L AS cn.. EG L o t.


Legals cont...


secured by said Deed of Trust, the undersigned Sub- stitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Buncombe County Courthouse, in Asheville, North Carolina at 10:30 AM on Monday, April 5, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Swannanoa, County of Buncombe, State of North Carolina, and being more particularly described as follows:


BEGINNING at an iron pin, said iron pin being the second corner of the property described in Bun- combe County Deed Book 1753 at Page 687; thence South 49 deg. 38’ 28” West 543 feet to an iron pin; thence North 39 deg. 49’ 31” West 559.65 feet to an iron pin; thence North 49 deg. 52’ 08” East 620.56 feet to an iron pin; thence South 17 deg. 43’ 57” East 205.90 feet to an iron pin; thence South 33 deg. 42’ 34” East 295.06 feet to an iron pin; thence South 62 deg. 51’ 22” East 80.13 feet to the point of BEGINNING, containing 7.00 acres, more or less, as shown on that survey prepared for Turner C. Bryson and wife, Rebecca A. Bryson, James M. Cline and Michael E. Cline by C&S Surveying, Mitchell E. Effler, R.L.S. dated March 22, 1994.


TOGETHER WITH that 15’ foot right of way described in deed recorded in Book 1804, Page 677 and Book 2149, Page 328, Buncombe County Registry.


Address of property: 68 White Wolf Trail, Swan- nanoa, NC 28778


Present Record Owners: Michael K. Cline and Karen L. Cline


The terms of the sale are that the real property here- inbefore described will be sold for cash to the high- est bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be ten- dered in the form of certi- fied funds at the time of the sale.In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax.


The real property herein- above described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other condi- tions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required.


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.


ity 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


chaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units:


deposit. The If the valid- If 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. Substitute Trustee


Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500


Posted: Witness: Assistant/Deputy Clerk of Superior Court


Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL 507) 3/25 - 4/1 2010


STATE OF NORTH CAROLINA


AMENDED NOTICE OF FORECLOSURE SALE


09 SP 76


Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Keith A. Vinson and Paula Vinson to Ste- phen C. Wilkie, Substitute Trustee (original Trustee Peter U. Kanipe), dated October 21, 2008 and recorded in Book 4617 at Page 1075 in the Buncombe County, North Carolina Registry, the undersigned Substitute Trustee declares as follows:


There is a default by the Owner or other person(s) owing an obligation, the performance of which is secured by said Deed of Trust, or by their successor in interest, with respect to provisions therein which authorize sale in the event of default of such provision; and the undersigned as Substitute Trustee, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Regis- ter of Deeds of Buncombe County, North Carolina, and the Owner and Holder of the Note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the Courthouse door or other usual and custom- ary location as designated by the Clerk’s Office on April 6, 2010, at 10:00 am, and will sell to the highest bidder for cash the follow- ing described real prop- erty situated in Buncombe County, North Carolina, to wit:


pur-


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


Beginning on an existing concrete monument mark- ing the intersection of the Western margin of the right of way of Vanderbilt Road with the Northern margin of the right of way of Park Road; and runs thence from said established beginning point and with the North- ern margin of Park Road the following three calls: South 88 deg. 11’ 21” West 25.01 feet; North 82 deg. 53’ West 119.3 feet and on a curve to the left in a Southerly and Westerly direction, with a radius of 158.2 feet, and arc dis- tance of 154.68 feet to an iron pin; thence leaving the Western margin of the right of way of Park Road North 46 deg. 49’ West 188.41 feet to an iron pin in the Southeastern boundary line of Lot 27, Block N of Bilt- more Forest, as shown on Plat recorded in Plat Book 10, at Page 12, of the Bun- combe County, N.C. Reg- ister’s Office; thence with


www.weavervilletribune.com


COUNTY OF BUNCOMBE


By: Attorney at Law


the Southeastern bound- ary line of Lots 27, and 28, as shown on said Plat recorded in Plat Book 10, at Page 12, North 43 deg. 11’ East 223.8 Feet to an exist- ing concrete monument marking the Easternmost comer of Lot 28, Block N of Biltmore Forest, as shown on said Plat recorded in Plat Book 10, at Page 12, of the Buncombe County, N.C. Register’s Office; thence with the Southern boundary line of Lot 29, Block N of Biltmore Forest as shown on the above- referenced Plat, South 46 deg. 30’ East 122.9 feet to an existing iron pin marking the Southernmost corner of said Lot 29; thence South 46 deg. 27’ East 244.6 feet to the point of Beginning, and being all of Lot O and the Northeastern one-half of Lot 1, Block N, as shown on Plat recorded in Plat Book 10, at Page 12, of the Buncombe County, N.C. Register’s Office, except as modified by the updated survey of J. Glenn Haynes for Lucian Candler Rice and Mary Ann McMahan dated March 7,1989.


Also being all of the same property described in a deed recorded in the Office of the Register of Deeds for Buncombe County Deed Book 1661, at Page 388. Together with and subject to easements, rights of way and restrictions of record.


To the best of the knowl- edge and belief of the undersigned, the current owners of the property are Keith and Paula Vinson.


The above described real property is only a portion of the real property described in the deed of trust recorded in Book 4617 at Page 1075. This sale of only a portion of the real property described in said deed of trust is being sold pursuant to N.C.G.S. 45-21.8 and 45-21.9


Third party purchas- ers must pay the excise tax, and the court costs of forty-five cents (45¢) per one hundred dollars ($100.00), up to a maxi- mum of $500.00. A cash deposit (cashier’s check or certified funds, no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dol- lars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all of the remaining amounts are immediately due and owing. Should the foreclosure action be dismissed or any portion have to be redone for any reason, the bid deposit will be returned to the third party bidder and no other remedies will be able to be asserted. The third party bidder acts upon their own risk if they expend any funds in favor of the fore- closed property prior to the receipt of a deed from the Substitute Trustee.


Said sale will be made, but without covenant or war- ranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. There are no rep- resentations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relat- ing to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, special assessments, and encum- brances of record.


Additional notice where the real property is residential with less than 15 rental units: An order for posses- sion 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 agree- ment upon 10 day written notice to the landlord. Upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement pro-rated to the effective date of the termination period.


Date: 3-15-2010


Stephen C. Wilkie, Substi- tute Trustee 285 East Allen Street


Hendersonville, NC 28792 (WL508) 3/25 4/1 2010


MADISON COUNTY SUPERIOR COURT DIVISION 09-SP-134


IN THE MATTER OF THE FORECLOSURE ) BY FRED H. JONES, SUBSTITUTE TRUSTEE OF A DEED OF TRUST EXE- CUTED BY SCENIC WOLF DEVELOPMENT, LLC,


TO CAROLINA FIRST BANK, A SOUTH NOTICE OF SALE CAROLINA COMPANY,


DATED SEPTEMBER 12, 2007 AND RECORDED IN BOOK 440, PAGE 525, PUBLIC RECORDS OF MADISON COUNTY, NORTH CAROLINA


Under and by virtue of a Power of Sale contained in that Certain Deed of Trust executed by Scenic Wolf Development, LLC to MTNBK LTD, Trustee, which was dated Septem- ber 12, 2007 and recorded in Book 440 at Page 525, Madison County Registry, North Carolina on Septem- ber 23, 2007.


Default having been made in the payment of the notes thereby secured by the said Deed of Trust and the undersigned, Fred H. Jones, having been substituted as Trustee by that instrument recorded in Book 488 at Page 539, Madison County Registry and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and custom- ary location at the county courthouse for conducting the sale on Tuesday, April 6, 2010 at 1:00 p.m., and will sell to the highest bidder for cash the following described property situated in Madison County, North Carolina, to wit:


easements,


and appurtenances as described in and conveyed by that deed from Caro- lina First Bank, to Scenic Wolf Development, LLC, recorded in Book 440, Page 525, Madison County Reg- istry, to which reference is hereby made for a more complete description.


The sale will be made sub- ject to all prior liens, unpaid taxes, special assessments, easements, rights


ways, deed of release, and any other encumbrances or exception of record.


The record owner of the property as reflected on the records of the Register of Deeds’ office not more than ten (10) days prior to post- ing of this notice is Scenic Wolf Development, LLC.


All bidders bid for the prop- erty AS IS WHERE IS on the date of sale and the high bidder assumes


risk of loss or deterioration after the sale. Absolutely no warranties are made as to the condition,


or title of the property. The Noteholder has reserved the right to withdraw the sale up to and


the Deed is delivered by the Trustee.


Third party purchas- ers must pay the excise


until value the of


Being the same lands, privileges


STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE


tax, and the court costs of Forty-Five (45¢) per One


lars ($100.00) pursuant to N.C.G.S. 7A-308(a)(1). Pursuant to the terms of N.C.G.S.


the successful bidder will be required to deposit with the Trustee immediately upon


§ 45-21.10(b),


sale, a cash deposit of five per cent (5%) of the bid, or $750.00, whichever is greater.


ful bidder shall be required to tender the full balance of the purchase price so bid in cash


at the time the Trustee ten- ders to him a deed for the property, and should he fail


ance of the purchase price so bid at that time, he shall remain liable on his bid, as provided for in N.C.G.S. § 45-21.20(d) and (e).


This sale will be held open ten (10) days for upset bids as required by law.


If the Substitute Trustee is unable to convey title to this property for any reason, the sole remedy of


chaser is the return of the deposit. Reasons of such inability to convey include, but are not


the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenge by an party, theSubstitute Trustee, in her sole discretion, if she believes the challenge to have merit, may declare the sale to be void and return the deposit. The pur- chaser will have no further remedy.


This, the 26 day of Febru- ary, 2010.


R.S. Jones, Attorney for Substitute Trustee Jones, Key, Melvin & Patton, P.A. 61 East Main St. Franklin, NC 28734 (828) 524-4444 (WL 509) 3/25 4/1 2010


TRUSTEE’S FORE- CLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Waight- still Mountain, LLC , dated November 13, 2006 and recorded in the Office of the Register of Deeds of Bun- combe County, North Caro- lina, recorded on November 15, 2006, in Book 4317 at Page 1208; 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 12, 2010, 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 IN AVERY’S CREEK TOWNSHIP, BUNCOMBE COUNTY, NORTH CARO- LINA, BEING all of 11.90 acres as shown on a plat recorded in Plat Book 98 at Page 178, recorded in the Office of the Register of Deeds for Bun- combe County, reference to which is hereby made for a more particular description of said acres.


BEING the same property described in a deed dated December 6, 2005 from Keith A. Vinson and Paula L. Vinson to Waightstill Moun- tain, LLC, A North Carolina limited liability company, recorded in Office of the Register of Deeds for Bun-


AMENDED NOTICE OF SUBSTITUTE


837.0000016 09-SP-128


limited to, the pur- to pay the full bal- or certified check, Any success- conclusion of Hundred Dol-


combe County in Book 4149 at Page 246.


Less and except: 1. The property described in Partial Release recorded in Book 4601 at Page 1121 in Buncombe County Reg- istry. Being all of Lots 25, 27, 34, 35, 48, 55, 56, 61, 62, & 63 as shown on that plat for Waightstill Phase IX, as same is recorded in Plat Book 112 at Page 165 in the Office of the Register of Deeds of Buncombe


2. The property described in Release Deed recorded in Book 4633 at Page 1240 in Buncombe County Registry. Being all of Lots 22, 23, 25, 27, 34, 39, 48, 55, 56, 59, 63 & 64 as shown on that plat for Waightstill Phase IX, as same is recorded in Plat Book 112 at Page 165 in the Office of the Regis- ter of Deeds of Buncombe County,


is hereby made for a more particular description.


3.The property described in Release Deed recorded in Book 4704 at Page 96 in Buncombe County Reg- istry. Being all of Lot 14 as shown on that plat for Waightstill Mountain Phase IX, as the same is recorded in Plat Book 112, Page 165 in the Office of the Regis- ter of Deeds of Buncombe County,


is hereby made for a more particular description of said lot.


Address of property: Ledbetter Road a/k/a Waightstill Mountain, Asheville, NC 28801


Present Record Owners: Waightstill Mountain, LLC


The terms of the sale are that the real property here- inbefore described will be sold for cash to the high- est bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be ten- dered in the form of certi- fied funds at the time of the sale.In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax.


The real property herein- above described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other condi- tions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required.


If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee(s). If the validity of the sale is challenged by any party, the Trustee(s), in their sole discretion, if they believe 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


reference to which reference to which


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: 4/1/10


Rogers Townsend & Thomas, PC, successor by merger to Kellam & Pettit, P.A. Substitute Trustee (704) 442-9500 (WL510) 4/1 4/8


STATE OF NORTH CAROLINA


File No: 09 SP 1463 NOTICE OF SALE


TAKE NOTICE THAT: Rain- tree Reality and Construc- tion, Substitute Trustee, has begun proceedings 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 follows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Perry W. Cle- ments and wife Kimberly Clement, original mortgag- ors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4535, at Page 1564. 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 Bun- combe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as 521 East Street, Candler, NC 28715 and described as follows: BEING all of Lot 171 as shown on a plat recorded in Plat Book 121 at Page 66 of that Plat recorded in the Office of the Register of Deeds for Buncombe County, NC for Perry Wayne Clement, reference being hereby made for a more particular description. Being a portion of that property as described in Book 4286 at Page 639 and recorded in that corrective deed at Book 4437 at Page 1906 and also granted to Grantor in Book 4286 at Page 653. 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 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


COUNTY OF BUNCOMBE


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 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 at Foreclosure Act which became effective May 20, 2009. THIS the 2nd day of March, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC.


By: A. Robert York, Presi- dent P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL511) 4/1 4/8


STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE


DISTRICT COURT DIVISION


COUNTY OF BUNCOMBE FILE NO.:


09 CVD 5157


COUNTY OF BUNCOMBE, A Body Politic and Corporate,


Plaintiff, v.


GENERAL NOTICE OF TAX FORECLOSURE SALE


THOMAS M. FOWLER, JR. and NANCY ELLEN FISH, Owners; and HIGH VISTA HOMEOWNERS ASSOCIA- TION, INC., Claim Of Lien


Defendants


Under and by virtue of a Judgment of the Assistant Clerk of the Buncombe County Superior Court, North Carolina, made and entered in the action enti- tled “County of Buncombe vs. Thomas M. Fowler, Jr., et al,” the undersigned Commissioner will, on the 12th day of April, 2010, at 11:00 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real property described in the attached Exhibit “A” incor- porated herein by refer- ence. The property lies within Buncombe County, North Carolina, and is more particularly described in Exhibit “A” (PIN #: 9633- 23-4753; 1134 High Vista Drive) attached hereto. The sale will be held on the Bun- combe County Courthouse Doorway in Asheville, North Carolina.


The sale will be made subject to all outstanding City and County taxes and all superior restrictions of record and local improve- ment assessments against the abovedescribed prop- erty not included in the Judgment in the aboveen- titled cause. All junior liens will be extinguished upon sale.


The property, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty.


The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the under- signed will require the suc- cessful bidder at the sale to


An order for pos-


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 certi- fied check at the time the Commissioner 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 pur- chase price bid, the bidder shall remain liable for said bid. The Buncombe County Tax Collector may make a credit bid.


This sale will remain open for ten (10) days, as by law required, at which time an upset bid may be made with the Clerk of Court for Buncombe County, North Carolina. The Notice may be withdrawn at any time until the conclusion of the sale.


This 31 day of March,


Marjorie R. Mann Commissioner P.O. Box 7647 Asheville, NC 28802 Telephone: (828)252-6600 Facsimile: (828)210-6554 N.C. Bar No. 13202


CERTIFICATE OF SERVICE


This is to certify that the undersigned has this date served the foregoing Gen- eral Notice of Tax Fore- closure upon the parties below by depositing a copy hereof in a postpaid wrap- per in a Post Office or offi- cial depository under the exclusive care and custody of the United States Postal Service:


Michael Frue Buncombe County Tax Dept. 60 Court Plaza Asheville, NC 28801


High Vista Homeowners Association, Inc.


c/o Thomas McClain, President Officer, Man- ager, Director or Person in Charge of Office P. O. Box 98 Arden, NC 28704


Thomas M. Fowler, Jr. 2580 Fairview Drive Cummings, GA 30041- 5954


Nancy Ellen Fish 2580 Fairview Drive Cummings, GA 30041- 5954


This the 31 day of March, 2010.


ROBERTS & STEVENS, P.A. Marjorie R. Mann Exhibit A


Parcel ID 9633-23-4753 (1134 High Vista Drive)


Being all of Lot 45 of Block I, Sheet 2 of High Vista Coun- try Club, Inc, as shown on a plat recorded in the Office of the Register of Deeds, Buncombe County, NC, in Plat Book 42 at pages 172 through 174, reference to which is hereby made for a more particular descrip- tion and being the same property conveyed to Thomas M. Fowler by Deed dated November 1, 1989, recorded in Book 1582 at page 650, Buncombe County Registry. (WL512) 4/1 4/8


COUNTY OF BUN- COMBE


File No: 10 SP 215 NOTICE OF SALE


TAKE NOTICE THAT: Rain- tree Reality and Construc- tion, Substitute Trustee, has begun proceedings 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 follows: The instrument pursuant to which such sale will be held is that certain Deed of Trust


STATE OF NORTH CAROLINA


executed by Hightower Holdings, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4514, at Page 762, as modified in Book 4721, at Page 1408. 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 12:00 (Noon) p.m. on the 15th day of April, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as 455 Weaverville Highway, Asheville, NC 28804 and described as follows: LYING IN THE CITY OF WOODFIN, REEMS CREEK TOWNSHIP OF BUNCOMBE COUNTY, NC and being more particularly described in that certain Deed of Trust recorded in Book 4514, at Page 762, as modified in Book 4721, at Page 1408 of the Buncombe County, NC Registry and said descrip- tion is incorporated herein by reference.


Containing 2.20 acres, according to a survey enti- tled “Survey of Deed Book 1369 Page 710 for Corbin and Tammy Hightower” by Freeman Land Surveying, PLLC dated January 16, 2008.


Being all that property con- veyed to James Douglas Rice by two deeds; (a) Deed Book 834, at Page 530; and (b) Deed Book 1369, at Page 710.


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 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 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


Continued on page 19


April 1 - April 7, 2010 - THE TRIBUNE 17 An order for pos-


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