L AS cn.. EG L o t.


Legals cont...


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 20, 2010


David A. Simpson, P.C. Substitute Trustee (704) 619-6551 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL618) 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 Jason C Reis and Stuart Reis, dated October 13, 2006 and recorded on October 18, 2006, in Book No. 4302, at Page 675 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 Court- house, Asheville, North Carolina on August 3, 2010 at 10:00 AM that parcel of land, including improve- ments thereon, situated, lying and being in the City of Candler, County of Buncombe, State of North Carolina, and being more


10-SP-173 2737


particularly described as follows: Being known and desig- nated as all of Condomin- ium Unit #107 in Building 400, along with Garage Unit #2, Building E; Garage Unit #3, Building E; Stor- age Unit #1, Building E; and Storage Unit #2, Building E, SEASONS AT BILTMORE LAKE CONDOMINIUM, as described and designated in the Declaration of Con- dominium under the North Carolina Unit Ownership Act covering said Condo- minium, recorded in Book 4269, Page 1323, and amended or supplemental declarations thereto, and in Condominium Plans recorded in Unit Ownership File 706, in the Buncombe County Registry. Said property is commonly known as 400 Vista Lake Drive, Unit 107, Candler, NC 28715 (Along with Garage Unit #2, Building E; Garage Unit #3, Building E; Storage Unit #1, Building E; and Storage Unit #2, Build- ing E). Together with the pres- ently effective undivided percentage interest in and to the common areas and facilities as described and set forth in the aforemen- tioned Declaration, refer- ence to which is hereby made for a more particular description of said common areas and facilities. Address of property: 400 Vista Lake Dr Unit #107, Candler, NC 28715 Present Record Owners: Jason C Reis and Stuart Reis 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


www.weavervilletribune.com


became effective on May 20, 2009.


Dated: March 15, 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 (WL619) 7/22 7/29


4806.0003926 / 10-SP-0268 NOTICE OF


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 Lawrence Clark, Jr. a/k/a Lawrence B. Clark, Jr. and wife, Joyce Clark a/k/a Joyce E. Clark, dated January 11, 2007 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on Janu- ary 16, 2007, in Book 4346 at Page 1851; 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 Weaverville, County of Buncombe, State of North Carolina, and being more particularly described as follows: Lying and being in Reems Creek Township, Buncombe County, North Carolina and BEING all of that property conveyed to GREGORY STEWART CLARK and wife, MELISSA PONDER CLARK by deed dated May 9th, 2003 of record in the Office of the Register of Deeds for Buncombe County, North Carolina in Book 3206 at Page 440; refer- ence to same being hereby made for a more particular description. TOGETHER WITH and SUB- JECT TO restrictions, res- ervations and easements of record. Property address:940 New Stock Road, Weaverville, NC 28787 Property


Number:PIN 9733.03-32- 5411 Address of property: 940 New Stock Road, Weaverville, NC 28787 Present Record Owners: Lawrence Clark, Jr. a/k/a Lawrence B. Clark, Jr. and and Joyce Clark a/k/a Joyce E. Clark 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


Identification


SUBSTITUTE TRUSTEE’S


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 20, 2010


David A. Simpson, P.C. Substitute Trustee By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL620) 7/22 7/29


1412 / 10-SP-0739 NOTICE OF


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 Jamie S. Berry and J. Whitcomb Rylee, dated May 5, 2006 and recorded on May 10, 2006, in Book No. 4221, at Page 355 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 Court- house, Courthouse Steps, North Carolina on August 3, 2010 at 10:00 AM that parcel of land, including 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: BEGINNING at an iron pin in the southern margin of the right of way of Olney Road in the northwest corner of Lot 2 as shown on a plat of West Asheville Estates recorded in the Registry of Deeds for Buncombe County, North Carolina in Plat Book 198, at Page 124B; thence South 1 degree 27 minutes 19 seconds East 135.1 feet to an iron pin in the western margin of the Thompson property described in a deed recorded in said Reg-


SUBSTITUTE TRUSTEE’S


istry in Deed Book 1620, at Page 721; thence with the western margin of said Thompson property and the western margin of the Kropf property described in a deed recorded in said Registry in Deed Book 1852, at Page 555 South 0 degrees 57 minutes 2 seconds East 98.98 feet to an iron pin in the northern margin of the Pinner prop- erty described in a deed recorded in said Registry in Deed Book 1863, at Page 129; thence with the northern margin of said Pinner property North 88 degrees 28 minutes West 229.49 feet to an iron pin; thence North 14 degrees 23 minutes East 101.3 feet to an iron pin; thence South 88 degrees 24 minutes East passing an iron pin at 69.99 feet a total distance of 114.99 feet to an iron pin in the southwestern corner of Lot 10 of the above-ref- erenced plat; thence with the western margin of said Lot 10 North 1 degree 27 minutes 19 seconds West 135.46 feet to an iron pin in the southern margin of the right of way of Olney Road; thence with the said southern margin South 88 degrees 24 minutes East 87.7 feet to the Point of Beginning. Containing .76 acres according to a survey by Freeland-Clinkscales & Associates dated August 27, 1998 and being the same property as that described in a deed recorded in said Registry in Deed Book 1071, at Page 267. Less and except these par- cels conveyed to Mickey Construction, LLC by deed recorded in Book 4503 at Page 777 and released by deed and partial release recorded in Book 4515 at Page 55 in the Buncombe County Public Registry. Address of property: 14 Olney Road, Asheville, NC 28806 Present Record Owners: Jamie S. Berry f/k/a Jamie B. Woerman 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: July 12, 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 (WL621) 7/22 7/29


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 George H. Beistel III, dated June 21, 2007 and recorded on June 22, 2007, in Book No. 4423, at Page 1585 in the Office of the Register of Deeds of Buncombe County, North Carolina; 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 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, Courthouse Steps, North Carolina on Tuesday, August 3, 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: LYING AND BEING IN BUN- COMBE COUNTY, NORTH CAROLINA. BEING ALL of Lot 29, Phase One of River Walk Subdivi- sion, as shown on that plat as recorded in Book 110, at Page 153, in the Office of the Register of Deeds for Buncombe County. TOGETHER WITH AND SUBJECT TO those restric- tive covenants recorded in Book 4336, at Page 44 in the Office of the Register of Deeds for Buncombe County, as the same from time to time may be amended. AND BEING a portion of that property as described in deed recorded in Book 4336, at Page 65, in the Office of the Register of Deeds for Buncombe County. Address of property: 30 Stone River Drive, Asheville, NC 28804 Present Record Owners: George H. Beistel III 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


SUBSTITUTE TRUSTEE’S


10-SP-774 NOTICE OF


1849


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: July 12, 2010


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 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL622) 7/22 7/29


FORECLOSURE SALE OF REAL PROPERTY 10 SP 780


Under and by virtue of the power and authority con- tained in that certain Deed of Trust, dated February 11, 2009, and recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4647 at Page 1324, and because of default having been made in the payment of the indebted- ness secured by said Deed of Trust and failure to do and perform the stipula- tions and agreements therein contained, and pursuant to demand of


SUBSTITUTE TRUSTEE’S


NOTICE OF


the Owner and Holder of the indebtedness secured by said Deed of Trust, the Substitute Trustee, Arlene Daley, will expose for sale at public auction to the highest bidder for cash the property therein described, to wit: See attached Exhibit A incorporated herein by ref- erence. Present Record Owner: Collier Market Holdings, LLC The terms of said sale are that the real property here- inbefore described will be sold for cash to the highest bidder and that the under- signed may require the suc- cessful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Sub- stitute Trustee tenders the bidder a Deed for the prop- erty, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable as provided in N.C.G.S. § 45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid. The real property described in the attached Exhibit “A” will be sold subject to any and all superior liens, including taxes, special assessments, rightofways, and restrictions of record. The property, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is”


without warranty. The Owner and Holder of the Note and Deed of Trust reserves the right to with- draw this Notice of Sale, without cause, until the date and time of final trans- fer of the property. The sale will be held open for ten (10) days for upset bids as by law required. Date and hour of sale: August 6, 2010 at 11:00 a.m. Place of sale: Buncombe County Court- house Steps, Asheville, North Carolina.


This the 7th day of July, 2010.


By: /s/Arlene Daley Arlene Daley Substitute Trustee 10 White Cedar Dr. Weaverville, NC 28787 POSTED BY: /s/APH DATE: 7/7/10


EXHIBIT “A” BEING all of Lots 4, 9 and 10, Section 2, as shown on a plat of Spicewood, recorded in Plat Book 108 at page 150, Buncombe County Registry. Lot 4 was acquired by Col- lier Market Holdings, LLC, by deed dated February 11, 2009 and recorded in Book 4647 at page 1322, Bun- combe County Registry. Lot 9 was acquired by Col- lier Market Holdings, LLC, by deed dated February 11, 2009 and recorded in Book 4647 at page 1320, Bun- combe County Registry. Lot 10 was acquired by Col- lier Market Holdings, LLC, by deed dated February 11, 2009 and recorded in Book 4647 at page 1318, Bun- combe County Registry. (WL623) 7/22 7/29


July 22 - July 28, 2010 - THE TRIBUNE 17


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20