Weaverville Tribune 0813 - April 1

Asheville/Weaverville 277-1760 Hendersonville 697 - 2932

To Advertise: To Advertise:

Asheville/Weaverville 277-1760 Hendersonville 697-2932

Legals

BEFORE THE CLERK FILE 10E000224

IN THE MATTER OF THE ESTATE OF THOMAS J.

CREDITORS AND DEBTORS

Having qualified as Execu- trix of the Estate of thomas j. rousseau, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against the said Estate to present such claims to the under- signed on or before June 11th, 2010, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 11th day of March 2010.

Cynthia R. Rousseau, Executrix Estate of Thomas J. Rous- seau c/o Allen B. Koenig, Esquire Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN588) 3/11 3/18 3/25 4/1

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of Alfred Joseph Koenig, deceased, late of

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 10th day of June, 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 11th day of March, 2010

Kenneth S. Koenig, Execu- tor Estate of Alfred Joseph Koenig 17 Clement Place Asheville, NC 28805 (WCN589) 3/11 3/18 3/25 4/1

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Admin- istratrix of the Estate of J. B. Coates, deceased, late of

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 10th day of June, 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 11th day of March, 2010

Linda C. Kirkland, Admin- istratrix Estate of J.B. Coates 1801 New Stock Road Weaverville, NC 28787 (WCN590) 3/11 3/18 3/25 4/1

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of Thomas E. Williams, deceased, late of

Buncombe County, Buncombe County, Buncombe County,

ROUSSEAU, Deceased NOTICE TO

NORTH CAROLINA BUNCOMBE COUNTY

COURT OF JUSTICE SUPERIOR COURT DIVISION

IN THE GENERAL

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 10th day of June, 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 11th day of March, 2010

Jerry M. Parham, Executor Estate of Thomas E. Wil- liams 730 Old Marshall Hwy Asheville, NC 28804 (WCN591) 3/11 3/18 3/25 4/1

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of Sheel- agh F. Doster, deceased, late of

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 10th day of June, 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 11th day of March, 2010

George F. Doster, Executor Estate of Sheelagh F. Doster 254 Baird Cove Road Asheville, NC 28804 (WCN592) 3/11 3/18 3/25 4/1

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Admin- istrator of the Estate of Pearl B. Spirakis deceased, late of

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 18th day of Jume, 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 18th day of March, 2010

Theodore Spirakis, Admin- istrator Estate of Pearl B. Spirakis 166 Wellspring Lane Burnsville, NC 28714 (WCN593) 3/18 3/25 4/1 4/8

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Dorothy Henson Best, deceased, late of

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 18th day of June, 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 18th day of March, 2010

Nancy Donnell Mehaffey, Executrix Estate of Dorothy Henson Best 1221 Newfound Road Leicester, NC 28748 (WCN594) 3/18 3/25 4/1 4/8

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO

Buncombe County, Buncombe County, Buncombe County, CREDITORS

Having qualified as Admin- istrator of the Estate of Teena Marie Goodwin aka Teena B. Goodwin, deceased, late of Bun- combe 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 28th day of June, 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 25th day of March, 2010

J. Russell Goodwin, Admin- istrator Estate of Teena Marie Goodwin aka Teena B. Goodwin 8 Sunset Drive Weaverville, NC 28787 828 779-1551 (WCN595) 3/25 4/1 4/8 4/15

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Marga- ret M. Roberts, 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 28th day of June, 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 25th day of March, 2010

Betty Arrowood, Executrix Estate of Margaret M. Roberts PO Box 593 Weaverville, NC 28787 (WCN596) 3/25 4/1 4/8 4/15

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of William V. Jenkins, 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 28th day of June, 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 25th day of March, 2010

William K. Jenkins, Execu- tor Estate of William V. Jen- kins 125 Riddle Road Swannanoa, NC 28778 828-779-1299 (WCN597) 3/25 4/1 4/8 4/15

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE

NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Shirley Manley Warren, 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 28th day of June, 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 25th day of March, 2010

16 THE TRIBUNE - April 1 - April 7, 2010

Angela Warren Keeler, Executrix Estate of Shirley Manley Warren 6828 Sunnyview Drive Knoxville, TN 37914 865 933-5969 (WCN598) 3/25 4/1 4/8 4/15

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of Betty U. Holbrook, 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 28th day of June, 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 25th day of March, 2010

D. Michael Holbrook, Executor Estate of Betty U. Holbrook 167 Holbrook Rd Candler, N.C. 28715 828 665-9462 (WCN599) 3/25 4/1 4/8 4/15

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Co- Administrators of the Estate of Carl Burnice Bradley, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to present them to the undersigned or to Walter C. Carpenter, Attorney, on or before the 28th day of June, 2010, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.

This the 25th day of March, 2010

Carl Burnice Bradley, Jr. 454 Case Cove Road Candler, NC 28715 Co-Administrator

Wade Cecil Bradley 206 Mint Way Flat Rock, NC 28731 Co-Administrator

Walter C. Carpenter, Attor- ney 132 South Main Street Hendersonville, NC 28792 (WCN600) 3/25 4/1 4/8 4/15

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

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 1st day of July, 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 1st day of April, 2010

James R Ray, JR, Admin- istrator Estate of Doris Ella Ray 765 Jupiter Road Weaverville, NC 28787 (WCN601) 4/1 4/8 4/15 4/22

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Co- Executors of the Estate of

Having qualified as Admin- istrator of the Estate of Doris Ella Ray, deceased, late of

Buncombe County,

T I U E L AS RB N EG L

Gladys M Rector, 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

Phyllis B Gurley or Earl Massey, Co-Executors

C/O WILLIAM A. BARNES, JR, Attorney Post Office Box 1123 Weaverville, NC 28787

on or before the 1st day of July, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will please make immediate payment.

This the 1st day of April, 2010

Phyllis B Gurley or Earl Massey, Co-Executors Estate of Gladys M Rector C/O WILLIAM A. BARNES, JR, Attorney Post Office Box 1123 Weaverville, NC 28787 WCN602 4/1 4/8 4/15 4/22

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Vivian A. Lesko, 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

Lynette Raimondi, Execu- trix C/O WILLIAM A. BARNES, JR., Attorney Post Office Box 1123 Weaverville, NC 28787

on or before the 1st day of July, 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 1st day of April, 2010

Lynette Raimondi, Execu- trix Estate of Vivian A Lesko C/O WILLIAM A. BARNES, JR., Attorney Post Office Box 1123 Weaverville, NC 28787 (WCN603) 4/1 4/8 4/15 4/22

STATE OF NORTH CAROLINA

In Re Estate of Lola Carpenter Logan, 10 E 0287

Having qualified as admin- istrator of the estate of Lola Carpenter Logan, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corporations having claims against Lola Carpenter Logan or her estate to exhibit them to the under- signed on or before the 1st day of July, 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 1st day of April, 2010.

Cathie St. John-Ritzen Administrator, Estate of Lola Carpenter Logan Law Office of Cathie St. John-Ritzen, PLLC P.O. Box 6337 Asheville, NC 28816 (WCN604) 4/1 4/8 4/15 4/22

NORTH CAROLINA LEE COUNTY

COURT OF JUSTICE DISTRICT COURT DIVISION

FILE NO.: 10 CVD 39

MARIA ISABEL MARTINEZ vs. HUGO HERNANDEZ GODINA

TO: HUGO HERNANDEZ GODINA

IN THE GENERAL

COUNTY OF BUNCOMBE

TAKE NOTICE that a plead- ing seeking relief against you has been filed by the plaintiff in the above-ref- erenced action, the nature of the relief sought is as fol- lows: Summary Judgment Absolute Divorce.

You are required to make defense to such pleading not later than April 27, 2010 and upon your failure to do so the party seeking service against you will apply to the court for relief sought.

This the 17th day of March, 2010.s

Tiffany T. Jefferson Attorney for Maria Isabel Martinez P.O. Box 1653 Sanford, NC 27331-1653 (919) 775-5653 (WL503) 3/18 3/25 4/1

STATE OF NORTH CAROLINA

NOTICE OF SALE File No: 10SP 38

TAKE NOTICE THAT: Raintree Realty and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by 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 fol- lows:

The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Com- mercial Marketplace, Inc., original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4283, at Page 1948. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A.

The property will be sold by the Substitute Trustee at 12:30 p.m. on the 9th day of April, 2010 at the above named County Courthouse door in the City of Asheville, North Carolina.

The real property to be sold is generally known as Lot 2 at Beaver Drive, Asheville, NC, and is described as follows:

Being all of Lot 2, inclusive, as is shown on that plat entitled “Survey for Dean Pistor”, as is recorded in Plat Book 121 at Page 24 of the Buncombe County, North Carolina Registry, reference to which plat is hereby made and incorpo- rated.

The above described parcel is being conveyed TOGETHER WITH AND SUBJECT TO those rights of way and easements as shown on that above refer- enced Plat and those rights of way, easements and restrictive covenants as are recorded in the Buncombe County, North Carolina Register’s Office, reference to which is hereby made and incorporated.

And being a portion of Tract B as is described in that deed recorded in Deed Book 2744 at Page 136 of the aforesaid Registry, ref- erence to which are hereby made and incorporated. Any property described in the Deed of Trust which is not being offered for sale is described as follows: N/A. 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

COUNTY OF BUNCOMBE

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 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 Title VII of 5.896- Protecting Tenants as Foreclosure Act which became effective May 20, 2009.

THIS the 5th day of March, 2010.

A. Robert York, Substitute Trustee, Raintree Realty and Construction, Inc., PO Box 8942, Asheville, NC 28814. (WL504) 3/25 4/1 2010

BUNCOMBE NOTICE OF SALE

File No: 10 SP 39

TAKE NOTICE THAT: Raintree Realty and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by 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 fol- lows:

The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Com- mercial Marketplace, Inc., original mortgagors, and recorded in the Office of the Buncombe County Reg- ister of Deeds in Deed of Trust Book 3718, at Page 8. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A.

The property will be sold by the Substitute Trustee at 12:30 p.m. on the 9th day of April, 2010 at the above named County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally known as .63 acres Broadway Street and 12 Hillside Street, Asheville, NC, and is described as fol- lows:

TRACT 1 9649 13 14 4723

STATE OF NORTH CAROLINA COUNTY OF

BEING all of the lands described in and conveyed by a certain deed from Flaville McNeil Gaddy and husband, Weldon E. Gaddy, to Clyde E. McNeil and wife, Hazel L. McNeil, which is recorded in Book 1112, Page 78, in the office of the Register of Deeds of Bun- combe County, to which deed reference is hereby made for greater certainty of description.

SUBJECT TO easements, restrictions, and rights of way of record and utility lines in existence over and under subject property, and ad valorem taxes for the year 2004, and expressly subject to the right of way of Broadway to its full legal width.

TRACT 2 9649 13 14 4519

BEING all of the lands described in and conveyed by a certain deed from Velma T. Lyda, Widow of William C. Lyda, to Clyde E. McNeil and wife, Hazel L. McNeil, which is recorded in Book 1252, Page 127, in the office of the Regis- ter of Deeds of Buncombe County, to which deed reference is hereby made for greater certainty of description.

SUBJECT TO easements, restrictions, and rights of way of record and utility lines in existence over and under subject property, and ad valorem taxes for the year 2004, and expressly subject to the right of way of Broadway to its full legal width.

TRACT 3 BEING all of that property described in a Deed from L. J. Hensley and wife, Betty Sue Hens- ley to Dean Pistor recorded in Book 2080, Page 646, Buncombe County Regis- try, reference to which is hereby made for a more particular description.

Parcel Number 9649 13-14-4685

Any property described in the Deed of Trust which is not being offered for sale is described as follows: N/A. 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 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:

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

An order for pos-

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 Title VII of 5.896- Protecting Tenants as Foreclosure Act which became effective May 20, 2009.

THIS the 5th day of March, 2010.

Robert York, Substitute Trustee, Raintree Realty and Construction, Inc., PO Box 8942, Asheville, NC 28814. (WL505) 3/25 4/1 2010

FORECLOSURE SALE OF REAL PROPERTY

8062.0000342 10-SP-173

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 in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on Octo- ber 18, 2006, in Book 4302 at Page 675; 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 10:30 AM on Monday, April 5, 2010, that parcel of land, includ- 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 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 Drive 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-

SUBSTITUTE TRUSTEE’S

NOTICE OF

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: March 24, 2010

David A. Simpson, P.C.SubstituteTruste By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500

(WL 506) 3/25 4/1 2010 NOTICE OF

FORECLOSURE SALE OF REAL PROPERTY

8805.0000216 10-SP-171

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Michael K. Cline, Karen L. Cline, husband and wife, dated July 5, 2005 and recorded in the Office of the Regis- ter of Deeds of Buncombe County, North Carolina, recorded on July 11, 2005, in Book 4071 at Page 1985; and because of default in the payment of the indebt- edness 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

Continued on page 17

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SUBSTITUTE TRUSTEE’S

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