Legals

Legals

EXECUTOR'S NOTICE

Having qualified on the 20th day of August 2018, as Executor of the Estate of Douglas Lee Dellinger, 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 the 20th day of November, 2018, 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 21st day of August 2018.

Carolyn Sue Dellinger
1217 Green Young Cemetery Road
Bakersville NC, 28705

#452201 8/29, 9/5, 9/12, 9/19

Legals

ADMINISTRATORS NOTICE
Having qualified on the 16th day of August, 2018, as Administrator of the Estate of Bessie K. Swann, 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 30th day of November, 2018, 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 is the 29th day of August, 2018.
Julia S. Pittman
1278 Mountain Shadows Dr.
Morganton, NC 28655

#456880 9/12, 9/19, 9/26, 10/3

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 September 28, 2018 at 11:00AM, 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

#456020 9/12, 9/19

Legals

NOTICE TO CREDITORS
Having Qualified as Executor of the Estate of Sharron Getty Clopton, deceased, late of Ormand-by-the-Sea Florida, and owning property in Mitchell County, North Carolina, the undersigned does hereby notify all persons, firms, and corporations having claims against the estate of said deceased to exhibit them to the undersigned on or before the * 12th day of December, 2018, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.
This the 6th day of September, 2018.
Jacqueline G. Rutherford
Executor of the Estate of Sharron Getty Clopton
Ile Adaramola, Esq.
The Adaramola Law Firm
One Oak Plaza, Suite 306
Asheville, NC 28801

#456920 9/12, 9/19, 9/26, 9/3

Legals

EXECUTOR'S NOTICE

Having qualified on the 10th day of September 2018, as Executor of the Estate of Doris R. Thompson, 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 the 10th day of December 2018, 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 12th day of September 2018.

Marsha T. Whitson
664 Henredon Road
Spruce Pine NC, 28777

#457691 9/19, 9/26, 10/3, 10/10

Legals

NOTICE OF FORECLOSURE
Date of Sale: October 2, 2018
Time of Sale: 12:30 p.m.
Place of Sale: Mitchell County Courthouse
Description of Property: See Attached Description
Record Owners: Kirt Douglas Wilson and Deborah G. Wilson
Address of Property: 611 Camelot Drive Bakersville, NC 28705
Deed of Trust:
Book : 562 Page: 709
Dated: October 2, 2015
Grantors: Kirt Douglas Wilson and wife, Deborah G. Wilson
Original Beneficiary: State Employees' Credit Union
CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45 ) per One Hundred Dollars ($100.00) required by N.C.G.S. 7A-308(a)(1).

This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Residential real 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 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 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 not 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. 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.
Dated: 8/7/18Philip A. Glass, Substitute Trustee
Nodell, Glass & Haskell, L.L.P.
posted on 8/15/18

Exhibit A

BEGINNING on an iron set, the same being located in the center of an existing private access road and running with the line of Lot #25 N S 13 35 E 20.31 feet to an iron pin set; thence S 13 35 E 275.87 feet to an iron pin set; thence leaving the line of Lot #25 and running with Lot #54 S 73.31 W 208.16 feet to an iron pin set; thence S 73 31 W 78.42 feet to an iron pin set, common corner with Lot #55 and Lot #23; thence with the line of Lot #23 N 24 33 W 169.96 feet to an iron pin set; thence N 49 54 W 49.68 feet to an iron pin set; common corner with Lots #7, 8 and 23; thence with the lne of Lot #7 N 79 48 E 50.80 feet to an iron pin set; thence N 31 23 E 69.12 feet to an iron pin set; thence N 63 48 E 51.61 feet to an iron pin set; thence N. 83 46 E 174.04 feet to the point of BEGINNING, containing 2.27 acres and being Lot #24 of Camelot Estates as shown on Map by Robert E. Grindstaff, RLS #L-1294, dated May 20, 1985 and being Map #585128.
This conveyance is made subject to Restrictions as set out in Book 188, Page 248, Mitchell County Registry.

PIN: 0871-0057-3565
Property Address: 611 Camelot Dr Bakersville, NC 28705

#454846 9/19, 9/26

Legals

PUBLIC HEARING NOTICE
Section 5311 (ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof.
This is to inform the public that a public hearing will be held on the proposed 5311 Community Transportation Program Application to be submitted to the North Carolina Department of Transportation no later than November 2, 2018. The public hearing will be held on TUESDAY October 2, 2018, 6:05 PM at 26 Crimson Laurel Circle Bakersville, NC 28705 before the Mitchell County Board of Commissioners.
Those interested in attending the public hearing and needing either auxiliary aids and services under the Americans with Disabilities Act (ADA) or a language translator should contact Kathy Young on or before September 28th, 2018, at telephone number 828-688-2319 or via email at kathy.young@mitchellcounty.org.
The Community Transportation Program provides assistance to coordinate existing transportation programs operating in Mitchell County as well as provides transportation options and services for the communities within this service area. These services are currently provided using Demand Response Services. Services are rendered by 5 Conversions, 4 minivans and 5 Light Transit Vehicles.
The total estimated amount requested for the period July 1, 2019 through June 30, 2020
Project
Total AmountLocal Share
Administrative
$ 164,106$ 24,617 (15%)
Operating (5311)
$ 0
$ 0 (50%)
Capital (Vehicles & Other)
5310 Operating
$ 87,220
$0 $ 8,478
$0 (10%)
(50%)
Other ___________________
TOTAL PROJECT

$ 0
$ 251,326$ 0
$ 33,095 ( %)
Total Funding RequestTotal Local Share
This application may be inspected at Mitchell County Transportation 73 Crimson Laurel Circle, Suite 7 Bakersville, NC 28705 from 7:30Am to 5:30PM Monday - Friday. Written comments should be directed to Director Sheila Blalock 73 Crimson Laurel Circle, Suite 7 Bakersville, NC 28705 before September 28, 2018.

#458471 9/19

The MItchell News

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