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ee ——— Es } 4 September 4, 2003 The Kings Mountain Herald Page 9B with the center of said drive, North 60-57 East 236.40 feei to a stake, another new corner; thence another new line South 37-59 East 358.46 feet to a stake, another new corner; thence another new line through Loretta 1zzi property, South 60 West 255.40 feet to the place of BEGINNING, containing 2.01 acres, computed by D.M.D. and a plat by D.P. Wilson on August 3, 1979. Being a part of the 37.5 acres of land described in a deed to Plastic Oddities, Inc. as appears of record in Book 17-R at Page 214 of the Cleveland County Registry. Title Reference: See deed recorded in Book 18-A Page 243 of the Cleveland County, North Carolina, Public Registry. The above-described real property will be sold “AS-IS, WHERE 1S”, Neither the Substitute Trustee nor the holder of the note secured by the deed of trust being foreclosed nor the officers, direc- tors, attorneys, employees, agents or authorized representa- tives of either the Substitute Trustee or the holder of the note make any representa- tion or warranty relat- ing to the title or any physical, environmen- tal, health or safety conditions existing in, on, at or relating to the real property being sold, and any and all responsibilities or lia- bilities arising out of or in any way relating to any such conditions expressly are dis- claimed. The record owner of the above-described real property as reflect- ed on the records of the Cleveland County Register of Deeds not more than ten (10) days prior to the posting of this notice is;Loretta B.| 1zzi. Pursuant to North Carolina General Statute Section 45- 21.10(b), any success- ful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per- cent (5%) of the last * bid or $750.00. Any successful bidder shall be required to tender the full balance pur- chase price so bid in cash or certified check at the time the Substitute Trustee ten- ders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in the North Carolina General Statutes §45-21.30(d) and (e). The owner and holder of the indebted- ness secured by the Deed of Trust may make a credit bid. This sale will be held open ten (10) days for upset bids as required by law. This the 13th day of August, 2003. James Christian Stevenson, Substitute Trustee : Helms Mulliss & Wicker, PLLC 201 North Tryon Street Charlotte, North Carolina 28202 Telephone: (704) 343-2000 Facsimile: (704) 343-2300 KMH 2706 (8:28; 9:4) STATE OF NORTH CAROLINA COUNTY OF CLEVELAND IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 03-SP-347 NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY In the matter of the foreclosure of a Deed of Trust executed by Plastic Oddities, Inc. dated November 7, 2001 and recorded on November 8, 2001 in Book 1312 at Page 2103 of the Cleveland County Public Registry by James, Christian Stevenson (Substitute Trustee). Under and by virtue of the power and authori- ty contained in a cer- tain Deed of Trust exe- cuted and delivered by Plastic Oddities, Inc. dated November 7, 2001 and recorded on November 8, 2001 in Book 1312 at Page 2103 of the Cleveland County Public Registry (the “Deed of Trust”) and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and‘ pursuant to the Order of the Clerk of Superior Court for Cleveland County, North Carolina, entered in this foreclosure pro- ceeding, the under- signed, James Christian Stevenson, Substitute Trustee, will expose for sale at pub- lic auction on the 5th day of September, 2003, at 12:00 o’clock p.m., at the appropriate place for foreclosure sales at the Cleveland County Courthouse, 100 Justice Place, Shelby, North Carolina, the real prop- erty (including any improvements thereon) which is more particu- larly described on Exhibit A attached hereto and incorporat- ed herein. this sale shall not include any portion of the real property that has been released by recorded releases. The sale will be sub- ject to any and all supe- rior mortgages, deeds of trust and liens, including without limi- tation, the lien of unpaid taxes and assessments, ease- ments, conditions, restrictions and matters of record. Exhibit A PARCEL 1: Lying and being in Number Two 2) Township, Cleveland County, NC, being located East of SR 1142 (Red Road), but not touching the same, being bounded on the East by Broad River, on the South by a branch and the McEntyre property, on the North and West by remaining property ‘of Plastic Oddities, Inc., and being described by metes and bounds as follows: BEGINNING at an unmarked point in the centerline of Broad River, being the Northeast corner of the Jimmy McEntyre prop- erty; thence leaving the river and running with the centerline of a branch and with the North line of McEntyre as follows: South 67- 55-56 West 66.27 feet; South 15-01-18 West 39.51 feet; South 69- 51-27 West 56.30 feet; South 77-53-52 West 57.29 feet; South 48- 48-03 West 62.67 feet; North 74-34-15 West 22.27 feet; South 44- 52-39 West 55.96 feet; South 14-10-07 West 28.96 feet; and North 77-29-22 West 7.87 feet; thence leaving the creek and continuing with the North line of McEntyre South 51- 34-43 West 18.64 feet to an existing pipe; thence North 28-41-37 West 545.95 feet to an unmarked point; thence North 60-09-06 East 600. feet i to san unmarked point in a creek, and being also in the South line of Hoyle as shown in Book 11- D, Page 273; thence with the centerline of said creek South 83- 20-43 East 61.47 feet to an unmarked point in the centerline of Broad River; thence along and with the cen- terline of said river as follows: South 40-05- 27 West 216.03 feet; South 08-43-06 East 138.16 feet; and South 24-06-47 East 286.09 feet to the point of beginning, containing 5.29 acres, more or less, according to a sur- vey by 'T. Scott Bankhead, RLS, dated October 10, 1995. Title Reference: Book 1027, Page 527, Cleveland County Registry. Grantor . also conveys herewith all .of its right title and interest in that certain easement recorded in Book 1027, Page 527, Cleveland County Registry. PARCEL 2: BEGINNING at an existing iron, said iron being the northeastern most point of Tract Number One immedi- ately above described and running thence N74-37-02 E. 175.04 feet, to an iron set; thence running S 24- 15-28 W 365.21 feet to an iron set in the north- ern right of way of Thore Road; thence running N65-46-58 W 125.78 feet to an iron set, said point being the southeastern most point of Tract Number One immediately above described; and running thence with the eastern line of said Tract Number One N 22-13-04 E 253.79 feet to the place of BEGIN- NING, containing 0.93 acres more Or according to that sur- | vey prepared by T. | Scott Bankhead, | RLS, dated | September 10, 1988. | Title Reference: Book | 1038, Page 228 (Tract | Two), Cleveland | | County Registry. | The above-described | real property will be | sold “AS-IS, WHERE | IS. Neither the | Substitute Trustee nor | the holder of the note | secured by the deed of | trust being forselosed | nor the officers, direc- | tors, attorneys, | employees, agents or | authorized representa- | tives of either the | Substitute Trustee or | the holder of the note | make any representa- | tion or warranty relat- | ing to the title or any | physical, environmen- tal, health or safety conditions existing in, on, at or relating to the real property being sold, and any and all responsibilities or lia- bilities arising out of or | in any way relating to any such conditions expressly are dis- claimed. The record owner of the above-described real property as reflect- ed on the records of the Cleveland County Register of Deeds not | more than ten (10) days prior to the posting of this notice is Plastic | Oddities, Inc. Pursuant to North Carolina General Statute Section 45- 21.10(b), any success- ful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per- | cent (5%) of the last | bid or $750.00. Any successful bidder shall be required to tender the full balance pur- chase price so bid in cash or certified check at: ‘~the' time"! ithe Substitute Trustee ten- ders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in the North Carolina General Statutes §45-21.30(d) and (e). The owner and holder of the indebted- ness secured by the Deed of Trust may less i- Co-Executors of the Estate of Maude D. make a credit bid. | NORTH This sale will be held | CAROLINA open ten (10) days for - JOHNSTON upset bids as required COUNTY by law. IN THE GENERAL This the 13th day of COURT OF August, 2003. | JUSTICE James Christian | DISTRICT COURT Stevenson, Substitute | DIVISION Trustee FILE NO: Helms Mulliss & 03 CVD 02304 Wicker, PLLC NOTICE OF 201 North Tryon Street SERVICE OF Charlotte, North PROCESS BY Carolina 28202 PUBLICATION Telephone: TWYLA (704) 343-2000 CASEY-WELLS, Facsimile: Plaintiff, (704) 343-2300 VS KMH 2707 (8:28; 9:4) | THOMAS EDWARD WELLS, ADMINISTRATOR~ | Defendant EXECUTOR’S TO: NOTICE Thomas Edward Wells, Having qualified on | Defendant | the 2nd day of | TAKE NOTICE that a September, 2003, as | pleading seeking relief against you has been filed in the above-enti- McSwain, deceased, | tled action. The nature late of Cleveland | of the relief being County, North | sought is as follows: Carolina, this is to noti- fy all persons, firms and corporations hav- ing claims against the CHILD CUSTODY, ALIMONY, POST- SEPARATION SUP- PORT, ABSOLUTE decedent to exhibit the | DIVORCE, EQUI- same to the under- | TABLE DISTRIBU- signed William = C. | TION AND ATTOR- Heffner & David | NEY FEES. Kenneth Davis, Co- Executors on or before the 4th day of December, 2003, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the estate should make immedi- ate payment. This the 4th day of September, 2003. William C. Heffner, Co-Executor YOU ARE REQUIRED to make defense to such plead- ing not later than October 15, 2003, said date being 40 days from the first publica- tion of this Notice, and upon your failure to do so the party seeking service against you will apply to the court for the relief sought. This the 2nd day of September, 2003. 125 Windbluff Court LUCAS, BRYANT, Clover, SC 29710 DENNING & David Kenneth Davis, ELLERBE, P.A. Co-Executor By: 803 Woodside Drive Kings Mtn., N.C 28086 KMH 2711 (9:4, 11, 18, 25) Robert W. Bryant, Jr. Attorney for Plaintiff P.O. Box 309 - Selma, NC 27576 919/965/8184 er cree Make Someone’s Week NC State Bar #10261 KMH 2712 (9:4, 11, 18) CITY OF KINGS MOUNTAIN NOTICE OF PUBLIC HEARING TUESDAY, SEPTEMBER 30, 2003 7:00 P.M. CITY COUNCIL CHAMBERS CITY HALL REZONING OF PROPERTY CASE NO. CUR-4-7-03 ‘Claudia Dabbieri is requesting the rezoning of property located 1200 ft northwest of Scism Road and Highway 216 from Residential R-10 (R- 10) to Conditional Use Light Industrial (CU- LI). The property may also be identified as Cleveland County Tax Map 4-64, Block 1, Lot 12. The applicant pro- posed to use the subject property area for office, manufacturing, warehousing and distri- bution in the apparel/fashion acces- sories business. A copy of the proposed Conditional Use permit for this Conditional Use Light Industrial district request may be obtained at the Planning Department. The date for the City Council Public Hearing is Tuesday, September 30, 2003 at 7:00 PM. in the City Council Chamber of City Hall. The date for the Planning and Zoning Board meeting is Tuesday, September 9, 2003 at 5:30 PM. in the City Council Chamber of City Hall. The public is invited to make comments at both meetings. KMH 2710 (9:4, 11) i Bring a little sunshine into someone's life. Put their name in the paper. It’s simple inexpensive - and memorable. For more ALJ information on classified “happy” ads, give a us a call at 704-739-7496. ect OTY Complete Car Was & Detail Service Pick Up & Delivery Marik Lipscomb, Owner Totally Insured/Bonded 100 E. Church St., Cherryville, NC 704-435-6866 v Woodlawn Funeral Home 375 Woodlawn Avenue, Mount Holly 704-820-0608 [@&) i HONE PROVEMENTS Building-Remodeling Siding-Decks All Type Home Repairs Also Painting Free Estimates 704-735-8998 Gary Richardson 437 Lincoln View Road Lincolnton, NC 28092 HOME IMPROVEMENT HOME IMPROVEMENT BLACK'S LAWN CARE « Complete Laws Maintenance Aerate - Seeding Cutting - Leaf Blowing Shrubs Work Danny Black (704) 736-0225 (704) 477-2725 1-6 email: dlarblack@yahoo.com JEWELRY AUTO DETAILING § FUN So SERV. @HOME IMPROVEMENT LAWN CARE PEST CONTROL RECREATION RICE PEST CONTROL Residential * Commercial * Industrial PERSONAL PROFESSIONAL * Rodents ¢ Fleas © Other OO) 4 Licensed and Insured TOLL FREE 1-866-787-6886 SERVICE Crawling Insects F) Fast, Efficient Service + 20 Years 704-922-8822 Reaches ¢ Ants © Fire Ants * Bees ServingNC&SC A) Experience PET GROOMING oS wun mmm mms sm | Exhilaration™ | Cherryville, NC 28021 Nod ENON Station 199 South Cherry St. 704-435-0670 SPECIAL BUY 1, GET 1 FREE ! 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The Kings Mountain Herald (Kings Mountain, N.C.)
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Sept. 4, 2003, edition 1
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