TRIBUNE LEGALS
default in the payment conditions will be 3. The real property dent Deed of Trust except said plats being made 9. Additional Notice ways, and restrictions
Legals
Having qualified as of the indebtedness announced at the sale. to be sold is generally P.O. Box 8942 as specifically set forth for a more particular Where the Real Prop- of record. The prop-
Executor of the Estate of secured thereby and The sale will be held described as 138 High Asheville, NC 28814 above. It is the intention description of said Lot erty is Residential with erty, together will all
cont...
Dollie Clark, deceased, failure to carry out and open for ten (10) days Cliffs Trail, Black Moun- Phone: 828-253-9063 to extinguish any and all 50. Less Than 15 Rental buildings, fixtures and
late of Buncombe perform the stipula- for upset bids as by law tain, NC 28711 and (L237) 3/19 3/26 rights or interests in the Units: An order for pos- improvements thereon,
County, North Caro- tions and agreements required. described as follows: property subordinate to TOGETHER WITH AND session of the property is being sold “as is,
lina, this is to notify all contained therein and, BEING all of Lot (8) the Deed of Trust. SUBJECT TO all ease- may be issued pursu- where is” without war-
persons, firms and cor- pursuant to demand If the Trustee is unable HIGH CLIFFS AT STATE OF NORTH ments, restrictions and ant to G.S. 45-21.29 in ranty.
STATE OF NORTH porations having claims of the owner and to convey title to this ROUND MOUNTAIN CAROLINA 9. Additional Notice rights of ways of record favor of the purchaser
CAROLINA against said deceased holder of the indebt- property for any reason, SUBDIVISION as shown COUNTY OF Where the Real Prop- and a non-exclusive and against the party The Owner and Holder
COUNTY OF to exhibit them to the edness secured by the sole remedy of the a plat duly recorded at BUNCOMBE erty is Residential with appurtenant easement or parties in possession of the Note and Deed
BUNCOMBE undersigned on or said Deed of Trust, the purchaser is the return Plat Book 92 at Page File No: 09 SP 95 Less Than 15 Rental for ingress, egress and by the Clerk of Superior of Trust reserves the
NOTICE TO before the 25th day undersigned Substitute of the deposit. Rea- 26, Buncombe County NOTICE OF SALE Units: An order for pos- regress is conveyed Court of the County in right to withdraw this
CREDITORS of June, 2009, or this Trustee will place for sons of such inability Registry, reference to session of the property over and upon all pri- which the property is Notice of Sale, without
notice will be pleaded sale, at public auction, to convey include, but which is hereby made TAKE NOTICE THAT: may be issued pursu- vate subdivision right of sold. Any person who cause, until the date
Having qualified as in bar of their recovery. to the highest bidder are not limited to, the and incorporated for Raintree Realty and ant to G.S. 45-21.29 in way easements for The occupies the property and time of final trans-
Administrator of the All persons, firms and for cash at the usual filing of a bankruptcy a greater certainty of a Construction, Inc., favor of the purchaser Settings of Black Moun- pursuant to a rental fer of the property.
Estate of Richard E. corporations indebted place of sale at Bun- petition prior to the description. Substitute Trustee, has and against the party tain as shown on the agreement entered
Koon, deceased, late to said estate will make combe County Court- sale and reinstatement BEING all of Lot (8) begun proceedings to or parties in possession above-described plats into or renewed on or The sale will be held
of Buncombe County, immediate payment. house, in Asheville, of the loan without HIGH CLIFFS AT FORECLOSE under the by the Clerk of Superior and to the Covenants, after October 1, 2007, open for ten (10) days
North Carolina, this is North Carolina at the knowledge of the ROUND MOUNTAIN Deed of Trust described Court of the County in Conditions and Restric- may, after receiving the for upset bids as by law
to notify all persons, This the 26th day of 10:00 AM on Tuesday, Trustee(s). If the valid- SUBDIVISION as shown below, and by under which the property is tions for The Settings Notice of Sale, terminate required.
firms and corporations March, 2009 March 31, 2009, that ity of the sale is chal- on a plat duly recorded and by virtue of the sold. Any person who of Black Mountain as the rental agreement
having claims against parcel of land, includ- lenged by any party, at Plat Book 98 at Page power of sale con- occupies the property recorded in Book 3993, upon 10 days’ written Date and hour of sale:
said deceased to exhibit George Clark, Executor ing improvements the Trustee(s), in their 159, Buncombe County tained in such Deed pursuant to a rental at Page 34 of the Bun- notice to the landlord. April 2, 2009 at 11:00
them to the under- Estate of Dollie Clark thereon, situated, lying sole discretion, if they Registry, reference to of Trust, and an Order agreement entered combe County, NC Upon termination of a a.m.
signed on or before the 278 Monte Vista Rd. and being in the City believe the challenge to which is hereby made entered by the Clerk of into or renewed on or Registry (hereinafter rental agreement, the
19th day of June, 2009, Candler, NC 28715 of Candler, County of have merit, may declare for a greater certainty Superior Court of the after October 1, 2007, “Declarations”). tenant is liable for rent Place of sale: Bun-
or this notice will be (433) 3/26 4/2 4/9 Buncombe, State of the sale to be void and of a description. above County, will sell may, after receiving the due under the rental combe County Court-
pleaded in bar of their 4/16 North Carolina, and return the deposit. The Any property described the below described Notice of Sale, terminate TOGETHER WITH AND agreement prorated to house Steps, Asheville,
recovery. All persons, being more particularly purchaser will have no in the Deed of Trust property at public auc- the rental agreement SUBJECT TO all ease- the effective date of the North Carolina.
firms and corporations STATE OF NORTH described as follows: further remedy. which is not being tion as follows: upon 10 days’ written ments as described in termination.
indebted to said estate CAROLINA offered for sale is notice to the landlord. Deed Book 3947, at This the 26th day of
will make immediate COUNTY OF BEING all that lot described as follows: 1. The instrument pur- Upon termination of a Page 552 of said reg- THIS the 3rd day of February, 2009.
payment. BUNCOMBE labeled “Revised Lot 7” Additional Notice Subject to any and suant to which such rental agreement, the istry. March, 2009.
NOTICE TO shown on Plat entitled “ Where the Real Prop- all Release Deeds of sale will be held is that tenant is liable for rent SUBJECT TO a twenty ROBERTS & STEVENS,
This the 19th day of CREDITORS Recombination Subdivi- erty is Residential With Record in the Bun- certain Deed of Trust due under the rental (20) foot wide shared SUBSTITUTE TRUSTEE: P.A.
March, 2009 sion for Tweed Realty, Less Than 15 Rental combe County, North executed by J. Edward agreement prorated to driveway easement as RAINTREE REALTY AND
Having qualified as Inc.” duly recorded in Units: Carolina Registry. Shirley Construction, the effective date of the shown on Plat recorded CONSTRUCTION, INC. By: William Richard
Christopher K. Koon, Executrix of the Estate the Office of the Reg- Inc., original mort- termination. in Plat Book 96, at Page By: Boyd, Jr.
Administrator of Eveline M. Cowan, ister of Deeds for Bun- An order for possession 4. Any buildings located gagor, and recorded 163 of the aforesaid A. Robert York, Presi- William Richard Boyd,
Estate of Richard E. deceased, late of Bun- combe County, North of the property may on the above-described in the Office of the THIS the 3rd day of registry for ingress, dent Jr., Substitute Trustee
Koon combe County, North Carolina in Plat Book be issued pursuant to property are also Buncombe County Reg- March, 2009. egress and regress to P.O. Box 8942 474 Mountain Cove Rd.
30 Hillside Drive Carolina, this is to notify 119, Page 47, reference G.S. 45-21.29 in favor included in the sale. ister of Deeds in Deed Settings Boulevard. Asheville, NC 28814 Waynesville, NC 28786
Fairview, NC 28730 all persons, firms and to which is hereby of the purchaser and of Trust Book 4005, at SUBSTITUTE TRUSTEE: The Shared Driveway Phone: 828-253-9063
(430) 3/19 3/26 4/2 corporations having made for purposes of a against the party or 5. The property will be Page 709. The record RAINTREE REALTY AND will be for the benefit (L239) 3/19 3/26 EXHIBIT A
4/9 claims against said more particular descrip- parties in possession sold by the Substitute owner of such prop- CONSTRUCTION, INC. of Lots 48 and 49 (the
deceased to exhibit tion. The real property by the clerk of superior Trustee to the highest erty, as reflected on the Sharing Lots) and shall In the Town of Black
STATE OF NORTH them to the under- hereby conveyed is court of the county in bidder for CASH. The records of the Register By: be maintained through NOTICE OF Mountain, Black Moun-
CAROLINA signed on or before the all of Lot 7 of Liberty which the property is highest bidder will be of Deeds not more than A. Robert York, Presi- The Settings of Black TRUSTEE’S tain Township, Bun-
COUNTY OF 25th day of June, 2009, Oaks subdivision as sold. Any person who required to deposit IN ten (10) days prior to dent Mountain Association, FORECLOSURE SALE combe County
BUNCOMBE or this notice will be shown on a plat thereof occupies the property CASH with the Substi- posting this Notice of P.O. Box 8942 Inc. with the costs of OF REAL PROPERTY
NOTICE TO pleaded in bar of their recorded in said Regis- pursuant to a rental tute Trustee at the date Sale, if not the original Asheville, NC 28814 maintaining said shared 09 SP 36 BEING ALL of Lot 65
CREDITORS recovery. All persons, ter’s Office in Plat Book agreement entered and time of the sale the mortgagors, is: N/A Phone: 828-253-9063 driveway assessed as shown to contain 0.245
firms and corporations 44 at Page 198 and all into or renewed on or greater of five percent (L238) 3/19 3/26 Special Assessments to Under and by virtue of acres as described in
Having qualified as indebted to said estate that lot labeled “AREA- after October 1, 2007, (5.0%) of the amount of 2. The property will be the Sharing Lots pursu- the power and author- the subdivision plat of
Executor of the Estate will make immediate 0.19 ACRE” shown on may, after receiving the the bid or Seven Hun- sold by the Substitute ant to Section 8.5 of the ity contained in that Phase 1-The Settings
of Alfred Winchester payment. plat entitled “Survey for notice of sale, terminate dred Fifty and no/100 Trustee at 10:00 a.m. STATE OF NORTH Covenants, Conditions certain Deed of Trust, of Black Mountain by
Wakeman, late of Bun- Larry Tweed” recorded the rental agreement Dollars ($750.00). on the 1st day of April, CAROLINA and Restrictions as set dated January 11, 2006, Eric S. McAbee PLS
combe County, North This the 26th day of in said Register’s Office upon 10 days’ written 2009 at the Buncombe COUNTY OF forth herein. and recorded in the recorded in Plat Book
Carolina, this is to notify March, 2009 in plat Book 60 at Page notice to the landlord. 6.All bidders bid for the County Courthouse BUNCOMBE Office of the Register 96 Page 192 et seq.;
all persons, firms and 125, reference to said Upon termination of a property AS IS on the door in the City of File No: 08 SP 1299 BEING a portion of that of Deeds for Buncombe and being a portion of
corporations having Nancy Thomas, Execu- plats being hereby rental agreement, the date of sale. Absolutely Asheville, North Caro- NOTICE OF SALE property conveyed to County, North Caro- the property described
claims against the estate trix made for purposes of tenant is liable for rent no warranties are made lina. The Settings of Black lina, in Book 4165 at in a General Warranty
of the said deceased Estate of Eveline M. further description. due under the rental as to the condition, TAKE NOTICE THAT: Mountain, LLC a Geor- Page 179, and because Deed from Georgia
to exhibit them to the Cowan agreement prorated to value or title of the prop- 3. The real property Raintree Realty and gia limited liability com- of default having been Greer Honeycutt to The
undersigned P.O. Box 132 TOGETHER WITH AND the effective date of the erty. While the Substi- to be sold is generally Construction, Inc., pany by deed recorded made in the payment Settings of Black Moun-
Hot Springs, NC 28743 SUBJECT TO the ben- termination. tute Trustee believes described as Lot #17 Substitute Trustee, has in Book 3947, Page of the indebtedness tain LLC dated and
Katharine W. Forline, (434) 3/26 4/2 4/9 efits and burdens of the title to be good, High Cliffs at Round begun proceedings to 552 of the Buncombe secured by said Deed of recorded March 9, 2005
Executor 4/16 (i) that thirty (30) foot Dated: March 10, 2009 all bidders are advised Mountain, Black Moun- FORECLOSE under the County, NC Registry. Trust and failure to do in Record Book 3947
c/o William A. Barnes, Right of Way for ingress, that they should obtain tain, NC 28711 and Deed of Trust described Any property described and perform the stipu- Page 552. Together
Jr., Attorney STATE OF NORTH egress, and regress David A. Simpson, P.C. independent counsel described as follows: below, and by under in the Deed of Trust lations and agreements with and subject to
Post Office Box 1123 CAROLINA crossing the above Substitute Trustee to examine record title BEING all of Lot 17 and by virtue of the which is not being therein contained, and easements, restrictions
Weaverville, North Car- COUNTY OF described real property as the property is sold as shown on a plat power of sale con- offered for sale is pursuant to demand of and rights of way of
olina 28787 BUNCOMBE which thirty (30) foot Attorney at Law subject to prior record recorded in Plat Book tained in such Deed described as follows: the Owner and Holder record described in the
NOTICE TO Right of Way is shown Kellam & Pettit, P.A. interests. The Note- 96, Page 170, Bun- of Trust, and an Order Subject to any and of the indebtedness above referenced plat,
on or before the 20th CREDITORS on said plat recorded Attorneys for the Substi- holder has reserved the combe County Regis- entered by the Clerk of all Release Deeds of secured by said Deed Record Book 3947 Page
day of June, 2009, in Plat Book 60 at Page tute Trustee right to withdraw the try. Superior Court of the Record in the Bun- of Trust, the Substitute 552, and in the Declara-
or this Notice will be Having qualified as 125 and is more par- (L236) 3/19 3/26 sale up to and until the Any property described above County, will sell combe County, North Trustee, William Richard tion of Covenants Con-
pleaded in bar of their Administrator of the ticularly described in Deed is delivered by the in the Deed of Trust the below described Carolina Registry. Boyd, Jr., will expose for ditions and Restrictions
recovery. All persons Estate of Alice Mabel that Deed of Easement Substitute Trustee. which is not being property at public auc- sale at public auction for The Settings of Black
indebted to said estate Albin, deceased, late recorded in said Reg- STATE OF NORTH offered for sale is tion as follows: 4. Any buildings located to the highest bidder Mountain recorded
will please make imme- of Buncombe County, ister’s Office in Deed CAROLINA 7. The property will described as follows: on the above-described for cash the property in Record Book 3993
diate payment. North Carolina, this is Book 1341 at Page COUNTY OF be sold subject to all Subject to any and 1. The instrument pur- property are also therein described, to Page 34.
to notify all persons, 3; and (ii) that Road BUNCOMBE unpaid taxes and spe- all Release Deeds of suant to which such included in the sale. wit:
This the 17th day of firms and corporations Maintenance Agree- File No: 09 SP 94 cial assessments. Record in the Bun- sale will be held is that PIN #0618.01-38-9179
March, 2009 having claims against ment for Liberty Oaks NOTICE OF SALE combe County, North certain Deed of Trust 5. The property will be See attached Exhibit A (L240) 3/19 3/26
William A. Barnes, Jr. said deceased to exhibit Subdivision recorded 8. The property being Carolina Registry. executed by Edward sold by the Substitute incorporated herein by
Attorney for the Execu- them to the under- in said Register’s Office TAKE NOTICE THAT: sold is all of that prop- J. Heberlein, a legally Trustee to the highest reference.
tor signed on or before the in Deed Book 1231 at Raintree Realty and erty described in the 4. Any buildings located separated man, as bidder for CASH. The NOTICE OF
(431) 3/19 3/26 4/2 25th day of June, 2009, Page 385. Construction, Inc., Deed of Trust except on the above-described stated in a Separation highest bidder will be Present Record Owner: TRUSTEE’S
4/9 or this notice will be Substitute Trustee, has as specifically set forth property are also and Property Settle- required to deposit IN Mwb Construction and FORECLOSURE SALE
pleaded in bar of their begun proceedings to above. It is the intention included in the sale. ment Agreement dated CASH with the Substi- Development Corp. OF REAL PROPERTY
STATE OF NORTH recovery. All persons, Address of property: FORECLOSE under the to extinguish any and all February 9th, 2005, tute Trustee at the date 09 SP 35
CAROLINA firms and corporations 5 Whispering Oaks Deed of Trust described rights or interests in the 5. The property will be original mortgagor, and time of the sale the The terms of said sale
COUNTY OF indebted to said estate Drive, Candler, NC below, and by under property subordinate to sold by the Substitute and recorded in the greater of five percent are that the real prop- Under and by virtue of
BUNCOMBE will make immediate 28715 and by virtue of the the Deed of Trust. Trustee to the highest Office of the Bun- (5.0%) of the amount of erty hereinbefore the power and author-
NOTICE TO payment. power of sale con- bidder for CASH. The combe County Regis- the bid or Seven Hun- described will be sold ity contained in that
CREDITORS Present Record tained in such Deed 9. Additional Notice highest bidder will be ter of Deeds in Deed dred Fifty and no/100 for cash to the high- certain Deed of Trust,
This the 26th day of Owners: C h a r l e s of Trust, and an Order Where the Real Prop- required to deposit IN of Trust Book 4176, at Dollars ($750.00). est bidder and that dated November 22,
Having qualified as March, 2009 D. Purcell and Sharon entered by the Clerk of erty is Residential with CASH with the Substi- Page 1235. The record the undersigned may 2006, and recorded
Administratrix of the L. Purcell and Liberty Superior Court of the Less Than 15 Rental tute Trustee at the date owner of such prop- 6. All bidders bid for the require the successful in the Office of the
Estate of Jerry Lee Thomas Lee Albin, Oaks Homeowners above County, will sell Units: An order for pos- and time of the sale the erty, as reflected on the property AS IS on the bidder at the sale to Register of Deeds for
Pate, deceased, late Administrator Association the below described session of the property greater of five percent records of the Register date of sale. Absolutely immediately deposit Buncombe County,
of Buncombe County, Estate of Alice Mabel property at public auc- may be issued pursu- (5.0%) of the amount of of Deeds not more than no warranties are made cash or a certified check North Carolina, in Book
North Carolina, this is Albin The terms of the sale are tion as follows: ant to G.S. 45-21.29 in the bid or Seven Hun- ten (10) days prior to as to the condition, in the amount of five 4321 at Page 1861,
to notify all persons, 7111 Hopeton Rd. that the real property favor of the purchaser dred Fifty and no/100 posting this Notice of value or title of the prop- (5%) percent of the and because of default
firms and corporations Charlotte, NC 28210 hereinbefore described 1. The instrument pur- and against the party Dollars ($750.00). Sale, if not the original erty. While the Substi- last bid or $750.00, having been made in
having claims against (435) 3/26 4/2 4/9 will be sold for cash suant to which such or parties in possession mortgagors, is: N/A tute Trustee believes whichever is greater. the payment of the
said deceased to exhibit 4/16 to the highest bidder. sale will be held is that by the Clerk of Superior 6. All bidders bid for the the title to be good, Any successful bidder indebtedness secured
them to the under- The Substitute Trustee certain Deed of Trust Court of the County in property AS IS on the 2. The property will be all bidders are advised shall be required to by said Deed of Trust
signed on or before the 903.0000022 reserves the right to executed by J. Edward which the property is date of sale. Absolutely sold by the Substitute that they should obtain tender the full balance and failure to do and
25th day of June, 2009, 09-SP-0102 require a cash deposit Shirley Construction, sold. Any person who no warranties are made Trustee at 10:00 a.m. independent counsel purchase price so bid in perform the stipula-
or this notice will be Freddie Mac or a certified check not Inc., original mort- occupies the property as to the condition, on the 1st day of April, to examine record title cash or certified check tions and agreements
pleaded in bar of their 431982554 to exceed the greater gagor, and recorded pursuant to a rental value or title of the prop- 2009 at the Buncombe as the property is sold at the time the Substi- therein contained, and
recovery. All persons, of five percent (5%) in the Office of the agreement entered erty. While the Substi- County Courthouse subject to prior record tute Trustee tenders the pursuant to demand of
firms and corporations NOTICE OF of the amount of the Buncombe County Reg- into or renewed on or tute Trustee believes door in the City of interests. The Note- bidder a Deed for the the Owner and Holder
indebted to said estate SUBSTITUTE bid or Seven Hundred ister of Deeds in Deed after October 1, 2007, the title to be good, Asheville, North Caro- holder has reserved the property, or attempts of the indebtedness
will make immediate TRUSTEE’S Fifty Dollars ($750.00). of Trust Book 4456, at may, after receiving the all bidders are advised lina. right to withdraw the tender of such Deed. secured by said Deed
payment. FORECLOSURE SALE In the event that the Page 46. The record Notice of Sale, terminate that they should obtain sale up to and until the Should the successful of Trust, the Substitute
OF REAL PROPERTY Owner and Holder is owner of such prop- the rental agreement independent counsel 3. The real property Deed is delivered by the bidder fail to pay the full Trustee, William Richard
This the 26th day of exempt from paying erty, as reflected on the upon 10 days’ written to examine record title to be sold is generally Substitute Trustee. balance of the purchase Boyd, Jr., will expose for
March, 2009 UNDER AND BY VIRTUE the same, the success- records of the Register notice to the landlord. as the property is sold described as Lot 50 The price bid, the bidder sale at public auction
of the power and ful bidder may also be of Deeds not more than Upon termination of a subject to prior record Settings, Black Moun- 7. The property will shall remain liable as to the highest bidder
Rachel Pate Boone, authority contained required to pay revenue ten (10) days prior to rental agreement, the interests. The Note- tain, NC 28711 and be sold subject to all provided in N.C.G.S. for cash the property
Administratrix in that certain Deed stamps on the Trustee’s posting this Notice of tenant is liable for rent holder has reserved the described as follows: unpaid taxes and spe- § 45-21.30(d) and (e). therein described, to
Estate of Jerry Lee Pate of Trust executed and Deed, any Land Trans- Sale, if not the original due under the rental right to withdraw the BEING all of LOT 50, cial assessments. The owner and holder wit:
2651 Ewart Wilson delivered by Charles fer Tax, and the tax mortgagors, is: N/A agreement prorated to sale up to and until the Phase 1, as shown on of the indebtedness
Road D. Purcell and Sharon required by N.C.G.S. the effective date of the Deed is delivered by the plat of THE SETTINGS 8. The property being secured by the Deed of See attached Exhibit A
Burnsville, NC 28714 L. Purcell, dated §7A-308 (a) (1). 2. The property will be termination. Substitute Trustee. OF BLACK MOUN- sold is all of that prop- Trust may make a credit incorporated herein by
(432) 3/26 4/2 4/9 November 1, 2006 sold by the Substitute TAIN, recorded in Plat erty described in the bid. reference.
4/16 and recorded in the The real property here- Trustee at 10:00 a.m. THIS the 3rd day of 7. The property will Book 96, at Page 163, Deed of Trust except
Office of the Regis- inabove described is on the 1st day of April, March, 2009. be sold subject to all said plat being one as specifically set forth The real property Present Record Owner:
STATE OF NORTH ter of Deeds of Bun- being offered for sale 2009 at the Buncombe unpaid taxes and spe- of a series of plats for above. It is the intention described in the Mwb Construction and
CAROLINA combe County, North “AS IS, WHERE IS” and County Courthouse SUBSTITUTE TRUSTEE cial assessments. Phase 1 recorded in to extinguish any and all attached Exhibit “A” will Development Corp.
COUNTY OF Carolina, recorded on will be sold subject door in the City of RAINTREE REALTY AND Plat Book 96, at Pages rights or interests in the be sold subject to any
BUNCOMBE November 1, 2006, to all superior liens, Asheville, North Caro- CONSTRUCTION, INC. 8. The property being 162 through 164 of the property subordinate to and all superior liens, The terms of said sale
NOTICE TO in Book 4310 at Page unpaid taxes, and spe- lina. By: sold is all of that prop- Buncombe County, NC the Deed of Trust. including taxes, special
CREDITORS 1635; and because of cial assessments. Other A. Robert York, Presi- erty described in the Registry, reference to assessments, rightof-
Continued
on page 38
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Mar 26 - Apr 1, 2009 THE TRIBUNE 37
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