2 WalMart 1.21 2.4 13 51.06 -.07 -4.5 Hartford CapAprA m Pioneer PioneerA m Goldman Sachs ShDuGovA m Stock Footnotes: g = Dividends and earnings in Canadian dollars. h = Does not meet continued-listing standards. lf = Late filing with SEC. n = New in past 52 weeks. pf = Preferred. rs = Stock has undergone a reverse stock split of at least 50 Alliance Bernstein GrowIncA m percent within the past year. rt = Right to buy security at a specified price. s = Stock has split by at least 20 percent within the DWS-Scudder REstA m Hartford GrowthL m last year. un = Units. vj = In bankruptcy or receivership. wd = When distributed. wi = When issued. wt = Warrants.
S
Mutual Fund Footnotes: b = Fee covering market costs is paid from fund assets. d = Deferred sales charge, or redemption fee. f = front load (sales charges). m = Multiple fees are charged. NA = not available. p = previous day’s net asset value. s = fund split shares during the week. x = fund paid a distribution during the week.Gainers and Losers must be worth at least $2 to be listed in tables at left. Most Actives must be worth at least $1. Volume in hundreds of shares. Source: The Associated Press. Sales figures are unofficial.
YTD %Chg %Chg
-.29 -.12 -1.47 -.07 -.67 -.57 -.42 -.47 -.38 -.05
+.38 +7.69 -2.68 -2.65 +3.40 -.77 -1.22 +4.33 +.09 +4.00
12-mo %Chg
+14.34 +23.66 +3.66 +9.56 +12.54 +13.48 +11.63 +20.84 +13.80 +16.61
CI 133,927 LB 58,508 LG 58,394 IH 52,393 LG 51,938 WS 47,349 MA 46,079 LB 44,145 LB 43,384 LB 42,830 LV 37,018 FB 34,013 LV 33,997 CI 33,304 FV 33,120 CA 29,810 WS 28,582 MA 28,053 LB 27,888 CI 27,822 LB 27,667 CI 27,417 MA 27,112 LB 26,583 FG 24,666 LG 24,664 FB 23,838 LB 23,746 LV 14,815 LB 8,239 LB 3,805 GS 1,452 LV 1,066 SR 445 LG 160
11.36 27.36 26.66 47.02 58.00 32.41 15.48 101.54 100.89 25.18 94.16 37.23 24.36 11.36 31.45 2.08 24.99 16.36 32.20 11.36 27.37 12.27 28.90 101.55 26.72 68.87 14.04 100.90 21.07 29.90 35.04 10.44 2.91 15.90 14.70
Total Return/Rank Pct Min Init 4-wk 12-mo 5-year Load Invt
+1.1 +12.9/B +5.9 +16.4/A +5.1 +11.6/D +6.1 +11.5/C +3.8 +16.2/A +9.7 +12.7/C +5.2 +16.7/A +5.9 +15.2/B +5.9 +15.3/B +6.6 +12.2/D +5.8 +15.3/B +9.1 +12.9/B +6.3 +15.0/B +1.1 +12.6/C +10.0 +17.2/A +4.6 +19.7/A +6.8 +14.6/B +4.5 +13.9/C +6.3 +15.0/B +1.1 +12.4/C +5.9 +16.6/A +1.1 +12.3/C +4.6 +13.6/C +5.9 +15.3/B +9.2 +10.1/E +5.3 +17.2/A +10.1 +12.7/B +5.9 +15.3/B +6.3 +17.7/A +7.5 +12.9/D +6.3 +13.4/C 0.0 +3.1/D +6.6 +9.5/E +8.0 +57.9/B +7.9 +12.1/C
+7.9/A +0.3/B +1.0/B +3.2/C +3.1/A +4.5/A +2.7/B -0.3/C -0.1/C +0.6/B -1.8/D +6.0/A -0.3/B +7.6/A +4.4/A +3.7/B +4.8/A +2.0/C +2.7/A +7.4/A +0.3/B +3.4/E +4.4/A -0.2/C +2.0/D +3.5/A +4.1/B -0.1/C +0.4/B +2.2/A +0.1/B +4.9/B -2.3/D +0.5/C -0.6/D
NL 1,000,000 NL 3,000 5.75 250 5.75 250 NL 2,500 5.75 250 5.75 250 NL 3,000 NL 5,000,000 5.75 250 NL 2,500 5.75 250 5.75 250 NL 1,000,000 NL 2,500 4.25 1,000 5.75 250 5.75 250 5.75 250 3.75 1,000 NL 100,000 3.75 250 NL 10,000 NL 100,000 NL 2,500 NL 2,500 NL 3,000 NL200,000,000 NL 2,500 5.50 2,000 5.75 1,000 1.50 1,000 4.25 2,500 5.75 1,000 4.75 0
CA -Conservative Allocation, CI -Intermediate-Term Bond, ES -Europe Stock, FB -Foreign Large Blend, FG -Foreign LargeGrowth, FV -Foreign Large Value, IH -World Allocation, LB -Large Blend, LG -Large Growth, LV -Large Value, MA -Moderate Allocation, MB -Mid-Cap Blend, MV Mid-Cap Value, SH -Specialty-heath, WS -World Stock, Total Return: Chng in NAV with dividends reinvested. Rank: How fund performed vs. others with same objective: A is in top 20%, E in bottom 20%. Min Init Invt: Minimum $ needed to invest in fund. Source: Morningstar.
Markets down as uncertainty grips investors
NEW YORK (AP) — Stocks ended an erratic day with a modest loss Thursday as investors tried to reconcile another batch of conflicting economic signals. The Dow Jones industrial average closed down 30 points after falling as much as 110 and rising 87 during the course of the day. The other big market indexes also closed slightly lower. Thursday’s trading fit with the market’s monthslong pattern. Investors are torn between upbeat earnings news from companies and reports that point to an uncertain recovery. That indecision was clear as stocks rose on strong earnings at Southwest Airlines Co., ExxonMobil Corp. and other companies, then fell on disappointment over a slight drop in first-time claims for unemployment benefits. Traders were also uneasy ahead of the first reading on U.S. gross domestic product for the AprilJune quarter, to be released Friday. “This is a market that is trying to ascertain how deep the downturn is going to be and it is a market that’s future-looking,” said Quincy Krosby, a market strategist with Prudential Financial. “It’s looking at numbers five to six months from now, trying to get a portrait of the economy and where earnings are going to be. Until it gets clarity on that it’s going to be a choppy market.” There was little to help traders get that clarity Thursday. The Labor Department said initial claims for unemployment benefits dropped by a modest 11,000 to 457,000 last week. That’s slightly better than the 459,000 forecast by economists polled by Thomson Reuters, but investors were disappointed because the drop was so small. The Dow fell 30.72, or 0.3 percent, to 10,467.16. Although the Dow has fallen 70 points over the past two days, it is up 7.1 percent for July with one trading day to go. A big chunk of the July gain came in just four days that ended Tuesday, as the average rose 420 points in response to strong earnings. On Wednesday, however, the Federal Reserve’s assessment of the economy region by region reaffirmed for investors the fact that the recovery has slowed. The Standard & Poor’s 500 index fell 4.60, or 0.4 percent, to 1,101.53. The Nasdaq composite index fell 12.87, or 0.6 percent,to 2,251.69. Rising stocks were narrowly ahead of losers on the New York Stock Exchange. Consolidated volume, which includes shares traded on other exchanges, was light at 4.7 billion shares, up from Wednesday’s 4.1 billion. Many investors sat out the day because of the market’s inability to settle on a direction. Bond prices were mixed. The yield on the 10-year Treasury note, which moves opposite its price, was 2.99 percent, unchanged from late Wednesday. The 10-year yield helps set interest rates on mortgages and other consumer loans. Traders will look next to Friday’s GDP report for a sense of how the recovery is doing. Economists surveyed by Thomson Reuters are forecasting that the GDP, the broadest measure of the economy, slowed in the second quarter to an annual rate of 2.5 percent as the government cut back on stimulus programs.
Net Chg
MUTUAL FUNDS
10,000 9,600
Last
Name
In this file photo, Chairman of the Federal Reserve Ben Bernanke testifies before the House Financial Services Committee on Capitol Hill in Washington. Bernanke and his colleagues are weighing new steps to invigorate the economy if the recovery shows signs of backsliding. Associated Press
Fed’s internal debates intensify WASHINGTON (AP) — Debate is intensifying at the Federal Reserve over how best to cope with a weakening recovery, with momentum growing for a concrete plan to prevent a backslide into recession. That came into view Thursday as James Bullard, president of the Federal Reserve Bank of St. Louis, offered a specific proposal. He said the Fed should revive a crisis-era program to buy government debt if the country seems headed toward a bout with deflation. Fed Chairman Ben Bernanke has yet to endorse precise steps, only saying that the Fed is ready to act if needed. He has mentioned possibilities, while committing to none. And one Fed official has dissented all year over the Fed’s pledge to keep interest rates at record lows, pointing to some unease inside the central bank over taking any new steps to stimulate growth. Bernanke and his colleagues meet next on Aug. 10. Economists don’t think the Fed will announce new policy actions at that time, unless the economy were to seriously deteriorate before then. However, what specific elements should be part of a contingency plan are likely to dominate those discussions, analysts said. Bullard, a voting member this year on the Fed’s main policysetting committee, worries that the United States could tip into a Japanese-like bout of
deflation if the economy weakens. Deflation is a widespread and prolonged drop in prices of goods, values of homes and stocks, and in wages. For now, Bullard thinks the deflation risk is still low. But the danger could grow. Buying government debt would energize the economy and nip deflationary forces. Bernanke told lawmakers on Capitol Hill last week that the Fed policymakers had several options if the economy worsens. They could cut to zero the interest rate paid to banks on money parked at the Fed. They could also provide more information about how long it will keep interest rates at record lows. And the Fed chief left the door open to relaunching programs to buy mortgage securities or government debt, the latter which Bullard says should be considered. Last year, the Fed bought up to $300 billion worth of Treasury securities. It marked an unconventional move to pull the country out of its worst recession since the 1930s. At that time, the initiative sparked controversy from critics on Capitol Hill and elsewhere that the Fed was basically printing money to pay for rising budget deficits and debt. In a paper released Thursday, Bullard also argued that the Fed’s pledge to hold rates at record lows for an “extended period” is a “double-edged sword.” The pledge could make
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investors, businesses and ordinary people think inflation could be heading lower, which could aggravate the risk of deflation. America’s last serious case of deflation was during the Great Depression in the 1930s. Japan was gripped with a period of deflation during the 1990s, and it took a decade for that country to overcome those problems. Asked whether he would dissent from the Fed’s pledge to hold rates at ultra-low levels for an extended period, Bullard neither committed to doing so, nor ruled it out. Thomas Hoenig, president of the Federal Reserve Bank of Kansas City, at the June meeting dissented from the Fed’s pledge. It was the fourth consecutive meeting where he objected to that pledge. But his concerns were different from Bullard’s. Hoenig fears keeping rates too low for too long could lead to excessive risk-taking by investors and feed new speculative bubbles in the prices of stocks, bonds and commodities. There are differences of opinion within the Fed about what new steps should be taken in case of an economic backslide. And, there’s also unease about taking any new action. Still, “there is momentum growing to have a contingency plan in place. How do we get the economy out of its funk. That is already the becoming the highest priority,” said Brian Bethune, at IHS Global Insight.
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12A — The Daily Courier, Forest City, NC, Friday, July 30, 2010
Nation/world World Today
PAKISTAN FLOODS
Fires destroy homes, people flee MOSCOW (AP) — Raging forest fires encircled a southern Russian city and tore through provincial villages Thursday, forcing mass evacuations as Moscow suffered through a record, weeks-long heat wave and smog cloud caused by peat-bog fires. Some 212,506 acres (86,000 hectares) were burning nationwide, and flames all but encircled the city of Voronezh, 300 miles southeast of Moscow. Forest fires on Moscow’s outskirts reached the city’s western fringe, in the Krylatskoye district, but were extinguished toward nightfall. State television pictures showed the evacuation by ambulance of a Voronezh city hospital. Channel One said more than 800 patients were transferred to other facilities as flames approached the city’s outskirts and thick smoke lowered visibility. Hundreds of children were evacuated from at least seven summer camps, according to the regional Emergencies Ministry website.
A Pakistani volunteer carries villagers in his boat who were stranded from their houses after heavy rain fall caused flooding in Nowshera, near Peshawar, Pakistan on Thursday. Rivers burst their banks during monsoon rains, washing away streets, battering a dam and killing at least 60 people, official said. Associated Press
Second U.S. sailor found dead
Passenger plane hijacking foiled
MOSCOW (AP) — A man briefly hijacked a plane at a Moscow airport on Thursday, holding 105 passengers hostage on the ground until police disguised as medics overpowered him and detained him, officials said. The plane landed at Domodedovo Airport after flying from the southern Russian city of Mineralnie Vody, airport spokeswoman Yelena Galanova told The Associated Press. The hijacker held the crew and passengers for 2 hours after landing, demanding a meeting with law enforcement officials and journalists, and claiming he had important information, said Tatyana Trunova, a spokeswoman for transport police. A dramatic rescue operation involving Russia’s special FSB forces and police agents ensued when the hijacker agreed to allow medics aboard to treat passengers who had fallen ill, Trunova said. Doctors went aboard, accompanied by police dressed as medics, and the man was overpowered, Trunova said.
80 dead after boat disaster
KINSHASA, Congo (AP) — A boat ferrying about 200 passengers to Congo’s capital capsized after hitting a rock, and a government spokesman said Thursday at least 80 people were confirmed dead. Rescuers were searching for dozens of missing people after the boating disaster on the Congo River near Maluku district about 80 miles (130 kilometers) from its destination, Information Minister Lambert Mende said. The boat was heading to Kinshasa from western Bandundu province’s district of Kwilu. Congo is a vast country of jungles and huge rivers in Central Africa with little more than 300 miles (480 kilometers) of paved road. Many people prefer to take boats even if they do not know how to swim. The boats are often in poor repair and filled beyond capacity.
KABUL, Afghanistan (AP) — The discovery of the body of a second U.S. sailor who vanished in Afghanistan last week only deepened the mystery of the men’s disappearance nearly 60 miles from their base in a dangerous area controlled by the Taliban. An investigation is under way, but with both sailors dead, U.S. authorities remained at a loss Thursday to explain what two junior enlisted men in noncombat jobs were doing driving alone in Logar province, where much of the countryside is not under government control. “This is like a puzzle,” said Abdul Wali, deputy head of the governing council in Logar. Petty Officer 2nd Class Justin McNeley — father of two boys aged 5 and 9 — from Kingman, Arizona, and Petty Officer 3rd Class Jarod Newlove, 25, from the Seattle area, disappeared in the province July 23. McNeley’s body was recovered there Sunday and Newlove’s body was pulled from a river Wednesday evening, Afghan officials said. The U.S. Navy confirmed Newlove death on Thursday. At the Newlove’s house in west Seattle, where children’s chalk drawings adorned the sidewalk, a big sign on the door said: “The family has no comment. Please respect our privacy.” Officials at the NATO-led coalition headquarters in Kabul have not offered an explanation as to why the two service members were driving a heavily armored vehicle so far from
n o i t a r t s i g e R has begun!
their base at Camp Julien, a training facility on the western edge of the city. A NATO official, speaking on condition of anonymity because the case was being investigated, said it was unclear what the two were doing, what prompted them to leave their compound or whether they were on official business. Senior military officials in Washington, who spoke on condition of anonymity because of the sensitivity of the case, said the sailors were never assigned anywhere near where their bodies were found. The NATO official in Kabul shot down speculation that the two had been abducted in Kabul and driven to Logar. Samer Gul, chief of Logar’s Charkh district, said the two sailors, in a four-wheel drive armored SUV, were seen Friday by a guard working for the district chief’s office. The guard tried to flag down the vehicle, carrying a driver and a passenger, but it kept going, Gul said. “They stopped in the main bazaar of Charkh district. The Taliban saw them in the bazaar,” Gul said. “They didn’t touch them in the bazaar, but notified other Taliban that a four-wheel vehicle was coming their way.” The second group of Taliban tried to stop the vehicle, but when it didn’t, insurgents opened fire and the occupants in the vehicle shot back, he said. The NATO official confirmed that the vehicle had been shot up.
Gul said there is a wellpaved road that leads into the Taliban area and suggested the Americans may have mistaken that for the main highway — which is much older and more dilapidated. Wali, the deputy head of the governing council in Logar, insisted the Taliban did not plan the incident. Initially, the insurgents didn’t know if they should claim responsibility or not, he said. “The Taliban were just joking around with each other and they suddenly saw a big armored vehicle coming toward them,” he said. “They thought it might be a trick — that if it got too close, there might be an airstrike against them — so they opened fire.” Din Mohammed Darwesh, spokesman for the provincial governor of Logar, said the governor’s office was upset because the two Americans left their base without notifying Afghan security forces in Logar, which is the normal protocol. He called their presence in Logar an “abnormal situation.” The international force quickly launched a massive search for the sailors, setting up checkpoints and distributing hundreds of fliers, with reprinted photos of the two missing sailors. The fliers offered a $20,000 reward for information about their whereabouts. The Taliban did not claim responsibility for the missing sailors for more than 48 hours after the ambush.
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The Daily Courier, Forest City, NC, Friday, July 30, 2010 — 1B SHOE by Chris Cassat and Gary Brookins
THE GRIZZWELLS by Bill Schoor
BROOM-HILDA by Russell Myers
DILBERT by Scott Adams
GIL THORP by Jerry Jenkins, Ray Burns and Frank McLaughlin
THE BORN LOSER by Art and Chip Sansom
ARLO AND JANIS by Jimmy Johnson
FRANK AND ERNEST by Bob Thaves
EVENING
JULY 30 DSH DTV 7:00
7:30 8:00 8:30 9:00 9:30 10:00 10:30 11:00 11:30 12:00 12:30
BROADCAST STATIONS
# WBTV $ WYFF _ WSPA ) WSOC ` WLOS 0 WGGS 5 WHNS A WUNF H WMYA Q WRET Æ WYCW
3 4 7 13 2 12 6 8 97 10
48 Hours. Medium Å Friday Night Dateline NBC Å 48 Hours. Medium Å Wife Swap Primetime Wife Swap Primetime Nite Line Wis House Å Bones Å Wash. North Peo Explr Friday Night SmackDown! Wash. Need News Smallville Supernatural
3 4 7 9 13 16 21 33 40 62
News Mil Ent Inside News Scene Inside Ent For J’par In Touch Two Sein Busi N.C. Payne My Mak Con Fam Ray
265 329 249 202 278 206 209 360 248 258 312 229 269 252 299 241 244 247 256 280 245 296 649 242 307
The First 48 Criminal Criminal Criminal Criminal Criminal 106 & Park } ›› Sugar Hill (‘93, Drama) Trey Mo’Nique W. Williams Daily Col Tosh Ftur South South South South Katt Williams Amer. Hustle John King Camp. Brown Larry King Anderson Cooper 360 (N) Larry King Animals Man, Woman Man, Woman Dual Survival Man, Woman Man, Woman X Games (L) Å SportsCenter Baseball Ton. Golf Boxing Friday Night Fights. WTA Tennis FOX Report O’Reilly Fac. Hannity (N) Record O’Reilly Hannity Air Racing Boxing Head Final ACC Final Air Racing In Her Shoes } ›› 27 Dresses (‘08) Katherine Heigl. Rescue Me Austin The Scout :07 } ››› Speed (‘94) Leg :37 } ››› Speed (‘94) Leg Angel Angel } ›› Stone Cold (‘05) Gold Gold Gold Gold House House Out Block Sarah Color House House Design Star Sarah Color Marvels Marvels Mod Mod Gangland Gangland Marvels Reba Reba Reba Reba } Held Hostage (‘09) Å Moth Moth Fras’r Me iCarly iCarly iCarly Troop Chris Chris Lopez Martin Chris Chris Chris Chris CSI CSI Knoc Knoc Knoc Knoc Knoc Knoc MAN Trail Haven Eureka Å Eureka (N) Haven (N) Eureka Å Haven Sein Sein Fam Fam } ››› Forrest Gump (‘94) Tom Hanks. Boys Boys Bad-Beautiful } Let the Good Times Roll } ››› Elvis on Tour (‘72) Let’s Spend Cup Cup Say Say Say Say Cup Cup Say Say Cup Cup Bones Å } ›› Walking Tall } ›› Walking Tall Memphis The Kingdom Total Bat Ben Gen Star Star King King Strok Amer Chil Ob MLB Baseball: Braves at Reds Post Post MLB Baseball NCIS Å Law & Order Law & Order Law & Order } › Good Luck Chuck Funny Videos Funny Videos MLB Baseball: Cubs at Rockies News South
8651 8182 8181 8650 8180 8192 8183 8190 8184 8185
Flashpoint
News News Flashpoint News 20/20 (N) News 20/20 (N) News Praise the Lord Å News Sein Richard Need News Ac TMZ Globe Tavis News Earl Fam
Letterman Late Jay Leno Late Letterman Late Night J. Kimmel Night J. Kimmel Place Frien Frien Jim World C. Dr. Oz Show Cheat World Charlie Rose Office Office 70s
CABLE CHANNELS
A&E BET COM CNN DISC ESPN ESPN2 FNC FSCR FX FXM HALL HGTV HIST LIFE NICK SPIKE SYFY TBS TCM TLC TNT TOON TS USA WGN-A
23 17 46 27 24 25 37 15 20 36 38 16 29 43 35 40 44 45 30 42 28 19 14 33 32 -
118 124 107 200 182 140 144 205 137 133 187 112 120 108 170 168 122 139 132 183 138 176 437 105 239
PREMIUM CHANNELS
MAX ENC HBO SHO STARZ
510 520 500 540 530
310 340 300 318 350
512 526 501 537 520
} › Cyborg (‘89) } ›› Scooby-Doo } ››› Taken (‘08) CoNaked Lust Rev.-Nerd } › Fired Up (‘09) :35 } ›› Reign of Fire Pineapple Express Mummy Count } ›› Terminator Salvation True Blood Hung Neis Public } What Just Happened? Real L Word Teller Teller Real L Word Teller Pun 6:35 } Sex Drive } Zombieland (‘09) Pillars Underworld Pillars
Solitary man reaches out Dear Abby: I’m a gay 44-year-old man with self-esteem problems. I have never seen myself as worthy of affection, and I don’t consider myself attractive. I have never been in a relationship, and no one outside of my family has ever said “I love you” to me. I have recently tried to come out of my shell. As a result, the network of people I associate with has tripled — and I think that has compounded my problem. Aside from parties where everyone is invited, I never hear from any of these people. I have only a couple of good friends, people I can talk to. How do I break the cycle and start feeling good about myself? I’m tired of being lonely all the time. —Lonely Dear Lonely: One way to stop feeling lonely is to give yourself less time to feel that way. Because you are unemployed and have the time, volunteer some of it. Find a nonprofit that helps homeless gay youth or senior citizens — or, because the political scene is heating up, the party of your choice. And while you’re at it, contact a gay and lesbian center and ask what kind of counseling services it offers, because your problems predate your unemployment. There is help available in your city. Once you understand why you feel “unworthy of affection” you’ll be able to improve
Dear Abby Abigail van Buren
your self-esteem. There are better days ahead. Dear Abby: My office was relocated recently, a bit farther away from home than the old one. My new commute involves riding public transportation and then a shared shuttle van. One of my co-workers, “Phil,” rides the same shuttle. He always waits for me to get off the shuttle so he can walk with me to the office. He seems nice enough and well-meaning, but my mornings are my time to prepare myself for the day. He also occasionally touches my arm, which makes me uncomfortable. What do I do? Tell Phil I don’t want to walk with him? Walk faster? Go in later? — Uncomfortable Dear Uncomfortable: Tell Phil that as you walk to the office you meditate. Explain that when he talks to you or touches you it’s distracting, so you would prefer that he go on ahead. It’s the truth, and he should accommodate you.
Radon found in rec room Dear Dr. Gott: After 14 years of using our finished basement rec room on a daily basis, I have discovered the presence of radon gas. The level ranges between 6 and 7. To disassemble the room is far too costly on our retirement income. Recent lung X-rays are OK, so what is our risk of cancer after all these years of daily exposure? Dear Reader: Radon is a radioactive gas that comes from the breakdown of uranium. It is found in almost all soils and permeates the air we breathe. It moves through the ground and into buildings and water supplies through cracks or holes in foundations and solid floors, through gaps in suspended flooring, around service pipes and through walls. It can enter through well water. Once inside a building, the radon is trapped and builds up to unhealthy levels. It can be found in schools, offices, homes and public buildings. Radon can’t be seen, tasted or smelled, yet reports indicate it causes lung cancer, killing thousands of people every year.
Puzzle
Ask Dr. Gott Dr. Peter M. Gott Radon in the air is measured in picocuries per liter (pCi/L) of air. While ANY amount of this radioactive gas is bad, the average level in homes across the United States is 1.3 and 0.4 in outside air. Nearly one in every 15 homes in the United States is estimated to have high levels. A level ranging from 6 to 7 definitely requires attention. To begin with, I wouldn’t take one sample test result as gospel. Have a second test to verify the accuracy of your first reading. Then have your water tested. Radon isn’t generally a problem when the source is surface water. The problems result when the source is groundwater or generates through a public water supply that uses groundwater.
IN THE STARS Your Birthday, July 30; Don’t waste your time where another is calling the shots without input. LEO (July 23-Aug. 22) - You’re not likely to have much patience. VIRGO (Aug. 23-Sept. 22) - This is not likely to be one of your better days financially. LIBRA (Sept. 23-Oct. 23) - Usually optimistic, today your outlook can be a bit on the dark side. SCORPIO (Oct. 24-Nov. 22) - Avoid getting in way over your head. SAGITTARIUS (Nov. 23-Dec. 21) - Before accepting a social invitation, make certain the group doesn’t include someone you’ dislike. CAPRICORN (Dec. 22-Jan. 19) - There are times when you can see nothing but the dark side. AQUARIUS (Jan. 20-Feb. 19) - Rather than ask what might be wrong look for an accurate assessment. PISCES (Feb. 20-March 20) - This can be a precarious day for you when it comes to your finances. ARIES (March 21-April 19) - It might be impossible for you to move forward. TAURUS (April 20-May 20) - Not attending to your duties will put you behind. GEMINI (May 21-June 20) - Don’t try to manage things for others. CANCER (June 21-July 22) - Goals can be achieved, but not without a struggle.
2B — The Daily Courier, Forest City, NC, Friday, July 30, 2010
A
NNOUNCEMENTS
0107
Special Notices
Trip to Cherokee Casino July 31st. Call if interested Rays Transport 286-2009 e-mail raystransport@hotmail.com
0142
0151 Garage/Estate Sales
BIG SALE 5370 US 64 74A Hwy, 11 miles West of Rfdtn Sat. 7A-until Antique furniture, glassware, household/farm items & collectibles, books, DVD's/CD's, dolls, toys
Ellenboro: 566 Dobbins Rd., Sat., 7A-until. Household items, furn., misc.
BIG YARD SALE FC: 516 Smith Grove Rd. Sat. 7A-until Name brand clothes (toddler-adult) & lots more!
Lost
Big Yard Sale: Spindale, Country Cafe, Oakland Rd. across from Duke Energy, Sat. 6:30A-1P. Household goods, books, misc items
M Gray Toy Poodle wearing black diamond studded collar Lost 7/17 near KFC & Bethany Church Rd. 248-3135 lv msg Missing from Holly Springs Area 7/19. German short-hair Pointer, liver and white. No collar. Call 828-245-9864
ESTATE SALE Rfdtn: Furniture, appliances, motorized wheelchair, lawn equipment and lots more! Call 828-289-1263 or 828-287-0028 for info
Reward! Australian Blue Heeler, Broad River Bridge, Hwy. 221. Last seen 7/25. No collar. Very friendly. 245-6359
0149
0151 Garage/Estate Sales
FC: 291 McDade Rd. (off Oakland Rd.) Sat. 6:30A-until Furniture, T.V., clothes and much, much more! Earlybirds welcome!
Found
FOUND in FC small mix brown and white Chihuahua, female. Call 248-2168
HUGE 3 FAMILY Ellenboro: 548 Piney Mountain Church Rd. Fri. 4P-8P & Sat. 7A-until Electric guitar, weights & bench, new & like new kids-plus size clothes, lots more!
White & gray pigeon with orange band on leg. Found about a week ago in Gilkey area. 828-223-3190
HUGE 4 FAMILY YARD SALE FC: Parking lot of Chase Corner Ministries Saturday 7A-until A little bit of everything!
G
ARAGE /ESTATE SALES
Huge multi-family: FC, beside Hardee's on Broadway at Water's Florist Sat. 7A-until. Clothes, bake sale items, toys, tools, household items
0151 Garage/Estate Sales 2 Family Rfdtn: 472 Bob Hardin Rd. Sat 8-12 baby stuff some, furniture and lots more!
HUGE Raleigh Ledbetter Rd. (off Ellenboro/Henrietta Rd.) Fri. 5P-8P & Sat. 7A-until Men's/women's clothes, household. Good stuff! Rain or shine!
2 FAMILY Rfdtn: 64/74 West, past Scoggin's in Jamesfield Sub Wed., Thurs. & Fri. 9A-5P Furniture, girls clothing 0-24mo., etc.
NOTICE TO CREDITORS Having qualified as Administrator of the estate of JOHNNY LESTER LEDBETTER, of Rutherford County, North Carolina, this is to notify all persons having claims against the estate of the said JOHNNY LESTER LEDBETTER to present them to the undersigned on or before the 7th day of October, 2010 or the same will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment. This is the 9th day of July, 2010. Caleb J. Farmer Administrator P.O. Box 632 Rutherfordton, NC 28139
Huge: Yard Sale, FC, 158 South Ridge Dr., Fri. & Sat. 6A-1P. Call James for directions. 828-305-5228 Multi-family: Rfdtn. Azalea Dr. Sat. 7A-Noon. Furn., childrens' clothes, toys, and lots of other good stuff Rfdtn: 914 Old Hwy 221 Fri. & Sat. 10A-until Due to illness: $1800 invoice lumber, sacrifice for $400, approx. 100 yr. old pedestool sink w/original hardware, tools, fishing gear, iron skillets, weed eaters, 200 lb. pig. Flea market dealers welcome! Monday & Tuesday, all prices reduced! Shiloh: 500 Cleghorn Mill Rd., behind Shiloh Baptist Ch., Sat. 8A-until. Yard sale items, antique items, wood heater YARD SALE & CAR WASH First Wesleyan Church 700 South Church St. Sat. July 31st 7A-2P 828-245-5460 Breakfast Biscuits $1.00
YARD SALE/BAKE SALE Old K Mart parking lot Saturday, 7/31, 6A-until. CAR WASH at Father's Vineyard, Oakland Rd. 8A-12P
E
MPLOYMENT
0208
Sales
Sunset Memorial Park now hiring Sales Counselor Exp. helpful, not necessary. Must be neat in appearance and have own transportation. Salary plus commission plus bonus. Call George 864-313-7660
0212
Professional
Families Together Inc. seeking provisional or licensed therapist to provide Intensive In Home Services to the community of Rutherford County. Flexible schedule, rotating on call, ability to work from home, salary and benefits. Please email resume to humanresources@ familiestogether.net or visit our website @ www.familiestogether.net
North Carolina, Rutherford County NOTICE OF FORECLOSURE SALE 10 SP 266 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Christina R. Mull, Unmarried Woman to William R Echols, Trustee(s), which was dated June 26, 2002 and recorded on July 3, 2002 in Book 0678 at Page 0684, Rutherford 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 August 3, 2010 at 3:00PM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: Situate, lying and being in Green Hill Township, Rutherford County, North Carolina, and being the same and identical property as described in deed recorded in Deed Book 799, Page 67, Rutherford County Registry, and being described in said deed as follows: Being all of Lot 8, 1.03 acre tract, in the Tranquil Ridge Subdivision as shown on Plat recorded in Plat Book 23, Page 73, Rutherford County Registry, and to which reference is hereby made for a more full and complete description. Subject to restrictions recorded in Deed Book 798, Page 793, Rutherford County Registry. Save and except any releases, deeds of release or prior conveyances of record.
0232
General Help
Cabinet Shop Position: Individual must have 5 years exp. building, finishing & installing. HIGH-END Custom Cabinets. Must have valid NC driver's license. Call Mon-Fri. 828-245-2440
0244
Trucking
This is what our drivers average pay per week! Plus: *WEEKLY Home Time *APU Equipped * NO NYC * No Touch Freight
Call 800-968-8552 Truck Service, Inc. Forest City, NC
Office Help
BUSINESS OFFICE MANAGER Strong A/R req'd with Medicare, Medicaid, pvt insurance billing & collections @ long term care facility. Min. 2 yrs exp. Organizational, leadership & interpersonal skills a must. FT with excel. benefits. Qualifieds apply at Willow Ridge Rehabilitation & Living Center, 237 Tryon Rd, Rfdtn, NC. In person or send ltr, resume, refer. via fax (828) 287-3668 or email to admin@willowridge rehab.com EOE
0264
Child Care
TEACHER Full time, first shift. Credentials + 12 Edu. credits. Apply at Little Red School, 319 S. Broadway, Forest City
0268
R
ETS
0320
EAL ESTATE FOR RENT
Cats/Dogs/Pets
Free to a good home Mountain Fiest Mix Puppies 8 wks. old. Call 453-9921 after 6pm, if no answer lv. msg.
F
ARM
$1,225
0248
P
Part-time Employment
Wanted: Determined applicants for Security Officer positions in the Rutherfordton area. Part Time and variable part time openings currently available. Applicants must have no criminal record, have dependable transportation, have dependable telephone communications, be willing to work where and when needed, and possess a sincere desire to do a professional job. Previous security experience preferred, yet not mandatory. Be part of a winning team! Contact Kim Parks, District Manager, Spartan Security, at (864) 494-2532
0410
Farm Market
Watermelons for sale $2, $3, or $4 Salem Church Rd. 453-0396
M
ERCHANDISE
0533
Furniture
Lazy Boy burgandy leather recliner chair. 828-287-2085 Must Go! Matching blue velvet sofa (7'), loveseat (5'), Trad. style, excel. cond. Cocktail/end table, Trad. style, storage space, round end table, all good cond. 828-248-1169 Solid Oak four posted twin bed, $125. Very good cond. Call 828-289-4066 Twin bed. Maple w/medium stain. Real wood, very nice. $125. 828-429-1391
0542
Building Materials
472 SQFT OF LAMINATE FLOORING STILL IN BOXES. Natural hickory plank. Made by Quickstep, 30 yr. warranty, 5 day water guarantee. Paid $1773 - $3.47 sqft., willing to sell for $1,000. Contact Jeremy 704-477-5857
0554 Wanted to Rent/Buy/ Trade Junk Cars Wanted Paying $200 per vehicle. Call Jamie Fender (828) 286-4194 Want to buy a KitchenAid mixer. Call 828-223-6130
0563 Misc. Items for Sale Adult wheelchair Good condition $50 828-286-1980
Battery powered electric heavy duty wheelchair. Like new! $900 Call 828-286-1980
0610
Unfurnished Apartments
Central air & heat, in-unit washer and dryer. Tile kitchen floor, balcony. Well located unit in a classic brick quadplex at 433 E. Main St., FC. Detached storage unit. 2BR/1BA. $475. 828-447-3233
Forest City, Main St.
convenience. Walk to new eateries & upcoming shops. 1 & 2BR avail. Starting at $380. Call for details. Arlington Ridge, 247 Arlington St. 828-447-3233
0620
Homes for Rent
5 BR/1.5 BA, 2 story, best neighborhood in Spindale, lg. porch, outdoor storage/ workshop, cen. air, $700/mo. 828-201-0851 Beautiful 2BR/1BA cottage on 3.5 ac. Lg. eat in kitchen, lg. LR $500/mo. 704-376-8081 Brick 3 bedroom home Central gas heat and air Large rooms, garage, laundry room in partial basement, fenced back yard. Within walking distance to town and shopping. Excellent family home. $795/mo. Rentals Unlimited 245-7400 Green Hill: 3BR/2BA 7 min. from downtown Rfdtn, beautiful lot, many updates, smoke free. Outside pet o.k. 6-12 mo. lease. $800/mo. incld. utilites. $700 security Background check. Call 423-521-3614 or 828-606-1802
0635
Rooms for Rent
Looking for housemate. Large 3BR/1BA house, LR/DR, kit. FC area. Call 245-9662 for more info. 2BR & 3BR Mobile Homes in Chase area. $70-$95/per week. No pets! Call 429-6691 2BR/1BA $150/mo. in exchange for help with elderly man. Ref's. Call 245-1552 2BR/1BA on private lot in Ellenboro area. $450/mo + dep. Call 828-248-1681
North Carolina, Rutherford County AMENDED NOTICE OF FORECLOSURE SALE 09 SP 341 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Geraldine V. Munsayac aka Geraldine Munsayac to PRLAP, Inc., Trustee(s), which was dated September 6, 2007 and recorded on September 7, 2007 in Book 975 at Page 475, Rutherford 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 August 10, 2010 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: Being All Of Lot 22 as shown on survey by R. L. Greene, PLS entitled GreyRock Subdivison Phase 1A as recorded in Plat Book 25 at Page 166 renumbered in Plat Book 25, Page 189, said plat being one of a series of plats recorded in Plat Book 25, Page 165 through Page 169 being renumbered in Plat Book 25, Pages 188 through 192 of the Rutherford County, NC Registry, reference to said recorded plats being made for a more particular description of said Lot. Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as: 136 Kankel Drive, Rutherfordton, NC 28139
Said property is commonly known as: Lot 22 (1.81 acres) on Buffalo Shoals Road, (Grey Rock Subdivision), Lake Lure, NC 28746
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.
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 Christina R. Mull.
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 Thee 22 Grey Rock Trust.
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.
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.
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 File No. 10-12361-FC01, 724351 7/23, 07/30/2010
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 File No. 09-16245-FC01, 725470 7/30, 08/06/2010
The Daily Courier, Forest City, NC, Friday, July 30, 2010 — 3B NOTICE TO CREDITORS Having qualified as Executor of the estate of MILDRED P. MCDANIEL of Rutherford County, North Carolina, this is to notify all persons having claims against the estate of the said MILDRED P. MCDANIEL to present them to the undersigned on or before the 23rd day of October, 2010 or the same will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment. This is the 23rd day of July, 2010. Donald Shane Byers, Executor 3864 Hollis Rd. Ellenboro, NC 28040
NOTICE OF DISCHARGE OF UNTREATED SEWAGE The Town of Lake Lure had a discharge of untreated wastewater from our wastewater collection system pump station, located at 186 Memorial Hwy of approximately 300,000 gallons. The discharge occurred on 07/25/10 for approximately 15 hours. The untreated wastewater entered the Broad River of the Broad River Basin. The pump station was repaired to prevent further discharge. This notice was required by North Carolina General Statues Article 21 Chapter 143.215.C. For more information contact Town Manager Chris Braund at 828-625-9983, ext. 101.
0675
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NOTICE TO CREDITORS Having qualified as Co-Executors of the estate of FRANCES HOWELL aka FRANCES SUE HOWELL aka FRANCES H. HOWELL of Rutherford County, North Carolina, this is to notify all persons having claims against the estate of the said FRANCES HOWELL aka FRANCES SUE HOWELL aka FRANCES H. HOWELL to present them to the undersigned on or before the 16th day of October, 2010 or the same will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment. This is the 16th day of July, 2010.
704-806-6686
3BR/2BA, Sunshine area. Central h/a, great location, $450/mo. Call 828-289-3933
R
EAL ESTATE FOR SALE
Brenda H. Plumley, Co-Executor 136 Sea Trail Dr. Mooresville, NC 28177
0710
Notice is hereby given that a public hearing will be held by the Lake Lure Town Council at the Lake Lure Municipal Center on the 10th day of August, 2010, at 7:00 pm or shortly thereafter, for the purpose of considering Ordinance No. 10-08-10, an ordinance drafted in response to Petition No. RZ2001001, a request by the Town of Lake Lure to rezone approximately 3.4 acres from the R-2 General Residential Zoning District to the GU-Government Use Zoning District. The property to be rezoned includes: 1.) The R-2 zoned portion of property identified in the Rutherford County tax records by Tax PIN 1608101 owned by the Town of Lake Lure, and 2.) Property identified in the Rutherford County tax records by Tax PIN 1617929 owned by Duke Energy Corporation. The General Residential District is established as a district in which the principal use of land is for residential purposes. The GU Government Use zoning district was established as a district in which the principal use of land is for government activities related to public usage and where the government owns such land.
Homes for Sale
3BR/2BA DW on 1 acre Close to Duke Power Plant $62,500 Owner financing with DP! Call 657-4430
Robert R. Howell, Co-Executor 158 Colonial Heights Lane Statesville, NC 28625
Notice of Public Hearing Proposed Amendment to the Zoning Map Town of Lake Lure, North Carolina
Mobile Homes for Rent
White Oak Manor - Shelby
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0741
Trade Your Home Any Size or Shape Get A New Home 704-481-0895 Two mobile homes for sale owner financing on leased lot. $29,900 ea. with DP. Call 828-657-4430 You Own Land or Family Land We Can Help You Purchase a New Home. 704-484-1640
0754
Commercial/Office
FREE STANDING BLDG 1800 sqft. Chimney Rock Rd., Rfdtn. $165K 828-287-0779
T
RANSPORTATION
0820
Campers/Trailers
2007 Hornet Camper, good cond., bought new. 28', sleeps 7-8. Call 828-657-4166 Complete camping pkg.: 98 Silverado Duly w/04 Golf Stream Supreme 5th wheel w/full slide, all amenities. Priced to sell! Call 248-9842
0832
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1997 CBR 600F3 24K miles, Yoshimura full exhaust. Garage kept, needs someone to ride! $2,800 Call 704-300-6632 2007 Honda CVR 600RR, blue, take up payments. Call 828-748-3854
0864
The public is advised that it has the right to appear at said public hearing and testify with regard to the proposed amendment. Petition No. RZ2010001 is on file in the Community Development Department for review by interested parties.
Mobile Homes for Sale
Pickup Trucks for Sale
2001 Ford F-250 Super Duty Crew Cab 4x4 w/7.3 diesel V8. Auto with cold air. $9,500 Call 828-447-0390
0872
STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD
Classic/Sports/ Collector Cars
1973 Jeep Commando Recently restored inside & out. $3,500 Call 828-429-1391
GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 280
Sell your auto in the Classifieds! 3 lines, 12 days Only $19.99
IN RE: Foreclosure of Real Property Under Deed of Trust from TIMOTHY J. MCCARTHY AKA TIMOTHY MCCARTHY, in the original amount of $360,000.00, payable to BANK OF AMERICA, N.A., dated February 1, 2008 and recorded on February 5, 2008 in Book 994 at Page 161, Rutherford County Registry Brock & Scott, PLLC, Substitute Trustee NOTICE OF SERVICE OF PROCESS BY PUBLICATION To: Timothy J McCarthy aka Timothy McCarthy, The 430A Grey Rock Trust (through Ronald Berg, Trustee) Property Address: Lot 430 High Windy Drive, Lake Lure, NC 28746
NOTICE OF FORECLOSURE SALE FILE NO. 10-SP-072
1. YOU ARE HEREBY NOTIFIED that the Clerk of Superior Court of Rutherford County shall conduct a hearing pursuant to North Carolina General Statutes §45-21.16 with respect to the foreclosure of certain real property hereinafter set forth. The above hearing shall be conducted on September 8, 2010 at 3:00PM at: Rutherford County Clerk of Court 229 North Main Street, Rutherfordton, NC 28139. 2. The name and address of the current holder of the above-described Deed of Trust and the indebtedness secured thereby is: Bank of America, N.A., 475 Crosspoint Parkway, Getzville, NY 14068. 3. The Holder has instructed the said Substitute Trustee who has been appointed in a duly recorded instrument in the above-described Deed of Trust to institute foreclosure proceedings, pursuant to the power of sale contained therein, because of default in the failure to make payments of principal and interest under the Promissory Note secured by said Deed of Trust. 4. The Holder has accelerated the maturity of the debt secured by the above-described Deed of Trust. 5. You have the right in accordance with North Carolina General Statutes Section 45-21.20 to terminate the power of sale being exercised in this foreclosure proceeding if you pay in full, or tender payment in full, the indebtedness secured by the Deed of Trust and the expenses incurred in this matter prior to the sale or prior to the expiration of the time for submitting any upset bid after sale or resale has been held. You also have the right to cure the default if allowed by the Deed of Trust. 6. The date and time of foreclosure sale will be on the September 29, 2010 at 1:30PM and the place of sale will be the Rutherford County Courthouse, at the courthouse door of the county courthouse where the property is located, or the usual and customary place where foreclosure sales are customarily held. You will be notified of any change in the hour, date and place of sale. The real property secured by the abovedescribed Deed of Trust is located in the County of Rutherford, State of North Carolina, and is more particularly described as follows: BEING all of LOT 430, Phase 3A as shown on subdivision plat for GREYROCK AT LAKE LURE SUBDIVISION PHASE 3A recorded in Plat Book 26, at Page234, said plat being one of a series of plats recorded in Plat Book 26, Pages 231 through 234, revised in Plat Book 27, Pages 147 through 150 all of the Rutherford County, NC Registry, reference to said plats being made for a more particular description of said lot. Save and except any releases, deeds of release or prior conveyances of record. Said Property is commonly known as Lot 430 High Windy Drive, Lake Lure, NC 28746. 7. Any right of the debtor to pay the indebtedness or cure the default if such is permitted. 8. The Holder has confirmed in writing to the person giving the notice, or if the Holder has given the notice, the Holder has confirmed in the notice, that within 30 days of the date of the notice, the debtor was sent by First Class Mail at the debtor’s last known address a written statement of the amount of principal and interest that the Holder claims in good faith is owed as of the date of the written statement, a daily interest charge based on the contract rate as of the date of the statement, and the amount of other expenses the Holder contends it is owed as of the date of the statement. 9. The Holder, or the servicer acting on the Holder’s behalf, has confirmed in writing to the Substitute Trustee giving this notice that to the knowledge of the Holder, or the servicer acting on the Holder’s behalf, within the two years preceding the date of this notice, the debtor has not sent any “written requests for information regarding a dispute or error involving the debtor’s account” (per NCGS 45-93) to the Holder or servicer. 10. You have the right to appear before the Clerk of Superior Court for Rutherford County at this hearing at which time you shall be afforded the opportunity to show cause as to why the foreclosure should not be allowed to proceed. 11. If the debtor does not intend to contest the creditor’s allegations of default, the debtor does not have to appear at the hearing and that the debtor’s failure to attend the hearing will not affect the debtor’s right to pay the indebtedness and thereby prevent the proposed sale, or to attend the actual sale, should the debtor elect to do so. 12. The Trustee, or Substitute Trustee, is a neutral party and, while holding that position in the foreclosure proceeding, may not advocate for the secured creditor or for the debtor in the foreclosure proceeding. 13. The debtor has the right to apply to a judge of the superior court pursuant to G.S. 45-21.34 to enjoin the sale, upon any legal or equitable ground that the court may deem sufficient prior to the time that the rights of the parties to the sale or resale become fixed, provided that the debtor complies with the requirements of G.S. 45‑21.34. 14. The debtor has the right to appear at the hearing and contest the evidence that the clerk is to consider under G.S. 45‑21.16(d), and that to authorize the foreclosure the clerk must find the existence of: (i) valid debt of which the party seeking to foreclose is the Holder, (ii) default, (iii) right to foreclose under the DOT, (iv) notice to those entitled to notice, and (v) that the underlying mortgage debt is not a subprime loan as defined in G.S. 45‑101(4), or if the loan is a subprime loan under G.S. 45-101(4), that the pre-foreclosure notice under G.S. 45-102 was provided in all material respects, and that the periods of time established by Article 11 of this Chapter have elapsed, then the clerk shall authorize the mortgagee or Trustee to proceed under the instrument, and the mortgagee or trustee can give notice of and conduct a sale pursuant to the provisions of this Article. 15. If the debtor fails to appear at the hearing, the Substitute Trustee will ask the clerk for an order to sell the Property being foreclosed. 16. The debtor has the right to seek the advice of an attorney and that free legal services may be available to the debtor by contacting Legal Aid of North Carolina or other legal services organizations. 17. If the foreclosure sale is consummated, the purchaser will be entitled to possession of the Property at the time of the delivery of his/her Deed, and if the prior record owner is still in possession at that time, that owner can be evicted. 18. The name and address of the Substitute Trustee are listed below. 19. You should keep the Substitute Trustee or Holder notified in writing of your address so that you may be mailed copies of the Notice of Sale setting forth the terms under which the sale will be held, as well as notice of any postponements of such sale or Notice of Resale. 20. The hearing may be held on a date later that that stated in this Notice of Hearing, and you will be notified of any change in the hearing date. 21. The subject Property shall be sold by the Substitute Trustee or his agent at the usual and customary place designated for such sales at Rutherford County Courthouse, at a specified time and date, should this obligation not be earlier satisfied. 22. As defined by §45‑101(4), the subject loan is a non-subprime loan and is not subject to additional notices as required by G.S. 45-102 and G.S. 45-103. 23. Irrespective of the requirements outlined in paragraph 22, the Substitute Trustee has confirmed that the notice required by G.S. 53‑243.11(21) has been complied with. IN ACCORDANCE WITH THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. If you have received a discharge in a Chapter 7 Bankruptcy, we are aware you are not personally obligated for this debt. Please be advised that these notices are required for foreclosure in this state.
Under and by virtue of the power of sale contained in that certain Deed of Trust executed by David W. Odom, Heidi Odom, and Odom & Associates Engineering, Inc. to MTNBK, LTD. Trustee, dated January 8, 2008 and recorded in Book 991 at Page 173 and re-recorded in Book 1016 at Page 831 in the Rutherford 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 having been substituted as trustee in said Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, 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 Rutherford County courthouse door in the City of Rutherfordton, Rutherford County, North Carolina, on August 6, 2010, at 2:30 p.m. and will sell to the highest bidder for cash the following real estate:
Respectfully submitted on: 07 / 21 / 2010.
This the 1st day of July, 2010.
Sustitute Trustee Brock & Scott, PLLC, Jeremy B. Wilkins, NCSB No. 32346, 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 Fax: (910)391-8587 728712 7/30, 8/6, 08/13/2010
Lance P. Martin For WASLAW, LLC Substitute Trustee BB&T Building, Suite 1403 1 West Pack Square Asheville, NC 28801 Telephone: (828) 333-9471
Generally described as certain real property, with any and all improvements thereon, located in Rutherford County, North Carolina, and being more particularly described as follows: Situate lying and being in the Town of Forest City, Cool Springs Township, Rutherford County, North Carolina and being bounded on the North by East Main Street and on the East by South Powell Street and on the West by the lands of James S. Butler and wife, as evidenced by Deed recorded in Deed Book 431 at Page 659, Rutherford County Registry, and being described by metes and bounds as follows: BEGINNING at a point on the southern edge of the sidewalk of East Main Street, said beginning point being the North east corner of the James S. Butler and wife, property as described in Deed Book 431, Page 659, Rutherford County Registry and running thence South 75° 03 minutes 43 seconds East 29.10 feet to an iron pin in the western margin of the sidewalk of South Powell Street; thence running with the western margin of the sidewalk of South Powell Street South 06° 27’ 17” West 95.97 feet to a point in the concrete and near the southern edge of the asphalt alley; thence running with the southern edge of the asphalt alley North 75° 01’ 09” West 43 feet to a point, same being near the common line of James S. Butler; thence crossing said asphalt alley and running with the party wall of the Butler property North 14° 46’ 57” East 94.89 feet to the point and place of BEGINNING and containing 0.08 acres according to metes and bounds survey by Professional Surveying Services, dated September 11, 1995, under map # 16527-L, to which reference is hereby made for a full and complete description. The above-described property contains that certain building formerly known as the old Northwestern Bank Building. Being the same property as described in that deed dated January 23, 1998, from Allen Rice and wife, Elaine Rice to James E. Armstrong and wife, Diane V. Armstrong recorded in Deed Book 704, Page 562, Rutherford County Registry, to which deed reference is hereby made. AND BEING the same property as described in and conveyed by that certain deed of trust dated January 8, 2008, from Odom & Associates Engineering, Inc., a North Carolina Corporation, which is recorded in Rutherford County Deed Book 991 at Page 165 and re-recorded in Book 1016 at Page 831. The current property Owner is David W. Odom. The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners’ association assessments unfiled, prior mechanics’ and materialmen’s liens and prior liens or encumbrances of record against the said property and any recorded releases. 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 representatives of either the Trustee or the holder of the Note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee’s Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds 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 may remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale. 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. In accordance with N.C.G.S. 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, 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. 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.
4B — The Daily Courier, Forest City, NC, Friday, July 30, 2010 IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION RUTHERFORD COUNTY 10 SP 297 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DONALD RAY KENNEDY AND PEGGY JANE KENNEDY DATED MARCH 12, 2007 AND RECORDED IN BOOK 946 AT PAGE 543 IN THE RUTHERFORD 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 1:30 PM on August 4, 2010 the following described real estate and any other improvements which may be situated thereon, in Rutherford County, North Carolina, and being more particularly described as follows: Beginning at a PK nail in the center of Highway No. 64 at the intersection of the center line of said highway with the center line of Young Drive, and runs thence from the beginning and with the center of Highway No. 64 South 36 degrees 03 minutes 02 seconds West 114 feet to a point; thence leaving the road a new line North 58 degrees 04 minutes 51 seconds West, passing through a nail or railroad spike at 30 feet, a total distance of 205.42 feet to an iron pin; thence another new line North 33 degrees 25 minutes 27 seconds East 212.74 feet to an iron pin; thence another new line South 53 degrees 49 minutes 43 seconds East, passing through an iron pin at 184.40 feet, a total distance of 214.63 feet to an iron pin in the center of highway No. 64; thence with the center of Highway No. 64 South 36 degrees 03 minutes 02 seconds West 83.27 feet to the beginning, containing 0.99 of one acre, more or less.
North Carolina, Rutherford County AMENDED NOTICE OF FORECLOSURE SALE 10 SP 51 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Maryann Ann Tocco aka Mary Ann Tocco unmarried to PRLAP, Inc., Trustee(s), which was dated May 24, 2006 and recorded on May 24, 2006 in Book 900 at Page 817, Rutherford 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 August 10, 2010 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: Being All of Lot 504 as shown on survey by R.L. Greene, PLS entitled “GreyRock Subdivision” Phase 3 B as recorded in Plat Book 26 at Page 236, said plat being one of a series of plats recorded in Plat Book 26 Page 235 through 242 of the Rutherford County, NC Registry, reference to said recorded plats being made for a more particular description of said Lot 504. Together With And Subject To all easements, restrictions and rights of ways of record and a non-exclusive appurtenant easement for ingress egress and regress is conveyed over and upon all private subdivision roads for GreyRock at Lake Lure as shown on the above-described plats and the plats for Phase 1A and 1B, Phase 2A and 2B, of Greyrock and the Covenants, Conditions and Restrictions for GreyRock at Lake Lure as recorded in Book 858, at Page 122 of the Rutherford County, NC Registry and also recorded in Book 3827, Page 764 of the Buncombe County NC Registry (herein “Declarations”). Being a portion of that property conveyed to LR Buffalo Creek, LLC a Georgia limited liability company by deeds recorded in Book 855, Page 816 of the Rutherford County, NC Registry and in Book 3793, at Page 665 of the Buncombe County, NC Registry. Save and except any releases, deeds of release or prior conveyances of record.
And Being more commonly known as: 235 US 64 Hwy, Rutherfordton, NC 28139 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Donald Ray Kennedy and Peggy Jane Kennedy. 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. 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 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is July 14, 2010. /s/____________________________ Grady I. Ingle Or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 10-004998
Said property is commonly known as: Lot #504 Bryce Trail (Grey Rock Subdivision), Lake Lure, NC 28746. 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 Homie Land, LLC. 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 File No. 10-00813-FC01, 725491 7/30, 08/06/2010
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NORTH CAROLINA, RUTHERFORD COUNTY NOTICE OF FORECLOSURE SALE 10 SP 300
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Kathleen M. Stegman to PRLAP, Inc., Trustee(s), which was dated July 30, 2007 and recorded on July 31, 2007 in Book 969 at Page 382, Rutherford 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 August 10, 2010 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: All that certain lot or parcel of land situated in Morgan Township, Rutherford County, North Carolina, and more particularly described as follows: Being Lot Number 18 of Queen’s Gap, Phase I, as described more fully in Plat recorded in Plat Book 27, Pages 280-292, (“the Plat”), Rutherford County Registry, subject, however, to Plat entitled “Re-Subdivision of a Portion of Queen’s Gap, Phase I” recorded in Plat Book 28, page 77, Rutherford County Registry, to which plat reference is hereby made for a more full and accurate description. Subject to Declaration of Covenants, Conditions, and Restrictions for Queen’s Gap as recorded in Book 917, Page 402442, Rutherford County Register of Deeds and recorded in Book 891, Page 624-664, McDowell County Register of Deeds, and any amendments and supplements thereto. Subject to all matters shown on subdivision plat of Queen’s Gap, Phase I, as recorded in Plat Book 27, Pages 280292, Rutherford County Register of Deeds, and Plat Book 13, Pages 60-72, McDowell County Register of Deeds, hereinafter referred to as “the Plat” and subject to Plat entitled “Re-Subdivision of a Portion of Queen’s Gap, Phase I” recorded in Plat Book 28, page 77, Rutherford County Registry. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as: Lot 18 Cian Drive, Rutherfordton, NC 28139 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 Kathleen M Stegman. 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 File No. 10-02788-FC01, 726827 7/30, 08/06/2010
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE: 09 CvD 1129 Town of Spindale, Plaintiff, v. Ernest H. Hamilton, Defendant, The County of Rutherford, Defendant Lienholder, and Calvin and Harriette Green, Defendant Lienholders. NOTICE OF SALE Under and by virtue of the order of the Clerk of Court of Rutherford County, North Carolina, made and entered in the action entitled “The Town of Spindale v. Ernest H. Hamilton, et al.” The undersigned commissioner will on the 3rd day of August 2010 offer for sale and sell for cash to the last and highest bidder at public auction, on the steps of the Rutherford County Courthouse located on Main Street, Rutherfordton North Carolina 28139 at 10:00 am. The following described real property lying and being in the town of Spindale, State and County aforesaid and particularly described as follows: Situate, lying and being in Spindale, Rutherford County, North Carolina, being that same property conveyed to Ernest H. Hamilton from Harriette and Calvin Green by deed dated May 22, 1997 of record in Deed Book 691 Page 347, Rutherford County Registry and being mare particularly described as follows: Tract One: Situate on the south side of Pennsylvania Avenue in the Town of Spindale adjoining the lands now or formerly of L.H. Thomas, Paul Duncan, and other and being the second tract of land described in a deed from S.B. Scoggins and other to J.W. Culbreth and wife dated February 1, 1937, and recorded in Rutherford County Registry in Deed Book 163 at Page 13 being and more particularly described as follows: BEGINNING at a stake in Pennsylvania Avenue, L.H. Thomas’ corner, and running thence with Pennsylvania Avenue south 64 East 82 feet to a stake in the Cowan line, thence South 24 West 150 feet to a stake in Paul Duncan’s line, thence with his line North 65 West 82 feet to a stake in his line, corner of L.H. Thomas thence with Thomas’ line North 24 East 150 feet to the BEGINNING. Reference is hereby made to deed from J. L. Culbreth and wife to Mrs. W.P. Hardin dated July 3, 134 and recorded in Deed Book 156, Page357, and deed dated April 3, 1935, and recorded in a Deed Book 156 at Page 489 in Rutherford Count Registry. Tract Two: Situate lying and being in the town of Spindale, North Carolina, on the south side of Pennsylvania Avenue and being part of that tract of land deeded in Deed Book 357 at Page 45, Rutherford County Registry and being described by metes and bounds as follow: BEGINNING on an iron pin in the south edge of Pennsylvania Avenue, same being the northwest corner of Paul Cooper’s lot, also shown on Tax Map 17, Block 5, Lot 5, runs thence with the south edge of Pennsylvania Avenue, North 65 West 8 feet to an iron pin, a new corner; run thence a new line South 25 West 150 feet to an iron pin, a new contact into thence with the old line South 65 East 8 feet to an iron pin, the southwest corner of Paul Cooper’s lot; thence with his line, North 25 East 150 feet to the point and place of BEGINNING. The sale shall be made subject to all prior liens, unpaid taxes, restrictions, easements, and covenants of record and assessments, if any. A deposit of five (5%) percent of the successful bid or Seven Hundred Fifty ($750.00) Dollars, whichever is greater, will be required. This is the 7th day of July, 2010. ________________________________________ John B. Crotts, Commissioner Date Posted: ______________________ By: ______________________________
The Daily Courier, Forest City, NC, Friday, July 30, 2010 — 5B North Carolina, Rutherford County
North Carolina, Rutherford County NOTICE OF FORECLOSURE SALE 10 SP 296
AMENDED NOTICE OF FORECLOSURE SALE 09 SP 352
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by John Sprague to Trustee Services of Carolina, LLC, Trustee(s), which was dated January 31, 2008 and recorded on January 31, 2008 in Book 993 at Page 656, Rutherford County Registry, North Carolina.
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Barry Parker, unmarried to PRLAP, Inc., Trustee(s), which was dated August 30, 2006 and recorded on September 5, 2006 in Book 916 at Page 413, Rutherford 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 August 10, 2010 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: Being the Eastern part of the Felix Parada 3-1/2 acre tract as described in Deed Book 396, Page 300, Rutherford County Registry, and lying on the North side of highway No. 74 about 1/8 mile West of Williams Store. Beginning at a point in the center of Highway No. 74, iron pin offset in North margin and said Beginning point being the Southwest corner of Barnes; and runs thence with Barnes line North 23 East 322 feet to iron pin in line of Crayton Proctor; thence with Proctor line North 40 East 120 feet to a new iron pin; thence a new line South 23 West 356 feet to center of Highway No 74; thence with center of Highway No 74, South 76 degrees East 120 feet to the Beginning, containing .7 acres. Being the same property as described in that deed from Felix Parada and wife, Carole G. Parada, to Robert L. Jeffords and wife, Dorothy E. Jeffords (now deceased), recorded in Deed Book 397, Page 665, Rutherford County Registry. Being also the same property which was conveyed by Robert L. Jeffords, Sr., widower, to John Sprague, legally separated (see Decree of Fourteenth Judicial Circuit Family Court, File Number 05-DR-07-588, Beaufort County, South Carolina), by Deed dated January 31, 2008, and recorded in Deed Book 952, Page 614, Rutherford County Registry.
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 August 10, 2010 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: Lying in Chimney Rock Township, Rutherford County, North Carolina: Being all of Lot 126, Phase 1 B as shown on subdivision plat for GreyRock at Lake Lure Subdivision recorded in Plat Book 25, at Page 206, said plat being one of a series of plats recorded in Plat Book 25, Pages 205 through 208, all of Rutherford County, NC Registry, reference to said plat being made for a more particular description of said lot. Together With And Subject To all easements, restrictions and rights of way record and a non-exclusive appurtenant easement for ingress, egress and regress is conveyed over and upon all private subdivision roads for GreyRock at Lake Lure as shown on the above-described plats and to Covenants, Conditions and Restrictions for GreyRock at Lake Lure as recorded in Book 858, at Page 122 of the Rutherford County, NC Registry (hereinafter “Declarations”). Together With And Subject To easements for the installation, repair and maintenance of a community water system as set forth in the Declaration, said water system to consist of a shared system of wells and water line to be installed upon the lots. Each lot is conveyed together with appurtenant easements for all shared water line and wells marking up the water system as the same may or will be installed in the resevered easements areas as set forth on all recorded plats and described in the Declarations. Also Being the same property as described in a Deed recorded in Book 896 at Page 139 of the aforesaid Registry.
Save and except any releases, deeds of release or prior conveyances of record. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as: 4420 US 64 74A Highway, Rutherfordton, NC 28139 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 2009John Sprague. 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 File No. 10-13359-FC01, 726761 7/30, 08/06/2010
IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION RUTHERFORD COUNTY 10 sp 310 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY SANDRA A. LANDRUM DATED JULY 10, 2001 AND RECORDED IN BOOK 635 AT PAGE 618 IN THE RUTHERFORD 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 2:30 PM on August 11, 2010 the following described real estate and any other improvements which may be situated thereon, in Rutherford County, North Carolina, and being more particularly described as follows: TRACT ONE: Situated, lying and being in Cool Springs Township, Rutherford County, North Carolina, and being more particularly described by metes and bounds as follows: BEING Lot Numbers 10 and 11 in Block “B” of the J.F, Weathers Subdivision in the Town of Forest City, North Carolina, a plat of said subdivision being duly recorded in Plat Book 117, Page 390, Rutherford County Registry, and reference to which is hereby made for full and complete description. AND being the same property conveyed to Elin Francen Blanton, single, by Ella Frances Blanton, as sole heir of Addle Hull by deed dated July 21, 1956, and of record in Deed Book 235, Page 538, Rutherford County Registry. See Deed Book 303, Page 342, Rutherford County Registry. TRACT TWO: situate, lying and being in the Town of Forest City, Rutherford County, North Carolina, and being Lot Number 9, Block “B’’ of the J.F. Weathers Subdivision on the Northwest side of Forest Street in the Town of Forest City. This being the same property conveyed in deed from W.L. McDowell and wife, Sallie McDowell, to R.H. Foster and wife, Henrietta C. Foster, which deed was dated June 6, 1929, and recorded March 18, 1932, in Deed Book 149, Page 552, Rutherford County Registry, Description being taken from a plat of which is recorded in Plat Book 4, Page 122, reference to which is made for a more full an complete description of said property. See Deed Book 304, Page 341, Rutherford County Registry. And Being more commonly known as: 362 Forest St, Forest City, NC 28043 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Estate of Sandra A. Landrum. 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. 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 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is July 21, 2010. _______________________________ Elizabeth Ells 10-005159
Said property is commonly known as: Lot 126 (1.96 acres) on Buffalo Shoals Road, Lake Lure, NC 28746 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 Ronald Berg and 126B Greyrock Trust. 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 File No. 09-14769-FC01, 725494 7/30, 08/06/2010 North Carolina, Rutherford County NOTICE OF FORECLOSURE SALE 10 SP 295 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Curwin Simmons and Kelly Simmons, husband and wife to David Brunk, Trustee(s), which was dated May 25, 2006 and recorded on May 31, 2006 in Book 901 at Page 828, Rutherford 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 August 10, 2010 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: All that certain property situated in the Township of Rutherfordton in the County of Rutherford and State of North Carolina, being more fully described in a deed dated 01/21/2005 and recorded 02/01/2005, among the land records of the county and state set forth above, in a Deed Volume 864 and Page 519. Tax Map or Parcel ID No.: 12-04870. Being more particularly described as: Situate, lying and being on the East side of the old Ledbetter Mill Road near the North Carolina Prison Camp and being Lot No. 47 and one-half of Lot No. 48 as shown on plat of the Otis Ryce Farm made by justice and justice, sureveyors, dated June 1, 1946, which plat is duly recorded in the Office of the Register of Deeds for Rutherford County, NC, in Plat Book 2, Page 89, reference to which is hereby made for further description and the same is also incorporated herein. The one-half of Lot No. 48 herein conveyed is described by metes and bounds as follows: Beginning at an iron pin in the East edge of the Old Ledbetter Mill Road, the Southwest corner of Lot No. 47 and the Northwest corner of Lot No. 48 and runs thence Souith 56-1/2 East 458 feet to an iron pin in the Southeast corner of Lot No. 47 and being the Northeast corner of Lot No. 48; thence South 31-3/4 West 25 feet to an iron pin in the line of Lot No. 48; thence North 56-1/2 West 558 feet to an iron pin in the edge of the Old Ledbetter Mill Road; thence North 31-1/2 East 25 feet to the beginning, being the Northern half of Lot No. 48 as shown on plat. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as: 492 Ledbetter Road, Spindale, NC 28160 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 Curwin Simmons and Wife, Kelly Simmons. 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 File No. 10-13286-FC01, 726843 7/30, 08/06/2010
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CLASSIFIEDS!
6B — The Daily Courier, Forest City, NC, Friday, July 30, 2010 North Carolina, Rutherford County NOTICE OF FORECLOSURE SALE 10 SP 287 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Phillip H Ford and wife, Amy Ford to PRLAP, Inc., Trustee(s), which was dated June 29, 2007 and recorded on June 29, 2007 in Book 964 at Page 831, Rutherford 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 August 10, 2010 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: Being Condominium Unit 5, Building A, as shown on plat entitled “Phase 1, Apple Valley Villas, Fairfield Mountains, Inc.” which plat is of record in Plat Book 13 at Page 01, Rutherford County Registry, and is more particularly defined in the Declaration of Unit Ownership for Apple Valley Villas of Record is Deed Book 458, at Page 541, Rutherford County Registry, and any amendments thereto, together with the undivided interest in the common elements as set forth in the aforesaid Declaration. PIN# 1600690. Street name: Whitney Boulevard. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as: 160 Whitney Boulevard Unit 5, Lake Lure, NC 28746 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 Phillip H. Ford and wife, Amy Ford. 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 File No. 10-13267-FC01, 726830 7/30, 08/06/2010
North Carolina, Rutherford County NOTICE OF FORECLOSURE SALE 10 SP 271 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Rene A Walker & James N Walker, Joint Tenancy to Christopher Reddick, Trustee(s), which was dated December 18, 2006 and recorded on December 27, 2006 in Book 934 at Page 56, Rutherford 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 August 3, 2010 at 3:00PM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: Situate, lying and being in Sulphur Springs Township, Rutherford County, North Carolina, and Beginning at a stake in the center of Floyd’s Creek in the Charles Crow line; thence with said line South 7-1/4 West 13-4/5 poles to a stone, Crows corner; thence South 85 West 24 poles to a stone; thence South 4-1/2 West 19-1/5 poles to an iron pipe in the Cox old line; thence with said line, South 85-1/2 East 77-2/5 poles to a stone the Hudson old corner; thence with the Hudson line, North 3-1/4 East 20-4/5 poles to a stake in the center of Floyds Creek; thence up the center of the creek, North 73 West 52-2/5 poles to the Beginning, containing 11.09 acres, more or less. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as: 196 Amos Road, Forest City, NC 28043 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 Melva Rene’ Amos. 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 File No. 09-11811-FC02, 724317 7/23, 07/30/2010
STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 289 IN RE: Foreclosure of Real Property Under Deed of Trust from JEAN A. SCARPA, AND HUSBAND, BERNARD T. SCARPA AND JIM VANDELAER AND WIFE, ANJA BAL, in the original amount of $330,518.00, payable to BANK OF AMERICA, N.A., dated October 4, 2005 and recorded on October 4, 2005 in Book 863 at Page 689, Rutherford County Registry NOTICE OF SERVICE OF PROCESS BY PUBLICATION To: Anja Bal, Jean A. Scarpa, Bernard T. Scarpa, Jim Vandelaer aka James Vandelaer. Property Address: Lot 227 Grey Rock Parkway, Lake Lure, NC 28746 1. YOU ARE HEREBY NOTIFIED that the Clerk of Superior Court of Rutherford County shall conduct a hearing pursuant to North Carolina General Statutes §45-21.16 with respect to the foreclosure of certain real property hereinafter set forth. The above hearing shall be conducted on September 8, 2010 at 3:00PM at: Rutherford County Clerk of Court 229 North Main Street, Rutherfordton, NC 28139. 2. The name and address of the current holder of the above-described Deed of Trust and the indebtedness secured thereby is: Bank of America, N.A., C/O BAC Home Loans, 7105 Corporate Drive, Plano, TX 75024. 3. The Holder has instructed the said Substitute Trustee who has been appointed in a duly recorded instrument in the above-described Deed of Trust to institute foreclosure proceedings, pursuant to the power of sale contained therein, because of default in the failure to make payments of principal and interest under the Promissory Note secured by said Deed of Trust. 4. The Holder has accelerated the maturity of the debt secured by the above-described Deed of Trust. 5. You have the right in accordance with North Carolina General Statutes Section 45-21.20 to terminate the power of sale being exercised in this foreclosure proceeding if you pay in full, or tender payment in full, the indebtedness secured by the Deed of Trust and the expenses incurred in this matter prior to the sale or prior to the expiration of the time for submitting any upset bid after sale or resale has been held. You also have the right to cure the default if allowed by the Deed of Trust. 6. The date and time of foreclosure sale will be on the September 29, 2010 at 1:30PM and the place of sale will be the Rutherford County Courthouse, at the courthouse door of the county courthouse where the property is located, or the usual and customary place where foreclosure sales are customarily held. You will be notified of any change in the hour, date and place of sale. The real property secured by the above-described Deed of Trust is located in the County of Rutherford, State of North Carolina, and is more particularly described as follows: BEING all of Lot 227 as shown on survey by R. L. Greene, PLS entitled “Greyrock Subdivision Phase 2A as recorded in Plat Book 26 at Page 114, said plat being one of a series of plats recorded in Plat Book 26, Page 114 through 118 of the Rutherford County, NC Registry, reference to said recorded plats being made for a more particular description of said Lot 227. TOGETHER WITH AND SUBJECT TO all easements, restrictions and rights of ways of record and a non-exclusive appurtenant easement for ingress, egress and regress is conveyed over and upon all private subdivision roads for GreyRock at lake Lure as shown on the abovedescribed plats and the plats for Phase 1A as shown on plats recorded in Plat Book 25, at pages 188 through 192; Plats for Phase 1B as shown on Plats recorded in Plat Book 25, at Pages 205 through 208 and to the Covenants, Conditions and Restrictions for GreyRock as recorded in Book 858, at Page 122 of the Rutherford County, NC Registry and also being recorded in Book 3827, page 764 of the Buncombe County, NC Registry. BEING a portion of that property conveyed to LR Buffalo Creek, LLC by deeds recorded in Deed Book 855, at Page 816 of the Rutherford County, NC Registry and as recorded in Deed Book 3793, at Page 665 of the Buncombe County, NC Registry. Save and except any releases, deeds of release or prior conveyances of record. Said Property is commonly known as Lot 227 Grey Rock Parkway, Lake Lure, NC 28746. 7. Any right of the debtor to pay the indebtedness or cure the default if such is permitted. 8. The Holder has confirmed in writing to the person giving the notice, or if the Holder has given the notice, the Holder has confirmed in the notice, that within 30 days of the date of the notice, the debtor was sent by First Class Mail at the debtor’s last known address a written statement of the amount of principal and interest that the Holder claims in good faith is owed as of the date of the written statement, a daily interest charge based on the contract rate as of the date of the statement, and the amount of other expenses the Holder contends it is owed as of the date of the statement. 9. The Holder, or the servicer acting on the Holder’s behalf, has confirmed in writing to the Substitute Trustee giving this notice that to the knowledge of the Holder, or the servicer acting on the Holder’s behalf, within the two years preceding the date of this notice, the debtor has not sent any “written requests for information regarding a dispute or error involving the debtor’s account” (per NCGS 45-93) to the Holder or servicer. 10.You have the right to appear before the Clerk of Superior Court for Rutherford County at this hearing at which time you shall be afforded the opportunity to show cause as to why the foreclosure should not be allowed to proceed. 11. If the debtor does not intend to contest the creditor’s allegations of default, the debtor does not have to appear at the hearing and that the debtor’s failure to attend the hearing will not affect the debtor’s right to pay the indebtedness and thereby prevent the proposed sale, or to attend the actual sale, should the debtor elect to do so. 12. The Trustee, or Substitute Trustee, is a neutral party and, while holding that position in the foreclosure proceeding, may not advocate for the secured creditor or for the debtor in the foreclosure proceeding. 13. The debtor has the right to apply to a judge of the superior court pursuant to G.S. 45-21.34 to enjoin the sale, upon any legal or equitable ground that the court may deem sufficient prior to the time that the rights of the parties to the sale or resale become fixed, provided that the debtor complies with the requirements of G.S. 45-21.34. 14.The debtor has the right to appear at the hearing and contest the evidence that the clerk is to consider under G.S. 45‑21.16(d), and that to authorize the foreclosure the clerk must find the existence of: (i) valid debt of which the party seeking to foreclose is the Holder, (ii) default, (iii) right to foreclose under the DOT, (iv) notice to those entitled to notice, and (v) that the underlying mortgage debt is not a subprime loan as defined in G.S. 45‑101(4), or if the loan is a subprime loan under G.S. 45‑101(4), that the pre-foreclosure notice under G.S. 45-102 was provided in all material respects, and that the periods of time established by Article 11 of this Chapter have elapsed, then the clerk shall authorize the mortgagee or Trustee to proceed under the instrument, and the mortgagee or trustee can give notice of and conduct a sale pursuant to the provisions of this Article. 15. If the debtor fails to appear at the hearing, the substitute Trustee will ask the clerk for an order to sell the Property being foreclosed. 16. The debtor has the right to seek the advice of an attorney and that free legal services may be available to the debtor by contacting Legal Aid of North Carolina or other legal services organizations. 17. If the foreclosure sale is consummated, the purchaser will be entitled to possession of the Property at the time of the delivery of his/her Deed, and if the prior record owner is still in possession at that time, that owner can be evicted. 18. The name and address of the Substitute Trustee are listed below. 19. You should keep the Substitute Trustee or Holder notified in writing of your address so that you may be mailed copies of the Notice of Sale setting forth the terms under which the sale will be held, as well as notice of any postponements of such sale or Notice of Resale. 20. The hearing may be held on a date later that that stated in this Notice of Hearing, and you will be notified of any change in the hearing date. 21. The subject Property shall be sold by the Substitute Trustee or his agent at the usual and customary place designated for such sales at Rutherford County Courthouse, at a specified time and date, should this obligation not be earlier satisfied. 22. As defined by §45‑101(4), the subject loan is a non‑subprime loan and is not subject to additional notices as required by G.S. 45-102 and G.S. 45-103. 23. Irrespective of the requirements outlined in paragraph 22, the Substitute Trustee has confirmed that the notice required by G.S. 53-243.11(21) has been complied with. IN ACCORDANCE WITH THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. If you have received a discharge in a Chapter 7 Bankruptcy, we are aware you are not personally obligated for this debt. Please be advised that these notices are required for foreclosure in this state. Respectfully submitted on: 07 / 21 / 2010. 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 File No. 10-04609, 728726 7/30, 8/6, 08/13/2010
The Daily Courier, Forest City, NC, Friday, July 30, 2010 — 7B North Carolina, Rutherford County
STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD NOTICE OF FORECLOSURE SALE 10 SP 291
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Jamee A. Nesta and Tara M. Nesta, wife to PRLAP, Inc., Trustee(s), which was dated December 19, 2006 and recorded on December 27, 2006 in Book 934 at Page 1, Rutherford 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 August 10, 2010 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: All that certain lot or parcel of land situated in Morgan Township, Rutherford County, North Carolina, and more particularly described as follows: Being Lot Number 6 of Queen’s Gap, Phase I, as described more fully in Plat recorded in Plat Book 27, Pages 280-292, (“the Plat”), Rutherford County Registry, to which plat reference is hereby made for a more full and accurate description. Subject to Declaration of Covenants, Conditions, and Restrictions for Queen’s Gap as recorded in Book 917, Page 402-442, Rutherford County Register of Deeds, and recorded in Book 891, Page 624-664, McDowell County Register of Deeds, and any amendments and supplements thereto. Subject to all matters shown on subdivision plat of Queen’s Gap, Phase I, as recorded in Plat Book 27, Pages 280-292, Rutherford County Register of Deeds, and Plat Book 13, Pages 60-72, McDowell County Register of Deeds, hereinafter referred to as “the Plat”. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as: Lot 6 Shire Lane, Rutherfordton, NC 28139 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 Jamee A. Nesta. 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 File No. 10-03129-FC01, 726822 7/30, 08/06/2010
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CLASSIFIEDS! North Carolina, Rutherford County NOTICE OF FORECLOSURE SALE 09 SP 227 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Ramona U Howell to Countrywide Home Loans, Inc., Trustee(s), which was dated February 18, 2003 and recorded on February 24, 2003 in Book 0714 at Page 0586, Rutherford 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, Lisa S. Campbell, 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 August 10, 2010 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: Lying in Cool Springs Township, Rutherford County, North Carolina, being Southwest and just outside the corporate limits of the Town of Forest City, being a part of the land conveyed to C. H. Sherrill and wife, Annie Mae Sherrill by deed recorded in Deed Book 228, on Page 409, Rutherford County Registry and being designated as Lot 2 in the Subdivision of said property known as Edgewood Drive Subdivision and more particularly described according to survey and plat made February 16, 1956, by F. A. Wilkie, Surveyor as follows: Beginning at an iron stake on the North side of Edgewood Drive, which iron stake is 150 feet North 85 West from the intersection of the North side of Edgewood Drive with the West side of Hardin Road, said beginning being the Southwest corner of the Howard Ennis property and runs thence with the North side of Edgewood Drive North 85 degrees West 150 feet to an iron stake where said drive makes a 90 degree turn Northward; thence with the East side of Edgewood Drive North 4 degrees East 85 feet to an iron stake; thence South 85 East 150 feet to an iron stake, Ennis corner; thence with line of Ennis lot South 4 degrees West 85 feet to the BEGINNING. Being the same property as that described in a deed dated May 6, 1964, from John D. Harrill and wife, Jimmie R. Harrill to David C. Rhymer and wife, Frances K. Rhymer, recorded in Deed Book 275, Page 601, Rutherford County Registry. Reference is made to the Estate of Frances K. Rhymer, deceased, Clerk of Court of Rutherford County, N.C., File No: 89 E 433. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as: 138 Edgewood Drive, Forest City, NC 28043 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 Ramona U. Howell. 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. Lisa S. Campbell, Substitute Trustee, PO Box 4006 Wilmington, NC 28406 PHONE: (910) 392-4971 FAX: (910) 392-8051 File No. 09-10497-FC01, 726829 7/30, 08/06/2010
GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 292 IN RE: Foreclosure of Real Property Under Deed of Trust from MICHAEL PIANELLI Jr. and Melanie Manzo-Pianelli married to each other, in the original amount of $107,928.00, payable to BANK OF AMERICA, N.A., dated January 31, 2006 and recorded on January 31, 2006 in Book 883 at Page 574, Rutherford County Registry Brock & Scott, PLLC, Substitute Trustee NOTICE OF SERVICE OF PROCESS BY PUBLICATION To: Michael Pianelli, Jr aka Michael Pianelli, Melanie Manzo-Pianelli aka Melanie Manzo Pianelli Property Address: Lot #216 Grey Rock Parkway, Grey Rock Phase 2-A, Lake Lure, NC 28746. 1. YOU ARE HEREBY NOTIFIED that the Clerk of Superior Court of Rutherford County shall conduct a hearing pursuant to North Carolina General Statutes §45-21.16 with respect to the foreclosure of certain real property hereinafter set forth. The above hearing shall be conducted on September 8, 2010 at 3:00PM at: Rutherford County Clerk of Court 229 North Main Street, Rutherfordton, NC 28139. 2. The name and address of the current holder of the above-described Deed of Trust and the indebtedness secured thereby is: Bank of America, N.A., c/o BAC Home Loans, 7105 Corporate Drive, Plano, TX 75024. 3. The Holder has instructed the said Substitute Trustee who has been appointed in a duly recorded instrument in the above-described Deed of Trust to institute foreclosure proceedings, pursuant to the power of sale contained therein, because of default in the failure to make payments of principal and interest under the Promissory Note secured by said Deed of Trust. 4. The Holder has accelerated the maturity of the debt secured by the above-described Deed of Trust. 5. You have the right in accordance with North Carolina General Statutes Section 45-21.20 to terminate the power of sale being exercised in this foreclosure proceeding if you pay in full, or tender payment in full, the indebtedness secured by the Deed of Trust and the expenses incurred in this matter prior to the sale or prior to the expiration of the time for submitting any upset bid after sale or resale has been held. You also have the right to cure the default if allowed by the Deed of Trust. 6. The date and time of foreclosure sale will be on the September 29, 2010 at 1:30PM and the place of sale will be the Rutherford County Courthouse, at the courthouse door of the county courthouse where the property is located, or the usual and customary place where foreclosure sales are customarily held. You will be notified of any change in the hour, date and place of sale. The real property secured by the above-described Deed of Trust is located in the County of Rutherford, State of North Carolina, and is more particularly described as follows: BEING all of Lot 216 as shown on survey by R. L. Greene, PLS entitled “Greyrock Subdivision Phase 2A as recorded in Plat Book 26 at Page 114, said plat being one of a series of plats recorded in Plat Book 26, Page 114 through 118 of the Rutherford County, NC Registry, reference to said recorded plats being made for a more particular description of said Lot 216. TOGETHER WITH AND SUBJECT TO all easements, restrictions and rights of ways of record and a non-excusive appurtenant easement for ingress, egress and regress is conveyed over and upon all private subdivision roads for GreyRock at Lake Lure as shown on the abovedescribed plats and the plats for Phase 1A as shown on plats recorded in Plat Book 25, at Pages 188 through 192; Plats for Phase 1B as shown on plats recorded in Plat Book 25, at Pages 205 through 208 and to the Covenants, Conditions and Restrictions for GreyRock as recorded in Book 858, at Page 122 of the Rutherford County, NC Registry and also being recorded in Book 3827, page 764 of the Buncombe County, NC Registry. BEING a portion of that property conveyed to LR Buffalo Creek, LLC by deed recorded in Deed Book 855, at Page 816 of the Rutherford County, NC Registry and as recorded in Deed Book 3793, at Page 665 of the Buncombe County, NC Registry. Save and except any releases, deeds of release or prior conveyances of record. Said Property is commonly known as Lot #216 Grey Rock Parkway, Grey Rock Phase 2-A, Lake Lure, NC 28746. 7. Any right of the debtor to pay the indebtedness or cure the default if such is permitted. 8. The Holder has confirmed in writing to the person giving the notice, or if the Holder has given the notice, the Holder has confirmed in the notice, that within 30 days of the date of the notice, the debtor was sent by First Class Mail at the debtor’s last known address a written statement of the amount of principal and interest that the Holder claims in good faith is owed as of the date of the written statement, a daily interest charge based on the contract rate as of the date of the statement, and the amount of other expenses the Holder contends it is owed as of the date of the statement. 9. The Holder, or the servicer acting on the Holder’s behalf, has confirmed in writing to the Substitute Trustee giving this notice that to the knowledge of the Holder, or the servicer acting on the Holder’s behalf, within the two years preceding the date of this notice, the debtor has not sent any “written requests for information regarding a dispute or error involving the debtor’s account” (per NCGS 45-93) to the Holder or servicer. 10. You have the right to appear before the Clerk of Superior Court for Rutherford County at this hearing at which time you shall be afforded the opportunity to show cause as to why the foreclosure should not be allowed to proceed. 11. If the debtor does not intend to contest the creditor’s allegations of default, the debtor does not have to appear at the hearing and that the debtor’s failure to attend the hearing will not affect the debtor’s right to pay the indebtedness and thereby prevent the proposed sale, or to attend the actual sale, should the debtor elect to do so. 12. The Trustee, or Substitute Trustee, is a neutral party and, while holding that position in the foreclosure proceeding, may not advocate for the secured creditor or for the debtor in the foreclosure proceeding. 13. The debtor has the right to apply to a judge of the superior court pursuant to G.S. 45-21.34 to enjoin the sale, upon any legal or equitable ground that the court may deem sufficient prior to the time that the rights of the parties to the sale or resale become fixed, provided that the debtor complies with the requirements of G.S. 45‑21.34. 14.The debtor has the right to appear at the hearing and contest the evidence that the clerk is to consider under G.S. 45‑21.16(d), and that to authorize the foreclosure the clerk must find the existence of: (i) valid debt of which the party seeking to foreclose is the Holder, (ii) default, (iii) right to foreclose under the DOT, (iv) notice to those entitled to notice, and (v) that the underlying mortgage debt is not a subprime loan as defined in G.S. 45‑101(4), or if the loan is a subprime loan under G.S. 45-101(4), that the pre-foreclosure notice under G.S. 45-102 was provided in all material respects, and that the periods of time established by Article 11 of this Chapter have elapsed, then the clerk shall authorize the mortgagee or Trustee to proceed under the instrument, and the mortgagee or trustee can give notice of and conduct a sale pursuant to the provisions of this Article. 15.If the debtor fails to appear at the hearing, the Substitute Trustee will ask the clerk for an order to sell the Property being foreclosed. 16. The debtor has the right to seek the advice of an attorney and that free legal services may be available to the debtor by contacting Legal Aid of North Carolina or other legal services organizations. 17. If the foreclosure sale is consummated, the purchaser will be entitled to possession of the Property at the time of the delivery of his/her Deed, and if the prior record owner is still in possession at that time, that owner can be evicted. 18. The name and address of the Substitute Trustee are listed below. 19. You should keep the Substitute Trustee or Holder notified in writing of your address so that you may be mailed copies of the Notice of Sale setting forth the terms under which the sale will be held, as well as notice of any postponements of such sale or Notice of Resale. 20. The hearing may be held on a date later that that stated in this Notice of Hearing, and you will be notified of any change in the hearing date. 21. The subject Property shall be sold by the Substitute Trustee or his agent at the usual and customary place designated for such sales at Rutherford County Courthouse, at a specified time and date, should this obligation not be earlier satisfied. 22. As defined by §45‑101(4), the subject loan is a non-subprime loan and is not subject to additional notices as required by G.S. 45-102 and G.S. 45-103. 23.Irrespective of the requirements outlined in paragraph 22, the Substitute Trustee has confirmed that the notice required by G.S. 53‑243.11(21) has been complied with. IN ACCORDANCE WITH THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. If you have received a discharge in a Chapter 7 Bankruptcy, we are aware you are not personally obligated for this debt. Please be advised that these notices are required for foreclosure in this state. Respectfully submitted on: 07 / 21 / 2010. 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 File No. 10-02936, 728743 7/30, 8/6, 08/13/2010
8B — The Daily Courier, Forest City, NC, Friday, July 30, 2010 STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD
STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD
GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 277
GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 290
IN RE: Foreclosure of Real Property Under Deed of Trust from OLIVER A. MORARD and Linda Morard, married to each other and Ronald Berg and Ruth Berg married to each other, in the original amount of $294,300.00, payable to BANK OF AMERICA, N.A., dated October 16, 2006 and recorded on October 20, 2006 in Book 923 at Page 435, Rutherford County Registry Brock & Scott, PLLC, Substitute Trustee
IN RE: Foreclosure of Real Property Under Deed of Trust from ZALAK SHETH unmarried, in the original amount of $315,000.00, payable to BANK OF AMERICA, N.A., dated June 8, 2007 and recorded on June 8, 2007 in Book 961 at Page 103, Rutherford County Registry Brock & Scott, PLLC, Substitute Trustee NOTICE OF SERVICE OF PROCESS BY PUBLICATION
NOTICE OF SERVICE OF PROCESS BY PUBLICATION To: Oliver A. Morard, The 129 Grey Rock Trust (through Ronald Berg, Trustee, William J. Gibbons, Jr., Attorney for Borrower Property Address: 129 Scenic Park Drive, Lake Lure, NC 28746 1. YOU ARE HEREBY NOTIFIED that the Clerk of Superior Court of Rutherford County shall conduct a hearing pursuant to North Carolina General Statutes §45-21.16 with respect to the foreclosure of certain real property hereinafter set forth. The above hearing shall be conducted on September 8, 2010 at 3:00PM at: Rutherford County Clerk of Court, 229 North Main Street, Rutherfordton, NC 28139. 2. The name and address of the current holder of the above-described Deed of Trust and the indebtedness secured thereby is: Bank of America, N.A., C/O BAC Home Loans, 7105 Corporate Drive, Plano, TX 75024. 3. The Holder has instructed the said Substitute Trustee who has been appointed in a duly recorded instrument in the above-described Deed of Trust to institute foreclosure proceedings, pursuant to the power of sale contained therein, because of default in the failure to make payments of principal and interest under the Promissory Note secured by said Deed of Trust. 4. The Holder has accelerated the maturity of the debt secured by the above-described Deed of Trust. 5.You have the right in accordance with North Carolina General Statutes Section 45-21.20 to terminate the power of sale being exercised in this foreclosure proceeding if you pay in full, or tender payment in full, the indebtedness secured by the Deed of Trust and the expenses incurred in this matter prior to the sale or prior to the expiration of the time for submitting any upset bid after sale or resale has been held. You also have the right to cure the default if allowed by the Deed of Trust. 6. The date and time of foreclosure sale will be on the September 29, 2010 at 1:30PM and the place of sale will be the Rutherford County Courthouse, at the courthouse door of the county courthouse where the property is located, or the usual and customary place where foreclosure sales are customarily held. You will be notified of any change in the hour, date and place of sale. The real property secured by the above-described Deed of Trust is located in the County of Rutherford, State of North Carolina, and is more particularly described as follows: BEING ALL OF Lot 129 as shown on survey by R. L. Greene, PLS entitled GreyRock Subdivision Phase 1B as recorded in Plat Book 25 at Page 206, said plat being one of a series of plats recorded in Plat Book 25, Page 205 through Page 208 of the Rutherford County, NC Registry, reference to said recorded plats being made for a more particular description of said Lot 129.TOGETHER WITH AND SUBJECT TO all easements, restrictions and rights of ways of record and an non-exclusive appurtenant easement for ingress, egress and regress is conveyed over and upon all private subdivision roads for GreyRock at Lake Lure as shown on the above described plats and the plats for Phase 1A as shown on plats recorded in Plat Book 25, at Pages 188 through 192, plats for 1B as shown on plats recorded in Plat Book 25 at Pages 205 through Page 208, plats for Phase 2A as shown on plats recorded in Plat Book 26, Pages 114 through Pages 118 and to the Covenants, Conditions and Restrictions for GreyRock as recorded in Book 858, at Page 122 of the Rutherford County Registry and also being recorded in Book 3827, Page 764, of the Buncombe County, NC Registry. BEING a portion of that property conveyed to LR Buffalo Creek, LLC deeds recorded in Deed Book 855, at Page 816, of the Rutherford County, NC Registry and as recorded in Deed Book 3793, at Page 665 of the Buncombe County NC Registry. Save and except any releases, deeds of release or prior conveyances of record. Said Property is commonly known as 129 Scenic Park Drive, Lake Lure, NC 28746. 7. Any right of the debtor to pay the indebtedness or cure the default if such is permitted. 8. The Holder has confirmed in writing to the person giving the notice, or if the Holder has given the notice, the Holder has confirmed in the notice, that within 30 days of the date of the notice, the debtor was sent by First Class Mail at the debtor’s last known address a written statement of the amount of principal and interest that the Holder claims in good faith is owed as of the date of the written statement, a daily interest charge based on the contract rate as of the date of the statement, and the amount of other expenses the Holder contends it is owed as of the date of the statement. 9. The Holder, or the servicer acting on the Holder’s behalf, has confirmed in writing to the Substitute Trustee giving this notice that to the knowledge of the Holder, or the servicer acting on the Holder’s behalf, within the two years preceding the date of this notice, the debtor has not sent any “written requests for information regarding a dispute or error involving the debtor’s account” (per NCGS 45-93) to the Holder or servicer. 10. You have the right to appear before the Clerk of Superior Court for Rutherford County at this hearing at which time you shall be afforded the opportunity to show cause as to why the foreclosure should not be allowed to proceed. 11. If the debtor does not intend to contest the creditor’s allegations of default, the debtor does not have to appear at the hearing and that the debtor’s failure to attend the hearing will not affect the debtor’s right to pay the indebtedness and thereby prevent the proposed sale, or to attend the actual sale, should the debtor elect to do so. 12.The Trustee, or Substitute Trustee, is a neutral party and, while holding that position in the foreclosure proceeding, may not advocate for the secured creditor or for the debtor in the foreclosure proceeding. 13. The debtor has the right to apply to a judge of the superior court pursuant to G.S. 45-21.34 to enjoin the sale, upon any legal or equitable ground that the court may deem sufficient prior to the time that the rights of the parties to the sale or resale become fixed, provided that the debtor complies with the requirements of G.S. 45-21.34. 14.The debtor has the right to appear at the hearing and contest the evidence that the clerk is to consider under G.S. 45‑21.16(d), and that to authorize the foreclosure the clerk must find the existence of: (i) valid debt of which the party seeking to foreclose is the Holder, (ii) default, (iii) right to foreclose under the DOT, (iv) notice to those entitled to notice, and (v) that the underlying mortgage debt is not a subprime loan as defined in G.S. 45‑101(4), or if the loan is a subprime loan under G.S. 45‑101(4), that the pre-foreclosure notice under G.S. 45-102 was provided in all material respects, and that the periods of time established by Article 11 of this Chapter have elapsed, then the clerk shall authorize the mortgagee or Trustee to proceed under the instrument, and the mortgagee or trustee can give notice of and conduct a sale pursuant to the provisions of this Article. 15. If the debtor fails to appear at the hearing, the Substitute Trustee will ask the clerk for an order to sell the Property being foreclosed. 16. The debtor has the right to seek the advice of an attorney and that free legal services may be available to the debtor by contacting Legal Aid of North Carolina or other legal services organizations. 17. If the foreclosure sale is consummated, the purchaser will be entitled to possession of the Property at the time of the delivery of his/her Deed, and if the prior record owner is still in possession at that time, that owner can be evicted. 18.The name and address of the Substitute Trustee are listed below. 19. You should keep the Substitute Trustee or Holder notified in writing of your address so that you may be mailed copies of the Notice of Sale setting forth the terms under which the sale will be held, as well as notice of any postponements of such sale or Notice of Resale. 20. The hearing may be held on a date later that that stated in this Notice of Hearing, and you will be notified of any change in the hearing date. 21. The subject Property shall be sold by the Substitute Trustee or his agent at the usual and customary place designated for such sales at Rutherford County Courthouse, at a specified time and date, should this obligation not be earlier satisfied. 22. As defined by §45‑101(4), the subject loan is a non‑subprime loan and is not subject to additional notices as required by G.S. 45-102 and G.S. 45-103. 23. Irrespective of the requirements outlined in paragraph 22, the Substitute Trustee has confirmed that the notice required by G.S. 53-243.11(21) has been complied with. IN ACCORDANCE WITH THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. If you have received a discharge in a Chapter 7 Bankruptcy, we are aware you are not personally obligated for this debt. Please be advised that these notices are required for foreclosure in this state.
To: Zalak Sheth, The 566 Grey Rock Trust (through Salma Arefi, Trustee) Property Address: Lot 566 Grey Rock Parkway, Lake Lure, NC 28746. 1. YOU ARE HEREBY NOTIFIED that the Clerk of Superior Court of Rutherford County shall conduct a hearing pursuant to North Carolina General Statutes §45-21.16 with respect to the foreclosure of certain real property hereinafter set forth. The above hearing shall be conducted on September 8, 2010 at 3:00PM at: Rutherford County Clerk of Court, 229 North Main Street, Rutherfordton, NC 28139. 2. The name and address of the current holder of the above-described Deed of Trust and the indebtedness secured thereby is: Bank of America, N.A., C/O BAC Home Loans, 7105 Corporate Drive, Plano, TX 75024. 3. The Holder has instructed the said Substitute Trustee who has been appointed in a duly recorded instrument in the above-described Deed of Trust to institute foreclosure proceedings, pursuant to the power of sale contained therein, because of default in the failure to make payments of principal and interest under the Promissory Note secured by said Deed of Trust. 4. The Holder has accelerated the maturity of the debt secured by the above-described Deed of Trust. 5. You have the right in accordance with North Carolina General Statutes Section 45-21.20 to terminate the power of sale being exercised in this foreclosure proceeding if you pay in full, or tender payment in full, the indebtedness secured by the Deed of Trust and the expenses incurred in this matter prior to the sale or prior to the expiration of the time for submitting any upset bid after sale or resale has been held. You also have the right to cure the default if allowed by the Deed of Trust. 6. The date and time of foreclosure sale will be on the September 29, 2010 at 1:30PM and the place of sale will be the Rutherford County Courthouse, at the courthouse door of the county courthouse where the property is located, or the usual and customary place where foreclosure sales are customarily held. You will be notified of any change in the hour, date and place of sale. The real property secured by the above-described Deed of Trust is located in the County of Rutherford, State of North Carolina, and is more particularly described as follows: BEING ALL of Lot 566 as shown on survey by R.L. Greene, PLS entitled “GreyRock Subdivision” Phase 3 B as recorded in Plat Book 26 at Page 240, said plat being one of a series of plats recorded in Plat Book 26 PAges 235 through 242 revised in Plat Book 27, Page 156 being on of a series of plats recorded in Plat Book 27 Page 151 through 158 of the Rutherford County, NC Registry, reference to said recorded plats being made for a more particular description of said Lot. SUBJECT TO a grading easement which runs the full length of Lake Forest Drive. TOGETHER WITH AND SUBJECT TO all easements, restrictions and rights of ways of record and a non-exclusive appurtenant easement for ingress, egress and regress is conveyed over and upon all private subdivision roads for GreyRock at Lake Lure as shown on the above-described plats and the plats for Phase 1A and 1B, Phase 2A and 2B, of Greyrock and the Covenants, Conditions and Restrictions for GreyRock at Lake Lure as recorded in Book 658, at Page 122 of the Rutherford County, NC Registry and also recorded in Book 3827, Page 764 of the Buncombe County NC Registry (herein “Declarations”). BEING a portion of that property conveyed to LR Buffalo Creek, LLC a Georgia limited liability company by deeds recorded in Book 855, Page 816 of the Rutherford County, NC Registry and in Book 3793, at Page 665 of the Buncombe County, NC Registry. Save and except any releases, deeds of release or prior conveyances of record. Said Property is commonly known as Lot 566 Grey Rock Parkway, Lake Lure, NC 28746. 7. Any right of the debtor to pay the indebtedness or cure the default if such is permitted. 8. The Holder has confirmed in writing to the person giving the notice, or if the Holder has given the notice, the Holder has confirmed in the notice, that within 30 days of the date of the notice, the debtor was sent by First Class Mail at the debtor’s last known address a written statement of the amount of principal and interest that the Holder claims in good faith is owed as of the date of the written statement, a daily interest charge based on the contract rate as of the date of the statement, and the amount of other expenses the Holder contends it is owed as of the date of the statement. 9. The Holder, or the servicer acting on the Holder’s behalf, has confirmed in writing to the Substitute Trustee giving this notice that to the knowledge of the Holder, or the servicer acting on the Holder’s behalf, within the two years preceding the date of this notice, the debtor has not sent any “written requests for information regarding a dispute or error involving the debtor’s account” (per NCGS 45-93) to the Holder or servicer. 10. You have the right to appear before the Clerk of Superior Court for Rutherford County at this hearing at which time you shall be afforded the opportunity to show cause as to why the foreclosure should not be allowed to proceed. 11. If the debtor does not intend to contest the creditor’s allegations of default, the debtor does not have to appear at the hearing and that the debtor’s failure to attend the hearing will not affect the debtor’s right to pay the indebtedness and thereby prevent the proposed sale, or to attend the actual sale, should the debtor elect to do so. 12. The Trustee, or Substitute Trustee, is a neutral party and, while holding that position in the foreclosure proceeding, may not advocate for the secured creditor or for the debtor in the foreclosure proceeding.13. The debtor has the right to apply to a judge of the superior court pursuant to G.S. 45-21.34 to enjoin the sale, upon any legal or equitable ground that the court may deem sufficient prior to the time that the rights of the parties to the sale or resale become fixed, provided that the debtor complies with the requirements of G.S. 45-21.34. 14. The debtor has the right to appear at the hearing and contest the evidence that the clerk is to consider under G.S. 45-21.16(d), and that to authorize the foreclosure the clerk must find the existence of: (i) valid debt of which the party seeking to foreclose is the Holder, (ii) default, (iii) right to foreclose under the DOT, (iv) notice to those entitled to notice, and (v) that the underlying mortgage debt is not a subprime loan as defined in G.S. 45-101(4), or if the loan is a subprime loan under G.S. 45-101(4), that the pre-foreclosure notice under G.S. 45-102 was provided in all material respects, and that the periods of time established by Article 11 of this Chapter have elapsed, then the clerk shall authorize the mortgagee or Trustee to proceed under the instrument, and the mortgagee or trustee can give notice of and conduct a sale pursuant to the provisions of this Article. 15. If the debtor fails to appear at the hearing, the Substitute Trustee will ask the clerk for an order to sell the Property being foreclosed. 16. The debtor has the right to seek the advice of an attorney and that free legal services may be available to the debtor by contacting Legal Aid of North Carolina or other legal services organizations. 17. If the foreclosure sale is consummated, the purchaser will be entitled to possession of the Property at the time of the delivery of his/her Deed, and if the prior record owner is still in possession at that time, that owner can be evicted.18. The name and address of the Substitute Trustee are listed below. 19. You should keep the Substitute Trustee or Holder notified in writing of your address so that you may be mailed copies of the Notice of Sale setting forth the terms under which the sale will be held, as well as notice of any postponements of such sale or Notice of Resale. 20. The hearing may be held on a date later that that stated in this Notice of Hearing, and you will be notified of any change in the hearing date. 21. The subject Property shall be sold by the Substitute Trustee or his agent at the usual and customary place designated for such sales at Rutherford County Courthouse, at a specified time and date, should this obligation not be earlier satisfied. 22. As defined by §45-101(4), the subject loan is a non-subprime loan and is not subject to additional notices as required by G.S. 45-102 and G.S. 45-103. 23. Irrespective of the requirements outlined in paragraph 22, the Substitute Trustee has confirmed that the notice required by G.S. 53-243.11(21) has been complied with. IN ACCORDANCE WITH THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. If you have received a discharge in a Chapter 7 Bankruptcy, we are aware you are not personally obligated for this debt. Please be advised that these notices are required for foreclosure in this state. Respectfully submitted on: 07 / 21 / 2010.
Respectfully submitted on: 07 / 21 / 2010. 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 728710 7/30, 8/6, 08/13/2010
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 File No. 10-04610, 728741 7/30, 8/6, 08/13/2010
The Daily Courier, Forest City, NC, Friday, July 30, 2010 — 9B STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD
STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD
GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 299
GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 174
IN RE: Foreclosure of Real Property Under Deed of Trust from MICHAEL T. MEGGISON aka MICAHEL T. MEGGISON AND MARY B. MEGGISON married to each other and Carrie Hughes, unmarried and Sherry Woodruff, unmarried, in the original amount of 323,918.00, payable to BANK OF AMERICA, N.A., dated November 17, 2005 and recorded on November 23, 2005 in Book 872 at Page 703, Rutherford County Registry Brock & Scott, PLLC, Substitute Trustee.
IN RE: Foreclosure of Real Property Under Deed of Trust from LORRAINE BAKER AKA LORRAINE A. BAKER AND FREDRICK H. BAKER, MARRIED TO EACH OTHER, in the original amount of $266,000.00, payable to BANK OF AMERICA, N.A., dated May 31, 2007 and recorded on June 1, 2007 in Book 960 at Page 156, Rutherford County Registry Brock & Scott, PLLC, Substitute Trustee
NOTICE OF SERVICE OF PROCESS BY PUBLICATION To: Mary B. Meggison, Michael T. Meggison aka Micahel T. Meggison, Carrie Hughes, Any Spouse of Carrie Hughes, Sherry Woodruff, Any Spouse of Sherry Woodruff Property Address: Lot 197 Grey Rock, Lake Lure, NC 28746.
NOTICE OF SERVICE OF PROCESS BY PUBLICATION To: Fredrick H. Baker, Lorraine Baker aka Lorraine A. Baker, 266A GreyRock Trust, (through Rosemarie Romero, Trustee) Property Address: Lot 266 Catamount Ridge Trail.
1. YOU ARE HEREBY NOTIFIED that the Clerk of Superior Court of Rutherford County shall conduct a hearing pursuant to North Carolina General Statutes §45-21.16 with respect to the foreclosure of certain real property hereinafter set forth.The above hearing shall be conducted on September 8, 2010 at 3:00PM at: Rutherford County Clerk of Court, 229 North Main Street, Rutherfordton, NC 28139 2.The name and address of the current holder of the above-described Deed of Trust and the indebtedness secured thereby is: Bank of America, N.A., c/o BAC Home Loans, 7105 Corporate Drive, Plano, TX 75024. 3. The Holder has instructed the said Substitute Trustee who has been appointed in a duly recorded instrument in the above-described Deed of Trust to institute foreclosure proceedings, pursuant to the power of sale contained therein, because of default in the failure to make payments of principal and interest under the Promissory Note secured by said Deed of Trust. 4. The Holder has accelerated the maturity of the debt secured by the above-described Deed of Trust. 5. You have the right in accordance with North Carolina General Statutes Section 45-21.20 to terminate the power of sale being exercised in this foreclosure proceeding if you pay in full, or tender payment in full, the indebtedness secured by the Deed of Trust and the expenses incurred in this matter prior to the sale or prior to the expiration of the time for submitting any upset bid after sale or resale has been held. You also have the right to cure the default if allowed by the Deed of Trust. 6. The date and time of foreclosure sale will be on the September 29, 2010 at 1:30PM and the place of sale will be the Rutherford County Courthouse, at the courthouse door of the county courthouse where the property is located, or the usual and customary place where foreclosure sales are customarily held. You will be notified of any change in the hour, date and place of sale. The real property secured by the above-described Deed of Trust is located in the County of Rutherford, State of North Carolina, and is more particularly described as follows: Being all of Lot 197 as shown on survey by R.L. Greene, PLS entitled “ Greyrock Subdivision Phase 2A as recorded in Plat Book 26 at Page 117, said plat being one of a series of plats recorded in Plat Book 26, Page 114 through 118 of the Rutherford County, NC Registry, reference to said recorded plats being made for a more particular description of said Lot 197. Together With And Subject To all easements, restrictions and rights of ways of record and a non-exclusive appurtenant easement for ingress, egress and regress is conveyed over and upon all private subdivision roads for GreyRock at Lake Lure as shown on the above-described plats and the plats for Phase 1A as shown on plats recorded in Plat Book 25, at Pages 188 through 192; Plats for Phase 1B as shown on Plats recorded in Plat Book 25, at Pages 205 through 208 and to the Covenants, Conditions and Restrictions for GreyRock as recorded in Book 858, at Page 122 of the Rutherford County, NC Registry and also being recorded in Book 3827, page 764 of the Buncombe County, NC Registry. Being a portion of that property conveyed to LR Buffalo Creek, LLC by deeds recorded in Deed Book 855, at Page 816 of the Rutherford County, NC Registry and as recorded in Deed Book 3793, at Page 665 of the Buncombe County, NC Registry.Save and except any releases, deeds of release or prior conveyances of record.Said Property is commonly known as Lot 197 Grey Rock, Lake Lure, NC 28746. 7. Any right of the debtor to pay the indebtedness or cure the default if such is permitted. 8. The Holder has confirmed in writing to the person giving the notice, or if the Holder has given the notice, the Holder has confirmed in the notice, that within 30 days of the date of the notice, the debtor was sent by First Class Mail at the debtor’s last known address a written statement of the amount of principal and interest that the Holder claims in good faith is owed as of the date of the written statement, a daily interest charge based on the contract rate as of the date of the statement, and the amount of other expenses the Holder contends it is owed as of the date of the statement. 9. The Holder, or the servicer acting on the Holder’s behalf, has confirmed in writing to the Substitute Trustee giving this notice that to the knowledge of the Holder, or the servicer acting on the Holder’s behalf, within the two years preceding the date of this notice, the debtor has not sent any “written requests for information regarding a dispute or error involving the debtor’s account” (per NCGS 45-93) to the Holder or servicer. 10. You have the right to appear before the Clerk of Superior Court for Rutherford County at this hearing at which time you shall be afforded the opportunity to show cause as to why the foreclosure should not be allowed to proceed. 11. If the debtor does not intend to contest the creditor’s allegations of default, the debtor does not have to appear at the hearing and that the debtor’s failure to attend the hearing will not affect the debtor’s right to pay the indebtedness and thereby prevent the proposed sale, or to attend the actual sale, should the debtor elect to do so. 12. The Trustee, or Substitute Trustee, is a neutral party and, while holding that position in the foreclosure proceeding, may not advocate for the secured creditor or for the debtor in the foreclosure proceeding. 13. The debtor has the right to apply to a judge of the superior court pursuant to G.S. 45-21.34 to enjoin the sale, upon any legal or equitable ground that the court may deem sufficient prior to the time that the rights of the parties to the sale or resale become fixed, provided that the debtor complies with the requirements of G.S. 45-21.34. 14.The debtor has the right to appear at the hearing and contest the evidence that the clerk is to consider under G.S. 45‑21.16(d), and that to authorize the foreclosure the clerk must find the existence of: (i) valid debt of which the party seeking to foreclose is the Holder, (ii) default, (iii) right to foreclose under the DOT, (iv) notice to those entitled to notice, and (v) that the underlying mortgage debt is not a subprime loan as defined in G.S. 45‑101(4), or if the loan is a subprime loan under G.S. 45‑101(4), that the pre-foreclosure notice under G.S. 45-102 was provided in all material respects, and that the periods of time established by Article 11 of this Chapter have elapsed, then the clerk shall authorize the mortgagee or Trustee to proceed under the instrument, and the mortgagee or trustee can give notice of and conduct a sale pursuant to the provisions of this Article. 15. If the debtor fails to appear at the hearing, the Substitute Trustee will ask the clerk for an order to sell the Property being foreclosed. 16. The debtor has the right to seek the advice of an attorney and that free legal services may be available to the debtor by contacting Legal Aid of North Carolina or other legal services organizations. 17. If the foreclosure sale is consummated, the purchaser will be entitled to possession of the Property at the time of the delivery of his/her Deed, and if the prior record owner is still in possession at that time, that owner can be evicted. 18. The name and address of the Substitute Trustee are listed below. 19. You should keep the Substitute Trustee or Holder notified in writing of your address so that you may be mailed copies of the Notice of Sale setting forth the terms under which the sale will be held, as well as notice of any postponements of such sale or Notice of Resale. 20. The hearing may be held on a date later that that stated in this Notice of Hearing, and you will be notified of any change in the hearing date. 21. The subject Property shall be sold by the Substitute Trustee or his agent at the usual and customary place designated for such sales at Rutherford County Courthouse, at a specified time and date, should this obligation not be earlier satisfied. 22. As defined by §45‑101(4), the subject loan is a non‑subprime loan and is not subject to additional notices as required by G.S. 45-102 and G.S. 45-103. 23. IIrrespective of the requirements outlined in paragraph 22, the Substitute Trustee has confirmed that the notice required by G.S. 53-243.11(21) has been complied with. IN ACCORDANCE WITH THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. If you have received a discharge in a Chapter 7 Bankruptcy, we are aware you are not personally obligated for this debt. Please be advised that these notices are required for foreclosure in this state.
1. YOU ARE HEREBY NOTIFIED that the Clerk of Superior Court of Rutherford County shall conduct a hearing pursuant to North Carolina General Statutes §45-21.16 with respect to the foreclosure of certain real property hereinafter set forth.The above hearing shall be conducted on September 8, 2010 at 3:00PM at: Rutherford County Clerk of Court 229 North Main Street, Rutherfordton, NC 28139. 2. The name and address of the current holder of the above-described Deed of Trust and the indebtedness secured thereby is: Bank of America, N.A., 475 Crosspoint Parkway, Getzville, NY 14068. 3. The Holder has instructed the said Substitute Trustee who has been appointed in a duly recorded instrument in the above-described Deed of Trust to institute foreclosure proceedings, pursuant to the power of sale contained therein, because of default in the failure to make payments of principal and interest under the Promissory Note secured by said Deed of Trust. 4. The Holder has accelerated the maturity of the debt secured by the abovedescribed Deed of Trust. 5. You have the right in accordance with North Carolina General Statutes Section 45-21.20 to terminate the power of sale being exercised in this foreclosure proceeding if you pay in full, or tender payment in full, the indebtedness secured by the Deed of Trust and the expenses incurred in this matter prior to the sale or prior to the expiration of the time for submitting any upset bid after sale or resale has been held. You also have the right to cure the default if allowed by the Deed of Trust. 6. The date and time of foreclosure sale will be on the September 29, 2010 at 1:30PM and the place of sale will be the Rutherford County Courthouse, at the courthouse door of the county courthouse where the property is located, or the usual and customary place where foreclosure sales are customarily held. You will be notified of any change in the hour, date and place of sale.The real property secured by the above-described Deed of Trust is located in the County of Rutherford, State of North Carolina, and is more particularly described as follows: BEING ALL OF Lot 266 as shown on survey by R.L. Greene, PLS entitled GreyRock Subdivision Phase 2A as recorded in Plat Book 26 at Page 115, said plat being one of a series of plats recorded in Plat Book 26, Page 114 through Page 118 of the Rutherford County, NC Registry, reference to said recorded plats being made for a more particular description of said Lot.SUBJECT TO a grading easement which runs the full length of Catamount Ridge Trail. TOGETHER WITH AND SUBJECT TO all easements, restrictions and rights of ways of record and an non-exclusive appurtenant easement for ingress, egress and regress is conveyed over and upon all private subdivision roads for GreyRock at Lake Lure as shown on the above described plats and the plats for Phase 1A as shown on plats recorded in Plat Book 25, at Pages 188 through 192, plats for 1B as shown on plats recorded in Plat Book 25 at Pages 205 through Page 208, plats for Phase 2A as shown on plats recorded in Plat Book 26, Pages 114 through Pages 118 and to the Covenants, Conditions and Restrictions for GreyRock as recorded in Book 858, at Page 122 of the Rutherford County Registry and also being recorded in Book 3827, Page 764, of the Buncombe County, NC Registry. BEING a portion of that property conveyed to LR Buffalo Creek, LLC by deeds recorded in Deed Book 855, at Page 816, of the Rutherford County, NC Registry and as recorded in Deed Book 3793, at Page 665 of the Buncombe County NC Registry.Save and except any releases, deeds of release or prior conveyances of record. Said Property is commonly known as Lot 266 Catamount Ridge Trail, Lake Lure, NC 28746. 7. Any right of the debtor to pay the indebtedness or cure the default if such is permitted. 8. The Holder has confirmed in writing to the person giving the notice, or if the Holder has given the notice, the Holder has confirmed in the notice, that within 30 days of the date of the notice, the debtor was sent by First Class Mail at the debtor’s last known address a written statement of the amount of principal and interest that the Holder claims in good faith is owed as of the date of the written statement, a daily interest charge based on the contract rate as of the date of the statement, and the amount of other expenses the Holder contends it is owed as of the date of the statement. 9. The Holder, or the servicer acting on the Holder’s behalf, has confirmed in writing to the Substitute Trustee giving this notice that to the knowledge of the Holder, or the servicer acting on the Holder’s behalf, within the two years preceding the date of this notice, the debtor has not sent any “written requests for information regarding a dispute or error involving the debtor’s account” (per NCGS 45-93) to the Holder or servicer. 10. You have the right to appear before the Clerk of Superior Court for Rutherford County at this hearing at which time you shall be afforded the opportunity to show cause as to why the foreclosure should not be allowed to proceed. 11. If the debtor does not intend to contest the creditor’s allegations of default, the debtor does not have to appear at the hearing and that the debtor’s failure to attend the hearing will not affect the debtor’s right to pay the indebtedness and thereby prevent the proposed sale, or to attend the actual sale, should the debtor elect to do so. 12. The Trustee, or Substitute Trustee, is a neutral party and, while holding that position in the foreclosure proceeding, may not advocate for the secured creditor or for the debtor in the foreclosure proceeding. 13. The debtor has the right to apply to a judge of the superior court pursuant to G.S. 45-21.34 to enjoin the sale, upon any legal or equitable ground that the court may deem sufficient prior to the time that the rights of the parties to the sale or resale become fixed, provided that the debtor complies with the requirements of G.S. 45-21.34. 14.The debtor has the right to appear at the hearing and contest the evidence that the clerk is to consider under G.S. 45‑21.16(d), and that to authorize the foreclosure the clerk must find the existence of: (i) valid debt of which the party seeking to foreclose is the Holder, (ii) default, (iii) right to foreclose under the DOT, (iv) notice to those entitled to notice, and (v) that the underlying mortgage debt is not a subprime loan as defined in G.S. 45‑101(4), or if the loan is a subprime loan under G.S. 45‑101(4), that the pre-foreclosure notice under G.S. 45-102 was provided in all material respects, and that the periods of time established by Article 11 of this Chapter have elapsed, then the clerk shall authorize the mortgagee or Trustee to proceed under the instrument, and the mortgagee or trustee can give notice of and conduct a sale pursuant to the provisions of this Article. 15. If the debtor fails to appear at the hearing, the Substitute Trustee will ask the clerk for an order to sell the Property being foreclosed. 16. The debtor has the right to seek the advice of an attorney and that free legal services may be available to the debtor by contacting Legal Aid of North Carolina or other legal services organizations. 17. If the foreclosure sale is consummated, the purchaser will be entitled to possession of the Property at the time of the delivery of his/her Deed, and if the prior record owner is still in possession at that time, that owner can be evicted. 18. The name and address of the Substitute Trustee are listed below. 19. You should keep the Substitute Trustee or Holder notified in writing of your address so that you may be mailed copies of the Notice of Sale setting forth the terms under which the sale will be held, as well as notice of any postponements of such sale or Notice of Resale. 20. The hearing may be held on a date later that that stated in this Notice of Hearing, and you will be notified of any change in the hearing date. 21. The subject Property shall be sold by the Substitute Trustee or his agent at the usual and customary place designated for such sales at Rutherford County Courthouse, at a specified time and date, should this obligation not be earlier satisfied. 22. As defined by §45‑101(4), the subject loan is a non‑subprime loan and is not subject to additional notices as required by G.S. 45-102 and G.S. 45-103. 23. Irrespective of the requirements outlined in paragraph 22, the Substitute Trustee has confirmed that the notice required by G.S. 53-243.11(21) has been complied with. IN ACCORDANCE WITH THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. If you have received a discharge in a Chapter 7 Bankruptcy, we are aware you are not personally obligated for this debt. Please be advised that these notices are required for foreclosure in this state.
Respectfully submitted on: 07 / 21 / 2010.
Respectfully submitted on: 07 / 21 / 2010.
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 File No. 10-03107, 728678 7/30, 8/6, 08/13/2010
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 728707 7/30, 8/6, 08/13/2010
10B — The Daily Courier, Forest City, NC, Friday, July 30, 2010
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