L AS cn.. EG L o t.


Legals cont...


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- 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


SUBSTITUTE TRUSTEE’S


10-SP-774 NOTICE OF


1849


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


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 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:


16 THE TRIBUNE - July 29 - August 4, 2010


SUBSTITUTE TRUSTEE’S


NOTICE OF


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


STATE OF NORTH CAROLINA


File No: 10 SP 811 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality and Con- struction, Inc, Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as follows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Carson Archie, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4397, at Page 1544. The record owner of such property, as reflected on the records of the Reg- ister of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgag- ors, is: N/A The property will be sold


COUNTY OF BUNCOMBE


by the Substitute Trustee at 1:00 p.m. on the 10th day of August, 2010 at the Court- house door in the City of Asheville, North Carolina. The real property to be sold is generally described as 23 Broadway and 25 Broad- way, Asheville, Buncombe County, NC and described as follows: TRACT I – 25 Broadway: BEGINNING at a nail set in the western edge of the right of way of Broad- way, which nail is also the


corner Tract I, as shown in a deed recorded in Deed Book 1513 at Page 437, Buncombe County Regis- try; thence running with the northern edge of said Tract I, South 76 deg. 32 min. 00 sec. West 110.00 feet to a point; thence North 12 deg. 45 min. 00 sec. West 25.15 feet to a point, which point is the southwesternmost corner of Tract II as described in Deed Book 1513 at Page 436, Buncombe County Registry; thence with the southern line of Tract II, North 76 deg. 32 min. 00 sec. East 110.00 feet to a point in the western margin of Broadway; thence with the western margin of Broadway, South 12 deg. 45 min. 00 sec. East 25.15 feet to the point and place of BEGINNING, according to that survey by Ray E. Anders, R.L.S., dated June 28, 1990 and bearing File No. 6020, which survey is incorporated herein by reference. Being the same prop- erty described in a Deed recorded in Book 4369 at Page 320, Buncombe County Registry. TRACT II – 23 Broadway: Being known as Ward 3, Sheet 1, Lot 24 of the Buncombe County Tax Maps and also known as 23 Broadway and being approximately 110 feet x 25 feet. Being that property described as First Tract in deeds recorded in Book 4372 at Page1606, Book 4369 at Page 329, Book 4369 at Page 323 and Book 4369 at Page 326. Said Tract II is also described as follows: BEGINNING at a stake in the Western margin of Broadway, said stake being located South 12 deg. 45 min. East 149.17 feet from the point where said margin of Broadway intersects with the Southern margin of Walnut Street, and runs thence South 76 deg. 32 min. West 110 feet to a stake in the Eastern margin of an open court; thence with the Eastern margin of said court, South 12 deg. 45 min. East 25 feet to a stake in the same; thence North 76 deg. 32 min. East 110 feet to a stake in the Western margin of Broadway; thence with said margin of Broadway, North 12 deg. 45 min. West 25 feet to the BEGINNING. Tract I and Tract II are also subject to the Declara- tion of Condominium for The Carson Building Con- dominium as recorded in Book 4630 at Page 961 in the Office of the Register of Deeds of Buncombe County. Also included are all equip- ment, furniture, and acces- sories located therein Any property described in the Deed of Trust which is not being offered for sale is described as follows: Sub- ject to any and all Release Deeds of Record in the Buncombe County, North Carolina Registry. Any buildings located on the above-described prop- erty are also included in the sale. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substi- tute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00). All bidders bid for the prop- erty AS IS on the date of sale. Absolutely no war- ranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bid- ders are advised that they should obtain independent


northeasternmost


counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. The property will be sold subject to all unpaid taxes and special assessments. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: An order for pos- session 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 posses- sion by the Clerk of Supe- rior 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 agreement upon 10 days’ written notice to the land- lord. 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 the Federal Protecting Tenants at Fore- closure Act which became effective May 20, 2009.


THIS the 29th day of July, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. A. Robert York, President PO Box 8942 Asheville, NC 28814-8942 Phone: 828-777-5250 (WL624) 7/29 8/5


NOTICE OF SALE OF REAL ESTATE


By authority contained in that certain Deed of Trust executed by Bluestone Venture Group, LLC as recorded in Book 4514, Page 53, of the Buncombe County Public Registry (see Appointment of Substitute Trustee as recorded in Book 4784, Page 848, of the Buncombe County Public Registry); the record owner of the property described in the said Deed of Trust being Bluestone Venture Group, LLC, default having been made in payment of the Promissory Note secured by said Deed of Trust; the said Deed of Trust being by the terms thereof subject to foreclosure; the pres- ent owner and holder of the Note having demanded foreclosure for the purpose of satisfying said debt; and by authority contained in the Order Allowing Fore- closure of Deed of Trust signed on the 12th day of July, 2010, as the result of a hearing in the foreclosure before the Clerk of Supe- rior Court (10 SP 0805); and at the request of the owner and holder of the Note secured by the afore- mentioned Deed of Trust, Marjorie Rowe Mann, Sub- stitute Trustee, will offer for sale to the highest bidder at public auction at the court- house door of the Bun- combe County Courthouse, 60 Court Plaza, Asheville, North Carolina, on August 11, 2010, at 11:00 a.m., the real estate located in the County of Buncombe, being more particularly described as follows: Being all of Lot 21, con- taining .80 acres, more or less according to plat of survey entitled “Section 2 Spicewood”, prepared by McMahan & Associ- ates, P.A., dated January 30, 2007 being Job No. 02-2705 and recorded in Plat Book 108 at Page 150 in the Buncombe County, North Carolina Register of Deeds. Property is located at: 123 Spicewood Road, Weaver- ville, NC 28787; Parcel ID# 9723-04-91- 2551.000


10 SP 0805


The sale shall be made subject to any and all taxes including taxes which are a lien against the prop- erty though not yet due or payable, and any special assessments, easements, rights of way, restrictions of record, and prior deeds of trust. The sale shall be made without warranty of any kind, including any warranty as to the physical or environmental condition of the real estate sold. An order for possession of the property may be issued pursuant to G.S. Sec. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the clerk of supe- rior 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 January 18, 2008, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. 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. The highest bidder at the sale may be required to make deposit by cash or check of up to five (5%) per- cent of the bid, or $750.00, whichever is greater, at the time the bid is accepted, and the remaining balance upon confirmation of the sale. The sale will be reported to the Court and will remain open for advance or upset bids for a period of ten (10) days. If no advance bids are filed with the Clerk of Court, the sale will be con- firmed.


THIS, the 14th day of July, 2010.


Marjorie Rowe Mann, Sub- stitute Trustee Post Office Box 7647 Asheville, NC 28802 Telephone 828-252-6600 (WL625) 7/29 8/5


NOTICE OF SALE OF REAL ESTATE


By authority contained in that certain Deed of Trust executed by Bluestone Venture Group, LLC as recorded in Book 4514, Page 79, of the Buncombe County Public Registry (see Appointment of Substitute Trustee as recorded in Book 4784, Page 852, of the Buncombe County Public Registry); the record owner of the property described in the said Deed of Trust being Bluestone Venture Group, LLC, default having been made in payment of the Promissory Note secured by said Deed of Trust; the said Deed of Trust being by the terms thereof subject to foreclosure; the pres- ent owner and holder of the Note having demanded foreclosure for the purpose of satisfying said debt; and by authority contained in the Order Allowing Fore- closure of Deed of Trust signed on the 12th day of July, 2010, as the result of a hearing in the foreclosure before the Clerk of Supe- rior Court (10 SP 0806); and at the request of the owner and holder of the Note secured by the afore- mentioned Deed of Trust, Marjorie Rowe Mann, Sub- stitute Trustee, will offer for sale to the highest bidder at public auction at the court- house door of the Bun- combe County Courthouse, 60 Court Plaza, Asheville, North Carolina, on August 11, 2010, at 11:00 a.m., the real estate located in the County of Buncombe, being more particularly described as follows: Being all of Lot 22, con- taining .83 acres, more or less according to plat of survey entitled “Section 2 Spicewood”, prepared by McMahan & Associ- ates, P.A., dated January 30, 2007 being Job No. 02-2705 and recorded in Plat Book 108 at Page 150 in the Buncombe County, North Carolina Register of Deeds. Property is located at: 117 Spicewood Road, Weaver- ville, NC 28787; Parcel ID# 9723-04-91- 2551.000


10 SP 0806


The sale shall be made subject to any and all taxes including taxes which are a lien against the prop- erty though not yet due or payable, and any special assessments, easements, rights of way, restrictions of record, and prior deeds of trust. The sale shall be made without warranty of any kind, including any warranty as to the physical or environmental condition of the real estate sold. An order for possession of the property may be issued pursuant to G.S. Sec. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the clerk of supe- rior 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 January 18, 2008, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. 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. The highest bidder at the sale may be required to make deposit by cash or check of up to five (5%) per- cent of the bid, or $750.00, whichever is greater, at the time the bid is accepted, and the remaining balance upon confirmation of the sale. The sale will be reported to the Court and will remain open for advance or upset bids for a period of ten (10) days. If no advance bids are filed with the Clerk of Court, the sale will be con- firmed.


THIS, the 14th day of July, 2010.


Marjorie Rowe Mann, Sub- stitute Trustee Post Office Box 7647 Asheville, NC 28802 Telephone 828-252-6600 (WL626) 7/29 8/5


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 Brad Whitley Wright and Susan Dail Wright, dated May 11, 2007 and recorded on May 21, 2007, in Book No. 4407, at Page 235 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 Tuesday, August 10, 2010 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Weaver- ville, County of Buncombe, State of North Carolina, and being more particularly described as follows: All that certain lot or parcel of land situated in the City of, Township, Buncombe County, North Carolina and more particularly described as follows: BEING all of Lot 3 and por- tions of Lots 2 and 4 of Section 4 as shown on a plat of DOGWOOD KNOLLS SUBDIVISION, which plat is recorded in Plat Book 40, Page 138, Records of Bun- combe County, and more particularly described as follows: BEGINNING on an iron pipe on the Southern margin of Terrace Drive, said iron pipe being the Northeast- ern corner of a tract of land conveyed to Ronald G. Fer- rigno in Deed Book 1243, Page 69, of the records of Buncombe County, and


SUBSTITUTE TRUSTEE’S


10-SP-574 NOTICE OF


449


runs thence with the East- ern boundary of the tract so conveyed to Ferrigno, South 30 deg. 41 min. 58 sec. East 54.66 feet to a point and South 23 deg. 9 min. 49 sec. East 86.38 feet to an iron pin in the Southern boundary line of Lot 2 of Section 4 as shown on the above referred to plat; thence with the Southern boundary lines of Lots 2 , 3 and 4 of Section 4 of Plat Book 40, Page 138 and the Northern bound- ary lines of Lots 11 and 12 of Section 1 of DOGWOOD KNOLLS SUBDIVISION, a plat of which is recorded in Plat Book 38, Page 50, Records of Buncombe County, North 65 deg. 47 min. 24 sec. East 57.77 feet to an iron pin at the Southeast corner of Lot 2 of Section 4 of Plat Book 40, Page 138 and North 70 deg. East 134 feet to an iron pin at the Northeastern corner of Lot 12 of Section 1, Plat Book 38, Page 50 and in the Southern boundary line of Lot 4 of Section 4 of Plat Book 40, Page 138; thence North 32 deg. 50 min. 31 sec. West 158.50 feet to an iron pin on the Southern margin Drive; thence with the Southern margin of Terrace Drive, on a curve to the left with a radius of 1070 feet, an arc distance of 172.53 feet to the place of BEGINNING. Containing .616 acres more or less, According to a survey entitled “Survey for Ronald C. Kelley and wife, Sharon F. Kelley” dated 12-18-89 and prepared by King & Summey, PA. Map No. B-722. The improvements thereon being commonly known as 90 Terrace Drive, Weaver- ville, North Carolina 28787. Being the same lot or parcel of ground which by Deed Dated January 15, 1998 and Recorded among the Land Records of Buncombe County in Book 2005 Page 489, was granted and con- veyed by Ronald C. Kelley and wife, Sharon F. Kelley, unto Susan Dail Wynegar and Brad Whitley Wright. The said Susan Dail Wyne- gar having since married, is now assuming the name of Susan Dail Wright. Address of property: 90 Terrace Drive, Weaver- ville, NC 28787 Present Record Owners: Brad Whitley Wright and Susan Dail Wright 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 19, 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 (WL627) 7/29 8/5


NOTICE OF SERVICE OF PROCESS BY PUBLICATION,


STATE OF NORTH CAROLINA, BUNCOMBE COUNTY


In the General Court of Jus- tice, District Court Division, 10 CvD 03798, COUNTY OF BUNCOMBE, a Body Politic and Corporate vs MARY A. ROEPKE, et. al. To: JOHN DOE: 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: foreclosure sale to satisfy unpaid property taxes on your interest in the property as described in the Buncombe County tax records as PIN 9720-98- 9175-00000 (formerly PIN 9720-98-9035-00000). You are required to make defense to such pleading not later than August 28, 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 26th day of July, 2010. John C. Frue, Attorney for Plaintiff, 20 Battery Park Ave, Ste 405, Asheville, NC 28801 (WL628) 7/29 8/5


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 Harley Franklin Harwood, Jr. and Rebecca Joann Harwood, dated September 9, 2004 and recorded on September 21, 2004, in Book No. 3783, at Page 207 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 10, 2010 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being


Continued on page 17


www.weavervilletribune.com


SUBSTITUTE TRUSTEE’S


10-SP-773 NOTICE OF


451


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