Legals

Legals
NEWCOMER ...

NORTH CAROLINA
CHEROKEE COUNTY
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION
JUVENILE SECTION
FILE NO. 15-JT-49
NOTICE OF SERVICE OF PROCESS BY PUBLICATION
In Re: NEWCOMER
(DOB: 12-03-2010).
To: Brittany Leigh Sturkie,
13 Blumenthal Street,
Murphy, NC,
Respondent Mother
TAKE NOTICE that a Petition pursuant to Article 11, Chapter 7B of the North Carolina General Statutes and, specifically pursuant to North Carolina General Statute 7B-1104, seeking relief against each of you has been filed in the above-entitled juvenile proceeding by the Cherokee County Department of Social Services. The nature of the relief being sought is the termination of your parental rights with regard to the juvenile in the above-captioned matter set forth in North Carolina General Statute 7B-1112. The juvenile was born on December 3, 2010 in Buncombe County, North Carolina. The Petition was filed on January 20, 2017.
You are required to make defense to such pleadings not later than March 21, 2017, said date being 40 days from the first publication of this notice. Upon your failure to do so the party seeking service against you will apply to the Court for the relief sought in the aforementioned Petitions. If you do not file a written answer to the Petition by March 21, 2017, the Court may terminate your parental rights.
The Court will conduct a hearing to determine whether one or more grounds alleged in the Petition for terminating your parental rights exist. If the Court finds that one or more grounds exist, the Court will proceed at that hearing or a later hearing to determine whether parental rights should be terminated. Notice of the date, time and location of the hearing will be mailed to you by the Clerk of Superior Court after you file an answer or thirty (30) days from the date of service if you do not file an answer.
You have the right to be represented by a lawyer in this case. If you want a lawyer and cannot afford one, the Court will appoint a lawyer for you. You may contact the Clerk of Superior Court immediately to ask for a Court-appointed lawyer. If you are represented by a lawyer appointed previously in an abuse, neglect or dependency case, that lawyer will continue to represent you unless the Court orders otherwise. A lawyer has been temporarily assigned to represent you in this case. You are encouraged to contact immediately the Clerk of Superior Court to learn the lawyer who has been temporarily assigned to represent you. At the first hearing, the Court will determine whether you qualify for a court-appointed lawyer. If you do not qualify, the lawyer now assigned to represent you will be released. This is a new case, and any lawyer appointed to represent you in another case will not represent you in this case unless the Court appoints that person again. You may contact the Clerk of Superior Court in writing at the following address: Clerk of Superior Court; Cherokee County Courthouse; 75 Peachtree Street; Murphy, North Carolina 28906. You may contact the Clerk of Superior Court by telephone by calling the following number: 1-828-835-7766.
You are entitled to attend any hearing affecting your parental rights. If you provide your address to the Clerk of Superior Court, the Clerk will mail you notice of date, time and location of any hearing conducted in the above-captioned matter.
This the 3rd day of February, 2017.
R. Scott Lindsay
Attorney for the Cherokee County Department of
Social Services
4800 US Hwy 64 West
Murphy, North Carolina 28906
Telephone No:
(828) 837-7455;
Fax No: (828) 837-4152
(317532)

Legals
DAVID/CYNTHIA PHILLIPS ...

AMENDED NOTICE OF FORECLOSURE SALE
15 SP 38
Under and by virtue of the power of sale contained in a certain Deed of Trust made by David R. Phillips and Cynthia A. Phillips, (Cynthia A. Phillips, deceased) to John C. Warren, Trustee(s), dated the 2nd day of June, 2006, and recorded in Book 1232, Page 404, and Modification in Book 01428, Page 0924, 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 March 2, 2017 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:
Lying and being in Valleytown Township, Cherokee County, North Carolina, and being more particularly described as follows:??BEING that certain tract or parcel of land containing 1.11 acres, more or less, as shown on that plat of survey entitled, "David R. and Cynthia A. Phillips Property," drawn by Kenneth R. Moore, PLS L-2739, dated May 15, 2006, which said plat is duly recorded in the Office of the Register of Deeds for Cherokee County, North Carolina, in Plat Cabinet F at Slide 10A, to which reference is hereby made for a more particular description of said property. Together with improvements located thereon; said property being located at 2155 Pisgah Road, Andrews, North Carolina.
Subject to North Carolina Secondary Road 1507 to its full legal width.
For source of title see Book 1102 at Page 669, Cherokee County Registry.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS 45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS 7A-308(a)(1).
The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS." Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.
If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property
An order for possession of the property may be issued pursuant to N.C.G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.
Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of foreclosure sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days but not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslaw
firm.com
Case No: 1154754 (FC.FAY)
(319228)

Legals
IN THE COURT OF GENERAL S ...

IN THE COURT OF GENERAL SESSIONS FOR POLK COUNTY, TENNESSEE
Docket No. 16-CV-219
Hideaway Falls HOA vs. Thomas & Tess Nickolson
Notice of Service of Process by Publication
To: Thomas & Tess
Nickolson
638 Timberwood Hills Rd.
Murphy, NC 28906
Take Notice that a pleading seeking relief against you has been filed in the above civil action. The nature of the relief being sought against you is as follows:
Non payment of road maintenance fees for years 2012 - 2017 totaling $1740.00 plus court costs and legal fees.
A written answer to the complaint must be filed with the Clerk of Courts of Polk County, P.O. Box 256, Benton, Tennessee 37307 within 30 days of the first publication of this Notice. Failure to do so may result in the Plaintiff, Hideaway Falls HOA receiving the relief they seek.
This 15th day of February, 2017
Kim Westcott, Secretary
Hideaway Falls HOA
P.O. Box 745
Copperhill, TN 37317
(318497)

Legals
EDISON ROBERTS 16 SP 111 ...

16 SP 111
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 Edison E. Roberts and Jo Anne Roberts to F. Blair Williams, Trustee(s), which was dated March 5, 2010 and recorded on March 17, 2010 in Book 01381 at Page 0474, 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 March 8, 2017 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in Cherokee County, North Carolina, to wit:
ALL that certain tract or parcel of land containing 3.15 acres, more or less, designated Tract 4 of what is known as Simpson's Mountain property, a part of Tract 116, Grant 1718, District 4, Hothouse Township, Cherokee County, North Carolina, and being more particularly described according to a plat of survey by William G. Davis and Associates. R.L.S., dated July, 1978, filed in Cabinet A, Slide 117, Office of the Register of Deeds of Cherokee County, North Carolina, the metes and bounds description being as follows:
BEGINNING on a stake, the southeast corner of Tract 4 and the northeast corner of Tract 3, and being in the western boundary line of the Carl Henson property and runs thence with a line common to Henson, N 16-30 W 14.5 feet, N 11-37 W 300.00 feet and N 0-55 W 84.00 feet to a stake, the northeast corner of Tract 4 and the southeast corner of Tract 5; thence with a line common to Tract 5 crossing Holly Valley Branch, N 85-25 W 330.2 feet to a point in the centerline of an existing subdivision access road, the northwest corner of Tract 4, the southwest corner of Tract 5, the easternmost corner of Tract 17 and the northeast corner of Tract 18; thence with the meanders of the centerline of the aforesaid subdivision access road and a line common to Tract 18, S 02-00 W 205.5 feet, S 02-20 E 183.00 feet to a point in said road centerline, the southeast corner of Tract 18, the northeast corner of Tract 19, the northwest corner of Tract 3 and the southwest corner of Tract 4; thence leaving said subdivision access road and crossing Holly Valley Branch, S 85-47 E 401 64 fee to the BEGINNING.
ALSO HEREIN CONVEYED is a non-exclusive, perpetual right-of-way and easement over and across Holly Valley Road, an existing subdivision access road, and extending therefrom through the subdivision to provide vehicular ingress, egress and regress to N.C.S.R. #1112.
EXCEPTING AND RESERVING from this is a non-exclusive, perpetual right-of-way and easement over and across all existing subdivision access roads extending through the remaining appurtenant lands of Grantors to provide vehicular ingress and egress and regress to the remaining subdivision lots of Grantors.
All lots shall be used for residential purposes only and shall be restricted to permanent, one family structures.
Once construction has begun the exterior must be completed within one year.
No basement, tent, incomplete structure, bus, barn or other out-buildings shall be placed or erected or allowed to remain upon any lot and used as a residence
No automobile or other motorized vehicle, which is not currently licensed and operative shall be allowed to remain on any lot.
No mobile home more than three (3) years old and in good condition shall be placed on any lot and same shall be enclosed or skirted on all four sides
a. All residences must have a septic tank of adequate capacity and a sewage disposal system in accordance with the North Carolina State Board of Health. All sewage from the premises shall be continuously maintained in a proper state of sanitation; the affluent from such septic tank shall not be permitted to discharge into any stream, open ditch, or drain unless it has firth been passed through an absorption field approved by the public health authority.
b. A right of way of 40 feet in width is reserved for installation of electric power lines on all lots
c. A 22 ft right of way is reserved for for all existing roads in property and shall be maintained by the Purchasers
d. All lots have spring rights to the nearest usable spring have the right to build a holding tank below the spring and the right of access to maintain the tank, water and electric lines.
Title Insurer First American Title Insurance Company
BEING all and the same lot of ground which by indenture dated August 19, 1983, and recorded among the Land Records of Cherokee County, North Carolina in Liber 469, folio 223, was granted and conveyed by Max L. Simpson and wife, Dorothy E. Simpson and Grant L. Simpson and wif unto Edison E. Roberts, and wife, and Jo Anne Roberts.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 1666 Orton Road, 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 All Lawful Heirs of Edison E. Roberts.
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.: 16-14794-FC01
(320842)

Legals
SHIPLEY 16 SP 78 ...

LEGAL NOTICE OF ASSOCIATION'S FORECLOSURE SALE OF REAL PROPERY
16-SP-78
Under and by virtue of the power of sale and authority contained within the North Carolina Planned Community Act, N.C.G.S Section 47F, and that certain Claim of Lien dated January 21, 2016, and filed with the Cherokee County Clerk of Court, and because of default having been made in the payment of the indebtedness to the Brasstown Heights Homeowners Association, Inc. ("the Association"), and pursuant to the demand of the Association, Ron L. Cowart, Trustee for the Association, will expose for sale at public auction to the highest bidder for cash the property therein described, to wit: BEING 0.81 acres, more or less, designated as Lot #2, Brasstown Heights, Ritz Section, in Murphy Township, Cherokee County, North Carolina as shown on the plat of survey dated November 19, 2001 by Donald L. Cordell, PLS of Cordell Land Surveying entitled "Brasstown Heights, Ritz Section" and from said plat of survey being more particularly described as follows:
BEGINNING at a point in the centerline of a sixty (60) foot wide right of way and subdivision access road, said point being the southeastern most corner of the property herein conveyed; thence following the centerline of said sixty (60) foot wide right of way and subdivision access road S69-42-00W 21.42 feet, S69-08-00W 42.59 feet, S71-12-00W 41.08 feet and S59-16-00W 41.32 feet to a corner common to Lot #3; thence leaving the centerline of said sixty (60) foot wide right of way and subdivision access road and following a boundary line common with Lot #3 N17-45-14W 27.89 feet to a 1/2 inch rebar set, N09-49-16W 87.73 feet to a 1/2 inch rebar set and N09-49-16W 126.66 feet to a point in the centerline of a thirty (30) foot wide right of way and subdivision access road; thence following the centerline of said thirty (30) foot wide right of way and subdivision access road N76-49-16E 81.51 feet to a 1/2 inch rebar set; thence leaving the centerline of said thirty (30) foot wide right of way and subdivision access road N62-19-51E 80.47 feet to a 1/2 inch rebar set and corner common with Lot #1; thence following a boundary line common with Lot #1 S06-54-59E 165.63 feet to a 1/2 inch rebar set, S06-54-59E 50.97 feet to a 1/2 inch rebar set and S06-55-00E 21.94 feet to the point and place of BEGINNING containing 0.81 acres, more or less.
SUBJECT TO those certain Covenants, Restrictions, Conditions, Easements and Agreements governing Brasstown Heights Subdivision as recorded in Deed Book 909, Page 126, Cherokee County, North Carolina Registry.
SUBJECT TO those certain rights of way and easements for purposes of ingress, egress, regress and utilities as recorded in Deed Book 670, Page 133, Deed Book 889, Page 71 and Deed Book 889, Page 72, Cherokee County, North Carolina Registry, and any and all other easements and rights of way existing by deed, prescription, or otherwise providing access from the property herein conveyed to the State maintained road.
SUBJECT TO the right of Grantees, their heirs and assigns, in common with all other persons who may hereafter have the like right, to install, erect or maintain a live stock gap as conveyed in Deed Book 670, Page 133, Cherokee County, North Carolina Registry.
THIS CONVEYANCE IS MADE TOGETHER WITH AND SUBJECT TO non-exclusive, perpetual right-of-way and easement, thirty (30) feet in width over and across the existing road which forms a portion of the eastern boundary line of the herein described property for the purposes of ingress, egress, regress, and utilities thereon from the above described property to the State Road, all is depicted on the aforementioned plat of survey.
THIS CONVEYANCE IS MADE TOGETHER WITH AND SUBJECT TO a non-exclusive, perpetual right-of-way and easement sixty (60) feet in width over and across the existing road which forms the eastern boundary line of the herein described property for the purposes of ingress, egress, regress, and utilities thereon from the above described property to the State Road, all is depicted on the aforementioned plat of survey. The present record owner is Lester Courtney Shipley and Kelly R. Shipley, Trustees under the Shipley Family Trust dated May 3, 2000. For source of title see Deed Book 963 Page 689 in the Cherokee County Registry, located at Murphy, North Carolina, for source of title. The terms of said sale are that the real property hereinbefore described will be sold for cash to the highest bidder and that the undersigned may require the successful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Trustee tenders to the bidder a Deed for the property, or attempts to tender a Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable as provided in N.C.G.S. Section 45-21.30(d) and (e). The Association may make a credit bid. The real property described heretofore will be sold subject to any and all superior liens, including taxes, special assessments, right-of-ways, and restrictions of record. The property, together with all buildings, fixtures and improvements thereon, is being sold "as is, where is" without warranty.
The Trustee reserves the right to withdraw this Notice of Sale, without cause, until the date and time of final transfer of property. The sale will be held open for ten (10) days for upset bids as by law required. Date and hour of the sale; March 22, 2017 at 2:00 p.m. Place of sale: Cherokee County Courthouse Steps, Murphy, North Carolina. This the 23rd day of February, 2017.
Ron L. Cowart, Trustee
Brasstown Heights Homeowners Association, Inc.
c/o The Law Offices of
Ron L. Cowart
16 Lois Lane
Hayesville, NC 28904
(320759)

Legals
REGULAR MEETING ...

Bear Paw Service District
Notice of Regular Scheduled Meeting
Notice is hereby given that the Regular Scheduled Meeting of the Bear Paw Service District Board of Directors shall occur at 9:00 am on the 4th day of March, 2017 at the Bear Paw Clubhouse located at 60 Village Rd. Murphy, NC 28906. (320833)