L AS cn.. EG L o t.


Legals cont...


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


By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Subsitute Trustee (704) 442-9500


Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL518) 4/8 4/15


8062.0000322 10-SP-0089 NOTICE OF


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by George M. Clark and Carole R. Clark, husband and wife, dated November 16, 2006 and recorded in the Office of the Register of Deeds of Bun- combe County, North Caro- lina, recorded on November 17, 2006, in Book 4318 at Page 1368; 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


SUBSTITUTE TRUSTEE’S


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: LYING AND BEING in the City of Asheville, Buncombe County, North Carolina, and BEING all of Lot 15 of Block 25 of Sec- tion I as shown on plat of William I Phillips, Royal Pines Property recorded in Plat Book 7 at Pages 61, 62, 82 and 83 in the Office of the Register of Deeds of Buncombe County, North Carolina, and BEING all of that certain property described in deed recorded in Deed Book 1907 at Page 81 in the Office of the Reg- ister of Deeds of Buncombe County, North Carolina.


Address of property: 117 Cedar Lane, Arden, NC 28704


Present Record Owners: George M. Clark


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 30, 2010


David A. Simpson, P.C. Substitute Trustee (704) 619-6551 Posted: Witness: Assistant/Deputy Clerk of


Superior Court (WL519) 4/8 4/15


STATE OF NORTH CAROLINA


COURT OF JUSTICE COUNTY OF BUNCOMBE


SUPERIOR COURT DIVISION


2010 SP 356


IN THE MATTER OF THE FORECLOSURE OF THAT DEED OF TRUST RECORDED IN BOOK 4536, AT PAGE 607 ON MARCH 14, 2008 DANIEL WARREN PEGGY WARREN


TO: NOTICE OF SALE, FORECLOSURE


ROBERT P. TUCKER, II, PA, AND STEPHEN C. WILKIE, SUB- STITUTE TRUSTEE


Attention:


YOU ARE HEREBY NOTIFIED THAT THE TRUSTEE UNDER THE ABOVE REFERENCED DEED OF TRUST HAS INITI- ATED FORECLOSURE PRO- CEEDINGS. PURSUANT TO: THE PROCEDURE SET FORTH UNDER N.C.G.S. § 45-21; THE POWER OF SALE CONTAINED IN THE HEREIN REFERENCED DEED OF TRUST; AND THAT ORDER ALLOWING FORECLOSURE ISSUED BY THE CLERK OF SUPE- RIOR COURT FOR BUN- COMBE COUNTY, NORTH CAROLINA, THE ACTING TRUSTEE WILL SELL THE PROPERTY DESCRIBED HEREIN.


(1) The particular real estate security interest being fore- closed is a Deed of Trust to Robert P. Tucker, II, PA (“Original Trustee”) in favor of Allen Moss (“Lender” / “Beneficiary”) dated March 14, 2008, recorded on March 14, 2008 in Bun- combe County Register of Deeds Trust Book 4536, at Page 607, securing an original principal amount of $100,000.00. A particular description of the real prop- erty foreclosed is included in the herein referenced Deed of Trust, including any fixtures and personal property affixed thereto, less and excepting any portions thereof released prior to the date of this Notice, and including any additional property pledged of record subsequent to the filing of the original Deed of Trust referenced herein. The record owner of the property, as reflected on the records of the Register of Deeds not more than Ten (10) days prior to this Notice is: Daniel Warren, Peggy Warren. (2) The Sale referenced herein will be conducted at the main entrance (or such other customary location) of the BUNCOMBE COUNTY COURTHOUSE in Asheville, NC on April 26, 2010 at 11:00 am. (3) The property being sold hereunder is known as 305 Old Highway 20, Alexander, NC 28701, and specifically described as:


Tract I: BEGINNING at an EIP in the eastern margin of that property described in Deed Book 4256 at Page 786, Buncombe County Regis- try, thence N 31 deg. 45’ 13” E 106.57 feet to an EIP in a fence line; thence N 85 deg. 52’ 50” W 44.51 feet to an EIP; thence N 09 deg. 45’ 15” W to an unmarked point which lies S 68 Deg. 08’ 46” E 18.49 feet from an existing 1 1/2 inch pipe; thence from said unmarked point N 68 deg. 08’ 46” W 142.86 feet to an EIP; thence S 73 deg. 52’ 09” W 207.96 feet to a No. 5 rebar; thence S 85 deg. 58’ 36” W 55.01 feet to a point in a gravel drive; thence with the center of said drive the following six (6) calls and distances: 1) N 56 deg. 23’ 24” W 32.02 feet; 2) N 29 deg. 55’ 44” W 25.15 feet; 3) N 25 deg. 38’ 03” W 35.34 feet; 4) N 67 deg. 06’ 43” W 28.85 feet; 5) S 75 deg. 48’ 37” W 43.27 feet; 6) S56 deg. 22’ 53” W 37.24 feet to an EIP; thence leaving said gravel drive N 22 deg. 18’


16 THE TRIBUNE - April 8 - April 14, 2010 IN THE GENERAL


59” W 176.67 feet to a No. 5 rebar; thence with a fence line S 70 deg. 29’ 42” W 177.00 feet to a point in SR 1622, passing an EIP at 157.00 feet; thence from said point; S 28 deg. 57’ 22” E to an existing PK nail, which marks the terminus of the fourth call in Deed Book 1895 at Page 12 of said Registry; thence S 28 deg. 57’ 22” E 147.58 feet to an EIP; thence along the southeastern margin of that property described in Deed Book 3620 at 218 of said Registry to an EIP; thence S 75 deg. 55’ 8” E 127.11 feet to a 24 inch white oak, as depicted on Plat Book 125 at Page 9, of said Registry; thence S 84 deg. 36’ 24” E 162.85 feet to an IPS; thence S 19 deg. 31’ 21” E 23.59 feet to a point in the center of a 20 foot right of way; thence with the center of said right of way the following (4) calls and dis- tance: 1) N 80 deg. 09’ 31” E 49.50 feet; 2) N 76 deg. 25’ 29” E 29.91 feet; 3) N 42 deg. 27’ 29” E 26.56 feet; 4) N 24 deg. 48’ 49” E 123.97 feet to a point in the center of said right of way; thence S 2 deg. 16’ 11” E 39.73 feet to the point and place of Beginning. LESS AND EXCEPTING that property described in Deed Book 3620, at Page 218 of said Registry.


Tract II: BEING ALL OF THAT 0.750 acre tract as shown on that Plat recorded in Plat Book 125, Page 9, Buncombe County Registry. (4) The property will be sold by the Acting Trustee to the highest bidder for CASH. The highest bidder will be required to make a CASH deposit with the Trustee at the time of the bid in an amount equal to Five percent (5%) of the bid or Seven Hundred Fifty and no/100s dollars ($750.00) which ever shall be greater. The sale will be subject to upset bids for ten (10) days following the sale as required under N.C.G.S. § 45-21.27. Fol- lowing the expiration of the upset bid period the remaining balance of the bid will be immediately due in cash. Any high bidder who shall fail to tender the balance due upon the bid upon demand follow- ing the expiration of the Upset Bid period shall be personally liable on such bid in accordance with the terms set forth in N.C.G.S. § 45-20.30. (5) All bidders bid for the property AS IS on the date of the sale, subject to any and all outstanding taxes, liens, assessments and other encumbrances which hold a superior priority position to the instrument foreclosed herein. The property being sold is all that property identified in the above referenced Deed of Trust, and specifically described in “Exhibit A.” Absolutely no warranties are made as to the condi- tion, value or title of the property sold. The high- est bidder shall assume all risk of loss, deterioration and other casualty after the date of sale. All bid- ders are advised to retain independent counsel to examine the title for the subject property. The property may be withdrawn from sale at any time prior to delivery of a Deed to the highest bidder. (6) In the event that the Acting Trustee shall be unable to convey title to the property for any reason, or if the sale is successfully contested for any reason, the sole remedy of the pur- chaser shall be the return of any deposit paid (without any accrued interest). (7) IN the event that the property being sold here- under is a residential real property with less than 15 rental units, an order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser 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 pur- suant 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 landlord. The notice shall also state that upon termination of the rental agreement, the tenant is liable for the rent due under the rental agreement pro- rated to the effective date of the termination.


ISSUED March 26, 2010.


s/ Stephen C. Wilkie (SEAL) Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL522) 4/15 4/22


FORECLOSURE SALE OF REAL PROPERTY 08 SP 1221


Under and by virtue of the power and authority con- tained in that certain Deed of Trust, dated August 17, 2007, and recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4455 at Page 569, and because of default having been made in the payment of the indebt- edness secured by said Deed of Trust and Security Agreement and failure to do and perform the stipu- lations and agreements therein contained, and pursuant to demand of the Owner and Holder of the indebtedness secured by said Deed of Trust, the Substitute Trustee, Seth Mullinax, will expose for sale at public auction to the highest bidder for cash the property therein described, to wit:


See attached Exhibit A incorporated herein by ref- erence.


Present Record Owner: Prime Carolina, LLC


The terms of said sale are that the real property here- inbefore described will be sold for cash to the highest bidder and that the under- signed may require the suc- cessful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Sub- stitute Trustee tenders the bidder a Deed for the prop- erty, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable as provided in N.C.G.S. § 45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid.


The real property described in the attached Exhibit “A” will be sold subject to any and all superior liens, including taxes, special assessments, right of ways, and restrictions of record. The property, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty.


The Owner and Holder of the Note and Deed of Trust reserves the right to with- draw this Notice of Sale, without cause, until the date and time of final trans- fer of the property.


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


Date and hour of sale: April 30, 2010 at 11:00 a.m.


Place of sale: Buncombe County Courthouse Steps, Asheville, North Carolina.


This the 29th day of March, 2010.


By: /s/Seth Mullinax Seth Mullinax Substitute Trustee 450 Windswept Ridge Rd. Canton, NC 28716


SUBSTITUTE TRUSTEE’S


NOTICE OF


POSTED BY: Marin Bower- Smith


DATE: 3/29/10


EXHIBIT “A” Being all of Tract 1, Tract 2 and Tract 3 of Grove Park Cove as shown on that plat recorded in Plat Book 104, at Page 157 of the Buncombe County, NC Register’s Office; reference to which Plat is hereby made for a more particular description of said Lot. Together with and subject to those easements and rights of way shown on the above-referenced Plat and as recorded in the Bun- combe County, NC Regis- ter’s Office. And being all of that prop- erty described in deed recorded in Book 4002, at Page 864 of the Buncombe County, NC Register’s Office. (WL523) 4/15 4/22


STATE OF NORTH CAROLINA


File No: 10 SP 239


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: 1. The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Stepha- nie LoCicero, unmarried, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4349, at Page 360. 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 2. The property will be sold by the Substitute Trustee at 12:30 p.m. on the 26th day of April, 2010 at the Bun- combe County Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is generally described as Lot 200 Phase 2 of the Settings of Black Mountain, NC 28711 and described as follows: BEING all of Lot 200, Phase Two, as shown on plat of The Settings of Black Mountain, recorded in Plat Book 100, at Page 90 of the Buncombe County, NC Registry, reference to said plat being made for a more particular description of said Lot 200. TOGETHER WITH AND SUBJECT TO all ease- ments, restrictions and rights of ways of record and a non-exclusive appurte- nant easement for ingress, egress and regress is conveyed over and upon all private subdivision right of way easements for The Settings of Black Mountain as shown on the above-described plat as well as the series of plats for Phase One recorded in Plat Book 96 at Pages 162 through 164 and Phase Two recorded in Plat Book 100, at Pages 42 through 44 and to the Covenants, Conditions and Restrictions for The Settings of Black Mountain as recorded in Book 3993, at Page 34 of the Buncombe County, NC Registry. TOGETHER WITH AND SUBJECT TO all easements as described in Deed Book 3947, at Page 552 of said registry. BEING a portion of Tract 1 as conveyed to The Set- tings of Black Mountain, LLC by deed recorded in Deed Book 3947, at Page 552 of the Buncombe County, NC Registry. 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. 4. Any buildings located


COUNTY OF BUNCOMBE


on the above-described property are also included in the sale. 5. 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). 6. All bidders bid for the property 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. 7. The property will be sold subject to all unpaid taxes and special assessments. 8. 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. 9. Additional Notice Where the Real Property is Resi- dential 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 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 26th 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 (WL524) 4/15 4/22


STATE OF NORTH CAROLINA


COURT OF JUSTICE COUNTY OF BUNCOMBE


SUPERIOR COURT DIVISION


THE FORECLOSURE OF THAT DEED OF


TRUST RECORDED IN BOOK 4270,


PREMIER RUSTIC HOMES, LLC


THOMAS J. RYAN


TO: NOTICE OF SALE, FORECLOSURE


KIRK W. ROBINSON AND STEPHEN C. WILKIE, SUB- STITUTE TRUSTEE


Attention: YOU ARE HEREBY NOTIFIED THAT THE TRUSTEE UNDER THE ABOVE REFERENCED DEED OF TRUST HAS INITI- ATED FORECLOSURE PRO- CEEDINGS. PURSUANT TO: THE PROCEDURE SET FORTH UNDER N.C.G.S. § 45-21; THE POWER OF SALE CONTAINED IN THE HEREIN REFERENCED DEED OF TRUST; AND THAT ORDER ALLOWING FORECLOSURE ISSUED BY THE CLERK OF SUPE-


AT PAGE 1456 ON AUGUST 18, 2006 BRENDA K. RICE


IN THE MATTER OF 2009 SP 1589 IN THE GENERAL


RIOR COURT FOR BUN- COMBE COUNTY, NORTH CAROLINA, THE ACTING TRUSTEE WILL SELL THE PROPERTY DESCRIBED HEREIN.


(1) The particular real estate security interest being foreclosed is a Deed of Trust to Kirk W. Robin- son (“Original Trustee”) in favor of Mountain 1st Bank & Trust (“Lender” / “Beneficiary”) dated August 17, 2006, recorded on August 18, 2006 in Buncombe County Register of Deeds Trust Book 4270, at Page 1456, securing an original principal amount of $197,000.00. A particular description of the real prop- erty foreclosed is included in the herein referenced Deed of Trust, including any fixtures and personal property affixed thereto, less and excepting any portions thereof released prior to the date of this Notice, and including any additional property pledged of record subsequent to the filing of the original Deed of Trust referenced herein. The record owner of the property, as reflected on the records of the Register of Deeds not more than Ten (10) days prior to this Notice is: Brenda K. Rice. (2) The Sale referenced herein will be conducted at the main entrance (or such other customary location) of the BUNCOMBE COUNTY COURTHOUSE in Asheville, NC on April 29, 2010 at 10:30 am. (3) The property being sold hereunder is known as 84 Walnut Street, Apt. 404, Ashville, NC 28801, and specifically described as: Being Unit 404, as shown on the Plans entitled “Old Penney’s Building Con- dominium” recorded in Condominium and Unit Ownership File No. 333 of the Office of the Register of Deeds for Buncombe County, North Carolina, ref- erence to which is hereby made for a more particular Description. Together with and subject to those rights, easements and restrictions appurtenant to said condo- minium. (4) The property will be sold by the Acting Trustee to the highest bidder for CASH. The highest bidder will be required to make a CASH deposit with the Trustee at the time of the bid in an amount equal to Five percent (5%) of the bid or Seven Hundred Fifty and no/100s dollars ($750.00) which ever shall be greater. The sale will be subject to upset bids for ten (10) days following the sale as required under N.C.G.S. § 45-21.27. Fol- lowing the expiration of the upset bid period the remaining balance of the bid will be immediately due in cash. Any high bidder who shall fail to tender the balance due upon the bid upon demand follow- ing the expiration of the Upset Bid period shall be personally liable on such bid in accordance with the terms set forth in N.C.G.S. § 45-20.30. (5) All bidders bid for the property AS IS on the date of the sale, subject to any and all outstanding taxes, liens, assessments and other encumbrances which hold a superior priority position to the instrument foreclosed herein. The property being sold is all that property identified in the above referenced Deed of Trust, and specifically described in “Exhibit A.” Absolutely no warranties are made as to the condi- tion, value or title of the property sold. The high- est bidder shall assume all risk of loss, deterioration and other casualty after the date of sale. All bid- ders are advised to retain independent counsel to examine the title for the subject property. The property may be withdrawn from sale at any time prior to delivery of a Deed to the highest bidder. (6) In the event that the Acting Trustee shall be unable to convey title to the property for any reason, or if the sale is successfully contested for any reason, the sole remedy of the pur- chaser shall be the return of any deposit paid (without


any accrued interest). (7) IN the event that the property being sold here- under is a residential real property with less than 15 rental units, an order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser 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 pur- suant 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 landlord. The notice shall also state that upon termination of the rental agreement, the tenant is liable for the rent due under the rental agreement pro- rated to the effective date of the termination.


ISSUED March 31, 2010.


s/ Stephen C. Wilkie (SEAL) Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL525) 4/15 4/22


8441.0000225 10-SP-282 NOTICE OF


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 C. Shrode and wife Karen Shrode, dated March 22, 2007 and recorded in the Office of the Register of Deeds of Bun- combe County, North Caro- lina, recorded on March 28, 2007, in Book 4380 at Page 1266; 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 26, 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 of Lot 7, Block A of the Old Weaver Col- lege property in the town of Weaverville, Buncombe County, N.C., a plat of which is recorded in the Office of the Register of Deeds for Buncombe County, N.C., in Plat Book 20, Page 84, reference to said plat being hereby made for a more particular description of said Lot. AND being the same prop- erty described in Deed Book 2169, Page 573 in Buncombe County, North Carolina, Registry.


Address of property: 11 South College St, Weav- erville, NC 28787


Present Record Owners: John C. Shrode and Karen Shrode


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.


SUBSTITUTE TRUSTEE’S


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: April 13, 2010


David A. Simpson, P.C. Substitute Trustee


By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500


Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL526) 4/15 4/22


STATE OF NORTH CAROLINA


COURT OF JUSTICE DISTRICT COURT DIVISION


FILE NO.: 09 CVD 5157


COUNTY OF BUNCOMBE, A Body Politic and Corporate Plaintiff v. GENERAL NOTICE OF TAX FORECLOSURE SALE ALICE WARREN PURCEL a/k/a Alice Warren Pur- cell n/k/a Alice Derlene Warren and THOMAS PUR- CELL a/k/a Alfred Thomas Purcell, III, Owners; and INTERNAL REVENUE SER- VICE, Federal Tax Lien


Defendants Under and by virtue of a Judgment of the Presiding District Court Judge for Buncombe County, North Carolina, made and entered in the action entitled “County of Buncombe vs. Alice Warren Purcel, et al,” the undersigned Commis- sioner will, on the 30th day of April, 2010, at 11:00 a.m., offer for sale and sell for cash, to the last and high- est bidder at public auction, the real property described in the attached Exhibit “A”


Continued on page 17


www.weavervilletribune.com


COUNTY OF BUNCOMBE


IN THE GENERAL


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