Weaverville Tribune 0830 - July 29

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 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 cor- porations indebted to said estate will make immediate payment.

This the 8th day of July, 2010

Cleve L. Reese, Executor Estate of Margaret D. Fris- bee 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 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 corporations 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

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

www.weavervilletribune.com

Having qualified as Execu- trix of the Estate of Louis N. Coscia, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against said deceased to exhibit them to the under- signed on or before the 4th day of November, 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 29th day of July, 2010

Florine F. Coscia, Executrix c/o Margret Lollis, Attorney Post Office Box 1123 Weaverville, North Carolina 28787 (WCN647) 7/29 8/5 8/12 8/29

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Admin- istrator CTA of the Estate of Velma Wilds Henderson Hensley, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against said deceased to exhibit them to the under- signed on or before the 4th day of November, 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 29th day of July, 2010

Richard Dale Henderson, Administrator CTA Estate of Velma Wilds Hen- derson Hensley PO Box 2007 Weaverville, NC 28787 (WCN648) 7/29 8/5 8/12 8/19

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

In Re Estate of Charlene Leilani Bennett, 10 E 0997 Having qualified as admin- istrator of the estate of Charlene Leilani Bennett, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corporations having claims against Charlene Leilani Bennett or her estate 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 indebted to the deceased or her estate should make immediate payment.

This, the 29th day of July, 2010.

Cathie St. John-Ritzen Administrator, Estate of Charlene Leilani Bennett Law Office of Cathie St. John-Ritzen, PLLC P.O. Box 6337 Asheville, NC 28816 (WCN649) 7/29 8/5 8/12 8/19

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

In Re Estate of Alvin Ray Clement, 10 E 0135 Having qualified as admin- istrator of the estate of Alvin Ray Clement, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corporations having claims against Alvin Ray Clem- ent or his estate 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 indebted to the deceased or his estate should make immediate payment.

This, the 29th day of July, 2010.

Cathie St. John-Ritzen Administrator,

of Alvin Ray Clement Law Office of Cathie St. John-Ritzen, PLLC P.O. Box 6337 Asheville, NC 28816 (WCN650) 7/29 8/5 8/12 8/19

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

In Re Estate of Kirk J. Moshier, 10 E 0964 Having qualified as admin- istrator of the estate of Kirk J. Moshier, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corporations having claims against Kirk J. Moshier or his estate 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 indebted to the deceased or his estate should make immediate payment.

This, the 29th day of July, 2010.

Cathie St. John-Ritzen Administrator,

of Kirk J. Moshier Law Office of Cathie St. John-Ritzen, PLLC P.O. Box 6337 Asheville, NC 28816 (WCN651) 7/29 8/5 8/12 8/19

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 NOTI- FIED THAT THE TRUSTEE UNDER THE ABOVE REFERENCED DEED OF TRUST HAS INITIATED FORECLOSURE PROCEED- INGS. PURSUANT TO: THE PROCEDURE SET FORTH UNDER N.C.G.S. § 45-21; THE POWER OF SALE CON- TAINED IN THE HEREIN REFERENCED DEED OF TRUST; AND THAT ORDER ALLOWING FORECLOSURE ISSUED BY THE CLERK OF SUPERIOR COURT FOR BUNCOMBE COUNTY, NORTH CAROLINA, THE ACTING TRUSTEE WILL SELL THE PROPERTY

IN THE GENERAL

COUNTY OF BUNCOMBE

Estate Estate

T I U E L AS RB N EG L

DESCRIBED HEREIN. THIS NOTICE OF RESALE IS ISSUED PERSUANT TO THAT ORDER AUTHORIZ- ING RESALE ISSUED BY 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 Savings Bank, SSB (“Lender” / “Beneficiary”) dated Octo- ber 28, 1998, recorded on October 28, 1998 in Bun- combe County Register of Deeds Trust Book 2016, at Page 195, securing an original principal amount of $140,000.00. A par- ticular description of the real property foreclosed is included in the herein referenced Deed of Trust, including any fixtures and personal property affixed thereto, less and except- ing any portions thereof released prior to the date of this Notice, and includ- ing any additional property pledged of record subse- quent to the filing of the original Deed of Trust ref- erenced 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 Register’s Office; reference to which is hereby made for a more particular descrip- tion 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.

est bidder shall assume all risk of loss, deterioration and other casualty after the date of sale.

The high-

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 All bid-

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- 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

4806.0003488 09-SP-1265

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 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 particularly described as follows: Being known and desig-

10-SP-173 2737

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 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

Identification

SUBSTITUTE TRUSTEE’S

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 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

Continued on page 16

July 29 - August 4, 2010 - THE TRIBUNE 15

SUBSTITUTE TRUSTEE’S

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