Three charged in check scam — Page 5A Sports Eye on the prize Forest City traveled to Edenton for Game 1 of the Petitt Cup Thursday
Page 7A
Friday, August 13, 2010, Forest City, N.C.
50¢
County leaders eye CEC project
NATION
By SCOTT BAUGHMAN
Jobs news again signals recovery threat
Daily Courier Staff Writer
Page 11A
SPORTS
Braves’ Chipper Jones may be out for the year Page 7A
GAS PRICES Garrett Byers/Daily Courier
Fiddler Charlie Daniels with his big cowboy hat brings the house down at the Foundation Thursday night with his country and southern rock music before a full house. The concert was the first in the Foundation’s Spindale Opry Series.
Low: High: Avg.:
$2.49 $2.69 $2.59
DEATHS Forest City
Rita Anderson Allen Collins
Ellenboro
Burrell Wood Page 5A
WEATHER
High
Low
96 72 Today and tonight, thunderstorms. Complete forecast, Page 10A
Vol. 42, No. 193
Daniels rocks Foundation By JEAN GORDON
Daily Courier Staff Writer SPINDALE — “Oh, gosh! I’ve never seen as many Tar Heels in my life,” Charlie Daniels told a full house at the Foundation Thursday night. The screaming began when the country and southern rock legend walked out on stage in a long sleeves gold shirt, his trademark hat and oversized belt buckle and blue jeans.
His second song, “The Legend of Wooley Swamps” brought the house down as the Wilmington native reminded the crowd of his North Carolina roots and growing up down in the swamps. Daniels began the new season at the Foundation and was the first in the Spindale Opry series for the season. Please see Daniels, Page 6A
RUTHERFORDTON — Entrepreneurs in Rutherford County might soon get a boost from Advantage West and their Certified Entrepreneurial Community (CEC) program. A Rutherford County Roundtable meeting was held Thursday to discuss the program and how to get it started in the area with about 20 business leaders from around the county attending. “An entrepreneur is much more likely to put down roots in an area and invest there,” said Pam Lewis, Advantage West senior vice president of entrepreneurial development. “We have worked with our colleges like Western Carolina and Appalachian to build up a network of entrepreneurs. We learned a lot through that network and found they need leadership in their own community. If a business owner has a problem and their hair is on fire, they need someone local they can call.” Advantage West — an economic development group for Western North Carolina — sent representatives to the county to discuss economic and entrepreneur development. “The CEC program was created in 2007 to assist local communities with entrepreneurial efforts,” Lewis said. “There are seven communities who have become certified. In order to be one, someone from the community must apply for it.” After training, the prospective CEC is encouraged to catalogue their resources — including access to groups like SCORE, their economic development commission and their local chamber of commerce. Please see CEC, Page 6A
Cultural, history projects progressing By JEAN GORDON Daily Courier Staff Writer
RUTHERFORDTON — What began as a Friday evening of bluegrass music at the Union Mills Learning Center some weeks ago, has erupted into a fullfledged event, said Loyce Broughton Wednesday morning during a meeting of the Heritage Council. Broughton was among those providing updates and ideas from their respective
heritage facility initiatives with Angie Chandler, executive director of the Blue Ridge National Heritage Area. The most recent Bluegrass Concert and Jam Series drew four bands and 120 people. “That was huge,” she said. Because of the response, bluegrass is continuing Friday nights through August for $5 per person. Food vendors and local artisans will also attend.
Broughton was one of about 12 presenters who shared the latest news from their respective heritage communities. Chandler said she is very impressed with all the hard work and significant heritage projects under way in Rutherford County. “It has one of the strongest heritage councils in the 25 county region of
Please see Projects, Page 3A
‘Dirty Dancing’ festival set By ALLISON FLYNN Daily Courier Lifestyles Editor
FOREST CITY – By attending a festival organizers hope will become an annual event, you might just have the time of your life. The first-ever Dirty Dancing Festival will be held in Lake Lure Sept. 17 and 18, with events ranging from an outdoor viewing of the film next to the lake where a pivotal scene was shot to a watermelon carrying contest and more. Plans for the festival began following a memorial service for Patrick Swayze in Lake Lure following his death last September. “There were more than 700 people who attended with no celebrities and in the pouring down rain,” said Michelle
Now on the Web: www.thedigitalcourier.com
McConnell Yelton, president of The McConnell Group, who is organizing the event. For the festival, Yelton said, it is expected there will be between 3,000 and 5,000 in attendance. The gala, which is set for Saturday night, is already a sell out. “I knew I was a fan of the movie, but I didn’t know it was such a phenomenon,” she said. The film will be shown beside Lake Lure in Firefly Cove Friday night at 7, right where the scene where Johnny and Baby practiced the lift was filmed. “It’s a casual night,” Yelton said. “Bring your own lawn chairs and a picnic and just enjoy the film.” There will also be a Please see Festival, Page 6A
I knew I was a fan of the movie, but I didn’t know it was such a phenomenon. — Michelle Yelton
2A — The Daily Courier, Forest City, NC, Friday, August 13, 2010
Local
At Your Leisure Dance N Play in Spanish, 189 E. Mountain St., Rutherfordton, offers the following classes: Latin dancing classes for adults – Thursdays from 6 to 7:15 p.m., $35/month Latin dancing classes for children – Tuesdays from 4:30 to 5:30 p.m., $35/month Zumba – Monday through Friday evenings, Saturdays 10 to 11 a.m. Drum lessons – Tuesdays at 4 p.m. (limited to two students per class), $38/month (includes student booklet) Legal Grounds, 217 North Main St., Rutherfordton, offers the following entertainment: Aug. 13 – Papa T Trio & Friends, 7 p.m.; Karaoke/DJ, 10 p.m. Aug. 14 – Sharkadelics Barley’s Taproom & Pizzeria, 115 W. Main St., Spindale, (no cover charge) announces the following entertainment: Aug. 13 – Peace Jones Aug. 14 – Jenny Arch
Dove’s Cove, 180 Frontage Road, Forest City, announces the following entertainment: Tuesday – Karaoke at 7:30 p.m. Wednesday – Line dancing, 5 p.m. until Thursday – Open mic Friday – Live band: Girls Interrupted Saturday – Live band: Bandana M Squared Restaurant, 125 West Main St., Spindale, offers the following entertainment: Tuesdays — Patio Party with Alex Thompson on keyboard Wednesdays — Trivia at 8 p.m. (half price wine bottles) Thursdays — Seafood Night (reservations 288-4641) Friday — Chef ’s specials, Martini Night, Alex Thompson on keyboard Saturday — No entertainment, prime rib specials Sundays — Brunch and Bloody Mary Bar
at 319 W. Main St., Spindale. Admission — members free, guest $5. Saturdays from 10 p.m. until 2 a.m. Each Thursday is ladies’ night and Karaoke from 8 to 11 p.m. Shagging every Friday night from 8 to 11 p.m.
classes are also available: Aug. 7 – Loop-de-Loop Crystal bracelet, 10 a.m. to 1 p.m. Aug. 10 – Ode to Charleston ring, 6 to 8 p.m. Aug. 14 – Crystal pebblestone bracelet, 10 a.m. to 1 p.m.
Wagon Wheel Dance Club, W.E. Padgett Rd., Bostic, offers music by the Broken Axle Band and line dancing, partner dancing, swing and more. Hours are 7:30 p.m. to midnight. Website www.wagonwheeldanceclub.com.
Red Planet Games & Hobbies 118 E. Main St., Forest City, offers: Monday – Family Board Game Night, 6 p.m. Tuesdays — Magic the Gathering Tournament, 6 p.m. Wednesdays — New comic books arrive, Dungeons & Dragons Encounters, 6 to 9 p.m. Thursdays — The Spoils Tournament, 6 p.m. Fridays — Friday Night Magic starts at 6 p.m. Saturdays — Hero Clix Tournament, 1 p.m.; Monsterpocalypse, 6 p.m.
Moose Lodge: Contagious will play Friday from 9:30 p.m. to 1 a.m.; doors open at 8 p.m. Seams to Be Fabrics, located at 256 U.S. Hwy. 74 Bsn., (beside the Moose Lodge), offers a variety of sewing classes. Off the Beaded Path, located at 120B West Trade St., Forest City, offers Try-it-Tuesdays (every Tuesday) which features brief jewelry-making demos. The following
Club L.A. is a private club for members and guests, located
Max Cruise (Ron McKinney), and Rick Mullins perform every Saturday from noon to 3 p.m., at 57 Alpha Café, Rutherford
County Airport. Black Pearls Farm in Bostic, a non-profit Equine and CSA Learning Center, holds open horse lessons, Saturdays beginning at 10 a.m., (call ahead). Contact Barbara Henwood at 245-0023. Website blackpearlsfarm.com. The Artists’ Guild of Spartanburg is exhibiting “Patterned Idolatry,” a collection of paintings by the 2008 winner of the Guild’s Annual Juried Exhibition, Holly Ann Sailors, through Aug. 27 at the Guild Gallery in the Chapman Cultural Center. Sailors, a Rutherford County native, took first prize in the juried exhibition two years ago, and was the youngest winner in the event’s history. A reception for the exhibit will be held during the Art Walk Thursday, Aug. 19, from 5 to 9 p.m. For more information, contact the Spartanburg Artist Guild at 864-764-9568
Pamper Yourself
Points To Ponder Lanny funchess
––– funeraL director –––
DEATH BENEFITS
I am frequently asked about death benefits provided through the Veterans Administration and Social Security. There have much miscommunication from well meaning individuals concerning these two possible sources of income as it relates to final expenses. The Social Security Administration will offer a surviving widow/widower or dependent child a “one-time” lump sum benefit of $255.00. This can be applied for by contacting the nearest Social Security Office. There must be a surviving spouse or dependent child, and the deceased must have met the minimum number of quarterly reporting periods during their working career as set forth by Social Security. Honorably discharged veterans with a minimum of 24 months of service may be eligible for benefits, if their death occurs while they are an inpatient in a Veterans Administration facility or, if their death can be attributed to a service connected disability. If the veteran meets one of these requirements the family may qualify to receive a burial allowance of $300.00,
a burial plot allowance of $150.00, and transportation costs from the VA facility to the veteran’s home of record. Every veteran, if honorably discharged, is eligible for burial flag. Additionally, if they have met the 24 month service requirement they are also eligible for a VA headstone. The family may also elect to use a National Cemetery. Neither the Veterans Administration nor the Social Security Administration provides substantial benefits to cover entire funeral costs. It would not be advised for any of us to count on these funding sources as the only source to pay for final expenses.
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Send us your
SEPTEMBER BIRTHDAYS with One Dollar to be included in our
CAlEnDAR published the first of September
Submit birthdays for September by August 30th
Send to: The Daily COurier attn: Birthday Calendar 601 Oak Street Forest City, NC 28043
STK# F4982A
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Sale Hrs: Mon.-Fri. 9am-7pm Sat. 9am-6pm
Name: Birth Date:
The Daily Courier
GREAT WITH COFFEE, AND PART OF YOUR MORNING!
The Daily Courier, Forest City, NC, Friday, August 13, 2010 — 3A
Local Projects
the heritage council,” spoke on behalf of the Chandler said. Rutherford Community “It was good to Theatre and also on the Continued from Page 1A hear what everyone Union Mills Learning is doing,” said Jerry Center. “I’m a one perWestern North Stensland, Rutherford son cheerleader for Carolina,” she said. Rutherford County,” “Despite economic hard County heritage, recreation and cultural she said. times, this group and planner. He said receivKeller said in the its partners continue ing an update on the past year 900 people to find collaborative Mary B. Mullen Bible have visited the UMLC ways to move forward its plans to sustain and Camp from its director for various programs, Yvonne Gordon was including the bluegrass develop its heritage very amazing. festivals and communiproduct. Every project Other presentty theatre productions. I heard about has the ers included John She said the acoustics capacity to preserve McWhorter, town there are “like the old some important hisof Rutherfordton; Ryman Auditorium” in torical assets and grow Heritage Projects, Nashville, Tenn. the county’s heritage Chivous Bradley and tourism efforts. Stensland; G-Team, McWhorter told the Wilford McDowell; group of the plans for “When people travel Visual Artists Guild, Rutherfordton’s historic or when they choose Sandy Fox; Trails and district and master to live in an area, library representatives plan as the economy they are looking for Martha Schatz and improves. authentic experiences Alice Bradley. “What we are waiting that express the area’s They announced the on is for everything to distinctive culture,” Genealogical Society pick-up,” he said. Chandler continued. Library is now a part There are 19 different “The Rutherford of the CMC Library historic sites in downCounty projects all Consortium. town Rutherfordton. fit this description as Deborah Keller “We do have people to well as supporting and providing activities for local citizens. “I was also very pleased with the diversity of projects — from Revolutionary War history, to the AfricanAmerican and native NC Certified Family Law Specialist American stories, to the arts, to genealogy, to music, education, www.kinglawoffices.com historic preservation, trails, to the story of gold in the mountains – Rutherford County has much to be proud of and build on,” she added. “I look forward to a A PROFESSIONAL LIMITED LIABILITY COMPANY strong partnership with
come to this end of the county to visit,” he said. He recently met a couple from Simpsonville, S.C., who was coming through Rutherfordton and after reading signs in town, returned some time later when they could spend the day. Among Facilities Initiatives in the Rutherford County Heritage Plan are: Rutherford County Heritage Center; Florence Mill Legacy,
Inc.; Chimney Rock Village Museum and Visitors Center; Lake Lure and Blue Ridge Visitors Center; BosticLincoln Center; Purple Martin Amphitheatre, Rutherfordton; Chimney Rock Village Green; Heritage Park at Florence Mill; and Mary B. Mullen Bible Camp. Contact Gordon via e-mail at jgordon@thedigitalcourier.com.
HUNNICUTT FORD 565 OAK STREET, FOREST CITY
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Give buyers what they want
If you are thinking about placing your home on the market, you should consider what today’s buyer’s are looking for and do your best to give it to them. With this in mind, the desirability of ecofriendly homes is decidedly on the increase. Buyers are looking for everything from recycling bins in kitchen cabinets to tankless water heaters, low-e windows, and programmable thermostats. While the first three items on this buyer wish list represent sizable expenditures, they are well worth the cost to upgrade to them if you are redoing your kitchen; replacing your water heater; or swapping out old, leaky windows for new ones. A programmable thermostat is an easy and inexpensive upgrade. In today’s market, “green” is in. At OdeAn Keever & AssOcIAtes, we know what ‘bells and whistles’ buyers are seeking. Allow us to assist you in marketing your property. Our goal is to assure that you will get the best return for your real estate investment. reach us today at (828) 286 -1311. We will arrange an initial meeting and we will provide you with a free market analysis, and discuss an individualized market plan with you. the office is conveniently located at 140 U.s. Highway 64, rutherfordton. We will exceed your expectations!
Attorney Brian King
(828) 286-3332
HInt: extra insulation in the attic is a good investment when it comes to selling your home to buyers with energy efficiency on their minds.
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Things we want you to know: New two-year agreement (subject to early termination fee) and credit approval required. A $30 activation fee may apply. Regulatory Cost Recovery Fee applies; this is not a tax or government-required charge. Additional fees, taxes, terms conditions and coverage areas apply and vary by plan, service and phone. Use of service constitutes acceptance of the terms of our Customer Service Agreement. Promotional Phone subject to change. Mail-in rebate will be paid by U.S Cellular in the form of a U.S. Cellular Visa Debit Card. U.S. Cellular Visa Debit Card issued by MetaBank pursuant to a license from Visa U.S.A., Inc. Allow 10-12 weeks for processing. Card does not have cash access and can be used at any merchant location that accepts Visa Debit Cards. Card valid for 120 days after issued. Mobile Internet Plan is $14.95 per month. Premium Mobile Internet Plan is $19.95 per month. Smartphone Plans start at $30.00 per month. Application and data network usage charges may apply when accessing applications. $20 Vitual Account: $20 virtual accounts are issued by MetaBank. Credit must be redeemed by 11/1/10. Customer must have or create a Google Checkout account in order to redeem. Credit will be processed within 4 to 8 hours and provided to customer via e-mail. Once redeemed, credit is valid for 120 days. Virtual account funds can used only for online purchases with Google Checkout. BOGO: Buy one handset and get a second handset for free. Mail-in rebate and activation required on each handset. See store for details or visit uscellular.com. Limited-time offer. Android, Android Market, Gmail and Google Maps are all trademarks of Google, Inc. Trademarks and trade names are the property of their respective owners. ©2010 U.S. Cellular.
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4A — The Daily Courier, Forest City, NC, Friday, August 13, 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 Actions needed to have success
T
wo meetings were held in Rutherford County this week that could help the county as it tries to recover economically. The first meeting was held at Isothermal Community College where area business people and college officials discussed the workforce training and development programs available at the college. The second was held Friday when area business people met with Advantage West to talk about an entrepreneur support program. Both of these programs can benefit the county. One will help prepare workers for jobs. The other can help potential employers get their businesses off the ground. These are the kinds of efforts that are desperately needed, but they have to be aggressively pursued. Even great ideas will never lead to success until someone takes action.
Our readers’ views Thanks Ramada Inn for its hospitality
Says Nell Horn will be greatly missed here
To the editor: I love Rutherford County and am glad that I moved here. But there was an incident Friday night that occurred at a motel in Forest City that absolutely left me furious. My mother and her boyfriend came up from Florida to bring my daughters home from their time with my mother. Because the motel was the only one with vacancies, I told them that was their only option. Little did I know that the night manager would give my mother and her boyfriend such a hard time about finding a room that would not make him sick (he has very sensitive allergies). Both rooms the manager put them in caused his airways to begin to close up. When my mom went to the office to tell the manager that they could not stay, the manager kept some of my mother’s money but proceeded to cuss at and use inappropriate gestures towards my mother and her boyfriend in front of myself, my husband and our two young daughters. Lucky for us, my mother, her boyfriend, and another guest who had problems with the manager were able to find other rooms at another motel to stay in while they were in town. Thank you so very much Ramada Inn for your hospitality to out of town visitors. Jessica Dunham Bostic
To the editor: In reading Susan Reepe’s letter regarding the recent passing of Nell Horn, I know also that so many of us will miss her. I wasn’t at the store nearly as much as my mother. When I couldn’t find a certain plant or decoration that I was looking for my mother would tell me to just go over there and ask Nell about it. You take those things for granted until that person is no longer with us and then you realize how important they were. Nell Horn will certainly be missed. Susan Mayse Hollifield Bostic
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
Advantage West can be a advantage for county Advantage West is an economic development group for Western North Carolina that’s celebrating 15 years of helping out in our region. On Thursday, I got to sit in on an economic roundtable meeting that talked about this group and their new Certified Entrepreneurial Community program. This is a great idea — to help people start their own businesses — but my first thought was, do we really need to be “certified” as another type of community? We’re already “Small Town Friendly” and “Small Business Friendly” and a certified “e-community” as touted on the signs you see when you enter Rutherford County. I’m not even sure what some of those mean, and I’m a media guy who covers a lot of economic stuff like the Economic Development Commission and so forth. It seems we’ve got a metric ton of government and venture capital money out there up for grabs, but no one really knows how to access it. Or,
Some Good News Scott Baughman
if they do, they don’t know how to present their business plan in such a way as to make them seem like a good investment. So, as various reps from the different groups gave their sales pitch, as it were, on Thursday, I was left wondering what good another certification would do for us. Turns out, I wasn’t the only one as Omer Causby from the EDC and Rutherford County Chamber of Commerce President Rick Austin were asking some of the same questions. Omer said we always start out down these roads with good intentions, but we never follow through. And then Linda Parks from Fireside Books and Gifts said she didn’t want it to be just a Forest City thing or just a
Entrepreneurs are a good thing for our county. They’re much more likely to put down roots and invest in the county not only economically, but also helping out local schools, being mentors for students, sponsoring community events, etc. etc. Rutherfordton thing. Austin said we all had to learn to play nice together to make it work. Entrepreneurs are a good thing for our county. They’re much more likely to put down roots and invest in the county, not only economically, but also helping out local schools, being mentors for students, sponsoring community events, etc. etc. Manufacturing as this county once knew it, is as dead as the dinosaurs as far as most young people are concerned. You know, I didn’t live in Rutherford County when textiles were king. When I hear people talk about that extinction as though it were just yesterday, it drives me up the wall. For
people in my generation, you might as well be referencing the 1920s. The death of manufacturing in the Southeastern USA happened while we were in high school. Can we please move on and look at something for the future? Yes, yes we can. And I think this CEC program is a good start. Linda Parks said it best with this quote. “There are many businesses in the county that will have generations of family growing and expanding their business and ideas if they can survive today. But right now, you’ve got to visit 25 websites to find out what is going on in this county.” She highlights the fact that you just can’t seem to find the information you need on
getting access to the money to start your business. Or the data you need to get taxbreaks, or make sales or just ... you know ... stay in business. This sounds like something I can help fix over at thedigitalcourier.com. Maybe I can coordinate a listing of agencies and such that can help entrepreneurs. But the other thing — the turf wars and tribal attitudes that Austin and Causby allude to — are something none of us can fix on our own. We’ve got to cooperate if we’re going to get through this. I’m not suggesting something as radical as consolidation or annexation or anything, but just for us to keep in mind that a rising tide lifts all boats. It might sound a little Zen, but a group effort could be just what we need for individuals to make their businesses succeed. And that’s some good news. Contact Baughman via e-mail at sbaughman@thedigitalcourier.
The Daily Courier, Forest City, NC, Friday, August 13, 2010
—
5A
Local/Obituaries
Three charged in check scam Obituaries By LARRY DALE Daily Courier Staff Writer
RUTHERFORDTON — Three people from Spartanburg, S.C., have been charged in what the Rutherfordton Police Department is describing as a check-kiting operation. Shaquasia Shanigka Jackson, 22, of 2096 E. Main St., is charged with two counts of obtain property by false pretense and one count of attempted obtain property by false pretense. Amber Leigh Holcomb, 23, and Bobby Joe Holcomb, 29, both of 127 Freemont Ave., are charged with two counts of aid and abet obtain property by false pretense and one count of common-law felony aid and abet. Each of the three is under a $30,000 secured bond in the Rutherford County Jail. On Wednesday the RPD received a call to respond to N.C. Tractor & Farm Supply, at 509 Railroad Ave., in reference to people attempting
Rita Anderson Rita Jo Hardin Anderson, 63, of Forest City, died Tuesday, Aug. 3, 2010, at Hospice House in Forest City. A native of Rutherford County, she was a daughter of the late Bronson and Martha Watson Anderson. A. Holcomb B. Holcomb Jackson She was a member of Centennial United “This is the act of opening to purchase a tractor with Methodist Church and an account with the minifraudulent checks, accordattended Spindale United mum balance required and ing to a press release from Methodist Church. She was a writing as many checks as the Police Department. The graduate of King’s College in you can before the account three were arrested there. Charlotte. is closed, and when it is, you Earlier in the day, the Survivors include a go to another bank and open daughter, Stacie Duvall Police Department took a new account, and the pro- of Fayetteville; a brother, reports from Morrow cess starts all over again.” Enterprises and Ace Tim Anderson of Saratoga Hardware, in which three Springs, N.Y.; seven grand“The quick response of offi- children; and two greatpeople had purchased lawn cers as well as the businesses grandchildren. mowers and other items communicating with each and paid with checks that Memorial services will other to give descriptions were later determined to be be held Sunday at 2 p.m. led to the quick capture of bogus. at Centennial United these individuals,” Kempster Methodist Church with the “Through investigation it added. was revealed these subjects Revs. Carl Ramsey and Jim were involved in what is Pyatt officiating. called check kiting,” said Memorials may be made Contact Dale via e-mail at ldale@thedigitalcourier.com RPD Lt. Kenny Kempster. to Centennial United Methodist Church. McMahan’s Funeral Home and Cremation Services is in charge of arrangements.
SBI suspends use of training manual
RALEIGH (AP) — The new director of North Carolina’s top law enforcement agency has suspended use of a training manual that told agents how to cooperate with prosecutors and improve their cases. The News & Observer of Raleigh reported Thursday as part of its series on the State Bureau of Investigation that Greg McLeod suspended use of the manual a day earlier. McLeod took over as SBI director this week, replacing Robin Pendergraft, who was assigned to head a newly expanded Medicaid fraud unit.
The Basic Law Enforcement Training manual, last revised in 2007, teaches officers to tell district attorneys in advance about weaknesses in a case “so that the trial of the case can be planned to minimize the weakness’ impact.” It also talks about conviction rates, saying that a “good reputation and calm demeanor” will enhance an analyst’s rate. The manual says that “if the answers are favorable to the defendant and harmful to your case, SPIT IT OUT ANYWAY. Such testimony should be given in the same tone of voice used during
direct examination.” “There’s some language in this document that should not be there, and there should be a thorough review of it,” Attorney General Roy Cooper told the newspaper. Pendergraft, while still SBI director, said she had never seen the manual and that she found it interesting. McLeod then suspended the manual’s use Wednesday. The manual advises officers to tell the truth and to not commit perjury. But it also says that officers should not discuss cases with defense attorneys unless the district attorney has agreed.
Police Notes Sheriff’s Reports
n The Rutherford County Sheriff’s Office responded to 119 E-911 calls Wednesday. n Damage to a steel door was reported at R-S Central High School, 641 U.S. 221 North, Rutherfordton. n Mary Maggieleen Thompson reported the theft of checks. n Ronald Earl Yelton reported damage to the front door of an apartment. n Linda McAuther Harris reported the theft of two air conditioners.
Rutherfordton
n The Rutherfordton Police Department responded to 36 E-911 calls Wednesday. n The theft of scrap aluminum was reported at B&J Glass. n The theft of laptop computers was reported at R-S Middle School.
Spindale
n The Spindale Police Department responded to 24 E-911 calls Wednesday.
Lake Lure
n The Lake Lure Police Department responded to three E-911 calls Wednesday.
Forest City
n The Forest City Police Department responded to 57 E-911 calls Wednesday. n An employee from Ingles reported an incident of attempt to obtain property by false pretense and larceny. (See arrests of Esteban and McKelvey.) n Jonathan Carlisle reported a larceny.
Arrests
n Juan Jose Esteban, 52, of Arlington Street, Forest City, charged with attempting to obtain property by false pretense and larceny; placed under a $5,000 secured bond. (FCPD) n Chasity Maylene McKelvey, 35, of Arlington Street, Forest City; charged with attempting to obtain property by false pretense and larceny; released on a
written promise to appear. (FCPD) n Kayleb Richard Emmons, 20, of Trade Street, Tryon; arrested on a warrant for two counts of obtain property by false pretense; placed under a $10,000 secured bond. (FCPD) n Max Henry Head, 70, of Harmon Street, Forest City; arrested on a warrant for assault on a female; released on a written promise to appear. (FCPD) n Fredrick Marquis Camp, 24, of 251 Peppertown Road; charged with felony probation violation; placed under a $10,000 secured bond. (Probation) n Jenny Marie Palmer, 27, of 142 Old U.S. 221; charged with assault and battery; released on a $500 unsecured bond. (RCSD) n Shayne Dorrelle Littlejohn, 22, of 207 Georgia St.; charged with assault by pointing a gun; released on a $1,000 unsecured bond. (RCSD) n Harold Spencer Allen, 71, of 152 U.S. 221A; charged with misdemeanor stalking; released on a $1,000 unsecured bond. (RCSD) n William Terry Hudgins, 53, of 215 Howe St.; charged with obtain property by false pretense; placed under a $10,000 secured bond. (RCSD) n Chris Leigh McClellan, 31, of 343 Johnson Road; charged with failure to comply on child support; placed under a $600 cash bond. (RCSD) n Joseph Zachary Malone, 16, of 1973 N.C. 120; charged with breaking and entering, felony larceny and misdemeanor larceny; freed on a custody release. (RCSD) n Keela D. Blanton, 27, of 264 Elm St.; charged with resisting a public officer, driving while license revoked and failure to stop at a stop sign or flashing red light; placed under a $2,500 secured bond. (RCSD) n William James Conner, 48, of 2146 Centennial Road; charged with misdemeanor probation violation; placed under a $10,000 secured bond. (RCSD)
n Scott Akio Nihiwai Jaggers, 34, of 564 Leach Road; extradition/ fugitive from other state; placed under a $100,000 secured bond. (RCSD) n Jennifer Michelle Bridges, 27, of 153 Autumn Lane; charged with misdemeanor larceny; placed under a $1,000 secured bond. (RPD) n Lawanna Louise Jones, 51, of 148 Autumn Lane; charged with aid and abet larceny; placed under a $1,000 secured bond. (RPD)
EMS/Rescue n The Rutherford County EMS responded to 39 E-911 calls Wednesday. n The Volunteer Life Saving and Rescue, Hickory Nut Gorge EMS and Rutherford County Rescue responded to four E-911 calls Wednesday.
Fire calls n Forest City firefighters responded to a gas leak. n Hudlow firefighters responded to a smoke report. n Rutherfordton firefighters responded to an industrial fire alarm. 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.
Online condolences: www.mcmahansfuneralhome.com
Allen Collins James Allen Collins Sr., 75, of Georgia Avenue, Forest City, died Wednesday, Aug. 11, 2010, at the Hospice House of Forest City. A native of Rutherford County, he was a son of the late Benjamin A. Collins Sr. and Leila Walker Collins. He served in the Army National Guard, was a member of the First Baptist Church of Forest City and was co-owner of Collins Metal Company. He was preceded in death by his wife, Nancy H. Collins. Survivors include a son, James Allen Collins Jr. of Nashville, Tenn.; two daughters, Lee Collins Murray and Geni Collins Greenley, both of Forest City; a brother, Berry Collins of Forest City; a sister, Suzette CollinsTielman of Forest City; and six grandchildren. Funeral services will be held Saturday at 11 a.m. at First Baptist Church of Forest City with Dr. Barry K. Keys officiating. Burial will follow at the Cool Springs Cemetery. Visitation will be Friday from 6 to 8 p.m. at The Padgett and King Mortuary. Memorials may be made to Hospice of Rutherford County, P.O. Box 336, Forest City, NC 28043. Online condolences: www. padgettking.com
Burrell Wood Burrell F. Wood, 81, of 125 Westmore Drive, Ellenboro, died Thursday, Aug. 12,
Jan Owens Janet Byers Owens, 51, of 119 Delta Street, Forest City, died Tuesday, August 10, 2010 at Rutherford Hospital. A native of Rutherford County she was born April 17, 1959, a daughter of the late Earl and Patricia Shaw Byers, Sr. Jan was employed as Customer Service Representative with Henson Cabinet and Flooring and was a member of Campfield Memorial Baptist Church. She is survived by one daughter, Whitney Conner of Forest City; two brothers, Earl Byers, Jr. and wife, Sherry of Macon, Georgia, Derek Shaw and wife, Denita of Shelby; one sister, Lisa Marlow and Roger Holland of Forest City, and a special life long friend Sherry Byers Price. Funeral services will be held 11:00 AM Saturday, August 14, 2010 at Campfield Memorial Baptist Church with Rev. Scott Huffman, Rev. Joey Cantrell and Rev. Ricky Poteat officiating. Burial will follow in the church c e m e t e r y. Visitation will be held 7:00-9:00 P.M. Friday, August 13, 2010 at McKinney-Landreth Funeral Home Cliffside. McKinney-Landreth Funeral Home is serving the Owens family. An online guest register and video tribute is available at www. mckinneylandrethfuneralhome.com
Paid obit
2010, at Fair Haven Home. A native of Rutherford County, he was a son of the late George Timmons Wood and Gertrude Short Wood. He served in the Army and was a veteran of the Korean War. He worked for Cone Mills Avondale Plant as a fixer for 44 years before his retirement and was a member of Caroleen United Methodist Church. Survivors include one brother, George Wood Jr. of Forest City; two sisters, Elizabeth “Lib” Turner and of Caroleen and Gail Quinn of Ellenboro. He is also survived by several nieces and nephews. Funeral services will be held Saturday at 2 p.m. at Harrelson Funeral Chapel with the Rev. Phillip Park officiating. Burial will follow at the Caroleen-Henrietta Cemetery with military honors accorded by the Rutherford County Honor Guard. The family will receive friends one hour prior to service time at the funeral home. Memorials may be made to Caroleen United Methodist Church, General Fund, P.O. Box 187, Caroleen, NC 28019 or to Hospice of Rutherford County, P.O. Box 336, Forest City, NC 28043. Harrelson Funeral Home is serving the family of Burrell F. Wood. Online condolences: www.harrelsonfuneralhome.com
Deaths Alexander G. Higgins GENEVA — Alexander G. “Sandy” Higgins, who covered the U.S. Embassy siege in Tehran as The Associated Press’ last bureau chief in Iran and served as a longtime AP bureau chief in Geneva, died of cancer Thursday. He was 66. Lou Smit COLORADO SPRINGS, Colo. (AP) — Longtime police detective, Lou Smit, who first investigated and then supported Jon Benet Ramsey’s parents, has died. Smit’s long career included years as an investigator for the Colorado Springs Police Department and the El Paso County sheriff’s office. His dogged police work was credited with helping lock up more than 200 killers. Elaine Koster NEW YORK (AP) — Elaiane Koster, a publisher and literary agent with a knack for new talent, has died. Koster, who gave a second chance to an obscure horror writer named Stephen King and took on an unknown Khaled Hosseini and The Kite Runner, was 69.
Rita Jo Hardin Anderson Rita Jo Hardin Anderson, age 63, of Forest City, NC, died Tuesday, August 3, 2010, at Hospice House of Rutherford County in Forest City, NC. She was a member of Centennial United Methodist Church and attended Spindale United Methodist Church. Rita was a graduate of King’s College in Charlotte, NC. A native of Rutherford County, she was the daughter of the late Bronson and Martha Watson Anderson. She was preceded in death by her step son Marty Hardin. She is survived by one daughter, Stacie Hardin Duvall and husband David, Fayetteville, NC; one brother, Tim Anderson and wife Kathy, Saratoga Springs, NY; seven grand children; and two great-grand children. A memorial service will be held at Centennial United Methodist Church at 2 p.m., Sunday, August 22, 2010 with the Rev. Carl Ramsey and the Rev. Jim Pyatt officiating.. In lieu of flowers memorials may be made to Centennial United Methodist Church McMahan’s Funeral Home and Cremation Services is assisting the Anderson Family.
An online guest register may be viewed at www.mcmahansfuneralhome.com
PAID OBIT
6A — The Daily Courier, Forest City, NC, Friday, August 13, 2010
Calendar/Local Festival Continued from Page 1A
Ongoing Foothills Harvest Ministry: bag sale; fill a plastic grocery bag with shoes and clothing for $5. Silent auctions for Relay for Life: Held weekly through Sept. 10. Photos and details will be posed on the Rutherford County government website at www. rutherfordcountync.gov. Items will be posted each Monday and bids end each Friday at noon. For information or to place a bid, e-mail Debra Conner, debra.conner@rutherfordcountync.gov. Luniaria sale and can food drive: Relay for Life Rutherford County is selling luminarias, which will be lighted Sept. 10 at Relay for Life, for $10; luminarias may be purchased online at www. relayforlife.org/rutherfordnc or by calling Gail Strickland, 245-2156 or 233-1735. In addition, canned foods will be used to weigh downt he luminarias. After Relay, the canned foods will be donated to Communities in Schools and Grace of God Rescue Mission; cans should be 11 to 15 ounces to best fit in the luminarias. 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. Real estate broker pre-licensing courses:Saturdays, 9 a.m. to 5:30 p.m., beginning Aug. 21; $175 plus books; visit www.isothermal.edu/ learnstuff or call 286-3636 ext. 346.
Friday, Aug. 13 Health fair and back-to-school event: 10 a.m. to 1:30 p.m., Carolina Chiropractic Plus; lunch provided with donation of a school supply.
Saturday, Aug. 14 Yard sale: 6 a.m. to noon, Union Mills Community House; tables are available to rent for $5 for inside or out, proceeds from table rentals will benefit Union Mills Community Development Club. For information, call Pat, 2897247, or Barbara, 287-2388. Breakfast/yard sale: 7 to 11 a.m., Whitehouse Community Center, Union Mills; menu includes sausage, livermush, eggs, gravy, buscuits, grits, jelly, coffee and juice; adults $5, children $3, children younger than 6 free. 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. 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. Low-cost vaccine clinic: noon to 1 p.m., Thunder Road Animal Hospital; rabies shots, one year $10 cash, three year $12 cash; other discounted vaccines available. Bingo: 5 p.m., old Gilkey School; sponsored by Rutherford County Traffic Control; hot dogs with all the trimmings, French fries and drinks will be sold; proceeds will go to the purchase of new traffic control equipment.
Monday, Aug. 16
tribute to the film’s stars who have died, including Patrick Swayze and Jerry Orbach. The festival will pick up again Saturday morning at 9, with a full schedule of events – shag, salsa and mambo lessons (just like at Kellermans), a lake lift, log dancing and watermelon carrying contest and music by 60s bands Billy Scott and the Party Prophets and Maurice Williams and the Zodiacs. “Saturday will really focus on the music and dance of the era,” Yelton said. Those from the area involved in the film or who served as extras will also be featured on Saturday between 12:30 and 1:15 p.m., and if you want to see other locations where the film was shot, there will be a self-guided tour in the festival program. Attendees, Yelton said, are coming from as far away as Texas, Ohio and even Washington State.
CEC Continued from Page 1A
The list would also help start-ups find ways to get funding or loans or business advice. Lewis also said the CEC program hopes to encourage communities to come up with comprehensive plans for broadband access. A local unit of government must sign a letter of intent to start the CEC process. It could be the County Commission, Rutherfordton, Forest City, Spindale, Lake Lure, etc. County Attorney Beth Miller is a member of the board at Advantage West, so many in attendance thought the commission should spearhead the effort. “I think this needs the support of the county commissioners, so it
Daniels Continued from Page 1A
Taz DiGregorio met a few fans in the hall. He’s been with Charlie Daniels Band 40 years. “Do you know how many shows I’ve missed in 40 years?” Then replied, three. Only three.” He’s never grown tired of touring, he said. “Do I look tired?” he asked. Before the concert, Daniels took a few minutes backstage to meet and greet fans and winners of ticket contests and signed a few autographs, including ones for Sandy Harrill and Thomas Harrill of Thermal Valley. Fans ranged from 11-year-old Emily Robinson from near Belmont who arrived at least an hour before the
Tuesday, Aug. 17 PWA meeting: Noon, Big Dave’s; Professional Women’s Association meets at noon the third Tuesday of each month; lunch is dutch treat; speaker this month is Kim Smith from Hospice; for information, call Margi Miller at 287-5928 or 301-938-9966 or Nikki Carpenter, 286-7062. HOPE Support Group: Tuesdays, at 6 p.m. at the Center of Living for any adult in the community who has lost a loved one.
FOREST CITY — A full-color, commemorative program for the inaugural Dirty Dancing Festival in Lake Lure will be published and distributed exclusively by The Daily Courier. In addition to reaching readers of The Daily Courier when the program comes out on Wednesday, Sept. 15, businesses have the opportunity to reach an additional audience of 5,000 through copies that will be distributed at the event Sept. 17 and 18. “As the newspaper for Rutherford County, we felt it was important to
become involved as a media sponsor and promote the event in any way we can,” said Publisher Jodi V. Brookshire. “This is just a wonderful opportunity for Rutherford County and we want to help it succeed.” There are opportunities for businesses in the county to advertise in the program, Brookshire said. “It’s a great way to get your business’ information across to Daily Courier readers and those coming into town for the festival,” she said, “and it’s a great way to support the festival itself.”
“I see this event having a major long-term effect on this county,” she said, adding “We’re definitely going to do it every year. I encourage people to go ahead and get festival tickets while there is still plenty of time.” Proceeds from the event will benefit
Hospice of Rutherford County, the Foundation Performing Arts Center and the Lake Lure Youth Center.
wouldn’t be just a Forest City or just a Rutherfordton thing,” said Linda Parks, who operates Fireside Books and Gifts in Forest City. Some in attendance expressed concern that ideas like the CEC program often get started in Rutherford County but lack follow-through. “We’ve been down this road before,” said Omer Causby, who serves on the Economic Development Commission board. “We seem to gather a list of resource and then it just dies. I think I’m going to jump off a building if I see another strategic plan.” Parks agreed and added, “I see so many little organizations trying so hard at wonderful things, but there is no sense of control. I don’t have someone coming by the store and asking me how my business is going or what I need. There are many businesses in the county that will have generations of family growing and expanding
their business and ideas if they can survive today. But right now, you’ve got to visit 25 websites to find out what is going on in this county.”
show with her parents. She rushed into the rest room to put on her new $30 Charlie Daniels t-Shirt and was ready to rock and roll. She bought a $10 bandanna too. “I love him,” she said. “We saw him at the NRA convention.” Lesley Gibbons, promotions manager at the Foundation said only a few tickets remained at show time. “I think it’s going to be full and Rutherford County is going to be rocking tonight.” Hildreth Walker, 81, has been a long time fan of Daniels because “he’s so down to earth, just like the rest of us.” Joyce Hoyle of Union Mills, Billie Lee of Rutherfordton and Vesteen Logan of Spindale, munched on pretzels and sipped water just before the show. “We love him,” said Hoyle.
Logan had never seen him, but was very excited about the concert. The threesome travel to as many concerts as possible. They have also seen Ray Price and Ronnie Milsap at the Foundation. Daniels and the bank performed songs form his latest CD released August 10 of patriotic songs, “Land that I Love.”
For more information on the festival, visit www.dirtydancingfestival. com.
Rutherfordton Mayor Jimmy Dancy said, “I think this is an area that is important for us to be moving in. The Rutherford County Chamber of Commerce has a lot of assets working in your favor to assist us. I hope the chamber will continue to be a part of the progress we need to make.” Rick Austin, president of the chamber, was in attendance and agreed with Dancy in principle. “I agree that we need to learn how to play nice together to make a program like this work,” Austin said. The group will now approach the county commission about a start-up. Contact Baughman via e-mail at sbaughman@thedigitalcourier.com.
In addition to band member Taz, other Charlie Daniels Band members are Chris Womer, Charlie Hayward, Bruce Brown, and Pat McDonald. Daniels left Spindale Thursday night for Atlanta, Ga., where he performs tonight, then its onto Florida, DallasFort Worth and to San Diego where he wraps up his tour Aug. 28. Contact Gordon via e-mail at jgordon@thedigitalcourier.com.
Rutherford Notes TDA’s Photo contest deadline is Sunday FOREST CITY — The deadline for the Rutherford County Tourism Development Authority photography contest is Sunday. Submitted photos can show any natural, historical or cultural subject in the area. Photos must depict Rutherford County from a public vantage point and one that a visitor could access as it appears in real life. Photos with a front porch view or those with a porch in them are encouraged but
not required as judges are looking for a diverse collection of entries. Participants may submit up to three digital photos to the contest’s official Flickr account. The contest is open now through Aug. 15, 2010. To enter, please visit http://blueridgefrontporch.com/photocontest and complete the online form before uploading your photo to the contest’s Flickr account. For questions regarding the contest contact Michelle Whitaker at Michelle.Whitaker@rutherfordcoun-
tync.gov or call 245-1492.
Lake Lure school open house is set Saturday LAKE LURE — School opens here Wednesday, Aug. 18 for the first time in almost half a century, and before the official first day of school, an Open House for Lake Lure Classical Academy, a charter school, will be Saturday, Aug. 14, from 1 to 3:30 p.m. An official ribbon cutting is scheduled for 3:45 p.m.
About us...
Youth/livestock building committee meeting: 3 p.m., Rutherford County Annex Building; committee will be reviewing the proposed construction plan for phase I and make recommendations. 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.
Courier partners with festival
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The Daily Courier, Forest City, NC, Friday, August 13, 2010 — 7A
Inside Scoreboard . . . . . . . . . Page 8A PGA . . . . . . . . . . . . . . Page 9A NBA . . . . . . . . . . . . . . Page 9A
Night Hunting
Off The Wall Scott Bowers
Full day for county sports fans
Jamboree at Central RUTHERFORDTON — The 2010 Rutherford County Jamboree will be held at R-S Central, tonight. The Hilltoppers JV and varsity football teams will be joined by Chase and East Rutherford at the scrimmages. Greer, Hunter Huss and North Henderson will join the three county schools that play out of the South Mountain 3A/2A Athletic Conference.
NASCAR’s Jack Roush out of hospital ROCHESTER, Minn. (AP) — NASCAR team owner Jack Roush has been released from a Minnesota hospital two weeks after he suffered facial injuries in a Wisconsin plane crash. Roush Fenway Racing said Thursday it’s still unclear when Roush will return to the race track. Roush was attending an air show in Oshkosh, Wis., late last month. He was at the controls of a small plane that crashed while trying to land. He was able to walk away from the crash. His passenger was treated and released from a hospital the next day. Roush was released from the Mayo Clinic in Rochester, Minn., on Wednesday. He says he’s grateful for the outpouring of support and concern he received. Roush has won championships in NASCAR’s top series with Matt Kenseth in 2003 and Kurt Busch in 2004.
Garrett Byers/Daily Courier
Forest City’s Tarran Senay (top to bottom), Andy Ciencin and Reed Harper return to the dugout in this Courier file photo. The Owls were in Edenton taking on the Steamers in Game 1 of the 2010 Petitt Cup Finals. See Page 8A for story.
Panthers Begin Play
Oh, yeah, the Panthers The Carolina Panthers open the 2010 preseason with a visit to Baltimore tonight. Tiger Woods has a better chance at winning the PGA Championship this weekend, than the Panthers do of having a winning record this year. Forget the Super Bowl.
Local Sports BASEBALL Coastal Plain League 2010 Petitt Cup 7 p.m. Game 2: Edenton Steamers at Forest City Owls FOOTBALL 2010 Rutherford County Football Jamboree 6 p.m. Chase, East Rutherford & R-S Central at R-S Central High (JV & Varsity, $6 adm.)
On TV 11 a.m. (ESPN2) Little League Baseball World Series Mid-Atlantic Regional, First Semifinal: Teams TBA. 1 p.m. (ESPN2) ATP Tennis U.S. Open Series: Rogers Cup, First and Second Quarterfinals. 1 p.m. (TNT) Golf PGA Championship, Second Round. 5 p.m. (ESPN2) Little League Baseball World Series West Regional, First Semifinal: Teams TBA. 7 p.m. (ESPN2) WTA Tennis U.S. Open Series: Western and Southern Financial Group Masters, Fourth Quarterfinal. 7 p.m. (FSCR) MLB Baseball Florida Marlins at Cincinnati Reds. 7 p.m. (TS) WNBA Basketball New York Liberty at Atlanta Dream. 8 p.m. (ESPN) Little League Baseball World Series Southeast Regional, Final: Teams TBA. 9 p.m. (ESPN2) Boxing Friday Night Fights. Chris Arreola (28-2, 25 KOs) vs. Manuel Quezada (29-5, 18 KOs), heavyweights, 10 rounds. 11 p.m. (ESPN2) Little League Baseball World Series West Regional, Second Semifinal: Teams TBA. 11 p.m. (SHO) Strikeforce Challenger Series Joe Riggs vs. Louis Taylor.
In covering local sports, one must rely on one channel — The Weather Channel. The forecast for Edenton did not look very promising as I sat down to put together today’s column. So, it is possible that the Owls may not be at home on Friday, depending on the weather. The weather should have less of an impact on the Rutherford County Jamboree. Bad weather will usually take a bite out of the gate — admission is $6, by the way — but, the scrimmages will more than likely go on. Barring lightning. The jamboree will find three of the county’s four teams on the gridiron — Chase, East Rutherford and R-S Central, which is the host. Chase will face North Henderson. The JV team starts at 6 p.m., and the varsity squad will hit the field at 7:30 p.m. East Rutherford is matched up against Hunter Huss. The JV team will start at roughly 6:30 p.m., with the varsity getting started at 8:20 p.m. The Hilltoppers will conclude the night with a practice session against Greer. The JV will go at 7 p.m., and the varsity team will hit the field at roughly 9:10 p.m.
Associated Press
Carolina Panthers cornerback Captain Munnerlyn, right, breaks up a pass intended for Baltimore Ravens wide receiver Mark Clayton during the first half of an NFL preseason football game in Baltimore, Thursday. The Ravens led 10-0 at press time.
Awful break Chipper Jones deserved a much better fate than to be laying on the field clutching his knee Tuesday night. The 2010 season is more than likely over for Jones and that may very well mean his career is over too. The rehab on a 38-year olds’ ACL is much longer and Jones, who hasn’t had a great 2010, may very well tip his cap and call it a career. Kickoffs Next Friday, Chase will be playing at home, while East Rutherford and Central hit the road. Football is back.
Braves 3B Jones likely out for year ATLANTA (AP) — Chipper Jones may have played his last game in the major leagues after tearing up his left knee while fielding a ground ball. The Atlanta Braves said Thursday that the 38-year-old third baseman tore his anterior cruciate ligament and will need surgery. The estimated recovery time is six months — if Jones decides to return in 2011. He had already said he would consider retirement after a season that’s now ended sooner than expected. Jones was hurt in Tuesday night’s game at Houston. He fielded a routine grounder by Hunter Pence, jumped in the air while making the throw to first, then collapsed to the ground for several minutes. After an MRI exam, Jones met Thursday with the team doctor, Marvin Royster, who delivered the bad news — and a major setback for the NL East leaders. “Obviously, he’s very, very disappointed. I would almost describe it as numb,” his agent, BB Abbott, told The Associated Press Associated Press. “He knows this will Atlanta Braves third baseman Chipper Jones, right, reacts as head trainer Jeff be a big blow to the team. Obviously, he Porter, left, attends to him after being injured while making a throw to first base has been going very well recently and after fielding a ground ball against the Houston Astros during the sixth inning of a Please see Jones, Page 9A baseball game Tuesday, in Houston.
8A — The Daily Courier, Forest City, NC, Friday, August 13, 2010
sports
Scoreboard BASEBALL
Detroit Cleveland Kansas City
COASTAL PLAIN LEAGUE 2010 Petitt Cup Final
Texas Los Angeles Oakland Seattle
Forest City vs Edenton Game 1: Forest City 8, Edenton 0 Game 2: Edenton at Forest City, Friday Game 3: Edenton at Forest City, Saturday National League East Division W L Pct 66 48 .579 63 50 .558 57 57 .500 56 56 .500 49 65 .430 Central Division W L Pct St. Louis 64 49 .566 Cincinnati 64 51 .557 Milwaukee 53 62 .461 Houston 48 65 .425 Chicago 48 66 .421 Pittsburgh 39 74 .345 West Division W L Pct San Diego 66 46 .589 San Francisco 65 50 .565 Colorado 59 55 .518 Los Angeles 59 55 .518 Arizona 46 69 .400
Atlanta Philadelphia New York Florida Washington
Garrett Byers/Daily Courier
The Owls’ Tarran Senay, in this Courier file photo, is greeted after scoring in a recent game. Senay scored three times, hit two home runs and drove in four in Thursday’s 8-0 win over Edenton.
Owls smash Edenton, 8-0
EDENTON — The Forest City Owls are one win away from repeating as Coastal Plain League champs after routing Edenton, 8-0, Thursday. The Owls will return to Forest City for game two and, if needed, a possible game three. Both games will be played at McNair Field with a 7 p.m. start time. General admission is $7 and $6 for youth and seniors. Nick Lomascolo saved his best for last for Forest City, tossing a complete game four-hitter and fanning nine in his final performance on the mound for the Owls. The lefty got off to a hot start, retiring 19 of the first 20 batters he would face, with the lone imperfection a single in the third. Forest City drew first blood when Will Skinner in the third inning followed a two-out four pitch walk by right fielder Tarran Senay with a two-run home run to right center to give Forest City a 2-0 advantage. The Owls doubled their lead to 4-0 thanks to another two-run blast, this off the bat of Senay to deep center field in the fifth. The third two-run, roundtripper of the contest came in the next frame when Dusty Quattlebaum knocked a 1-0 offering into the right field scoreboard to push the cushion to six. Senay would add another long ball to center field, once again scoring two runs, to move the Owls ahead by eight.
GB — 2 1/2 9 9 17 GB — 1 12 16 16 1/2 25 GB — 2 1/2 8 8 21 1/2
Wednesday’s Games St. Louis 6, Cincinnati 1 Atlanta 8, Houston 2, 10 innings Florida 9, Washington 5 Philadelphia 2, L.A. Dodgers 0 Colorado 6, N.Y. Mets 2 Arizona 8, Milwaukee 2 San Diego 8, Pittsburgh 5 San Francisco 5, Chicago Cubs 4 Thursday’s Games N.Y. Mets 4, Colorado 0 Milwaukee 8, Arizona 4 San Francisco 8, Chicago Cubs 7 San Diego 3, Pittsburgh 0 Florida at Washington, late L.A. Dodgers at Philadelphia, late Friday’s Games Arizona (J.Saunders 1-1) at Washington (Lannan 3-5), 7:05 p.m. Florida (Jo.Johnson 10-4) at Cincinnati (Volquez 2-1), 7:10 p.m. Philadelphia (Hamels 7-8) at N.Y. Mets (Dickey 7-5), 7:10 p.m. L.A. Dodgers (Kuroda 8-10) at Atlanta (T.Hudson 13-5), 7:35 p.m. Chicago Cubs (Diamond 0-2) at St. Louis (Westbrook 0-0), 8:05 p.m. Pittsburgh (Ohlendorf 1-9) at Houston (Myers 8-7), 8:05 p.m. Milwaukee (Gallardo 11-5) at Colorado (De La Rosa 4-3), 9:10 p.m. San Diego (Richard 9-5) at San Francisco (J.Sanchez 8-7), 10:15 p.m. Saturday’s Games Chicago Cubs at St. Louis, 4:10 p.m. San Diego at San Francisco, 4:10 p.m. Arizona at Washington, 7:05 p.m. Pittsburgh at Houston, 7:05 p.m. Florida at Cincinnati, 7:10 p.m. L.A. Dodgers at Atlanta, 7:10 p.m. Philadelphia at N.Y. Mets, 7:10 p.m. Milwaukee at Colorado, 8:10 p.m. Sunday’s Games Florida at Cincinnati, 1:10 p.m. Arizona at Washington, 1:35 p.m. L.A. Dodgers at Atlanta, 1:35 p.m. Pittsburgh at Houston, 2:05 p.m. Chicago Cubs at St. Louis, 2:15 p.m. Milwaukee at Colorado, 3:10 p.m. San Diego at San Francisco, 4:05 p.m. Philadelphia at N.Y. Mets, 8:10 p.m. American League New York Tampa Bay Boston Toronto Baltimore Chicago Minnesota
East Division W L Pct 70 43 .619 69 45 .605 66 49 .574 59 54 .522 40 74 .351 Central Division W L Pct 64 50 .561 64 50 .561
GB — 1 1/2 5 11 30 1/2 GB — —
55 59 .482 47 67 .412 47 67 .412 West Division W L Pct 65 48 .575 59 57 .509 57 56 .504 44 71 .383
9 17 17 GB — 7 1/2 8 22
Wednesday’s Games Detroit 3, Tampa Bay 2 L.A. Angels 2, Kansas City 1, 10 innings Oakland 5, Seattle 1 Baltimore 3, Cleveland 1 Boston 10, Toronto 1 N.Y. Yankees 7, Texas 6 Chicago White Sox 6, Minnesota 1 Thursday’s Games Toronto 6, Boston 5 Cleveland 4, Baltimore 1 Minnesota at Chicago White Sox, late N.Y. Yankees at Kansas City, late Friday’s Games Seattle (Pauley 0-4) at Cleveland (Carmona 11-9), 7:05 p.m. Baltimore (Guthrie 6-11) at Tampa Bay (J.Shields 10-10), 7:10 p.m. Boston (Beckett 3-2) at Texas (Tom.Hunter 9-1), 8:05 p.m. Detroit (Bonderman 6-7) at Chicago White Sox (Buehrle 10-9), 8:10 p.m. N.Y. Yankees (Moseley 2-1) at Kansas City (Davies 5-7), 8:10 p.m. Oakland (G.Gonzalez 10-7) at Minnesota (Pavano 14-7), 8:10 p.m. Toronto (Rzepczynski 0-1) at L.A. Angels (Kazmir 8-9), 10:05 p.m. Saturday’s Games Baltimore at Tampa Bay, 4:10 p.m. Detroit at Chicago White Sox, 7:05 p.m. Seattle at Cleveland, 7:05 p.m. N.Y. Yankees at Kansas City, 7:10 p.m. Oakland at Minnesota, 7:10 p.m. Boston at Texas, 8:05 p.m. Toronto at L.A. Angels, 9:05 p.m. Sunday’s Games Seattle at Cleveland, 1:05 p.m. Baltimore at Tampa Bay, 1:40 p.m. Detroit at Chicago White Sox, 2:05 p.m. N.Y. Yankees at Kansas City, 2:10 p.m. Oakland at Minnesota, 2:10 p.m. Boston at Texas, 3:05 p.m. Toronto at L.A. Angels, 3:35 p.m.
TRANSACTIONS Thursday’s Sports Transactions BASEBALL MAJOR LEAGUE BASEBALL — Suspended Cincinnati RHP Johnny Cueto seven games and Cincinnati manager Dusty Baker and St. Louis manager Tony La Russa two games and fined them undisclosed amounts for their actions during Tuesday’s game. Fined Cincinnati 2B Brandon Phillips, Cincinnati RHP Russ Springer, St. Louis C Yadier Molina and St. Louis RHP Chris Carpenter undisclosed amounts for their actions during Tuesday’s game. MAJOR LEAGUE BASEBALL — Approved the sale of the Texas Rangers to a group led by Chuck Greenberg and Nolan Ryan. American League BALTIMORE ORIOLES — Extended working agreements with Norfolk (IL), Bowie (EL) and Frederick (Carolina) through 2014. MINNESOTA TWINS — Placed LHP Jose Mijares on the 15-day DL. Recalled RHP Jeff Manship from Rochester (IL). National League CHICAGO CUBS — Selected the contract of INF Darwin Barney from Iowa (PCL) MILWAUKEE BREWERS — Placed RHP LaTroy Hawkins on the 15-day DL. Selected the contract of RHP Mike McClendon from Nashville (PCL). Transferred C Gregg Zaun to the 60-day DL. NEW YORK METS — Placed RHP Francisco Rodriguez on the restricted list for two days after his arrest for an altercation with his girlfriend’s father on Wednesday night. Recalled RHP Ryota Igarashi from Buffalo (IL). Activated RHP Sean Green from the 15-day DL and optioned him to Buffalo (IL). PHILADELPHIA PHILLIES — Reinstated OF Shane Victorino from the 15-day DL. Optioned LHP Antonio Bastardo to Lehigh Valley (IL). Southern League
CAROLINA MUDCATS — Announced OF Dave Sappelt and LHP Jeremy Horst have been recalled by Louisville (IL). Recalled RHP Nick Christiani and OF Denis Phipps from Lynchburg (Carolina). American Association GRAND PRAIRIE AIRHOGS — Signed RHP Jose Obispo. WiCHITA WINGNUTS — Signed LHP Kevin Angelle. Can-Am League BROCKTON ROX — Signed RHP Francisco Ortiz. QUEBEC CAPITALES — Released RHP Sean Gregory. United League AMARILLO DILLAS — Traded INF Daryl Jones to Edinburg for a player to be named. Released RHP Frank Corolla. LAREDO BRONCOS — Signed OF Maiko Loyola. Released LHP Michael Haddad. BASKETBALL National Basketball Association LOS ANGELES LAKERS — Signed F Devin Ebanks. PHILADELPHIA 76ERS — Named Rod Thorn team president. Announced team president and general manager Ed Stefanski will remain as general manager. PORTLAND TRAIL BLAZERS — Named Bill Branch and Steve Rosenberry assistant general managers. Women’s National Basketball Association MINNESOTA LYNX — Signed G Lindsay Whalen to a multiyear contract extension. FOOTBALL National Football League CHICAGO BEARS — Placed RB Harvey Unga on injured reserve. DENVER BR0NCOS — Signed LB Johnny Williams. Waived LB Nick Greisen. MIAMI DOLPHINS — Placed CB Evan Oglesby on injured reserve. Signed CB Kevin Hobbs. Re-signed G Ray Feinga. Waived WR Taurus Johnson. PITTSBURGH STEELERS_Signed LB Brandon Renkart. Place LB Andre Frazier on injured reserve. TENNESSEE TITANS — Signed DL Raheem Brock.
HOCKEY National Hockey League BUFFALO SABRES— Re-signed Portland (AHL) coach Kevin Dineen and Portland assistant coach Eric Weinrich. ECHL CHARLOTTE CHECKERS — Agreed to terms with F Matt Beca. LAS VEGAS WRANGLERS — Agreed to terms with C Vince Bellisimo and C Ryan Huddy. Acquired the rights to D Jamie Fritsch from Gwinnett for considerations. READING ROYALS — Signed D Dave Cowan. LACROSSE National Lacrosse League BOSTON BLAZERS — Traded the rights to D Paul Dawson to Calgary for a 2011 fourth-round draft pick. COLLEGE ARMSTRONG ATLANTIC — Named Patrick Slonaker men’s assistant basketball coach. AUGUSTA STATE — Named Nesha Smith women’s assistant basketball coach. COLLEGE OF CHARLESTON — Named Marlene Navor director of athletic communications. EASTERN ILLINOIS — Dismissed RB Chevon Walker, DE Colin Luczynski and OL Eric Rettke from the football team for unspecified rules violations. JUNIATA — Named Rich Yahner running backs coach and special teams coordinator, Mike Hudy and Frank Blair assistant offensive line coaches, Mike Newton secondary coach, Nick Hager men’s assistant basketball coach, Claudia McDowell women’s assistant basketball coach and Shannon Pierce assistant sports information director. NEW YORK UNIVERSITY — Promoted Peter Krasny to assistant athletic director, Palladium operation and management. OBERLIN — Named Jody Burrows women’s assistant basketball coach. SOUTH CAROLINA AIKEN — Named Brett Longpre men’s assistant basketball coach. TEXAS WOMEN’S UNIVERSITY — Named Michael Madrid assistant basketball coach. UTEP — Dismissed senior G Myron Strong from the men’s basketball team for violating school and athletic department policies.
Reds P Cueto gets 7-game suspension Balmer misses fourth day of camp
NEW YORK (AP) — Cincinnati Reds pitcher Johnny Cueto has been suspended for seven games for his actions during a brawl with the St. Louis Cardinals, and both managers were suspended for two games. Major League Baseball said Thursday that Cueto, Cardinals manager Tony La Russa and Reds manager Dusty Baker also were fined undisclosed amounts. Four other players were fined but not suspended — Cardinals pitcher Chris Carpenter and catcher Yadier Molina, and Reds second baseman Brandon Phillips and relief pitcher Russ Springer. A fight broke out in the first inning of Tuesday’s game in Cincinnati. The Cardinals won the game and swept a three-game series to move into first place in the NL Central. A statement released by Reds’ spokesman Rob Butcher says: “We regret the incident happened. After a thorough investigation of the incident, MLB has handled the disci-
pline accordingly for both clubs.” Cardinals spokeswoman Melody Yount said General Manager John Mozeliak was traveling Thursday and unavailable for comment. She said he would be available to the media on Friday. A statement from Major League Baseball that said all three suspensions are expected to begin Friday. Cueto could appeal, and the suspension would be delayed until the appeal is resolved. Managers can’t appealing suspensions, Yount said. Both the Reds and Cardinals were off Thursday. The Reds host the Florida Marlins and the Cardinals open a three-game series at home against the Chicago Cubs on Friday. The fight happened during a critical series made even more tense by comments from Reds second baseman Brandon Phillips, who said that he hates the Cardinals. He also called them complainers, using demeaning language that riled St. Louis.
2010 Ford F150 Crew Cab 4x4
SANTA CLARA, Calif. (AP) — San Francisco 49ers defensive lineman Kentwan Balmer missed his fourth straight day of training camp Thursday and his absence is still considered unexcused. The team said Balmer met Wednesday night with coach Mike Singletary. Singletary allowed Balmer to miss Monday and Tuesday workouts as he dealt with a “personal issue.” But the 49ers had expected him back Wednesday. Balmer, San Francisco’s first-round draft pick in 2008 out of North Carolina, is entering the third year of the five-year, $8 million deal he signed as a rookie. He has yet to start a game and recorded no sacks in his first two NFL seasons. Later Thursday, the 49ers signed rookie free agent defensive tackle Will Tukuafu to a two-year contract to help fill the void left by Balmer’s absence. Tukuafu, out of Oregon, was originally signed by the Seattle Seahawks before they released him June 22. Defensive coordinator Greg Manusky acknowledged the Niners were eager to bring someone in to play defensive end and provide some help, perhaps in time for Sunday’s
exhibition opener at Indianapolis. “Kentwan is kind of a different situation. Coach Sing deals with that,” Manusky said. “I coach the players who are here on the practice field. That’s my job. You see the job analysis and that’s what I do: Coach the guys who are out here. I don’t know what’s going on with him.”
Roethlisberger changes hometown LATROBE, Pa. (AP) — For Ben Roethlisberger, there really is no place like home. In his Steelers biography, Roethlisberger now lists his birthplace as the fictitious and the incorrectly spelled Corey Rawson, Ohio. There is no such community, although he did attend Cory-Rawson School in Rawson, Ohio, before his junior high days. Roethlisberger apparently made the change because he was displeased with unflattering comments made about him by some residents of hometown Findlay, Ohio, following a March incident in which he was accused of sexual assault. He was not charged, but drew a six-game suspension for violating the NFL’s personal conduct policy. Until this season, Roethlisberger identified Findlay as his hometown.
Rodriguez released from jail
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NEW YORK (AP) — Suspended Mets closer Francisco Rodriguez has been released without bail and told to stay away from his father-inlaw while facing charges he assaulted the man. Rodriguez appeared at a Queens courthouse on Thursday afternoon. Earlier, he was suspended by the team for two days. Rodriguez was charged with thirddegree assault after a scuffle at Citi Field on Wednesday.
The Daily Courier, Forest City, NC, Friday, August 13, 2010 — 9A
sports
Hall of Fame prepares to welcome Dream Team By BRIAN MAHONEY AP Basketball Writer
NEW YORK — There had never been a basketball team like the one that climbed onto the gold medal platform in 1992. Now the members of the Dream Team are ready to stand together again — as Hall of Famers. Already inducted as individuals, Michael Jordan, Larry Bird and Magic Johnson will be enshrined as teammates Friday as the highlight of this year’s class. Behind a group of NBA superstars, the Americans rolled to gold in Barcelona, taking basketball’s popularity to unprecedented heights along the way. “It was the very first time they put Associated Press the NBA players together, so that Tiger Woods looks for a place to tee off in front of the Wanamaker Trophy on the first tee during the first round of the PGA Championship golf tournament Thursday, was very special,â€? Bird said. “The Olympics, growing up as a young at Whistling Straits in Haven, Wis. kid, always dreaming, wondering what that feels like and being able to do it, it was very special, there’s no question about it.â€? Dream Teamers Scottie Pippen and Karl Malone also will be enshrined Associated Press SHEBOYGAN, Wis. (AP) — the way I played today. And that’s a as individuals. The 1960 U.S. Michael Jordan will introduce longtime Tiger Woods broke par in the PGA good feeling.â€? Olympic gold medalists — a powerfriend and former teammate Scottie Championship, cause for celebration Since when his shooting 71 a good Pippen at the NBA’s Hall of Fame cerhouse in their own right with Jerry Thursday. feeling for a guy with 14 majors? emony. West and Oscar Robertson — also It wasn’t as good as Bubba Watson When he’s coming off the worst will be inducted during the ceremoand Francesco Molinari of Italy, tournament of his career, an 18-over ny at Symphony Hall in Springfield, to start the foreign influence of the who handled the breeze and bunkers 298 at Firestone to beat only one Mass. NBA,â€? said Charles Barkley, who led at Whistling Straits and wound up player in the field, raising ques“They’re well deserving as going in the team in scoring with 18 points atop the leaderboard at 4-under 68 tions that ranged from whether this per game. among those who finished the first would be his last PGA Tour event of as a team,â€? Hall of Fame chairman of the board Jerry Colangelo said of It was the last title for Bird and round. the year in America to whether he the 1960 squad. “The Dream Team Johnson, rivals since college who Then again, it wasn’t nearly as bad belonged in the Ryder Cup. speaks for itself. It’s a tremendous finally got to play together, and as what some were expecting. “Welcome to golf, you know?â€? class overall.â€? came as Jordan and Pippen had Even after the fog lifted along the Woods said. It also includes Lakers owner Jerry just started to collect their six. The shores of Lake Michigan, no one Phil Mickelson, closer than ever Buss; Cynthia Cooper, the WNBA’s team also included David Robinson was sure what they would see from to going to No. 1 in the world, was first superstar; and Bob Hurley, and John Stockton, inducted along Woods. The answer came early, with among those who started in the with Jordan last year; Patrick three birdies on his opening holes to afternoon and had no chance of fin- the longtime coach of St. Anthony’s High School in Jersey City, N.J. Ewing, Clyde Drexler, Chris Mullin — get this — put his name atop the ishing. In a summer of majors at Dennis Johnson, — whom Bird and Christian Laettner. Only leaderboard. But only briefly. Pebble Beach and St. Andrews, in has called his greatest teammate Mullin, who has been a finalist, and There were enough errant shots, only figures that a fog delay would — former Baltimore Bullets star Laettner, the team’s lone collegian, including one that went so far left it happen in Wisconsin. Gus Johnson; and Brazilian Maciel aren’t in as individuals. found a marsh he didn’t know was The fog delayed the start by just “Ubiratanâ€? Pereira will be enshrined there, that Woods had to make an over three hours. posthumously. The entire roster and all three 8-foot birdie putt on the final hole “I had never gotten up at 5:30 for The United States sent the Dream assistant coaches will attend; Chuck for a 1-under 71. a 12 o’clock tee time,â€? said Charles Team to Spain after failing to win Daly, the team’s head coach, died “I’ve played too good not to shoot Howell, who shot a 69. gold with collegiate players in 1988. last year. All the living members of under par,â€? Woods said. “It would’ve No one started better than Howell, A FIBA rule the following year the 1960 team, which ran through been very disappointing and fruswho ran off four straight birdies opened the door for professionals Rome under coach Pete Newell by trating to end up at even par as well on the back nine with a freshento be used in the Olympics, and the 42.4 points per game and included as I played today. To make that putt ing breeze at his back. Hanging on U.S. team was loaded with the best Hall of Famers Jerry Lucas and Walt — to shoot under par — just feels proved to be the difficult part for of them. Bellamy, also are scheduled to be in like that’s what I should have shot him and so many others. The Americans scored an Olympic- Springfield. record 117.3 points per game, win“To have the two U.S. Olympic ning by an average of 43.8. Bird said teams coming in and to have each the team prepared as if the games member of both teams arriving in after sustaining the same injury to would be close, but fans didn’t seem Springfield to celebrate the occasion the same knee. Jones returned to to care that they never were. is outstanding,â€? Naismith Memorial Continued from Page 7A become one of the greatest players “It was the first time that people Hall of Fame president and CEO in Atlanta history, a six-time Allcame to a game and said ‘I know the John Doleva said. felt like he was really contributing to Star who won the NL MVP award outcome, but I’m going to watch the Jordan, whose induction speech the team’s success. This is real disap- in 1999 and the NL batting title in artist perform,’â€? said NBA commislast year drew some criticism after pointing for him.â€? 2008. sioner David Stern, adding the team he singled out people who had motiJones feared something was seriRecovering from a major injury “without questionâ€? was a catalyst for vated him, will serve as Pippen’s preously wrong after he walked off the late in his career would be much the league’s international growth. senter. Their relationship was rocky field gingerly under his own power. tougher, perhaps the biggest factor of “In 1992 we probably were distribat first after the Bulls made the “It’s hurt,â€? he said in Houston. “I all when Jones considers whether he uted in somewhere in the neighborCentral Arkansas product their top heard a distinct pop.â€? wants to keep playing. He would also hood of 80 countries and today we’re pick in 1987, but together they led Jones had bounced back from a have to work out a settlement with in 215 countries, and the fans got Chicago to six championships and slow start and was hitting .265 with the Braves, who owe him about $28 the sense that there was more to be set the NBA record with 72 wins in 10 homers and 46 RBIs for a team million in guaranteed money for the had,â€? Stern said. “You not only could 1995-96. that had a 2½-game lead in the NL next two seasons. watch these extraordinary players “That first year, he got beat to East on two-time defending league “I’m sure as the next couple of days as members of a national team, you death (by Michael) every day in champion Philadelphia. The Braves go by, those are things we’ll discuss could watch them all season long as practice. He’d just get beaten to will have to carry on with Omar and he’ll discuss with his family,â€? members of NBA teams.â€? death,â€? former Bulls general managInfante and Brooks Conrad sharing Abbott said. “It’s not something he’ll That, as much as their dominating er Jerry Krause said. “He had to find third base, though neither has Jones’ decide immediately. He’s going to performances, is the team’s legacy. out how to compete with Michael, power. need to hear everything about the “It was an honor to be on the and Michael taught him how to comComing off a poor 2009 season, injury and rehabilitative process. Dream Team and to represent my pete. And Michael, of course, and Jones got off to a miserable start He’ll probably make his decision country, but also it was really cool him got to be very close.â€? this year and said in June that he from there. I can assure you it’s not was considering retirement. A few something that’s going to be a kneedays later, he backed off and said he jerk decision.â€? Want a car or truck? Don’t worry about credit problems! would wait until after the season to He won’t be around to help the Here at McCurry-Deck Motors, we understand that bad things happen to good make a decision. He had been playBraves try to hold off Philadelphia people, but don’t let credit problems stop you from trying to buy your next vehicle. ing much better since then, raisfor their first playoff appearance Call Julie Cloer, our credit counselor, so she can help you with your credit ing his average some 30 points and since 2005 in the final season for concerns and help put you in your next vehicle. Julie has several lenders that see showing more power in the middle longtime manager Bobby Cox, who’s you are more than just a credit score because they look at your ability and stability of the lineup. definitely retiring at the end of the to pay for your next vehicle. So do not delay, call Julie Cloer today! Now, Jones has another issue to year. think about — coming back from “There’s certainly a part of him Hwy. 74A Bypass, the second major knee injury of that feels like he’s let Bobby down, Forest City, NC his career. He missed all of 1994, and let his teammates down,â€? Abbott Julie Cloer expected to be his rookie season, said. “He’s really distraught about it.â€? 286-2381
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10A — The Daily Courier, Forest City, NC, Friday, August 13, 2010
Weather/Nation Weather The Daily Courier Weather Today
Tonight
Saturday
Sunday
Monday
Tuesday
T-storms
T-storms
T-storms
T-storms
T-storms
T-storms
Precip Chance: 40%
Precip Chance: 40%
Precip Chance: 60%
Precip Chance: 50%
Precip Chance: 40%
Precip Chance: 40%
96º
72º
91º 72º
92º 71º
88º 72º
90º 71º
Almanac
Local UV Index
Statistics provided by Broad River Water Authority through 7 a.m. yesterday.
Temperatures High . . . . . . . . . . . . . . . . . .94 Low . . . . . . . . . . . . . . . . . . .73 Normal High . . . . . . . . . . . .88 Normal Low . . . . . . . . . . . . .64
Precipitation 24 hrs through 7 a.m. yest. .0.00" Month to date . . . . . . . . .1.14" Year to date . . . . . . . . .27.69"
Barometric Pressure
Around Our State Today
City 0 - 2 3 4 5 6 7 8 9 10 11+
0-2: Low, 3-5: Moderate, 6-7: High, 8-10: Very High, 11+: Extreme Exposure
Sun and Moon Sunrise today . . . . .6:45 Sunset tonight . . . . .8:19 Moonrise today . . .10:53 Moonset today . . . .10:19
a.m. p.m. a.m. p.m.
Moon Phases
High yesterday . . . . . . .30.02"
Relative Humidity High yesterday . . . . . . . . .94%
Saturday
Hi/Lo Wx Hi/Lo Wx
First 8/16
t mc t mc mc t t t mc t mc mc mc mc
88/71 86/78 91/74 91/74 88/73 91/73 89/72 91/74 83/76 90/74 91/74 91/74 89/75 88/72
t pc t mc t mc t t pc t mc mc mc t
Associated Press
JetBlue flight attendant Steven Slater leaves a correctional facility in the Bronx after posting bail, Tuesday in New York. The 39-year-old veteran flight attendant was arrested Monday at his home in the Belle Harbor section of Queens by Port Authority of New York And New Jersey police on charges of criminal mischief, reckless endangerment and trespassing.
Weather (Wx): cl/cloudy; pc/partly cloudy; ra/rain; rs/rain & snow; s/sunny; sh/showers; sn/snow; t/thunderstorms; w/windy
New 9/8
Last 9/1
Full 8/24
Asheville . . . . . . .90/66 Cape Hatteras . . .88/77 Charlotte . . . . . . .95/74 Fayetteville . . . . .93/74 Greensboro . . . . .90/72 Greenville . . . . . .93/75 Hickory . . . . . . . . . .93/72 Jacksonville . . . .93/74 Kitty Hawk . . . . . .89/77 New Bern . . . . . .94/73 Raleigh . . . . . . . .90/73 Southern Pines . .93/74 Wilmington . . . . .91/76 Winston-Salem . .90/72
Passengers turn the tale on flight attendant
North Carolina Forecast Durham 90/73
Winston-Salem 90/72 Asheville 90/66
Greensboro 90/72
Elizabeth City 88/71 Greenville 93/75
PITTSBURGH (AP) — A flight attendant was rude to passengers and instigated the confrontation Forest City with a traveler that led to his nowKinston 96/72 Charlotte notorious slide down a plane’s emerFayetteville 94/75 95/74 gency chute at New York’s Kennedy 93/74 Shown is today’s weather. Airport and, ultimately, to his arrest, Temperatures are today’s highs a pair of Pittsburgh women aboard Wilmington and tonight’s lows. the JetBlue flight said. 91/76 Marjorie Briskin, 53, told The Wall Across Our Nation Today’s National Map Street Journal for a story Thursday that Slater blurted out an expletive Today Saturday during an otherwise normal conver70s City Hi/Lo Wx Hi/Lo Wx L sation with a passenger over luggage 70s 90s Atlanta . . . . . . . . .94/75 t 93/75 t just after the plane landed in New 80s Baltimore . . . . . . .86/75 sh 86/74 mc York from Pittsburgh. Chicago . . . . . . . .91/73 s 87/71 t 80s 80s A young woman asked Slater which Detroit . . . . . . . . .92/74 s 91/72 t L 90s overhead bin her bag was in, and the Indianapolis . . . .95/72 s 93/74 t H 70s 100s Los Angeles . . . .80/60 s 82/61 s conversation quickly and unexpect90s 90s Miami . . . . . . . . . .91/80 t 91/80 pc edly turned nasty after Slater slung 100s New York . . . . . . .83/69 mc 84/72 s the expletive, Briskin told the newsPhiladelphia . . . .85/70 sh 86/74 pc paper. Sacramento . . . . .88/57 s 89/57 s San Francisco . . .65/54 s 64/54 s “I didn’t think she was rude in the Seattle . . . . . . . . .83/61 s 90/62 s least,” Biskin, who said she was visitTampa . . . . . . . . .92/80 t 93/80 t L H ing New York for the first time, told Washington, DC .85/74 sh 87/74 mc the Journal. “It really blew my mind. It was so inappropriate.” Slater hadn’t emerged by Thursday from his home a few miles from Kennedy Airport in Rockaway Beach, Queens. His boyfriend, Kenneth Rochelle, said Slater was CHICAGO (AP) — Jurors in the The jurors did not say which two “at home, relaxing.” corruption trial of former Illinois of the 24 counts they had agreed on, Rochelle called Slater a “lovely, Gov. Rod Blagojevich said Thursday nor what their decision was. classy, beautiful person” who in the that they have reached agreement on Former state appellate Judge David past had been very patient with pasjust two of 24 counts against him, Erickson said the jury’s apparent sengers having a bad day. and haven’t even begun discussing 11 deadlock on 11 counts looks good for Slater had a “nice gash” on his of the counts. The judge quickly said the defense. He said if a panel of 12 head during the flight, and when it he would tell them to go back and jurors can’t come to an agreement, it ended began flinging open the overdeliberate more. shows some have doubts that proshead bins and slamming them shut, ecutors made their case. Briskin told the newspaper. Another The exchange once again left the “To this point, if we were keeping passenger noted that he spent much courtroom in a state of uncertainty, score, I think the defense strategy of the 90-minute flight slamming with lawyers and legal experts sayworked spectacularly,” said Erickson, overhead bins and refrigerator doors ing there is no way to know for sure now a law professor in Chicago. in the galley. how long the deliberations may go The defense did not call a single “He looked disturbed at that point,” on — but some saying the apparent witness, including the former govBriskin said. deadlocks on some counts were a ernor himself, and argued that It’s unclear exactly how Slater’s face good sign for Blagojevich and his co- Blagojevich was a big talker, but was cut, though he had it as pasdefendant brother, Robert. never committed a crime. sengers boarded in Pittsburgh and The 11 counts the jury has yet to joked that “they’re always trying to discuss involve wire fraud. Most Erickson said when judges tell kill me around here,” passenger Kati of them deal with FBI wiretap jurors to deliberate more, they often Doebler told The Associated Press recordings and the allegation that return quickly with a verdict. Others on Wednesday. Blagojevich tried to sell or trade believe the jury may need some Another woman, 25-year-old President Barack Obama’s old Senate time to work through the remaining Lauren Dominijanni, told the seat. counts. Journal that Slater was immediRaleigh 90/73
This map shows high temperatures, type of precipitation expected and location of frontal systems at noon.
Cold Front
Stationary Front
Warm Front
Low Pressure
High Pressure
Blagojevich jury still out
We wish to extend a sincere “Thank You” to all our friends and neighbors for their cards, memorials and other expressions of sympathy at the time of our recent breavement. We are truly grateful.
Enroll now and no duEs til sEp 15
The family of
at
Charles Parton
www.lifestylewellnessspa.com
ately rude to her after she boarded in Pittsburgh. She said he “rolled his eyes at me” when she asked for a wipe to clean up coffee someone spilled on her seat. Dominijanni said that she had asked Slater for napkin to clean up the coffee and that he “rolled his eyes at me and said, ’What?’ in a real rude manner.” She added that when she pointed to the spilled coffee, Slater responded, pointing to the gash on his head: “No! Maybe when we get in the air! I need to take care of myself first, honey!” Passengers and authorities say Slater unleashed a profanity-laden tirade before deploying the emergency chute, sliding down and racing to his home in Queens. He is free on bail after being arraigned on criminal mischief and reckless endangerment charges. His grand exit almost instantly turned him into an online hero, with many people saying they’ve dreamed of walking off the job in such a grand fashion. More than 100,000 people had joined a Facebook page supporting his actions. Dominijanni, though, questioned the response. “Why are they applauding what he did? I don’t understand,” she told the Journal. “There are people out there who are dying for a job. I’m glad he’s gone because someone can step in and do a much better job.” Slater’s ex-wife, Cynthia Susanne, came to his defense Thursday, calling him a consummate flight attendant who would always act in the most appropriate manner. Speaking on ABC’s “Good Morning America,” Susanne said she did not believe some passengers’ suggestions that Slater started the confrontation on Monday, when he exited the parked plane by the emergency chute at New York’s Kennedy Airport. She said Slater was extraordinarily tolerant and patient and added she had not yet spoken to him about the confrontation on the Pittsburgh-toNew York flight. They have a son together.
*Some reStriCtionS aPPly
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The Daily Courier, Forest City, NC, Friday, August 13, 2010 — 11A
Business/finance
THE MARKET IN REVIEW
STOCK EXCHANGE HIGHLIGHTS
d
NYSE
6,881.94 -20.77
GAINERS ($2 OR MORE)
Name Last MaxcomTel 4.47 ChNBorun n 7.93 Cott Cp 6.26 GlbSAllW n20.40 ChinaEd 4.52 RivLIntlRE 8.59 ProUSR3K 23.54 7DaysGp n 13.96 Primedia 3.38 ETrAlerNG 26.46
Chg +.94 +.81 +.59 +1.87 +.37 +.70 +1.90 +1.05 +.25 +1.79
%Chg +26.6 +11.4 +10.4 +10.1 +8.9 +8.9 +8.8 +8.1 +8.0 +7.3
LOSERS ($2 OR MORE)
Name Last AegeanMP 15.65 ChinaNepst 2.55 GpTMM rs 2.55 JHardie 25.34 VersoPap 2.68 VimpelC n 15.46 HarvNRes 7.32 Xerium nh 11.91 Hypercom 3.23 AH Belo 6.67
Chg -3.40 -.41 -.40 -2.51 -.25 -1.35 -.58 -.94 -.25 -.50
%Chg -17.8 -13.9 -13.6 -9.0 -8.5 -8.0 -7.3 -7.3 -7.2 -7.0
MOST ACTIVE ($1 OR MORE) Name Vol (00) Last Chg Citigrp 3139875 3.87 +.02 S&P500ETF1978875108.63 -.67 BkofAm 1403517 13.06 -.13 SPDR Fncl 674961 14.11 -.10 FordM 661677 12.27 -.14 iShR2K 574904 61.77 -.31 GenElec 568762 15.50 -.21 EMC Cp 560490 18.69 -.97 AMD 548111 6.57 +.08 Motorola 531916 8.02 +.32 Advanced Declined Unchanged Total issues New Highs New Lows Volume
DIARY
1,315 1,739 114 3,168 91 80 4,024,984,394
u
AMEX
d
1,890.95 +7.96
GAINERS ($2 OR MORE)
Name Last Vringo n 2.60 ChiMarFd 6.02 MercBcp 2.75 VirnetX 6.20 Aurizon g 5.70 PudaCoal n 9.30 Ballanty 8.29 Taseko 4.20 UnivPwr 2.92 KeeganR g 6.00
Chg %Chg +.46 +21.5 +.52 +9.5 +.23 +9.1 +.49 +8.6 +.40 +7.5 +.60 +6.9 +.52 +6.7 +.24 +6.1 +.17 +6.0 +.33 +5.8
LOSERS ($2 OR MORE)
Name Last RELM 2.07 StreamG un 4.68 NewConcEn2.50 SinoHub 2.42 OrienPap n 4.27 Emergent 5.31 HawkCorp 31.16 UQM Tech 2.64 NIVS IntT 2.27 Aerocntry 18.34
Chg -.36 -.67 -.35 -.27 -.38 -.44 -2.54 -.19 -.15 -1.16
%Chg -14.8 -12.5 -12.3 -10.0 -8.2 -7.7 -7.5 -6.7 -6.2 -5.9
MOST ACTIVE ($1 OR MORE) Name Vol (00) Last Chg KodiakO g 31897 2.88 +.13 SamsO&G 22921 1.07 -.05 GoldStr g 22836 4.39 +.18 NthgtM g 21325 2.96 +.07 AlmadnM g 20471 1.85 +.42 NovaGld g 18829 6.71 +.36 Taseko 17104 4.20 +.24 VantageDrl 14592 1.32 +.02 AmO&G 14451 7.23 -.03 GrtBasG g 11891 1.85 +.05 DIARY
Advanced Declined Unchanged Total issues New Highs New Lows Volume
241 231 49 521 10 15 69,841,493
DAILY DOW JONES SCHEDULE A FREE
NASDAQ
10,760 REVIEW. DowRETIREMENT Jones industrials
Close: 10,319.95 Change: -58.88 (-0.6%)
2,190.27 -18.36
GAINERS ($2 OR MORE)
Name Last EngyFocus 2.17 ChinAgri s 16.89 Analyst rs 2.45 ZionO&G wt 3.50 THT HeatT 4.90 GloblOptns 2.24 Manitex 2.46 Rdiff.cm 2.03 OhioLegacy 2.03 SCmntyFn 2.15
Chg +.42 +2.97 +.42 +.60 +.59 +.26 +.28 +.23 +.22 +.22
%Chg +24.0 +21.3 +20.7 +20.7 +13.7 +13.1 +12.8 +12.8 +12.2 +11.4
LOSERS ($2 OR MORE)
Name Last Vermillion 7.07 ICOPDig rs 2.37 ID Syst 2.36 HSW Int rs 5.54 DJSP un 4.40 WVS Fn 8.93 Mindspeed 6.09 Iridium un 12.70 SmartHeat 6.10 OakRidgeF 5.06
Chg -2.00 -.66 -.49 -1.06 -.84 -1.41 -.88 -1.62 -.77 -.63
%Chg -22.1 -21.8 -17.2 -16.1 -16.0 -13.6 -12.6 -11.3 -11.2 -11.1
MOST ACTIVE ($1 OR MORE)
Name Vol (00) Cisco 2106351 Intel 840662 SiriusXM 830138 Microsoft 689324 PwShs QQQ595740 MicronT 385251 Oracle 331644 Nvidia 284584 ApldMatl 275773 BrcdeCm 241057
Advanced Declined Unchanged Total issues New Highs New Lows Volume
Last Chg 21.36 -2.37 19.45 +.03 1.01 +.03 24.49 -.37 45.04 -.36 7.37 +.22 22.94 -.72 8.96 +.08 11.16 -.05 4.92 -.23
DIARY
1,052 1,574 122 2,748 14 152 2,145,903,488
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
10,500 10,240
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
10,319.95 4,236.96 386.58 6,881.94 1,890.95 2,190.27 1,083.61 738.67 11,326.06 616.98
-58.88 -25.28 -1.65 -20.77 +7.96 -18.36 -5.86 -4.34 -58.23 -3.41
YTD %Chg %Chg
-.57 -.59 -.42 -.30 +.42 -.83 -.54 -.58 -.51 -.55
-1.04 +3.35 -2.87 -4.22 +3.62 -3.48 -2.82 +1.65 -1.93 -1.34
12-mo %Chg
+9.81 +12.26 +3.82 +4.21 +11.02 +9.00 +7.00 +12.75 +8.33 +7.27
MUTUAL FUNDS
10,000 9,600
Last
Name
F
M
A
M
J
J
Name
A
PIMCO TotRetIs Vanguard TotStIdx American Funds GrthAmA m American Funds CapIncBuA m TOCKS OF OCAL NTEREST Fidelity Contra American Funds CpWldGrIA m YTD YTD American Funds IncAmerA m Name Div Yld PE Last Chg%Chg Name Div Yld PE Last Chg %Chg Vanguard 500Inv AT&T Inc 1.68 6.3 11 26.66 +.11 -4.9 LeggPlat 1.08 5.4 17 19.90 -.25 -2.5 Vanguard InstIdxI American Funds InvCoAmA m Amazon ... ... 53 126.56 +.67 -5.9 Lowes .44 2.2 16 19.74 -.07 -15.6 Dodge & Cox Stock ArvMerit ... ... ... 14.67 -.22 +31.2 Microsoft .52 2.1 7 24.49 -.37 -19.7 American Funds EurPacGrA m Dodge & Cox IntlStk BB&T Cp .60 2.5 22 23.84 -.39 -6.0 PPG 2.20 3.3 16 66.85 -.20 +14.2 American Funds WAMutInvA m BkofAm .04 .3 87 13.06 -.13 -13.3 ParkerHan 1.08 1.7 19 62.83 +.48 +16.6 PIMCO TotRetAdm b BerkHa A ... ... 14115531.00-949.00 +16.5 FrankTemp-Franklin Income A m Cisco ... ... 16 21.36 -2.37 -10.8 ProgrssEn 2.48 5.8 14 42.53 +.14 +3.7 American Funds NewPerspA m ... ... 66 30.85 -1.10 -.2 American Funds FnInvA m Delhaize 2.02 2.7 ... 74.69 +.62 -2.6 RedHat Dell Inc ... ... 15 11.99 -.11 -16.5 RoyalBk g 2.00 ... ... 49.38 -.46 -7.8 Vanguard TotStIAdm DukeEngy .98 5.7 13 17.10 -.01 -.6 SaraLee .44 3.1 33 14.37 -.10 +18.0 American Funds BalA m Vanguard Welltn ExxonMbl 1.76 2.9 12 60.23 -.16 -11.7 SonicAut ... ... 8 8.71 -.14 -16.2 Vanguard 500Adml FamilyDlr .62 1.4 17 42.93 +.30 +54.3 SonocoP 1.12 3.6 16 31.42 -.01 +7.4 PIMCO TotRetA m American Funds BondA m FifthThird .04 .3 ... 12.16 -.22 +24.7 SpectraEn 1.00 4.8 15 20.92 -.03 +2.0 Fidelity DivrIntl d FCtzBA 1.20 .7 8 183.15 -1.10 +11.7 SpeedM .40 2.9 23 13.65 +.06 -22.5 Vanguard TotIntl d GenElec .48 3.1 16 15.50 -.21 +2.4 .52 1.5 35 34.06 +.67 +43.7 Fidelity GrowCo GoldmanS 1.40 .9 8 149.42 +.17 -11.5 Timken Vanguard InstPlus 1.88 2.9 23 64.48 -.26 +12.4 T Rowe Price EqtyInc Google ... ... 21 492.01 +.27 -20.6 UPS B KrispKrm ... ... ... 3.82 +.02 +29.5 WalMart 1.21 2.4 13 50.43 -.59 -5.7 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 $1. Volume in hundreds of shares. Source: The Associated Press. Sales figures are unofficial.
Total Assets Obj ($Mlns) NAV
Total Return/Rank Pct Min Init 4-wk 12-mo 5-year Load Invt
CI 137,039 LB 63,566 LG 61,323 IH 55,373 LG 53,952 WS 51,442 MA 48,436 LB 46,968 LB 46,671 LB 45,460 LV 39,482 FB 36,776 FV 36,687 LV 36,140 CI 33,800 CA 31,232 WS 30,154 LB 29,724 LB 29,636 MA 29,359 MA 28,516 LB 28,336 CI 28,027 CI 27,718 FB 26,227 FB 26,161 LG 25,891 LB 25,529 LV 15,923 LB 8,668 LB 4,057 GS 1,455 LV 1,126 SR 486 LG 174
+2.0 +12.8/B +0.5 +10.3/A 0.0 +7.0/D +2.3 +9.0/B -0.2 +12.6/A +2.4 +7.2/C +2.3 +12.8/A +0.6 +9.8/B +0.6 +9.9/B +0.4 +7.8/C -0.3 +7.2/C +1.8 +6.7/B +2.8 +8.7/A +2.0 +11.3/A +1.9 +12.5/B +1.6 +14.8/A +0.8 +9.4/B +0.9 +9.6/B +0.5 +10.5/A +1.7 +10.7/B +1.6 +10.5/B +0.6 +9.9/B +1.9 +12.3/B +1.9 +11.8/C +1.6 +3.5/C +2.3 +6.2/B +0.4 +13.4/A +0.6 +10.0/B +0.6 +9.8/B +1.5 +7.6/D +1.2 +9.0/C +0.1 +2.9/D +0.7 +5.6/E +3.5 +34.2/C +0.8 +6.1/D
11.45 26.86 26.26 46.87 57.34 31.94 15.42 100.00 99.36 24.77 91.88 36.49 30.82 24.20 11.45 2.05 24.63 31.75 26.87 16.31 28.81 100.02 11.45 12.36 26.10 13.75 67.84 99.37 20.69 29.40 34.52 10.44 2.86 15.60 14.27
+8.0/A 0.0/B +0.5/B +3.0/C +2.7/A +3.7/A +2.6/B -0.5/C -0.4/C +0.2/B -2.6/D +4.8/A +3.2/A -0.4/B +7.7/A +3.7/B +3.9/A +1.9/A +0.1/B +1.9/B +4.2/A -0.4/C +7.5/A +3.6/E +0.7/C +2.8/B +3.4/A -0.4/C -0.1/B +1.4/A -0.2/B +4.9/B -2.8/D +1.3/C -1.2/D
NL 1,000,000 NL 3,000 5.75 250 5.75 250 NL 2,500 5.75 250 5.75 250 NL 3,000 NL 5,000,000 5.75 250 NL 2,500 5.75 250 NL 2,500 5.75 250 NL 1,000,000 4.25 1,000 5.75 250 5.75 250 NL 100,000 5.75 250 NL 10,000 NL 100,000 3.75 1,000 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.
Tech stocks lead markets lower Jobless claims
are up again
WASHINGTON (AP) — The economy is looking bleaker as new applications for jobless benefits rose last week to the highest level in almost six months. It’s a sign that hiring remains weak and employers may be going back to cutting their staffs. Analysts say the increase suggests companies won’t be adding enough workers in August to lower 9.5 percent unemployement rate. First-time claims for jobless benefits edged up by 2,000 to a seasonally adjusted 484,000, the Labor Department said Thursday. That’s the highest total since February. Analysts had expected claims to fall. Initial claims have now risen in three of the last four weeks and are close to their high point for the year of 490,000, reached in late January. The four-week average, which smooths volatility, soared by 14,250 to 473,500, also the highest since late February. The report “represents a very adverse turn in the labor market, threatening income growth and consumer spending,” Pierre Ellis, an economist at Decision Economics, wrote in a note to clients. Even the lowest mortgage rates in decades is a gloomy sign for the economy. Average rates on 30-year fixed mortgages fell to 4.44 percent, Freddie Mac said Thursday. While that’s good for people looking to refinance or buy a home, low rates haven’t been enough to energize a struggling housing market. And the drop suggests investors are losing confidence in the recovery. Mortgage rates track the yields on U.S. Treasurys. They are falling because investors are shifting more money away from stocks and into the safety of Treasurys. Those yields were pushed even lower this week after the Federal Reserve downgraded its assessment of the economy on Tuesday and announced a program to buy more Treasurys to help lift the recovery.
We wish to express heartfelt appreciation to all our friends and neighbors for their many acts of kindness, cards, memorials and expressions of sympathy at the time of our recent bereavement. We are truly grateful.
God’s Blessings, The Mitchem Family
NEW YORK (AP) — Technology companies led the stock market to its third straight loss Thursday after Cisco Systems’ earnings report raised more questions about the economy. The Dow Jones industrial average fell 58 points. The Nasdaq composite index had a steeper loss in percentage terms, a reflection of the drop in tech stocks. Analysts said many traders were on vacation, and the market’s resulting light volume helped skew price changes. Stocks also fell after the Labor Department reported that the number of people filing for unemployment benefits for the first time rose last week to 484,000. The gain was small at 2,000, but economists had expected the number to drop. The news pointed to continuing weakness in the labor market, yet another sign that the economic recovery is weakening. The latest earnings reports added to the market’s darkening view of the economy. Cisco Systems Inc.’s revenue from its latest quarter and its forecast
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According to preliminary calculations Thursday, the Dow fell 58.88, or 0.6 percent, to 10,319.95. The Dow fell almost 320 points over the course of Tuesday and Wednesday. The Standard & Poor’s 500 index fell 5.86, or 0.5 percent, to 1,083.61. The Nasdaq composite index fell 18.36, or 0.8 percent, to 2,190.27. Losing stocks were ahead of gainers by about 2 to 1 on the New York Stock Exchange, where volume came to 1 billion shares. Interest rates rose in the Treasury market after falling sharply Wednesday, when investors were seeking the safety of government securities. The yield on the 10-year Treasury note, which rises as its price falls, was 2.75 percent, up from late Wednesday’s 2.69 percent. Markets in Europe fell after the U.S. unemployment news, then regained ground. In London, the FTSE-100 index was up 0.4 percent. Germany’s DAX index was down 0.3 percent, while the CAC-40 index in Paris was down 0.2 percent.
Seams to Be
TOP SALES AGENT FOR juLy
50 th Wedding Anniversary!
for future revenue both fell short of analysts’ expectations. The company’s stock fell 10 percent and other tech stocks also fell. Investors have been focused on revenue since companies began reporting second-quarter earnings almost a month ago. They’re concerned by the connection between revenue and the economy — if revenue is down, it’s a sign that consumers’ reluctance to spend is starting to affect companies’ sales and profits. Investors see the revenue shortfalls as another sign of a weakening recovery. Sara Lee Corp.’s revenue also missed analysts’ forecasts. And retailer Kohl’s Corp. disappointed the market by lowering its earnings outlook because it expects sales to slow during the second half. Stocks extended their losses from Wednesday, when the Dow fell 265 points as investors reacted to the Federal Reserve’s lowering of its assessment of the recovery on Tuesday. Economic data from several countries including the U.S. contributed to the heavy selling.
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12A — The Daily Courier, Forest City, NC, Friday, August 13, 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 13 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
Medium Å CSI: NY Å Who Do You Dateline NBC Å Medium Å CSI: NY Å Wife Swap Primetime Wife Swap Primetime Nite Line Wis } Night at the Museum Wash. North Peo Explr Friday Night SmackDown! Wash. Need News Smallville Supernatural
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News Mil Ent Inside News Scene Inside Ent Wheel 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 } ›› Brown Sugar (‘02) Mos Def Trey Mo’Nique W. Williams Daily Col Pre Pre Pre Pre Pre Com Sim Com Burned John King Rick’s List Larry King Anderson Cooper 360 Å Larry King MythBusters MythBusters Man, Woman Dual Survival MythBusters Man, Woman Live Foot Little League Baseball Baseball Ton. SportsCenter B’ball Live WTA Tennis Boxing Friday Night Fights. Little League Baseball FOX Report O’Reilly Fac. Hannity (N) Record O’Reilly Hannity MLB Baseball: Marlins at Reds Base Final Jay Final Air Racing 6:30 } Me, Myself & Irene } › Grandma’s Boy (‘06) Rescue Me } Bedazzled Down Per. :06 } ››› Die Hard 2 Leg :36 } ››› Die Hard 2 Leg Angel Angel } Dad’s Home (‘10) Å Gold Gold Gold Gold House House Out Block Sarah Color House House Design Star Sarah Color WWII in HD Stan Lee’s Mod Mod Gangland (N) Gangland Stan Lee’s Reba Reba Reba Reba Reba Reba Reba Reba Moth Moth Fras’r Me iCarly iCarly Big Troop Chris Chris Lopez Martin Chris Chris Chris Chris CSI CSI: Crime Scene En En Entourage En MAN Trail Haven Eureka Å Eureka (N) Haven “Fur” Eureka Å Haven “Fur” Sein Sein Fam Fam } Diary of a Mad Black Woman Boys } Truman Captain Boy-Green Hr } The Set-Up (‘49) } ››› Billy Budd (‘62) Say Say Say Say Say Say Cakes Say Say Cakes Golf } ››› A Few Good Men (‘92) :43 } ››› The Fugitive (‘93) Å Total Bat Ben Gen Star Star King King Strok Amer Chil Ob WNBA Basketball College 3 Race WNBA Basketball NCIS Å Law & Order Law & Order Law & Order Pirates of the Caribbean Home Videos } ›› Blown Away (‘94) News at Nine Scru Scru S. 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 Name Fam
Football Late Jay Leno Late Letterman Golf 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
Torino } ››› Cast Away (‘00) Å } ››› Wanted (‘08) Å CoCleav Zohan } American Pie 2 :45 } ›› Sex Drive (‘08) :35 } Jackie Brown My Life in Ruins (‘09) Hard Knocks The Final Destination East Hung Hard Knocks } New York, I Love You Real L Word Teller Teller Strikeforce Challenger Planet 51 :10 } Law Abiding Citizen Pillars 10:56 } Hancock Pillars
Dog owners ignore allergy warnings Dear Abby: My 6-year-old daughter, “Meg,” has severe eczema. She’s highly allergic to a long list of things, including dogs. Recently, at a basketball court and at an outdoor restaurant, we encountered some dog owners who refused to pull their dogs back after I informed them about her allergy. Both said, “It’s a public place!” as if my daughter should not be in public. One man even argued that my child “couldn’t possibly” be allergic to his poodle. What can I do? — Mom Dear Mom: The idea that dog owners would fail to pull their animals back after being told someone was highly allergic shocks me. However, because you can’t make everyone behave responsibly, you will have to “dog proof” your daughter. At 6, she’s old enough to understand the reason she’s broken out and itching is because she came in contact with one of the things to which she is allergic. Teach her to stay out of reach and to announce loudly, “Please hold your dog back! I’m allergic!” Dear Abby: I work at the front desk of a construction company. The only thing separating me from the visitors is a 12-inch-high counter that surrounds my desk. Quite often, visitors must wait several minutes for the person they’re
Dear Abby Abigail van Buren
seeing to come to the lobby. When they do, they often plant both arms on the counter, drape themselves over the top and scan every piece of paper on the surface of my desk, including what’s showing on my computer screen. They also try to converse with me while I’m trying to work and answer the phone. I find this rude, inappropriate and an invasion of my personal work space. How can I convey this to visitors without coming across as rude and jeopardizing the company’s relationship with them? Desk modifications are not an option. — Biting My Tongue Dear Biting Your Tongue: Ask your boss how sensitive the correspondence you are handling is, and explain that it is being viewed by clients who walk in. Some offices handle the problem by keeping documents face down when they are not being worked on. Also, consider tilting your computer monitor and installing a privacy screen to block the view.
Reader offers help on neuropathy Dear Dr. Gott: Seven years ago, I was diagnosed with peripheral neuropathy due to numbness on the bottoms of both feet. My podiatrist made the diagnosis. Because I was not a diabetic or an alcoholic, he diagnosed idiopathic PN. I was 75 at the time. He wanted to do muscle tests, which I turned down in favor of a second opinion at the local Mayo Clinic. Their tests showed the neuropathy to be present, and they suggested I take 600 milligrams per day of alpha-lipoic acid from my health-food store and exercise. My neurologist prescribed 10 milligrams of baclofen for the few leg cramps I was getting at night. I declined after hearing the side effects from my pharmacist. I have always been a heavy user of Vicks VapoRub, so I began massaging it onto both feet — bottom and top, heels and toes. My neurologist agrees that the Vicks will keep the nerves alive, and the exercise by massaging keeps the muscles strong. Please tell people. Dear Reader: Let’s start with the simple case of your leg cramps. Many
Puzzle
Ask Dr. Gott Dr. Peter M. Gott people experience cramping of the feet and calves after exercising or profuse sweating because the body’s electrolyte balance is disturbed. Now, on to your peripheral neuropathy. This condition is caused by damage to the peripheral nerves in the feet, legs, hands and/or arms. Common treatment includes prescription nerve blockers such as gabapentin. Another treatment that has received a lot of positive review is Anodyne therapy. Home remedies range from topical mentholated chest rubs to dietary vitamin and mineral supplements and topical ointments containing capsaicin. Massage may also be beneficial since its aids circulation.
IN THE STARS Your Birthday, Aug. 13; If you’ve laid a few foundations and stuck with them, the year ahead will reward you. LEO (July 23-Aug. 22) - Once you establish a definite objective, you won’t have any trouble. VIRGO (Aug. 23-Sept. 22) - Do your stuff and grow as much as you can. LIBRA (Sept. 23-Oct. 23) - Don’t negate your own success. SCORPIO (Oct. 24-Nov. 22) - If your ears are tingling, it is likely because of all the nice things. SAGITTARIUS (Nov. 23-Dec. 21) - Just because certain associates feel your present desires are a bit outlandish, don’t lower your expectations. CAPRICORN (Dec. 22-Jan. 19) - Take enjoyment in all that you do. AQUARIUS (Jan. 20-Feb. 19) - You have a natural knack for understanding the complicated. PISCES (Feb. 20-March 20) - Dame Fortune is likely to put you in the right spot. ARIES (March 21-April 19) - Your cooperative spirit is the secret to your success. TAURUS (April 20-May 20) - Take some time to express your creative and artistic urges. GEMINI (May 21-June 20) - Enjoy what each of your friends has to offer. CANCER (June 21-July 22) - Once you overcome your fears and beard the lion in his den, several matters that have been difficult will work out.
The Daily Courier, Forest City, NC, Friday, August 13, 2010 — 1B
A
NNOUNCEMENTS
0107
Special Notices
Trip to Cherokee Casino Thurs., Aug 19th. Special intro 2 pay 1 rides free. Call for details Ray's Transport 286-2009 e-mail raystransport@hotmail.com
0142
Lost
REWARD! Missing/stolen Great Dane puppy from Morningstar Lake Rd. area in fenced yard 8/7/10. Brown w/black on face and feet, orange plaid collar, 4 mo old. Call 828-748-8022
0149
Found
Female black & white cat, approx. 2 yrs. old. Found about 3 wks. ago off of Hudlow in the Palms. Call 248-2974 Large Black & Brown female dog Found 8/8 in Green Hill/Sunnyview area. Call 828-748-0971
Have you lost or found a pet? Place an ad at no cost to you! Call 245-6431 or stop by the office today
G
ARAGE /ESTATE SALES
0151 Garage/Estate Sales
2 FAMILY Shiloh: 631 Baber Rd. (off Poors Ford Rd.) Sat. 7A-until Furniture, twin beds, household, big toys, toddler clothes
0151 Garage/Estate Sales
0151 Garage/Estate Sales
HENSON BUILDING MATERIALS 188 Whitesides Rd. (off Railroad Ave.) !!!!Ruth Store Moving Sale!!!! Friday, August 20th 8A-5P & Saturday, August 21st 8A-12 Noon Huge selection and discounts!
OK Ladies another Big One. This one is at 151 Arlington St., FC. Turn off Broadway, 5th house on right, big white 3 story with black shutters. Fri & Sat. 8A-1P. No early birds
3 FAMILY Shiloh 1177 Big Island Rd. Sat. 7A-12P Girls clothes size 0-3T, shoes, ladies clothes, pocketbooks, jewelry, household, etc.
4 FAMILY Rfdtn: 145 Jamesfield Dr. (1/2 mile West of Scoggin's, US 74 in Jamesfield Sub) Thurs., Fri. & Sat. 9A-5P Baby and children's clothes, furniture, pictures, etc.
8 FAMILY 240 J. Morgan Street Sat. 7A-12P 90" kitchen cabinet w/ss double sink, exercise bike, wooden bench, high chair, baby furniture, baby clothes, girls clothes 7-8, coats, pictures, books, household, electronics and much more! Bostic: 167 Bostic Sunshine Hwy., Sat. 6A-until. Junior girls clothes, college dorm attire, variety of other things. All must go
HUGE 4 FAMILY YARD SALE FC: Corner of Griffin Rd. Sat. 7A-until Children's clothes and toys, furniture, 4 wheeler, Corvette HUGE FC: 194 Sandy Oak Dr. (off of Harrill Dairy Rd.) Sat. 7A-until A little of everything! Last Chance Yard Sale Spindale: 156 Nebraska St. (off Main St.) Sat. 7A-12P Furniture, clothes, toys, household and much more! MOVING SALE Six Points area 190 Twins Creek Rd. Fri. & Sat. 7A-until Furniture, what nots, Christmas decorations and more! MULTI FAMILY 74-1/4 mile from Greenhill Store Sat. 8A Wood stove, generator, tools, furniture, toys, clothes, sliding glass door, more!
GARAGE SALE 136 Bradbury Rd., Ellenboro Sat. 6A-12P Boy and girl toddler 2T-3T clothes, household goods. Rain or shine!
Multi Family FC: 361 Holly Hills Dr. Sat. 7A-until Children, adult clothes, toys, household, furniture, lots more.
2140 10-SP-324
Multi Family Rfdtn: 167 Harris St. Sat. 9am-12 Household items, clothing, Bedding, odds and ends & more! Last one! YARD SALE FC: 352 Tanners Grove Rd. Fri. & Sat. 8A-12P Furniture, new small appliances, kids clothes, toys, household, more! YARD SALE Rfdtn: 265 Amber Oaks Dr. (off Thompson Rd.) Sat. 8A-11A Girls clothes (kids-teen sizes), exercise equipment, and miscellaneous Yard Sale/Bake Sale - FC: Mt. Pleasant Baptist Church, Wed.-Sat. 8A-until. Huge Variety. Rain or shine 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
E
MPLOYMENT
0220
Medical/Dental
NC MEDICATION AIDE for Nursing Home position available. 3-11 shift, MondayFriday. Excellent benefits. If you are interested, please stop by and complete an application at White Oak Manor - Rutherfordton, 188 Oscar Justice Road, Rutherfordton EEOC
0244
Trucking
$1,225
0256
Hotel/Motel
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
FT & PT kitchen help w/grill exp., 2nd shift. Tues-Sat Apply in person only: Scoggins Seafood in Rfdtn, between 1:30-5:30pm week of Aug 17th
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
Hotel/Motel
Bartenders, Housekeepers, Desk Clerks and part time Dishwashers wanted. Previous exp. required. Immediate openings at Resort Facility in Lake Lure. Nights & weekends required. Apply in person at 2771 Memorial Hwy
NOW HIRING Earn $65k,
$50k, $40k (GM, Co Mgr, Asst Mgr) We currently have managers making this, and need more for expansion. 1 yr. salaried restaurant management experience required. Fax resume
to 336-431-0873
0268
Part-time Employment
PT Music Director needed. Send resume by 8/31/10 to info@highshoalbaptist.org.
0272
People Seeking Employment
Will sit w/elderly Mon- Fri 4-12 Have ref. Call 657-6104 ask for Annette!
North Carolina Rutherford County
NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Ramsey Clayton Lovelace, dated June 1, 2007 and recorded on June 6, 2007, in Book No. 960, at Page 475 in the Office of the Register of Deeds of Rutherford County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Rutherford County Courthouse, Rutherfordton, North Carolina on August 24, 2010 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Forest City, County of Rutherford, State of North Carolina, and being more particularly described as follows: ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN COOL SPRINGS TOWNSHIP, RUTHERFORD COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN IN THE NORTHERN MARGIN OF AQUA DRIVE, SAID POINT BEING JOHN T WILSON, III’S SOUTHEAST CORNER AND RUNS THENCE NORTH 17-00-00 WEST WITH WILSON’S EASTERN LINE 136.16 FEET TO AN IRON PIN COMMON CORNER OF LOTS 15, 17, AND 18 OF THE PLAT HEREINAFTER REFERRED TO; THENCE NORTH 55-50-46 EAST 162.82 FEET TO AN IRON PIN, A NEW CORNER; THENCE SOUTH 64-08-23 EAST 84.02 FEET TO AN IRON PIN IN THE WESTERN MARGIN OF AQUA DRIVE; THENCE THE FOLLOWING CALLS AND DISTANCES WITH THE MARGIN OF AQUA DRIVE SOUTH 1353-41 WEST 16.64 FEET; SOUTH 11-00-55 WEST 40.47 FEET; SOUTH 13-13-59 WEST 13.88 FEET; SOUTH 21-12-13 WEST 29.90 FEET; SOUTH 35-54-36 WEST 31.60 FEET; SOUTH 5008-22 WEST 37.17 FEET; SOUTH 58-32-21 WEST 39.47 FEET; SOUTH 61-29-05 WEST 33.10 FEET; AND SOUTH 62-23-43 WEST 34.60 FEET TO THE POINT OF BEGINNING, CONTAINING 0.66 ACRES, MORE OR LESS, AND BEING THE GREATER PORTION OF LOT 15 AND A SMALLER SOUTHERN PORTION OF LOT 16 OF BLOCK “D” OF FOREST LAKE ACRES, INC. AS SURVEYED BY JACK H. DAVIS, RS, DATED December 14, 1997, TOGETHER WITH IMPROVEMENTS LOCATED THEREON; SAID PROPERTY BEING LOCATED AT 234 AQUA DRIVE, FOREST CITY, NORTH CAROLINA. Address of property: 234 Aqua Drive, Forest City, NC 28043 Present Record Owners: Ramsey Clayton Lovelace The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. 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. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. 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 sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: 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. 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. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Dated: August 3, 2010 Posted:_______________________ Witness: Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C., Substitute Trustee By:________________________________ Attorney at Law Rogers Townsend & Thomas, PC Attorneys for David A. Simpson, P.C., Substitute Trustee 2701 Coltsgate Road, Suite 300 Charlotte, NC 28211-3594 (704) 697-5809
AMENDED NOTICE OF FORECLOSURE SALE 10 SP 111 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by William R. Breen, Jr. and wife Noelia D. Breen to Robert L. Mebane, Trustee(s), which was dated April 23, 2003 and recorded on April 29, 2003 in Book 0726 at Page 0175, 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 24, 2010 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: Situate lying and being in Chimney Rock Township, Rutherford County, North Carolina and being the remaining portion of the property described in Deed Book 553, Page 650 and being described in accordance with a new plat of survey done by Professional Surveying Services dated February 26, 2001 as follows: Beginning at an existing PK nail set in the centerline of the intersection of Bills Creek Road, S.R. 1008, and Howell Road, S.R. 1372, and running thence from said beginning PK nail along the centerline of Bills Creek Road South 07 degrees 19 minutes 11 seconds West 33.65 feet to a new iron pin, said pin marking the common easternmost corner of the tract described herein and the Wilkerson property described in Deed Book 526, Page 522; thence leaving the centerline of Bills Creek Road and running along and with the Wilkerson boundary on the following calls: North 38 degrees 41 minutes 15 seconds West 24.75 feet to a point; thence North 56 degrees 34 minutes 36 seconds West 206.95 feet to a PK nail in Howell Road; thence North 64 degrees 00 minutes 21 seconds West 126.67 feet to a PK nail, said nail being the common northernmost corner of the aforesaid Wilkerson property and the Robinson property described in Deed Book 633, Page 168; thence leaving the Wilkerson boundary and running along and with Howell Road and the Robinson boundary North 67 degrees 17 minutes 39 seconds West 56.47 feet to a PK nail, said PK nail marking the common southernmost corner of the tract described herein and the Wilson property described in Deed Book 702, Page 273; thence leaving Howell Road and running along and with the Wilson boundary on the following calls: North 60 degrees 56 minutes 26 seconds East 138.54 feet , passing an existing iron pin at 22.36 feet, to an existing iron pin; thence North 27 degrees 14 minutes 33 seconds West 213.94 feet to an existing iron pin located in the Dalton property described in Deed Book 671, Page 559; thence leaving the Wilson boundary and running along and with the Dalton boundary North 56 degrees 53 minutes 15 seconds East 180.69 feet to an existing iron pin located in the Dalton boundary described in Deed Book 484, Page 63; thence running with said Dalton boundary South 43 degrees 16 minutes 27 seconds East 135.99 feet to an existing iron pin located in the western boundary of the Wilkerson property described in Deed Book 629, Page 447; thence leaving the Dalton boundary and running along and with the Wilkerson boundary on the following calls: South 03 degrees 31 minutes 49 seconds East 134.73 feet to an existing iron pin; thence South 30 degrees 00 minutes 00 seconds East 157.76 feet to an existing iron pin; thence South 06 degrees 15 minutes 42 seconds East 112.93 feet, passing a new iron pin at 66.57 feet to a PK nail set in the centerline of Bills Creek Road; thence running along and with the centerline of Bills Creek Road South 09 degrees 44 minutes 56 seconds West 51.85 feet to the point and place of beginning and containing 2.36 acres, more or less. See copy of plat in Deed of Trust Book 616, Page 518. Tax Map 535-1-20. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as: 120 Howell Road, Lake Lure, NC 28746 Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1). A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are William R. Breen, Jr. An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Substitute Trustee Brock & Scott, PLLC Jeremy B. Wilkins, NCSB No. 32346, 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No. 09-06532-FC02, 729415 8/13, 08/20/2010
2B — The Daily Courier, Forest City, NC, Friday, August 13, 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
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ERCHANDISE
0533
Furniture
0605 Real Estate for Rent
MOVING SALE 116 Elmore St. Lots of misc. furniture includes stove, refrig., washer & dryer, general appl. Starts 8/11! Call 429-1234
3BR/2BA House Stove, refrig. $450/mo. 2BR/2BA Mobile Home $350/mo. 287-7043
0536
Misc. Tickets
5 Bristol Tickets August 21st. $120 each Call 247-1407
BROOKVIEW HEALTHCARE
0554 Wanted to Rent/Buy/ Trade
R.N. Supervisor, FT 7-3
Junk Cars Wanted Paying $200 per vehicle. Call Jamie Fender (828) 286-4194
We're Growing Our Staff
Assistant Director Of Nursing Apply in person at 510 Thompson Street, Gaffney, SC 29340 Call (864) 489-3101 for Directions Brookview is a Drug Free Workplace
A TO Z, IT’S IN THE
CLASSIFIEDS!
R
Swafford Auto Sales paying $150 to $250 and up for your junk vehicles You Call- We Haul 245-1054
WILL BUY YOUR JUNK CARS & TRUCKS Pick up at your convenience! Call 223-0277
0563 Misc. Items for Sale 28'x12' building, insulated, wired, paneled. Paid $2,800, will sell for $2,400. 286-3372.
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
0610
EAL ESTATE FOR RENT
0610
Unfurnished Apartments
2BR Apartment Newly updated! $425/mo. + security deposit. Call 828-228-5873
0620
Homes for Rent
2 Bedroom/1 Bath Central h/a $400/month + deposit. Call 289-2700
Unfurnished Apartments
2BR/1BA in Spindale Appliances furnished $350/mo., first & last. Call 287-3869
2 & 3BR Close to downtown Rfdtn. D/w, stove, refrig., w/d hook up. No pets! 287-0733
2BR/1BA, newly remodeled, furn., Spindale, $400/mo, $350 deposit, application required. Call 828-442-0799 or 828-442-1099
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
2BR, 1BA Located on Ohio St. Ext., Spindale all appliances incl.$29,500 obo Call 287-7360 or 429-3323 House, office, kids play house. 12x16 finished, insulated, deck steps AIR $2750 Paul 245-6858 See www.online buygeorge.com/cabin.jpg
Lots & Acreage
0734
11.4 acres in Lake Lure Quiet, off Joy Lane. $129,000 Call 386-503-2240
Beautiful Home 2BR/2BA Bostic area $550/mo. See www.onlinebuygeorge.com/ 593.jpg 828-245-6858
or 429-0109 or 429-3976
Business Places/ Offices
Retail/commercial building for lease Rfdtn, high traffic area. Call 286-9322
0675
Mobile Homes for Rent
2BR & 3BR in Sandy Mush & Dobbinsville area. $75-$90/wk. + $100 dep. Call 429-6691 2BR/1BA, Ellenboro area, w/d, $350/mo + $350 dep. No pets. Call 828-305-4476 2BR/2BA Cent. h/a, stove, refrig. No pets. $425 + $300 dep. 245-5703 or 286-8665
1-888-684-5072
Homes for Sale
0710
Approximately 39 acres investment property
Office For Rent, 1,000 sq ft close to downdown Rfdtn, good parking. 287-0733
Very nice large remodeled 1, 2, 3 Bedroom Townhome Apts. Starting at $375/mo. Washer/dryer hookup and water included. Carriage House Apts.
EAL ESTATE FOR SALE
5BR/1.5BA, 2 story, best neighborhood in Spindale. Lg. porch, outdoor storage/ workshop, central air. $700/mo. 828-201-0851
0670
Move In Specials: 1, 2, & 3BR Townhouse Apts. Water & sewer furnished. $150 dep. $375-$500/mo. Houses and apartments $285-$1,000/mo. Rentals Unlimited 828-245-7400
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in Spindale with all utilities, an excellent natural source of water, artesian well. $195,000. Call 287-2640
0754
Commercial/Office
FREE STANDING BLDG 1800 sqft. Chimney Rock Rd. Rfdtn. $165K 828-287-0779
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RANSPORTATION
0832
Motorcycles
1997 CBR 600F3 24K miles, Yoshimura full exhaust. Garage kept, needs someone to ride! $2,800 Call 704-300-6632
0860
Vans for Sale
'94 Chev. Truck, '92 Chev. Van. For info call 245-3902, or 828-429-3267
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
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.
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.
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
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
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
The Daily Courier, Forest City, NC, Friday, August 13, 2010 — 3B NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY 10 SP 250 Under and by virtue of the power and authority contained in that certain Deed of Trust, dated June 8, 2007, and recorded in the Office of the Register of Deeds for Rutherford County, North Carolina, in Book 961 at Page 250, and because of default having been made in the payment of the indebtedness secured by said Deed of Trust and failure to do and perform the stipulations and agreements therein contained, and pursuant to demand of the Owner and Holder of the indebtedness secured by said Deed of Trust, the Substitute Trustee, Seth Mullinax, will expose for sale at public auction to the highest bidder for cash the property therein described, to wit: See attached Exhibit A incorporated herein by reference. EXHIBIT “A” 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 173 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.
North Carolina, Rutherford County NOTICE OF FORECLOSURE SALE 10 SP 335 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Bruce M Rogol and wife, Sandra Healy Rogol to PRLAP, Inc., Trustee(s), which was dated August 15, 2007 and recorded on August 15, 2007 in Book 972 at Page 16, 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 24, 2010 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit:
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.”
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 172 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 fully 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 Queens’ 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”.
Present Record Owner: Kevin Ewoldt
Save and except any releases, deeds of release or prior conveyances of record.
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.
The terms of said sale are that the real property hereinbefore described will be sold for cash to the highest bidder and that the undersigned may require the successful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable as provided in N.C.G.S. § 45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid. The real property described in the attached Exhibit “A” will be sold subject to any and all superior liens, including taxes, special assessments, right-of-ways, and restrictions of record. The property, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty. The Owner and Holder of the Note and Deed of Trust reserves the right to withdraw this Notice of Sale, without cause, until the date and time of final transfer of the property. The sale will be held open for ten (10) days for upset bids as by law required. Date and hour of sale: August 23, 2010 at 11:00 a.m. Place of sale: Rutherford County Courthouse Steps, Rutherfordton, North Carolina. This the 21st day of July, 2010. By: /s/Seth Mullinax Seth Mullinax Substitute Trustee 450 Windswept Ridge Rd. Canton, NC 28716 POSTED BY: /s/MH DATE: 7/21/10
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: 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. 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. 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. 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. The current property Owner is Timmerman Diversified, Inc. 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. 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. 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. __________________________________________ Derek J. Allen For WASLAW, LLC Substitute Trustee BB&T Building, Suite 1403 1 West Pack Square Asheville, NC 28801 Telephone: (828) 333-9470
Said property is commonly known as: 172 Queens Gap, 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 The Rogol Family Trust. An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Substitute Trustee Brock & Scott, PLLC Jeremy B. Wilkins, NCSB No. 32346, 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No. 10-08360-FC01, 732568 8/13, 08/20/2010
North Carolina, Rutherford County NOTICE OF FORECLOSURE SALE 10 SP 253 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by John M. McGrath and Kathy L. McGrath to CB Services Corp., Trustee(s), which was dated November 17, 2005 and recorded on November 23, 2005 in Book 872 at Page 502, Rutherford County Registry, North Carolina. Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Lisa S. Campbell, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on August 24, 2010 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Rutherford County, North Carolina, to wit: Lying and being in Camp Creek Township, Rutherford County, North Carolina, and being a portion of the property described in Deed to George Lindsey Cloninger recorded in Deed Book 604, Page 436, Rutherford County Registry, the portion hereby conveyed being described by metes and bounds according to survey by Professional Surveying Services, Nathan Odom, RLS, dated August 18, 1998, as follows: Lying on State Road No. 1512 (Camp Creek Road). BEGINNING at an existing PK nail in the intersection of the centerline of State Road 1512 with the centerline of State Road No. 1514 and from the beginning running with the centerline of State Road No. 1512 four calls as follows: South 89 degrees 56 minutes 09 seconds East 51.23 feet; North 71 degrees 35 minutes 16 seconds East 58.19 feet; North 57 degrees 08 minutes 16 seconds East 90.62 feet; North 52 degrees 29 minutes 19 seconds East 510.52 feet to a PK nail located in the centerline of State Road No. 1512; thence with the line of William Franklin Bowen, Jr. and wife, Deed Book 369, Page 347 North 43 degrees 55 minutes 52 seconds West, crossing an existing iron pin at 26.09 feet, a total of 880.91 feet to an existing iron pin; thence South 45 degrees 20 minutes 45 seconds West, crossing an existing iron in line at 347.74 feet and an existing PK nail located in the centerline of State Road No. 1512 at 765.37 feet, a total distane of 844.78 feet to an existing iron; thence with the line of Edgar Roberson, Deed Book 212, Page 438 South 42 degrees 01 minutes 40 seconds East 940.32 feet to an iron located in the centerline of Frog Creek Road (State Road No. 1514); thence with the centerline of Frog Creek Road North 01 degrees 00 minutes 54 seconds West 279.52 feet to the point and place of the BEGINNING, containing 16.45 acres according to survey referred to hereinabove. JMcGrath.dcw. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as: 1467 Camp Creek Road, Union Mills, NC 28167 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 John M. McGarth and wife, Kathy L. McGarth. 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. 09-25788-FC01, 732610 8/13, 08/20/2010
4B — The Daily Courier, Forest City, NC, Friday, August 13, 2010 NORTH CAROLINA COUNTY OF RUTHERFORD
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In the matter of Foreclosure of a Deed of Trust executed by Talmadge D. Morrow and wife, Barbara Morrow dated October 9, 2003 recorded in Book 0759, Page 0644 NOTICE OF FORECLOSURE SALE 10 SP 339 Pursuant to Order of the Clerk of Superior Court of Rutherford County, North Carolina, dated the 4th day of August, 2010 authorizing foreclosure, and under and by virtue of the power of sale contained in that certain Deed of Trust indicated and recorded in Book 0759, Page 0644, Rutherford County Registry; and under and by virtue of the authority vested in the undersigned by an instrument and default having been made and the said property being subject to foreclosure and the holder of the indebtedness thereby secured having demanded a foreclosure thereof, the undersigned will offer for sale at public auction to the highest bidder for cash at the usual and customary place for such sales at the Rutherford County Courthouse in Rutherfordton, North Carolina, at 11:00 a.m., on the 26th day of August, 2010 the property conveyed in said Deed of Trust, the same consisting of property lying and being in Rutherford County, and more particularly described at follows: Lying and being in Sulphur Springs Township, Rutherford County, North Carolina, being bound on the south by the remaining lands of the Grantor, on the west by the property of Steve Mode and wife as described in Deed recorded in Deed Book 670, Page 606, Rutherford County Registry on the north by the Property of Crescent Resources, Inc. as described in Deed recorded in Deed Book 546, Page 445 Rutherford County Registry and on the east by the Property of Crescent Resources, Inc. as described in Deed recorded in Deed Book 464, Page 603 Rutherford County Registry and being more particularly described as follows. BEGINNING at an existing iron pin, said iron pin being the common northeast corner of the above described tract and common southeast corner of the Property of Crescent Resources, Inc. as described in Deed recorded in Deed Book 546, Page 445, Rutherford County Registry (Big Island Drawing No. 2) and running thence from said beginning point South 1 degree 1 minute 3 seconds West 300 feet to an iron pin; thence North 87 degrees 55 minutes 15 seconds West 159.65 feet to an iron pin; thence North 0 degrees 42 minutes 57 seconds East 243.39 feet to an iron pin; thence North 72 degrees 34 minutes 37 seconds East 169.62 feet to the BEGINNING containing 1 acre, according to map and survey by Professional Surveying Services, Nathan Odom, registered land surveyor dated July 10, 1998. Tax ID#16-29726 Property Address: 373 Stacy Road, Rutherfordton, NC 28139 An order for possession of the property may be issued pursuant to NCGS 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. 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. 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 to warranty relating to the title or any physical, environment, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This property will be sold subject to outstanding ad valorem taxes and/or assessments for the current year and subsequent years, prior Deeds of Trust, if any, and prior liens, if any, and encumbrances of record. 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). Pursuant to NCGS 45-21.10, the highest bidder at sale will be required to make a cash deposit of five (5) percent of the bid up to and including SEVEN HUNDRED FIFTY DOLLARS ($750.00), or a greater amount if the instrument so provides. Following the expiration of the upset bid period, all the remaining amounts are immediately due and owing. Larry W. Pearman, Substitute Trustee P.O. Box 8178 Greensboro, NC 27419 Phone: (336) 294-9401
IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION RUTHERFORD COUNTY 10sp261 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY AARON LOGAN AND VIOLET S. LOGAN DATED JANUARY 8, 1999 AND RECORDED IN BOOK 555 AT PAGE 534 IN THE RUTHERFORD COUNTY PUBLIC REGISTRY, NORTH CAROLINA NOTICE OF SALE Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:00 AM on August 26, 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: A certain piece or parcel of land lying and being about one half mile northwest from the town of Bostic, and described by metes and bounds as follows: BEGINNING on an iron stake in the field, a common corner between Minnie Varner and Gertrude Johnson and runs thence with the line of Gertrude Johnson South 18 degrees West 150 feet to an iron stake; thence with another of Gertrude Johnson’s line North 62 degrees West 65 feet to an iron stake; thence North 18 degrees East 150 feet to an iron stake; corner of Minnie Varner old tract; thence South 62 degrees East 65 feet to the place of the beginning. And Being more commonly known as: 144 Blueberry Hill Rd, Bostic, NC 28018 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Aaron Logan. 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 27, 2010. /s/ Grady I. Ingle Or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 08-100486
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CLASSIFIED ADS GET RESULTS!!! IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION RUTHERFORD COUNTY 10 SP 315
North Carolina, Rutherford County NOTICE OF FORECLOSURE SALE 10 SP 317
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY FRANCES OHLS AKA FRANCIS OHLS DATED AUGUST 28, 2002 AND RECORDED IN BOOK 686 AT PAGE 530 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 Claire S Hakim and Michael Hakim married to PRLAP, Inc., Trustee(s), which was dated May 25, 2007 and recorded on May 29, 2007 in Book 959 at Page 47, 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 24, 2010 at 10:00AM, 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 1:30 PM on August 25, 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: Situate, lying and being in Rutherford Township, Rutherford County, North Carolina, and lying on the South side of West Sixth Street and being bounded on the West by the lands of J. Hagan as described in Deed Book 619, Page 378, and on the East by the lands of D. Myers as described in Deed Book 662, Page 505, and being described by metes and bounds as follows: Beginning at an existing iron pin on the Southern edge of West Sixth Street, said iron pin being the Northeast corner of the D. Myers property described in Deed Book 662, Page 505, and running thence with Myers line, South 13 degrees 14 minutes 50 seconds West 105.13 feet to an existing iron pin, same being Southwest corner of Myers property and in the common line of R. Trautmann (Deed Book 579, Page 77); thence running with Trautmann’s line, North 76 degrees 12 minutes 18 seconds West 73.21 feet to an existing pin common corner of Hagan; thence running with Hagan’s line, North 14 degrees 35 minutes 52 seconds East 106.68 feet to an existing iron pin on the Southern edge of West Sixth Street; thence running with the Southern edge of West, South 74 degrees 57 minutes 14 seconds East 70.72 feet to the point and place of beginning and containing 0.17 acres according to map and survey by Butler and Associates dated May 7, 1996, to which reference is hereby made for a full and complete description. And Being more commonly known as: 171 West 6th St, Rutherfordton, NC 28139 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Frances Ohls and Frank L. Schoonover. 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 August 4, 2010. /s/_____________________________ Grady I. Ingle Or Elizabeth B. Ella Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 10-003446
Being All Of Lot 30 as shown on survey by R. L. Greene, PLS entitled GreyRock Subdivision Phase 1Aas recorded in Plat Book 25 at Page 166, said plat being one of a series of plats recorded in Plat Book 25, Page 165 through Page 169 renumbered in Plat Book 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. Subject To a grading easement which runs the full length of Greyrock Parkway. 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 30 Buffalo Shoals Road, Greyrock Subdivision, Lake Lure, NC 28746 Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1). A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are 30 Grey Rock Trust. An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. 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. 10-08349-FC01, 732563 8/13, 08/20/2010
The Daily Courier, Forest City, NC, Friday, August 13, 2010 — 5B 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 292
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 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
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.
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 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.
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.
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 File No. 10-02936, 728743 7/30, 8/6, 08/13/2010
6B — The Daily Courier, Forest City, NC, Friday, August 13, 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 277
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 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 To: Fredrick H. Baker, Lorraine Baker aka Lorraine A. Baker, 266A GreyRock Trust, (through Rosemarie Romero, Trustee) Property Address: Lot 266 Catamount Ridge Trail.
NOTICE OF SERVICE OF PROCESS BY PUBLICATION To: Oliver A. Morard, The 129 Grey Rock Trust (through Ronald Berg, Trustee, William J. Gibbons, Jr., Attorney for Borrower Property Address: 129 Scenic Park Drive, Lake Lure, NC 28746
1. YOU ARE HEREBY NOTIFIED that the Clerk of Superior Court of Rutherford County shall conduct a hearing pursuant to North Carolina General Statutes §45-21.16 with respect to the foreclosure of certain real property hereinafter set forth.The above hearing shall be conducted on September 8, 2010 at 3:00PM at: Rutherford County Clerk of Court 229 North Main Street, Rutherfordton, NC 28139. 2. The name and address of the current holder of the above-described Deed of Trust and the indebtedness secured thereby is: Bank of America, N.A., 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.
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 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 728710 7/30, 8/6, 08/13/2010
The Daily Courier, Forest City, NC, Friday, August 13, 2010 — 7B 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. 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. 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 988, at Page 260 in the office of the Register of Deeds of Rutherford County. 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 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. 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. 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
STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 10 SP 299 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: 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. 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
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