Legals

Legals

IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION CHEROKEE COUNTY 17SP137
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY HELEN E. MATSON DATED JANUARY 29, 2007 AND RECORDED IN BOOK 1271 AT PAGE 848 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 February 22, 2018 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 following particularly described real estates located in Cherokee County, North Carolina, to-wit:
Being Tract No. 26-B. a part of Tract No. 26 in Degatide Estates Subdivision, containing 7.61 acres more less, in Notia Township, District No. 4, near Sandy Gap, Subdivision and being more particularly described according to plat by Jeffery B. Weatherly, R.L.S., dated October 7, 1996, as follow:
BEGINNING at a point in the centerline of Amanda's Way at a corner common to Tract 26-A of Degatide Estates Subdivision and runs thence with a line common to Said Tract 26-A South 77-30 East, passing an iron rod set at 30.45 feet, and another iron rod set at 154.77 feet, a total distance of 194.38 feet to a point in the centerline of Amanda's Way; thence with the centerline of Amanda's Way the following courses and distances: South 00-58 West 30.00 feet, South 05-06 East 28.40 feet, South 24-52 East 8.90 feet, South 40-47 East, 15.80 feet, South 67-47 East 30.58 feet, South 83-57 East 55.03 feet, South 68-22 East 26.20 feet, South 40-56 East 26.93 feet and South 18-04 East 17.43 feet to a point in said road centerline at a corner common to Tract 26-D of Degatide Estates Subdivision; thence leaving road and running with a line common to said Tract 26-D South 38-56 West, passing an iron rod set at 35.75 feet, a total distance of 193.62 feet to an iron rod set at a corner common to Tract 26-D, Tract 26-E and Tract 26-C; thence with line common to Tract 26-C North 47-25 West 164.73 feet to an ron rod set and North 46 50 West, passing an Iron rod set at 128.18 feet, a total distance of 158.16 feet to a point in the centerline of Amanda's Way; thence with the centerline of Amanda's Way three (3) courses and distance as follows: North 24-51 East 43-79 feet, North 05-56 East 37.82 feet and North 00-24 West 37.93 feet to the point and place of BEGINNING, containing 1.36 acres, more or less. The improvements thereon being commonly known as 186 Amanda's Way, Murphy, North Carolina 28906.
Being the same lot or parcel of ground which by Deed Dated March 6, 1997 and recorded among the land records of Cherokee County in Book 794 Page 67, was granted and conveyed by Claude W. Harris, Sr. and wife, Mary L. Harris, unto Ronald M. Matson and wife, Helen E. Matson. The said Ronald Matthew Matson having since departed this life on or about June 6, 2006 thereby vesting absolute fee simple property unto Helen E. Matson, Surviving Spouse. And Being more commonly known as: 186 Amandas Way, Murphy, NC 28906The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Unknown Heirs of Helen E. Matson. 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 February 1, 2018.
Grady I. Ingle or Elizabeth B. Ells Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704)-333-8107
http://shapiroattorneys.com/nc/17-096493 (404209)

Legals

IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION CHEROKEE COUNTY18sp1
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY SEAN B MATTHEWS AND MISTY L MATTHEWS DATED OCTOBER 25, 2004 AND RECORDED IN BOOK 1125 AT PAGE 206 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 February 26, 2018 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 or parcel of land consisting of 1.00 acre, more or less, designated as being Lot 2, Taylor's Creek Subdivision, situate in Valleytown Township, Cherokee County, North Carolina, as depicted on that plat of survey dated March 6, 2003, by Charles V. Bryson, Professional Land Surveyor, incorporated herein by reference, the metes and bounds description as relates thereon being:
BEGINNING at a bolt (found) in the centerline of the intersection of North Carolina State Road 1515 and an Access Road, the northernmost corner of the herein described tract and a point in the common boundary line of lands owned now or formerly by Ladd, Rose, Rogers and Maennle (Deed Book 739, Page 179), said point being situate by tie line S 06-49-24 E 1,847.42 feet from an iron pin located on the west side of a railroad trestle having N.C. Grid Coordinates N(Y)=556,379.7 and E(X)=539,228.6 and said iron pin being situate by tie line S 65-41-00 E 2,944.55 feet from N.C.G.S. Station "Coalville" having N.C. Grid Coordinates N(Y)=557,592.3 and E(X)= 536,545.3; thence leaving the centerline of North Carolina State Road 1515 and running with the common boundary of Lot 1 Taylor's Creek Subdivision, S 45-50-18 E 43.70 feet to a 1/2" rebar (previously set) at or near the Southern right of way margin of North Carolina State Road 1515; thence continuing with the common boundary line of Lot 1, S 45-50-18 E, crossing a branch, 260.79 feet to a 1/2" rebar (previously set) at or near the West right of way margin of Julie Luther Lane; thence continuing S 63-24-27 E 16.62 feet to a point in the centerline of Julie Luther Lane, the northeast corner of the hereindescribed tract, thence with the centerline of Julie Luther Lane, S 16-04-44 W 74.54 feet and S 02-22-22 E 50.99 feet to a point in the centerline of Julie Luther Lane at or near its intersection with Evla Marie Drive, the southernmost corner of the hereindescribed tract and a corner in the common boundary line of Lot 3 Taylor's Creek Subdivision, thence leaving the centerline of Julie Luther Drive and running with the common boundary line of Lot 3 Taylor's Creek Subdivision N 59-08-04 W 28.00 feet to a Concrete Monument (Found) being Subdivision Control Corner #C-2, N 59-08-04 W 249.51 feet to a 1/2" rebar (previously set), and N 59-08-04 W 26.43 feet to a point in the centerline of a subdivision access road, the southwest corner of the hereindescribed tract and a corner common to the "Ladd, et al Tract"; thence running with the centerline of the access road along and with the "Ladd, et al Tract" the following courses and distances: N 07-38-00 E 36.99 feet, N 08-00-00 E, crossing under overhead utilities, 52.46 feet, N 19-09-54 E, crossing the aforementioned branch and under another overhead utility line, 103.33 feet to the BEGINNING.CONVEYED FURTHER IS: 1] a non-exclusive, perpetual right of way and easement over and across the Access Road which forms the west boundary line of this tract, as depicted on the aforesaid survey, for the purpose of vehicular, water, sewer, electric, telephone and telecommunication ingress, egress and regress to and from North Carolina State Secondary Road 1515 for the benefit of the hereindescribed tract and the owners thereof; and 2] a non-exclusive, perpetual right of way and easement thirty (30') feet wide, over and across Julie Luther Lane which forms the eastern boundary line of the hereindescribed tract, as depicted on the aforesaid survey plat, for the purpose of vehicular, water, sewer, electric, telephone and telecommunication ingress, egress and regress to and from the state maintained road for the benefit of the hereindescribed tract and the owners thereof.
TITLE TO THESE PREMISES IS SUBJECT TO: 1] a non-exclusive, perpetual right of way and easement over and across the Access Road which forms the west boundary line of this tract, as depicted on the aforesaid survey, for the purpose of vehicular, water, sewer, electric, telephone and telecommunication ingress, egress and regress to and from North Carolina State Secondary Road 1515 for the benefit of the appurtenant lands and the owners thereof; 2] a non-exclusive, perpetual right of way and easement thirty (30') feet wide, over and across Julie Luther Lane which forms the eastern boundary line of the hereindescribed tract, as depicted on the aforesaid survey plat, for the purpose of vehicular, water, sewer, electric, telephone and telecommunication ingress, egress and regress to and from the state maintained road for the benefit of the appurtenant lands and the owners thereof; 3] those Covenants, Restrictions, Reservations, Terms, conditions and Affirmative Obligations Governing Taylor's Creek Subdivision as filed for record in Deed Book 794, page 110, Cherokee County, North Carolina Registry; 4] riparian rights for the uninterrupted flow of the waters of the branch which traverses the northern portion of this tract for the benefit of the appurtenant lands and the owners thereof; and 5] those easements, if any, for the distribution of electric energy as depicted on the aforesaid survey plat. And Being more commonly known as: 33 Luther Branch Rd, Andrews, NC 28901The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Sean B. Matthews and Misty L. Matthews. 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 February 5, 2018.
Grady I. Ingle or
Elizabeth B. Ells
Substitute Trustee10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/#107 http://shapiroattorneys.com/nc/ 17-096011
(405031)

The Andrews Journal

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