NORTH CAROLINA CHEROKEE COUNTY
IN THE GENERAL
COURT OF JUSTICE
DISTRICT COURT DIVISION JUVENILE SECTION
FILE NO. 17-JA-26, 27, 28
NOTICE OF SERVICE OF PROCESS BY PUBLICATION
In the Matter of:
(DOB: 12-21-16); PHOENIX GARLAND
TO: Lacy Garland, the juveniles' mother, Murphy, NC 28906, and
Adrian Groseclose, the juveniles' father, Murphy, NC 28906
PLEASE TAKE NOTICE that the Cherokee County Department of Social Services filed Juvenile Petitions on June 14, 2017 in the above-entitled juvenile proceedings. The Juvenile Petition was filed pursuant to Article 4 of the North Carolina Juvenile Code and N.C.G.S. 7B-101(15).
PLEASE TAKE NOTICE that the above captioned juvenile proceedings are scheduled for the adjudication hearing on Wednesday, August 9, 2017 at 9:30 o'clock a.m. or as soon thereafter as the Court may reach this case. The hearing will be held in the Courtroom of the Cherokee County Courthouse, 75 Peachtree Street, Murphy, North Carolina 28906. If you fail to appear at on the date and at the time and at the place set for the adjudication hearing, the Cherokee County Department of Social Services will, nevertheless, request the Court to conduct the adjudication hearing and enter an appropriate order based on the hearing.
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. An attorney has already been provisionally appointed to represent you in this juvenile proceeding. You should contact the Clerk of Superior Court immediately to get information regarding your Court-appointed lawyer. 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 same 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 and contact 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 30th day of June, 2017.
By: R. Scott Lindsay
Attorney for the
Cherokee County Department of Social
4800 US Hwy 64 West
Murphy, North Carolina 28906
(828) 837-7455 ext. 255
Fax: (828) 837-4152
NORTH CAROLINA CHEROKEE COUNTY
STATE OF NORTH
COUNTY OF CHEROKEEIN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION
NOTICE OF SALE
IN THE MATTER OF THE FORECLOSURE of a North Carolina Deed of Trust Executed by On Fire Family Church, Inc., dated September 11, 2007, Recorded September 13, 2007 in Book 1299 at Page 112 and Re-Recorded September 18, 2007 in Book 1299 at Page 697 in the Officeof the Register of Deeds, Cherokee County, North Carolina,
By John A. VanHook,
Under the power and authority contained in that North Carolina Deed of Trust given by On Fire Family Church, Inc. (Borrower) to David Cowan as Trustee dated September 11, 2007, recorded September 13, 2007 in Book 1299 at Page 112, re-recorded September 18, 2007 in Book 1299 at Page 697 in the Office of the Register of Deeds, Cherokee County (the "Deed of Trust") and pursuant to the Order of Foreclosure of the Clerk of Superior Court for Cherokee County, North Carolina, entered in this foreclosure proceeding on June 29, 2017, the undersigned Trustee will expose for sale at public auction on August 2, 2017 at 11:00 a.m. at the location designated for foreclosure sales at the Cherokee County Courthouse, 25 Peachtree Street, Murphy, N.C. 28906, the following described real property (including any improvements thereon):
This 29th_ day of June_, 2017.
By: John A. VanHook
That certain tract of land situate and lying in Murphy Township, District #1, as shown on a plat of survey by William G. Davis, dated June 1983, and containing 2.14 acres, more or less, and lying on U.S. Highway 64 East and being more particularly described as follows:
BEGINNING at an iron pin (set) at a corner common to Richard Caldwell and Lok King Kong and runs thence with the Kong line S 05-20-00 E 457.10 feet to an iron pin (set); thence S 55-40-00 W 73.20 feet to the centerline of U.S. Highway 64 East passing through a nail (set) 15 feet from the centerline of said U.S. Highway 64; thence with the centerline of U.S. Highway 64, three courses and distances as follows: N 37-10-00 W 183.40 feet; N 32-17-00 W 195.80 feet; and N 26-39-00 W 161.80 feet; thence leaving said centerline of said U.S. Highway 64 and runs thence N 87-41-00 E 204.40 feet passing a nail (set); thence N 72-37-00 E 106.60 feet to an iron pin (set), the point and place of BEGINNING, containing 2.14 acres, more or less.
THIS CONVEYANCE IS SUBJECT TO the right-of-way and easement for U.S. Highway 64.Tax Parcel Number: 551102553189000 DERIVATION: Being the same property conveyed to On Fire Family Church, Inc. by that certain warranty deed from John H. Thomas and Grace E. Thomas recorded October 29, 2002 in Book 1005 at Page 367 in the Office of the Register of Deeds, Cherokee County, North Carolina.
The record owner of the property as reflected on the records of the Register of Deeds' office not more than ten (10) days prior to the posting of this notice is Borrower. The sale will be made subject to all prior liens, restrictions, and easements of record and all unpaid taxes and assessments, if any. The property is not being sold subject to or together with any subordinate rights or interests.
The above described property will be sold "AS IS, WHERE IS." Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute 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 real property being sold, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
An Order for Possession of the property may be issued pursuant to N.C. Gen. Stat. 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.
The successful purchaser must pay the fee of forty-five cents (45 ) per one hundred dollars required by N.C. Gen. Stat. 7A-308(a)(1) and all excise taxes, recording fees, and revenue stamps charged in connection with the deed transferring title. Pursuant to N.C. Gen. Stat. 45-21.10(b) and the terms of the Deed of Trust, the successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale, a cash deposit equal to the greater of five percent (5.0%) of the bid amount or $750.00.
Any successful bidder shall be required to tender the full purchase price bid, less any deposit, in cash or certified check at the time the Substitute Trustee tenders or attempts to tender a deed for the property. Should the successful bidder fail to pay the required amount at that time, he/she shall remain liable on his/her bid as provided for in North Carolina General Statutes 45-21.30(d) and (e). The sale will be held open ten (10) days for upset bids as required by law.
This 29th day of May 2017.
John A. VanHook
Sloan & VanHook, PLLC
111 Heritage Hollow Drive
Franklin, NC 28734
P: (828) 276-1177
F: (828) 276-1178
SUBSTITUTE TRUSTEE'S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY THIS ACTION BROUGHT PURSUANT TO THE POWER AND AUTHORITY contained within that certain Deed of Trust executed and delivered by Jones C. Peace and Mary R. Peace dated December 3, 2008 and recorded on December 9, 2008 in Book 1342 at Page 802 in the Office of the Register of Deeds of Cherokee County, North Carolina. 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 City of Murphy, County of Cherokee, State of North Carolina, and being more particularly described in the heretofore referenced Deed 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 August 4, 2017 at 10:00 AM. Address of property: 94 Foxfire Drive, Murphy, NC 28906. Tax Parcel ID: 4419-00-88-9219-000. Present Record Owners: The Heirs of Jones C. Peace. 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 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. 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.
Albertelli Law Partners North Carolina, P.A.,
By: Albertelli Law Partners North Carolina, P.A.
Michael L. Spicer,
Attorney N.C. Bar
205 Regency Executive Park Drive Suite 100
Charlotte, NC 28217
A-4627042 07/19/2017, 07/26/2017
NOTICE OF PROPOSED TAX-EXEMPT LOAN TO VOLUNTEER FIRE DEPARTMENT
TO ALL MEMBERS OF THE GNERAL PUBLIC WHO RESIDE WITHIN THE FIRE DISTRICT OF THE HIWASSEE DAM VOLUNTEER FIRE DEPARTMENT. ("VFD"). A public hearing will be held on August 3, 2017 at 7 o'clock p.m. At HIWASSEE DAM VOLUNTEER FIRE STATION, 7815 HWY 294 MURPHY, NC 28906, North Carolina for the purpose of approving a proposed tax-exempt loan by First-Citizens Bank & Trust Company to the VFD. At this meeting, you may submit written comments or participate orally. All members of the public are invited to attend. In connection with this public meeting, please note the following:
PURPOSE OF LOAN
(a) (___) For the construction of a fire station for the VFD, including the purpose of land upon which the fire department will be built.
(b) (X) The purchase of a fire truck or fire trucks.
AMOUNT OF LOAN: The maximum principal amount of the loan is $239,208.00.
The VFD will own and operate the station or fire truck(s) to be financed at the VFD's address which is:
7815 Hwy 294
Murphy, NC 28906