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- NASH/FRANKLI ...

Notice of Foreclosure Sale
NORTH CAROLINA
MITCHELL COUNTY
Special Proceedings
No. 17 SP 13
Substitute Trustee:
Philip A. Glass
Date of Sale: May 23, 2017
Time of Sale: 1:00 p.m.
Place of Sale: Mitchell County Courthouse
Description of Property: See Attached Description
Record Owners: Joseph Nash and Brianna Franklin (JTROS)
Address of Property:
40 Old US Hwy 19E
Spruce Pine, NC 28777

Deed of Trust:
Book : 556 Page: 529
Dated: March 19, 2015
Grantors: Joseph Nash and Brianna Franklin (Both Single)
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.

EXHIBIT A
BEING that certain parcel or tract of land lying in Grassy Creek Township, Mitchell County, North Carolina and more particularly described as follows:
BEGINNING on an iron stake, the same being located on the boundary line of the lands of Alvin Ledford, said iron stake being located North 18 degrees 30 minutes East 79.98 feet from the northwest corner of the dwelling house located on the premises herein being conveyed and runs thence North 43 degrees 35 minutes East 65.82 feet to a stake; thence South 20 degrees 59 minutes East 68.80 feet to a point in the western margin of NCSR 1235 and continues with the western margin of NCSR 1235 South 29 degrees 37 minutes East 50.41 feet; South 42 degrees 02 minutes East 61.32 feet to an iron stake, the same being a corner to Mary B. Buchanan; thence leaving NCSR 1235 and runs South 26 degrees 45 minutes West 189.67 feet to an iron stake; thence North 40 degrees 29 minutes West 147.77 feet to a concrete monument located in the boundary line of Liberty Hill Baptist Church; thence North 86 degrees 38 minutes West 107.84 feet to an iron stake; thence North 9 degrees 23 minutes West 135.74 feet to a stake in the boundary line of Alvin Ledford; thence running with the boundary line of Alvin Ledford North 82 degrees 38 minutes East 176.57 feet to the point of BEGINNING, containing 1.184 acres.
LESS AND EXCEPTING a 35 acre parcel conveyed to Kenneth L. Ward and wife, Wanda G. Ward in Deed Book 213, Page 776, Mitchell County Registry.
SUBJECT TO the easement and right of way of the NC Department of Transportation as set out in Deed Book 539, Page 290, Mitchell County Registry.
BEING the same lands conveyed to Melissa McCurry in Deed Book 549, Page 614 Mitchell County Registry.
PIN 0779-47-5978
Property Address: 40 Old US Hwy 19E, Spruce Pine, NC 28777
Dated: 5/2/17
Philip A. Glass, Substitute Trustee
Nodell, Glass & Haskell, L.L.P.
Posted on 5/2/17

#340727 - 5/10, 5/17

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

The MItchell News

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