Legals

NORTH CAROLINA
CHEROKEE COUNTY
IN THE MATTER OF THE FORECLOSURE
OF THE DEED OF TRUST EXECUTED BY ROSA MARIE SANCHEZ, a single person, and RUBEN S. AGUILAR, a single person,
Recorded in Book 1143, Page 845 and recorded again in Book 1147, Page 220,
Cherokee County Registry
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 20-SP-36
NOTICE OF
FORECLOSURE SALE
DEED OF TRUST BEING FORECLOSED:
The Deed of Trust being foreclosed is that Deed of Trust executed by ROSA MARIE SANCHEZ, a single person, and RUBEN S. AGUILAR, a single person to Joe Belcher, Trustee, dated February 25, 2005 and recorded in Book 1143, Page 845 and recorded again in Book 1147, Page 220 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 Maria Rosa Sanchez and Ruben S. Aguilar.
DATE, TIME AND PLACE OF SALE:
The sale will be held on August 12, 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 77 Towhee Lane, Murphy, NC 28906 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Because the legal description is too voluminous or is otherwise an exhibit hereto that will not be published in the newspaper, reference is made to the subject legal description recorded as part of the subject Deed of Trust as described in the case caption of this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.
Included is a 2004 Clayton manufactured home bearing serial no. CLH029737TNAB.
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 25th day of June, 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
(588797)

NOTICE TO CREDITORS OF ELIZABETH ANN WOODS
Having qualified as Executrix of the Estate of ELIZABETH ANN WOODS, 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: Jean Marie Nettleton, c/o James L. Blomeley, Jr., 217A Peachtree Street, Murphy, North Carolina 28906 on or before the 30th day of October, 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 20th day of July 2020.
James L. Blomeley, Jr.
Attorney for Jean Marie
Nettleton, Executrix
of the Estate of Elizabeth Ann Woods
File No.: 20-E-143
(590153)

NOTICE TO CREDITORS
I, Eddie Bruce Golden, having qualified as the Ancillary Executor of the Estate of Joseph H. Golden, deceased, Estate File number 20-E-148, of Cherokee County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the Estate of Joseph H. Golden, to exhibit them to the undersigned attorney at the address below, on or before November 3rd, 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 27th day of July, 2020.
EDDIE BRUCE GOLDEN, Ancillary Executor
Marguerite E. Stricker
Attorney at Law
102 Hiwassee Street
Murphy, NC 28906
(590561)

SUBSTITUTE TRUSTEE'S AMENDED NOTICE OF SALE OF REAL PROPERTY THIS ACTION BROUGHT PURSUANT TO THE POWER AND AUTHORITY contained within that certain Deed of Trust executed and delivered by Justin J. Humble and Charlotte Shepherd Humble dated November 14, 2018 and recorded on November 19, 2018 in Book 1600 at Page 892 in the Office of Register of Deeds of Cherokee County, North Carolina. As a result of a default in the obligations contained within the Promissory Note and Deed of Trust and the failure to carry out and perform the stipulations and agreements contained therein, the holder of the indebtedness secured by said Deed of Trust made demand to have the default cured, which was not met. Therefore, the undersigned Substitute Trustee will place for sale that parcel of land, including improvements thereon, situated, lying and being in the City of Murphy, County of Cherokee, State of North Carolina, and being more particularly described in the heretofore referenced Deed of Trust. Said sale will be a public auction, to the highest bidder for cash, at the usual place of sale at the Cherokee County Courthouse, Murphy, North Carolina, on August 3, 2020 at 11:00 AM Property Address: 177 Country Ln, Murphy, NC 28906 Tax Parcel ID: 447900391818000 and 447900390650000 Present Record Owners: Justin J. Humble 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. The successful bidder will be required to pay revenue stamps on the Trustee's Deed, any Land Transfer Tax, and costs for recording the Trustee's Deed. 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, special assessments, and other encumbrances. 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. The sale will not confirm until there have been ten (10) consecutive days with no upset bids having been filed. If for any reason the Trustee is unable to convey title to this property, or if the sale is set aside, the sole remedy of the purchaser is the return of the bid deposit. Furthermore, 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 bid deposit. In either event, the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee's attorney, or the Trustee. Additional Notice Required for Residential Real Property with Less Than Fifteen (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 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 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.
Witness: Assistant/Deputy Clerk of Superior Court
Albertelli Law Partners
North Carolina, P.A.,
Substitute Trustee
By: Albertelli Law Partners North Carolina, P.A.
David W. Neill, Esq. NC
State Bar No. 23396 205
Regency Executive Park Drive, Suite 100 Charlotte, NC 28217
Tel: 704-970-0391 19-026892 / 20-SP-7 A-4725171
07/22/2020, 07/29/2020

20 SP 3
AMENDED NOTICE OF FORECLOSURE SALE
NORTH CAROLINA,
CHEROKEE COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by David Passmore and Karina Passmore to James R. Seely, Trustee(s), which was dated January 24, 2018 and recorded on January 24, 2018 in Book 01579 at Page 0159 and rerecorded/modified/corrected on February 24, 2020 in Book 01637, Page 30, Cherokee County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default 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 6, 2020 at 12:00PM, and will sell to the highest bidder for cash the following described property situated in Cherokee County, North Carolina, to wit:
Lot No. 13 of Sunset Mountain Subdivision, as shown on the plat of survey by Palmer's Surveying, Inc., as certified by Felix E. Palmer, R.L.S., dated June 6, 1985, and recorded in Plat Cabinet B, Slide 169 B, Cherokee County Registry, reference to which is hereby made for further and more complete description, containing 2.3 acres, more or less.
Grantor further grants a perpetual, non-exclusive right of way easement, 30 feet wide, over and along the subdivision access roads, as said roads run along the boundary lines of the herein above described lot and extending through the Sunset Mountain Subdivision; and another easement extending from the Northernmost corner of Lot No. 1 in a general Northwest direction to U. S. Highway #64, for purposes of ingress, egress, regress and utility lines, located as shown on the recorded subdivision survey plats, reference to which is hereby made for greater certainty of location and description.
Grantor, however, hereby expressly reserves to himself, his heirs, personal representatives and assigns, perpetual, non-exclusive right of way easements, 15 feet wide from the centerline over and along Hollow Drive, the centerline of which forms a portion of the property line of subject lot; and 30 feet wide from the centerline of Sunset Lane, the centerline of which intersects Hollow Drive and forms a portion of the property of subject lot, for purposes of ingress, egress, regress and utility lines, located as shown on the recorded subdivision survey plats, reference to which is hereby made for greater certainty of location and description.
Said easement shall be appurtenant to, and shall run with the land, and shall include the right to go upon said land with workmen to improve, repair and maintain said road and utilities, as may be necessary from time to time.
This conveyance is expressly made subject to those certain covenants, restrictions and conditions governing Sunset Mountain, contained in a certain instrument recorded in Book 508, Page 117 and as amended in Deed Book 1351, Page 613, Cherokee County Registry, reference to which is hereby made.
TOGETHER WITH the non-exclusive right to use water from a well (being a 1/5 undivided interest) that serves and furnishes Lots 9 through 13 of Sunset Mountain Subdivision as described in instrument recorded in Deed Book 777, Page 171, Cherokee County, NC Registry, and further governed by water deed recorded in Book 1577, Page 574, Cherokee County, NC Registry.
FOR SOURCE OF TITLE reference Deed Book 1365, Page 578, Cherokee County, NC Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 95 Hollow Drive, Murphy, NC 28906.
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. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.
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 David Passmore and wife, Karina Passmore.
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 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 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 [NCGS 45-21.16A(b)(2)]. 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.
Trustee Services of
Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive
Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 19-15359-FC01
(588784)

NOTICE TO CREDITORS
I, Craig Tillman Dishner, having qualified as the Executor of the Estate of Frederick William Dishner, deceased, Estate File number 20-E-145, of Cherokee County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the Estate of Frederick William Dishner, to exhibit them to the undersigned attorney at the address below, on or before October 27th, 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 17th day of July, 2020.
CRAIG TILLMAN DISHNER, Executor
Larry G. Simonds, Jr.
Attorney at Law
102 Hiwassee Street
Murphy, NC 28906
(589261)

Having qualified as Administrator of the Estate of Sandra Beverly Dockery, late of 1345 Cook Creek Road, Murphy, Cherokee County, North Carolina, 28906, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned c/o attorney Kelly Rains Jesson at 5960 Fairview Road, Suite 400, Charlotte, North Carolina, 28210, on or before October 22, 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 22nd day of July 2020.
Loren Dale Dockery,
Administrator of the Estate of
Sandra Beverly Dockery
Kelly Rains Jesson, Esq.
Jesson & Rains, PLLC
5960 Fairview Road,
Suite 400
Charlotte, NC 28210
19-E-28
(588799)

NOTICE TO CREDITORS
I, Victoria Lyn Ross, having qualified as the Administrator of the Estate of Steven Ray Ross, deceased, Estate File number 20-E-144, of Cherokee County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the Estate of Steven Ray Ross, to exhibit them to the undersigned attorney at the address below, on or before October 27th, 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 17th day of July, 2020.
VICTORIA LYN ROSS,
Administrator
Larry G. Simonds, Jr.
Attorney at Law
102 Hiwassee Street
Murphy, NC 28906
(589263)

PERSONAL REPRESENTATIVE'S NOTICE TO DEBTORS AND CREDITORSOF THE ESTATE OF DAVID HARDEN MILLER
Having qualified as Executor of the Estate of David Hardin Miller, a/k/a Personal Representative, assigned file number 19 E 289, Office of the Clerk of Superior Court of Cherokee County, North Carolina, I notify, hereby, all persons, firms and corporations having claims against the cited Decedent's Estate to exhibit them to me on or before October 19, 2020;or, this Notice will be pleaded in bar of the recovery of such claim.
All persons, firms and corporations indebted to the Estate of David Harden Miller, deceased, are requested to tender payment, immediately, to the undersigned Executor of the Estate, W. David Sumpter, III, whose address is 750 U.S. Highway 64 West, Suite B, Murphy, North Carolina 28906.
This July 6, 2020.
W. David Sumpter, Ill
Executor of the Estate ofDavid Harden Miller
750 U.S. Highway 64 West, Suite B
Murphy, North Carolina
28g06
828.837-4000: :
828.835.3029[fax]
(588317)

NOTICE TO CREDITORS
I, Justin Alfred Freeman, having qualified as the Administrator of the Ancillary Estate of John F. Freeman, deceased, Estate File number 20-E-132, of Cherokee County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the Ancillary Estate of John F. Freeman, to exhibit them to the undersigned attorney at the address below, on or before October 13th, 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 1st day of July, 2020.
JUSTIN ALFRED FREEMAN,
Administrator
Larry G. Simonds, Jr.
Attorney at Law
102 Hiwassee Street
Murphy, NC 28906
(586758)