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Asheville/Weaverville 277-1760 Hendersonville 697 - 2932


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Asheville/Weaverville 277-1760 Hendersonville 697-2932


Legals


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


This the 25th day of March, 2010


William K. Jenkins, Execu- tor Estate of William V. Jenkins 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 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 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 www.weavervilletribune.com


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


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


COUNTY OF BUNCOMBE NOTICE TO


FILE 10E363


COUNTY OF BUNCOMBE


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


Having qualified as Administrator of


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


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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


The undersigned, having qualified as Executor of the Estate of HELEN M. FROST, deceased, late of Buncombe County, this is to notify all persons having claims against said Estate to present them to the undersigned on or before the 6th day of July, 2010, or this Notice will be pleaded in bar of their recovery. All persons indebted to the said Estate will please make immediate payment to the undersigned.


This the 6th day of April, 2010.


BRUCE LAMAR FROST, Executor Estate of Helen M. Frost P.O. Box 1300 Mars Hill, NC28754 EDWARD B. KRAUSE, P.A. ATTORNEY OF RECORD 96 CENTRAL AVENUE ASHEVILLE, NC 28801 (828) 258-0220 (WCN607) 4/15 4/22 4/29 5/6


BEFORE THE CLERK FILE 10E000482


IN THE MATTER OF THE ESTATE OF ELIZABETH S.


CREDITORS AND DEBTORS


Having qualified as Admin- istrator CTA of the Estate of ELIZABETH S. WEATH-


WEATHERMAN, Deceased NOTICE TO


NORTH CAROLINA BUNCOMBE COUNTY


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL the


T I U E LG S RB N E AL


ERMAN, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said Estate to present such claims to the undersigned on or before July 15, 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 15th day of April 2010.


Larry S. Hartley, Adminis- trator CTA Estate of Elizabeth S. Weatherman c/o Allen B. Koenig, Esquire Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN608) 4/15 4/22 4/29 5/6


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Shirley Maney 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 15th 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 15th day of April, 2010


Angela Warren Keeler, Executrix Estate of Shirley Maney Warren 6828 Sunny View Drive Knoxville, TN 37914 865-933-5969 (WCN609) 4/15 4/22 4/29 5/6


STATE OF NORTH CAROLINA


File No: 10 SP 40 NOTICE OF SALE


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 David R. Lewter and Jeanne Deines- Lewter, original mortgag- ors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4128, at Page 652. 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 1:30 p.m. on the 19th 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 519 Old Leicester Highway, Asheville, North Carolina 28806, and is described as follows:


BEGINNING on a point on the northern margin of Old Leicester Highway (SR 1002), said point lying North 75 deg. 26 min. 23 sec. West, 477.43 feet from the beginning corner of that tract of record in Bun- combe County Deed Book 1141 at Page 307; and running from said begin- ning point thus established,


COUNTY OF BUNCOMBE


continuing with the north- ern margin of Old Leicester Highway, North 76 deg. 07 min. 51 sec. West 44.02 feet; North 83 deg. 52 min. 59 sec. West 48.36 feet; North 88 deg. 24 min. 24 sec. West 40.16 feet; and, South 88 deg. 58 min. 04 sec. West 14.42 feet to a point; thence leaving Old Leicester Highway and run- ning four (4) calls with the centerline of a 30-foot non- exclusive road right of way herein both granted and reserved, as follows: North 02 deg. 22 min. 07 sec. East 27.09 feet; North 09 deg. 45 min. 07 sec. East 32.92 feet; North 17 deg. 22 min. 38 sec. East 29.27 feet; and, North 21 deg. 21 min. 46 sec. East 12.53 feet to a point; thence runs North 09 deg. 33 min. 47 sec. West 94.56 feet to an iron pin; thence runs South 73 deg. 06 min. 10 sec. East 182.81 feet to an iron pin; thence runs South 12 deg. 15 min. 04 sec. West, passing an iron pin set at 155.43 feet on line, a total distance of 159.42 feet to the point and place of BEGINNING. Containing 0.61 acres, more or less, as the same appears on that survey dated June 22, 1996 and captioned “DALE A. DEINES and JEANNE E. DEINES”, prepared by RAY E. ANDERS & ASSOCIATES, INC., signed by M. Dale Cipar, R.L.S., Job #96- 6787.


CONVEYED HEREWITH, AND RESERVED HEREBY, is a 30-foot road right of way, the centerline of same being referred to herein- above; and, in addition to the area described, shall be a 15-foot section continuing on a curve to the right, from the northwest terminus of the 30-foot road right of way area, and continu- ing on said curve until the point of intersection with the subsequent call. The road right of way reserved shall be for the benefit of the 0.61 acres herein con- veyed, and a 0.780 acre portion of the total tract described in Deed Book 1141 at Page 307, Bun- combe County Registry, lying West of same.


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: 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 19th day of March, 2010.


(WL515) 4/8 4/15


AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Seanna Carl- son and Robert Carlson, wife and husband, dated May 16, 2007 and recorded in the Office of the Regis- ter of Deeds of Buncombe County, North Carolina, recorded on May 22, 2007, in Book 4408 at Page 591; 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 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 19, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Weaverville, County of Buncombe, State of North Carolina, and being more particularly described as follows:


BEING all that certain lot or parcel of land situated in Buncombe County, North Carolina and being more particularly described as follows:


BEING all of Lot 13 of Hamp- ton as shown on that plat recorded in Plat Book 55, Page 3 of the Buncombe County, NC Registers Office; reference to which Plat is hereby made for a more particular description of said Lot.


TOGETHER with and SUB- JECT TO those easements and rights of way shown on the above-referenced Plat.


BEING ALSO the same property conveyed in that deed from Todd A. Irwin and Lynn B. Ramsey to Bob Carlson and wife, Seanna Carlson in Deed Book 3974, Page 632 of the Buncombe County Registry.


Address of property: 10 Hampton Drive, Weaver- ville, NC 28787


Present Record Owners: Seanna Carlson and Bob Carlson a/k/a Robert Carl- son


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


912.0000895 09-SP-1192


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. Substitute Trustee (704) 619-6551 (WL516) 4/8 4/15


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 Alfred Keith Johnson and Carol A. Johnson , dated February 17, 2006 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on February 17, 2006, in Book 4180 at Page 1680; 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 owner and 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 Courthouse, in Asheville, North Carolina at 10:30 AM on Monday, April 19, 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:


Being all of Unit L-3 of


SUBSTITUTE TRUSTEE’S


929.0001155 10-SP-269 NOTICE OF


The Pine Cliff Villas Con- dominium as set forth and described in the Decla- ration of Condominium, recorded in Deed Book 2078, at Page 372, and all amendments thereto, of the Buncombe County, NC Reg- ister’s Office and as shown on that plat recorded in Plat Book 72, at Page 143 of the Buncombe County, NC Register’s Office, ref- erence to which Declara- tion, Amendment(s) and Plat are hereby made for a more particular description of said Unit The above- described Unit is conveyed together with that undi- vided interest in and to the common areas and facili- ties which is attributable to such Unit


The above described Prop- erty is conveyed together with and subject those easements and rights of way shown on the above- referenced Plat


And being all of that prop- erty described in deed recorded in Record Book 3117, at Page 728 of the Buncombe County, NC Register’s Office


Address of property: 310 Piney Mountain Drive, Asheville, NC 28805


Present Record Owners: Alfred Keith Johnson and Carol A. Johnson


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. 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 29, 2010


David A. Simpson, P.C. Substitute Trustee Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500 (WL517) 4/8 4/15


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 Mark Fox and Julie Fox, husband and wife, dated April 21, 2006 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on April 24, 2006, in Book 4212 at Page 668; 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 19, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Arden, County of Buncombe, State of North Carolina, and being more particularly described as follows:


Being all of Lot 27, Phase Three of Ashley Woods Subdivision as shown on that plat recorded in Plat Book 90, at Page 41 of the Buncombe County, NC Register’s Office; reference to which Plat is hereby made for a more particular description of said Lot.


The above-described Lot is conveyed together with and subject to the benefits and burdens of that certain Declaration of Terms, Con- ditions, Restrictions and Protective Covenants for Ashley Woods Subdivision as recorded in Record Book 2293, at Page 112 and to those certain Amendments, Supplements and Assign- ments thereto recorded in Record Book 2574, at Page 590 and in Record Book 3482, at Page 337 and in Record Book 4170, at Page 1157 and in Record Book 4170, at Page 1159 of the Buncombe County, NC Reg- ister’s Office.


And being all of that prop- erty described in deeds recorded in Record Book 3786, at Page 841 of the Buncombe County, NC Register’s Office.


Address of property: 421 Purple Finch Court, Arden, NC 28704


Present Record Owners: Mark Fox and Julie Fox


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.


Continued on page 16


April 8 - April 14, 2010 - THE TRIBUNE 15


SUBSTITUTE TRUSTEE’S


913.0001287 10-SP-277 NOTICE OF


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