Weaverville Tribune 0829 - July 22

Asheville/Weaverville 277-1760 Hendersonville 697 - 2932

To Advertise: To Advertise:

Asheville/Weaverville 277-1760 Hendersonville 697-2932

Legals

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of Gordon Bryant Metcalf, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the under- signed on or before the 20th day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and cor- porations indebted to said estate will make immediate payment.

This the 1st day of July, 2010

Eppie Imogene Rice Met- calf, Executor Estate of Gordon Bryant Metcalf 67 Green Oak Road Asheville, NC 28804 (WCN637) 7/1 7/8 7/15 7/22

STATE OF NORTH CAROLINA COUNTY OF

HENDERSON NOTICE TO CREDITORS

Having qualified as co-exec- utors of the estate of Marjo- rie J. Heise, deceased, late of Buncombe County, North Carolina, this is to notify all person, firms and corpora- tions having claims against the estate of said deceased to exhibit them to the undersigned on or before the 20th day of Octo- ber, 2010 or this Notice will be pleaded in bar of their recovery. All person indebted to said estate will please make immediate payment.

This, the 1st day of July, 2010.

Thomas J. Heise and Candice A. Heise, Co- Executors Estate of Marjorie J. Heise c/o Stephen Barnwell, Attorney at Law PO Box 236 Skyland, NC 28776 (WCN638) 7/1 7/8 7/15 7/22

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of Donald Luther Burnette, Sr., deceased, late of Bun- combe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 15th day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 8th day of July, 2010

Donald Luther Burnette Jr., Executor Estate of Donald Luther Burnette Sr. 96 Church Street Weaverville, NC 28787 (WCN639) 7/8 7/15 7/22 7/29

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of Marga- ret D. Frisbee, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the under- signed on or before the 15th day of October, 2010, or this notice will be pleaded in bar of their recovery. All

persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 8th day of July, 2010

Cleve L. Reese, Executor Estate of Margaret D. Frisbee 106 Dublin Lane Hendersonville, NC 28792 (WCN640) 7/8 7/15 7/22 7/29

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Admin- istratrix of the Estate of Everette Roy Conley, deceased, late of Bun- combe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 15th day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 8th day of July, 2010

Geneva P. Conley, Admin- istratrix Estate of Everette Roy Conley 43 Fulton Street Asheville, NC 28801 (WCN641) 7/8 7/15 7/22 7/29

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Louise N. Coscia, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 15th day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 8th day of July, 2010

Florine F. Coscia, Executrix c/o Margret Lollis, Attorney Post Office Box 1123 Weaverville, North Carolina 28787 (WCN642) 7/8 7/15 7/22 7/29

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate ofJames Sims McElduff, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the undersigned on or before the 22nd day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 15th day of July, 2010

Katherine Ann Triplett, Executrix Estate of James Sims McElduff 175 McDaris Cove Road Weaverville, NC 28787 (WCN643) 7/15 7/22 7/29 8/5

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Co- Executrix of the Estate of Roy Julius Smith, deceased, late of Bun-

combe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 22nd day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 15th day of July, 2010

Sharon Louise Autrey, Co- Executrix Estate of Roy Julius Smith 14 Gentle Breeze Lane Asheville, NC 28805 Wanda Jean Lunsford, Co- Executrix Estate of Roy Julius Smith 85 Tunnel Road Suite 12-A-252 Asheville, NC 28805 (WCN644) 7/15 7/22 7/29 8/5

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Helen S h e lt o n- K uyke n d a l l , deceased, late of Bun- combe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 29th day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 22nd day of July, 2010

Sandra Shelton-Rollings, Executrix Estate of Helen Shelton- Kuykendall 1201 Fieldcrest Lane Clarksville, TN 37043 (WCN645) 7/22 7/29 8/5 8/12

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Charles Earle Watts, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 29th day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 22nd day of July, 2010

Judy Ann Watts, Executrix Estate of Charles Earle Watts 30 Mount Carmel Drive Asheville, NC 28806 (WCN646) 7/22 7/29 8/5 8/12

COURT OF JUSTICE DISTRICT COURT DIVISION

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE

COUNTY OF BUNCOMBE, A Body Politic and Corporate, Plaintiff vs. MARY LEE ANGEL BROOKS; RUBY JEAN ANGEL GRIF- FIN; AUDREY NORRIS EDMONDS; PEGGY NORRIS CHEEK; ALICE NORRIS WIGHT; TONY HENSON; TIMOTHY

ESTATE OF JAMES WIL- LIAM ANGEL; UNKNOWN HEIRS OF JAMES WILLIAM ANGEL; FLOYD LEE ANGEL; ESTATE OF ROBERT DANIEL ANGEL; UNKNOWN HEIRS OF ROBERT DANIEL ANGEL; RICHARD EDWARD ANGEL

EUGENE ANGEL; and KEN- NETH FRANKLIN

16 THE TRIBUNE - July 22 - July 28, 2010 E D WA R D HENSON; 09 CVD 6064 IN THE GENERAL

ANGEL, Owners Defendants NOTICE OF SERVICE OF PROCESS BY PUBLICA- TION

To: Peggy Norris Cheek Last Known Address: 25 Florida Avenue Asheville, NC 28806 Alice Norris Wight Last Known Address: Luther Road Candler, NC 28715

TAKE NOTICE that a plead- ing seeking relief against you has been filed in the aboveentitled action in the County of Buncombe, and notice of service of process by publication begins on July 1, 2010. The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property (Parcel ID # 9618-86-8855 known as 580 Deaverview Road) described through legal description at Deed Book 1536 at Page 213 of the Buncombe County Registry, which is more completely described in the Complaint. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property. You are required to defend such pleading no later than forty (40) days after the date of the first Publica- tion of Notice stated above, exclusive of such date, being forty days after July 1, 2010, which is August 10, 2010, and upon your failure to do so, the party seeking service of process by publication will apply to the court for the relief sought.

THIS the 22nd day of June, 2010.

ROBERTS & STEVENS, P. A. /s/Marjorie R. Mann Marjorie R. Mann Attorney for Plaintiff P.O. Box 7647 Asheville, NC 28802 Telephone: (828)252-6600 Facsimile: (828)210-6554 N.C. Bar No.:13202 (WL606) 7/1 7/8 7/15

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE

In the Matter of the Fore- closure of the Deed of Trust executed by Bou- levard Development Group, LLC, Grantor, to Southland Associates, Inc., Original Trustee, As recorded in Book 4536, Page 1072 of the Buncombe County Public Registry. See Substitution of Trustee which Substitutes Marjorie R. Mann as Substitute Trustee in the place and stead of Origi- nal Trustee, as recorded in Book 4778, Page 1705 of the Buncombe County Public Registry.

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVI- SION 10-SP-688 NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY

Pursuant to the power and authority contained in the Deed of Trust from Boule- vard Development Group, LLC to Southland Associ- ates, Inc. (the “Original Trustee”) for the benefit of SunTrust Bank recorded in Book 4536, Page 1072 of the Buncombe County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described in Exhibit A attached to the Deed of Trust (which description is fully incorpo- rated herein by reference), together with all rights, privileges and appurte- nances thereto (the “Prop- erty”). The record owner of the Property as reflected by the records of the Regis- ter of Deeds of Buncombe County not more than ten (10) days prior to the posting of this Notice was Boulevard Development Group, LLC. The Property will be sold

T I U E L AS RB N EG L

subject to any and all superior mortgages, deeds of trust and liens, includ- ing, without limitation, the lien of unpaid taxes and assessments, easements, conditions, restrictions and matters of record. The Property will be sold “AS IS, WHERE IS.” Nei- ther the Substitute Trustee nor the holder of the Note secured by the Deed of Trust, nor the officers, directors,

employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note make any representa- tion or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabili- ties arising out of or in any way relating to any such conditions expressly are disclaimed. Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). 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 suc- cessful 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 Sections 45-21.30(d) and (e). In addition to the pur- chase price so bid any suc- cessful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale. The sale will be held open for ten (10) days for upset bids as by law required. DATE OF SALE: JULY 20, 2010 HOUR OF SALE: 11:00 a.m. PLACE OF SALE: Buncombe County Court- house

This the 18th day of June, 2010.

/s/Marjorie R. Mann Marjorie R. Mann, Substi- tute Trustee Roberts & Stevens, P.A. BB&T Building, Suite 1100 One West Pack Square Asheville, North Carolina 28801 Telephone: (828) 252- 6600 (WL609) 7/8 7/15

AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S

FORECLOSURE SALE OF REAL PROPERTY

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by James Kevin Jones, and wife, Teresa Jones, dated April 2, 2003 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on April 11, 2003, in Book 3168 at Page 220, and modified on February 1, 2007; and because of default in the payment of the indebted- ness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Sub- stitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Buncombe County Courthouse, in Asheville, North Carolina at 10:00 AM on Tuesday, July 27, 2010, that parcel of land, includ-

8805.0000239 09-SP-1409

attorneys,

ing improvements thereon, situated, lying and being in the City of Candler, County of Buncombe, State of North Carolina, and being more particularly described as follows: BEING ALL OF LOT NUMBER 7, CHARLES A. JONES SR. PROPERTY, AS PER PLAT THEREOF RECORDED AT PLAT BOOK 82, PAGE 100, BUNCOMBE COUNTY REGISTRY. REF- ERENCE TO SAID PLAT IS HEREBY MADE FOR A MORE PERFECT DESCRIP- TION OF SAID LOT. MOBLE HOME: 1998 OAKWOOD 3701 SERIAL NUMBER H0NC07709436AB Address of property: 67 Old Trull Road , Candler, NC 28714 Present Record Owners: James Kevin Jones and Teresa Jones The terms of the sale are that the real property here- inbefore described will be sold for cash to the high- est bidder. 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 ten- dered in the form of certi- fied funds at the time of the sale.In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property herein- above described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other condi- tions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. 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 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 his sole discretion, if he believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: 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 the notice of sale, terminate the rental agree- ment upon 10 days’ writ- ten notice to the landlord. 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. 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.

Dated: July 14, 2010

David A. Simpson, P.C. Substitute Trustee (704) 619-6551 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL614) 7/15 7/22

FORECLOSURE SALE OF REAL PROPERTY

SUBSTITUTE TRUSTEE’S

10-SP-0530 NOTICE OF

521

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Lisa W. Jones and Bennie C. Jones, dated January 4, 2008 and recorded on January 8, 2008, in Book No. 4509, at Page 363 in the Office of the Register of Deeds of Buncombe County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipu- lations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Sub- stitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Buncombe County Courthouse, Courthouse Steps, North Carolina on July 27, 2010 at 10:00 AM that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Asheville, County of Buncombe, State of North Carolina, and being more particularly described as follows: BEING all of Lot 8 as shown on a plat entitled “Loyd King and Jim Medford” as recorded in Plat Book 49, Page 36, Buncombe County Registry of Deeds, refer- ence to which is hereby made for a more particular description of same. TOGETHER WITH AND SUBJECT TO those rights of way, easements and restrictive covenants as recorded in the Buncombe County, North Carolina Register’s Office; reference to which is hereby made and incorporated herein. Being that property described in Deed Book 3930 at Page 20 of Bun- combe County, NC Regis- ter’s Office; reference to which is hereby made and incorporated for a more particular description of said property. Address of property: 16 Timber Lane, Asheville, NC 28806 Present Record Owners: Lisa W. Jones and Bennie C. Jones The terms of the sale are that the real property here- inbefore described will be sold for cash to the high- est bidder. 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. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property herein- above described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other condi- tions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this prop- erty for any reason, the sole remedy of the pur- chaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy peti- tion prior to 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 its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: 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 the notice of sale, terminate the rental agree- ment upon 10 days’ writ- ten notice to the landlord. 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. 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.

Dated: June 28, 2010

Posted: Witness: Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C., Substitute Trustee By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for David A. Simpson, P.C., Substitute Trustee 2701 Coltsgate Road, Suite 300 Charlotte, NC 28211-3594 (704) 697-5809 (WL615) 7/15 7/22

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF NORTH CAROLINA

BUNCOMBE COUNTY

In the General Court of Jus- tice District Court Division Laralyn Corey v. James Corey, 10 CVD 3479 To: James Corey Take notice that a pleading seeking relief against you has been filed in the above- entitled action. The nature of the relief being sought is as follows: Absolute Divorce. You are required to make defense to such pleading no later than the 25th of August, 2010, and upon your failure to do so, the party seeking service against you will apply to the court for the relief sought.

This, the 15th of July, 2010.

Alexander J. Gomes Attorney for Plaintiff Pisgah Legal Services P.O. Box 2276 Asheville, NC 28802 (WL616) 7/15 7/22 7/29

STATE OF NORTH CAROLINA

COURT OF JUSTICE SUPERIOR COURT DIVISION

2010 SP 367

IN THE MATTER OF THE FORECLOSURE OF THAT DEED OF TRUST RECORDED IN BOOK 2016, AT PAGE 190-197 ON OCTOBER 28, 1998 JOHN E. AVERY, JR. and Spouse of John E. Avery, Jr. (if any) Grantor, TO: STEPHEN C. WILKIE, SUB- STITUTE TRUSTEE

NOTICE OF SALE, FORE- CLOSURE

Attention: YOU ARE HEREBY NOTIFIED THAT THE TRUSTEE UNDER THE ABOVE REFERENCED DEED OF TRUST HAS INITI- ATED FORECLOSURE PRO- CEEDINGS. PURSUANT TO: THE PROCEDURE SET FORTH UNDER N.C.G.S. § 45-21; THE POWER OF SALE CONTAINED IN THE HEREIN REFERENCED DEED OF TRUST; AND THAT ORDER ALLOWING FORECLOSURE ISSUED BY THE CLERK OF SUPE- RIOR COURT FOR BUN- COMBE COUNTY, NORTH CAROLINA, THE ACTING TRUSTEE WILL SELL THE PROPERTY DESCRIBED HEREIN. THIS NOTICE OF RESALE IS ISSUED PERSUANT TO THAT ORDER AUTHORIZ- ING RESALE ISSUED BY

IN THE GENERAL

COUNTY OF BUNCOMBE

THE CLERK OF SUPERIOR COURT ON jUNE 28, 2010.

(1) The particular real estate security interest being foreclosed is a Deed of Trust to First Union National Bank (“Original Trustee”) in favor of Asheville Sav- ings Bank, SSB (“Lender” / “Beneficiary”) dated Octo- ber 28, 1998, recorded on October 28, 1998 in Buncombe County Register of Deeds Trust Book 2016, at Page 195, securing an original principal amount of $140,000.00. A particular description of the real prop- erty foreclosed is included in the herein referenced Deed of Trust, including any fixtures and personal property affixed thereto, less and excepting any portions thereof released prior to the date of this Notice, and including any additional property pledged of record subsequent to the filing of the original Deed of Trust referenced herein. The record owner of the property, as reflected on the records of the Register of Deeds not more than Ten (10) days prior to this Notice is: John E. Avery, Jr.

(2) The Sale referenced herein will be conducted at the main entrance (or such other customary location) of the buncombe county courthouse in Asheville, NC on August 2, 2010 at 10:30 am.

(3) The property being sold hereunder is known as 12 Ballantree Drive, Asheville, NC, 28803 and specifically described as: BEING all of Lot 48, Section A of Ballantree as shown on that plat recorded in Plat Book 36, at Page 11 of the Buncombe County, NC Reg- ister’s Office; reference to which is hereby made for a more particular description of said Lot. AND BEING all of that property described in deed recorded in Deed Book 1149, at Page 119 of the Buncombe County, NC Register’s Office.

(4) The property will be sold by the Acting Trustee to the highest bidder for CASH. The highest bidder will be required to make a CASH deposit with the Trustee at the time of the bid in an amount equal to Five percent (5%) of the bid or Seven Hundred Fifty and no/100s dollars ($750.00) which ever shall be greater. The sale will be subject to upset bids for ten (10) days following the sale as required under N.C.G.S. § 45-21.27. Fol- lowing the expiration of the upset bid period the remaining balance of the bid will be immediately due in cash. Any high bidder who shall fail to tender the balance due upon the bid upon demand follow- ing the expiration of the Upset Bid period shall be personally liable on such bid in accordance with the terms set forth in N.C.G.S. § 45-20.30.

(5) All bidders bid for the property AS IS on the date of the sale, subject to any and all outstanding taxes, liens, assessments and other encumbrances which hold a superior priority position to the instrument foreclosed herein. The property being sold is all that property identified in the above referenced Deed of Trust, and specifically described in “Exhibit A.” Absolutely no warranties are made as to the condi- tion, value or title of the property sold. The high- est bidder shall assume all risk of loss, deterioration and other casualty after the date of sale.

ders are advised to retain independent counsel to examine the title for the subject property. The property may be withdrawn from sale at any time prior to delivery of a Deed to the highest bidder.

(6) In the event that the Acting Trustee shall be unable to convey title to the property for any reason, or if the sale is successfully contested for any reason, the sole remedy of the pur-

All bid-

chaser shall be the return of any deposit paid (without any accrued interest).

(7) IN the event that the property being sold here- under is a residential real property with less than 15 rental units, an order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser 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 pur- suant 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 upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of the rental agreement, the tenant is liable for the rent due under the rental agreement pro- rated to the effective date of the termination.

ISSUED June 28, 2010.

s/ Stephen C. Wilkie (SEAL) Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL617) 7/22 7/29

AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S

FORECLOSURE SALE OF REAL PROPERTY

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Alesksandr Fedun a/k/a Alex Fedun a/k/a Aleksandr Fedun wife, and Valentina Fedun, dated June 25, 2007 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on July 5, 2007, in Book 4430 at Page 1497; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agree- ments contained therein and, pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Buncombe County Court- house, in Asheville, North Carolina at 10:00 AM on Tuesday, August 3, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Fairview, County of Buncombe, State of North Carolina, and being more particularly described as follows: BEING ALL of Lot 1, of the Willows Subdivision, as shwn on a plat of record in the Buncombe County, North Carolina Register of Deeds Office, said plat being recorded at Plat Book 100 at Page 138, reference to which is hereby made for a more particular descrip- tion. BEING ALSO a portion of the property described in Deed Book 3821, at Page 173 of the aforesaid County Register’s Office. Address of property: 49 Willow Farm Road, Fairview, NC 28730 Present Record Owners: Alesksandr Fedun a/k/a Alex Fedun a/k/a Aleksandr Fedun The terms of the sale are that the real property here- inbefore described will be sold for cash to the high- est bidder. 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 ten- dered in the form of certi- fied funds at the time of the sale.In the event that the Owner and Holder or its intended assignee is

4806.0003488 09-SP-1265

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