Legals

Legals
NICHOLAS ORR ...

NORTH CAROLINA
CHEROKEE COUNTY
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION JUVENILE SECTION FILE NO. 16-JA-35
NOTICE OF SERVICE
OF PROCESS BY
PUBLICATION
In the Matter of:
NICHOLAS ORR
(DOB: 06-30-2004).
TO: Alicia Faye Lane,
the juvenile's mother,
Murphy, NC 28906
Barbara Lane, the juvenile's custodian, 227 Cabin Run Lane, Murphy, NC 28906 The Biological Father of Nicholas Orr
PLEASE TAKE NOTICE that the Cherokee County Department of Social Services filed a Juvenile Petition on December 1, 2016 in the above-entitled juvenile proceeding. The Juvenile Petition was filed pursuant to Article 4 of the North Carolina Juvenile Code and N.C.G.S. 7B-101(15).
PLEASE TAKE NOTICE that a hearing in the above captioned juvenile proceeding is scheduled for the adjudication hearing on Tuesday, June 13, 2016 at 9:30 o'clock a.m. or as soon thereafter as the Court may reach this case. The hearing will be held in the Courtroom of the Cherokee County Courthouse, 75 Peachtree Street, Murphy, North Carolina 28906. If you fail to appear at on the date and at the time and at the place set for the adjudication hearing, the Cherokee County Department of Social Services will, nevertheless, request the Court to conduct the adjudication hearing and enter an appropriate order based on the hearing.
You have the right to be represented by a lawyer in this case. If you want a lawyer and cannot afford one, the Court will appoint a lawyer for you. An attorney has already been provisionally appointed to represent you in this juvenile proceeding. You should contact the Clerk of Superior Court immediately to get information regarding your Court-appointed lawyer. This is a new case, and any lawyer appointed to represent you in another case will not represent you in this case unless the Court appoints that same person again. You may contact the Clerk of Superior Court in writing at the following address: Clerk of Superior Court; Cherokee County Courthouse; 75 Peachtree Street; Murphy, North Carolina 28906. You may contact the Clerk of Superior Court by telephone by calling the following number: 1-828-835-7766.
You are entitled to attend any hearing affecting your parental rights. If you provide your address and contact to the Clerk of Superior Court, the Clerk will mail you notice of date, time and location of any hearing conducted in the above-captioned matter.
This the 28th day of April, 2017.
By: R. Scott Lindsay
Attorney for the
Cherokee County Department of
Social Services
4800 US Hwy 64 West
Murphy, North Carolina 28906
Telephone:
(828) 837-7455 ext. 255
Fax: (828) 837-4152
(338656)

Legals
ARTHUR & MARSHA STIFFLER ...

NOTICE OF FORECLOSURE SALE
17 SP 34
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Arthur Stiffler and Marsha L. Stiffler, (Arthur Stiffler, deceased) (PRESENT RECORD OWNER(S): M. G. Curtis, as to Water Rights Easement Deed, Kevin L. Curtis, as to Water Rights Easement Deed, Nicole H. Curtis, as to Water Rights Easement Deed, Arthur Stiffler and Marsha L. Stiffler) to William R. Echols, Trustee(s), dated the 8th day of July, 2005, and recorded in Book 1167, Page 841, in Cherokee 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, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Cherokee County, North Carolina 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 Murphy, Cherokee County, North Carolina, or the customary location designated for foreclosure sales, at 11:45 AM on May 25, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Cherokee, North Carolina, and being more particularly described as follows:
TRACT 1
Being Lot No. 14 in Long Branch Estates, in Valleytown Township, District No. 1, on the waters of Long Branch, as shown on plat by L.B. Adams, R.L.S., dated April 21, 1992, and being more particularly described as follows:
BEGINNING on a nail set in the centerline of White Oak Drive, a corner common with Lots 4, 5 and 14, and runs thence South 19 deg 48' East passing an iron rod set at 18.43 feet, total distance 417.22 feet to an iron rod set in northwest line of Lot 15; thence a line common with Lot 15 South 52 deg 36' West a distance of 114.52 feet to an iron rod set, southeast corner of Lot 13; thence a line common with Lot 13 North 18 deg 38' West, passing an iron rod at 380.75 feet, total distance 416.07 feet to a point in centerline of White Oak Drive; thence with the centerline of said drive North 50 deg 40' East a distance of 107.08 feet to the BEGINNING, containing 1.00 acre as aforesaid.
THE GRANTORS except and reserve a non-exclusive road and utilities easement out over White Oak Drive and other subdivision access roads to the public highway as a permanent means of ingress, egress, and regress to the lot conveyed and for utilities.
THIS CONVEYANCE SUBJECT TO a non-exclusive road and utilities easement sixty (60) feet in width, thirty (30) feet each side of the centerline of the road along the northwest side of the lot conveyed.
THIS CONVEYANCE ALSO SUBJECT TO Covenants and Restrictions pertaining to Long Branch Estates recorded in Book 579, Page 111 and to an amendment to said Covenants and Restrictions recorded in Book 636, page 102, Cherokee County Registry.
THIS CONVEYANCE TOGETHER WITH AND SUBJECT TO an electric line easement given to Nantahala Power and Light Company to provide electric service to the subdivision recorded in Book 584, page 141, Cherokee County Registry.
THIS BEING THAT SAME PROPERTY CONVEYED UNTO Jeff Cagle and wife Melissa Cagle by Warranty Deed from Frank Cook and wife Lorene Cook dated May 11, 1995, recorded May 19, 1995 in Deed Book 734, Page 8 in the office of the Register of Deeds, Cherokee County, North Carolina.
TRACT 2
Being Lot 20 in Long Branch Estates, Valleytown Township, and being more particularly described according to a plat by L.B. Adams, R.L.S., dated June 1992, ad follows:
BEGINNING at a point in the centerline of White Oak Drive, common to corner Lots 4, 5 and 14 and runs thence with said road centerline North 50 deg 40' East a distance of 100.00 feet to a point in said centerline and the Southeast line of Lot 5; thence leaving road centerline and running South 24 deg 57' East, passing an iron rod set at 28.72 feet, total distance 344.49 feet to an iron rod found in Northwest line of Lot 15B; thence with two line common with Lot 15B, South 21 deg 09' West a distance of 62.93 feet to an iron rod found and South 34 deg. 38' West a distance of 103.21 feet to an iron rod found, Southeast corner of Lot 14; thence with a line common with Lot 14 North 19 deg 48' West, passing an iron rod found at 398.79 feet, total distance 417.22 feet to the BEGINNING, containing 1.00 acres.
TOGETHER WITH a non-exclusive road and utilities easement out over White Oak Drive and other subdivision access roads to the public highway as a permanent means of ingress, egress, and regress of said lot and for utilities.
SUBJECT TO a non-exclusive road and utilities easement 60 feet in width, 30 feet on each side of the centerline of White Oak Drive along the North side of the lot conveyed.
SUBJECT TO Covenants and Restrictions pertaining to Long Branch Estates, dated November 14, 1988 and recorded in Book 579, Page 111, Cherokee County Registry, as amended by instrument recorded in Book 636, Page 102, Cherokee County Registry.
SUBJECT TO an electric line easement given to Nantahala Power and Light Company, dated February 20, 1989 and recorded in Book 584, Page 141, Cherokee County Registry.
EXCEPTING AND RESERVING from this conveyance is that certain 0.42 acres, more or less as Deeded to Johnny S. Henson in Deed Book 1097, Page 363, Cherokee County Registry.
THIS BEING THAT SAME PROPERTY CONVEYED UNTO Jeffrey D. Cagle and wife Melissa Adams Cagle by Warranty Deed from Otis E. Taylor, single and Gloria D. Mosley, single dated December 18, 2001, recorded April 4, 2003 in Deed Book 1032, Page 344 in the office of the Register of Deeds, Cherokee County, North Carolina.
Together with improvements located thereon; said property being located at 228 Blue Jay Lane, Marble, North Carolina.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS 45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS 7A-308(a)(1).
The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS." Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, 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.
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.
Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property
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 foreclosure 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 10 days but not more than 90 days, after the sale date contained in this 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 the termination.
SUBSTITUTE TRUSTEE
SERVICES, INC.
SUBSTITUTE TRUSTEE
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslaw
firm.com
Case No: 1208446 (FC.FAY)
(340625)

Legals
RON/PENNY PINNOW ...

STATE OF NORTH
CAROLINA
COUNTY OF CHEROKEE
NOTICE
CHEROKEE COUNTY
A BODY POLITIC
Plaintiff vs.
RON PINNOW (D) PENNY PINNOW (D)ALL HEIRS KNOWN AND UNKNOWN Defendant(s)
Pursuant to the requirements of G.S. 105-375(c), notice is hereby given to:
RON PINNOW (D)
PENNY PINNOW (D)
(Current Owners)
that a judgment of foreclosure will be docketed against the property described below on MAY 23, 2017.
That a certain parcel of property (558500234045000) designated as Real Property, located at 4655 Junaluska Road, consisting of 1.61AC in Valleytown Township, Cherokee County, North Carolina.
Execution will be issued on the judgment, and the property will be sold as provided by law. The tax lien, including interests and costs, may be paid before the judgment is docketed and at any time thereafter as allowed by law.
Joy Kephart
Cherokee County Tax Office Delinquent/
Foreclosure Officer
(340712)

Legals
STOKES/AUSTIN ...

STATE OF NORTH
CAROLINA
COUNTY OF CHEROKEE
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION
BEFORE THE CLERK
17 SP 31
NOTICE OF FORECLOSURE SALE UNDER DEED OF TRUST
In the Matter of the Foreclosure of a Deed of Trust executed by SHAWNA L. STOKES, Grantor, to THOMASA E. AUSTIN, JR., Substitute Trustee for PEOPLES BANK OF EAST TENNESSEE, Lender, dated 05-06-2011 and recorded in Book 1413, page 504, Cherokee County Public Registry. See Substitution of Trustee dated the 7th day of June, 2016, recorded in Book 1538, page 641, Jackson County Public Registry.
Under and by virtue of the power and authority contained in that certain Deed of Trust, (hereinafter "Deed of Trust") executed and delivered by Shawna L. Stokes dated 05-06-2011 and recorded in the Cherokee County Public Registry, North Carolina, in Book 1413, at Page 504, 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 Cherokee County, North Carolina entered in this foreclosure proceeding, the undersigned, Thomas A. Austin, Jr., Substitute Trustee, will offer for sale at public auction to the highest bidder for cash on the 19th day of May, 2017 at 11:00 a.m., at the door of the Cherokee County courthouse, 75 Peachtree Street, Murphy, North Carolina, the following described property:
See EXHIBIT "A" attached hereto and made a part hereof.
BEING the lands described in Warranty Deed recorded in Book 1234, at page 152, of the Cherokee County Public Registry.
The sale will be made subject to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Deed of Trust; provided, however, that the inclusion of this clause in this Notice of Foreclosure Sale Under Deed of Trust shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.
The record owner of the property as reflected on the records of the Cherokee County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Shawna L. Stokes.
Pursuant to N.C. General Statutes 45-21.10(b) and the terms of the Deed of Trust, any successful bidder will be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed and, should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C. General Statutes 45-21.30(d) and (e).
This sale will be held open ten (10) days for upset bids as required by law. If no advance or upset bids are filed with the Clerk of Superior Court, the sale will be confirmed.
This the 19th day of April, 2017.
Thomas A. Austin, Jr.,
Substitute Trustee
3475 Piedmont Road, NE, Ste., 1100
Atlanta, GA 30305
(404) 261-7711
Exhibit "A"
All that certain tract or parcel of land containing 24.53 acres, more or less, Shoal Creek Township, Cherokee County, North Carolina, and being more particularly described according to a plat of survey dated May, 1999 by Phillip G. Allen, R.L.S., and plat described as follows:
BEGINNING on an iron pin situate in a line common to adjoining lands formerly conveyed to Quesenberry and Elliot (Deed Book 817, Page 61) and said BEGINNING corner situate on the North Carolina-Tennessee State line and said BEGINNING corner situate S 08-52-43 W 1,913 feet from a rock corner found, and runs thence from said BEGINNING corner and with a line common to Quesenberry and Elliot S 89-31-41 E 346.49 feet to an iron pin set, S 89-31-41 E 775.36 feet to an iron pin set, S 89-31-41 E 142.60 feet to an iron pin set and S 89-31-41 E 65.87 feet to an iron pin set in the centerline of N.C.S.R. #1143 know as Blaine Donley Road; thence running with the centerline of said State Road S 04-58-04 E 144.59 feet, S 03-00-30 E 92.50 feet, S 02-20-59 W 125.01 feet S 02-16-31 E 92.64 feet, S 06-08-40 E 148.83 feet, S 09-19-11 E 155.62 feet, S 11-35-39 E 237.80 feet, S 16-47-45 E 136.73 feet and S 18-46-E 97.76 feet to a point in said road centerline; thence turning and leaving said road S 27-02 W 30.00 feet to an iron pin set and S 27-02 W 198.13 feet to an iron pin situate in an old road; thence with a line common to Whiskey Mountain Acres (formerly Pinter) N 14-41 W 96.41 feet, N 32-21-19 W 108.40 feet, N 38-48-1 W 149.90 feet, N 42-41-19 W 116.30 feet, S 51-54-41 W 84.40 feet, S 64-12-41 W 118.0 feet, S 75-04-41 W 88.50 feet, N 84-22-19 W 144.90 feet, S 73-04-41 W 115.40 feet, N 85-30-19 W 173.30 feet and N 52-30-19 W 100.0 feet to a 10 inch marked post oak on the top of a ridge; thence with a painted line and with the North Carolina-Tennessee State line N 08-52-44 E 1,118.83 feet to the BEGINNING.
TOGETHER WITH that certain right-of-way and easement 15 feet in width, 7 1/2 feet on each side of the centerline thereof over and across the existing access road which traverses the Southeast portion of Quesenberry and Elliot tract and as described and reserved in favor of the above-described tract as set forth in Deed Book 817, Page 61, Cherokee County Registry, said right-of-way and easement being or the purpose of ingress, egress and regress form the above-described tract to N.C.S.R. #1143 known as Blaine Donley Road.
SUBJECT TO that certain right-of-way and easement 15 feet in width, 7 1/2 feet on each side of the centerline thereof over and across the existing access road which traverses a portion of the North portion of the above-described tract in favor of the lands previously conveyed to Quesenberry and Elliot and being described i Deed Book 817, Page 61, Cherokee County Registry.
SUBJECT TO the provision that the owners of the above-described tract and those owned by Quesenberry and Elliot shall maintain said road and shall refrain from obstructing said right-of-way and roadbed as set forth in Deed Book 817, Page 61, Cherokee County, North Carolina Registry.
SUBJECT TO the rights of others, if any, in and to the use of the existing road which traverses portions of the South Boundary line of the above-described tract as said boundary line forms a line in common with Whiskey Mountain Acres.
SUBJECT TO that certain right-of-way and easement in favor of Tri-State Electric Membership for the distribution of electric power as set forth in Deed Book 177, Page 365, Cherokee County Registry.
SUBJECT TO the right-of-way and easement for N.C.S.R. #1143, known as Blaine Donley Road.
THIS BEING THE SAME PROPERTY CONVEYED UNTO Shawna L. Stokes by Warranty Deed from Jerry Owens and wife, Linda S. Owens, dated June 7, 2006 and recorded June 12, 2006 in Deed Book 1234, Page 152, Cherokee County, North Carolina Registry.
(340531)

Legals
JACE LONG ...

NORTH CAROLINA
CHEROKEE COUNTY
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION JUVENILE SECTION
FILE NO. 17-JA-21
NOTICE OF SERVICE OF PROCESS BY PUBLICATION
TO: Brenda Long,
35 Cool Springs, Murphy, NC 28906, the juvenile's mother. Harry Ray Abernathy,
902 Grindstone Road,
Murphy, NC 28906, the juvenile's father.
PLEASE TAKE NOTICE that the Cherokee County Department of Social Services filed a Juvenile Petition on March 23, 2017 in the above-entitled juvenile proceeding. The Juvenile Petition was filed pursuant to Article 4 of the North Carolina Juvenile Code and N.C.G.S. 7B-101(15).
PLEASE TAKE NOTICE that a hearing in the above captioned juvenile proceeding is scheduled for the adjudication hearing on Tuesday, June 13, 2016 at 9:30 o'clock a.m. or as soon thereafter as the Court may reach this case. The hearing will be held in the Courtroom of the Cherokee County Courthouse, 75 Peachtree Street, Murphy, North Carolina 28906. If you fail to appear at on the date and at the time and at the place set for the adjudication hearing, the Cherokee County Department of Social Services will, nevertheless, request the Court to conduct the adjudication hearing and enter an appropriate order based on the hearing.
PLEASE TAKE NOTICE that the next nonsecure custody hearing is scheduled for Tuesday, May 30, 2017 at 9:30 o'clock a.m. or as soon thereafter as the Court may reach this case. The hearing will be held in the Courtroom of the Cherokee County Courthouse, 75 Peachtree Street, Murphy, North Carolina 28906.
You have the right to be represented by a lawyer in this case. If you want a lawyer and cannot afford one, the Court will appoint a lawyer for you. An attorney has already been provisionally appointed to represent each of you in this juvenile proceeding. You should contact the Clerk of Superior Court immediately to get information regarding your Court-appointed lawyer. This is a new case, and any lawyer appointed to represent you in another case will not represent you in this case unless the Court appoints that same person again. You may contact the Clerk of Superior Court in writing at the following address: Clerk of Superior Court; Cherokee County Courthouse; 75 Peachtree Street; Murphy, North Carolina 28906. You may contact the Clerk of Superior Court by telephone by calling the following number: 1-828-835-7766.
You are entitled to attend any hearing affecting your parental rights. If you provide your address and contact to the Clerk of Superior Court, the Clerk will mail you notice of date, time and location of any hearing conducted in the above-captioned matter.
This the 4th day of May, 2017.
By: R. Scott Lindsay
Attorney for the
Cherokee County Department of Social
Services
4800 US Hwy 64 West
Murphy, North Carolina 28906
Telephone: (828) 837-7455 ext. 255
Fax: (828) 837-4152
(340705)

Legals
BEAR PAW SERVICE DISTRICT ...

Bear Paw Service District
Notice of Regular Scheduled Meeting
Notice is hereby given that the Regular Scheduled Meeting of the Bear Paw Service District shall occur at 9:00 am on the 27th day of May 2017 at the Bear Paw Clubhouse located at 60 Village Rd., Murphy, NC 28906 (342704)

Legals
CHEROKEE COUNTY SENIOR SE ...

Cherokee County Senior Services is soliciting indications of interest in bidding on the Elderly Nutrition Program (Andrews, Murphy, Hiwassee Dam, Unaka and Peachtree) in Cherokee County, for the period of July 1, 2017 through June 30, 2018. Agencies, organizations, or companies wishing to be included in the bid process, should pick up a bid packet of specifications for the meals at the Penland Senior Center in Murphy, no later than May 31, 2017 at which time the bids will be opened. Questions regarding this request may be made to Cherokee County Senior Services at 69 Alpine St., Murphy, NC 28906, or by calling 828-837-2467 and asking for Peggy Graham or Winfield Clonts.
Winfield Clonts, Director
Cherokee County Senior
Services
(245721)