Weaverville Tribune 0809 - March 4-10, 2010

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 Execu- tor of the Estate of James Roy Barnwell, 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 14th day of May, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and cor- porations indebted to said estate will make immediate payment.

This the 11th day of Febru- ary, 2010

Charles R. Barnwell, Executor Estate of James Roy Barn- well 43 Bob Barnwell Road Fletcher, NC 28732 (WCN576) 2/11 2/18 2/25 3/4

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Adminis- tratrix of the Estate of David Eugene Surrett, 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 14th day of May, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and cor- porations indebted to said estate will make immediate payment.

This the 11th day of Febru- ary, 2010

Lynette Reemes Surrett, Administratrix Estate of David Eugene Surrett, 133 Surrett Cove Road Leicester, NC 28748 (WCN577) 2/11 2/18 2/25 3/4

STATE OF NORTH CAROLINA

In Re Estate of Margie Tweed Gimbert 10 E 0112

Having qualified as admin- istrator of the estate of Margie Tweed Gimbert, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corporations having claims against Margie Tweed Gim- bert or her estate to exhibit them to the undersigned on or before the 12th day of May, 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 11th day of Febru- ary, 2010.

Cathie St. John-Ritzen Administrator, Estate of Margie Tweed Gimbert Law Office of Cathie St. John-Ritzen, PLLC P.O. Box 6337 Asheville, NC 28816 (WCN578) 2/11 2/18 2/25 3/4

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of William B. Edwards, 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 20th day of May, 2010, or this notice will be pleaded in bar of their recovery. All

Buncombe County,

COUNTY OF BUNCOMBE

Buncombe County, Buncombe County,

persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 18th day of Febru- ary, 2010

Betty K. Edwards, Execu- trix Estate of William B. Edwards 4 Wildwood Acres Asheville, NC 28806 (WCN579) 2/18 2/25 3/4 3/11

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Judith W. White, 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 20th day of May, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 18th day of Febru- ary, 2010

Jill H. Adams, Executrix Estate of Judith W. White 4 Good Intentions Road Asheville, NC 28806 (WCN580) 2/18 2/25 3/4 3/11

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Douglas Sturgill, 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 20th day of May, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 18th day of Febru- ary, 2010

Jeanne Day, Executrix Estate of Douglas Sturgill 49 Mark Twain Road Asheville, NC 28805 (WCN581) 2/18 2/25 3/4 3/11

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Kath- erine F. McCall, 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 28th day of May, 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 Febru- ary, 2010

Margaret M. Richardson, Executrix Estate of Katherine F. McCall 12101 Bromwich Drive Richmond, VA 23236 (WCN582) 2/25 3/4 3/11 3/18

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Fred James Turner, deceased, late of

North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to

Buncombe County, Buncombe County,

exhibit them to the under- signed on or before the 28th day of May, 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 Febru- ary, 2010

Teresa Turner Gaddy, Executrix Estate of Fred James Turner 6 Springfield Way Arden, NC 28704 (WCN583) 2/25 3/4 3/11 3/18

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Admin- istrator of the Estate of Frank Joseph Lanford, Sr., deceased,

combe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against said deceased to exhibit them to the under- signed on or before the 28th day of May, 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 Febru- ary, 2010

Frank Joseph Lanford, Jr., Administrator Estate of Frank Joseph Lanford, Sr. 39 Audubon Drive Asheville, NC 28804 (WCN584) 2/25 3/4 3/11 3/18

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of Mary Virginia Coonan, 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 28th day of May, 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 Febru- ary, 2010

William J. Coonan, Execu- tor Estate of Mary Virginia Coonan 7 Colonial Place Asheville, NC 28804 (WCN585) 2/25 3/4 3/11 3/18

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of Rena Shook Austin, 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 4th 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 4th day of March, 2010

Robert Lee Austin, Jr., Executor Estate of Rena Shook Austin 5115 US Hwy 601 North Mocksville, NC 27028 (WCN586) 3/4 3/11 3/18 3/25

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO

16 THE TRIBUNE - March 4 - March 10, 2010 Buncombe County, Buncombe County, late of Bun- CREDITORS

Having qualified as Execu- tor of the Estate of Martha Taylor Harris, 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 4th 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 4th day of March, 2010

George W. Harris, Executor Estate of Martha Taylor Harris 111 Proverty Branch Road Barnardsville, NC 28709 (WCN587) 3/4 3/11 3/18 3/25

Notice of Service of Process by Publication

In the District Court Division

09 CVD 3045

Joshua Wyatt Julian vs. Amanda Diane Bailey To the Defendant, Amanda Diane Bailey: Take notice that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is child custody.

You are required to make defense to such pleading Within forty (40) days of February 18, 2010 and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought.

This the 11th day of Febru- ary, 2010 J. Jane Adams Attorney at Law P.O. Box 2051 Asheboro, NC 27203 (336) 625-4221 (WL473) 2/18 2/25 3/4

FORECLOSURE SALE OF REAL PROPERTY 09 SP 1359

Under and by virtue of the power and authority contained in that certain Deed of Trust and Secu- rity Agreement, dated September 13, 2006, and recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4286 at Page 776, and because of default having been made in the payment of the indebtedness secured by said Deed of Trust and Security Agreement and failure to do and perform the stipulations and agree- ments therein contained, and pursuant to demand of the Owner and Holder of the indebtedness secured by said Deed of Trust and Security Agreement, the Substitute Trustee, Arlene Daley, 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 reference.

Present Record Owner: C&H Construction, Inc.

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

SUBSTITUTE TRUSTEE’S

NOTICE OF

Carolina, Randolph County

State of North Buncombe County,

T I U E L AS RB N EG L

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

by the Deed of Trust may make a credit bid.

secured

The real property described in the attached Exhibit “A” will be sold subject to any and all superior liens, including taxes, special assessments, rightofways, 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 withdraw this Notice of Sale, without cause, until the date and time of final transfer 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: March 9, 2010 at 11:00 a.m.

Place of sale: Buncombe County Court- house Steps, Asheville, North Carolina.

This the 3rd day of Febru- ary, 2010.

By: Arlene Daley Substitute Trustee 10 White Cedar Drive Weaverville, NC 28787

February 3, 2010 EXHIBIT “A”

Being all of Lot 34, Phase 3A, Creekside of The Cliffs at Walnut Cove as shown on that plat recorded in Plat Book 98, at Page 53 of the Buncombe County, NC Register’s Office; refer- ence to which Plat is hereby made for a more particular description of said Lot,

Together With and Subject To restrictive covenants of record, including but not limited to those recorded in Book 2856, at Page 7, in Book 2856, at Page 114, in Book 4070, at Page 108, in Book 4108, at Page 1312, and all amendments thereto, of the Buncombe County, NC Register’s Office.

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 4165, at Page 1040 of the Bun- combe County, NC Regis- ter’s Office. (WL476) 2/25 3/4

FORECLOSURE SALE OF REAL PROPERTY 09 SP 1360

Under and by virtue of the power and authority contained in that certain Deed of Trust and Secu- rity Agreement, dated September 13, 2006, and recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4285 at Page 664, and because of default having been made in the payment of the indebtedness secured by said Deed of Trust and Security Agreement and failure to do and perform the stipulations and agree- ments therein contained, and pursuant to demand of the Owner and Holder of the indebtedness secured by said Deed of Trust and Security Agreement, the Substitute Trustee, Arlene Daley, 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 reference.

SUBSTITUTE TRUSTEE’S

NOTICE OF

Present Record Owner: C&H Construction, Inc.

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, rightofways, 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: March 9, 2010 at 11:00 a.m.

Place of sale: Buncombe County Court- house Steps, Asheville, North Carolina.

This the 3rd day of Febru- ary, 2010.

By:Arlene Daley Substitute Trustee 10 White Cedar Drive Weaverville, NC 28787

2010 EXHIBIT “A”

TRACT I:

Being all of Lot 14, Phase Four of The Cliffs at Walnut Cove as shown on that plat recorded in Plat Book 86, at Page 81 of the Buncombe County, NC Register’s Office; reference to which Plat is hereby made for a more particular description of said Lot.

TRACT II:

Being all of Lot 14A, Phase Four B of The Cliffs at Walnut Cove as shown on that plat recorded in Plat Book 88, at Page 192 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 tracts conveyed together with and subject to restric- tive covenants of record, including but not limited to those recorded in Book 2101, at Page 693, in Book 2856, at Page 7, in Book 3030, at Page 390, in Book 3424, at Page 464, and all amendments thereto, of the Buncombe County, NC Reg- ister’s Office.

The above-described tracts conveyed together with and subject to those easements and rights of way shown on the above-referenced Plats.

And being all of that prop- erty described in deed recorded in Book 4248, at Page 444 of the Buncombe County, NC Register’s Office. (WL477) 2/25 3/4

STATE OF NORTH CAROLINA

DATE: February 3,

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

COURT OF JUSTICE DISTRICT COURT DIVISION

09 CVD 5981

COUNTY OF BUNCOMBE, A Body Politic and

Corporate, Plaintiff vs. GLADYS WILSON; RONNIE DEAN WILSON a/k/a

Rodney Dean Wilson; LINDA GALE WILSON ROGERS, And BONNIE WILSON, indi- vidually and as personal

Representative of The Estate of Roger Dale Wilson;

And ALL KNOWN AND UNKNOWN HEIRS OF THE

ESTATE OF ROGER DALE WILSON Defendants

To: Linda Gale Wilson Rogers Last Known Address: P. O. Box 1167 Weaverville, NC 28787 - and – 127 Dula Springs Rd. Weaverville, NC 28787

TAKE NOTICE that a plead- ing seeking relief against you has been filed in the aboveentitled action in the County of Buncombe, and notice of service of process by publication begins on February 25, 2010.

The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property (Parcel ID # 9732-76-5731 known as 72 Gill Branch Rd.) described through legal description at Deed Book 922 at Page 524 of the Buncombe County Registry, which is more completely described in the Complaint. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property.

You are required to defend such pleading no later than forty (40) days after the date of the first Pub- lication of Notice stated above, exclusive of such date, being forty days after February 25, 2010, which is April 6, 2010, and upon your failure to do so, the party seeking service of process by publication will apply to the court for the relief sought.

THIS the 25th day of Febru- ary, 2010.

ROBERTS & STEVENS, P. A. Marjorie R. Mann Attorney for Plaintiff P.O. Box 7647 Asheville, NC 28802 Telephone: (828)252-6600 Facsimile: (828)210-6554 N.C. Bar No.:13202 (WL478) 2/25 3/4

FORECLOSURE SALE OF REAL PROPERTY 10-SP-68

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Keith DiYeso and Alexandra L. DiYeso husband and wife, dated October 23, 2007 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on Octo- ber 30, 2007, in Book 4482 at Page 1025; 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-

SUBSTITUTE TRUSTEE’S

NOTICE OF IN THE GENERAL

COUNTY OF BUNCOMBE

house, in Asheville, North Carolina at 10:30 AM on Monday, March 8, 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 BUNCOMBE COUNTY, NORTH CARO- LINA

BEING ALL OF Lot 30 as shown on that plat recorded in Plat Book 36, at Page 26 in the Office of the Regis- ter of Deeds for Buncombe County, reference to which is hereby made for a more particular description.

AND BEING all of that prop- erty as described in deed recorded in Book 3395, at Page 823, in the Office of the Register of Deeds for Buncombe County.

Address of property: 24 Audubon Drive, Asheville, NC 28804

Present Record Owners: Keith DiYeso and Alexan- dra L. DiYeso aka Keith Anthony Diyeso and Alex- andra Tourtellotte aka Lexi Leigh Tourtellotte aka Alex- andra Leigh Tourtellotte Diyeso

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: February 25, 2010

David A. Simpson, P.C. Substitute Trustee (704) 619-6551 (WL479) 2/25 3/4

FORECLOSURE SALE OF REAL PROPERTY 10-SP-99

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Mitchell Allen Rivers and wife Anita L. Rivers, dated July 10, 2006 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on August 1, 2006, in Book 4262 at Page 916, and modified on October 17, 2008; 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, March 8, 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:

The land referred to in this policy is situated in the STATE OF NORTH CAROLINA,

OF BUNCOMBE, CITY OF WEAVERVILLE, and described as follows:

BEING ALL OF THAT 1.001 ACRES TRACT, MORE OR LESS, AS SHOWN ON THAT PLAT FOR SAMUEL PHIL BUCKNER BY KING & SUMMEY, P.A. DATED JULY 1, 1998 AND RECORDED IN THE OFFICE OF THE REGIS- TER OF DEEDS FOR BUN- COMBE COUNTY, NORTH CAROLINA IN PLAT BOOK 72 AT PAGE 19, REFER- ENCE TO WHICH IS HEREBY MADE FOR A MORE PAR- TICULAR DESCRIPTION AND BEING A PORTION OF THAT PROPERTY DESCRIBED IN DEED BOOK 1807 AT PAGE 405 OF THE AFORESAID REGISTRY.

Being all of that certain property conveyed to MITCHELL ALLEN RIVERS AND ANITA L. RIVERS from WILLIE RAY TREADWAY AND JANIE C. TREADWAY, by deed dated 05/30/01 and recorded 05/31/01 in Deed Book 2500, Page 722 of official records.

Address of property: 49 Herron Cove Road, Weaverville, NC 28787

Present Record Owners: Mitchell Allen Rivers and Anita L. Rivers

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

COUNTY

SUBSTITUTE TRUSTEE’S

NOTICE OF

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:February 25, 2010 David A. Simpson, P.C. Substitute Trustee

Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Subsitute Trustee (704) 442-9500 (WL481) 2/25 3/4

AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S

FORECLOSURE SALE OF REAL PROPERTY 09-SP-1000

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Mark Charles Sluder and Emily Sluder, husband and wife, dated August 16, 2007 and recorded in the Office of the Register of Deeds of Bun- combe County, North Caro- lina, recorded on August 30, 2007, in Book 4457 at Page 452; 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, March 8, 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 Lot 23 of Cedar Crest Heights II as shown on a plat recorded in Plat Book 90, at Page 167, Bun- combe County Registry; reference to which plat is hereby made for a more

Continued on page 17

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