Legals

Legals
ADMIN NOT- E WILLIS ...

Administrator's Notice
Having qualified on the 7th day of April, 2017 as Administrator of the estate of Eric Floyd Willis, 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 11 July, 2017.
All persons indebted to the estate should make immediate payment.

This the 12th day of April, 2017.

John Patrick Willis, Administrator
3175 Rabbit Hop Road
Spruce Pine, NC 28777

#333544 - 4/12, 4/19, 4/26, 5/3

Legals
FEDERAL PROGRAMS ...

This notice is to inform registered Private Schools that the Mitchell County Schools System is planning to submit an application for the following federally funded programs: Title I (Part A)-Improving Academic Achievement of Disadvantaged Students, RLIS (Rural Low Income Schools). Title II (Professional Development for Teachers, Principals and others), Title III (Language Instruction for English Language Learners), Title VI Part Part B (Individuals with Disabilities). These Federal programs make provisions for the participation of children who live in Mitchell County attendance area but are enrolled in nonprofit private schools.
In accordance with federal non-regulatory guidance guidelines on services to non-public schools, Mitchell County Schools extends an invitation to a meeting on May 16, 2017. The meeting will be at the district central office located at 72 Ledger School Road Bakersville, NC at 1 PM. During this meeting we will discuss requirements and provisions of service to private schools. Please notify Mark Hughes at Mitchell County Board of Education (828) 766-2233 or mhughes@mcsnc.org of your intent to attend. This meeting is only for those private schools within Mitchell County School attendance area and registered on the NC State Nonpublic Schools site.

#334829 - 4/19, 4/26

Legals
FORECLOSURE- BLEVINS ...

NOTICE OF
FORECLOSURE SALE
16 SP 21
Under and by virtue of the power of sale contained in a certain Deed of Trust made by David Garvin Blevins and Jacqueline English Blevins, wife, (David Garvin Blevins and Jacqueline English Blevins, both deceased)(Heirs of David Garvin Blevins: David Garvin Blevins, Jr., Dale Blevins, Oscar Samuel Blevins aka Sam Blevins, Steven Blevins aka Steve Blevins and Unknown Heirs of David Garvin Blevins) to F. Blair Williams, Trustee(s), dated the 13th day of March, 2008, and recorded in Book 472, Page 411, 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 May 5, 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:
In or near the corporate limits of the Town of Spruce Pine:
Being Lots Nos. 20, 21 and 22 in Block "B" as will appear on the map of survey of English Woods Addition to the City of Spruce Pine, North Carolina, dated April 1938 as surveyed and platted by R.L. Wiseman, Surveyor, which map is of record in the Office of the Register of Deeds for Mitchell County, North Carolina, in Book of Maps No.1 at Page _____, to which reference is hereby made for a full and complete description of the property hereby conveyed. Together with improvements located thereon; said property being located at 80 Hillcrest Circle, Spruce Pine, North Carolina.
But this land is conveyed subject to certain restrictions and conditions set forth in Deed from English Woods, Inc., to Sam English and wife, Sudie English, dated July 31st, 1945 appearing of record in Book No. 102, Page 614, Mitchell County, North Carolina Registry.
BEING the same and identical lands conveyed to Jacqueline English Blevins and David Garvin Blevins, by deed dated 14 August, 1948 from Sudie H. English, widow, said instrument being of record in Book 109, Page 467, Mitchell County North Carolina Registry.
EXCEPTING from the foregoing a small tract heretofore conveyed to Teresa Barksdale and being described as follows:
BEGINNING on an iron stake, the Northeast corner of Lot No. 22 and runs thence with the Eastern line of Lot 22, South 34 deg East 70 foot to an iron stake, the southeast corner of Lot No. 22 and the Northeast corner of Lot No. 18; thence with the southern line of Lot No. 22, South 76 deg 30 min West 57 feet to an iron stake; thence North 12 deg East 72 feet to the point of BEGINNING forming a triangle containing 1024 sq. ft. or .042 acre.
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: 1197028 (FC.FAY)

#335272 - 4/19, 4/26

Legals
FORECLOSURE- BUCHANAN ...

16 SP 74
Notice of Sale of Real Estate by Substitute Trustee State of North Carolina Mitchell County in the General Court of Justice Superior Court Division Before The Clerk in the matter of the foreclosure of the Deed of Trust of Michael R. Buchanan and Lisa H. Buchanan to Thurman E. Burnette, Trustee for United States Department of Agriculture, dated January 27, 1994 and recorded at Book 252, Page 236, Mitchell County Registry See Substitution of Trustee as recorded in Book 573, Page 377, appointing Richard J. Kania as Substitute Trustee TO: Dylan Buchanan Lisa Ann Buchanan, a/k/a Lisa H. Buchanan Regina Haney Buchanan Thomas Goddard - Guardian ad litem Unknown Heirs at Law of Michael R. Buchanan Occupant Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to United States Department of Agriculture, dated January 27, 1994, securing indebtedness in the original principal amount of $63,000.00 as recorded in Deed of Trust Book 252 at Page 236, Mitchell County Registry (hereinafter, the ''Deed of Trust''), and because of the default of Debtor in the payment of the indebtedness thereby secured and the failure of Debtor to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Mitchell County, North Carolina, entered in this foreclosure proceeding, the undersigned, Richard J. Kania, Substitute Trustee, will expose for sale at public auction on May 1, 2017 at 10:00 AM at the Mitchell County Courthouse at the usual place of sale designated by the Mitchell County Clerk, Bakersville, the real property in Snow Creek Township, Mitchell County, North Carolina (including any improvements thereon) with the address of 338 Hamburg Rd, Bakersville, NC 28705, and as described as follows: LYING AND BEING IN SNOW CREEK TOWNSHIP, MITCHELL COUNTY, NORTH CAROLINA: BEGINNING ON AN IRON PIN LOCATED S 01 48' 24" E 60.05 feet FROM THE SOUTHWEST CORNER OF A TWO STORY BRICK AND FRAME DWELLING LOCATED ON THE HEREIN DESCRIBED LANDS AND RUNS THENCE N 19 30' 35" W 187.61 FEET TO AN IRON AT THE EASTERN MARGIN OF NC SR 1195; THENCE N 73 12' 55" E11.85 FEET TO AN IRON PIN: THENCE THE SAME BEARING 146.15 FEET TO A POINT IN THE CENTER OF HAMBURG CREEK; THENCE WITH THE CENTER OF THE CREEK THE FOLLOWING BEARINGS AND DISTANCES: S 04 10' 32" E 15.93 FEET; S 21 46' 12" E 45.06 FEET; S 43 06' 01" E 24.88 FEET: S 41 25' 44" E 32.62 FEET; S 39 00' 15" E 33.96 FEET; THENCE LEAVING THE CREEK AND RUNNING S 60 05' 47" W 17.37 FEET TO A 40 INCH POPLAR; THENCE THE SAME BEARING 174.63 FEET TO THE POINT OF BEGINNING. CONTAINING 0.64 OF AN ACRE BY COORDINATE GEOMETRY. AND BEING THE SAME LANDS AS SHOWN ON PLAT OF SURVEY BY WILLIAM E. ARROWOOD, RLS DATED 21 DECEMBER 1993 AND BEING DRAWING NUMBER 93-M- 03-346. The Substitute Trustee may, in his sole discretion, delay the sale for up to one hour as provided by N.C.G.S. 45-21.23. The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner of the above-described real property as reflected on the records of the County Register of Deeds not more than ten (10) days prior to the posting of this Notice is: Dylan Buchanan Lisa Ann Buchanan Regina Haney Buchanan Unknown Heirs at Law of Michael R. Buchanan 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 County Clerk of Superior Court. Pursuant to N.C.G.S. 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per cent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the 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 the time, he shall remain liable on his bid as provided for in N.C.G.S. 45-21.30(d) and (e). Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. 7A-308(a)(1). This sale will be held open ten (10) days for upset bids as required by law. If the Substitute 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 by an owner or debtor prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in his sole discretion, if he believes 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. Any person who occupies the property pursuant to a bona fide lease or tenacy may have additional rights pursuant to Title VII of 5.896, ''Protecting Tenants at Foreclosure Act'' which became effective on May 20, 2009. Additional Notice Where the Real Property Is Residential with less than 15 Rental Units: 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. The notice shall also state that 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. This the 20th day of March, 2017. Richard J. Kania Substitute Trustee 600-A Centrepark Drive Asheville, North Carolina 28805 (828) 252-8010.

#334420 - 4/19, 4/26/17

Legals
FORECLOSURE- WILLIS ...

16 SP 75
Notice of Sale of Real Estate by Substitute Trustee State of North Carolina Mitchell County in the General Court of Justice Superior Court Division Before The Clerk in the matter of the foreclosure of the Deed of Trust of Wadie R. Willis and Loretta L. Willis to Thurman E. Burnette, Trustee for United States Department of Agriculture, dated October 21, 1994 and recorded at Book 259, Page 553, Mitchell County Registry See Substitution of Trustee as recorded in Book 573, Page 598, appointing Richard J. Kania as Substitute Trustee TO: Loretta L. Willis Occupant Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to United States Department of Agriculture, dated October 21, 1994, securing indebtedness in the original principal amount of $80,000.00 as recorded in Deed of Trust Book 259 at Page 553, Mitchell County Registry (hereinafter, the ''Deed of Trust''), and because of the default of Debtor in the payment of the indebtedness thereby secured and the failure of Debtor to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Mitchell County, North Carolina, entered in this foreclosure proceeding, the undersigned, Richard J. Kania, Substitute Trustee, will expose for sale at public auction on May 1, 2017 at 10:00 AM at the Mitchell County Courthouse at the usual place of sale designated by the Mitchell County Clerk, Bakersville, the real property in Snow Creek Township, Mitchell County, North Carolina (including any improvements thereon) with the address of 412 Bear Creek Church Rd, Bakersville, NC 28705, and as described as follows: Lying and being in Snow Creek Township, Mitchell County, North Carolina: BEGINNING on an iron pin at the eastern edge of a driveway leading to the residence on these premises, said iron pin being located S 86 51' 47" W 14.66 feet from a concrete right of way monument in the northeastern right of way margin of NCSR 1194 and runs thence N 51 03' 54" W 158.27 feet to an iron pin; thence N 32 11' 03" E 196.02 feet to an iron pin, a corner to Tommy Willis and Roger Frye; thence N 34 47' E 44.42 feet to an iron pin; thence S 35 50' 43" E 146.90 feet to a 36" White Pine: thence N 89 19' 59" W 23.21 feet to an iron pin; thence S 23 59' 23" E 73.76 feet to an iron pin; thence S 68 45' W 60.77 feet to an iron pin at a maple tree; thence S 03 10' W 62.70 feet to an iron pin; thence S 51 45' W 50.10 feet to the point of BEGINNING, containing 0.79 acres. RESERVING from the above described lands easement for NCSR 1194 which may encroach upon the southern portion of said lands. Being the same lands as shown on plat of survey by Carl A. Reeves, Jr., RLS dated 12 August 1994 and bearing map no. 940812B. The Substitute Trustee may, in his sole discretion, delay the sale for up to one hour as provided by N.C.G.S. 45-21.23. The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner of the above-described real property as reflected on the records of the County Register of Deeds not more than ten (10) days prior to the posting of this Notice is: Loretta L. Willis 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 County Clerk of Superior Court. Pursuant to N.C.G.S. 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per cent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the 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 the time, he shall remain liable on his bid as provided for in N.C.G.S. 45-21.30(d) and (e). Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. 7A-308(a)(1). This sale will be held open ten (10) days for upset bids as required by law. If the Substitute 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 by an owner or debtor prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in his sole discretion, if he believes 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. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896, ''Protecting Tenants at Foreclosure Act'' which became effective on May 20, 2009. Additional Notice Where the Real Property Is Residential with less than 15 Rental Units: 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. The notice shall also state that 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. This the 20th day of March, 2017. Richard J. Kania Substitute Trustee 600-A Centrepark Drive Asheville, North Carolina 28805 (828) 252-8010.

#334524 - 4/19, 4/26

Legals
IDEA-PART B, 17/18 ...

Public Notice: The Individuals with Disabilities Education Act (IDEA-Part B, Public Law 108.446) Project is presently being amended. The project describes the special education programs that Mitchell County Schools proposes for Federal funding for the 2017-2018 school year. Interested persons are encouraged to review amendments to the Project and make comments concerning the implementation of special education under this Federal Program. All comments will be considered prior to submission of the amended Project to the North Carolina Department of Public Instruction in Raleigh, North Carolina. The IDEA-Part B Project is open to the public for review and comments during the week of May 15-19, 2017 in the office of Mark Hughes, Director of Exceptional Children Programs, located at the Mitchell County Central Office Complex, 72 Ledger School Road, Bakersville, NC 28705.

#334832 - 4/19, 4/26

The MItchell News

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