Weaverville Tribune 0814 - April 8

Asheville/Weaverville 277-1760 Hendersonville 697 - 2932

To Advertise: To Advertise:

Asheville/Weaverville 277-1760 Hendersonville 697-2932

Legals

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as 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 cor- porations 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 Doro- thy 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 cor- porations 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 CREDITORS

Having qualified as Adminis- trator of the Estate of Teena Marie Goodwin aka Teena B. Goodwin, 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 cor- porations 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 cor-

Buncombe County, Buncombe County,

porations 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

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

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

16 THE TRIBUNE - April 8 - April 14, 2010 Buncombe County,

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

STATE OF NORTH CAROLINA

CREDITORS AND DEBTORS

Having qualified as Ancillary Administrator of the Estate of RICHARD S. LANIER, deceased, late of Hernando County, Florida, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before July 8, 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 8th day of April, 2010.

Richard S. Lanier, Ancillary Administrator Estate of Calvin Dent Lanier c/o Allen B. Koenig, Esquire

Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN605) 4/8 4/15 4/22 4/29

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Estate of Robert Mark Cade, 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 8th 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 8th day of April, 2010

Having qualified as Administrator of

the

COUNTY OF BUNCOMBE NOTICE TO

FILE 10E363

COUNTY OF BUNCOMBE

T I U E L AS RB N EG L

David Michael Cade, Administrator Estate of Robert Mark Cade 59 Oakdale Drive Candler, NC 28715 828-667-0936 (WCN606) 4/8 4/15 4/22 4/29

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 Buncombe County, North Carolina, recorded on November 15, 2006, in Book 4317 at Page 1208; 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 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 Courthouse, in Asheville, North Carolina at 10:30 AM on Monday, April 12, 2010, that parcel of land, including improve- ments 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 Buncombe County, refer- ence 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- 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, reference to which 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, reference to which 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:

AMENDED NOTICE OF SUBSTITUTE

837.0000016 09-SP-128

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 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 OF 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 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 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 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 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

STATE OF NORTH CAROLINA

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 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 15th day of March, 2010.

SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC.

By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL513) 4/1 4/8

8805.0000485 10-SP-217

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 John Washing- ton Thomas and wife, Julia Lynn Tennent, dated April 14, 2003 and recorded in the Office of the Register of Deeds of Buncombe

Continued on page 17

www.weavervilletribune.com

SUBSTITUTE TRUSTEE’S

NOTICE OF An order for pos-

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