L AS cn.. EG L o t.


Legals cont...


particular description of said Lot.


And Being a portion of that property described in Deed Book 4214, at Page 1353, Buncombe County Registry.


Address of property: 19 Angler Trail, Asheville, NC 28803


Present Record Owners: Mark C Sluder a/k/a Mark Charles Sluder


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 Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500 (WL482) 2/25 3/4


CAROLINA COUNTY OF BUNCOMBE


NOTICE OF SALE, FORECLOSURE IN THE GENERAL COURT OF JUSTICE


STATE OF NORTH


SUPERIOR COURT DIVISION


2010-SP-56


IN THE MATTER OF THE FORECLOSURE OF THAT DEED OF TRUST RECORDED IN BOOK 4609, AT PAGE 489 ON SEPTEMBER 22, 2008


BYNUM HOMES, INC. BRUCE BYNUM SPRINKLE, JR.


TO:


WENOCA, INC., 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 foreclosed is a Deed of Trust to WENOCA, INC. (“Original Trustee”) in favor of Asheville Savings Bank, SSB (“Lender” / “Beneficiary”) dated Sep- tember 22, 2008, recorded on September 22, 2008 in Buncombe County Register of Deeds Trust Book 4609, at Page 489, securing an original principal amount of $ 130,000.00. 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: Bynum Homes, Inc.


(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 March 5, 2010 at 11:30am.


(3) The property being sold hereunder is known as 27 Hi Alta Avenue, Asheville, NC 28806, and specifically described as:


Being all of Tract B as shown on that plat recorded in Plat Book 135 at Page 87 of the Buncombe County Regis- try, reference to which is hereby made for a more particular description.


Being a portion of that property conveyed by deed recorded in Book 4514, Page 1356 and all of that property conveyed by deed recorded in Book 4589 at Page 633 both of the Bun- combe 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


www.weavervilletribune.com


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 February 10, 2010.


Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL483) 2/25 3/4


NOTICE OF SERVICE OF PROCESS BY PUBLICATION


STATE OF NORTH CAROLINA


09-CVD-6581


Patterson Dental Supply, Inc., a Minnesota corpora- tion, Plaintiff,


vs.


Kathryn PhilpottHill, D.D.S. and The Bank of Asheville, Defendants.


TO: Kathryn PhilpottHill , D.D.S.


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 as follows: an action seek- ing money owed for goods sold and delivered.


You are required to make defense to such pleading not later than the 6th day of April, said date being 40 days from the first publi- cation of this notice, and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought.


This the 25th day of Feb- ruary


Patricia W. Harvey, Attorney For Plaintiff 46 Orchard St., Suite C Asheville, NC 28801 NC Bar No.: 18472 Tel. 828-285-9262 Fax 828-285-9101 (WL484) 2/25 3/4 3/11


BUNCOMBE COUNTY


NOTICE OF SALE File No: 10 SP 74


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: 1.


ant to which such sale will be held is that certain Deed of Trust executed by The EcoBuilders, Inc., Rich- ard Kucharski and Glenda Kucharski, original mort- gagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4395, at Page 493. 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,


EcoBuilders, Inc. 2. The property will be sold by the Substitute Trustee at 12:00 (Noon) p.m. on the 17th day of March, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is generally described as 11 Kenilworth Road, Asheville, NC 28803 and described as follows: BEING all of Tract A and Tract B in the Subdivi- sion for Jean M. Jones as shown on Plat Book 115, at Page 131 of the records maintained by the Register of Deeds for Buncombe County, North Carolina; ref- erence to which is hereby made for a more particular description of said prop- erty. ALSO BEING that same property described in a deed recorded in Deed Book 4339, at Page 1584, Buncombe County Reg- istry. Any property described in the Deed of Trust which is not being offered for sale is described as fol- lows: Less and except any property previously released pursuant to any Release Deeds recorded in the Buncombe County Public Registry, including, without limitation, Release Deed recorded in Book 4611, at Page 1866 of the Buncombe County, North Carolina Public Registry. 4. Any buildings located 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


is: The The instrument pursu-


COUNTY OF BUNCOMBE


CAROLINA


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 17th day of Febru- ary, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC.


By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL485) 3/4 3/11


STATE OF NORTH CAROLINA


NOTICE OF SALE File No: 10 SP 48


TAKE NOTICE THAT: Rain- tree Realty Construction, Inc., 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 Mark Donald Mead, unmarried, original mortgagor, and recorded in the Office of the Buncombe County Reg- ister of Deeds in Deed of Trust Book 4455, at Page 1552 and re-recorded in Book 4512, at Page 430. 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 12:00 (Noon) p.m. on the 17th day of March, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina.


3. The real property to be sold is generally described as 19 Florian Way, Fletcher, NC 28732 and described as follows: BEING all of Tract B, containing 1.238 acres, more or less, as shown on survey by J. Glenn Hanes, PLS, dated April 30, 2007 and recorded in Plat Book 129, Page 133, Buncombe County, NC Registry, ref- erence to which is hereby made for a more particular description of said Tract B. TOGETHER WITH AND SUBJECT TO a twenty foot wide (20’) appurtenant, non-exclusive right of way from Emmas Grove Road to the southeastern corner of Tract B as shown on said recorded survey and as further described by deed recorded in Deed Book 1312, at Page 231 and Book 1575, at Page 45 of the Buncombe County, NC Registry. SUBJECT TO that twenty foot wide (20’) right of way as described by deed recorded in Deed Book 1527, at Page 654 of the Buncombe County, NC Registry. TOGETHER WITH AND SUBJECT TO that addi- tional non-exclusive twenty (20’) wide road right of way for ingress, egress and regress and for the instal- lation and maintenance of utilities and drainage facili- ties, which right of way is


COUNTY OF BUNCOMBE


more particularly shown on plat recorded in Plat Book 129, at Page 133 and which intersects with the northern terminus of the right of way as described in Deed Book 1312, at Page 231 at the southern boundary of said Tract B and runs along said southern boundary and the centerline of said right of way is the eastern bound- ary of said Tract B as more particularly shown on the recorded plat. SUBJECT TO the rights of other in and to all rights of ways as previously shown on that plat recorded in Plat Book 36, at page 138 of the Buncombe County, NC Registry. TOGETHER WITH a non- exclusive easement for water lines to and use of that well which is located upon Tract A, to be retained by the Grantor, and specifi- cally shown on the above referenced recorded plat. SUBJECT TO the benefits and burdens of a that road and well maintenance agreement to be recorded simultaneously herewith. ALSO INCLUDED is a


1991 Clay MH bearing VIN CLR005745TNAB located on the property. 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 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 17th day of Febru- ary, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC.


By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL486) 3/4 3/11


STATE OF NORTH CAROLINA


AMENDED NOTICE OF SALE


File No: 10 SP 50


TAKE NOTICE THAT: Rain- tree Realty and Construc- tion Inc, 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 Asheville West, LLC, original mort- gagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4597, at Page 123 as modified in Book 4674, at Page 1931. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to post- ing this Amended Notice of Sale, if not the original mortgagors, is: N/A


2. The property will be sold by the Substitute Trustee at 12:00 (Noon) p.m. on the 17th day of March, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina.


3. The real property to be sold is generally described as 109 Broadway Street, Asheville, NC 28801 and described as follows: BEGINNING at a stake in the western margin of Broadway, said stake being located South 41° 40’ East 127 feet distant from a point where the southern margin of Lexington Avenue intersects with the western margin of Broadway; and runs thence along and with a party wall South 57° 56’ West 88.47 feet to stake in the eastern margin of Lex- ington Avenue; thence along and with the said margin of Lexington Avenue South 17° 37’ East 25 feet to a stake in said margin of said Lexington Avenue; thence along and with a party wall North 58° 11’ East 98.88 feet to a stake in the West- ern margin of Broadway; thence along and with the said margin of Broadway North 41° 40’ West 25 feet to the point of BEGINNING. Being the same property conveyed to James V. Rees (now deceased) and wife, Dorothy F. Rees, by Deed dated August 27, 1946, and recorded in the Office of the Register of Deeds for Buncombe County, N.C., in Deed Book 620, at Page 52, and also described in sub- sequent deed from James V. Rees to Dorothy F. Rees, recorded in said Register’s Office in Deed Book 649, at Page 375.


This Deed is made subject to existing party walls and party walls agreement recorded in said Register’s Office, in Deed Book 208, at Page 78, and Deed Book 215, at Page 537, and all restrictions of record in Deed Book 1028, at Page 392, Buncombe County Registry.


The above-described Parcel Nine is the same property conveyed from Dorothy F. Rees, Widow, to Harold A. Talbert, Jr., in Deed Book 1028, at Page 392, of the Buncombe County, N.C. 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 on the above-described


COUNTY OF BUNCOMBE


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 22nd day of Feb- ruary, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC.


By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL487) 3/4 3/11


FORECLOSURE SALE OF REAL PROPERTY 10-SP-88


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Joel Victor Sloan and Rebecca Jane Sloan, husband and wife, Joel Victor Sloan, attorney in fact for Rebecca Jane Sloan, dated September 23, 2004 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on September 27, 2004, in Book 3788 at Page 868; 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


house, in Asheville, North Carolina at 10:30 AM on Monday, March 15, 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 #15 con- taining 0.256 acres as shown on a plat entitled “White Oak Grove Sub- division”, said plat being recorded in the Office of the Register of Deeds for Buncombe County, North Carolina in Plat Book 90, Page 57. Reference to said plat is hereby made for a more particular description of said property.


Being a portion of the prop- erty conveyed to Swann Construction Company, Inc. as recorded in Deed Book 2860, pages 698- 700, Buncombe County Registry.


THERE IS ALSO CONVEYED HEREWITH a non-exclusive right of way for ingress, egress, and regress over and upon the roadways leading from the above described property to Bald- win Road (SR 3189), said roadways being more par- ticularly described on the above referenced plat.


THIS PROPERTY IS CON- VEYED SUBJECT TO the rights of the others in and to the use of the above ref- erenced rights of way.


THE GRANTOR herein spe- cifically reserves until itself, successors, and/or assigns a right of way over and upon the above referenced rights of way and further specifi- cally reserves the right to grant additional easements over said rights of way.


Being the same property described in a Deed to JOHN J. MILLER, and wife, JANIE F. MILLER, recorded in the Office of the Register of Deeds for Buncombe County in Deed Book 3555, at Page 766.


Address of property: 12 Whitleigh Court, Arden, NC 28704


Present Record Owners: Joel Victor Sloan and Rebecca Jane Sloan


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 4, 2010


David A. Simpson, P.C. Substitute Trustee


By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500 (WL488) 3/4 3/11


FORECLOSURE SALE OF REAL PROPERTY 10-SP-94


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Wesley Pearson and Tammy Pear- son, dated July 15, 1998 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on July 16, 1998, in Book 1972 at Page 773, and re-recorded on August 26, 1998, in Book 1990 at Page 168; 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 Court- house, in Asheville, North Carolina at 10:30 AM on Monday, March 15, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Swannanoa, County of Buncombe, State of North Carolina, and being more particularly described as follows:


LYING AND BEING in Swan- nanoa Township, Buncombe County, North Carolina and being a portion of the prop- erty as described in Deed Book 2012, at Page 125, Buncombe County, North Carolina Registry (the parent tract) and more particularly described as follows: BEGINNING at an iron pin, said iron pin marking the terminus of the 5 th call of the parent tract and running thence South 68 degrees, 48 minutes, 36 seconds West a distance of 111.35 feet to an iron pin located in the northern margin of Har- rison Street (S.R. 2730); running thence North 47 degrees, 31 minutes, 44 seconds West a distance of 130.00 feet to a nail; running thence a new line, North 64 degrees, 35 minutes, 52 seconds East a distance of 179.01 feet; running thence South 17 degrees, 00 minutes, 00 seconds East a distance of 130.00 feet to an iron pin, said iron pin marking the place and point of BEGIN- NING and being Lot 3, con- taining 0.413 acre, more


Continued on page 18


March 4 - March 10, 2010 - THE TRIBUNE 17


SUBSTITUTE TRUSTEE’S


NOTICE OF


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