Legals

Legals

SUBSTITUTE TRUSTEE'SNOTICE OF FORECLOSURE SALE OF REAL PROPERTY
THIS ACTION BROUGHT PURSUANT TO THE POWER AND AUTHORITY contained within that certain Deed of Trust from Wesley J. Beavers and Caryn Beavers in the original amount of $124,000, payable to Bank of Hiawassee d/b/a/ Bank of Blairsville, dated 06/16/2006 and recorded on 07/05/2006 in Book 1238, at Page 0255, Cherokee County Registry, and under Deed of Trust from Wesley J. Beavers and Caryn Beavers in the original amount of $148,991.67, payable to Bank of Hiawassee d/b/a/ Bank of Blairsville, dated 04/06/2009 and recorded on 04/28/2009 in Book 1355, at Page 0245, Cherokee County Registry. 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 County of Cherokee, State of North Carolina, and being more particularly described in the heretofore referenced Deeds 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 June 3, 2019 at 3:00 PM
Address of Property:
1178 Glen Stalcup Road,
Murphy, N.C. 28906-2275
Present Record Owners: Wesley J Beavers and Caryn Beavers
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 day, 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 ofa rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
Posted:________________
Witness:________________
David A. Sawyer
Substitute Trustee
P.O. Box 1927
Bryson City, North Carolina 28713
828 488 2842
dasawyer13@msn.com
(508018)

Legals

Bear Paw Service District
Notice of Regular Scheduled Meeting
Notice is hereby given that the Regular Scheduled Meeting of the Bear Paw Service District shall occur at 9:00 a.m. on the 25th day of May 2019 at the Bear Paw Clubhouse located at 60 Village Rd. Murphy, NC 28906
(507902)

Legals

STATE OF NORTH
CAROLINA
COUNTY OF CHEROKEE
NOTICE
CHEROKEE COUNTY
A BODY POLITIC
Plaintiff
vs.
CARL H HICKEY (D)
CAMMIE CROFT HICKEY
ALL HEIRS KNOWN AND UNKNOWN
Defendant(s)
Pursuant to the requirements of G.S. 105-375(c), notice is hereby given to:
CARL H HICKEY (D) HEIRS
CAMMIE CROFT HICKEY (Current Owners)
that a judgment of foreclosure will be docketed against the property described below on June 10, 2019.
That a certain parcel of property (451400659218000) designated as Real property, located at 1551 East Pine Ridge Rd containing 12 AC in Shoal Creek 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
(509650)

Legals

NOTICE OF FORECLOSURE SALE
19 SP 30
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Hal Osthoff, Audrey D. Morgan and Ricky Eugene Morgan, (Hal Osthoff, deceased) (PRESENT RECORD OWNER(S): Audrey D. Morgan and Hal Osthoff) to National Title Network, Trustee(s), dated the 29th day of July, 2011, and recorded in Book 01417, Page 0210, 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 June 6, 2019 and will sell to the highest bidder for cash the following real estate situated in the County of Cherokee, North Carolina, and being more particularly described as follows:
The land referred to herein below is situated in the County of Cherokee, State of North Carolina., and is described as follows:
All that certain tract or parcel of land containing 1.28 acres, more or less, located in Notla Township, Cherokee County, North Carolina, and being further described according to a plat of survey by Allen Surveying, Phillip G. Allen, P.L.S., #L-3081, dated August, 2007, and being further described as follows:
Beginning at a 36 feet diameter black oak, being a point in common with lands owned now or formerly by Stiles (Deed Book 604 Page 22);
Thence running with Stiles North 17 degrees 15 minutes 00 seconds West 538.08 feet along an old wire fence found to a nail set in the center line of Panther Top Road NCSR 1303;
Thence running with the centerline of said road North 77 degrees 05 minutes 52 seconds East 42.37 feet, North 70 degrees 50 minutes 16 seconds East 33.90 feet, and North 65 degrees 45 minutes 46 seconds East 31.85 feet;
Thence turning and running with lands owned now or formerly by Frizzell and Graham (Deed Book 743, Page 5) South 15 degrees 45 minutes 00 second East 577.78 feet to an iron pin set (1/2 feet re-bar);
Thence running with Stiles (Deed Book 604, Page 22) North 85 degrees 05 minutes 32 seconds West 100.00 feet to the point and place of beginning, containing 1.28 acres, more or less. Should there be any discrepancy between the aforementioned survey plat and the metes and bounds description above, the Survey plat shall prevail. Together with improvements located thereon; said property being located at 760 Panther Top Road, Murphy, North Carolina.??Parcel ID: 456100314866??Commonly known as 760 Panther Top Road, Murphy, NC 28906?However, by showing this address no additional coverage is provided.
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
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslaw
firm.com
Case No: 1269194 (FC.FAY)
(509647)

Legals

NOTICE OF FORECLOSURE SALE
19 SP 32
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Jennifer A. R. LaFary (PRESENT RECORD OWNER(S): Jennifer A. LaFary) to Tom Wood, Trustee(s), dated the 14th day of August, 2017, and recorded in Book 01566, Page 0940, 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 June 6, 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:
Lot 5 of the Robin Wayne Berg and William Lee Berg division of Lots 84, 86 and 87 of Puett Cove Subdivision, Valleytown Township, Cherokee County, North Carolina, being more particularly described as follows:
BEGINNING at a re-bar, a corner common with Lot 85, Puett Cove Subdivision, owned, now or formerly, by Chase (Deed Book 1097, Page 263) and runs thence with the boundary line common with Lot 85 the following courses and distances: S. 79-21-33 E. 192.31 feet to a re-bar in the centerline of a creek; S. 63-57-05 E. 67.59 feet to a re-bar, and S. 56-23-59 E. 139.93 feet to a re-bar; thence leaving the boundary line common with Lot 85, S. 60-01-41 W. 531.93 feet to a point, a corner common with Lot 4 of the Robin Wayne Berg and William Lee Berg Division of Lots 84, 86, and 87, Puett Cove Subdivision; thence running with the boundary line common with Lot 4 the following courses and distances; N. 12-13-29 W. 276.15 feet to a point; N. 52-01-46 E. 51.94 feet to a point; N. 83-40-07 W. 21.08 feet to a point; N. 62-32-08 W. 34.83 feet to a re-bar; N. 27-55-45 W. 22.07 feet to a point in the centerline of a 20-foot right-of-way; and N. 27-55-45 E. 145.79 feet to a point in the centerline of a creek; thence leaving the boundary common with Lot 4 and with the centerline of said creek the following courses and distances; N. 89-11-38 E. 46.35 feet to a point; and N. 89-11-39 E. 36.34 feet to a point; thence leaving the centerline of said creek, N. 25-45-14 E. 104.56 feet to a point in the west margin of a 20-foot right-of-way and N. 05-27-35 E. 26.62 feet to a point in the centerline of a 20 foot right-of-way; thence with the centerline of said 20-right-of-way the following courses and distances; N. 07-27-44 E. 24.74 feet to a point; N. 15-44-23 W. 10.94 feet to a point; and N. 41-36-03 W. 12.17 feet to the point of intersection of the centerline of said 20-foot right-of-way and the south margin of a 40-foot right-of-way; thence running within said 40-foot right-of-way the following courses and distances; N. 74-57-33 W. 15.25 feet to a point; S. 51-44-27 W. 16.77 feet to a point; and S. 80-05-13 W. 62.19 feet to a point in the centerline of said 40-foot right-of-way; thence with the centerline of said 40-foot right-of-way, N. 72-29-00 E. 113.60 feet to a point; thence leaving the centerline of said 40-foot right-of-way, S. 43-49-23 E. 32.52 feet to a re-bar, S. 62-09-21 E. 90.44 feet to a re-bar and S. 00-27-14 E. 185.52 feet to a re-bar, a corner common with Lot 85, Puett Cove Subdivision, being the point and place of BEGINNING, containing 3.69 acres, more or less. Together with improvements located thereon; said property being located at 225 Rice Lane, Marble, North Carolina.
Donald L. Cordell, North Carolina Professional Land Surveyor # L-3037, performed and actual survey of said land and drew a plat from said survey entitled "Robin Wayne Berg, William Lee Berg, Division of Lots 84, 86 and 87, Puett Cove Subdivision," dated April 12, 2005, and revised October 3, 2006, reference to which plat of survey is hereby made for greater certainty of description of said land and the adjoining properties.
THIS PROPERTY IS CONVEYED ALONG WITH AND SUBJECT TO a perpetual, non-exclusive right-of-way and easement being 40 feet wide, over and along the access road running along a portion of the north property line of the herein above-described parcel, to intersection with the main subdivision roads known as Laurel Drive and Puett Cove and enlarging thence to 60 feet wide and extending through Puett Cove Estates to the intersection with N.C. Secondary Road, #1519, and State Highway #141, for purposes of ingress, egress, regress, and utility lines. Said easement includes 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 PROPERTY IS CONVEYED SUBJECT TO a non-exclusive, perpetual right-of-way and easement situate in the northern portion of the herein-described tract in favor of adjoining Lot 4, having a width of 20 feet, 10 feet on each side of the centerline thereof, for the purposes of ingress, egress, regress, and utilities, as shown on the plat.
THIS PROPERTY IS CONVEYED SUBJECT TO all roadway and utility easements of record.
THIS PROPERTY IS CONVEYED SUBJECT TO those certain covenants, restrictions and conditions governing Puett Cove Estates, contained in certain instruments recorded in Deed Book 538, Page 145, amended in Deed Book 577, Page 21 and Deed Book 611, Page 100, Cherokee County, North Carolina Registry.
By the acceptance and recordation of this Deed the Grantees agree to pay road maintenance fees in the amount of $100.00 per year for an unimproved lot, the amount of $200.00 per year for a lot with a house constructed thereon and community well (water) fees in the amount of $180.00 per year.
ALSO HEREIN CONVEYED IS a 1/7 undivided interest in and to the well, as conveyed in Deed Book 1305, Page 297, Cherokee County Registry.
FOR SOURCE OF title reference Deed Book 1259, Page 106, in the office of the Register of Deeds of Cherokee County, North Carolina.
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
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslaw
firm.com
Case No: 1269112 (FC.FAY)
(509637)

Legals

NOTICE OF SERVICE OF PROCESS BY PUBLICATION
STATE OF NORTH
CAROLINA
MCDOWELL COUNTY
19-CVD-6
Defendant, Crystal Johnson
Take notice that a summons for Absolute Divorce and Equitable Distribution is served upon you by publication seeking relief against you, it has been filed in McDowell County District Court, in the above entitled action.
You are required to make defense to such pleading no later than June 16, 2019, upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This, the 22th day of May, 2019
Tiffany D. Morgan
Attorney for Plaintiff
The Morgan Law Firm, PLLC
28 South Main Street
Marion, NC 28752
NC Bar # 39935
(508015)

The Cherokee Scout

Mailing Address:
89 Sycamore St. 

Murphy, NC 28906
Phone: 828-837-5122
Fax: 828-837-5832