NOTICE OF SERVICE BY PROCESS BY PUBLICATION
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION
FILE NO. 24 CvD 159
NORTH CAROLINA
CHEROKEE COUNTY
Cherokee County, A Body Politic and Corporate vs. Mary L. Moore, a/k/a Mary List Moore, Unknown Spouse of Mary L. Moore, Mary L. Moore, Trustee, Madison M. Moore, a/k/a Madison Marie Hartwell Moore, Unknown Spouse of Madison M. Moore, Thomas Major, Unknown Spouse of Thomas Major, David M. Johnson, Successor Trustee, Unknown Trustees and Beneficiaries of the Edmund H. Moore Testamentary Trust, Unknown Trustees and Beneficiaries of the Trust Agreement dated September 25, 2003 and Recorded in Book 1063, Page 786, Cherokee County Register of Deeds, First-Citizens Bank & Trust Company, as successor in interest to Macon Savings Bank, Inc., SSB, Lienholder, Unknown Heirs at Law of Thomas Major
TO: Mary L. Moore, a/k/a Mary List Moore, Unknown Spouse of Mary L. Moore, Mary L. Moore, Trustee, Madison M. Moore, a/k/a Madison Marie Hartwell Moore, Unknown Spouse of Madison M. Moore, Thomas Major, Unknown Spouse of Thomas Major, David M. Johnson, Successor Trustee, Unknown Trustees and Beneficiaries of the Edmund H. Moore Testamentary Trust, Unknown Trustees and Beneficiaries of the Trust Agreement dated September 25, 2003 and Recorded in Book 1063, Page 786, Cherokee County Register of Deeds, First-Citizens Bank & Trust Company, as successor in interest to Macon Savings Bank, Inc., SSB, Lienholder, Unknown Heirs at Law of Thomas Major
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 as follows:
Foreclosure sale to satisfy unpaid property taxes owing to Cherokee County on your interest in the property described as follows:
PARCEL I
Being all of that tract containing 0.64 acres, more or less, designated as The Common Area of Madison Pond Estates, Notla Township, Cherokee County, North Carolina, being more particularly described according to a plat of survey by Felix Edward Palmer, Jr., P.L.S., dated July 25, 2003, and being more particularly described as follows:
BEGINNING at a point in the centerline of NCSR 1116, Mt. Pleasant Road, a corner common to Moore, Trustee (Deed Book 1063, Page 775) and in a line common to Elliott (Deed Book 468, Page 177); thence leaving said road centerline and with a line
common to Moore, Trustee, North 88 deg. 51'00" West 58.55 feet, South 87 deg. 58'00" West 21.91 feet, North 87 deg. 21'00" West 26.53 feet, North 77 deg. 44'00" West 29.96 feet, North 44 deg. 31'00" West 28.20 feet, North 33 deg. 35'00" West 29.20 feet, North 13 deg. 02'00" West 29.83 feet, North 02 deg. 12'00' West 22.72 feet, North 07 deg. 07'00" West 14.38 feet, North 20 deg. 38'00" West 15.26 feet, North 25 deg. 49'00" West 36.87 feet, North 37 deg. 33'00" West 26.38 feet, North 39 deg. 32'00" West 22.90 feet and North 48 deg. 05'00" East 21.79 feet to a point in the centerline of a branch; thence leaving said branch centerline and with a line common to Lot 3 of Madison Pond Estates, North 48 deg. 05'00" East 34.11 feet and South 39 deg. 25'00" East 6.86 feet to a corner common to Lot 3 and Lot 2 of Madison Pond Estates; thence with a line common to Lot 2, South 39 deg. 25'00" East 11.18 feet, South 42 deg. 43'00' East 20.20 feet, South 39 deg. 01'00" East 19.87 feet, South 57 deg. 48'00" East 21.17 feet, South 80 deg. 26'00" East 33.61 feet and South 84 deg. 04'00" East 21.12 feet to a corner common to Lot 2 and Lot 1 of Madison Pond Estates; thence with a line common to Lot 1, South 84 deg. 04'00" East 0.48 feet, South 61 deg. 16'00" East 26.82 feet, South 30 deg. 05'00" East 25.88 feet, South 17 deg. 47'00" East 26.14 feet, South 11 deg. 35'00" East 24.64 feet, South 00 deg. 07'00" West 27.50 feet, South 06 deg. 24'00" West 24.52 feet, South 11 deg. 36'00" West 23.81 feet, South 46 deg. 09'00" West 13.01 feet and South 88 deg. 52'00" East 53.42 feet to a point in the centerline of NCSR 1116, Mt. Pleasant Road, a corner common to Lot 1; thence with the centerline of NCSR 1116, Mt. Pleasant Road, South 26 deg. 33'00" West 4.98 feet and South 22 deg. 10'00" West 4.82 feet to the point and place of BEGINNING, containing 0.64 acres, more or less.
Subject to easements, restrictions and rights of way of record, and matters of survey.
Also being identified as Parcel ID# 4449-00-39-2769-000, Cherokee County Tax Office.
Address: (4449-00-39-2769-000) Mount Pleasant Rd
PARCEL II
Being all of that parcel identified as Parcel Identification Number 4449-00-39-6916-000 by the Cherokee County Tax Office; and containing a total of 0.08 acres, more or less, as measured by GIS calculation; and being a portion of the property as described in a deed from Southport Atlantic Corporation, a Florida Corporation to Edmund H. Moore, Trustee Under A Trust Agreement dated September 25, 2003, A North Carolina Trust dated September 26, 2003, and of record in Deed Book 1063, Page 775, Cherokee County Registry, and containing 11.13 acres, more or less.
Subject to easements, restrictions and rights of way of record, and matters of survey.
Also being identified as Parcel ID# 4449-00-39-6916-000, Cherokee County Tax Office.
Address: (4449-00-39-6916-000) Mount Pleasant Rd
Plaintiff seeks to extinguish any and all claims and interests that you may have in the property, to have a commissioner appointed to sell the Property and to deliver to the purchaser a deed to said real estate in fee simple, free and clear of all encumbrances, and that the interests and equities of redemption of the Defendants in the property be forever barred and foreclosed.
You are required to make defense to such pleading not later than May 21, 2024 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This day of April 3, 2024.
Jonathan S Fernandez
Attorney for Plaintiff
Capital Center
82 Patton Avenue, Suite 500
Asheville, North Carolina 28801
(828) 252-8010
Publish on
April 10, 2024
April 17, 2024
April 24, 2024
(810111)