Legals

Legals
BILLY/HELENE KIFF ...

16 SP 108
AMENDED 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 Billy P. Kiff and Helene Kiff to Tammy Mazak, Trustee(s), which was dated January 24, 2006 and recorded on February 10, 2006 in Book 1211 at Page 51, 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 April 26, 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 LOT OR PARCEL OF LAND SITUATED IN THE CITY OF MURPHY, MURPHY TOWNSHIP, CHEROKEE COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
IN MURPHY TOWNSHIP, CHEROKEE COUNTY, N.C. DISTRICT #3, AND BEING TRACT # 8 OF A DIVISION OF THE ROBERT SHERLOCK PROPERTY.
BEGINNING AT A POINT IN THE CENTERLINE OF STATE ROAD #1570 WHERE THE SOUTH LINE OF THE ROBERT SHERLOCK PROPERTY CROSSES SAID ROAD IN LINE COMMON TO PALMER, AND RUNS THENCE WITH LINE COMMON WITH PALMER S 85-17 E 609.78 FEET TO AN IRON PIPE, CORNER COMMON WITH THE TURNER TRACT #7; THENCE WITH A LINE COMMON WITH TRACT #7, N 07-25- W 360.21 FEET TO AN IRON PIPE ON THE SOUTH SIDE OF STATE ROAD #1570; THENCE CONTINUING WITH TRACT #7, N 29 E 44.53 FEET TO A POINT IN CENTERLINE OF STATE ROAD #1570, CORNER COMMON WITH TRACTS 7, TRACT 2 AND THE 1.28 ACRE TRACT; THENCE WITH THE CENTERLINE OF THE STATE ROAD #1570, 7 COURSES AS FOLLOWS, S 62-14 W 84.35 FEET; S 71-51 W 83.14 FEET; S 77-44 W 197.77 FEET; N 85-28 W 159.9 FEET; S 81-38 W 85.24 FEET; S 18-34 W 75.76 FEET; AND S 10-49 E 170.23 FEET TO THE BEGINNING, CONTAINING 4 ACRES.
SUBJECT TO EASEMENT OF STATE ROAD #1570 ALONG THE NORTH AND WEST SIDES OF SAME.
BEING the same property as conveyed to Helene Kiff by deed recorded 05/15/96 in Book 764, Page 116.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 1525 Floyd Stalcup 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 Helene Kiff.
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.: 16-14405-FC01
(333144)

Legals
GINA TENBARGE ...

NOTICE OF FORECLOSURE SALE
17 SP 1
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Gina Taylor Tenbarge and Dana Taylor Hass to John P. Porath & Amy E. Johnson, Trustee(s), dated the 14th day of June, 2006, and recorded in Book 01237, Page 0798, 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 April 27, 2017 and will sell to the highest bidder for cash the following real estate situated in the Township of Murphy, in the County of Cherokee, North Carolina, and being more particularly described as follows:
All that parcel of land in Township of Murphy, Cherokee County, State of North Carolina, as more fully described in Deed Book 1225, Page 427, ID# 458113136628000, being known and designated as Lot 4, District 3, containing 1 acre more or less, as shown on plat of survey by Carl R. Auvil RLS # 988, dated November, 1978. Being more particularly described as a metes and bounds property. Together with improvements located thereon; said property being located at 683 Old Murphy Road, Murphy, North Carolina.
By fee simple Deed from Melody Taylor Henry and Ryan Henry, husband and wife as set forth in Book 1225, Page 427 dated 02/22/2006 and recorded 04/27/2006, Cherokee County Records, State of 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 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: 1197105 (FC.FAY)
(333131)

Legals
BURGER/ DICKERSON ...

NOTICE OF SERVICE OF PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA - CHEROKEE COUNTY
In the General Court
of Justice District Court
FILE NO.: 16-CVD-213
KYMBERLEE KENNETHA BURGER
v.
JOSHUA LUKE DICKERSON
COMPLAINT FOR CHILD CUSTODY AND CHILD SUPPORT, EMERGENCY EX PARTE
TO: Joshua Luke Dickerson
Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief sought is emergency custody, permanent custody and child support of the minor juvenile, Hattie Ruth Dickerson, born June 6, 2013. You are required to make a defense to such pleading not later than 40 days after the date of April 12, 2017 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This, the 4th day of April, 2017.
Crystal L. BrysonAttorney for Plaintiff
23 Valley River Avenue
Murphy, NC 28906
Phone: (828) 837-9973
Fax: (828 835-9947
N.C. State Bar #: 38060
(332997)

Legals
DAVID RITZ ...

NOTICE OF FORECLOSURE SALE
16 SP 126
Under and by virtue of the power of sale contained in a certain Deed of Trust made by David A. Ritz and Kristina N. Ritz to Beverly B. Cook, Trustee(s), dated the 20th day of October, 2006, and recorded in Book 1257, Page 516, 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 May 4, 2017 and will sell to the highest bidder for cash the following real estate situated in the Township of Murphy, in the County of Cherokee, North Carolina, and being more particularly described as follows:
All that certain tract or parcel of land containing 4.58 acres, more or less, being known as Lot 12, Beechwood Acres, located in District #1, Murphy Township, Cherokee County, North Carolina, and being more particularly described according to a plat of survey by W W Land Surveying Company, Jeffrey B. Weatherly, R.L.S. completed February 26, 1990 and from said plat of survey described as follows:
BEGINNING on an iron rod set having North Carolina Grid Coordinates N=535,525.21 and E=506,308.43, said iron rod set being located S 24-52-29 E 2,176.51 feet from NCGS Station "6Trull" and runs then from said beginning point with a severance line N 81-31 E 75.01 feet to an iron rod set; then N 71-25 E 100.97 feet to a point in the centerline of an access road; then with the centerline of said access road N 33-08 E 5.16 feet to a point in the centerline of said road; then turning and leaving said road centerline N 71-25 E 20.25 feet; then N 71-25 E 10.01 feet; then S 30-19 E 5.10 feet; then S 06-51 E 5.11 feet; then S 71-26 W 10.01 feet; then S 71-26 W 17.93 feet to a point in the centerline of the aforementioned road; then with the centerline of said road the following courses and distances: S 30-16 E 53.95 feet; S 37-36 E 68.86 feet and S 35-46 E 65.46 feet to a point in the centerline of said road at the intersection of the centerline of another access road being a point in common with Lot 9, Beechwood Acres; then with the centerline of said road and the line of Lot 9 S 42-36 W 27.04 feet to a point in the centerline of said road at the intersection of the centerline of another access road; then continuing with said road centerline the following courses and distances: S 25-03 W 54.80 feet; S 32-21 W 39.52 feet; S 37-50 W 67.55 feet; S 39-01 W 46.55 feet; S 40-40 W 42.20 feet; S 45-38 W 49.44 feet; S 42-33 W 101.38 feet; S 50-16 W 32.25 feet and S 65-13 W 21.17 feet to a point in the centerline of said road at the intersection of the centerline of another access road; then continuing with said road centerline S 78-35 W 51.78 feet; S 84-49 W 43.65 feet; S 77-01 W 35.65 feet and S 77-01 W 23.14 feet to a point in the centerline of the main subdivision access road having a right-of-way and easement of 60 feet, 30 feet on each side of the centerline thereof; then with the centerline of said main subdivision access road the following courses and distances: N 30-43 W 10.94 feet; N 30-43 W 11.02 feet; N 68-51 W 26.00 feet; N 75-47 W 52.61 feet; N 61-30 W 28.66 feet; N 47-09 W 26.07 feet; N 25-15 W 24.53 feet; N 20-02 W 37.70 feet; N 12-24 W 52.91 feet and N 13-29 W 46.30 feet to a point in the centerline of said road; then turning and leaving said road centerline with a severance line the following courses and distances: N 77-15 E 34.90 feet to an iron rod set; N 77-16 E 45.15 feet to an iron rod set; N 52-03 E 135.66 feet to an iron rod set N 16-17 E 131.66 feet to an iron rod set and N 67-05 E 143.58 feet to the BEGINNING. Together with improvements located thereon; said property being located at 163 Madison Drive, Murphy, North Carolina.
THIS CONVEYANCE IS MADE TOGETHER WITH AND SUBJECT TO a non-exclusive, perpetual right-of-way and easement over and across the existing access roads for Beechwood Acres Subdivision being 45 feet in width, 22 1/2 feet on each side of the centerline thereof, a portion of the said roads which form the Northeast and Southeast boundary of the herein described tract as referenced in the above legal description and intersects with the main Beechwood Acres Subdivision access road having a right-of-way and easement of 60 feet in width, 30 feet on each side of the centerline thereof, a portion of the centerline of which forms the Southwest boundary of the herein described tract as referenced in the above legal description and extends therefrom out to the Wells Mountain access road and across the Wells Mountain access road out to the State maintained road so as to provide ingress, egress, regress and utilities to the herein property and the appurtenant properties of Beechwood Acres and Wells Mountain. It is understood and agreed that the access roads of Beechwood Acres are for residential use only and no commercial traffic shall be allowed other than that necessary for house construction or delivery of mail and packages.
THIS CONVEYANCE IS MADE TOGETHER WITH AND SUBJECT TO the Road and Maintenance Agreements as contained in Deed Book 631, Page 139 and Deed Book 617, Page 8, Cherokee County Registry reference to which is made hereby for incorporation herein which said road maintenance agreements cover the Wells Mountain access road
THIS CONVEYANCE IS MADE TOGETHER WITH AND SUBJECT TO the declaration of Restrictions, Condition, Easements, Covenants, Agreements, Liens and Charges of Beechwood Acres as recorded in Deed Book 818, Page 143, Cherokee County, North Carolina Registry.
THIS CONVEYANCE IS FURTHER SUBJECT TO that certain right-of-way and easement to the Town of Murphy for electric power distribution as recorded in Deed Book 348, Page 132, Cherokee County Registry.
BEING a portion of the lands described in Deed Book 720, Page 199 and Deed Book 538, Page 88, Cherokee County, North Carolina 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
BY: Attorney at Law
Hutchens Law Firm
Attorneys for Substitute
Trustee Services, Inc.
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No: 1197798 (FC.FAY)
(334944)

Legals
NOTICE OF PUBLIC HEARING ...

NOTICE OF PUBLIC HEARING TOWN OF MURPHY
The Board of Commissioners of the Town of Murphy, North Carolina, hereby gives notice of a public hearing on a change in and amendments to the Zoning Ordinance of the Town of Murphy, North Carolina, Chapter 153 of the Code of Murphy, North Carolina, as recommended by the Zoning Board of Adjustment of the Town of Murphy, North Carolina, as follows:
That Section 153.060(H) of the Code of Murphy, North Carolina, be amended to increase the height limit for signs to 50 feet.
A public hearing on the proposed amendment to the Zoning Ordinance, Chapter 153 of the Code of Murphy, North Carolina, will be held by the Board of Commissioners of the Town of Murphy, North Carolina, at 5:00 p.m. on Monday, May 1, 2017, in the Annex to the Murphy Electric Power Board Building, 5 Wofford Street, Murphy, North Carolina.
All interested persons are invited and encouraged to attend.
This the 19th day of April, 2017.
Anna A. Payne
Town Clerk
Town of Murphy
(334776)