Legals

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 OF DISCHARGED OF UNTREATED SEWAGE
The Town of Murphy had discharges of untreated wastewater from our wastewater collection system at the manhole located behind the U.S. Forest Service Offices at 123 Woodland Drive, and at two manholes located along the Murphy River Walk, below Thomas Street, in downtown Murphy. The discharges occurred on February 6, 2020 and lasted for approximately 10 hours. The untreated wastewater entered into the Hiwassee and Valley Rivers. The Town is estimating 350,000 gallons discharged into the Valley River, and 550,000 gallons discharged into the Hiwassee River. The discharges occurred due to severe flooding, causing storm water to enter the Town's sewer system. From February 5-6, Tennessee Valley Authority recorded 4.15 inches of rainfall in Murphy. The Town is developing measures to mitigate similar problems in the future. This notice is required by North Carolina General Statutes Article 21 Chapter 143.215.C.
This is the 12th day of February, 2020.
Chad Simons,
Town Manager,
at 828-837-2510, ext. 4.
(562303)

The Town of Murphy will hold a Public Hearing on Monday, February 24th at 9 a.m. at Town Hall, 5 Wofford Street, Murphy, NC. The purpose of this public hearing is to receive input regarding a Project Amendment to the Town's Community Development Block Grant (CDBG) Regal Street Water and Sewer System Improvements, grant number 16-I-2921.
The Town of Murphy submitted and received funding for a grant of $2,000,000.00 in CDBG Infrastructure. The Town is amending the Project and Project Budget to include sewer improvements on Regal Street which was in the original project for the CDBG funding. The project will benefit the same 91.30% LMI residents on Regal Street as the original project.
Citizens will be given the opportunity to provide oral and written comment at the public hearing. All interested citizens are encouraged to attend.
If additional information is needed, please contact the Town Manager at Town Hall, 5 Wofford Street, Murphy, NC 28906. Formal written complaints or comments concerning the amendment that are submitted to the Town prior to or following the public hearing will be responded to within ten working days by the Town Manager.
Persons with disabilities or who otherwise need assistance should contact the Town Manager, 5 Wofford Street, Murphy, NC 28906 or by phone at (828) 837-2510 or manager@townofmurphy
nc.com, by Wednesday, Feb 19. Accommodations will be made for all who request assistance with participating in the public hearing.
This information is available in Spanish or any other language upon request. Please contact the Town Manager at 5 Wofford Street, Murphy, NC 28906 or by phone at (828) 837-2510 or town_of_murphy
@frontier.com for accommodations to this request. The Town of Murphy is an Equal Opportunity / Affirmative Action Employer. (561931)

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)

NOTICE TO CREDITORS
I, Douglas Andrew Nichols, having qualified as the Executor of the Estate of Brenda Cherylene Nichols, deceased, Estate File number 20-E-5, of Cherokee County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the Estate of Brenda Cherylene Nichols, to exhibit them to the undersigned attorney at the address below, on or before May 10th, 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 31st day of January, 2020.
DOUGLAS ANDREW NICHOLS, Executor
Larry G. Simonds, Jr.
Attorney at Law
102 Hiwassee Street
Murphy, NC 28906
(560866)

NOTICE TO CREDITORS OF DONALD ALBERT BODLEY
Having qualified as Executor of the Estate of Donald Albert Bodley, 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 on or before 12 May 2020, or this Notice will be pleaded in bar of their recovery. Gerald R. Collins, Jr. PO Box 740 Murphy, NC 28906.
All persons indebted to said decedent will please make immediate payment.
This the 28th day of January, 2020.
Ivan Peter Bodley
11215 72nd Road Apt. 105
Forest Hills, New York
11375
(560333)

NOTICE TO CREDITORS
I, Ronald D. Wilcox, having qualified as the Executor of the Estate of Ernest W. Wilcox, deceased, Estate File number 18-E-184, of Cherokee County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the Estate of Ernest W. Wilcox, to exhibit them to the undersigned attorney at the address below, on or before May 10th, 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 31st day of January, 2020.
RONDALD D. WILCOX,
Executor
Marguerite E. Stricker
Attorney at Law
102 Hiwassee Street
Murphy, NC 28906
(560870)

NOTICE TO CREDITORS OF
LOIS ANN RYAN
Having qualified as Ancillary Executrix of the Estate of Lois Ann Ryan, deceased, late of Gwinnett County, State of Georgia, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned at the following address: c/o Mitchell K. Brewer, P.O. Box 596, Murphy, NC, 28906 on or before the 5th 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 5th day of February, 2020.
Margaret C. Gibson,
Ancillary Executrix of the
Estate of Lois Ann Ryan
Mitchell K. Brewer
Attorney for the Estate
Mitchell K. Brewer, PLLC
P.O. Box 596
Murphy, NC 28906
(828) 837-2178
(560871)

NOTICE TO CREDITORS
I, Mark Duane Watkins, having qualified as the Administrator of the Estate of Louise Bettis Watkins, deceased, Estate File number 20-E-20, of Cherokee County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the Estate of Louise Bettis Watkins, to exhibit them to the undersigned attorney at the address below, on or before May 10th, 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 31st day of January, 2020.
MARK DUANE WATKINS, Administrator
Marguerite E. Stricker
Attorney at Law
102 Hiwassee Street
Murphy, NC 28906
(560868)