18 E 65


All persons, firms and corporations, having claims against Gary Gene Duven, deceased, are notified to exhibit them to Esther L. Godfrey, Executrix, Executrix of the decedent's estate on or before the 8th day of October 2018, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Executrix.

This the 5 day of July, 2018.

Esther L. Godfrey, Executrix

Elizabeth Brigham
P.O. Box 1038
Bryson City NC 28713
(828) 535-9977
07/05/18-07/26/18 438650


NOTICE OF SUBSTITUTE TRUSTEES 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 Ken Phuong and Jovy Phuong dated February 27, 2004 and recorded on March 4, 2004, in Book 287 at Page 693 and modification recorded on August 5, 2014 in Book 423 at Page 501, in the Office of the Register of Deeds of Swain County, North Carolina; and because of default in the payment of the indebtedness secured thereby and, pursuant to demand of the holder of the Note secured by said Deed of Trust, the undersigned Courtney Finch (Substitute Trustee) will offer for sale at the courthouse door in the City of Bryson City, Swain County, North Carolina, or the customary location designated for foreclosure sales, on Tuesday, July 31, 2018 at 10:00 AM and will sell to the highest bidder for cash the following real estate situated in the County of Swain, North Carolina and being more particularly described in the above referenced Deed of Trust, together with all improvements located thereon: Address of Property: 39 Rector Street, Bryson City, NC 28713 Tax Parcel ID: 667307694925 Present Record Owner: Ken Phuong and Jovi C. Phuong a/k/a Jovy Phuong Trustee may, in the Trustees sole discretion, delay the sale for up to one hour as provided in N.C.G.S. 45-21.23. Said property is sold subject to applicable Federal and State laws. 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. Should the property be purchased by a third party, that party must pay the excise tax, any Land Transfer Tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. 7A-308(a)(1). The real property described above is being offered for sale AS IS, WHERE IS and will be sold subject to all superior liens, unpaid taxes, and special assessments. Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust 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 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. The sale will be held open for ten (10) days for upset bids as required by law. If the Trustee or Substitute 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 title include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without knowledge of the Substitute Trustee(s). If the validity of the sale is challenged by any party, the Substitute Trustee(s), in its/their sole discretion, if it/they believe(s) 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 N.C.G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the County in which the property is sold. 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 by providing written notice of termination to the landlord, to be effective on a date stated in the Notice that is at least ten (10) days, but no more than ninety (90) days, after the sale date contained in the Notice of Sale, provided that the mortgagor has not cured the default at the time the tenant provides the Notice of Termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of such termination. This is a communication from a debt collector. The purpose of this Communication is to collect a debt and any information obtained will be used for that purpose, except as stated below in the instance of bankruptcy protection. If you are under the protection of the bankruptcy court or have been discharged as a result of a bankruptcy proceeding, this notice is given to you pursuant to statutory requirement and for informational purposes and is not intended as an attempt to collect a debt or as an act to collect, assess, or recover all or any portion of the debt from you personally.

STOX Posting & Publishing, LLC
2701 Transit Road, Ste. 139
Elma, NY 14059
07/19/18-07/26/18 441972


Resolution of Intent
A Resolution declaring the intention of the Board of Aldermen of the Town of Bryson City to consider the closing of Fry Street between Everett Street and Collins Street and the closing of Greenlee Street between Bryson Street and Fry Street in the Town of Bryson City, North Carolina.
WHEREAS, N.C.G.S 160A-299 authorizes the Board of Aldermen to close public streets and alleys; and,
WHEREAS, the Board of Aldermen considers it advisable to conduct a public hearing for the purpose of giving consideration to the closing of Fry Street between Everett Street and Collins Street and the closing of Greenlee Street between Bryson Street and Fry Street in the Town of Bryson City, North Carolina.
NOW, THEREFORE, be it RESOLVED by the Board of Aldermen of the Town of Bryson City as follows:
1. A public hearing will be held at 5:30 o'clock P.M. On the 9th day of August, 2018, at the Superior Court Courtroom at the Swain County Administration Building, located at 101 Mitchell Street, Bryson City, North Carolina, to consider an Order closing that portion of Fry Streen Between Everett Street and Collins Street and closing that portion of Greenlee Street between Bryson Street and Fry Street in the Town of Bryson City, North Carolina. At the meeting, any person may be heard on the question of whether or not the closing would be detrimental to the public interest or the property rights of any individual.
2. The Town Clerk is hereby directed to publish this Resolution of Intent once a week for four (4) successive weeks in the Smoky Mountain Times.
3. The Town Clerk is further directed to transmit by registered or certified mail to each owner of property abutting upon that portion of Fry Street and that portion of Greenlee Street as set forth herein a copy of this Resolution of Intent.
4. The Town Clerk is further directed to cause adequate notices of this Resolution of Intent and the scheduled public hearing to be posted as required by N.C.G.S. 160A-299.
Upon motion duly made by Alderman King, and seconded by Alderman Ramsey, the Resolution was duly adoped at a meeting of the Board of Aldermen of the Town of Bryson City held on the 9th day of July, 2018 at the Town Offices.
Upon a call for a vote, the following Aldermen voted in the affirmative:
King, Ramsey and Crisp
and the following Aldermen voted in the negative:
This the 9th day of July, 2018.
Tom Sutton
Valerie Lynn Thomas
Town Clerk

Town of Bryson City
PO Box 726
Bryson City, NC 2871307/12/18-08/02/18 443197

Smoky Mountain Times

Mailing Address:
PO Box 730
1 River Street
Bryson City, NC 28713 
Phone: 828-488-2189
Fax: 828-488-0315