Legals

Legals
FRANCES LASATER ...

IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION
CHEROKEE COUNTY 16SP120
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY FRANCES LASATER DATED AUGUST 21, 2008 AND RECORDED IN BOOK 1334 AT PAGE 482 IN THE CHEROKEE COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 2:00PM on June 5, 2017 the following described real estate and any other improvements which may be situated thereon, in Cherokee County, North Carolina, and being more particularly described as follows:
All that certain tract or parcel of land lying and being situate in the Town of Andrews, Valleytown Township, Cherokee County, North Carolina, being Lots 11 and 12 in Block 1 of the survey of the original Town of Andrews as shown on plat of survey by Charles V. Bryson, RLS L-3182, dated July 1, 1989 as revised, recertified and redrawn February 21, 1994, bearing the name "Property of Billy H. Shepherd, Jr. and wife, Denise H. Shepherd, Proposed Purchase of Joel Bobby Setzer and wife, Lesha DeBord Setzer, said tract of lands containing 0.316 acres, more or less, and being more particularly described as follows:
BEGINNING at an iron rod previously set at the corner of Macon Street, being a 50 foot right of way, 18.5 feet asphalt, and Valley Street, being a 20 foot right of way, 12 foot gravel road, and runs thence with the margin of N7alley Street North 83 deg. 09' 19" West a distance of 140.0 feet to an iron rod previously set at the margin of a 15 foot unopened town alley; thence with the margin of said 15 foot unopened town ally North 06 deg. 56' 39" East a distance of 100.0 feet to an iron rod previously set bearing N.C. Grid Coordinates: N (y) = 560,426.68, E (x) = 563,115.98, (N.A.D. 27), and runs with Lot #13, being Isabell B. Trantham and Marvie E. Bradley (Deed Book 188, Page 157) an Agreement Line South 81 deg. 454' 50" East a distance of 140.04 feet to an iron rod previously set at the margin of Macon Street; thence with the margin of Macon Street South 06 dg. 56' 39" West a distance of 96.60 feet to the point and place of BEGINNING, containing 0.316 acres, more or less.
The above property is subject to any and all utilities shown on plat of survey by Charles V. Bryson dated February 21, 1994, together with all notes and references as set forth on said plat of survey are hereby incorporated by reference and made a part of this conveyance.
And Being more commonly known as: 70 Macon St, Andrews, NC 28901
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Frances Lasater.
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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is April 3, 2017.
Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/# http://shapiroattorneys.com/nc/
(332378)

Legals
HEIRS OF CLINTON S PERKIN ...

IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA
SUPERIOR COURT DIVISION CHEROKEE COUNTY17SP45I N THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CLINTON S PERKINS AND DORIS S. PERKINS DATED JANUARY 5, 2011 AND RECORDED IN BOOK 01403 AT PAGE 0960 IN THE CHEROKEE COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 2:00PM on June 5, 2017 the following described real estate and any other improvements which may be situated thereon, in Cherokee County, 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 THE CERTAIN TRACT OR PARCEL OF LAND CONTAINING 7.31 ACRES, MORA OR LESS, SHOAL CREEK TOWNSHIP, CHEROKEE COUNTY, NORTH CAROLINA, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY DATED JUNE 17, 1987, BY DONALD I. CORDELL, R.L.S., AND FROM SAID PLAT DESCRIBED AS FOLLOWS:
BEGINNING ON AN 18 FOOT WHITE OAK TREE, AND RUNS THENCE WITH A LINE COMMON TO GRAVES AND WITH A FENCE LINE S 07-19-38 W 131.41 FEET TO AN IRON PIN FOUND AT OR NEAR THE NORTHERN RIGHT-OF-WAY MARGIN OF HIGHWAY 294 AND S 07-19-38 W 82.29 FEET TO A POINT IN SAID ROAD CENTERLINE, THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE RUNNING WITH THE CENTERLINE OF SAID ROAD, WITH A CURVE TO THE RIGHT AN ARC DISTANCE OF 1,017.29 FEET, A RADIUS OF 1,145.92 FEET (LONG CHORD BEING S 76-28-53 E 984.21 FEET) TO A POINT IN SAID ROAD CENTERLINE; THENCE TURNING AND LEAVING SAID ROAD AND RUNNING WITH A LINE COMMON TO CHURCH OF GOD OF PROPHECY, N 52-31-57 E TRAVERSING AN IRON PIN SET AT 51.38. FEET, AN IRON PIN SET AT 107.11 FEET, A TOTAL DISTANCE OF 137.23 FEET TO A POINT IN THE CENTERLINE OF N.C.S.R. #1320; THENCE RUNNING WITH THE CENTERLINE OF SAID STATE ROAD N 35-21-35 W 198.04 FEET, WITH A CURVE TO THE RIGHT AN ARC DISTANCE OF 490.41 FEET, A RADIUS OF 749.06 FEET (LONG CHORD BEING N 20-41-40 W 481.69 FEET) AND WITH A CURVE TO THE LEFT AN ARC DISTANCE OF 135.13 FEET, A RADIUS OF 167.46 FEET (LONG CHORD BEING N 14-06-43 W 131.53 FEET) TO A POINT IN SAID ROAD CENTERLINE, THE NORTHERNMOST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE TURNING AND LEAVING SAID ROAD AND CONTINUING WITH THE LINE OF CHURCH OF GOD OF PROPHECY S 38-36-58 W TRAVERSING AN IRON PIN SET AT 30 FEET, A TOTAL DISTANCE OF 300.69 FEET TO AN IRON PIN SET, S 10-18-05 W 57.0 FEET TO AN IRON PIN FOUND (3 INCH PIPE WITH CONCRETE) AND S 15-42-30 W 100.40 FEET TO AN IRON PIN SET; THENCE CONTINUING WITH THE LINE OF CHURCH OF GOD OF PROPHECY AND RUNNING WITH A FENCE LINE N 83-52-32 W 217.40 FEET TO AN IRON PIN FOUND (3 INCH PIPE WITH CONCRETE); THENCE RUNNING WITH A LINE COMMON TO STANDRIDGE AND CONTINUING WITH SAID FENCE LINES 86-36-16 W 281.0 FEET TO THE BEGINNING.FOR SOURCE OF TITLE REFERENCE DEED BOOK 197, PAGE 125 AND DEED BOOK 191, PAGE 116, CHEROKEE COUNTY, NORTH CAROLINA REGISTRY.
Derivation statement:
Being the same property conveyed to , Clinton S. Perkins and Evelyn M. Perkins by deed filed 8/21/1987 in BK549 PG81 of Cherokee County Register's Office. Evelyn M. Perkins, died January 2, 1995
And Being more commonly known as: 133 River Hill Rd, Murphy, NC 28906
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Heirs of Clinton S. Perkins.
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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is May 15, 2017.
Grady I. Ingle or
Elizabeth B. Ells Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/#-8107 (343454)

Legals
SHIRLEY D BARTON ...

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION CHEROKEE COUNTY
16SP95
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY SHIRLEY D. BARTON DATED JULY 13, 2006 AND RECORDED IN BOOK 1240 AT PAGE 850 IN THE CHEROKEE COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 2:00PM on June 5, 2017 the following described real estate and any other improvements which may be situated thereon, in Cherokee County, North Carolina, and being more particularly described as follows:
That certain tract of parcel of land containing 1.74 acres, more or less, designated as Lot 35 of Sierra Springs, Murphy Township, Cherokee County, North Carolina, and being more particularly described according to a plat of survey by Jeffrey B. Weatherly, P.L.S., dated February 10, 2003, bearings based on N.C. grid north by solar observation (NAD 27) and from said plat of survey being more particularly described as follows:
BEGINNING at a point in the centerline of Sugarwood Drive, 40 foot wide right of way, a corner common to Lot 34 and Lot 33 of Sierra Springs and in a line common to Timberwood Development Corporation (Deed Book 867, Page 142); thence with the centerline of Sugarwood Drive and a line common to Timberwood Development Corporation, North 06-49 East 19.49 feet, North 01-57 East 30.82 feet, North 10-34 West 25.39 feet, North 10-28 West 27.27 feet, North 35-50 West 42.65 feet, North 46-56 West 40.43 feet and North 34-00 West 11.65 feet to a point in the centerline of Sugarwood Drive and a corner common to Lot 37 and Lot 36 of Sierra Springs; thence leaving said Sugarwood Drive centerline and a line common to Lot 36, North 79-17 West 38.28 feet to an iron rod set and North 79-17 West 378.45 feet to an iron rod set at a corner common to Lot 36 and in a line common to Timberwood Development Corporation; thence with a line common to Timberwood Development Corporation, South 10-35 West 155.70 feet to an iron rod set at a corner common to Lot 34 of Sierra Springs, said iron rod set lies North 38-20 East 6,107.78 feet from NCGS Station "Peachtree", thence with a common to Lot 34, South 79-17 East 341.16 feet to an iron rod set, South 78-27 East 153.33 feet to an iron rod set and South 78-27 East 20.30 feet to the point and place of BEGINNING, containing 1.74 acres, more or less.
ALSO HEREIN CONVEYED is a non-exculsive, perpetual right of way and easement over and across Sugarwood Drive, having a 40 foot wide right of way and easement for the purpose of vehicular, water, sewer, electricity, telephone, telecommunications and television cable ingress, egress and regress to Sierra Springs Drive.
THE GRANTOR EXCEPTS AND RESERVES a non-exclusive, perpetual right of way and easement over and across Sugarwood Drive, having a 40 foot wide right of way and easement, the centerline which form the Eastern boundary line of the above described Lot 35, for the purpose of vehicular, water, sewer, electricity, telephone, telecommunications and television cable ingress, egress and regress from Lot 35 to Sierra Springs Drive.
ALSO HEREIN CONVEYED is a non-exclusive, perpetual right of way and easement over and across Sierra Springs Drive for the purpose of vehicular, water, sewer, electricity, telephone, telecommunications and television cable, egress and regress, from the lot herein conveyed to S.R. 1536.
THE GRANTOR EXCEPTS AND RESERVES (1)a non-exclusive, perpetual right of way and easement forty (40) feet in width, twenty (20) feet each side of the centerline thereof, over and across Sierra Springs Drive, so as to provide ingress, regress and utilities thereon from the remaining appurtenant lauds of Grantors to S.R. 1536; and (2) a non-exclusive road, utilities, cable line and water line easement on all other existing subdivision access roads within Sierra Springs. The non-exclusive road, utilities and water line easements being excepted and reserved by Grantor of all subdivision access roads of Sierra Springs is for the benefit of Grantor, its successors and assigns, and for the benefit of other lands owned or designated or other lands which may be hereinafter acquired by Grantor, its successors and assigns, incorporated into and made a part of Sierra Springs or Timberwood Mountain Estates in Murphy Township, Cherokee County, North Carolina.
THIS CONVEYANCE IS SUBJECT TO Covenants, Restrictions, Reservations, Terms and Conditions governing Sierra Springs, contained in a certain instrument, recorded on February 13, 2003 in Deed Book 1023, Page 558, Cherokee County, NC Registry.
THIS CONVEYANCE IS SUBJECT TO the right of way and easement agreement in favor of the Town of Murphy Power Board dated January 31, 2003, and recorded on February 3, 2003 in Deed Book 1021, Page 624, Cherokee County, NC Registry.
ALSO HEREIN CONVEYED is a non-exclusive, perpetual right to use water for domestic purposes from a subdivision well located on Well Lot B of Sierra Springs or another well to be determined by Grantor in the future, including the right to go upon said well lot to maintain, repair and lay underground water pipelines leading from said well to said lot as may be necessary from time to time, as long as the Grantees herein pays the prescribed amount due for use of said water to the developer, their heirs and assigns.
TOGETHER WITH AND SUBJECT TO the road right of way for ingress, egress and regress as set forth in the deed from James T. Hancock, unmarried to William W. Conner and wife, Marjorie H. Conner dated July 29, 1972 and recorded in Deed Book 313, Page 17, Cherokee County, NC Registry.
And Being more commonly known as: Lot 35 Sugarwood Dr, Murphy, NC 28906The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Shirley D. Barton.
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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is May 4, 2017.
Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216
(704) 333-8107 http://shapiroattorneys.com/nc (342968)

The Andrews Journal

Mailing Address:
995 Main St., Nantahala Suite
Andrews, NC 28901
Phone: 828-321-4271
Fax: 828-321-5890