LEGALS cont...
Notice, and including any superior court of the county This the 31st day of Decem- Substitute Trustee, Seth to Christine Radford by seconds East 33.02 feet Douglas Baker, unmarried 109.10 feet to the point and
Legals
additional property pledged in which the property is By: ber, 2009. Mullinax, will expose for deed recorded in Deed to a point and North 70 dated September 13, 2001 PLACE OF BEGINNING,
of record subsequent to the sold. Any person who Seth Mullinax sale at public auction to the Book 1294, Page 340, degrees 02 minutes 00 and recorded on June 3,
cont...
filing of the original Deed occupies the property pur- Substitute Trustee By: highest bidder for cash the Buncombe County Registry seconds East 213.96 feet 2003 in Book 3238 at Page BEING and containing all of
of Trust referenced herein. suant to a rental agreement 450 Windswept Ridge Rd. Seth Mullinax property therein described, and running thence North to the point and place of 318, Buncombe County, 0.17 acres more or less.
The record owner of the entered into or renewed on Canton, NC 28716 Substitute Trustee to wit: 35 degrees 24 minutes BEGINNING, and being North Carolina Register of
property, as reflected on or after October 1, 2007, 450 Windswept Ridge Rd. 33 seconds West 84.40 all of that tract conveyed Deeds. BEING the same property
If the validity of the sale is the records of the Register may, after receiving the EXHIBIT A Canton, NC 28716 See attached Exhibit A feet to an existing iron pin; to Carlton Radford et ux. conveyed in Deed Book
challenged by any party, of Deeds not more than notice of sale, terminate incorporated herein by ref- thence South 80 degrees by deed recorded in Deed TRACT 3: 2094 at Page 159 as
the Trustee, in his sole Ten (10) days prior to this the rental agreement upon BEING all of Lot 1B as EXHIBIT “A” erence. 16 minutes 14 seconds Book 1428 Page 365 Bun- BEGINNING at a point in recorded in the Buncombe
discretion, if he believes Notice is: Altura Communi- 10 days’ written notice to shown on a Plat for The West 224.15 feet to a point; combe County Registry. the southwest comer of County, North Carolina
the challenge to have merit, ties, LLC. the landlord. The notice Asheville Area Habitat for TRACT 2: Present Record Owner: the Northeastern corner of property described in Deed Registry.
may declare the sale to be shall also state that upon Humanity recorded in Plat BEGINNING at an iron pin Ridgeview Mortgage Asso- Tract 2 as described on the All the above calls were Book 1428 at Page 365;
void and return the deposit. (2) The Sale referenced termination of the rental Book 102 at Page 117 of the at the southeastern corner ciates, Inc. deed to Jeffery E. Johnston taken from a survey entitled then North 88 degrees ALSO BEING that same
The purchaser will have no herein will be conducted at agreement, the tenant is Buncombe County Regis- of the property conveyed et al., said deed recorded “Survey for Jeffrey E. John- 20 minutes 56 seconds property as conveyed
further remedy. the main entrance (or such liable for the rent due under try, NC, reference to which to Christine Radford by The terms of said sale are in Deed Book 1996, Page ston and C. Douglas Baker West 88.28 feet to a point; from Jeffery E. Johnston,
other customary location) the rental agreement pro- is hereby made for a more deed recorded in Deed that the real property here- 203; thence with Johnston, prepared by Freeland- thence North 06 degrees unmarried to C. Douglas
Additional Notice Where the of the BUNCOMBE county rated to the effective date particular description and Book 1294, Page 340, inbefore described will be South 19 degrees 11 min- Clinkscales & Associates, 25 minutes 45 seconds Baker, unmarred, recorded
Real Property is Residential courthouse in Asheville, of the termination. being part of the property Buncombe County Registry sold for cash to the highest utes 50 seconds East 109.1 dated 10/16/1997. West 90.04 feet to a point; on June 3, 2003 in Book
With Less Than 15 Rental NC on January 29, 2010 at conveyed to Asheville Area and running thence North bidder and that the under- feet to a point in the line of thence North 79 degrees 3238 at Page 330 of the
Units: 1:00pm. ISSUED January 7, 2010. Habitat for Humanity, Inc. 35 degrees 24 minutes signed may require the suc- Tract 1 as described in the ALSO BEING all that prop- 59 minutes 50 seconds Buncombe County, North
by Deed dated November 33 seconds West 84.40 cessful bidder at the sale to deed to Johnston; thence erty conveyed by a Non- East 63.42 feet to a point; Carolina Register of Deeds
An order for possession of (3) The property being sold Stephen C. Wilkie, Acting 1, 2004, recorded in Book feet to an existing iron pin; immediately deposit cash with said Tract 1, South Warranty Deed from Jeffery thence South 19 degrees Office.
the property may be issued hereunder is known as 999 Trustee 3828 at Page 511, Bun- thence South 80 degrees or a certified check in the 88 degrees 23 minutes 20 E Johnston unmarried to C 11 minutes 50 seconds East (WL457) 1/21 1/28
pursuant to G.S. 45-21.29 Goodman Road, Woodfin, 285 East Allen Street combe County Registry. 16 minutes 14 seconds amount of five (5%) percent
in favor of the purchaser NC 28804, and specifically Hendersonville, NC 28792 West 224.15 feet to a point; of the last bid or $750.00,
and against the party or described as: (828) 273-9191 Subject to easements, the Northeastern corner of whichever is greater. Any
parties in possession by (WL454) 1/21 1/28 restrictions, rights of way Tract 2 as described on the successful bidder shall be
the clerk of superior court EXHIBIT A of record, and ad valorem deed to Jeffery E. Johnston required to tender the full
of the county in which LYING AND BEING IN NOTICE OF taxes. et al., said deed recorded balance purchase price
the property is sold. Any FRENCH BROAD TOWN- TRUSTEE’S (WL455) 1/21 1/28 in Deed Book 1996, Page so bid in cash or certified
person who occupies the SHIP, BUNCOMBE COUNTY, FORECLOSURE 203; thence with Johnston, check at the time the Sub-
property pursuant to a NORTH CAROLINA SALE OF REAL NOTICE OF South 19 degrees 11 min- stitute Trustee tenders the
rental agreement entered PROPERTY TRUSTEE’S utes 50 seconds East 109.1 bidder a Deed for the prop-
into or renewed on or after BEING ALL OF TRACT 2 as 09 SP 1351 FORECLOSURE feet to a point in the line of erty, or attempts tender
October 1, 2007, may, after shown on that plat recorded SALE OF REAL Tract 1 as described in the of such Deed. Should the
receiving the notice of sale, in Plat Book 100, at Page 58 Under and by virtue of PROPERTY deed to Johnston; thence successful bidder fail to
terminate the rental agree- in the Office of the Register the power and authority 09 SP 1467 with said Tract 1, South pay the full balance of the
ment upon 10 days’ written of Deeds for Buncombe contained in that certain 88 degrees 23 minutes 20 purchase price bid, the
notice to the landlord. Upon County, reference to which Deed of Trust, dated May Under and by virtue of seconds East 33.02 feet bidder shall remain liable
termination of a rental is hereby made for a more 17, 2006, and recorded in the power and authority to a point and North 70 as provided in N.C.G.S. §
agreement, the tenant is particular description. the Office of the Register contained in that certain degrees 02 minutes 00 45-21.30(d) and (e). The
liable for rent due under the of Deeds for Buncombe Deed of Trust and Security seconds East 213.96 feet owner and holder of the
rental agreement prorated ALSO BEING a portion of County, North Carolina, in Agreement, dated March to the point and place of indebtedness secured by
to the effective date of the that property described in Book 4224 at Page 755, 21, 2006, and recorded in BEGINNING, and being the Deed of Trust may make
termination. Deed Book 3887, at Page and because of default the Office of the Register all of that tract conveyed a credit bid.
637 in the Office of the having been made in the of Deeds for Buncombe to Carlton Radford et ux.
Any person who occupies Register of Deeds for Bun- payment of the indebted- County, North Carolina, in by deed recorded in Deed The real property described
the property pursuant to a combe County. ness secured by said Deed Book 4264 at Page 182, Book 1428 Page 365 Bun- in the attached Exhibit
bona fide lease or tenancy of Trust and failure to do and because of default combe County Registry. “A” will be sold subject to
may have additional rights SUBJECT TO AND and perform the stipula- having been made in the any and all superior liens,
pursuant to Title VII of TOGETHER WITH all ease- tions and agreements payment of the indebted- All the above calls were including taxes, special
5.896 - Protecting Tenants ments, rights of way, therein contained, and ness secured by said Deed taken from a survey entitled assessments, rightofways,
at Foreclosure Act which agreements and restric- pursuant to demand of of Trust and failure to do “Survey for Jeffrey E. John- and restrictions of record.
became effective on May tions of record. the Owner and Holder of and perform the stipula- ston and C. Douglas Baker The property, together will
20, 2009. the indebtedness secured tions and agreements prepared by Freeland- all buildings, fixtures and
(4) The property will be by said Deed of Trust, the therein contained, and Clinkscales & Associates, improvements thereon, is
Dated: December 29, 2009 sold by the Acting Trustee Substitute Trustee, Seth pursuant to demand of dated 10/16/1997. being sold “as is, where is”
to the highest bidder for Mullinax, will expose for the Owner and Holder of without warranty. Community Family Hair
David A. Simpson, P.C. CASH. The highest bidder sale at public auction to the the indebtedness secured ALSO BEING all that prop-
Substitute Trustee will be required to make highest bidder for cash the by said Deed of Trust, the erty conveyed by a Non- The Owner and Holder of
704) 619-6551 a CASH deposit with the property therein described, Substitute Trustee, Seth Warranty Deed from Jeffery the Note and Deed of Trust
(WL453) 1/14 1/21 Trustee at the time of the to wit: Mullinax, will expose for E Johnston unmarried to C reserves the right to with-
bid in an amount equal sale at public auction to the Douglas Baker, unmarried draw this Notice of Sale,
A full service salon in the Newfound community.
STATE OF NORTH to Five percent (5%) of See attached Exhibit A highest bidder for cash the dated September 13, 2001 without cause, until the
CAROLINA the bid or Seven Hundred incorporated herein by ref- property therein described, and recorded on June 3, date and time of final trans-
COUNTY OF Fifty and no/100s dollars erence. to wit: 2003 in Book 3238 at Page fer of the property.
Stylists:
Call for your Holiday Appointment
BUNCOMBE IN THE ($750.00) which ever shall 318, Buncombe County,
GENERAL COURT be greater. The sale will Present Record Owner: See attached Exhibit A North Carolina Register of The sale will be held open
Sherry Huffman
OF JUSTICE be subject to upset bids Curtis Ran- incorporated herein by ref- Deeds. for ten (10) days for upset
SUPERIOR COURT for ten (10) days following dell Bowman and Sarah erence. bids as by law required.
Margaret Meadows
DIVISION the sale as required under Daniels Bowman TRACT 3:
Teresa Roberts
828-683-3879
2009 SP 1062 N.C.G.S. § 45-21.27. Fol- Present Record Owner: BEGINNING at a point in Date and hour of sale:
NOTICE OF SALE, lowing the expiration of The terms of said sale are C. Douglas Baker the southwest comer of February 2, 2010 at 11:00
FORECLOSURE the upset bid period the that the real property here- property described in Deed a.m.
remaining balance of the inbefore described will be The terms of said sale are Book 1428 at Page 365; 55 Browntown Road
off Newfound Rd. behind Country Food Stores.
IN THE MATTER OF THE bid will be immediately due sold for cash to the highest that the real property here- then North 88 degrees Place of sale:
Follow signs
FORECLOSURE OF in cash. Any high bidder bidder and that the under- inbefore described will be 20 minutes 56 seconds Buncombe County Court-
THAT DEED OF TRUST who shall fail to tender signed may require the suc- sold for cash to the highest West 88.28 feet to a point; house Steps, Asheville,
RECORDED IN the balance due upon the cessful bidder at the sale to bidder and that the under- thence North 06 degrees North Carolina.
BOOK 4302, AT PAGE 548 bid upon demand follow- immediately deposit cash signed may require the suc- 25 minutes 45 seconds
ON OCTOBER 17, 2006 ing the expiration of the or a certified check in the cessful bidder at the sale to West 90.04 feet to a point; This the 31st day of Decem-
Upset Bid period shall be amount of five (5%) percent immediately deposit cash thence North 79 degrees ber, 2009.
ALTURA COMMUNITIES, personally liable on such of the last bid or $750.00, or a certified check in the 59 minutes 50 seconds
LLC bid in accordance with the whichever is greater. Any amount of five (5%) percent East 63.42 feet to a point; By:
terms set forth in N.C.G.S. successful bidder shall be of the last bid or $750.00, thence South 19 degrees Seth Mullinax
Deja Vu
TO: § 45-20.30. required to tender the full whichever is greater. Any 11 minutes 50 seconds East Substitute Trustee
balance purchase price successful bidder shall be 109.10 feet to the point and 450 Windswept Ridge Rd.
BEST AND BEST, PLLC (5) All bidders bid for the so bid in cash or certified required to tender the full PLACE OF BEGINNING, Canton, NC 28716
Women's & Childrens
AND property AS IS on the date check at the time the Sub- balance purchase price
STEPHEN C. WILKIE, SUB- of the sale, subject to any stitute Trustee tenders the so bid in cash or certified BEING and containing all of EXHIBIT “A”
Consignment Boutique
STITUTE TRUSTEE and all outstanding taxes, bidder a Deed for the prop- check at the time the Sub- 0.17 acres more or less.
liens, assessments and erty, or attempts tender stitute Trustee tenders the TRACT 1:
Attention: other encumbrances which of such Deed. Should the bidder a Deed for the prop- BEING the same property BEGINNING at a Point which
828-645-7221
hold a superior priority successful bidder fail to erty, or attempts tender conveyed in Deed Book is the Southeast corner of
YOU ARE HEREBY NOTIFIED position to the instrument pay the full balance of the of such Deed. Should the 2094 at Page 159 as property described in Deed Open 10 - 5 Mon - Fri, 10 - 4 Sat
THAT THE TRUSTEE UNDER foreclosed herein. The purchase price bid, the successful bidder fail to recorded in the Buncombe Book 1428, at Page 365,
THE ABOVE REFERENCED property being sold is all bidder shall remain liable pay the full balance of the County, North Carolina Buncombe County, North
Forks of Ivy Plaza 901-6 Old Mars Hill Hwy.
DEED OF TRUST HAS INITI- that property identified in as provided in N.C.G.S. § purchase price bid, the Registry. Carolina Registry, South
ATED FORECLOSURE PRO- the above referenced Deed 45-21.30(d) and (e). The bidder shall remain liable 08 degrees 10 minutes 30
CEEDINGS. PURSUANT of Trust, and specifically owner and holder of the as provided in N.C.G.S. § ALSO BEING that same seconds East 73.19 feet
TO: THE PROCEDURE SET described in “Exhibit A.” indebtedness secured by 45-21.30(d) and (e). The property as conveyed to a point; thence with
FORTH UNDER N.C.G.S. Absolutely no warranties the Deed of Trust may make owner and holder of the from Jeffery E. Johnston, the property described in
§ 45-21; THE POWER OF are made as to the condi- a credit bid. indebtedness secured by unmarried to C. Douglas Deed Book 1127, at Page
SALE CONTAINED IN THE tion, value or title of the the Deed of Trust may make Baker, unmarred, recorded 50 South 63 degrees 22
HEREIN REFERENCED property sold. The high- The real property described a credit bid. on June 3, 2003 in Book minutes West 177.92 feet
DEED OF TRUST; AND est bidder shall assume all in the attached Exhibit 3238 at Page 330 of the to a point; thence South
THAT ORDER ALLOWING risk of loss, deterioration “A” will be sold subject to The real property described Buncombe County, North 71 degrees 56 minutes
FORECLOSURE ISSUED and other casualty after any and all superior liens, in the attached Exhibit Carolina Register of Deeds West 150.96 feet to a point;
BY THE CLERK OF SUPE- the date of sale. All bid- including taxes, special “A” will be sold subject to Office. thence with the margin of army surplus
In the yellow
building
at the New
RIOR COURT FOR BUN- ders are advised to retain assessments, rightofways, any and all superior liens, (WL456) 1/21 1/28 US Hwy 19/23 North 13
COMBE COUNTY, NORTH independent counsel to and restrictions of record. including taxes, special degrees 08 minutes West
CAROLINA, THE ACTING examine the title for the The property, together will assessments, rightofways, NOTICE OF 132.90 feet to a point;
&
more!
Weaverville
Market
TRUSTEE WILL SELL THE subject property. The all buildings, fixtures and and restrictions of record. TRUSTEE’S thence South 88 degrees
PROPERTY DESCRIBED property may be withdrawn improvements thereon, is The property, together will FORECLOSURE 20 minutes 56 seconds Large selection of
HEREIN. from sale at any time prior being sold “as is, where is” all buildings, fixtures and SALE OF REAL East 88.28 feet to a point;
to delivery of a Deed to the without warranty. improvements thereon, is PROPERTY thence with the property
(1) The particular real highest bidder. being sold “as is, where is” 09 SP 1466 of Deed Book 1428 at Page military clothes, boots, cold
estate security interest The Owner and Holder of without warranty. 365 South 88 degrees
being foreclosed is a Deed (6) In the event that the the Note and Deed of Trust Under and by virtue of 23 minutes 20 seconds
of Trust to Best and Best, Acting Trustee shall be reserves the right to with- The Owner and Holder of the power and authority East 33.02 feet to a point;
weather gear, wet weather
PLLC (“Original Trustee”) unable to convey title to the draw this Notice of Sale, the Note and Deed of Trust contained in that certain thence North 70 degrees
in favor of F. Roger Page property for any reason, or without cause, until the reserves the right to with- Deed of Trust and Security 02 minutes East 213.96
(“Lender” / “Beneficiary”) if the sale is successfully date and time of final trans- draw this Notice of Sale, Agreement, dated March feet to the point and PLACE
gear and accessories!
dated October 17, 2006, contested for any reason, fer of the property. without cause, until the 21, 2006, and recorded in OF BEGINNING. Being and
recorded on October the sole remedy of the pur- date and time of final trans- the Office of the Register containing all of 0.705
17, 2006 in Buncombe chaser shall be the return The sale will be held open fer of the property. of Deeds for Buncombe acres more or less.
County Register of Deeds of any deposit paid (without for ten (10) days for upset County, North Carolina, in
Trust Book 4302, at Page any accrued interest). bids as by law required. The sale will be held open Book 4196 at Page 485, ALSO BEING the same
548, securing an origi- for ten (10) days for upset and because of default property as described in
nal principal amount of $ (7) IN the event that the Date and hour of sale: bids as by law required. having been made in the a Warranty Deed recorded
5,500,000.00. A particular property being sold here- February 5, 2010 at 11:00 payment of the indebted- on May 20 1999 in Book
description of the real prop- under is a residential real a.m. Date and hour of sale: ness secured by said Deed 2094 at Page 161 of the Flea
mark
et
items
also
erty foreclosed is included property with less than 15 February 2, 2010 at 11:00 of Trust and failure to do Buncombe County, North
in the herein referenced rental units, an order for Place of sale: a.m. and perform the stipula- Carolina Register of Deeds
av
ailable outside the
Deed of Trust, including possession of the property Buncombe County Court- tions and agreements Office.
.
any fixtures and personal may be issued pursuant house Steps, Asheville, Place of sale: therein contained, and
property affixed thereto, to N.C.G.S. § 45-21.29 North Carolina. Buncombe County Court- pursuant to demand of TRACT 2:
building on tables
less and excepting any in favor of the purchaser house Steps, Asheville, the Owner and Holder of BEGINNING at an iron pin
portions thereof released against the party or parties This the 4th day of Janu- North Carolina. the indebtedness secured at the southeastern corner
Located on Monticello Rd. (Exit 18 of_f future I-26)
prior to the date of this in possession by the clerk of ary, 2010. by said Deed of Trust, the of the property conveyed
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January 21 - January 27, 2010 - THE TRIBUNE 17
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