daily courier august 06 2010

Education officials cheer test results — Page 2A Sports Copperhead Road The Forest City Owls were looking to complete a two-game sweep of the Asheboro Copperheads on the road Thursday

Sports

Friday, August 6, 2010, Forest City, N.C.

50¢

County bridges getting attention

NATION

By JEAN GORDON Daily Courier Staff Writer

Senate votes to confirm Kagan for court Page 10A

SPORTS

Jerry Rice heads into NFL Hall of Fame Page 9A

GAS PRICES

Fugitives beware?

NC AWARE will put warrant processing into computer age

By JEAN GORDON Daily Courier Staff Writer

Low: High: Avg.:

$2.62 $2.70 $2.66

FOREST CITY — Persons in Rutherford County wanted on outstanding warrants could be a little easier to find, be arrested and pay due restitution because of a new automated program begun here a week ago. Rutherford County has joined 73 other counties to implement the NC AWARE (North Carolina Arrest Warrant Repository) automated program.

Law enforcement agencies and the Clerk of Court’s office here are working jointly to help

find wanted persons and take them into custody.

NC AWARE is a custom-developed, webbased program that was designed, written, tested and implemented by the judicial branch’s N.C. Administrative Office of the Courts. The office also trained law enforcement officers and court personnel to use the system.

NC AWARE will automate Rutherford Please see Warrants, Page 6A

DEATHS Spindale

Jennings Burgin

Forest City

Roberta Abrams Elvis Arrowood Shelley Owens, administrative secretary, left, and Deputy Lynn Hill, courthouse security/ warrant officer, go through old warrants to verify that they have been entered into the NC AWARE system. The Sheriff’s Office went online with the system on July 28.

Elsewhere

James Wicker Sr. Page 5A

WEATHER

High

Low

Larry Dale/ Daily Courier

96 70 Today today and tonight, thunderstorms.

Complete forecast, Page 10A

Please see Bridges, Page 3A

Shoppers, retailers set for tax-free weekend

By SCOTT BAUGHMAN Daily Courier Staff Writer

FOREST CITY — If you’re looking for a new computer, new wedding dress or a new wetsuit, you can get them tax free this weekend.

Vol. 42, No. 187

FOREST CITY — Bridges are under construction from the east to the west in Rutherford County.

Using federal stimulus money, bridge crew members are re-painting bridges along U.S. 74 and also on U.S. 221, north of the Rutherfordton town limits.

Crew members are working on the painting projects after dark or on weekends, said Bridge Maintenance Supervisor Scott Bailey.

The paint is being removed because of lead, Bailey explained.

The painting projects are underway at the bridge at the N.C. 120 exit and the bridge on U.S. 221 in Rutherfordton.

Bridges at Oakland Road, Broadway Avenue, Old Caroleen Road, HarrisHenrietta Road and Race Path Road are also scheduled for repainting after the old paint has been stripped.

The bridge on Crossover Road in Bostic is being replaced with a three-sided concrete box culvert, Bailey said.

“Right now we are waiting on some other final plans before we can get started back there,” he added.

Bailey said the culvert is a cost savings and will last longer.

Two bridges are also under construction on Rock Road.

One bridge was taken out and a box culvert was installed and the second bridge is being replaced with a new bridge.

On U.S. 64/74 in Lake Lure, NCDOT is completing a major bridge replacement over the Rocky Broad River that feeds into Lake Lure.

“We are looking at maybe the last of August or the middle of September being completed with the bridge,” Bailey said.

The bridge had to be replaced due to its aging and NCDOT decided to build an entire new bridge alignment.

“Rather than get on a bridge in a curve and off in a curve, you just go straight on the bridge,” he said of the replacement.

Once the new bridge passes inspection, the town of Lake Lure will take ownership of the old bridge. The town asked NCDOT for the bridge a year ago, wanting to keep and maintain it because of the pedestrian walkway along the right side of the bridge.

Also in Chimney Rock, NCDOT continues its work

The annual North Carolina Sales Tax Holiday for school supplies is under way, lasting from 12:01 a.m. this morning until 11:59 p.m. Sunday.

Some parents and teachers have been holding off on buying traditional school supplies — like notebook paper, pencils, workbooks, textbooks and so forth —

Now on the Web: www.thedigitalcourier.com

until this weekend. But not every teacher thinks skipping out on paying that N.C. share is that much of a benefit.

“I usually go to things like ‘Teacher Appreciation Days,’” said teacher Jennifer Condrey. “I spent two hours at Education Express this week. Giveaways, contests, and big sales are much more cost effective and fun than getting out on tax-free weekend.”

Kelly Armstrong added, “Buy when on sale, not tax free. I do not buy extra stuff just because it is tax free.”

Retailers are excited to see the tax holiday, though, and expect large crowds this

year.

“It is definitely a time of year where we expect big crowds and long lines,” said Morgan Womick, manager at Education Express. “We find that many teachers hold off until tax-free weekend to save that money because they’re having to spend out of pocket.

“People are buying everything from pencils to crayons to notebooks and teachers are buying decorations and books. And parents come in to buy gifts for their kids such as educational games,” Please see Tax, Page 6A

2A — The Daily Courier, Forest City, NC, Friday, August 6, 2010

State Caterpillar to expand operations, add 325 jobs SANFORD (AP) — A North Carolina factory that makes some of Caterpillar Inc.’s smallest machines will expand operations, adding 325 jobs within four years.

North Carolina on Thursday offered the Peoria, Ill.-based heavy-equipment manufacturer up to $4 million in tax refunds and grants to expand its Sanford factory. The Caterpillar plant builds tight-turning skid loaders used in landscaping and construction.

In June, Lee County commissioners offered $900,000 in upfront spending for the corporate giant’s $25 million expansion.

Last week, Caterpillar said it would build a new factory in Winston-Salem producing axle units for large mining equipment. City, county and state governments promised about $40 million to spur employment for about 500 full-time and contract workers.

DINING GUIDE

Education officials cheer test scores RALEIGH (AP) — More of North Carolina’s public schools met or exceeded expectations on standardized tests compared to the year before, and fewer schools received the lowest-performing label, state education officials announced Thursday.

The annual ABCs of Public Education report, based on results of end-of-grade and endof-course tests taken in grades 3 through 12, show 88 percent of nearly 2,500 schools that were scored met academic growth goals for the 2009-10 year, compared with 81 percent in 200809.

Test scores got a boost in part because results now include scores for students who retook end-of-course exams for high school classes because they failed the first time around, said Lou Fabrizio, the chief testing director for the Department of Public Instruction. A similar increase occurred when retest results were included for lowergrade tests for the first time a year ago.

The ABCs program, which began in 1996, also historically

has determined whether teachers at schools that are making progress on test scores would get bonuses. But that cash hasn’t been offered the last two years by the Legislature during the extended budget crisis.

Education leaders praised the results and said they reflect an increasing percentage of students with passing grades on reading and math test scores since 2007, after higher standards were implemented.

In a separate report Thursday, the public schools reported the number of ninth-graders graduating within five years is now near 75 percent, compared to around 70 percent three years ago.

“North Carolina schools are making progress in the face of economic and resource challenges, and I am proud of our schools and I’m proud of the work that goes on in the classrooms,” Superintendent of Public Instruction June Atkinson said at a news conference.

The ABCs report said 931 schools, or more than 37 per-

cent, received the highest honors, meaning at least 80 percent of students passed the tests and the schools reached growth expectations in the scores. A year ago, 627 schools reached those three highest achievement levels, or more than 25 percent.

Only 16 schools were designated as “low performing,” compared with 75 a year ago. Those schools, where more than half of the students failed the tests and didn’t meet growth expectations, can get special assistance from the state. Four of the 16 are located in the Halifax County district, which is already under intense state scrutiny for poor student performance.

The exams also serve as the basis for determining whether schools meet requirements under the federal No Child Left Behind law. Fifty-seven percent of the schools met all of the federal testing standards this year compared to 71 percent a year ago, the report said.

Fabrizio said last year’s retesting changes probably contributed to why fewer schools met federal expectations this year.

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The Daily Courier, Forest City, NC, Friday, August 6, 2010 — 3A

local

286-1123

by Chris Martin

Lunch & Dinner Specials Every Day

WHAT DRIVES A SALE?

Jean Gordon/Daily Courier

Painting stops during the day light hours and resumes in the evening at this bridge off U.S. 74 at the N.C. 120 exit ramp.

Bridges Continued from Page 1

on a bridge leading into Chimney Rock State Park.

“We are done with everything there except for the paving,” Bailey said. He added, however, NCDOT is also waiting for a permit to complete the work underneath the bridge.

Crew members will have to get under the bridge and into the river to complete the project.

“We will be putting the protection underneath,” he said “Right now we are looking at bids for paving and permits to get into the river.”

With the exception of the stimulus money for the painting projects, the other bridge projects are funded through NCDOT state money and federal funds, Bailey added.

Contact Gordon via e-mail at jgordon@thedigitalcourier.com.

Like nearly all markets, the real estate market is guided by supply and demand. While sellers want a market in which the demand outweighs the supply of homes like their own, the market may dictate otherwise. If so, sellers should bear in mind that it is possible to buck general trends and have more leverage than the marketplace would seem to allow, Maybe the seller has one of the only properties in a neighborhood deemed highly desirable by a certain buyer. Moreover, personal circumstances, not marketplace conditions, often dictate the urgency of a sale.

It may be that a relocated employee has an immediate need to move into a home.

One can never predict what may drive a sale.

A wide variety of factors come into play to determine the marketability of a property. At OdeAn Keever & AssOcIAtes, we have the experience and knowledge to assist you in maximizing the selling potential or your property. to benefit from our successful history or assisting property owners, reach us today at (828) 286 -1311. We will arrange an initial meeting. the office is conveniently located at 140 U.s. Highway 64, rutherfordton. You will benefit from our years of real estate knowledge and experience!

HInt: It sometimes happens that a property attracts the interest of only one potential buyer who eventually purchases the house. It only takes one buyer to make a sale.

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Precious MeMories

The famous author J.M. Barrie once said, “God gave us memories that we might have roses in December.” As the years pass by, I find myself retreating in my mind to the simpler days of my youth. Long hot summers in the New Mexico desert and family gatherings on Sunday afternoons were highlights of my “growing up” years. I am sure that each of us has special moments that we hold dear to us, but I believe it is the little things that sometimes make lasting impressions. Yes, we still remember weddings, births and special occasions, but the “normal” days seem to fill the gaps like the mortar around a brick wall.

It is the handshake or pat on the back at Sunday morning services or the smile and thank you at the local diner. You see it is the small things that we do that make a difference.

When someone you love passes away, the memories that flood our minds are the everyday events that culminated in a life that was lived before us. Let us all be busy making precious memories, because we never know when December will come.

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Jean Gordon/Daily Courier

DOT crew members continue to build the retainer wall outside the bridge under construction on U.S. 64/74 in Lake Lure.

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4A — The Daily Courier, Forest City, NC, Friday, August 6, 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 County needs broadband help

N

orth Carolina is a big state with a lot of up-and-coming high tech business and industry in those areas where broadband Internet service is available.

This week Gov. Bev Perdue announced that the state will receive $83 million in federal aid to try to expand broadband service to areas of the state that are under served.

We hope that some of that money comes to Rutherford County. Despite ongoing efforts, access to broadband Internet service in the county is still lacking.

Access to this service is now as important for economic development as railroads and highways once were.

Those counties that have the highspeed Internet service definitely have an advantage over areas where the service is limited. This is a part of the playing field that needs to be leveled and priority needs to go to places where the need is greatest.

Our readers’ views Says loss of freedoms can happen easily To the editor: We often hear President Obama’s critics compare him to tyrants and fascist styled socialists from the past.

However, I have to wonder just how well his critics (or his supporters) actually consider whether history validates such assessments.

Are these comparisons legitimate analogies, partisan bickering or simply vented frustration?

I doubt that any serious minded person actually believes that any American president is the Fuhrer redivivus. Nonetheless, all Americans should at least understand how other messianic styled leaders came to power and took desperate nations and often turned them into something worse.

We must remember that most mendacious moguls did not take office by force but were often voted into power by those disgruntled with the previous leadership, expensive wars, or burdensome economic situations.

Germany hoped that Hitler could restore not only the economy but the national pride stripped by the fools who met at Versailles.

Ironically, Venezuela elected Chavez in part to end the political corruption of Perez and the rise of Lenin and the Bolshevik Revolution was due to the failed policies of the Russian Provisional Government.

Political deliverers also tend to play fast and loose with constitutional law and fairly early in their administrations will

impose as much government control as their constituents will allow. These measures of control are usually pitched as regrettable but necessary evils in order to simply fix the mistakes of the past. Nonetheless, in time these controls become more and more evil and less and less necessary – but by then it is too late.

Furthermore, just as when Stalin turned to the West for help, after previously offering his allegiance to the Nazis; often a nation’s foreign policy becomes confusing with activist leaders in charge. Those who were once close allies are often ignored while a measure of reconciliation is offered to legitimate enemies.

Who can forget “Peace in Our Time” declared by a witless Neville Chamberlin after signing the Munich Agreement wherein Britain gave Germany the Sudetenland, but only if they promised to behave?

Certainly, some of today’s popular presidential comparisons to one’s favorite villain are simply unfounded and are based on nothing more than frustration and foolishness.

Nonetheless, we should be careful not to ignore the history of so many nations before us who got more change than they wanted.

ed freedom for prosperity and got neither.

Michael Snelgrove Forest City

Says profitability of tag office not relevant To the editor: John Condrey, our very capable county manager has been a real plus for Rutherford County for a long time.

On 31 July, he was quoted as saying a vehicle registration and tag office would not be a money maker for the county. If it should be a government operation, should it be a money maker?

Government tasks are to serve the people, not to make money.

The state has made it simpler to acquire a tag or to renew it.

However, everyone does not have access to a computer. We need a registration office in Rutherford County and the fact that it is not a money maker should not affect the government’s operation of such.

Ray Crawford Rutherfordton

We are likely to recognize a democidal maniac but history’s lesson is that one need not be such in order to undermine our republican form of government.

One only needs to be a popular idealist who can centralize enough control and power in order to “fix” our problems. Then he or she will leave behind yet another foolish nation who trad-

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

Stuffee, Slim Goodbody share timeless message Stuffee is being heralded as a new attraction at KidSenses museum this week. He’s a giant stuffed little boy with removable organs.

This isn’t as creepy as it sounds at first glance, but it is still kind of weird. We’ll have a write-up and some pictures in the paper soon, so you can find out more.

But staff photographer (and all around uber artist) Garrett Byers told me that when he was checking out Stuffee, he noticed a year stamped on his tag - 1983.

Wait, 1983? Really? Turns out, Stuffee has been around for quite a while and the museum has had him sort of hanging out, pardon the pun. This put in the mindset of thinking about kids and learning about health from the 1980s. And I remembered something ... vague ... about a guy who sang and danced and looked like he had his organs hanging out, just like Stuffee.

Off to Google, and behold, I see that dim memory was correct — it’s Slim

Some Good News Scott Baughman

Goodbody! Anybody remember this guy? He had a TV show on PBS when I was a child in the 1980s. And can you believe he’s still on the air in some markets?

In 1975, John Burstein created the Slim Goodbody character to help out kids at a charity hospital where he volunteered. It was the Floating Hospital in New York City, a facility built on a boat that served needy children and families.

The basic premise of the show was Burstein would put on his Goodbody bodysuit (with organs painted on it in anatomically correct places) and dance and sing and do skits with kids to help them learn about how their body works and how amazing it is when things come together biologically.

Off to Google, and behold, I see that dim memory was correct — it’s Slim Goodbody! Anybody remember this guy?

He had a TV show on PBS when I was a child in the 1980s. And can you believe he’s still on the air in some markets?

He does a stage show now, too, called Bodyology. And he’s got CDs and has clips on YouTube and so on and so forth. I spent a few minutes checking out his website and he’s still doing his shtick, some 30 years later.

There’s even a question in his FAQ about how it feels to have grown-ups that watched Goodbody as a kid bringing their own children to his shows. Burstein said he felt honored, not old, that people remember him and are passing on the knowledge.

In the past, he was all about self-esteem, saying no to drugs, combating bullying and being appreciative of the

wonder that is the human body.

“My fundamental message is ‘Your body is full of wonders. That makes you wonderful. Respect and love yourself. You are a miracle.’ My chief desire is to help children build selfconfidence and develop selfrespect,” Burstein writes on his website.

I think I might understand why I’m always Mr. Optimism as an adult.

From Slim Goodbody to Kermit the Frog, we had a lot of Pollyannas raising us through the TV back in the 1980s.

Today, Slim is taking on the problem of childhood

obesity.

“This has been a growing problem — pardon the pun — for years,” Burstein says. “I am working on two new shows — ‘Lighten UP’ a series for PBS and a stage show by that same title.

I also finished a series of classroom exercises called ‘Deskercises.’”

But Slimkeeps his optimism and positive attitude even when addressing such a sensitive issue and tries not to point the finger at kids and say things like “you’re too fat” or so forth. He teaches them about eating the right amount of fruits and vegetables and getting plenty of exercise.

When you head to KidSenses to check out Stuffee, remember that he shares a timeless message of being happy with the wonder of how you’re wonderfully made.

And that’s some good news.

Contact Baughman via e-mail at sbaughman@thedigitalcourier. com.

The Daily Courier, Forest City, NC, Friday, August 6, 2010

—

5A

Local/Obituaries/Nation

Obituaries James Wicker

Associated Press

Carol Taff of Jackson, Miss., takes advantage of a floor fan to enjoy some of the watermelon samples at the Mississippi Farmers Market at the fairgrounds in Jackson Thursday. A dangerous heat wave baked a large swath of the nation from Texas to New York on Thursday. High humidity had the heat index — a measure of how hot it feels — at more than 100 degrees in many places, and heat advisories were in effect for 18 states.

Deadly heat wave grips 18 states from Texas to N.Y. JACKSON, Miss. (AP) — This heat wave isn’t just stifling — it’s deadly.

Extreme temperatures continued Thursday across a large swath of the country, killing more than a dozen people, at least two police dogs and likely contributing to the death of Franklin the rhinoceros at a Mississippi zoo. Arkansas fire departments were volunteering to hose down overheated cattle, and people as far north as Maine were trying to stay cool.

High school football teams and marching bands practiced indoors or canceled altogether. Tennessee election officials touted air-conditioned polling places as a way to bring in voters, and many cities set up cooling centers for those who needed a break from the sun.

Residents were encouraged to check on their neighbors, especially the elderly.

The scorching temperatures and high humidity made it feel like at least 100 degrees in many places, with heat advisories in effect for 18 states.

“This heat wears on everybody,” said Sandy Shamburger, who runs Rankin Sod Farm in Brandon, Miss.

Still, not even nightfall brings much relief, with temperatures sometimes lingering in the 80s overnight.

In Columbia, S.C., 33-yearold Kylin Doster tried to stay under the shade of his umbrella stand as he hustled to serve up steaming hot dogs. He said he works from 10 a.m. to 3 p.m. on Main Street, then sets up outside a biker bar north of town from 11 p.m. to 3 a.m.

“It’s really, really hot now, but it even stays hot at night,” Doster said. “It don’t make any difference. It just stays hot.”

The heat has been blamed for at least 13 deaths in Mississippi and Tennessee alone, including a man who had a heart attack while mowing his lawn and a construction worker who was spreading concrete.

Maryland authorities on Thursday reported two heatrelated deaths from early last week.

Two concrete sections of

Police Notes Sheriff’s Reports

n The Rutherford County Sheriff’s Office responded to 93 E-911 calls Wednesday. n Kevin Leland Lawson reported that a dog killed rabbits and damaged a screened-in porch. n Leon Roberson reported the theft of a Rainbow vacuum cleaner. n Robert Toney reported the theft of medication.

Rutherfordton

n The Rutherfordton Police Department responded to 22 E-911 calls Wednesday.

Spindale

n The Spindale Police Department responded to 21 E-911 calls Wednesday.

Lake Lure

n The Lake Lure Police Department responded to six E-911 calls Wednesday.

Forest City

n The Forest City Police Department responded to 41 E-911 calls Wednesday.

n Lewis Samuel Clark reported an incident of strong-armed robbery and assault with a deadly weapon. The incident occurred on Flack Road. n Colin Debra Lynn Rojas reported a larceny. n An employee of St. Ives Reality, in Dallas, Texas, reported an incident of damage to property. The incident occurred on Plaza Drive. n Wanda Shelton reported damage to property. The

incident occurred on West Liberty Street. n Chasity Bridges reported damage to property. n Jesse Washburn reported damage to property. n An employee of Ingles, on South Church, reported an incident of shoplifting by concealment. (See arrest of Whitaker.)

Arrests n Angelica Whitaker, 30, of Ellenboro; charged with shoplifting/ concealment, possession of schedule II controlled substance and possession of schedule III controlled substance; placed under a $1,000 secured bond. (FCPD) n Venita Bennick Hill, 54, of 503 Arrowood Road; charged with harassing phone call; released on a written promise to appear.

(RCSD) n Jordan Andrew Spivey, 18, of 146 Stoneway Lane; charged with second-degree trespassing; released on a written promise to appear.

(RCSD) n Donald Christopher Reel, 25, of 159 Price Road; charged with possession of a stolen firearm; placed under a $5,000 secured bond.

(RCSD) n Susan Lynn Seay, 42, of 158 Scruggs Road; charged with felony larceny and failure to appear; placed under a $20,000 secured bond.

(RCSD) n Ginger Richard Holder, 46, of 154 Cameo Drive; charged with resisting a public officer; released on a $1,000 unsecured bond.

(RCSD)

U.S. Highway 49 in central Mississippi buckled Tuesday, when temperatures hit 103 degrees.

“I can assure you, it was probably 120 degrees on the concrete,” said Steve Grantham of the DOT. Animals also have fallen victim. Authorities also said a police dog died Wednesday from heat exhaustion in Tennessee’s Blount County after a search for two burglars. A deputy and another dog, also from the Blount County Sheriff’s Office, were treated for heat exhaustion.

A Fayette County, Ga., handler had also reported his K-9 died because of the heat, said Blount County Sheriff’s Department spokeswoman Marian O’Briant.

The heat wave has stretched far beyond the Deep South, where people are more accustomed to long, steamy summers. In the nation’s capital, temperatures have hit at least 90 degrees on 45 days so far, said National Weather Service meteorologist Heath Sheffield. There were only 22 such days last year.

James William Wicker Sr., 79, of Sanford, died on Wednesday, Aug. 4, 2010, at his home.

A native of Lee County, he was a son of the late David Virgil and Emma Steele Wicker.

He was an auto mechanic who worked for 40 years at R&N Motor Company in Sanford. He was a recipient of the Caregiver of the Year Award in 2007 from the Lee County Senior Enrichment Center.

He was also preceded in death by his wife, Rebecca Coggins.

He is survived by two sons, Russell Wicker of Rutherfordton and James Wicker Jr. of Tampa, Fla.; three daughters, Bonnie Matthews of Lillington, Janet Collins of Deep River and Annette Rankin of Sanford; one brother, David Wicker Jr. of Sanford; a sister, Betty High of Norwood; and seven grandchildren.

A memorial service will be held Saturday at 11 a.m. in the chapel at Miller-Boles Funeral Home with the Rev. Bennie Smith officiating.

Burial will follow at Turner’s Chapel Church Cemetery.

The family will receive friends Friday from 6 to 8 p.m. at Miller-Boles Funeral Home in Sanford.

Online condolences may be made at www.millerboles.com.

Jennings Burgin William Jennings Burgin, 82, of Spindale, died Thursday, Aug. 5, 2010, at Rutherford Hospital.

Arrangements are incomplete and will be announced

by Crowe’s Mortuary.

Roberta Abrams Roberta Abrams, 69, of Forest City, died Tuesday, July 27, 2010, at Hospice of Rutherford County.

Survivors include a daughter, Monique Abrams.

Ulysses D. Miller Funeral Service was in charge of arrangements.

Elvis Arrowood

Elvis Daniel Arrowood, 88, of Lee Road, Forest City, died Thursday, Aug. 5, 2010, at White Oak Manor in Rutherfordton.

A native of McCormick, S.C., he was the son of the late John Bynmu and Ruth Mandy Toney Arrowood.

He was a veteran of the Army, serving during World n James Michael Rollins, War II. He was a member of 61, of 530 Edward Street Fellowship Holiness Church Ext., Rutherfordton; charged and a retired textile employwith possession of metham- ee. phetamine and possession of Survivors include his wife, drug paraphernalia; placed Margaret Shelton Arrowood; under a $10,000 secured a daughter, Wanda Jenkins; bond. (RPD) and a number of grandchiln Elizabeth Ann Hembree, dren, great-grandchildren 22, of 61 Country View and great-great-grandchilLane; charged with breakdren. ing and/or entering, larceny after break/ enter and larceny of a firearm; released on a $30,000 unsecured bond.

(RPD) n Margaret Carson Musical groups performing Makerson, 51, of 124 Walnut tonight at the Union Mills St.; charged with possesLearning Center are the sion of drug paraphernalia; West Family, Fibergrass and released on a $500 unseFirst Time Around. cured bond. (SPD)

Correction

Citations n Terrence Briggs, 34, of Gypsy Street, Forest City; cited for second-degree trespassing; released on a written promise to appear.

(FCPD)

EMS/Rescue n The Rutherford County EMS responded to 18 E-911 calls Wednesday. n The Volunteer Life Saving and Rescue, Hickory Nut Gorge EMS and Rutherford County Rescue responded to no E-911 calls Wednesday.

Fire calls n Sandy Mush firefighters responded to a smoke report, assisted by SDO and Cliffside firefighters. n Spindale firefighters responded to a motor vehicle accident.

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.

A celebration of life service will be held Saturday at 2 p.m. at Fellowship Holiness Church with the Revs. Leon Brown and Roger Hudgins officiating. The family will receive friends one hour prior to the service.

Memorials may be made to Rutherford County Hospice, P.O. Box 336, Forest City, NC 28043.

Crowe’s Mortuary is in charge of arrangements.

Online condolences may be made at www.crowemortuary.com.

Deaths Gary Johnson SAN DIEGO (AP) — The San Diego Chargers say former defensive lineman Gary “Big Hands” Johnson has died. He was 57.

Chargers spokesman Bill Johnston says Johnson’s son, Gary Jr., confirmed his father’s death Wednesday at LSU Hospital in Shreveport, La., just more than two weeks after suffering a stroke.

Johnson, the eighth pick overall in the 1975 draft, played 10 seasons for the Chargers and became one of the most dominant defensive linemen in team history. He was a two-time All-Pro and a four-time Pro Bowler. His 17½ sacks in 1980 remain a team record.

He was traded to San Francisco during the 1984 season, when the 49ers went on to win the Super Bowl.

Johnson, who played at Grambling, was inducted into the College Football Hall of Fame in 1997 and the Chargers Hall of Fame in 1999.

James Hunter ALLEN PARK, Mich. (AP) — Former Detroit Lions cornerback James Hunter has died.

The team says he died Monday from an apparent heart attack at age 56.

Hunter played for coach Eddie Robinson at Grambling State and was from Silsbee, Texas.

Detroit drafted Hunter with the 10th pick overall in 1976. He had a career-high seven interceptions in his debut season and was NFL Rookie of the Year runner-up behind future Hall of Famer Mike Haynes.

Hunter led the Lions in interceptions in three of his seven seasons with the team and had 27 in his career, which ended because of a neck injury in 1982. He began working for AnheuserBusch in 1985.

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Mary Bradley Spurlin Mary Bradley Spurlin, age 91, of South Church Street, Forest City, NC died Wednesday, August 4, 2010 at Willow Ridge Nursing Center in Rutherfordton.

She was a native of Polk County and a daughter of the late Esker Sim Bradley and Mary Jane Owens Bradley; a homemaker, a private duty nurse and a Baptist.

She was the widow of the late Melvin Spurlin.

Survivors include a son, Don Spurlin and his wife, Jolinda of Cincinnati, Ohio; a granddaughter, Michelle S. Conley, and two great-grandchildren, Addilade Grace Conley and Sebastian Bryce Conley all of Cincinnati, Ohio.

Funeral services will be held at two o'clock Friday, August 6, 2010 in The Padgett and King Chapel with Reverend Ad Hopper officiating. Interment will follow in the Kistler's Chapel United Methodist Church Cemetery.

Visitation will be at the mortuary from 1 until 2pm prior to the service.

Memorials may be made to Hospice of Rutherford County, PO Box 336, Forest City, NC 28043.

The Padgett and King Mortuary is in charge and an online guest registry is available at: www.padgettking.com Paid obit.

6A — The Daily Courier, Forest City, NC, Friday, August 6, 2010

Calendar/Local Warrants Continued from Page 1

Ongoing Foothills Harvest Ministry: Half-price sale this week.

Washburn Community Outreach Center: Entire store halfprice sale; store open Thursday and Friday, noon to 6 p.m. and Saturday from 9 a.m. to 2 p.m.; center will also be offering a GED program this fall, call 245-5603 for details.

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.

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, Aug. 6 Stuff the Bus: 9 a.m. to 9 p.m., Wal-mart parking lot; school supply drive hosted by Communities in Schools Rutherford County; needed supplies include paper, pencils, notebooks, backpacks, colored pencils, crayons, pencil holders, spiral composition books and pencil sharpeners.

SWEEP (Solid Waste Environmental Education Panel) meeting: noon, GDS at 141 Fairgounds Road; for more information, visit www.sweeprecycles.com.

Saturday, Aug. 7 Yard sale to benefit a cancer patient: 7 a.m. until, on BosticSunshine Highway between Sammy’s and Washburn Store.

Blood drive: 7:30 a.m. to noon, Cliffside Masonic Lodge; all presenting donors will be entered in a drawing for a chance to win a $1,000 gift card; please call 2457606 to schedule an appointment.

Fall ball signups: 9 a.m. to 5 p.m., Crowe Park; open to all local league players ages 4 to 12; $30 per child, $10 additional child; sign ups will also be held Aug. 14 from 11 a.m. to 2 p.m. at Cliffside Little League and Aug. 15 from 2 to 4 p.m. at Harris Little League.

For more information, call Donnie at 429-3315.

Stuff the Bus: 9 a.m. to 9 p.m., Wal-mart parking lot; school supply drive hosted by Communities in Schools Rutherford County; needed supplies include paper, pencils, notebooks, backpacks, colored pencils, crayons, pencil holders, spiral composition books and pencil sharpeners.

Rutherford County Soccer Association walk in soccer registration: 10 a.m. to 2 p.m., Spindale House; for ages 4 to 12; cost is $40 per player, $35 per sibling; all players must provide a copy of their birth certificate; for information, call 286-0073 or e-mail rutherfordcountysoccer@ yahoo.com.

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 adultsupervised access to the Internet.

Barbecue fundraiser: 11 a.m. until sold out, Temple of Jesus; menu includes ribs/chicken, potato salad, corn on the cob, cole slaw, baked beans, etc.; fundraiser for the Mary B. Mullen Bible Camp.

County’s manual processes for orders of arrest, and will better help magistrates and law enforcement officers process unserved warrants, explains Robynn Spence, Clerk of Court.

Overall, the system will better help law enforcement to fight crime, officials said.

The process also cuts down the days it can take for arrest warrants to be processed, picked up or mailed, officials said.

During a routine traffic stop, a law enforcement officer can use NC AWARE to get the information needed to apprehend someone who is wanted for other offenses, Spence explained.

The program allows an officer to print a pre-existing warrant from a computer and take the suspect directly into custody. NC AWARE provides information about a person’s criminal record in all counties of the state.

Rutherford County Sheriff Jack Conner said the system is new and some issues are being ironed out, but “we are trying to utilize it the best we can.

“This is also helping us on back logs,” Conner said. “Some one may move away because there is a warrant on them, go to another county in the state, but when the name is run on NC AWARE, this will be a plus for us.

They can be arrested on the spot.”

“We are now on the verge of completing (outfitting) all road patrol cars with their own data terminals, detectives have their terminals, and we are hoping by the end of this calendar year, we’ll all be up and running,” he added.

Karla Towler, who works in the criminal division, Rutherford County Clerk of Court, said the office has already converted at least 15 old warrants since NC AWARE went online last Wednesday.

She said last Friday, a Wake County law enforcement officer stopped a car, and discovered the driver had eight different outstanding warrants from Rutherford.

The Wake officer found the war-

Tax Continued from Page 1

Womick said. “We look forward to this weekend every year and try to get all three of our stores stocked with extra stuff.”

Clothing that will be tax free includes: aprons, athletic supporters, baby receiving blankets, bandannas, Bathing suits and caps; beach capes and coats, belts and suspenders, boots; overshoes, coats, jackets, capes, and wraps, costumes (does not include costume masks sold separately), diapers (children and adults, including disposables), earmuffs;

OCEAN ISLE BEACH (AP) — Scientists are collecting samples of water, sand, fish and shellfish to show what the North Carolina coast looks like without the taint of oil or other pollutants.

Scientists for the state and the University of North Carolina at Wilmington are working to document what lives in and around the unspoiled surf, preparing for a day when the samples may be needed to show the condition of the ecosystem before it was sullied, The News & Observer of Raleigh reported Thursday.

“Having that data in the bank,” North Carolina Sea Grant executive director Michael Voiland said, “is not

Forest City Heat Basketball Skills Camp: Aug. 9-12, Cool Springs Gym; for ages 6 to 15; for information, call Larry Ross, 2476102 or 223-0155.

PROMISE Support Group: 6 p.m., Hospice of Rutherford County; group is for any parent who has lost a child of any age; the group will also be conducted next quarter, so call to register; offered at no cost.

gloves and mittens for general use; hats and caps; hosiery; scarves, formal wear (does not include rentals), garters and garter belts; girdles; leotards and tights; panty hose; socks; stockings and footlets; underwear, insoles for shoes, jogging suits, lab coats, neckties, rainwear, rubber pants, sandals; shoes and shoelaces; slippers; sneakers; steel-toed shoes, uniforms (athletic and nonathletic uniforms when purchased for nonbusiness use), Wedding apparel (does not include rentals.)

Sports equipment that will be taxfree includes: Ballet and tap shoes, cleated or spiked athletic shoes, gloves (baseball, bowling, boxing, hockey,

golf, and other sports) goggles, hand and elbow guards, helmets (bicycle, skating, baseball, and other sports), life preservers and vests, mouth guards, roller and ice skates, shin guards, shoulder pads, ski boots, waders, wetsuits, and fins.

Other items included are traditional school supplies like crayons, rulers, pencils, pens, etc. and computers and computer supplies.

A full list of stipulations can be found at the N.C. Dept. of Revenue website at www.dor.state.nc.us/taxes/ sales/salestax_holiday.html.

Funds for the $13-million NC AWARE came from the N.C. General Assembly and the N.C. Governor’s Crime Commission. It was launched as state officials worked to fix problems brought to light in the wake of last year’s slayings of Duke University graduate student Abhijit Mahato and University of North Carolina at Chapel Hill senior Eve Carson.

Suspects in the shootings were on probation at the time of the crimes.

An internal investigation into their cases found the suspects whom the probation system had overlooked, in part, because of heavy case loads and a lack of a central system from which probation officers could obtain court information about offenders, said a Wake County news reporter.

Contact Gordon via e-mail at jgordon@thedigitalcourier.com.

Contact Baughman via e-mail at sbaughman@thedigitalcourier.com.

a bad thing.”

Sea Grant provided $6,000 for the scientific snapshots of shore conditions at six beaches from Ocean Isle north to Hatteras.

Gov. Beverly Perdue this week signed into law a bill that removes limits of responsibility for an offshore oil spill. Perdue previously directed state officials to update the state’s oil spill contingency plan to prepare for the unlikely event that oil from BP’s well in the Gulf of Mexico fouled North Carolina waters.

In June and July, the state gathered extensive samples of sea life from 34 spots up and down the coast. Oysters, shrimp, crabs and a wide variety of fish were collected to create a snap-

shot of an oil-free environment.

On Wednesday, about a dozen researchers gathered samples at Ocean Isle Beach. Some walked a 50-meter-long seine net into chesthigh water, then slowly returned to the beach with scores of Florida pompano, striped mullet and gulf kingfish.

Researchers will take tissue samples from the fish, analyze their oils and fats, and examine the contents of their stomachs. The fish will be tested for parasites. Some tissue samples will be frozen and archived.

“We have a series of tests that tells us how happy and healthy these fish are,” marine biology professor Thomas Lankford said.

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Half-price sale: 9 a.m. to 1 p.m., Chase Corner Ministries; the yard area is open to the community to use for yard sales during this time.

Monday, Aug. 9

“I owe a big thank you to all the law enforcement agencies within the county for all of their help and cooperation,” she added.

When AOC notified Spence the county would have to go live earlier than originally planned, she had two days to organize a kick-off meeting with everyone. “Without any hesitation the agency leaders cleared their schedules to attend and set up training time for their officers,” Spence said.

“Without them stepping up to the plate for me, going live on NC AWARE could not have been as successful as it has been,” Spence said.

Launched in June 2008 in Johnson County, the system is rolled out county-by county throughout the state. All counties are expected to implement the program by the end of December.

When fully launched, NC AWARE will serve more than 35,000 of these users and will contain more than five million records.

NC AWARE was developed in conjunction with law enforcement officials, magistrates, clerks of court and district attorneys around the state.

Partner agencies are the State Bureau of Investigation, all local law enforcement agencies, the Department of Correction, the division of Motor Vehicles and the NCHP.

Scientists get coastal oil-free baseline

Sunday, Aug. 8

Stuff the Bus: 1 to 4 p.m., Walmart parking lot; school supply drive hosted by Communities in Schools Rutherford County; needed supplies include paper, pencils, notebooks, backpacks, colored pencils, crayons, pencil holders, spiral composition books and pencil sharpeners.

rants through the NC AWARE program, notified Rutherford County officers and the clerk’s office was able to convert the warrants electronically so they could be served in Raleigh.

Jason Cody Lattimore, who has a Rutherfordton address, but was living in Wake County, faces failure to appear, unsealed alcohol in an automobile, carrying concealed weapon and possession of marijuana up to half an ounce charges. He will receive a new court date for the 2002 charges, Towler said.

A woman from Rutherford County was arrested Sunday on a traffic stop, from a 2003 warrant.

“We have served several people, especially those with new warrants,” Towler said.

Towler said many of the offenders, discovered through NC AWARE since last Wednesday, were arrested and have new court dates.

Sgt. Brian Gilreath said the NCHP will begin the program as soon as a few issues are ironed out with the department. Gilreath agrees it is an excellent program, and highway patrol will be able to serve the warrants on people who otherwise haven’t been located.

“Sometimes it was very difficult to serve the warrants . . .Now it is all electronic. We have a couple more things to put in place,” Gilreath added before state troopers here are online.

The original roll out date here was December 2010, but since the Rutherford County Detention Center houses Mitchell County inmates and Mitchell was going live on July 28, Rutherford also had to begin the program.

“I have spoken to several of the Clerk of Courts who have been on the system for some time now and they have had great success in getting old warrants served just through traffic stops,” Spence said.

She also said there are thousands of un-served warrants in her office dating back to 1980. “It would be wonderful if we could get a majority of those cases disposed. I’m anxious to see in the next few months how many warrants do actually get served by the help of the NC AWARE System,” she said.

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The Daily Courier, Forest City, NC, Friday, August 6, 2010 — 7A

Inside Scoreboard . . . . . . . . . Page 8A Forest City Owls . . . . Page 8A Jerry Rice . . . . . . . . . . Page 9A

Forest City Goes For The Sweep

Panthers RT Otah has knee surgery SPARTANBURG (AP) — Carolina right tackle Jeff Otah had arthroscopic surgery on his troublesome left knee on Wednesday, a procedure the Panthers hope he’ll recover from in time to play in the regular-season opener.

Otah was placed on the physically unable to perform list when he arrived a training camp last week, still experiencing discomfort following surgery in December to repair torn cartilage that knocked him out of the final three games.

Coach John Fox said Otah, who had yet to practice in training camp, returned to Charlotte Wednesday to be examined and it was decided to do the second surgery.

“I think it was a good move and something he’ll recover from pretty quickly,” Fox said.

Fox was hopeful Otah, a key cog in Carolina’s offensive line, will be in the lineup on Sept.

12 at the New York Giants in Week 1.

“As with all injuries, it’s hard to predict,” Fox said. “But that’s the plan.”

A first-round pick in 2008, the 6-foot-6, 335-pound Otah immediately became a starter and has helped open holes for one of the league’s top rushing tandems of DeAngelo Williams and Jonathan Stewart.

Geoff Schwartz has been working at right tackle in camp, and Otah’s absence means the Panthers will likely have an inexperienced right side of the offensive line for much of the preseason.

Schwartz has three career starts, all after Otah was injured last season. Mackenzy Bernadeau, the front-runner to start at right guard after Keydrick Vincent wasn’t resigned, has started seven games.

Atlanta to lose 1 Cup date next year ATLANTA (AP) — Atlanta Motor Speedway will host just one NASCAR Sprint Cup race in 2011.

The track announced Thursday it will hold a 500mile Cup race at the track on Labor Day weekend next year.

It marks the first time since the track opened in 1960 that it will not host two Cup events in a season.

Local Sports BASEBALL Coastal Plain League 2010 Petitt Cup Playoffs Round One, Best-of-3 7 p.m. Game 3: Asheboro Copperheads at Forest City Owls, McNair (if needed).

On TV Noon (ESPN2) ATP Tennis U.S. Open Series: Legg Mason Classic, First Quarterfinal.

2 p.m. (ESPN2) NASCAR Racing Nationwide Series: Zippo 200 at the Glen, Final Practice.

7 p.m. (ESPN2) ATP Tennis U.S. Open Series: Legg Mason Classic, Fourth Quarterfinal.

9 p.m. (ESPN2) Boxing Friday Night Fights. Antonio Diaz (46-6-1, 29 KOs) vs. Ed Paredes (24-3-1, 15 KOs), welterweights, 10 rounds.

11 p.m. (ESPN2) WTA Tennis U.S. Open Series: Mercury Insurance Open, Fourth Quarterfinal.

11 p.m. (SHO) Boxing ShoBox: The New Generation.

Garrett Byers/Daily Courier

Forest City’s Reed Harper (4) applies the tag on an attempted stolen base in this Courier file photo. Harper and the Owls were in Asheboro Thursday for Game 2 of the Best-of-3 opening playoff series. Please see Owls, Page 8A.

Carolina Panthers’ James Anderson, left, tackles Tyrell Sutton (22) during practice at the NFL football team’s training camp in Spartanbrug, S.C. Garrett Byers/Daily Courier

Anderson happy to have his chance SPARTANBURG (AP) — James Anderson raced through the line and helped level running back Josh Vaughan short of the goal line during Carolina’s first full-contact scrimmage of training camp on Wednesday. Anderson jumped to his feet, flung his arms and yelled.

It was the type of play the Panthers need from Anderson, who has gone from a player on the cut line to starting strongside linebacker on a revamped, youthful defense.

“It’s a great feeling to know that you have a spot where they’re telling you to go play. Most times it’s trying to earn a spot to get a jersey,” Anderson said. “When you have come in as a guy who has an opportunity to be the

starter it’s a different kind of position. It’s an honor to play there.”

Not that the 26-year-old Anderson wouldn’t mind staying where he finished last season. When Thomas Davis went down with a knee injury, Anderson started at weakside linebacker and collected 54 tackles over the final six games, the best stretch in his four years in Carolina.

But when Davis tore his anterior cruciate ligament for a second time in June, Anderson didn’t return to that playmaking spot in Carolina’s Cover-2 defense. Instead, the Panthers moved Jon Beason from middle linebacker to weakside, inserted Dan Connor in the middle and Anderson at strongside to replace

Na’il Diggs, who was released.

“I didn’t know what they were going to do,” Anderson said. “I had an idea they may try to put me back over there because of the way I played last season. They will figure out what’s the best combination for us to win games.”

Coach John Fox hasn’t ruled out making changes, but seems comfortable with the current configuration.

“Those guys are trained to play a lot of different positions, and James has even played in the middle for us,” Fox said. “Right now, we’re just trying to evaluate who our top three guys are and we’ll continue that through

Please see Anderson, Page 8A

Stewart gearing up for Watkins Glen WATKINS GLEN, N.Y. (AP) — Tony Stewart seems to be right on schedule — it’s hot, and so is the driver known as Smoke.

Stewart, who typically thrives in the heat of summer, has three straight top-10 finishes, including a runner-up last week at Pocono, and sits a solid eighth in the NASCAR Sprint Cup points standings as the series heads to Watkins Glen International.

Stewart might not be as hot as he has been in years past at this juncture of the season, but a strong finish at Watkins Glen is almost a lock. He’s won four of the past six races over the 11-turn, 2.45-mile layout, finishing second the two times he didn’t win, and has a record five victories at the storied track in the Finger Lakes region of upstate New York.

“I pinpoint this race,” Stewart said.

“Every time you win here, it makes it that much easier to come back and be that much more excited about it. That’s something that I’m really proud of. It

Associated Press

Marshals sweep the track near the start/finish line at The Glen on Thursday in Please see Stewart, Page 8A Watkins Glen, N.Y., as they prepare for Sunday’s NASCAR auto race.

8A — The Daily Courier, Forest City, NC, Friday, August 6, 2010

sports Owls-Copperheads rained out in Asheboro From staff reports

FOREST CITY — Game two of the first round of the Coastal Plain League’s Petitt Cup Playoffs between the Forest City Owls and the Asheboro Copperheads was suspended Thursday due to rain.

The two teams will meet in Asheboro tonight night at 6 p.m., to play game two of the series.

If needed game three will be played following game two as part of a double header in Asheboro.

Both games will be seven innings.

Forest City holds a 1-0 lead in the best of three series. Forest City is the No. 1 seed in the Coastal Plain League playoffs.

Hinske, Braves slide past Giants, 3-2

ATLANTA (AP)—Eric Hinske snapped an 0-for17 hitless streak with a tiebreaking, sixth-inning home run off Tim Lincecum to help the Atlanta Braves to a 3-2 victory over the San Francisco Giants on Thursday night.

Alex Gonzalez hit a two-run homer in the second inning—his second as a Brave—for the only other runs off Lincecum (11-5).

Jair Jurrjens (4-4) went six innings for the Braves, allowing seven hits, two runs and three walks. He struck out three.

Billy Wagner picked up his 26th save in 31 attempts with a scoreless ninth.

Lincecum, who had won six of his seven previous starts against Atlanta, gave up six hits and three runs in 6 1-3 innings, walking three and striking out seven.

New Panthers president Morrison a tireless worker

SPARTANBURG, S.C. (AP) — Danny Morrison was in his office a 7 a.m. Thursday, hustled off to speak at a Charlotte luncheon, drove 90 minutes here to Carolina’s training camp and ran the steps in the football stadium in near 100-degree heat before heading to Panthers practice.

The new team president was in near constant motion during the afternoon workout on the campus of his alma mater. He shook hands with fans lined up along the fence, handed water bottles to guests of sponsors, asked questions of staff and was seemingly oblivious to the heat.

Coming up on a year since Morrison took a tough job — working for demanding owner Jerry Richardson — in a tough spot — replacing Richardson’s son, Mark, whom his father fired — Morrison is becoming one of the most visible faces of the franchise.

“I love sticking my head out and watching practice,” Morrison said. “I like to watch our coaches, our support staff.”

And the slim, sliver-haired 56-year-old somehow seems to never sweat or get ruffled juggling his hectic schedule. It’s no surprise to the man who gave Morrison his first big job — athletic director at Wofford — at age 31.

“Once I said, ’Danny, we could walk across campus, you could put on a suit and it’s going to be raining like the dickens. By the time we get to the other end, he’ll have no raindrops on you,”’ said Joe Lesesne, the school’s retired president. “It drives me crazy.”

Lesesne started laughing, proud that Morrison is back on campus, where he taught him history as a freshman and watched him play basketball for the Terriers. It was then that Morrison met Richardson, a Wofford alum and then a successful businessman in Spartanburg.

Morrison later helped lure the Panthers here for training camp by raising enough money to build the facilities, then even worked himself to fix problems with the fields himself before Carolina arrived for its first camp in 1995.

After leading Wofford’s move from NAIA to NCAA Division II and then Division I, Morrison served as Southern Conference commissioner and AD at Texas Christian University before returning to his native North Carolina to run the Panthers’ business operations and Bank of America Stadium.

“He hasn’t changed. He’s got more energy than the rest of us put together,” said Lesesne, who now works on Wofford football coach Mike Ayers’ staff.

“He’s smart and acts dumb. Smart as a whip and tries to act dumb so he’ll learn more from you.”

Since taking over in late September, Morrison has quickly learned the NFL while also smoothing over difficulties the franchise had with Richardson’s feuding sons. Seventh months after getting a heart transplant, Richardson fired Mark and Jon, who ran the stadium operations.

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Scoreboard BASEBALL National League East Division W L Pct 61 46 .570 59 48 .551 54 54 .500 53 54 .495 48 60 .444 Central Division

W L Pct Cincinnati 61 48 .560 St. Louis 60 48 .556 Milwaukee 50 59 .459 Houston 47 60 .439 Chicago 47 61 .435 Pittsburgh 37 70 .346 West Division

W L Pct San Diego 62 44 .585 San Francisco 62 46 .574 Colorado 56 51 .523 Los Angeles 56 52 .519 Arizona 40 68 .370

Atlanta Philadelphia New York Florida Washington

GB — 1 6 1/2 7 23

American League

New York Tampa Bay Boston Toronto Baltimore

Chicago Minnesota Detroit Cleveland Kansas City

East Division W L Pct 67 40 .626 67 41 .620 61 47 .565 56 52 .519 34 73 .318 Central W 61 61 53 46 46

Division L Pct 46 .570 48 .560 54 .495 62 .426 62 .426

GB — 1/2 6 1/2 11 1/2 33 GB — 1 8 15 1/2 15 1/2

West Division W L Pct 62 45 .579 54 53 .505 54 55 .495 40 68 .370

TRANSACTIONS Thursday’s Sports Transactions BASEBALL COMMISSIONER’S OFFICE — Suspended Houston minor leaguers RHP Daniel Meszaros, SS Marcos Cabral and C Jonathan Fixler; N.Y. Mets minor league LHP Zachary Dotson, Oakland minor league OF Zachary Hurley and free agent minor league P Luis Mercedes 50 games after testing positive for a performance-enhancing substance in violation of the Minor League Drug Prevention and Treatment Program.

MAJOR LEAGUE BASEBALL — Suspended Cleveland third base coach Steve Smith two games and fined Smith, Cleveland RHP Jensen Lewis, Boston RHP Josh Beckett, Boston OF Mike Cameron, Boston OF Jacoby Ellsbury, Boston 2B Dustin Pedroia and Boston 1B Kevin Youkilis undisclosed amounts for their parts in an on-field incident during Tuesday’s game.

American League BALTIMORE ORIOLES — Placed RHP David Hernandez on the 15-day DL. Selected the contract of RHP Armando Gabino from Norfolk (IL).

KANSAS CITY ROYALS — Designated OF/DH Jose Guillen for assignment. Selected the contract of RHP Philip Humber from Omaha (PCL).

TORONTO BLUE JAYS — Placed C John Buck on the 15-day DL. Selected the contract of C J.P. Arencibia from Las Vegas (PCL).

National League ATLANTA BRAVES — Placed RHP Kris Medlen on the 15-day DL. Recalled RHP Cristhian Martinez from Gwinnett (IL).

COLORADO ROCKIES — Placed RHP Aaron Cook on the 15-day DL. Recalled INF Chris Nelson from Colorado Springs (PCL).

Continued from Page 7A

camp.”

But wouldn’t Anderson want to play on the weakside, where he could roam free and use his speed to make plays instead of getting tied up with fullbacks and tight ends on the other side?

“I would prefer where coach Fox says James Anderson goes,” Anderson said, smiling and in a diplomatic tone.

Really, Anderson can’t do much complaining after an uneventful, and perhaps disappointing, start to his career. A third round pick from

Stewart Continued from Page 7A

definitely gives me an advantage when we come here, at least in my mind.

“I know how to win here.

There’s no guarantee that it’s going to happen again this time around, but it definitely is one of the races on the schedule that we’ve got circled.”

Stewart’s second year as an owner-driver has been solid but a bit off his impressive first year. In 2009, he won four times and led the points standings by a wide margin after 26 races before Jimmie Johnson stormed back in the Chase to capture his fourth straight Cup title.

“I guess it is easier, a little bit,” Stewart said. “Last year, being the first year, especially the first half of the season, there were a lot of question marks — what to do and how to do this and that. At least going to Daytona

GB — 8 9 22 1/2

Wednesday’s Games N.Y. Yankees 5, Toronto 1 Oakland 4, Kansas City 3 Chicago White Sox 4, Detroit 1 Baltimore 9, L.A. Angels 7 Cleveland 9, Boston 1 Minnesota 2, Tampa Bay 1, 13 innings Texas 11, Seattle 6 Thursday’s Games Minnesota 8, Tampa Bay 6 Chicago White Sox 6, Detroit 4, 11 innings Baltimore 5, L.A. Angels 4 Boston 6, Cleveland 2 Texas at Seattle, late Friday’s Games Boston (C.Buchholz 11-5) at N.Y. Yankees (Vazquez 9-7), 7:05 p.m.

Chicago White Sox (Danks 11-8) at Baltimore (Bergesen 3-9), 7:05 p.m.

L.A. Angels (Jer.Weaver 10-7) at Detroit (Verlander 12-6), 7:05 p.m.

Minnesota (Liriano 10-7) at Cleveland (J.Gomez 2-0), 7:05 p.m.

Tampa Bay (Garza 11-5) at Toronto (Cecil 8-5), 7:07 p.m.

Texas (Cl.Lee 9-5) at Oakland (Braden 6-7), 10:05 p.m.

Kansas City (Greinke 7-10) at Seattle (French 0-2), 10:10 p.m.

Saturday’s Games Tampa Bay at Toronto, 1:07 p.m.

Boston at N.Y. Yankees, 4:10 p.m.

Texas at Oakland, 4:10 p.m.

Chicago White Sox at Baltimore, 7:05 p.m.

L.A. Angels at Detroit, 7:05 p.m.

Minnesota at Cleveland, 7:05 p.m.

Kansas City at Seattle, 10:10 p.m.

Sunday’s Games L.A. Angels at Detroit, 1:05 p.m.

Minnesota at Cleveland, 1:05 p.m.

Tampa Bay at Toronto, 1:07 p.m.

Chicago White Sox at Baltimore, 1:35 p.m.

Texas at Oakland, 4:05 p.m.

Kansas City at Seattle, 4:10 p.m.

Boston at N.Y. Yankees, 8:05 p.m.

Anderson

FLORIDA MARLINS — Signed 3B Chad Tracy.

Optioned OF Bryan Petersen and C Brad Davis to New Orleans (PCL). Activated C Brett Hayes from the 15-day DL. HOUSTON ASTROS — Agreed to terms with INF/OF Delino DeShields Jr. and assigned him to Kissimmee (GCL).

NEW YORK METS — Promoted RHP Jenrry Mejia from St. Lucie (FSL) to Binghamton (EL). and OF Kirk Nieuwenhuis from Binghamton to Buffalo (IL).

Eastern League READING PHILLIES — Promoted 1B Matt Rizzotti to Lehigh Valley (IL).

Midwest League QUAD CITIES BANDITS — Announced RHP Jesse Simpson has been transferred to Palm Beach (FSL) and RHP Jose Rada has been transferred from Batavia (NYP).

American Association EL PASO DIABLOS — Signed RHP James LoPresti and RHP Jesus Estrada. Released RHP Wayne Hedden.

ST. PAUL SAINTS — Released INF Josh Peterson.

SHREVEPORT-BOSSIER CAPTAINS — Signed INF Jeff Hulett. Released RHP Cody Kelley.

WICHITA WINGNUTS — Sold the contract of LHP Justin Dowdy to the Tampa Bay Rays, who assigned him to Montgomery (SL). Traded OF Steve Pearson to Sioux City for RHP Jae Jung.

Can-Am League QUEBEC CAPITALES — Released OF Jared Lemieux.

SUSSEX SKYHAWKS — Signed RHP James R. Kennedy. Released INF Landry Walker.

FOOTBALL National Football League DENVER BRONCOS — Placed WR Kenny McKinley and S Josh Barrett on injured reserve.

SEATTLE SEAHAWKS — Signed DT Quinn Pitcock.

HOCKEY National Hockey League BUFFALO SABRES — Re-signed D MarcAndre Gragnani to a one-year contract.

DETROIT RED WINGS — Agreed to terms with C Mike Modano on a one-year contract.

NASHVILLE PREDATORS — Traded F Mike Santorelli to Florida for a 2011 fifth-round draft pick.

OTTAWA SENATORS — Re-signed D Geoff Kinrade to a one-year contract. Signed F Corey Cowick.

American Hockey League BRIDGEPORT SOUND TIGERS — Agreed to terms with D Matt Duffy, D Corey Syvret, F Justin Taylor and F Mike Sellitto on one-year contracts.

SOCCER Women’s Professional Soccer SKY BLUE FC — Named Jennifer Grubb and Jim Moore assistant coaches.

COLLEGE ATLANTIC-10 CONFERENCE — Named Jason Leturmy director of media relations and communications and Lucas Feller director of championships.

ALBANY, N.Y. — Named Matt Scott assistant football coach.

ARMY — Named Pamela Flenke athletic communications assistant.

DEFIANCE — Named Danny Cornely graduate assistant football coach.

MARSHALL — Named Michael Brown director of men’s basketball operations.

MEREDITH — Named Kim Scavone softball coach.

METHODIST — Announced the resignation of women’s soccer coach Tony Tommasi to take a similar position at Buena Vista. Named Bryan Madej women’s interim soccer coach.

NORTHERN ILLINOIS — Granted graduate C Sean Kowal a release from the men’s basketball team.

OHIO STATE — Named Ryan Potter men’s assistant golf coach.

ROSE-HULMAN — Announced the resignation of football coach Steve Englehart to become offensive coordinator at Indiana State. Promoted Jayson Martin to interim football coach.

ST. SCHOLASTICA — Named Mike Sertich men’s assistant hockey coach.

Virginia Tech in 2006, the 6-foot-2 Anderson played mostly special teams as a rookie, before getting two sacks in the season finale.

But Anderson’s development was slow, and he was on the inactive list for the final six games in 2007 and for eight more a year later. It put his future in jeopardy until his strong end to last season.

The Panthers gave Anderson, a restricted free agent, a one-year, $1.176 million tender.

“It’s definitely a good point for me in my career, especially this being the fifth year and to be the starter and be the guy,” Anderson said. “It’s a different feeling from being a rookie not knowing what to do.”

it was a lot calmer than it was last year. We just have that experience after the first year. It doesn’t mean you know everything you need to know, but at least you have an idea where your program is.”

Although Stewart has yet to win this year, he’s 189 points ahead of 13th-place Mark Martin in the standings, a comfortable cushion as the regular season winds down. Only five races remain before the 10-race Chase begins, with only the top 12 drivers qualifying.

“We’re in a position right now where I can’t say we’re truly comfortable where we’re at, but as long as we don’t have a major catastrophe we should be OK,” Stewart said. “I wish you could tell me it (a win at Watkins Glen) was a guarantee versus an opportunity. But it is nice knowing that it is a place where, if nothing else, we can maintain.”

Stewart has seven road course victories, just two behind all-

time NASCAR leader Jeff Gordon, a four-time winner at The Glen. Last August, Stewart led 34 laps of the 90-lap race, which was delayed a day because of rain, and held off Marcos Ambrose over the final 25 laps.

“He’s been so close. He’s chomping at the bit,” Stewart said. “We’ve actually become better friends over the last year and, trust me, he has got the desire. He’s one of those guys I don’t really want to see next to me on a restart.”

Most of the drivers will see a somewhat different track this year. Bad crashes in each of the past two Cup races at The Glen prompted the largest improvement project at the track in five years. SAFER (Steel and Foam Energy Reduction) barriers have been installed in the area of the chicane, or inner loop, and final turn, guard rails have been moved back in turn 9, and gravel areas have been paved in.

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GB — 1/2 11 13 13 1/2 23

Wednesday’s Games Cincinnati 9, Pittsburgh 4 Chicago Cubs 15, Milwaukee 3 Colorado 6, San Francisco 1 Atlanta 8, N.Y. Mets 3 Philadelphia 7, Florida 2 St. Louis 8, Houston 4 Washington 7, Arizona 2 L.A. Dodgers 9, San Diego 0 Thursday’s Games Pittsburgh 5, Colorado 1 Philadelphia at Florida, late Atlanta 3, San Francisco 2 Washington at Arizona, late San Diego at L.A. Dodgers, late Friday’s Games Cincinnati (Arroyo 11-6) at Chicago Cubs (Gorzelanny 6-5), 2:20 p.m.

Colorado (Hammel 7-6) at Pittsburgh (Duke 5-10), 7:05 p.m.

St. Louis (Wainwright 15-6) at Florida (Nolasco 12-7), 7:10 p.m.

N.Y. Mets (Niese 7-5) at Philadelphia (Blanton 4-6), 7:35 p.m.

San Francisco (Zito 8-6) at Atlanta (Hanson 8-8), 7:35 p.m.

Houston (W.Rodriguez 9-11) at Milwaukee (Bush 5-9), 8:10 p.m.

San Diego (Garland 10-7) at Arizona (D.Hudson 1-0), 9:40 p.m.

Washington (Lannan 2-5) at L.A. Dodgers (Kershaw 10-6), 10:10 p.m.

Saturday’s Games Cincinnati at Chicago Cubs, 1:05 p.m.

Colorado at Pittsburgh, 7:05 p.m.

N.Y. Mets at Philadelphia, 7:05 p.m.

Houston at Milwaukee, 7:10 p.m.

San Francisco at Atlanta, 7:10 p.m.

St. Louis at Florida, 7:10 p.m.

San Diego at Arizona, 8:10 p.m.

Washington at L.A. Dodgers, 10:10 p.m.

Sunday’s Games St. Louis at Florida, 1:10 p.m.

Colorado at Pittsburgh, 1:35 p.m.

N.Y. Mets at Philadelphia, 1:35 p.m.

San Francisco at Atlanta, 1:35 p.m.

Houston at Milwaukee, 2:10 p.m.

Cincinnati at Chicago Cubs, 2:20 p.m.

San Diego at Arizona, 4:10 p.m.

Washington at L.A. Dodgers, 4:10 p.m.

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sports

Greatest ever? Jerry Rice heads into Hall of Fame

By JOSH DUBOW AP Sports Writer

SAN FRANCISCO — The stories about Jerry Rice’s unparalleled work ethic are as much a part of his legend as numbers that made him the NFL’s greatest receiver.

The young boy who gained his speed by chasing after horses. The dedicated son who learned about determination from his father while catching bricks during sweltering Mississippi summers.

The teenager sent to the football coach because of the speed he showed running away from a principal while playing hooky. And the frequent 2 1/2-mile uphill sprints that kept him in tiptop shape as an NFL star.

For former teammate Steve Young, the story that best describes Rice’s drive comes a few weeks after the San Francisco 49ers won the Super Bowl in January 1995.

Young arrived one day at the team’s practice facility to clean out his locker and saw Rice out on the field running sprints and catching passes from the groundskeeper nearly seven months before the start of the next season.

“When people talk about Jerry’s work ethic and say, ’Oh it’s really extreme, they do it a disservice,” Young said. “There’s an iron will to it. It’s over his dead body. Jerry to the core was driven. You belittle that drive by saying he had just a great work ethic. Most people have an off switch and they choose when to go all out. Jerry didn’t have an off switch.”

Rice kept that switch on since he started playing high school in Mississippi, through his recordsetting college career at Mississippi Valley State, to a 20-year career in the NFL that landed him in the Pro Football Hall of Fame.

Rice was elected on his first try and will be inducted into the Hall on Saturday, along with Emmitt Smith, John Randle, Russ Grimm, Rickey Jackson, Floyd Little and Dick LeBeau.

“There was no way I was going to be denied,” Rice said. “I kept working hard and my dream came true.

I tell kids do not let any obstacles stand in your way. If you want to achieve something go for it. I’m living proof with my background and where I came from. I didn’t give up and I wanted to be the best football player I could possibly be in the NFL and I was able to accomplish that.”

Rice holds virtually every significant receiving mark, including most career receptions (1,549); yards

Associated Press

Former NFL football player Jerry Rice responds to questions during a news interview Tuesday, Aug. 3, 2010 in New York. Rice will be inducted into the Pro Football Hall of Fame on Saturday, Aug. 7.

receiving (22,895); total touchdowns (208); and combined net yards (23,546) in his career with San Francisco, Oakland and Seattle.

Numbers are only one way to measure Rice’s greatness. But consider this: Rice has 447 more catches than Marvin Harrison in second place and 7,687 more yards receiving than Isaac Bruce in second place. The difference between Rice and second place eclipses the career production of Hall of Famer Lynn Swann, who finished with 336 catches and 5,462 yards receiving.

“Jerry expanded the position of wide receiver so much that there may never be another guy who comes around and expands on the position,” Young said. “I don’t know if you can say that about any other position. Peyton Manning has come around and done things that we didn’t do. It happens at every position. But I can’t imagine another receiver coming around who expands on what he did.”

Rice’s journey started far away from the bright lights under which he excelled so much while winning three Super Bowls and so many other accolades in the NFL. It is in Mississippi where the selfdescribed high school “nerd” turned into a football player almost by coincidence. Skipping class one day, Rice was confronted by the principal and ran away. Rice received a whipping for his misbehavior and a referral to the football coach because his speed was so impressive.

Rice credits his speed to his chas-

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ing down a beautiful black stallion named Pete. Rice had to run after the horse in order to ride it each day and did what it took to get that reward.

His hands and focus were honed working for his brick mason father on scorching hot days. Rice would stand on the scaffolding and catch bricks from his brothers to hand to his dad — with any dropped brick being deducted from his pay check.

“Even though I was not playing football, I was preparing myself for it,” he said.

Rice took to the game quickly but was only visited by one college. It just happened to be one that fit his game perfectly so he went to Mississippi Valley State to play in the run-and-shoot under coach Archie Cooley.

Despite catching 112 passes for 1,845 yards and 28 touchdowns his senior year, Rice lasted until 16th in the 1985 draft when 49ers coach Bill Walsh traded three draft picks to New England in one of his shrewdest moves ever.

He was the third receiver taken in the draft, following Al Toon to the New York Jets and Eddie Brown to the Cincinnati Bengals. He lacked game-breaking speed that many teams covet, running the 40-yard dash in 4.6 seconds, but was almost never caught from behind on the field.

His transition to the NFL wasn’t seamless as he admits to some serious jitters when he walked into the locker room of the Super Bowl

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“When I first stepped into that locker room I looked across and there was Joe Montana and Ronnie Lott, all of these Hall of Famers and I’m in the room with these guys,” Rice said. “At first it was like a deer in the headlights.”

Rice struggled with some drops early in his career, leading some to question why he was a first-round pick. But Lott saw something right away in Rice, who beat the future Hall of Famer with a sly double move on one of the first days of practice.

Then Lott saw Rice’s reaction to the drops and knew he would become a star.

“You didn’t see many rookies with the ability to perform precision routes like that. It just seemed natural to Jerry,” Lott said. “After he had a rough game with a couple of drops, I saw him sitting at his locker crying. For a lot of people when they lose, it’s not personal. For him it was always personal. It showed how much he wanted to be great.”

Rice’s breakthrough came on a Monday night late in his rookie season when he had 10 catches for 241 yards in a win over the Los Angeles Rams.

“I knew into that game and I did not have to think about anything,” he said. “I knew the system. Now I could just go out there and just play. That was the start for me. But I never gave in the situation of, ’OK, I have arrived now.’ I always wanted to come back the next year and have a better season.”

That game started his record streak of 274 consecutive games with a catch as the records started to fall. He had 11 straight 1,000-yard receiving seasons starting the next year; had a then-record 22 touchdown catches in 12 games of the strike-shortened 1987 season; won the Super Bowl MVP following the 1988 season with 11 catches for 215 yards against Cincinnati and had a record 1,848 receiving yards in 1995.

Rice never let up. Not after a devastating knee injury in the opener of the 1997 season and not after being released by San Francisco in 2001 and reviving his career in Oakland for one last Super Bowl run.

“He was so meticulous about making sure he never compromised the integrity of being a great receiver,” Lott said. “It can happen when you get older. He could have done it after his knee surgery or when he went to the Raiders. But he never compromised the integrity about being meticulous with his effort.”

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10A — The Daily Courier, Forest City, NC, Friday, August 6, 2010

weather/local/nation Weather The Daily Courier Weather Today

Tonight

STORMS HIT COUNTY

Saturday

Sunday

Monday

Tuesday

T-storms

T-storms

Mostly Cloudy

Partly Cloudy

Mostly Sunny

Mostly Sunny

Precip Chance: 40%

Precip Chance: 40%

Precip Chance: 20%

Precip Chance: 10%

Precip Chance: 5%

Precip Chance: 5%

96º

70º

91º 68º

89º 68º

93º 69º

95º 70º

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 . . . . . . . . . . . . . . . . . .95 Low . . . . . . . . . . . . . . . . . . .71 Normal High . . . . . . . . . . . .89 Normal Low . . . . . . . . . . . . .64

Precipitation 24 hrs through 7 a.m. yest. .0.00" Month to date . . . . . . . . .0.19" Year to date . . . . . . . . .26.74"

Barometric Pressure

City

Sun and Moon Sunrise today .

Sunset tonight .

Moonrise today Moonset today .

. . . .

. . . .

. . . .

.6:40 .8:26 .2:33 .5:41

a.m. p.m. a.m. p.m.

Moon Phases

High yesterday . . . . . . .30.09"

Relative Humidity High yesterday . . . . . . . .100%

New 8/9

Full 8/24

First 8/16

Saturday

Hi/Lo Wx Hi/Lo Wx

Asheville . . . . . . .88/62 Cape Hatteras . . .88/78 Charlotte . . . . . . .93/70 Fayetteville . . . . .97/74 Greensboro . . . . .88/70 Greenville . . . . . .93/73 Hickory . . . . . . . . . .92/69 Jacksonville . . . .91/72 Kitty Hawk . . . . . .90/77 New Bern . . . . . .92/73 Raleigh . . . . . . . .93/72 Southern Pines . .97/73 Wilmington . . . . .92/77 Winston-Salem . .88/69

t t t t t t t t t t t t mc t

85/65 87/77 91/70 92/72 87/69 92/71 89/68 91/74 86/76 91/73 89/71 91/72 90/75 87/69

sh t sh t mc t mc t t t t t t mc

Weather (Wx): cl/cloudy; pc/partly cloudy; ra/rain; rs/rain & snow; s/sunny; sh/showers; sn/snow; t/thunderstorms; w/windy

Last 9/1

North Carolina Forecast

Greensboro 88/70

Asheville 88/62

Forest City 96/70 Charlotte 93/70

Today

City

Raleigh 93/72

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Today’s National Map

Saturday

94/73 87/66 84/72 77/61 86/65 77/58 90/79 82/64 85/68 82/57 65/54 68/59 92/77 87/66

Kinston 93/73 Wilmington 92/77

L

70s

Hi/Lo Wx Hi/Lo Wx

Atlanta . . . . . . . . .93/73 Baltimore . . . . . . .93/70 Chicago . . . . . . . .81/69 Detroit . . . . . . . . .80/57 Indianapolis . . . .86/64 Los Angeles . . . .77/58 Miami . . . . . . . . . .90/79 New York . . . . . . .89/65 Philadelphia . . . .91/63 Sacramento . . . . .84/56 San Francisco . . .62/54 Seattle . . . . . . . . .72/58 Tampa . . . . . . . . .93/78 Washington, DC .93/68

Greenville 93/73

Fayetteville 97/74

Shown is today’s weather.

Temperatures are today’s highs and tonight’s lows.

Across Our Nation

Elizabeth City 90/73

Durham 91/71

Winston-Salem 88/69

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70s 80s 90s

L

80s

H

70s

70s

80s

H

90s

80s

L

100s 90s

This map shows high temperatures, type of precipitation expected and location of frontal systems at noon.

Cold Front

Stationary Front

Warm Front

90s 100s

L

Low Pressure

H

High Pressure

Nation Today 14 face terror charges

WASHINGTON (AP) — The government announced Thursday that it has charged 14 people as participants in “a deadly pipeline” to Somalia that routed money and fighters from the United States to the terrorist group al-Shabab.

The indictments unsealed in Minneapolis, San Diego and Mobile, Ala., reflect “a disturbing trend” of recruitment efforts targeting U.S. residents to become terrorists, Attorney General Eric Holder told a news conference.

Hurricane threat ripe

PENSACOLA, Fla. (AP) — Record high ocean temperatures and the development of a climate phenomenon known as La Nina will keep the Atlantic hurricane season on track to be the busiest since 2005, government forecasters said Thursday.

The National Oceanic and Atmospheric Administration slightly lowered the outlook it released in May, but an above-normal season was still expected.

The updated forecast calls for 14 to 20 named tropical storms, down from a range of 14 to 23.

Couple killed in crash

WALTERBORO, S.C. (AP) — A Pennsylvania couple died and nine

other relatives were injured after a van rolled over several times on Interstate 95.

Deputy Coroner Richard Carter says 47-year-old Rosa Dominguez and 48-year-old Sergio Dominguez Sr., of Easton, Pa., died when their van went off the side of the road.

Conn. shooter called 911 HARTFORD, Conn. (AP) — The man who went on a shooting rampage at a beer distributor calmly told a 911 operator that it was “a racist place” and that he “handled the problem” but wished he had shot more people.

Omar Thornton, 34, called 911 after shooting 10 co-workers — eight fatally — on Tuesday morning at Hartford Distributors Inc. He introduced himself as “the shooter over in Manchester” and said he was hiding in the building.

Twins pose ID problem LOCKPORT, N.Y. (AP) — Authorities trying to solve a shooting in New York have zeroed in on identical twin brothers — but now they have to figure out which one to charge.

A prosecutor has won the right to photograph 31-year-old Niagara Falls residents Edward and Raymond Nickens with their shirts on and off to see which one might match a witness’ description.

Garrett Byers/Daily Courier

Passing storms Thursday brought with them several isolated incidents of trees and power lines falling through out the county. Here A tree hangs suspended over Thunder Road on a live power line as emergency personal prepare to shutdown the road to traffic.

Senate confirms Kagan for Supreme Court seat WASHINGTON (AP) — The Senate has confirmed Elena Kagan as the 112th justice and fourth woman to serve on the Supreme Court.

The vote was 63-37 for President Barack Obama’s nominee to succeed retired Justice John Paul Stevens.

Five Republicans joined all but one Democrat and the Senate’s two independents to support Kagan. In a rarely practiced ritual reserved for the most historic votes, senators sat

Two killed, dozens injured when school buses crash GRAY SUMMIT, Mo. (AP) — Two buses carrying high school band students to an amusement park Thursday slammed into a freeway wreck that happened right in front of them, crushing a pickup truck and killing its driver, as well as one of the students. Dozens of other students were treated for injuries.

The wreck near Gray Summit, about 40 miles west of St. Louis, happened when the pickup truck rear-ended a semi cab that had slowed down because it was nearing a construction zone, state police said. The first bus, which was carrying female band members from John F. Hodge High in St. James, slammed into the back of the pickup, then was launched on top of it after it was rear-ended by the second bus, State Highway Patrol Cpl. Jeff Wilson said.

Kolby Griffith, 17, said he was chatting with a friend on the second bus when it crashed.

“It was all very, very quick,” Griffith said. “I was trying to get away, trying to get everyone away from the bus because I could smell gas.”

At least 42 students were taken to hospitals, most with injuries not considered life-threatening. Many of them were at SSM Cardinal Glennon Children’s Medical Center in St. Louis when they were called into a room and informed of their bandmate’s death.

Cpl. Wilson says 15-year-old Jessica Brinker of St. James was the high school student killed. He says 19-year-old Daniel Schatz was driving a pickup truck that was flattened in the wreck.

The students were on their way to a Six Flags amusement park some 10 miles from the crash site.

“My goodness. You send your children off to Six Flags, you don’t expect this to happen,” Missouri

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at their desks and stood to cast their votes with “ayes” and “nays.”

Kagan isn’t expected to alter the ideological balance of the court, where Stevens was considered a leader of the liberals.

But the two parties clashed over her nomination. Republicans argued that Kagan was a political liberal who would be unable to be impartial. Democrats defended her as a highly qualified legal scholar.

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State Highway Patrol Sgt. Dan Crain said.

Joy Tucker, the superintendent of the St. James school system, said the 3,700-resident town — known for its wineries, natural splendor and trout fishing in nearby Maramec Spring Park — was devastated.

“It’s been a horrible, horrible day in our community, and we’ll never get over this,” Tucker said.

“Anytime you have something like this, it is big tragedy for a community,” echoed Dennis Wilson, the mayor of St. James. He described the community as “one of those towns where you know just about everyone in town and know their kids,” including the nearly 600 children who attend Hodge high school.

Ashley Wiehle, a spokeswoman for Cardinal Glennon, said 36 students were taken to that hospital, and that each appeared to be in good condition.

Bethany Pope, a spokeswoman for St. Johns’s Mercy Medical Center in suburban St. Louis, said six victims were sent there. One of them was later transferred to St. Louis Children’s Hospital; the other five were discharged Thursday.

Jackie Ferman, a spokeswoman for the Children’s Hospital, said an injured 16-year-old St. James girl was in stable condition and was being assessed by hospital staff.

Four other victims were taken with minor injuries to St. Clare Health Center in Fenton, Mo. Cpl. Wilson said the driver of the first bus moved into the passing lane to give a distressed vehicle in the shoulder more room. She was checking her rearview mirror while returning to the right-hand lane when she noticed the first impact but could not stop in time, hitting the pickup. The second bus then rear-ended the first, vaulting the first bus onto the top of the pickup.

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The Daily Courier, Forest City, NC, Friday, August 6, 2010 — 11A

Business/finance

THE MARKET IN REVIEW

STOCK EXCHANGE HIGHLIGHTS

d

NYSE

d

7,174.27 -7.87

GAINERS ($2 OR MORE)

Name Last Chg %Chg NACCO 111.12+20.03 +22.0 Regis Cp 18.30 +2.66 +17.0 NStarRlt 3.81 +.50 +15.1 LizClaib 5.68 +.69 +13.8 KratonPP n27.15 +3.10 +12.9 Polypore 26.89 +2.70 +11.2 Vorndo pfA119.90+11.90 +11.0 SauerDanf 16.56 +1.56 +10.4 MF Global 7.30 +.61 +9.1 Orbitz 5.57 +.43 +8.4

LOSERS ($2 OR MORE)

Name SandRdge Reddy Ice TetraTech AvisBudg Manulife g TreeHse n Omncre MolinaH Skyline FelCor

Last 5.20 2.97 9.12 10.92 13.95 42.25 22.53 28.31 19.35 5.33

Chg -.87 -.48 -1.31 -1.43 -1.81 -5.32 -2.73 -3.40 -2.21 -.60

%Chg -14.3 -13.9 -12.6 -11.6 -11.5 -11.2 -10.8 -10.7 -10.3 -10.1

MOST ACTIVE ($1 OR MORE) Name Vol (00) Last Chg Citigrp 1743507 4.10 -.04 S&P500ETF1214799112.85 -.12 BkofAm 1088753 14.02 -.17 Pfizer 730891 16.19 -.25 SprintNex 512947 4.52 -.07 FordM 503401 12.98 -.13 SandRdge 497882 5.20 -.87 GenElec 459008 16.52 +.04 iShEMkts 427014 42.14 -.19 SPDR Fncl 396181 14.91 -.06 Advanced Declined Unchanged Total issues New Highs New Lows Volume

DIARY

1,287 1,758 111 3,156 248 19 3,727,796,519

AMEX

d

1,939.21 -13.29

GAINERS ($2 OR MORE)

Name Last OrienPap n 5.60 NwGold g 5.52 Tofutti 3.03 InvCapHld 3.22 Barnwell 3.20 RennGEnt 2.28 AmLorain n 2.90 FieldPnt 3.42 PudaCoal n 9.80 Vicon 4.57

Chg %Chg +.55 +10.9 +.38 +7.4 +.20 +7.1 +.21 +7.0 +.20 +6.7 +.13 +6.0 +.13 +4.7 +.15 +4.6 +.43 +4.6 +.20 +4.6

LOSERS ($2 OR MORE)

Name Last EstnLtCap 3.65 HeraldNB 2.39 Metalico 4.06 Cohen&Co 5.58 NeoStem 2.03 CaracoP 6.25 Tompkins 39.77 MastechH 3.51 SearchMed 3.03 Emergent 6.00

Chg %Chg -.85 -18.9 -.46 -16.1 -.31 -7.1 -.42 -7.0 -.12 -5.6 -.32 -4.9 -1.77 -4.3 -.15 -4.1 -.13 -4.1 -.25 -4.0

MOST ACTIVE ($1 OR MORE) Name Vol (00) Last Chg LibertyAcq 39092 10.34 -.10 LibAcq wt 28263 1.40 -.20 GoldStr g 23584 4.26 -.08 AmO&G 22131 7.68 -.05 NwGold g 20293 5.52 +.38 YM Bio g 19752 1.47 +.05 VantageDrl 16709 1.35 -.01 NovaGld g 16562 6.40 -.03 KodiakO g 12200 3.49 -.03 OrienPap n 11861 5.60 +.55 DIARY

Advanced Declined Unchanged Total issues New Highs New Lows Volume

216 248 52 516 23 4 69,564,171

DAILY DOW JONES SCHEDULE A FREE

NASDAQ

REVIEW. 10,760 DowRETIREMENT Jones industrials Close: 10,674.98 Change: -5.45 (-0.1%)

2,293.06 -10.51

GAINERS ($2 OR MORE)

Name Last Affymax 8.13 NthValB 2.33 ReadgIntB 7.77 Atmel 6.16 FuelSysSol34.83 NexxusLtg 2.25 HaupgDig 2.44 SumFWV 4.07 OlScCTrI pf 5.10 LightPath 2.50

Chg +1.70 +.40 +1.25 +.97 +5.28 +.34 +.36 +.57 +.67 +.32

%Chg +26.4 +20.9 +19.2 +18.7 +17.9 +17.8 +17.3 +16.3 +15.1 +14.7

LOSERS ($2 OR MORE)

Name Last PacerIntl 6.49 RepBncp 19.27 LincEdSv 16.30 TFS Fncl 10.05 Gibraltar 9.25 Alexza 2.46 UtdOnln 5.39 Momenta 17.15 VeecoInst 39.61 CrssCtryHl 8.56

Chg -2.21 -6.34 -4.32 -2.39 -2.13 -.54 -1.00 -3.15 -5.91 -1.11

%Chg -25.4 -24.8 -21.0 -19.2 -18.7 -18.0 -15.6 -15.5 -13.0 -11.5

MOST ACTIVE ($1 OR MORE)

Name Vol (00) Microsoft 643749 Intel 441557 SiriusXM 352853 NewsCpA 351206 PwShs QQQ339066 Cisco 285511 Atmel 279657 Dell Inc 250943 Comcast 197371 Nvidia 196725

Advanced Declined Unchanged Total issues New Highs New Lows Volume

Last Chg 25.37 -.36 20.67 -.06 1.06 ...

14.35 +.50 46.83 -.11 24.17 +.03 6.16 +.97 13.13 -.08 18.94 -.29 9.44 +.12

DIARY

880 1,745 131 2,756 53 30 1,752,731,841

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

10,480 10,200

11,600

10 DAYS

11,200 10,800

9,116.52 3,546.48 346.95 6,338.09 1,631.95 1,929.64 978.51 626.93 10,079.36 546.96

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

Net Chg

10,674.98 4,491.63 392.63 7,174.27 1,939.21 2,293.06 1,125.81 773.43 11,797.93 655.07

-5.45 -15.57 +.10 -7.87 -13.29 -10.51 -1.43 -3.61 -29.58 -7.89

YTD %Chg %Chg

-.05 -.35 +.03 -.11 -.68 -.46 -.13 -.46 -.25 -1.19

+2.37 +9.56 -1.35 -.15 +6.26 +1.05 +.96 +6.43 +2.16 +4.75

12-mo %Chg

+15.33 +24.59 +6.79 +10.07 +14.34 +16.21 +12.91 +21.13 +14.89 +17.48

MUTUAL FUNDS

10,000 9,600

Last

Name

F

M

A

M

J

J

A

Total Assets Obj ($Mlns) NAV

Name

PIMCO TotRetIs Vanguard TotStIdx American Funds GrthAmA m Fidelity Contra TOCKS OF OCAL NTEREST American Funds CapIncBuA m American Funds CpWldGrIA m YTD YTD Vanguard 500Inv Name Div Yld PE Last Chg%Chg Name Div Yld PE Last Chg %Chg Vanguard InstIdxI AT&T Inc 1.68 6.3 12 26.74 +.10 -4.6 LeggPlat 1.08 5.1 18 21.14 -.10 +3.6 American Funds IncAmerA m American Funds InvCoAmA m Amazon ... ... 53 127.83 +.25 -5.0 Lowes .44 2.1 17 20.74 -.07 -11.3 Dodge & Cox Stock ArvMerit ... ... ... 15.77 -.15 +41.1 Microsoft .52 2.0 7 25.37 -.36 -16.8 Dodge & Cox IntlStk American Funds EurPacGrA m BB&T Cp .60 2.4 24 25.25 +.16 -.5 PPG 2.20 3.1 17 70.25 -.63 +20.0 American Funds WAMutInvA m BkofAm .04 .3 93 14.02 -.17 -6.9 ParkerHan 1.04 1.6 19 65.39 +.95 +21.4 PIMCO TotRetAdm b BerkHa A ... ... 14121385.00+185.00 +22.4 FrankTemp-Franklin Income A m Cisco ... ... 20 24.17 +.03 +1.0 ProgrssEn 2.48 5.8 14 42.71 +.01 +4.1 Vanguard TotStIAdm ... ... 71 33.25 -.58 +7.6 American Funds NewPerspA m Delhaize 2.02 2.7 ... 76.19 -.23 -.7 RedHat Dell Inc ... ... 16 13.13 -.08 -8.6 RoyalBk g 2.00 ... ... 51.86 -.84 -3.2 Vanguard Welltn DukeEngy .98 5.6 13 17.41 +.04 +1.2 SaraLee .44 2.9 35 15.01 -.31 +23.2 Vanguard 500Adml American Funds BalA m ExxonMbl 1.76 2.8 12 62.71 -.01 -8.0 SonicAut ... ... 9 9.62 -.11 -7.4 PIMCO TotRetA m FamilyDlr .62 1.5 17 41.91 -.10 +50.6 SonocoP 1.12 3.4 17 33.05 -.01 +13.0 American Funds FnInvA m American Funds BondA m FifthThird .04 .3 ... 13.06 -.23 +33.9 SpectraEn 1.00 4.6 15 21.79 +.27 +6.2 Fidelity DivrIntl d FCtzBA 1.20 .6 8 191.49 -4.71 +16.8 SpeedM .40 2.8 24 14.45 -.05 -18.0 Vanguard TotIntl d GenElec .48 2.9 17 16.52 +.04 +9.2 .52 1.5 37 35.46 +.22 +49.6 Fidelity GrowCo GoldmanS 1.40 .9 8 155.92 -.49 -7.7 Timken Vanguard InstPlus 1.88 2.8 24 67.42 +.04 +17.5 T Rowe Price EqtyInc Google ... ... 22 508.10 +1.78 -18.0 UPS B KrispKrm ... ... ... 4.12 +.03 +39.7 WalMart 1.21 2.3 14 51.62 +.02 -3.4 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

L

I

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.

CI 137,039 LB 63,566 LG 58,394 LG 53,952 IH 52,393 WS 47,349 LB 46,968 LB 46,671 MA 46,079 LB 42,830 LV 39,482 FV 36,687 FB 34,013 LV 33,997 CI 33,800 CA 31,232 LB 29,636 WS 28,582 MA 28,516 LB 28,336 MA 28,053 CI 28,027 LB 27,888 CI 27,417 FB 26,227 FB 26,161 LG 25,891 LB 25,529 LV 14,815 LB 8,668 LB 4,057 GS 1,455 LV 1,126 SR 486 LG 174

11.41 27.95 27.29 59.21 47.78 33.23 103.82 103.16 15.70 25.70 95.86 32.36 38.07 24.84 11.41 2.09 27.96 25.64 29.48 103.83 16.66 11.41 32.93 12.33 27.37 14.40 70.67 103.16 21.52 30.46 35.88 10.45 2.97 16.29 15.09

Total Return/Rank Pct Min Init 4-wk 12-mo 5-year Load Invt

+1.7 +13.3/B +10.2 +15.4/A +9.2 +10.9/D +7.7 +15.7/A +8.0 +11.3/C +12.5 +11.2/C +10.2 +14.4/B +10.3 +14.6/B +7.5 +15.6/A +9.9 +12.5/C +10.1 +13.2/C +13.4 +13.8/A +11.5 +9.9/B +10.0 +15.2/A +1.7 +13.0/B +6.2 +17.0/A +10.2 +15.5/A +10.6 +12.9/B +7.7 +13.2/B +10.3 +14.6/B +7.6 +13.7/B +1.7 +12.8/B +10.2 +13.3/C +1.7 +12.1/C +12.2 +7.4/D +12.9 +10.4/B +10.1 +17.7/A +10.3 +14.6/B +10.8 +14.9/B +11.0 +10.6/D +10.6 +13.2/C +0.1 +3.3/D +10.4 +10.1/E +14.3 +39.4/C +12.9 +12.2/C

+8.1/A +0.9/B +1.4/B +3.6/A +3.6/C +4.9/A +0.3/C +0.4/C +3.1/B +1.1/B -1.5/D +4.7/A +6.3/A +0.2/B +7.8/A +4.1/B +0.9/B +5.1/A +4.9/A +0.4/C +2.5/C +7.6/A +3.0/A +3.6/E +2.2/C +4.5/B +4.2/A +0.4/C +0.9/B +2.5/A +0.7/B +5.0/B -1.9/E +1.9/C 0.0/D

NL 1,000,000 NL 3,000 5.75 250 NL 2,500 5.75 250 5.75 250 NL 3,000 NL 5,000,000 5.75 250 5.75 250 NL 2,500 NL 2,500 5.75 250 5.75 250 NL 1,000,000 4.25 1,000 NL 100,000 5.75 250 NL 10,000 NL 100,000 5.75 250 3.75 1,000 5.75 250 3.75 250 NL 2,500 NL 3,000 NL 2,500 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.

Stocks fall after spike in new jobless claims

NEW YORK (AP) — A surprisingly poor signal on the jobs market sent stocks slightly lower Thursday as investors remained worried about a lack of hiring.

The modest drop came after the Labor Department said first-time claims for unemployment benefits rose unexpectedly last week.

Investors tried to muster a late-day rally, but there wasn’t enough momentum to push the Dow Jones industrial average back into positive territory.

The Dow closed down 5 points after dropping as much as 68 points earlier in the day. Broader indexes also fell modestly.

Trading volume on the New York Stock Exchange fell to its second-lowest level of the year as many traders avoid the market altogether.

The Labor Department said initial claims for unemployment benefits jumped to 479,000 last week from a 460,000 a week earlier. Economists polled by Thomson Reuters had forecast new claims would fall modestly.

The high unemployment rate in the U.S. remains one of the biggest worries for investors.

The surprise jump in claims last week suggests that employers are still reluctant to create jobs, which could keep a damper on economic growth the coming months.

“The trend is going exactly in the wrong direction,” said Phil Orlando, chief equity market strategist at Federated Investors.

However, Orlando cautioned that layoffs of temporary census workers might have skewed results somewhat, and that’s why the market didn’t fall that much.

Traders will get a stronger reading on the jobs market Friday when the government releases its closely watched monthly tally of payrolls and the unemployment rate.

Investors have been getting mixed signals on the economy in recent weeks, and sent stocks higher on Wednesday after payroll company ADP reported that private employers slightly increased hiring last month.

In other news, monthly

retail sales reports showed shoppers remain skittish about spending as hiring remains scarce. Costco Wholesale Corp. and Limited Brands Inc. both reported big jumps in July sales, but that was compared with weak results a year ago.

Department store J.C. Penney Co. reported a surprise drop in July sales and said profit would fall at the low end of its outlook. Teen retailers like The Buckle Inc. and The Wet Seal Inc. continue to struggle as consumers increase their savings rate.

“Without job creation, you can’t get consumer confidence up and spending up,” said Joe Gordon, founder and managing partner of Gordon Asset Management.

“People are very cautious.”

The Dow fell 5.45, or 0.1 percent, to 10,674.98. The Standard & Poor’s 500 index fell 1.43, or 0.1 percent, to 1,125.81, while the Nasdaq composite index fell 10.51, or 0.5 percent, to 2,293.06.

About four stocks fell for every three that rose on the New York Stock Exchange, where volume came to

875.6 million shares, only about two-thirds the average of 1.34 billion traded daily over the past 200 days.

Consolidated volume came to 3.7 billion shares versus 4.1 billion the day before.

Thursday’s jobless claims report added to a murky picture on the economy heading into the monthly employment survey.

The Labor Department is expected to say private employers hired 90,000 workers in July, a slight increase from the 83,000 hired in June.

But because of government layoffs tied to cutting temporary census jobs, the unemployment rate is expected to rise to 9.6 percent from 9.5 percent.

Tim Speiss, chairman of Eisner LLP’s Personal Wealth Advisors practice, said Friday’s report doesn’t have blow away expectations to reassure investors and ease concerns about slowing growth.

“Coming close to expectations will be sufficient,” Speiss said.

Stocks have alternated between gains and losses all

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week as economic reports vacillate between topping expectations and falling short of forecasts.

Limited Brands rose 29 cents to $26.33, while Costco shares fell 94 cents to $56.46. J.C. Penney dropped $1.84, or 7.7 percent, to $22.12. Wet Seal dipped a penny to $3.32 and The Buckle fell $1.10, or 4 percent, to $26.11.

Bond prices climbed as investors opted for the safety of Treasurys. The yield on the 10-year Treasury note, which moves opposite to its price, fell to 2.91 percent from 2.96 percent late Wednesday. Its yield helps set interest rates on mortgages and other consumer loans.

Treasury yields are hovering near levels not seen since April 2009 when the stock market was just beginning a yearlong rally after touching 12-year lows.

Overseas, Britain’s FTSE 100 fell 0.4 percent, Germany’s DAX index rose less than 0.1 percent, and France’s CAC-40 rose 0.1 percent. Japan’s Nikkei stock average rose 1.7 percent.

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Happy 1st Angelversary John Nathaniel Kennedy

August 5th, 2009 You grew your wings on this day. We only had you on earth for a few hours, but you made an impression on everyone in that short time. We all love and miss you everyday. We still don’t understand God’s reasons but we know that he is in control. You are with him now sitting on his knee watching over the family.

There are many other angel babies with you to play with so we know you are not alone. Please continue to watch over your family. We will be with you again one day.

Love and miss you bunches, Mom and Dad, Granny and Papa, Uncle JJ and Aunts Winnie and Kelly, along with many other family members.

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Preschool

a private preschool (2yr - 6 yr) is preparing to open in September in Forest City at a convenient and lovely location.

- Enroll now for School year or year round - School year (Sept-May) (9 months) - Year Round (Aug-June) (11 months) 419 West Main St. • Forest City 28043

828-247-8836 Preschool 1-786- 457-6748 cell

12A — The Daily Courier, Forest City, NC, Friday, August 6, 2010 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

AUGUST 6 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 Bones 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 Jeop In Touch Two Sein Busi N.C. Payne My Grow 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 The Glades Criminal 106 & Park } ›› Deep Blue Sea (‘99) Trey Mo’Nique W. Williams Daily Col Pre Pre Dane Cook Com Pre Pre Com Pre Pre John King Camp. Brown Larry King Anderson Cooper 360 (N) Larry King Amer. Shark Sharks Sharks MythBusters Sharks Sharks Sport Live 2010 ESPY’s Å Baseball Ton. SportsCenter B’ball Live ATP Tennis 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 American History X } ››› Jarhead (‘05, War) Rescue Me } The One Hombre (‘67) Leg Butch Cassidy Leg Leg Butch Cassidy Leg Angel Angel } Lies Between Friends 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 } ›› Sydney White (‘07) Moth Moth Fras’r Me Big Spon Big Troop Chris Lopez 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 } ›› Meet the Browns } ›› Meet the Browns Boys AceV Europa ’51 Intermezzo } ›››› Casablanca (‘42) } Notorious (‘46) Cup Cup Say Say Say Say Lost 100 lbs Say Say Lost 100 lbs Bones Å } ››› Men in Black (‘97) } ››› Men in Black (‘97) Lara Croft Total Bat Ben Gen Star Dude King King Strok Amer. Fran Ob College College College 3 Race FIGHTZONE Pre. FIGH NCIS Å NCIS Å NCIS Å NCIS Å :02 } The Contract (‘06) Home Videos } ››› Shanghai Noon News at Nine Scru Scru South 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 Legislative 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 BBC C. Dr. Oz Show Cheat BBC 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

›› Fighting } ››› Spider-Man (‘02) } ››› Spider-Man 2 (‘04) CoLust } ››› Dr. No (‘62) Å From Russia With Love (‘63) 10:50 } Goldfinger Get Black Knight Harry Potter-Prince Scott East Hung Street Kings Life Private-Pippa Real L Word Teller Teller Boxing NAS 6:40 } ››› Doubt } ›› Surrogates Pillars 10:50 } Black Hawk Down

No barriers with pen-pal Dear Abby: I have been writing to an inmate from the Florida prison system for about two years. It has slowly developed into more than a friendship. “Mike” is a born-again Christian, as am I. He doesn’t get out until 2013 at the earliest, so we have plenty of time to see where this goes.

Am I wrong for considering someone who is in prison? Mike has made mistakes, nothing violent, and has turned his life around. If he does become part of my life, how do I introduce him to my family so they may better accept him?

Abby, I’m 54. I lost my husband seven years ago. It is nice to have someone in my life again. We have talked on the phone, and it feels like we have known each other our whole lives. Am I crazy? — Smitten Dear Smitten: Crazy? No. Gullible? Possibly. Please forgive me if I seem cynical, but more than one devout, vulnerable, lonely woman has been taken advantage of by an inmate with whom she corresponded. That’s why, before allowing yourself to become more emotionally involved, you should contact the warden of the prison and verify that what “Mike” has been telling you is the gospel truth. If it is — fine. If it’s not, for your own sake, end the correspondence immediately.

Dear Abby Abigail van Buren

Dear Abby: I am a vegan who is constantly pestered by uninvited comments like, “You’re not getting the proper nutrition,” or “That looks disgusting,” or “You should just give it up.” I wouldn’t dream of making such rude comments to others about their diet. What one eats is his or her own business.

My husband — an omnivore — and I have decided to raise our child vegan. We are now getting comments from family and friends who feel we’re practically abusing our son.

What can I do to stop the unwarranted harassment? — Sick of the Comments Dear Sick: Is your child’s pediatrician aware of the diet you have him on? Is your pediatric nutritionist a member of the American Dietetic Association? Have you told the individuals making these comments that you are working with a professional to be sure your little one is getting everything he needs? If the answer to my questions is yes, refer them to your nutritionist for reassurance.

Is dyslexia to blame or am I dumb?

Dear Dr. Gott: This letter is a lifetime overdue. Six years ago, I turned 69. During that year, I had numerous medical problems that have nothing to do with this letter. However, I spent a lot of time in the hospital, which I used for thinking and reading. I realized I had been suffering from dyslexia all my life and didn’t know it. I just thought I was dumb. I could not get through this letter if it weren’t for spellcheck and the dictionary. Please, please dedicate a column to all the people out there who are going through this.

Dear Reader: Dyslexia is an impairment of the brain’s ability to translate written images received from the eyes into understandable language. It is thought to be the most common learning disability in children and ordinarily presents in youngsters with normal intelligence and vision.

Symptoms may be difficult to interpret before a child enters school. Prior to kindergarten, children may have difficulties rhyming words, and they

Puzzle

Ask Dr. Gott Dr. Peter M. Gott may be late talkers. Once in a school atmosphere, they may have difficulties understanding what is being said, remembering sequential commands, may read at a level below what is expected for their age, and may see words or letters backward.

Diagnosis may be made through psychological assessment, evaluation of educational skills, and visual and neurological testing.

There is no cure for dyslexia, and the only treatment is remedial education.

The earlier this begins, the better a child can cope and function with the disorder. Often, psychological testing is used to develop a custom teaching program.

IN THE STARS Your Birthday, Aug. 6; In order to advance a special interest, you might have to make changes.

LEO (July 23-Aug. 22) - Even if you can do something that would publicly embarrass an annoying individual, don’t VIRGO (Aug. 23-Sept.

22) - It would be far better not to use anything belonging to another.

LIBRA (Sept. 23-Oct. 23) - If a disagreement should arise out in public, wait until you are alone.

SCORPIO (Oct. 24-Nov. 22) - Strive to be a positive thinker.

SAGITTARIUS (Nov. 23-Dec. 21) - Unless you are careful, a gossipy friend will probe.

CAPRICORN (Dec. 22-Jan. 19) - You and your mate are likely to be in accord.

AQUARIUS (Jan. 20-Feb. 19) - If you’re not careful, playing things too loose could hurt.

PISCES (Feb. 20-March 20) - Having strong desires for personal gain could cause you to take some chances.

ARIES (March 21-April 19) - The people you try to please the most are likely to be the least appreciative.

TAURUS (April 20-May 20) - When racing around town, keep your eye on your fellow athletes.

GEMINI (May 21-June 20) - Be careful not to jump to conclusions.

CANCER (June 21-July 22) - Appropriate selfesteem is essential, but you’re not superior.

The Daily Courier, Forest City, NC, Friday, August 6, 2010 — 1B

A

NNOUNCEMENTS

0107

0142

Special Notices

Trip to Cherokee Casino Sat., Aug 7th & Tues., Aug. 10th. Call if interested Ray's Transport 286-2009 e-mail raystransport@hotmail.com

Lost

0149

Found

M Chihuahua Black w/white face, graying. Lost 7/31 from Dimsdale Dr., Rfdtn. Needs meds! Reward. Call 287-7967

1 M Boxer puppy & 1 M Jack Russell mix, wearing flea collar & green collar. Found 8/1 off Hudlow Rd. 828-447-0700

Missing Horse Ellenboro off Bus 74, Chestnut body/hair w/white on face, back feet, black harness. 704-600-6040

Black Female Lab, approx.

4-5 mo. old. Found 8/2 in downtown FC. 828-863-4320 or 828-817-9838

STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 280 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 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.

Respectfully submitted on: 07 / 21 / 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

0149

Found

0151 Garage/Estate Sales

Black Lab found in Sunshine School area. Must identify to claim. Call 828-429-4606

Multi family FC: 152 Westview St., Sat. 7A-until Lots of stuff. Too much to list

Have you lost or found a pet? Place an ad at no cost to you!

Call 245-6431

G

ARAGE /ESTATE SALES

0151 Garage/Estate Sales

1 BIG MOVING Sale: Ellenboro: 1917 Oak Grove Ch. Rd. Fri and Sat. 7A-until.

Large selection ladies clothing 10 cent ea., ladies shoes, 10 cent pair, glassware 10 cent, household, kitchenware items 2 FAMILY 274 Weatherstone Dr. Sat. 7A-until Children's, ladies & maternity clothes, household items, toys, DVD's, jewelry. Rain or shine!

2 FAMILY Flowers by Terry Sat. 7A-until Battery operated scooter, wooden loveseat, tables, TV, pictures, toys, men's/women's & children's clothes

2 Family: Ellenboro: 300 Hollis Rd., Sat. 7A-until. Household items, toys, clothing 3 FAMILY Rfdtn: Tony's Produce Sat. 7A-until Toddler fire truck bed & accessories, household, home interior, girl/boy toddler clothes, lots of toys

8 Family FC: 344 Main St. across from 1st United Methodist Church, Sat. 8A-1P. Furniture, tools, name brand pocketbooks, more Basement Sale: 167 Francis St., Chase Comm. Sat. 8Auntil Hundreds of items, too many to list

Big Yard Sale Caroleen: 248 Boss Moore Rd. Sat. 7A-til Antiques, clocks & much more!

Big yard sale, Rfdtn: 130 Owensby Rd just off Darlington Rd., Fri and Sat. 8A-until. Lots of items including Nascar

Cliffside: 774 Hames Ridge Rd. Take Ferry to Old Calvary Church Sat. 8A-until. 1998 2-door S-10 Blazer, jewelry, tools, mower parts, Vintage hats, glassware, collectibles, lots of misc. Cold drinks COMMUNITY YARD SALE at Gilkey General Store Hwy 221N Sat. 7A-until

Down-sizing yard sale, 435 Hwy 64 just outside of Ruth.

Sat. 7A-until. Too much to list GIGANTIC 10 FAMILY 1020 Hwy US 221 (1/2 mile above Fiddlesticks on right) Fri. & Sat. 8A-3P Clothes, appliances, baby clothes, household, antiques, much more.

Gigantic Sidewalk Yard Sale: over 40 participating merchants, and individuals Sat. Aug 7, 7:30AM-until. Historic Downtown Marion, NC Business District.

HUGE MULTI FAMILY SALE FC: 967 Bethany Church Rd. Sat. 6:30A-until Toys, games, recliner, treadmill, bicycles, household, plus much more

Huge Yard Sale: Chase High Rd. across from middle school, Sat., 6A-1P. Furniture, jewelry, tools, DVD's, clothes, much, much more Huge: Spindale, 236 Nebraska St., Fri. & Sat. 7A-until Kitchen supplies, furniture, clothes, household items, toys, collectibles, something for everyone Large Multi Family Bostic: 2094 Bostic/Sunshine Hwy. (between Sammy's & Washburns) Sat. 7A-until All proceeds to benefit cancer patient.

MOVING SALE Ellenboro: 2007 Oakgrove Church Rd. Fri. & Sat. 7A-until Lots of baby stuff, baby toys, computer monitor, steering wheels for computer games and much more!

Multi-family: Gilkey 1160 Gilbora Ch. Rd., Sat. 7A-Noon. Huge selection, too much to mention Multi-family: Mt. Vernon Clubhouse off Hudlow, Sat. 8A-1P. Furniture, childrens clothes, toys, household items, plants, low prices Multi-family: Rfdtn, 1674 Poors Ford Rd., Fri & Sat. 7A-Noon. Adult professional clothes, kids clothes, furniture, toys and more NEIGHBORHOOD SALE FC: Griffin Rd. Fri. & Sat. 7A-until Household items, cameras, pictures, lawn furniture.

Too much to name!

Rfdtn: 147 W.T. Wilkins Rd., Fri. & Sat. 6:30A-1P. Furniture, variety of items, too much to list Spindale: 175 Missouri St., Sat. 6A-until. Infant boy clothing 0-9 months, toddler boy pants 4-5, crib set

Yard Sale FC: 427 Old Caroleen Rd., Sat. 8A-until.

No early birds. Washer/dryer, refrigerator and lots more

YARD SALE Hunnicutt Ford, rear parking lot-565 Oak Street Saturday 7A-Noon Household goods, baby items, clothes M/W, misc. goods Yard Sale: Rfdtn: 105 Kindlewood Dr. off Edwards St., Sat. 7A-until.

Wide variety of items YARD/BAKE SALE UNION MILLS COMMUNITY HOUSE 6097 Hudlow Rd. Sat. 8/14 6A-Noon Table Rental $5.00 Call Pat 289-7247 or 287-2388

YARD/MOVING SALE Henrietta: 191 North Main Street (close to Doggett Shoe Store) Sat. 7A-Noon Furniture, clothes, household items and more!

E

MPLOYMENT

0208

Sales

Accounting

Member Services Coordinator Responsible for processing payments and adjustments to member club accounts, providing customer service to members, research & resolution of discrepancies, preparation of past due reports, collections, reconciliations and special projects. Background and experience. AA Degree in accounting or equivalent work experience. Strong system skills, 2 yrs. customer service.

Complete application in person, 112 Mountains Blvd., Lake Lure, NC 28746 or online at rumblingbald. com. No phone calls, please.

0240

Trucking

$1,225

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

0256

Skilled Trade

WATER DISTRIBUTION OPERATOR Broad River Water Authority Requirements: A, B or C NC Distribution Certificate; min. 2 yrs. experience in operation, maintenance & repair of water distribution systems; high school diploma; class A drivers license with the ability to obtain CDL. Hourly range of pay $15-$25. Fax resume to 828-286-3977 to the attention of Maria Hunnicutt

Hotel/Motel

Amenities Cleaners & Housekeepers positions currently available. Seasonal full time. Complete application in person, 112 Mountains Blvd., Lake Lure, NC 28746 or online at rumblingbald. com. No phone calls, please.

MasterCorp, Inc. is hiring Housekeepers. We offer excellent wages, training and weekly pay. Must be able to work weekends.

Call 828-551-5463

0260

Restaurant

Servers & Hostess positions currently available. Seasonal part time. Complete application in person, 112 Mountains Blvd., Lake Lure, NC 28746 or online at rumblingbald. com. No phone calls, please.

0268

Part-time Employment

Occasional help needed for White Dove Releases. http:// www.WhiteDoveReleasesNc. com/opportunities/

0272

People Seeking Employment

I would like to clean houses or business, dust, mop, vacuum, clean windows. For more info call 289-2090 or 245-5454

0288

Experienced Sales Professional Needed Real Estate, Insurance, Automotive or related sales experience a must. Looking for someone local with the personal drive to succeed.

Honest, reputable and high integrity required.

Please submit resume to: Box A, PO Box 1149, Forest City, NC 28043

0228

0244

Elderly Care

Oak Grove Healthcare is looking for exp. weekend RN Supervisor. Supervisory exp. a must. Apply in person at 518 Old US Hwy 221, Rfdtn

P

ETS

0320

Cats/Dogs/Pets

FREE puppies, red-nosed pit mix. 2 males, 7 females.

Call 828-748-3955 Male Yorkie Puppies Health guarantee $350 Call 828-625-8612 or 828-980-2219

M

ERCHANDISE

0518

Electronics

PS3 - 4 games, 2 controllers, 3 controller chargers w/all the wires. $250 Call 245-5318

Selling an item for under $200? Advertise it in the Classifieds.

1 item per ad, 3 lines, 6 days - Only $6.99 0554 Wanted to Rent/Buy/ Trade Junk Cars Wanted Paying $200 per vehicle.

Call Jamie Fender (828) 286-4194 Junk Vehicles Wanted. Pick Up Anywhere. No title required. $220 cash, any size vehicle. 828-202-1715

2B — The Daily Courier, Forest City, NC, Friday, August 6, 2010 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

A TO Z, IT’S IN THE

CLASSIFIEDS! 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.

Brenda H. Plumley, Co-Executor 136 Sea Trail Dr. Mooresville, NC 28177 Robert R. Howell, Co-Executor 158 Colonial Heights Lane Statesville, NC 28625

R

EAL ESTATE FOR RENT

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 Very nice large remodeled 1, 2, 3 Bedroom Townhome Apts. starting at $375 per month W/d hookup and water incld.

Carriage House Apts.

1-888-684-5072

0620

Homes for Rent

2BR/1BA House in Spindale $350/month + deposit Call 453-9946

ADVERTISE TODAY

STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD 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

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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, August 6, 2010 — 3B 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

NOTICE OF FORECLOSURE SALE FILE NO. 10-SP-340 Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Timmerman Diversified, Inc. to MTNBK, LTD,, Trustee, dated June 18, 2007 and recorded in Book 963, at Page 017 in the Rutherford County Registry, Rutherfordton, 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 courthouse door in the City of Rutherfordton, Rutherford County, North Carolina, on August 20, 2010, at 11:00 a.m. and will sell to the highest bidder for cash the following real estate:

NOTICE OF FORECLOSURE SALE FILE NO. 10-SP-341 Under and by virtue of the power of sale contained in that certain Deed of Trust executed by John T. Padgett to MTNBK, LTD, Trustee, dated December 13, 2007 and recorded in Book 988, at Page 260 in the Rutherford County Registry, Rutherfordton, 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 courthouse door in the City of Rutherfordton, Rutherford County, North Carolina, on August 20, 2010, at 11:30 a.m. and will sell to the highest bidder for cash the following real estate: Generally described as certain real property, with any and all improvements thereon, located in Rutherford County, North Carolina, and being more particularly described on Exhibit A, attached hereto and incorporated herein by reference: PARCEL ONE: Situate, lying and being in the Town of Lake Lure, Chimney Rock Township, Rutherford County, North Carolina, and being the same and identical property described in Deed recorded in Deed Book 879, Page 695, Rutherford County Registry, and being described according to said Deed as follows: BEING all of Lot 43 as shown on plat entitled “The Camp” at Lake Lure, Phase I made for The Camp Limited by Associated Services-Land Development, on June 14, 1982 and recorded in Plat Book 12 at Page 35. Reference to which is hereby made for a more particular description.

PARCEL TWO: Situate, lying and being the Town of Lake Lure, Chimney Rock Township, Rutherford County, North Carolina, and being the same and identical property described in Deed recorded in Deed Book 879, Page 693, Rutherford County Registry, and being described according to said Deed as follows: BEING all of Lot 45 as shown on plat entitled “The Camp” at Lake Lure, Phase I made for The Camp Limited by Associated Services-Land Development, on June 14, 1982 and recorded in Plat Book 12 at Page 35. Reference to which is hereby made for a more particular description.

PARCEL THREE: Situate, lying and being in the Town of Lake Lure, Chimney Rock Township, Rutherford County, North Carolina, and being the same and identical property described in Deed recorded in Deed Book 876, Page 770, Rutherford County Registry, and being described according to said Deed as follows: Tract One: Lying and being in Chimney Rock Township, Rutherford County, North Carolina, and being Lot 44 of that certain plat entitled “The Camp” at Lake Lure, Phase I, made for The Camp, Ltd. by Associated Services on June 14, 1982, and recorded in Plat Book 12, Page 35, Rutherford County Registry, as revised in plat recorded in Plat Book 20, Page 39, Rutherford County Registry, and revised again in Plat Book 24, Page 121, Rutherford County Registry.

BEING a portion of that property conveyed to Stamey Young Developers, a North Carolina General Partnership recorded in Book 919, Page 202 Rutherford County Registry.

Tract Two: Lying and being in Chimney Rock Township, Rutherford County, North Carolina, being bound on the South by Lot 44 of the Camp Ltd. property, on the North and Northwest by Garden Lane, and on the North by Boys Camp Road and being more particularly described as follows: BEGINNING at a point lying on the southern edge of Garden Lane, said beginning point lying North 54 degrees 19 minutes 31 seconds West 20.83 feet from an existing iron pin, which iron pin is the westernmost corner of Lot 44 of the Camp Property as shown on plat recorded in Plat Book 12, Page 35, Rutherford County Registry, as revised on plat recorded in Plat Book 24, Page 121, Rutherford County Registry, said reference point also being the common northernmost corner of Lot 45 of the Camp at Lake Lure, Phase I, property as shown on the same plats, and running thence from said beginning point South 54 degrees 19 minutes 31 seconds East 20.83 feet to an iron pin; thence with the westernmost line of Lot 44 North 40 degrees 37 minutes 11 seconds East 28.77 feet to a point; thence North 38 degrees 6 minutes 41 seconds East 118.49 feet to a point; thence North 77 degrees 53 minutes 31 seconds East 37.74 feet to a point; thence South 63 degrees 19 minutes 29 seconds East 47.78 feet to an iron pin; thence South 22 degrees 14 minutes 19 seconds East 63.90 feet to an iron pin; thence South 81 degrees 2 minutes 29 seconds East 154.15 feet to an iron pin; thence North 30 degrees 17 minutes 53 seconds East 33.32 feet to the southern edge of Boys Camp Road; thence with the southern edge of Boys Camp Road North 66 degrees 30 minutes West 41.65 feet to the southern edge of Garden Lane; thence with the southern edge of Garden Lane as it curves around Lot 44 to the point and place of BEGINNING.

Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book 963, at Page 017 in the office of the Register of Deeds of Rutherford County.

It being the intent of the Grantor herein to convey to the Grantee the small strip of land bound by the northern and northwestern boundary line of Lot 44 as hereinabove described and the southern edge of Boys Camp Road and Garden Lane.

This is the same property described in the Deed of Trust recorded in Book 963, at Page 017 in the office of the Register of Deeds of Rutherford County.

This is the same property described in the Deed of Trust recorded in Book 988, at Page 260 in the office of the Register of Deeds of Rutherford County.

The current property Owner is Timmerman Diversified, Inc.

The current property Owner is John T. Padgett.

The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners’ association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics’ and materialmen’s liens, and any recorded releases.

The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners’ association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics’ and materialmen’s liens, and any recorded releases.

The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS, AND WITH ALL FAULTS.” Neither the Substitute 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 Substitute 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.

The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS, AND WITH ALL FAULTS.” Neither the Substitute 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 Substitute 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 Trustee’s 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 N.C. Gen. Stat. §§ 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.

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 Trustee’s 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 N.C. Gen. Stat. §§ 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. Gen. Stat. § 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.

An order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 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. Gen. Stat. § 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.

In accordance with N.C. Gen. Stat. § 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.

This the 20th day of July, 2010.

This the 20th day of July, 2010.

__________________________________________ Derek J. Allen For WASLAW, LLC Substitute Trustee BB&T Building, Suite 1403 1 West Pack Square Asheville, NC 28801 Telephone: (828) 333-9470

__________________________________________ Derek J. Allen For WASLAW, LLC Substitute Trustee BB&T Building, Suite 1403 1 West Pack Square Asheville, NC 28801 Telephone: (828) 333-9470

Generally described as certain real property, with any and all improvements thereon, located in Rutherford County, North Carolina, and being more particularly described on Exhibit A, attached hereto and incorporated herein by reference: BEING all of Lot 11 as shown on a survey of Gilbertown East prepared by Professional Surveying Services recorded in Plat Book 28, Page 150 Register of Deeds, Rutherford County, North Carolina, reference to said recorded plat being made for a more particular description of said Lot. Subject to Right of Way Agreement recorded in Book 826, Page 938, Rutherford County Registry, North Carolina.

Subject to Restrictive Covenants recorded in Book 711, Page 34, Book 745, Page 852, Page 934, Page 435.

4B — The Daily Courier, Forest City, NC, Friday, August 6, 2010 STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD

STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD

GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 174

GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 299

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

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.

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., 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.

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.

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.

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 728707 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. 10-03107, 728678 7/30, 8/6, 08/13/2010

The Daily Courier, Forest City, NC, Friday, August 6, 2010 — 5B North Carolina, Rutherford County

North Carolina, Rutherford County NOTICE OF FORECLOSURE SALE 10 SP 296

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 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 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, 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:

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:

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.

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: 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

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

North Carolina, Rutherford County

North Carolina, Rutherford County AMENDED NOTICE OF FORECLOSURE SALE 10 SP 51

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 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.

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:

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.

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.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as: Lot #504 Bryce Trail (Grey Rock Subdivision), Lake Lure, NC 28746.

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.

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.

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.

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. 10-00813-FC01, 725491 7/30, 08/06/2010

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. 10-02788-FC01, 726827 7/30, 08/06/2010

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6B — The Daily Courier, Forest City, NC, Friday, August 6, 2010 STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD

STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD

GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 290

GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 277

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

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

NOTICE OF SERVICE OF PROCESS BY PUBLICATION NOTICE OF SERVICE OF PROCESS BY PUBLICATION 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.

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.

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. 10-04610, 728741 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 728710 7/30, 8/6, 08/13/2010

The Daily Courier, Forest City, NC, Friday, August 6, 2010 — 7B IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION RUTHERFORD COUNTY 10 sp 310

North Carolina, Rutherford County NOTICE OF FORECLOSURE SALE 10 SP 291

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

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.

NOTICE OF SALE

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:

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

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: 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.

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

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 Thee 22 Grey Rock Trust.

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.

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. 09-16245-FC01, 725470 7/30, 08/06/2010

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. 10-13286-FC01, 726843 7/30, 08/06/2010

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