Legals

NORTH CAROLINA
CHEROKEE COUNTY
IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST EXECUTED BY ROSE MARIE BLACKBURN, unmarried and
RICHARD M. BARTLETT, unmarried, Recorded in Book 1272, Page 977, Cherokee County Registry
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 19-SP-116
NOTICE OF
FORECLOSURE SALE
DEED OF TRUST BEING FORECLOSED:
The Deed of Trust being foreclosed is that Deed of Trust executed by ROSE MARIE BLACKBURN, unmarried and RICHARD M. BARTLETT, unmarried to Richard Franz, Trustee, dated February 13, 2007 and recorded in Book 1272, Page 977 in the Cherokee County Registry of North Carolina.
RECORD OWNERS OF THE REAL PROPERTY:
The record owners of the subject real property as reflected on the records of the Cherokee County Register of Deeds not more than 10 days prior to the posting of this Notice are Richard M. Bartlett and Rose Marie Blackburn.
DATE, TIME AND PLACE OF SALE:
The sale will be held on March 5, 2020 at 11:00 a.m. at the door of the Cherokee County Courthouse, Murphy, North Carolina.
PROPERTY TO BE SOLD:
The following real property to be sold "sight unseen" together with any improvements is located in Cherokee County, North Carolina and is believed to have the address of 5397 Fairview Road, Andrews, NC 28901 and
5399 Fairview Road, Andrews, NC 28901 and is otherwise more particularly described as follows:

Because the legal description is too voluminous or is otherwise an exhibit hereto that will not be published in the newspaper, reference is made to the subject legal description recorded as part of the subject Deed of Trust as described in the case caption of this proceeding and incorporated herein by said reference.
TERMS OF SALE:
Pursuant to the provisions of N.C.G.S. 45-21.10(b) and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee or Clerk of Superior Court immediately upon the conclusion of the sale a cash deposit to be determined by the greater of 5% of the bid or $750.00. Unless the Substitute Trustee agrees otherwise, the successful bidder will be required to tender the "full purchase price" so bid in cash or certified check at the time the Trustee tenders to him a Deed to the property or attempts to tender such Deed, and should the successful bidder fail to pay the full amount, then the successful bidder shall remain liable as provided for in N.C.G.S. 45-21.30. By submitting your bid, you agree that the "full purchase price" shall be defined as the amount of bid plus the Trustee's commission as defined in the subject Deed of Trust plus the costs of the action, unless the Trustee agrees otherwise. For example, if the amount of bid is $20,000.00 and the trustee's commission is defined in the subject Deed of Trust as 5% of the gross proceeds of the sale, then the "full purchase price" shall equal $21,000.00 plus the costs of the action. A tender of Deed shall be defined as a letter from the Trustee to the successful bidder offering to record the Deed upon receipt of full purchase price as described herein and listed in said letter. If the trustee is unable to convey title to this property for any reason such as a bankruptcy filing, the sole remedy of the successful bidder is the return of the deposit. As to any manufactured home, the following shall apply: Any not considered real property is being foreclosed pursuant to N.C.G.S. 25-9-604, if necessary; there is no warranty that any is actually located on the subject tract; and there is no warranty given by the Substitute Trustee as to whether said home is real property or personal property. The sale will be made subject to all prior liens, unpaid taxes, assessments, restrictions and easements of record, if any.
ADDITIONAL NOTICE:
Take notice that 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. Take further notice that 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 10 days, but no more than 90 days, after the sale dates 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. This notice further states 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.
This the 22nd day of January, 2020.
THE GREEN LAW
FIRM, P.C.
Jay B. Green
Attorneys for Deidre D.
DeFlorentis,
Substitute Trustee
908 E. Edenton Street
Raleigh, North Carolina 27601
Telephone: 919-829-0797
Facsimile: 919-829-0799

NB+C, LLC, is proposing to construct a 234-foot overall height self-supporting lattice
telecommunications structure located at 6686 Highway 141, Valleytown, Cherokee County, North Carolina (N35 9' 20.3"; W83 55' 0.1). NB+C, LLC, invites comments from any interested party on the impact the proposed undertaking may have on any districts, sites, buildings, structures, or objects significant in American history, archeology, engineering, or culture that are listed or determined eligible for listing in the National Register of Historic Places under National Historic Preservation Act Section 106. Comments pertaining specifically to historic resources may be sent to Environmental Corporation of America, ATTN: Dina Bazzill, 1375 Union Hill Industrial Court,
Suite A, Alpharetta, GA 30004. Ms. Bazzill can be reached at (770) 667-2040 x.111 during normal business hours. Comments must be received within 30 days of the date of this notice. W0423 CMJ (563142)

CREDITOR'S NOTICE
ESTATE OF JACK ERNEST EARLEY 20-E-40
Having qualified as Executrix of the Estate of Jack Ernest Earley, late of Cherokee County, State of North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned at the following address: 9910 Katelyn Drive, Charlotte, North Carolina 28269, on or before the 19th day of May 2020, or this notice will be pleaded in bar of their recovery.
All persons indebted to said estate will please make immediate payment.
This 17th day of February, 2020.
LYNN EARLEY ROBERSON, Executrix of the Estate of
JACK ERNEST EARLEY,
Deceased.
(563658)

NOTICE TO CREDITORS
I, Patricia Halstead, having qualified as the Administrator of the Estate of Jack Shingler, deceased, Estate File number 20-E-36, of Cherokee County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the Estate of Jack Shingler, to exhibit them to the undersigned attorney at the address below, on or before May 24th, 2020, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.
This the 12th day of February, 2020.
PATRICIA HALSTEAD,
Administrator
Marguerite E. Stricker
Attorney at Law
102 Hiwassee Street
Murphy, NC 28906
(563268)

NORTH CAROLINA
CHEROKEE COUNTY
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK
FILE NO. 20-E-21
CREDITOR'S NOTICE
In the Matter of the Estate of:
JOSEPH DENNIS MICKENS, deceased.
Having qualified as Executor of the Estate of JOSEPH DENNIS MICKENS, deceased, late of Cherokee County, State of North Carolina, this is to notify all persons having claims against the Estate of said deceased to present such claims to JEREMY DANIEL MICKENS, Executor, 149 Mt Liberty Cemetery Rd., Murphy, North Carolina 28906 on or before the 20th day of May, 2020, or this notice will be pleaded in bar of their recovery.
All persons indebted to said Estate will please make immediate payment.
This the 19th day of February, 2020.
JEREMY DANIEL MICKENS, Executor of the Estate of JOSEPH DENNIS MICKENS
149 Mt. Liberty Cemetery Rd.
Murphy, NC 28906
(563316)

NOTICE TO CREDITORS OF MILDRED MAGGIE GIBSON GENTRY
Having qualified as Executrix of the Estate of MILDRED MAGGIE GIBSON GENTRY, deceased, late of Cherokee County, State of North Carolina, this is to notify all persons having claims against the estate or said deceased to exhibit them to the undersigned at the following address: Brenda Gibson, c/o James L. Blomeley, 217A Peachtree Street, Murphy, North Carolina 28906 on or before the 20th day of May, 2020, or this Notice will be pleaded in bar of their recovery.
All persons indebted to said decedent will please make immediate payment.
This the 19th day of February 2020.
James L. Blomeley, Jr.
Attorney for Brenda Gibson
Executrix of the Estate of
Mildred Maggie Gibson
Gentry
File No.: 20-E-33
(563144)

NOTICE TO CREDITORS
I, Margie G. Kephart, having qualified as the Executrix of the Estate of Richard Harold Kephart, deceased, Estate File number 20-E-7, of Cherokee County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the Estate of Richard Harold Kephart, to exhibit them to the undersigned attorney at the address below, on or before May 24th, 2020, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.
This the 12th day of February, 2020.
MARGIE G. KEPHART,
Executrix
Larry G. Simonds, Jr.
Attorney at Law
102 Hiwassee Street
Murphy, NC 28906
(563269)

NORTH CAROLINA
CHEROKEE COUNTY
IN THE GENERAL COURT OF JUSTICE SUPERIOR
COURT DIVISIONBEFORE THE CLERK 19 SP 115
NOTICE OF FORECLOSURE SALE
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM JAMES A. WHITENER AND LISA WHITENER, DATED MAY 22, 2000, RECORDED IN BOOK 902, PAGE 213, CHEROKEE COUNTY REGISTRY
Pursuant to an order entered January 30, 2020, in the Superior Court for Cherokee County, and the power of sale contained in the captioned deed of trust ("Deed of Trust"), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash,
AT THE COURTHOUSE DOOR IN MURPHY, CHEROKEE COUNTY, NORTH CAROLINA ON FEBRUARY 25, 2020,
AT 11:00 A.M.
the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in Cherokee County, North Carolina, commonly known as 3146 Caney Creek Road, Murphy, NC and being more particularly described as follows:
All that parcel of land in Township of Murphy, Cherokee County, State of North Carolina, as more fully described in Deed Book 812, Page 151, ID#440046091067, being known and designated as metes and bounds property.
By fee simple deed from Wilma Whitener and James R. Whitener as set forth in Book 812, Page 151 dated 11/21/1997 and recorded 12/1/1997, Cherokee County records, State of North Carolina.
In the Trustee's sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.
The record owner of the real property not more than ten days prior to the date hereof is Lisa Whitener.
A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed.
This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.
The purchaser of the property described above shall pay the Clerk's Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A 308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.
To the extent this sale involves residential property with less than fifteen (15) rental units, including single family residential real property, you are hereby notified of the following:
a.An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and
b.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 the termination.
This 25th day of January, 2020.
MARK A. PINKSTON,
Substitute Trustee
Mark A. Pinkston Esq.
PO Box 7376
Asheville, NC 28801
828-258-2991
(561933)

NOTICE TO CREDITORS OF PHILLIP JAMES MARCUS
Having qualified as Executor of the Estate of Phillip James Marcus, deceased, late of Cherokee County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned at the following address: Susan Fowler, c/o Law Offices of Merinda S. Woody, P.A., P.O. Box 1519, Hayesville, NC 28904, Resident Process Agent for the Estate of Phillip James Marcus, on or before May 12, 2020, or this Notice will be pleaded in bar of their recovery.
All persons indebted to said decedent will please make immediate payment.
This the 6th day of February 2020.
Susan Fowler, Executor
Of the Estate of Phillip James Marcus, deceased
LAW OFFICES OF
MERINDA SWANSON
WOODY, P.A.
Merinda S. Woody
Attorney for the Estate of Phillip James Marcus
P.O. Box 1519
Hayesville, NC 28904
(828) 389 0202
(561944)

NORTH CAROLINA
CHEROKEE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor of the Ancillary Estate of Richard F. Meyer, deceased, late of 45 Stonehaven Drive, North Bend, OH, 45052, this is to notify all persons, firms and corporations having claims against said estate to present them, duly verified, to Jennifer L. Meyer, c/o Jeffrey M. McCraw, Crisp Cherry McCraw PLLC, 615 S. College St., Ste. 1430, Charlotte, NC 28202, on or before the 13th day of May, 2020, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said Estate shall make immediate payment to the undersigned. Nothing herein shall be deemed a waiver of any defenses to such claims pursuant to N.C. Gen. Stat. 28A-19-3(f).
This the 12th day of February, 2020.
JENNIFER L. MEYER
Executor, Ancillary Estate of Richard F. Meyer
20-E-6, Cherokee County
c/o Jeffrey M. McCraw, Esq.
Crisp Cherry McCraw PLLC
615 South College Street, Suite 1430
Charlotte, NC 28202
(561938)