Legals

Legals

NOITCE OF PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA CHEROKEE COUNTY
IN THE DISTRICT COURT
CHAD MCMILLAN, REBECCA MCMILLAN, NATHAN MCMILLAN AND ALLISON MCMILLAN VS CARMEN LESHAUN HENDERSON (FILE NO: 19-CVD-49)
TO: CARMEN LESHAUN HENDERSON
Take notice that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is: monetary damages for injuries received in a car wreck caused by your negligence.
You are required to make defense to such pleading not later than Thursday April 18, 2019 and upon your failure to do so the parties seeking service against you will apply to the Court for the relief sought.
This the 6th day of March, 2019.
Zeyland G. McKinney, Jr.
Attorney for Chad McMillan, Rebecca McMillan, Allison McMillan and Nathan
McMillan
135 Peachtree Street Suite 2
Murphy, NC 28906
Phone: (828)-837-9973
Fax: (828)-835-9947
(492823)

Legals

STATE OF NORTH
CAROLINA
COUNTY OF CHEROKEE
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION BEFORE THE CLERK
FILE NO. 19-SP-01
NOTICE OF SALE
IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF:
TRUDY M. HOLCOMB,
and unknown spouse, of
TRUDY M. HOLCOMB,
if any,
Grantors,
TO:
R. Scott Lindsay,
Substitute Trustee
As said Deed of Trust recorded in Book 1519, Page 931,
in the Office of the Register of Deeds for Cherokee County,
North Carolina;
PLEASE TAKE NOTICE that under and by virtue of the power and authority specified in that certain deed of trust dated September 11, 2015 from Barry O. Tyler and Trudy M. Holcomb to R. Scott Lindsay, Substitute Trustee for Larry Allen and wife, Angela M. Allen, beneficiaries and filed for record on September 11, 2015 in Book 1519, Page 931, Cherokee County, NC Registry, reference to which is made hereby for incorporation herein; and under and by virtue of the authority vested in the Trustee, default in payment of the indebtedness secured thereby and for failure to carry out or perform the stipulations and agreements contained in said deed of trust; and, pursuant to the demand of the owner and holder of the indebtedness secured by said deed of trust to foreclose the deed of trust for the purpose of satisfying said indebtedness;
AND, pursuant to the Order Allowing Foreclosure of the Clerk of Superior Court of Cherokee County, North Carolina entered in this foreclosure proceeding on February 6, 2019, the Substitute Trustee will offer for sale at public sale on Monday, March 25, 2019, at 11:00 o'clock a.m. on the steps of the Cherokee County Courthouse in Murphy, North Carolina, the following described real property (including improvements, if any, situate thereon);
All that certain tract or parcel of land containing 1.16 acres, more or less, in Valleytown Township, Cherokee County, North Carolina, and being more particularly described according to a plat of survey by Phillip G. Allen, PLS, No. L-3081, dated July 20, 2015 entitled, "Survey of 619 Coalville Road, Andrews, North Carolina, for Larry Allen and wife, Angela Allen" and from said plat described in Schedule "A" attached hereto and incorporated by reference herein as if fully copied verbatim herein.
This property will be sold by the Substitute Trustee subject to any and all prior liens, unpaid taxes, restrictions, easements of record, any and all release deeds of record and assessments, if any, existing at the sale date.
The record owner of the above-described real property as reflected on the records of the Register of Deeds of Cherokee County, North Carolina not more than 10 days prior to the posting and filing of this Notice on the bulletin board in the Cherokee County Courthouse is Trudy M. Holcomb.
Pursuant to North Carolina General Statutes 45-21.10(b), and the terms of the deed of trust, the highest bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit (cashier's or certified check acceptable) not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00).
The highest bidder at the sale shall be required to tender to the Trustee the full balance of purchase price as bid in cash (cashier's or certified check acceptable) at the time when the Trustee tenders or attempts to tender to such person a Trustee's Deed conveying the Trustee's title in the premises. In the event that the highest bidder should fail or neglect to pay the full balance of the purchase price as bid at that time of tender or attempted tender of the Trustee's Deed, this person shall remain liable on his bid as provided in North Carolina General Statute 45-21.30(d) and (e).
This sale will be held open for ten (10) days for filing of upset bids as required by law.
The property will be sold "as is, where is".
The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interest in the property subordinate to the Deed of Trust.
Additional Notice Where the Real Property is Residential with Less than 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 11, 2019, 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.
This the 6th day of February, 2019.
R. Scott Lindsay,
Substitute Trustee
84 Valley River Avenue
Murphy, North Carolina 28906
Telephone: (828) 837-2921
Fax: (828) 837-2707
SCHEDULE "A"
That certain tract or parcel of land containing 1.16 acres, more or less, Valleytown Township, Cherokee County, North Carolina, as shown on plat of survey by Phillip G. Allen, North Carolina Professional Land Surveyor No. L-3081, dated July 20, 2015, entitled "Survey of 619 Coalville Road, Andrews, North Carolina, for Larry Allen and wife, Angela Allen" and from said plat of survey being more particularly described as follows:
BEGINNING at a point in the centerline of N.C.S.R. 1381 (Coalville Road), boundary common to land owned now or formerly by Allen (Book 1386, Page 301) and land owned now or formerly by Holland (Book 624, Page 113), the northeastemmost point of the tract; thence running with the boundary common to Holland the following two (2) courses and distances: S 01-19-51 W 31.21 feet to a re-bar found and S 01-19-51 W 109.86 feet to a re-bar found (disturbed), comer common to land owned now or formerly by Davis (Book 611, Page 140); thence leaving the boundary common to Davis and running with the boundary common to West N 10-27-07 W 145.74 feet to a nail found in the centerline of N.C.S.R. 1381 (Coalville Road) and a branch, boundary common to Allen; thence leaving the boundary common to West and running with the centerline of N.C.S.R. 1381 (Coalville Road) and with the boundary common to Allen the following six (6) courses and distances: N 87-30-59 E 57.62 feet, S 89-27-10 E 65.86 feet, S 83-38-39 E 58.74 feet, S 77-55-47 E 70.00 feet, S 72-52-19 E 57.19 feet and S 67-09-21 E 38.77 feet to the point and place of BEGINNING, containing 1.16 acres, more or less.
INCLUDING a right to use water from the South spring of Sidney Allen, and the right of ingress, egress and regress, through, over and across the lands of Sidney Allen by the nearest route, to said spring.
THIS PROPERTY IS CONVEYED SUBJECT TO the right of way and easement for in favor of the North Carolina Department of Transportation, as recorded in Deed Book 1411, Page 581, Cherokee County Registry.
THIS PROPERTY IS CONVEYED SUBJECT TO the right of way and easement in favor of Nantahala Power &Light Company, as recorded in Deed Book 230, Page 223, and Deed Book 497, Page 139, Cherokee County Registry.
THIS PROPERTY IS CONVEYED SUBJECT TO the right of way and easement for access and spring rights, as granted to Allen in Deed Book 262, Page 35, Cherokee County Registry.
THIS PROPERTY IS CONVEYED SUBJECT TO the terms and conditions of the easement recorded in Deed Book 448, Page 138, Cherokee County Registry.
BEING THE REMAINING LANDS DESCRIBED IN Deed Book 1386, Page 303, Cherokee County Registry. (494155)

Legals

STATE OF NORTH
CAROLINA
COUNTY OF CHEROKEE
NOTICE
CHEROKEE COUNTY
A BODY POLITIC
Plaintiff vs.
WILLIAM MAX MCAFEE (D)
BETTY JEAN MCAFEE
ALL HEIRS KNOWN AND UNKNOWN
Defendant(s)
Pursuant to the requirements of G.S. 105-375(c), notice is hereby given to:
WILLIAM MAX MCAFEE (D)
BETTY JEAN MCAFEE
(Current Owners)
that a judgment of foreclosure will be docketed against the property described below on March 26, 2019.
That a certain parcel of property (453002978113000) designated as Real property, located at 142 Tilson Rd containing 2 AC in Hothouse 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
(494373)

Legals

STATE OF NORTH
CAROLINA
COUNTY OF CHEROKEE
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. 19 CVD 125
NOTICE OF SERVICE OF PROCESS BY PUBLICATION
JODY ROBERTS BURNS,
Plaintiff,
vs.
VIVIANE SHAE ANDERSON CHEEKS,JARED TAYLOR CHEEKS, JONATHAN BOONE- PUTATIVE FATHER and UNKNOWN FATHER
Defendants.
IN RE: CUSTODY OF A
MINOR CHILD,
K. ANDERSON
(DOB: 8/13/2013)
TO:UNKNOWN FATHER
TAKE NOTICE that a VERIFIED COMPLAINT FOR CUSTODY concerning the minor child K. ANDERSON (DOB: 8/13/2013) was filed in the above referenced matter. The nature of the relief being sought is the CUSTODY OF minor child K. ANDERSON by Jody Roberts Burns. The minor child was born on August 13, 2013 in Jackson County, NC. The Complaint was filed on March 4, 2019. You are required to make a defense to the pleadings no later than April 22, 2019, 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 Complaint. If you do not file a written answer to the Complaint by April 22, 2019, the Court may proceed with a custody determination. You may contact the Clerk of Superior Court in writing at the following address: Cherokee County Clerk of Superior Court, Cherokee County Courthouse, 75 Peachtree Street, Murphy, NC 28906. If you provide your address to the Clerk of Superior Court, the Clerk will mail you the notice of date, time, and location of any hearing in the above captioned matter.
This the 8th day of March, 2019.
Stephanie McKeon
Attorney for Plaintiff
10 Tennessee Street
Murphy, North Carolina
28906
Phone: (828) 479-5324
Fax: (828) 516-4060
(494586)

The Cherokee Scout

Mailing Address:
89 Sycamore St. 

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