Legals

Legals
EXEC NOT- H WILSON ...

Executor's Notice
Having qualified on the 27th day of April, 2017 as Executor of the estate of Helen Wilson, deceased, late of Mitchell County, North Carolina, this is to notify all persons, firms and corporations having claims against the decedent to exhibit the same to the undersigned Executor on or before 2 August, 2017.
All persons indebted to the estate should make immediate payment.
This the 3rd day of May, 2017.

Billy Lee Ollis, Executor
2186 Dale Rd.
Spruce Pine, NC 28777
Telephone: (828)765-6028

#339060 - 5/3, 5/10, 5/17, 5/24

Legals
CUSTODY-TEHANDON/HERNANDE ...

Notice of Service
of Process by Publication
General Court of Justice
District Court Division
File Number: 17 CvD 82
State of North Carolina
County of Mitchell
Becky Tehandon, Plaintiff
v.
Manuel Guardian Hernandez, Defendant
To: Manuel Guardian Hernandez
TAKE NOTICE that a Complaint seeking relief against you had been filed in the above entitled proceeding. The nature of the relief sought is child custody.
You are required to answer this Complaint not later than 19 June, 2017, being 40 days from the date of the first publication of this Notice and upon your failure to do so, the plaintiff will seek the relief sought by the action.
This the 10th day of May, 2017.
Hockaday & Hockaday, P.A.
Daniel M. Hockaday
Attorney for Plaintiff
Post Office Box 65
Burnsville, NC 28714
(828)682-7060

#340527 - 5/10, 5/17, 5/24

Legals
EXEC NOT- G GROGAN ...

EXECUTRIX NOTICE

Having qualified on the 5th day of May, 2017, as Executrix of the Estate of Gerald Wayne Grogan, deceased, late of Mitchell County, North Carolina, this is to notify all persons, firms and corporations having claims against the decedent to exhibit the same to the undersigned Executrix on or before the 10th day of August, 2017, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the estate should make immediate payment.

This the 10th day of May, 2017.

Pamela Grogan
172 Teller Trail
Spruce Pine, NC 28777

#341000 - 5/10, 5/17, 5/24, 5/31

Legals
FORECLOSURE- LEDFORD ...

NOTICE OF FORECLOSURE SALE
16 SP 71
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Eloise Ledford, a single woman and Margie L. Ledford, a single woman, (Eloise Ledford and Margie L. Ledford, both deceased)(Heirs of Eloise Ledford: Rita L. Burleson, Jerry T. Ledford, Roy Keith Ledford, Kathleen L. Mckinney, Elizabeth L. Poteat and Unknown Heirs of Eloise Ledford) to Michael Lyon, Trustee(s), dated the 17th day of March, 2014, and recorded in Book RE 546, Page 284, in Mitchell 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 Mitchell 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 Bakersville, Mitchell County, North Carolina, or the customary location designated for foreclosure sales, at 3:00 PM on June 2, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Mitchell, North Carolina, and being more particularly described as follows:
Tax ID Number(s): 0863-07-59-7212
Land Situated in the Township of Bakersville in the County of Mitchell in the State of NC.
Beginning on a stake at the mouth of the Bowman Branch and runs up with said branch and with W. L. Lamberts line 8 poles to a stake in said branch; thence North 80 1/2 pole to a stake in R.J. Young's line; thence South 50 E with his line 2 poles to said R.J. Young's corner; thence North 45 E with his line and lines of town lots 181/2 poles to the first corner of Lot No. 3 near the lower corner of the Bowman brick office at the public road; thence South 85 East about 2 1/2 poles to a stake in the line of the R. Garland lot; thence South 40 West with said line and the old road 19 1/2 poles to a stake in said road; thence South 30 East with W.L. Lamberts line 4 poles to a buckeye on the North bank of Cane Creek, his corner; thence South 65 West down with Cane Creek 9 1/2 poles to the beginning. This Deed is intended to convey all of Bakersville Town Lots Nos. 1,2,3, and 4, and a part of Lot No. 5 which lies on the North side of the Bowman branch as described in a deed to H.L. Buchanan and Wife Emma Buchanan from John C. McBee. Together with improvements located thereon; said property being located at 86 North Highway 226, Bakersville, North Carolina.
Less and except that portion of said land heretofore conveyed to Ethel G. Wilson by deed of record in Book 130 at Page 521 Mitchell County 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
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: 1202429 (FC.FAY)

#342861 - 5/17, 5/24

Legals
ADMIN NOT- C DOBSON ...

ADMINISTRATOR'S NOTICE

Having qualified on the 27th day of January, 2017, as Administrator of the Estate of Cathryn Dobson, deceased, late of Mitchell County, North Carolina, this is to notify all persons, firms and corporations having claims against the decedent to exhibit the same to the undersigned Administrator on or before the 24th day of August, 2017, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the estate should make immediate payment.

This the 24th day of May, 2017.

John Dow
Hemlock Springs Trail
Spruce Pine, NC 28777

#344762 - 5/24, 5/31, 6/7, 6/14

Legals
BUDGET 2017/18 ...

Spruce Pine ABC Board will hold a public hearing to adopt the 2017-18 budget on 6/13/17 at 4:30pm at the ABC store located at 12344 S 226 Highway.

Legals
FORECLOSURE- DUNCAN ...

NOTICE OF FORECLOSURE SALE
NORTH CAROLINA, MITCHELL COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Phillip Duncan and Connie Stafford Duncan to Countrywide Title Corporation, Trustee(s), which was dated November 2, 2001 and recorded on November 13, 2001 in Book BI 344 at Page 647 and rerecorded/modified/corrected on February 7, 2012 in Book RE 519, Page 800, Mitchell 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 June 6, 2017 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in Mitchell County, North Carolina, to wit:

BEGINNING on an iron pin on the Southwest side of a gravel street, the same being a corner between Jessie Norman and Bill Norman and running thence will Bill Norman's line South 28 30' East 159 feet to an iron stake; thence continuing with Bill Norman's line South 15 West 82 feet to an iron pipe; thence North 87 30' West 154.8 feet to an iron pipe in the center of a private road; thence running down with the center of said road North 07 West 240.5 feet to an iron pipe in the center of a gravel street; thence running with the center of said street South 79 East 133 feet to an iron pipe, to the point of BEGINNING, containing 3/4 of an acre.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 63 Greenberry Road, Bakersville, NC 28705.

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 Connie Stafford Duncan.

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.: 16-02567-FC01

#343865 - 5/24, 5/31

Legals
FORECLOSURE- PITTMAN ...

NOTICE OF FORECLOSURE SALE
17 SP 15
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Bobby G. Pittman and Elizabeth B. Pittman (PRESENT RECORD OWNER(S): Bobby Pittman and Elizabeth Pittman) to PBRE, Inc., Trustee(s), dated the 27th day of June, 2011, and recorded in Book RE 514, Page 127, in Mitchell 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 Mitchell 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 Bakersville, Mitchell County, North Carolina, or the customary location designated for foreclosure sales, at 3:00 PM on June 9, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Mitchell, North Carolina, and being more particularly described as follows:
Portion of Deed Book 260 Page 65.
BEGINNING at an existing iron pin located in the margin of a private road located off NCSR No. 1202, thence South 11 21 38 West 372.10 feet to an existing iron pin, a corner common with what is now or formerly Bailey; thence North 47 03 29 West 209.17 feet to an existing iron pin; thence N. 34 06 43 West 77.75 feet to an existing iron pin; thence N. 17 00 31 West 150.66 feet to an iron set; thence N. 72 50 56 East 197.62 feet to an existing iron pin; thence South 74 31 12 East 131.90 feet to a point located on an existing private road; thence South 11 21 38 West 9.39 feet to the point of BEGINNING, containing 1.76 acres, and being the property described on the survey map prepared by Arrowood Surveying, PA, William E. Arrowood, PLS #L-151-, dated 18 May 2004, drawing no. 04-M-02-173, revised 15 September, 2010. Together with improvements located thereon; said property being located at 62 Piney Haven Drive, Bakersville, North Carolina.
ALSO CONVEYED HEREWITH is a perpetual and non-exclusive easement appurtenant for the purpose of ingress, egress and regress from the above described property to NCSR No. 1202.
AND BEING the same parcel or tract of land conveyed by Warranty Deed dated 28 September, 2010 from Bobby Pittman and wife, Elizabeth Pittman to Bobby Pittman and wife, Elizabeth Pittman, appearing of record in the Mitchell County Deed Registry at Instrument book 506, Page 3560.
THIS CONVEYANCE is made subject to the rights of Kenneth Murphy and wife, Judy Murphy to travel over and upon the existing asphalt drive located on eh above reference lands, and further for the easement and right to take and use water from the well located upon the premises herein described, as more fully set forth in a deed dated 10 June, 2004 from Bobby Pitman and wife, Elizabeth Pittman, appearing of record in the Mitchell County Deed Registry at Instrument Book 396, Page 461.
THIS CONVEYANCE is also made subject to the easement and right to take and use water from the existing well located upon the above described premises as more fully described in a document dated 10 November, 2010 from Bobby Pittman and wife, Elizabeth Pittman to Raymond Cantrel and Pat Cantrel, appearing of record in the Mitchell County Deed Registry at Instrument Book 507, Page 849.
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.hutchenslawfirm.com
Case No: 1206095 (FC.FAY)

#344720 - 5/24, 5/31

Legals
PROPOSED BUDGET ...

Public Notice
The proposed budget for the Town of Spruce Pine has been presented to the Town Council and is available for public inspection in the office of the Town Clerk. A public hearing on the budget will be held at 6:00 p.m., June 12, 2017 in the Boardroom of Town Hall, at which time any person who wishes to be heard on the budget may appear.
Darlene J. Butler
Town Clerk

#344829 - 5/24

Legals
PUBLIC ZONING COMMENTS ...

Notice
The Spruce Pine Town Council will hold a Public Hearing on June 12, 2017 at the Town Hall at 5:35 p.m. This hearing will be for the purpose of hearing public comment regarding:
1) A proposal to change the zoning on one parcel located on Lily Pond Drive from R-2 (Medium Density Residential) to C-1A (Central Business Fringe District). The parcel number is 0880-11-66-0072.
2) 1) A proposal to change the zoning on one parcel located at 62 Stafford Road from
R-2 (Medium Density Residential) to I-2(Heavy Industrial). The parcel number is
0880-12-96-9588.
Any property owner immediately adjacent to this parcel or within 100 feet from the street frontage of opposite lots may protest said zoning change. Protest must be in the form of a written petition actually bearing the signatures of the property owners and must be received in the office of the Town Clerk no later than 4:00 p.m., June 09, 2017.
Darlene Johnson Butler
Town Clerk

#344830 - 5/24

The MItchell News

Mailing Address: PO Box 339 
Spruce Pine, NC 28777 
Phone: 828-765-7169
Fax: 828-765-1616