Legals

Legals

EXECUTOR'S NOTICE
Having qualified on the 20th day of August, 2019 as Executor of the estate of Gerald Dean McMahan, deceased, late of Mitchell County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 20th day of September, 2019 or this notice will be plead in bar of their recovery. All persons, firms and corporations indebted to said Estate will please make immediate settlement.
This the 20th day of August 2019.
Paulette McMahan (Executor)
647 Town Mountain Rd #206
Asheville, NC 28804
8/28, 9/4, 9/11, 9/18/2019
AD# 529384

Legals

NOTICE TO CREDITORS
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK
FILE 19-E-159
NORTH CAROLINA, MITCHELL COUNTY
IN THE MATTER OF THE ESTATE OF
John Michael Cavanaugh aka Michael J. Cavanaugh, Deceased

Having qualified as Ancillary Executor of the Estate of John Michael Cavanaugh aka Michael J. Cavanaugh deceased, late of Richland County, South Carolina, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before, November 28, 2019, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 28th day of August, 2019.
Jeanne Cavanaugh, Ancillary Executor
c/o: Strauss & Attorneys, PLLC
77 Central Avenue, Suite F
Asheville, NC 28801
828-258-0994
Ad# 529765
8/28, 9/4, 9/11, 9/18/2019

Legals

EXECUTOR'S NOTICE
Having qualified on the 15th day of August, 2019 as Executor of the estate of Laura Kay Simerly, deceased, late of Carter County, Tennessee, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 26th day of November, 2019 or this notice will be plead in bar of their recovery. All persons, firms and corporations indebted to said Estate will please make immediate settlement.
This the 28th day of August 2019.
Jess Simerly (Administrator)
c/o Michaelle Poore, Attorney
PO Box 850
Newland, NC 28657
828.733.3802
8/28, 9/4, 9/11, 9/18/2019
AD# 528900

Legals

NOTICE OF SERVICE
OF PROCESS
OF PUBLICATION.
STATE OF NORTH CAROLINA BEFORE THE CLERK
OF SUPERIOR COURT
COUNTY OF MITCHELLFILE NO. 19 SP 30
JAMES M. ELLIS, Administrator of the Estate of Vergie Rice,
Petitioner,vs.
Heirs of Vergie Rice, Heirs of Ethel Ledford, Heirs of Ronald Sanders, Heirs of Barbara Sanders, Heirs of any predeceased heirs listed herein, all heirs by and through Timothy J. Tyson in his capacity as Guardian Ad Litem, Linda Rice Morgan, Pat Doe 1, Frances Rice, Pat Doe 2, Rachel Rice, Pat Doe 3, Eva Rice, Pat Doe 4, Eddie Rice, Pat Doe 5, Ricky Rice, Pat Doe 6, Bobby Rice, Pat Doe 7, Judy Rice, Pat Doe 8, Darnell Rice, Pat Doe 9, Rosemary Rice, Pat Doe 10, Elizabeth Rice, Pat Doe 11, Johnny Rice, Pat Doe 12, Nancy Rice, Pat Doe 13, Donna Rice, Pat Doe 14, Patricia Rice, Pat Doe 15, Phillip Rice, Pat doe 16, Edgar Rice, Pat Doe 17, Jeffrey Rice, Pat Doe 18,
Responde to Vergie Rice, Heirs of Ethel Ledford, Heirs of Ronald Sanders, Heirs of Barbara Sanders, Heirs of any predeceased heirs listed herein, all heirs by and through Timothy J. Tyson in his capacity as Guardian Ad Litem, Linda Rice Morgan, Pat Doe 1, Frances Rice, Pat Doe 2, Rachel Rice, Pat Doe 3, Eva Rice, Pat Doe 4, Eddie Rice, Pat Doe 5, Ricky Rice, Pat Doe 6, Bobby Rice, Pat Doe 7, Judy Rice, Pat Doe 8, Darnell Rice, Pat Doe 9, Rosemary Rice, Pat Doe 10, Elizabeth Rice, Pat Doe 11, Johnny Rice, Pat Doe 12, Nancy Rice, Pat Doe 13, Donna Rice, Pat Doe 14, Patricia Rice, Pat Doe 15, Phillip Rice, Pat doe 16, Edgar Rice, Pat Doe 17, Jeffrey Rice, Pat Doe 18
Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows Petition for Possession, Custody, and Control, pursuant to N.C.G.S. 28A-13-3(c), and Determination of Heirs of Vergie Rice.
You are required to make defense to such pleading not later than October 14, 2019 and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought. A hearing is set for October 16, 2019 at 11:00 am in this matter.
This the 29th day of August, 2019.
James M. Ellis, NC State Bar 23087Stone & Christy, P.A.
110 N. Dougherty St., Black Mountain, NC 28711
(828) 669-7642 Ext 2240
james@stoneandchristy.com
AD# 531433
9/04; 9/11; 9/18/2019

Legals

NOTICE OF SERVICE
OF PROCESS
BY PUBLICATION
STATE OF NORTH CAROLINA BEFORE THE CLERK OF SUPERIOR COURT
COUNTY OF MITCHELLFILE NO. 19 SP 29
JAMES M. ELLIS, Administrator of the Estate of Ethel Ledford,
Petitioner, vs. Heirs of Ethel Ledford, Heirs of Vergie Rice, Heirs of Ronald Sanders, Heirs of Barbara Sanders, Heirs of any predeceased heirs listed herein, all heirs by and through Timothy J. Tyson in his capacity as Guardian Ad Litem, Linda Rice Morgan, Pat Doe 1, Frances Rice, Pat Doe 2, Rachel Rice, Pat Doe 3, Eva Rice, Pat Doe 4, Eddie Rice, Pat Doe 5, Ricky Rice, Pat Doe 6, Bobby Rice, Pat Doe 7, Judy Rice, Pat Doe 8, Darnell Rice, Pat Doe 9, Rosemary Rice, Pat Doe 10, Elizabeth Rice, Pat Doe 11, Johnny Rice, Pat Doe 12, Nancy Rice, Pat Doe 13, Donna Rice, Pat Doe 14, Patricia Rice, Pat Doe 15, Phillip Rice, Pat doe 16, Edgar Rice, Pat Doe 17, Jeffrey Rice, Pat Doe 18,
Respondents,
To:Heirs of Ethel Ledford, Heirs of Vergie Rice, Heirs of Ronald Sanders, Heirs of Barbara Sanders, Heirs of any predeceased heirs listed herein, all heirs by and through Timothy J. Tyson in his capacity as Guardian Ad Litem, Linda Rice Morgan, Pat Doe 1, Frances Rice, Pat Doe 2, Rachel Rice, Pat Doe 3, Eva Rice, Pat Doe 4, Eddie Rice, Pat Doe 5, Ricky Rice, Pat Doe 6, Bobby Rice, Pat Doe 7, Judy Rice, Pat Doe 8, Darnell Rice, Pat Doe 9, Rosemary Rice, Pat Doe 10, Elizabeth Rice, Pat Doe 11, Johnny Rice, Pat Doe 12, Nancy Rice, Pat Doe 13, Donna Rice, Pat Doe 14, Patricia Rice, Pat Doe 15, Phillip Rice, Pat doe 16, Edgar Rice, Pat Doe 17, Jeffrey Rice, Pat Doe 18, Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows Petition for Possession, Custody, and Control, pursuant to N.C.G.S. 28A-13-3(c), and Determination of Heirs of Ethel Ledford.You are required to make defense to such pleading not later than October 14, 2019 and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought. A hearing is set for October 16, 2019 at 11:00 am in this matter.
This the 28th day of August, 2019.
James M. Ellis, NC State Bar 23087Stone & Christy, P.A.
110 N. Dougherty St., Black Mountain, NC 28711
(828) 669-7642 Ext 2240
james@stoneandchristy.com AD#531413
09/04; 09/11; 09/18/2019

Legals

NOTICE OF SERVICE BY
PUBLICATION
STATE OF NORTH CAROLINAGENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO: 17JT17
COUNTY OF YANCEY
IN THE MATTER OF
B.A. HUSKINS
A Minor Child DOB: 8/17/15
Petitioner: Larry and Jeannette Allen
To:Any unknown father of a male juvenile born on 17 August, 2015, in Mitchell County, North Carolina TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled proceeding. The nature of the relief sought is a termination of your parental rights to the minor child named above pursuant to NCGS 7B-1100 et seq.. You are required to answer this Petition not later than 14 October, 2019, being 40 days from the date of the first publication of this Petition and upon your failure to do so, the Petitioners will seek the relief sought by the Petition.
This the 11th day of September, 2019.
HOCKADAY & HOCKADAY, P.A. Daniel M. Hockaday
Attorney for Petitioners
Post Office Box 65
Burnsville, NC 28714
(828) 682-7060
AD# 532498
9/11, 9/18, 9/25/2019

Legals

NOTICE OF SERVICE OF PROCESS BY PUBLICATION
North Carolina, Mitchell county
In the General Court of justice, District Court Division
19 CVD 92
Mitchell County, North Carolina Plaintiff
VS
Barbara Pittman, Gerald Ledford, Donna Ledford, Darrell Burleson, Ray Burleson, Darlene Amy Burleson, Joe Burleson, Daniel Ray Burleson and Others, Defendants
To: Joe Burleson and Daniel Ray Burleson
TAKE NOTICE:
A Civil Action captioned as above has been filed in the above-named court seeking relief against you and the others named defendants. The relief sought is for the collection of ad valorem taxes through the foreclosure. The real estate sought to be foreclosed is located at 110 valley Road, Bakersville, NC and is described in a deed to Beulah Ledford recorded in Book 189 of instruments at page 539, Mitchell County registry. Beulah Ledford died intestate and the defendants are the heirs of Beulah Ledford. Joe Burleson is the nephew of Beulah Burleson and Daniel ray Burleson is the grandnephew of Beulah Ledford. Taxes and accrued interest levied against the real estate are due and owing for the years 2011 through 2019 together with cost and attorney fees. You are required to file defense to the claim of Mitchell County no later than forty days after the September 18th, 2019. Upon your failure to do so plaintiff will apply to the court for the relief sought.
This 12th day of September 2019.
Lloyd Hise, Jr
Attorney for Plaintiff
PO BOX 743
Spruce Pine, NC 28777
9/18, 9/25,10/02/2019
AD#533846

Legals

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 Bryan Scott McFalls and Ashley McFalls to Bill Chase, Trustee(s), which was dated January 8, 2009 and recorded on January 8, 2009 in Book 484 at Page 657 and rerecorded/modified/corrected on October 4, 2013 in Book 541, Page 623, 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 October 3, 2019 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Mitchell County, North Carolina, to wit:
A 5.36 acre parcel of land located in the Grassy Creek Township of Mitchell County, North Carolina, described as follows:
BEGINNING at the Southwestern corner of the parcel at an existing iron pin, a common corner with Dean Pitman (Deed Book 213, Page 711), thence N 10 11'31" E 219.78 feet to an existing iron pin at the fence corner and a 16-inch locust; then N 43 11'50" E 237.29 feet to an existing iron pin; then N 43 11'50" E 49.12 feet to an existing iron pin; then N 35 23'10" E 92.80 feet to a set iron pin; then N 35 23'10" E 150.56 feet to an existing iron pin; then S 34 37'35" E 42.42 feet to an existing iron pin; then S 34 37'35 E 2.57 feet to a 32-inch maple at fence corner; then S 35 09'04" E 123.61 feet to a locust stump; then S 13 38'11" E 1.83 feet to a set iron pin; then S 13 38'11" E 55.57 feet to an existing iron pin; then S 13 55'45" E 84.47 feet to an existing iron pin; then S 13 49'20 E 252.97 feet to an existing iron pin; then S 13 49'20" E 2.02 feet to an unmarked point; then N 77 03'10" E 44.01 feet to a computed point; then N 87 20'28" E 41.21 feet to a computed point; then N 24 26'05" E 10.12 feet to a computed point; then N 58 14'23" E 52.39 feet to a computed point; then S 76 33'58" E 17.11 feet to a computed point; then N 73 00'22" E 16.59 feet to a computed point; then S 37 38'11" E 30.00 feet to a set iron pin; then S 37 38'11" E 63.64 feet to an existing iron pin at a 36-inch poplar; then S 78 10'16" W 247.15 feet to an existing iron pin; then S 84 41'30" W 264.00 feet to an existing iron pin; then S 89 57'00" W 285.09 feet to the point of BEGINNING containing 5.36 acres according to a survey by Keen Surveying, P.A. Map File No. 03- 131 MT, dated February 27, 2003.
ALSO CONVEYED herewith by the Grantors unto the Grantees, their heirs and assigns, are perpetual and non-exclusive easements and road rights of way to travel over and upon the existing private gravel drive leading to and from the hereinabove described premises and NCGS 1146, together with rights for ingress, egress and regress for purposes of maintaining, inspecting and repairing said roadways.
RESERVING unto the Grantors, their heirs and assigns, are perpetual and non-exclusive easements and road rights of way over, through and upon the existing private gravel driveway as it leads from NCGS 1146 to Grantors remaining property.
This conveyance is SUBJECT to road maintenance agreements in favor of First Union Mortgage Corp, Book 290, Page 170, Yancey Registry.
This conveyance is SUBJECT to road easement in favor of Jerry and Deborah Beam and Charles and Mary Yelton, Book 189, Page 71, Yancey Registry.
This conveyance is SUBJECT to any utility easements of record, including easement in favor of CP&L., Book 189, Page 517.
Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 41 Loop Road and 43 Loop Road, Spruce Pine, NC 28777. 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 Bryant Scott McFalls.
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.: 15-16356-FC02
9/18, 9/25/2019
#533224

Legals

MITCHELL COUNTY
FAIR HOUSING COMPLAINT PROCEDURE
Mitchell County has Community Development Block Grant (CDBG) projects currently in progress. The CDBG program requires that a Fair Housing plan and complaint procedure be adopted by the County.
Housing discrimination is prohibited by Title VIII of the Civil Rights Act of 1968 and by the North Carolina State Fair Housing Act. In an effort to promote fair housing and to ensure that the rights of housing discrimination victims are protected, Mitchell County has adopted the following procedures for receiving and resolving housing discrimination complaints:
1. Any person or persons wishing to file a complaint of housing discrimination in Mitchell County may do so by informing the Mitchell County Manager of the facts and circumstances of the alleged discriminatory act or practice;
2. Upon receiving a housing discrimination complaint, the Mitchell County Manager shall inform the North Carolina Human Relations Commission (Commission) about the complaint. The Mitchell County Manager shall then assist the Commission and the complainant in filing an official written housing complaint with the Commission, pursuant to the State Fair Housing Act and Title VIII;
3. The Mitchell County Manager shall offer assistance to the Commission in the investigation and conciliation of all housing discrimination complaints, which are based upon events occurring in Mitchell County.
4. The Mitchell County Manager shall publicize that the Mitchell County Manager is the local official to contact with housing discrimination complaints based upon events occurring in Mitchell County by posting this complaint procedure in the County Administration Building and Courthouse and publishing it in the local newspaper.
5. All complaints shall be acknowledged within ten (10) days of receipt.
If you have any questions about the complaint procedure or would like to register a complaint, please contact The Mitchell County Manager by mail at 26 Crimson Laurel Circle, Bakersville, NC 28705 or by phone at (828) 688-2139 or for TDD assistance call 7-1-1.
Adopted this 4th day of April, 2019.
Danny Burleson, Chairman ATTEST: Kathy Young, County Manager/Clerk to the Board
This information is available in Spanish or any other language upon request. Please contact Kathy Young at (828) 688-2139 or at 26 Crimson Laurel Circle, Bakersville, NC for accommodations for this request.
Esta informaci n est disponible en espa ol o en cualquier otro idioma bajo petici n. Por favor, p ngase en contacto con Kathy Young al (828) 688-2139 o en 26 Crimson Laurel Circle, Bakersville, NC de alojamiento para esta solicitud.
9/18/2019
AD#533374

Legals

EXECUTOR'S NOTICE
Having qualified on the 10th day of September, 2019 as Executor of the estate of Larry Dean McInturff, deceased, late of Mitchell County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 9th day of October, 2019 or this notice will be plead in bar of their recovery. All persons, firms and corporations indebted to said Estate will please make immediate settlement.
This the 9th day of September 2019.
Rebecca McInturff (Executor)
13419 HWY 197N
Green Mountain, NC 28740
9/18, 9/25, 10/02, 10/09/2019
AD# 533220

The MItchell News

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