Legals

Legals

STATE OF NORTH CAROLINA COUNTY OF MITCHELLGENERAL COURT OF JUSTICE
DISTRICT COURT DIVISIONFILE NUMBER: 17 JT 36

NOTICE OF SERVICE BY PROCESS OF PUBLICATION

IN THE MATTER OF
B. R. HUGHES,
A Minor Child
DOB: 07/12/14

Petitioner: Bridgette Sellers

To:Any unknown fathers to a male juvenile born on or about 07/12/14 in Buncombe County, NC.

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 11 September, 2017, being 40 days from the date of the first publication of this Notice and upon your failure to do so, the petitioner will seek the relief sought by the petition.

This the 2nd day of August, 2017.
HOCKADAY & HOCKADAY, P.A.
Daniel M. Hockaday
Post Office Box 65
Burnsville, NC 28714
(828) 682-7060

#361126 - 8/2, 8/9, 8/16

Legals

ADMINISTRATOR'S NOTICE

Having qualified on the 11th day of August, 2017, as Administrator of the Estate of Mattie Jewel 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 Administrator on or before the 17th day of November, 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 16th day of August, 2017.

Lisa Waycaster
115 Hollifield St
Spruce Pine, NC 28777

#365335 - 8/16, 8/23, 8/30, 9/6

Legals

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
MITCHELL COUNTY
17SP30

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BUSTER BENNETT AND WANDA BENNETT DATED OCTOBER 25, 2010 AND RECORDED IN BOOK RE507 AT PAGE 649 IN THE MITCHELL 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 11:00AM on August 31, 2017 the following described real estate and any other improvements which may be situated thereon, in Mitchell County, North Carolina, and being more particularly described as follows:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Mitchell, STATE OF North Carolina, AND IS DESCRIBED AS FOLLOWS:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MITCHELL, STATE OF NORTH CAROLINA, AND IS DESCRIBED AS FOLLOWS:

BEGINNING ON AN IRON STAKE, THE SAME BEING A CORNER BETWEEN M.L. MCKINNEY AND HARLEY HALL: THENCE WITH HARLEY HALL LINE SOUTH 224 FEET 10 INCHES TO AN IRON STAKE, HARLEY HALL CORNER IN LLOYD BIDDLX LINE: THENCE WITH LLOYD BIDDLX AND HL MCKINNEY LINE NORTH 86 DEGREES 30 MINUTES WEST 53 FEET 6 INCHES TO AN IRON STAKE; THENCE WITH M.L. MCKINNEY LINE NORTH 20 DEGREES 30 MINUTES WEST 215 FEET 8 INCHES TO AN IRON STAKE: THENCE NORTH 57 DEGREES WEST 118 FEET II INCHES TO AN IRON STAKE ON THE SIDE OF A ROAD: THENCE SOUTH 33 DEGREES 30 MINUTES EAST 55 FEET TO AN IRON STAKE, THE POINT OF BEGINNING AND CONTAINING ONE-HALF (1/2) ACRE, MORE OR LESS

And Being more commonly known as: 116 Glendale Dr, Spruce Pine, NC 28777

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Wanda Bennett.

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 August 10, 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/
17-092772

#365271 - 8/16, 8/23

Legals

STATE OF NORTH CAROLINA
File No. 17 SP 40 (Yancey County)
COUNTIES OF YANCEY AND MITCHELL
File No: 17 SP 29 (Mitchell County)

NOTICE OF SALE

TAKE NOTICE THAT: William Richard Boyd, Jr., Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of Yancey County, will sell the below described property at public auction as follows:
1.The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Douglas R. Mallory, Kelly G. Mallory, John J. Curatelli, Jr., and Jana P. Curatelli, original mortgagors, and recorded in the Office of the Yancey County Register of Deeds in Deed of Trust Book 625, at Page 272. The Deed of Trust was also recorded in the Office of the Mitchell County Register of Deeds in Deed of Trust Book 499, at Page 900. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A
2.The property will be sold by the Substitute Trustee at 11:00 a.m. on the 24th day of August, 2017 at the Yancey County Courthouse door in the City of Burnsville, North Carolina.
3.The real property to be sold is generally described as Lot 105 Mountain Brook, Little Switzerland, NC 28749* and is more particularly described as follows:
Being all of that property described in that certain Deed of Trust recorded in Book 625, at Page 272 of the Yancey County, North Carolina Registry and Book 499, at Page 900 of the Mitchell County, North Carolina Registry.
Any property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Yancey County, North Carolina Registry and Mitchell County, North Carolina Registry.
*The general description of the property is provided for convenience but is not guaranteed; the legal description in the Deed of Trust controls.
4.Any buildings located on the above-described property are also included in the sale.
5.The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substitute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00).
6.All bidders bid for the property AS IS on the date of sale. Absolutely no warranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee.
7.The property will be sold subject to all unpaid taxes and special assessments.
8.The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust.
9.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.
10.Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units, including single-family residential real property: 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. 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.
11. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to North Carolina General Statute section 45-21.33A.

THIS the 19th day of July, 2017.

William Richard Boyd, Jr.
Substitute Trustee
474 Mountain Cove Road
Waynesville, NC 28786
Phone: 828-646-7308

#365288 - 8/16, 8/23

Legals

STATEMENT OF
NONDISCRIMINATION
This institution is an equal opportunity provider and employer.
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDAs TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;
(2) fax: (202) 690-7442; or
email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

August 2017
French Broad Electric Membership Corporation, Marshall, NC

#365013 - 8/16

The MItchell News

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