Legals

NOTICE OF FORECLOSURE SALE
19 SP 47
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Alvin Timothy Wright and Sonya P. Wright to Richard H. Stancil, Atty at Law, Trustee(s), dated the 24th day of January, 2003, and recorded in Book 1021, Page 178, 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 November 7, 2019 and will sell to the highest bidder for cash the following real estate situated in the Township of Valleytown, in the County of Cherokee, North Carolina, and being more particularly described as follows:
BEING that certain tract or parcel of land lying in Valleytown Township, Cherokee County, North Carolina, and being more particularly described on that plat of survey drawn by L.B. Adams, R.L.S. 1-2708, dated April 1994, and being more particularly described as follows:
BEGINNING on an iron rod found in the Southwest corner of the herein described property at a corner common to Williamson, Deed Book 471, at Page 149, and Sullivan, Deed Book 438 at Page 34 and runs with the line of Sullivan, North 03-39 East 375.42 feet to a point in the centerline of an unimproved road; thence with the centerline of said road the following courses and distances; North 40-02- East 35.12 feet, North 70-29 East 69.21 feet, North 58-50 East 91.81 feet, North 30-11 East 22.37 feet. North 09-11 West 42.85 feet, North 54-01 East 32.75 feet to a point in the centerline of a thirty (30) foot road right of way for access to North Carolina. Secondary Road No. 1501, North 54-01 East 36.21 feet an North 75-53 East 26.54 feet to a corner common to Charles Haney, Deed Book 440 at Page 30; thence with the line of Haney the following courses and distances: South 04-32 East 8.00 feet to an iron pipe found, said iron pipe found lying near the South margin of said unimproved road, South 04-32 East 381.84 feet to a plastake found, South 11-33 West 56.16 feet to an iron rod found and South 22-16 East 123.39 feet to an iron pipe found at Maple; thence with the line of Williamson, Deed Book 471 at Page149, South 86.10 West 343.27 feet to the BEGINNING, containing 3.05 acres, more or less. Together with improvements located thereon; said property being located at 1522 Red Marble Road, Andrews, North Carolina.
THE GRANTORS HEREIN do hereby give and grant unto the Grantees herein, their heirs, successors and assigns, a non-exclusive perpetual right of way and easement for purposes of ingress, egress and regress and for utilities over the existing access road to the herein above described property and being more particularly described as a thirty (30) foot right of way, having fifteen (15) feet on either side of the centerline, the centerline of which is located on the North property line of the herein described property, said centerline point lying South 20-10 East 256.51 feet from a point in the center of North Carolina Secondary Road No. 1501 to the North property line.
THE GRANTORS HEREIN do hereby reserve until themselves, their heirs, successors and assigns a non-exclusive perpetual right of way and easement for purposes of ingress, egress and regress and for utilities over the existing access road to the herein above described property and being more particularly described as a thirty (30) foot right of way, having fifteen (15) feet on either side of the centerline, the centerline of which is located on the North property line of the herein described property, said centerline of which is located on the North property line of the herein described property, said centerline point lying South 20-10 East 256.51 feet from a point in the center of North Carolina Secondary Road No. 1501 to the North property line.
SUBJECT to all matters as shown on the above referenced plat.
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 prior 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 LLP
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslaw
firm.com
Case No: 1274699 (FC.FAY)
(541642)

NOTICE OF FORECLOSURE SALE
FILE NO. 19-SP-59
Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Robert W. Smith and Judith Ann Smith to Douglas B. Ernest, Trustee, dated June 14, 2016 and recorded in Book 1547, at Page 866 in the Cherokee County Registry, Murphy, North Carolina, default having been made in the payment of the Note thereby secured by the Deed of Trust, and the undersigned having been substituted as Trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the Holder of the Note evidencing the 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, on November 4, 2019, at 11:00 a.m. and will sell to the highest bidder for cash the following real estate:
Generally described as certain real property, with any and all improvements thereon, located in Cherokee County, North Carolina, and being more particularly described as follows:
All that certain tract or parcel of land containing 1.30 acres, more or less, located in Valleytown Township, Cherokee County, North Carolina being more particularly described according to that survey dated October 30, 1997 by Charles V. Bryson, RL.S. and from said survey being more particularly described as follows:
BEGINNING at a nail and cap found at the intersection of N.C.S.R. No. 1388 and Old Road, said point being North 79-35-50 West 51.36 feet from a stamped three (3) foot concrete monument found, and said beginning point being South 88-12-00 West 56.62 feet from a concrete monument found; thence from said beginning point with the centerline of the Old Road and the property owned now or formerly by Llntennan (Deed Book 549, Page 56) South 26-56-37 East 69.51 feet, South 34-03-34 East 50.10 feet, South 51-05-59 East 19.48 feet, South 88-21-18 East 17.01 feet, North 48-13-14 East 44.34 feet, South 53-53-15 East 18.71 feet, South 29-22-11 East 22.56 feet, South 07-20-02 East 37.57 feet and South 06-07-25 East 55.92 feet to an angle iron found, said point being common to property owned now or formerly by Freel (Deed Book 534, Page 61); thence with the line common to Freel South 72-30-08 West 41.20 feet to the centerline of a branch; thence with the centerline of said branch South 24-15-08 West 54.88 feet, South 15-32-46 East 36.12 feet, South 09-30-36 West 21.82 feet, South 26-35-37 West 60.18 feet, and South 32-05-36 East 58.55 feet to masonry nail set in outlet end of concrete headwall at intersection of Beaver Creek and small branch; thence with the centerline of Beaver Creek the following courses and distances: North 73-38-35 West 22.36 feet, North 73-38-35 West 24.26 feet, North 88-36-53 West 50.18 feet, North 57-42-39 West 143.66 feet and North 02-44-46 West 45.97 feet; thence leaving the centerline of Beaver Creek and running North 72-30-08 East 40.95 feet to the centerline of N.C.S.R. No. 1388; thence with the centerline of N.C.S.R. No. 1388 the following courses and distances: North 15-51-27 East 33.92 feet, North 24-49-56 East 79.88 feet, North 20-45-13 East 49.25 feet, North 16-00-06 East 34.11 feet, North 08-24-34 East 29.01 feet, North 00-22-20 East 35.33 feet and North 07-46-03 West 35.38 feet to the point and place of BEGINNING.
THE HEREIN DESCRIBED PROPERTY IS SUBJECT TO the reservation of water rights and privileges reserved by W.T. Taylor.
THE HEREIN DESCRIBED PROPERTY IS SUBJECT TO the 45 foot right-of-way for N.C.S.R. No. 1388 which traverses the western boundary of the herein described property.
THE HEREIN DESCRIBED PROPERTY IS SUBJECT TO the (right) light-of-way for the old road which traverses the Northern boundary of the herein described property.
Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book 1547, at Page 866 in the office of the Register of Deeds of Cherokee County.
This is the same property described in the Deed of Trust recorded in Book 1547, at Page 866 in the office of the Register of Deeds of Cherokee County.
The current property owner is Robert W. Smith (who is married to Judith Ann Smith).
The Substitute Trustee may, in the Substitute Trustee's sole discretion, delay the sale for up to one hour as provided in N.C. Gen. Stat. 45-21.23.
The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners' association assessments, not subordinate to the lien of the Deed of Trust being foreclosed, and superior liens and/or encumbrances of record against the property, unrecorded mechanics' and materialmen's liens, and any recorded releases.
The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS, AND WITH ALL FAULTS." Neither the Substitute 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 representatives of either the Substitute Trustee or the Holder of the Note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.
To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price.
A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee's Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee's 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 may remain liable on his bid as provided for in N.C. Gen. Stat. 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps, as well as the assessment fee of up to Five Hundred Dollars ($500.00) required by NCGS 7A-308(a)(1), and other costs of closing the sale.
If the 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 include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and/or reinstatement of the loan. If the validity of the sale is challenged by any party, the Substitute 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.
An order for possession of the property may be issued pursuant to N.C. Gen. Stat. 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.
In accordance with N.C. Gen. Stat. 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, including single-family residential real property, 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 herein, provided that the mortgagor/ grantor 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 the 4th day of October, 2019.
David G. Budd, II
Substitute Trustee
207 Hillside Street
Asheville, North Carolina 28801
Telephone: (828) 350-3814
(541495)

NOTICE OF FORECLOSURE SALE
FILE NO. 19-SP-58
Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Robert W. Smith (a/k/a Robert William Smith) and Judith Ann Smith to Douglas B. Ernest, Trustee, dated June 14, 2016 and recorded in Book 1547, at Page 852 in the Cherokee County Registry, Murphy, North Carolina, default having been made in the payment of the Note thereby secured by the Deed of Trust, and the undersigned having been substituted as Trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the Holder of the Note evidencing the 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, on November 4, 2019, at 11:00 a.m. and will sell to the highest bidder for cash the following real estate:
Generally described as certain real property, with any and all improvements thereon, located in Cherokee County, North Carolina, and being more particularly described as follows:
In Valleytown Township, District No. 7.
BEGINNING on white oak in the Thodo Thomas line, and runs thence North 19-30 East 100 feet to an iron pipe on the East side of a trail; thence South 58 East 100 feet to an iron pipe; thence South 19-39 West 100 feet to a stake, thence North 58 West 100 feet to the BEGINNING, containing 1/4 acres, more or less.
TOGETHER WITH a permanent easement or right-of-way along an old road over the remaining property of Deedi Louis to what is known as the Bryson Road for the purpose of ingress, egress and regress to the premises.
FOR SOURCE OF TITLE, reference Deed recorded in Book 465, Page 155, Cherokee County, NC Registry.
Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book 1547, at Page 852 in the office of the Register of Deeds of Cherokee County.
This is the same property described in the Deed recorded in Book 465, Page 155, and the Deed of Trust recorded in Book 1547, at Page 852 in the office of the Register of Deeds of Cherokee County.
The current property owners are Robert W. Smith and wife, Judith Ann Smith.
The Substitute Trustee may, in the Substitute Trustee's sole discretion, delay the sale for up to one hour as provided in N.C. Gen. Stat. 45-21.23.
The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners' association assessments, not subordinate to the lien of the Deed of Trust being foreclosed, and superior liens and/or encumbrances of record against the property, unrecorded mechanics' and materialmen's liens, and any recorded releases.
The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS, AND WITH ALL FAULTS." Neither the Substitute 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 representatives of either the Substitute Trustee or the Holder of the Note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.
To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price.
A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee's Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee's 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 may remain liable on his bid as provided for in N.C. Gen. Stat. 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps, as well as the assessment fee of up to Five Hundred Dollars ($500.00) required by NCGS 7A-308(a)(1), and other costs of closing the sale.
If the 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 include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and/or reinstatement of the loan. If the validity of the sale is challenged by any party, the Substitute 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.
An order for possession of the property may be issued pursuant to N.C. Gen. Stat. 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.
In accordance with N.C. Gen. Stat. 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, including single-family residential real property, 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 herein, provided that the mortgagor/ grantor 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 the 4th day of October, 2019.
David G. Budd, II
Substitute Trustee
207 Hillside Street
Asheville, North Carolina 28801
Telephone: (828) 350-3814
(541503)

NOTICE OF FORECLOSURE SALE
FILE NO. 19-SP-60
Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Robert William Smith and Judith Ann Smith to James B. Hayhurst, Trustee, dated March 28, 2013 and recorded in Book 1461, at Page 552 in the Cherokee County Registry, Murphy, North Carolina, default having been made in the payment of the Note thereby secured by the Deed of Trust, and the undersigned having been substituted as Trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the Holder of the Note evidencing the 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, on November 4, 2019, at 11:00 a.m. and will sell to the highest bidder for cash the following real estate:
Generally described as certain real property, with any and all improvements thereon, located in Cherokee County, North Carolina, and being more particularly described as follows:
That certain tract of land containing 36.54 acres, more or less, and bounded, now or formerly, by natural boundaries and/or lands owned by and/or in the possession of persons as follows: On the North by North Carolina Secondary Road #1389 and Ty Burnette, on the East by Freel, on the South by U. S. Highway #19-129 (Bypass), and on the West by Freel; said tract lying approximately .2 of a mile East of the intersection of North Carolina Secondary Road #1389 with U. S. Highway No. 19-129 and being more specifically described as follows:
BEGINNING at a concrete right of way monument on the North right of way line of U. S. Highway #19-129, marking the Southwest corner of the hereindescribed tract and the Southeast corner of the Freel tract, said monument having North Carolina Grid Coordinates of N=565,275.14 and E=559,066 13, and runs thence from said Beginning point with the North right of way margin of U. S. Highway #19-129 N. 89 deg 58' 08" E. 1,160.43 feet to a concrete right of way monument at a fence corner common to Freel: thence along a fence line common to Freel N. 15 deg 31' 38" W. 1,174.55 feet to a point in the centerline of Brittain Creek; thence with the meanders of said centerline the following ten courses: N. 68 deg 13' 15" W. 29.03 feet; S 58 deg 42' 29" W 97.85 feet; S 75 deg 41' 31" W. 79.97 feet; N . 56 deg 13' 30" W. 63.53 feet; S 34 deg 56' 35" W. 63.15 feet; N. 26 deg 05' 14" W 43.44 feet; S. 73 deg 23' 09" W. 68.15 feet; N 64 deg 47' 08" W. 25.56 feet; S. 69 deg 59' 06" W. 98.26 feet; and S. 08 deg 51' 10" W. 17.97 feet to a point witnessed by a concrete monument set on the bank of the creek at N. 60 deg 41' 53" W. 20.28 feet; thence along a property line common to Ty Burnette N. 60 deg 41' 53" W. passing said concrete monument set at 20.28 feet, and passing a concrete monument set at 477.99 feet, total distance 492.94 feet to an iron rod in the centerline of Bob Branch; thence with meanders of said centerline the following ten courses N. 25 deg 34' 30" E. 125.91 feet; N. 44 deg 32' 21" E. 33.56 feet; N. 34 deg 37' 34" E. 64.91 feet; N. 09 deg. 20' 07" E. 24.30 feet; N. 10 deg 48' 19" W. 80.60 feet; N 42 deg 55' 53" E. 62.63 feet; N. 09 deg 16' 33" W. 44.93 feet; N. 50 deg 39' 45" E. 26.30 feet; N. 15 deg 34' 26" W. 108.74 feet, and N. 18 deg 09' 55" W. 59.95 feet; thence along a property line common to Burnette N. 81 deg 11' 15" W., passing an iron rod set on the Southeast margin of the right of way of North Carolina Secondary Road #1389 at 129.84 feet, total distance 159.58 feet to a point in the centerline of North Carolina Secondary Road #1389; thence with said centerline the following thirteen courses: S. 19 deg 41' 36" W 52.44 feet; S. 23 deg 01' 10" W. 49.91 feet; S. 32 deg 38' 32" W 50.01 feet; S 44 deg 33' 04" W. 49.95 feet; S 56 deg 00' 59" W. 49.98 feet; S 67 deg 26' 51" W. 49.96 feet; S. 79 deg 13' 23" W. 49.95 feet; N. 89 deg 15' 49" W. 50.02 feet; N. 77 deg 25' 53" W. 49.94 feet; N. 64 deg 59' 53" W. 49.98 feet; N. 60 deg 32' 59" W. 53.15 feet; N. 64 deg 54' 53" W. 49.95 feet; and N. 78 deg 09' W. 35.31 feet; thence along a property line common to West and along the East side of a driveway S. 14 deg 31' 27" E., passing an iron rod set near the Southwest margin of the right of way of North Carolina Secondary Road #1389 at 34.32 feet, total distance 335.17 feet; thence along a fence line common to Freel N. 75 deg 27' 39" E., passing an iron rod set at 3.85 feet, total distance 134.16 feet to an iron pin at a fence corner; thence along a property line common to Freel S. 15 deg 41' 30" E. 1,485.75 feet to the point of Beginning.
As shown on the plat of survey entitled "James Dockerty Inc. Property", dated April 27, 1997, prepared by Brian T. Moore, R. L. S.
Together with a perpetual, non-exclusive right and easement to connect to the sewer trap located on the south side of U. S. Hwy. #19-129 (Bypass), in front of the Country Hearth Motel.
Also together with an easement for a common access road, 60 feet in width, along the South boundary line of land owned, now or formerly, by Charles S. Freel (The Freel Farm), and crossing the Southwest corner thereof, said strip being shown as "proposed 60 feet right of way" on a plat of survey by Kenneth R. Moore, P.L.S., dated January 3, 2003 and recorded in Plat Cabinet D, Slide 171, Cherokee County Registry, reference to which is hereby made for greater certainty of location and description. As conveyed by deed recorded in Book 1028, page 243, Cherokee County Registry.
SUBJECT, however, to an easement for a common access road, 60 feet wide, over and along the South property line of the hereinabove described 22.52 acre tract, said strip being shown as "proposed 60 foot right of way" on a plat of survey by Kenneth R. Moore, P.L.S., dated January 3, 2003 and recorded in Plat Cabinet D, Slide 171, Cherokee County Registry, reference to which is hereby made for greater certainty of location and description. As conveyed to Charles S. Freel and wife, Lillian W. Freel by deed recorded in Book 1028, Page 243, Cherokee County Registry.
LESS AND EXCEPT an 8.19 acre tract of land conveyed to Grace Fellowship Baptist of Andrews, Inc. by deed recorded in Book 1028, Page 249, Cherokee County Registry, reference to which is hereby made for further and more complete description.
FURTHER SUBJECT, however, to perpetual, non-exclusive easements, for purposes of ingress and egress and utilities, (1) over and along the access road extending from the Northwest property line of the 8.19 acre tract conveyed to Grace Fellowship Baptist of Andrews in a general Northwest direction to intersection with N.C.S.R. #1389, located as shown on the survey plat recorded in Plat Cabinet D, Slide 171, Cherokee County Registry, reference to which is hereby made for further and more complete description and location; (2) 60 feet wide over and along an access road extending from the South property line of the said tract in a South direction to intersection with the right of way of U. S. Highway 19-129; thence over and along an intersecting access road extending in a general West direction to intersection with Beaver Creek Road.
Further, together with a perpetual, non-exclusive easement, for purposes of ingress, egress and utilities, 60 feet wide extending along the Northeast property line of the tract of land conveyed to Grace Fellowship Baptist of Andrews located as shown on the aforesaid recorded survey plat, reference to which is hereby made for further and more complete description and location. This easement includes the right to go upon the servient tenement with workmen to improve, repair and maintain such facilities, as may be necessary from time to time.
Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book 1461, at Page 552 in the office of the Register of Deeds of Cherokee County.
This is the same property described in the Deed of Trust recorded in Book 1461, at Page 552 in the office of the Register of Deeds of Cherokee County.
The current property owners are Robert William Smith and wife, Judith Ann Smith.
The Substitute Trustee may, in the Substitute Trustee's sole discretion, delay the sale for up to one hour as provided in N.C. Gen. Stat. 45-21.23.
The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners' association assessments, not subordinate to the lien of the Deed of Trust being foreclosed, and superior liens and/or encumbrances of record against the property, unrecorded mechanics' and materialmen's liens, and any recorded releases.
The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS, AND WITH ALL FAULTS." Neither the Substitute 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 representatives of either the Substitute Trustee or the Holder of the Note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.
To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price.
A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee's Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee's 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 may remain liable on his bid as provided for in N.C. Gen. Stat. 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps, as well as the assessment fee of up to Five Hundred Dollars ($500.00) required by NCGS 7A-308(a)(1), and other costs of closing the sale.
If the 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 include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and/or reinstatement of the loan. If the validity of the sale is challenged by any party, the Substitute 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.
An order for possession of the property may be issued pursuant to N.C. Gen. Stat. 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.
In accordance with N.C. Gen. Stat. 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, including single-family residential real property, 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 herein, provided that the mortgagor/ grantor 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 the 4th day of October, 2019.
David G. Budd, II
Substitute Trustee
207 Hillside Street
Asheville, North Carolina 28801
Telephone: (828) 350-3814
(541458)

NOTICE TO CREDITORS
I, Lisa Stein Marrone, having qualified as the Executrix of the Estate of Carol Ann Flachofsky Day, deceased, Estate File number 19-E-231, of Cherokee County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the Estate of Carol Ann Flachofsky Day, to exhibit them to the undersigned attorney at the address below, on or before January 28, 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 15th day of October 2019.
LISA STEIN MARRONE,
Executrix
Marguerite E. Stricker
Attorney at Law
102 Hiwassee Street
Murphy, NC 28906
(541430)

NOTICE TO CREDITORS
I, Robert C. Lupo, having qualified as the Administrator of the Estate of Miriam Lupo Burden, deceased, Estate File number 19-E-192, of Cherokee County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the Estate of Miriam Lupo Burden, to exhibit them to the undersigned attorney at the address below, on or before January 28, 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 15th day of October 2019.
ROBERT C. LUPO,
Administrator
Marguerite E. Stricker
Attorney at Law
102 Hiwassee Street
Murphy, NC 28906
(541435)

NOTICE OF FORECLOSURE SALE,
19-SP-86
Cherokee County, NC
In the Matter of the Foreclosure of the Deed of Trust executed by Sheila A. Hedrick, Grantor, to Melchior B. Ellis, Trustee, dated October 6, 2010, and recorded on October 6, 2010, in Book 1396 at Page 395, of the Cherokee County Registry. See that North Carolina Substitution of Trustee dated August 6, 2019, which substitutes Martineau King, PLLC, as Substitute Trustee in place and instead of Melchior B. Ellis.
Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in payment of the secured debt and failure to perform the agreements contained therein and pursuant to demand of the holder of the secured debt, the undersigned will expose for sale at public auction the following described property situated in the County of Cherokee, North Carolina, in Murphy Township, and more particularly described as follows:
All that certain tract or parcel of land containing 1.07 acres, more or less, designated as Lot 11, Maltby Homesites, and a triangular parcel of land lying South of Lot 11, in Murphy Township, Cherokee County, North Carolina, and being more particularly described according to a Plat of Survey, dated September 11, 2010, prepared by Allen Surveying, Phillip G. Allen, PLS, #L-3081, entitled "Survey of Lot No. 11 of Maltby Homesites for Sheila Bettis", and from said plat of survey as follows:BEGINNING at a 1/2" re-bar set in the right-of-way margin of a cul-de-sac, corner common to Lot 10; thence running with the boundary common to Lot 10, N 58-59-22 E 277.71 feet to a 1" outside diameter pipe found in a fence line in the boundary of lands owned now or formerly by Farmer (Deed Book 1257, Page 335); thence leaving the boundary common to Lot 10 and running with the fence line and the boundary common to Farmer S 08-30-12 W 205.09 feet to a 1/2" re-bar found, corner common to lands owned now or formerly by Lane (Deed Book 1297, Page 184); thence leaving the boundary common to Farmer and continuing with the aforementioned fence line and the boundary common to Lane, S 19-02-45 W 120.10 feet to a 3/8" re-bar found, corner common to Lot 12; thence leaving the fence line and the boundary common to Lane and running with the boundary common to Lot 12, N 74-21-24 W 129.00 feet to a 1/2" rebar found, and N 74-21-24 W 123.27 feet to a 1" outside diameter iron pipe in the right-of-way margin of Holly Place Road (N.C.S.R. #1645); thence leaving the boundary common to Lot 12 and running with the right-of-way margin of Holly Place Road and the aforementioned cul-de-sac the following two (2) courses and distances: N 44-42-40 E 10.87 feet to a point and thence along a curve to the left having a radius of 65.00 feet, an arc length of 148.40 feet, and a chord bearing and distance of N 34-23-44 E 118.21 feet to a 1/2" re-bar set, the point and place of Beginning, containing 1.07 acres, more or less.
The above described property is that same property conveyed to the Grantor(s) by deed dated October 1, 2010 and recorded on October 1, 2010 in book 1396 at page 393, Cherokee County Registry.
The sale will be held on October 29, 2019, at 1:00 p.m., at the Cherokee County Courthouse, 75 Peachtree Street, Murphy, NC, 28906. The sale will be made to the highest bidder for cash. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX, AND THE COURT COSTS OF FORTY-FIVE CENTS (45 ) PER ONE HUNDRED DOLLARS ($100.00) PURSUANT TO N.C. Gen. Stat. 7A-308(a)(1). 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. If the required deposit is not made by any high bidder at such sale, the bid of such defaulting bidder shall be rejected and the property shall be immediately resold at public auction at the same time and place. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. 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 heirs and/or devisees of Sheila A. Hedrick. An Order for possession of the property may be issued pursuant to N.C. Gen. Stat. 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 upon 10 days' written notice to the landlord. 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. This the 16th day of October, 2019.
MARTINEAU KING PLLC,
Substitute Trustee,
Joseph W. Fulton,
PO Box 241268,
Charlotte, NC 28224,
Telephone: (704) 247-8520
(538426)

STATE OF NORTH
CAROLINA
COUNTY OF CHEROKEE
NOTICE
CHEROKEE COUNTY
A BODY POLITIC
Plaintiff vs.
WJ MINTZ
ALL HEIRS KNOWN AND UNKNOWN
Defendant(s)
Pursuant to the requirements of G.S. 105-375(c), notice is hereby given to:
WJ MINTZ
(Current Owners)
that a judgment of foreclosure will be docketed against the property described below on November 6, 2019.
That a certain parcel of property (550700208095000) designated as Real property, located on Boiling Springs Rd containing 29AC in Murphy 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
Delinquent/Foreclosure
Officer Cherokee County Tax Office
(540026)

NOTICE OF PUBLIC HEARING TOWN OF MURPHY
The Board of Commissioners of the Town of Murphy, North Carolina, hereby gives notice of a public hearing on changes in and amendments to the Subdivision Ordinance, Chapter 152 of the Code of Murphy, North Carolina, as recommended by the Planning Board of the Town of Murphy, North Carolina, to remove certain divisions of land from the requirements of the Subdivision Ordinance and to authorize the Subdivision Administrator of the Town of Murphy rather than the Board of Commissioners of the Town of Murphy to make final decisions on preliminary plats and final plats.
A public hearing on the proposed amendments to the Subdivision Ordinance, Chapter 152 of the Code of Murphy, North Carolina, will be held by the Board of Commissioners of the Town of Murphy, North Carolina, at 5:00 p.m. On Monday November 4, 2019, in the Annex to the Murphy Electric Power Board Building, 5 Wofford Street, Murphy, North Carolina.
All interest persons are invited and encouraged to attend.
This the 16th day of October, 2019
Chad Simons
Town Clerk
Town of Murphy
(540216)

NORTH CAROLINA
CHEROKEE COUNTY IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION BEFORE THE CLERK FILE NO. 19-E-217
CREDITOR'S NOTICE
In the Matter of the Estate of:
GRACE WARREN LUTHER AKA GRACE EILEEN LUTHER, deceased.
Having qualified as Executor of the Estate of GRACE WARREN LUTHER AKA GRACE EILEEN LUTHER, deceased, late of Chesterfield County, State of Virginia, this is to notify all persons having claims against the Estate of said deceased to present such claims to the undersigned at the Law Office of Charles W. McHan, Jr., Resident Process Agent, Attorney at Law, 84 Valley River Avenue, P.O. Drawer 463, Murphy, North Carolina 28906 on or before the 16th day of January, 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 16th day of October, 2019.
G. Montague Barnum
Executor of the Estate of
GRACE WARREN LUTHER AKA GRACE EILEEN LUTHER, deceased.
PO Box 2901
4200 N. Cresthill Court
Chester, VA 23831
Charles W. McHan, Jr.,
Attorney for the Estate
And Resident Process Agent
84 Valley River Ave.
P.O. Box 463
Murphy, North Carolina 28906
828-837-6393
(540016)