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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 or less as shown on a plat entitled “Survey for Rex A. Padgett” dated March 20, 1998, by Scott Vindal, RLS, which plat reference is made for a more particular description of the same.


SUBSTITUTE TRUSTEE’S


NOTICE OF


“Together with a certain 1997 Masterpiece manu- factured home with Serial # MP1805428A/B located on the above described property.”


Address of property: 215 Harrison Street a/k/a 207 Harrison Street, Swan- nanoa, NC 28787


Present Record Owners: Tammy Pearson and Wesley Pearson


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 Substi-


tute Trustee 704-442-9500 (WL489) 3/4 3/11


AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S


FORECLOSURE SALE OF REAL PROPERTY 09 SP 1206


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Holly D. Wybel,


www.weavervilletribune.com


dated September 26, 2006 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on September 28, 2006, in Book 4292 at Page 1; and because of default in the payment of the indebted- ness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Sub- stitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Buncombe County Court- house, in Asheville, North Carolina at 10:30 AM on Monday, March 22, 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 24 OF THE PROPERTY OF HAW- CREEK REALTY CO. AS THE SAME IS SHOWN ON A PLAT THEREOF RECORDED IN THE OFFICE OF THE REG- ISTER OF DEEDS FOR BUN- COMBE COUNTY, NORTH CAROLINA, IN PLAT BOOK 2 AT PAGE 17; REFERENCE TO WHICH IS HEREBY MADE FOR THE PURPOSE OF PROVIDING A MORE PARTICULAR DESCRIP- TION OF SAID LOT. ALSO BEING THAT SAME REAL PROPERTY AS CON- VEYED TO THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWABS 04-10 BY DEED DATED 9/27/05, FILED 9/30/05 IN DEED BOOK 4113 AT PAGE 1982 OF THE BUNCOMBE COUNTY, NORTH CARO- LINA REGISTRY.


Address of property: 77 Saint Dunstans Circle, Asheville, NC 28803


Present Record Owners: Holly Donielle Wybel a/k/a Holly D. Wybel


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 11, 2010 David A. Simpson, P.C. Substitute Trustee


By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Subsitute Trustee (704) 442-9500 (WL490) 3/11 3/18


STATE OF NORTH CAROLINA


COURT OF JUSTICE DISTRICT COURT DIVISION


GENERAL NOTICE OF TAX


FORECLOSURE SALE


COUNTY OF BUNCOMBE, A Body Politic and Corporate,


Plaintiff, v.


PISGAH VIEW COMMUNITY SERVICES, INC.


A Florida Corporation, Owner; KRYSTAL E.


SMITH, Beneficiary; and GENE G. JOHNSON, Trustee


Defendants


Under and by virtue of a Judgment of the Assistant Clerk of the Buncombe County Superior Court, North Carolina, made and entered in the action enti- tled “County of Buncombe vs. Pisgah View Community Services, Inc., et al,” the undersigned Commissioner will, on the 26th day of March, 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” incorporated herein by ref- erence. The property lies within Buncombe County, North Carolina, and is more particularly described in Exhibit “A” (PIN #: 9694- 45-7961; Brush Creek Circle) attached hereto. The sale will be held on the Buncombe County Court- house Doorway in Asheville, North Carolina.


The sale will be made subject to all outstanding City and County taxes and all superior restrictions of record and local improve- ment assessments against the abovedescribed prop- erty not included in the Judgment in the aboveen- titled cause. All junior liens will be extinguished upon sale.


The property, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty.


The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the under- signed will require the suc- cessful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certi- fied check at the time the


FILE NO.: 09 CVD 4644


IN THE GENERAL


COUNTY OF BUNCOMBE


Commissioner tenders the bidder a Deed for the prop- erty, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the pur- chase price bid, the bidder shall remain liable for said bid. The Buncombe County Tax Collector may make a credit bid.


This sale will remain open for ten (10) days, as by law required, at which time an upset bid may be made with the Clerk of Court for Buncombe County, North Carolina. The Notice may be withdrawn at any time until the conclusion of the sale.


This 23rd day of February, 2010.


ROBERTS & STEVENS, P.A. Marjorie R. Mann Commissioner P.O. Box 7647 Asheville, NC 28802 Telephone: (828)252-6600 Facsimile: (828)210-6554 N.C. Bar No. 13202


CERTIFICATE OF SERVICE


This is to certify that the undersigned has this date served the foregoing Gen- eral Notice of Tax Fore- closure upon the parties below by depositing a copy hereof in a postpaid wrap- per in a Post Office or offi- cial depository under the exclusive care and custody of the United States Postal Service:


Michael Frue Buncombe County Tax Dept. 60 Court Plaza Asheville, NC 28801


Krystal E. Smith 239 Saunders Run Drive Walker, WV 26180


Gene G. Johnson, Trustee Johnson Law Firm, PA P. O. Box 1288 Arden, NC 28704


Pisgah View Community Services, Inc. c/o Charles Leigh, Regis- tered Agent, Officer, Manager, Direc- tor or Person in Charge of Office 7813 N. Nebraska Avenue Tampa, FL 33604


This the 23rd day of Febru- ary, 2010.


Exhibit A


Parcel ID 9694-45-7961 (Brush Creek Circle) TRACT VII


Being all Grantor’s interest acquired in those Deeds as are recorded in Deed Book 3854, beginning at Page 703; and Deed Book 4161, beginning at Page 1622, inclusive, of the Buncombe County, North Carolina Registry; reference to said deeds is hereby made and incorporated herein; said parcel being more particu- larly described as follows:


Being that parcel conveyed to W.G. Reed, Mrs. R. C. Kerry, and Mrs. R. C. Wright by a tax deed dated Octo- ber 11, 1949, and recorded in Deed Book 681, begin- ning at Page 580, of the aforesaid Registry; said parcel previously known as Lot 16 as shown Buncombe County Tax Map number 45, Ward 20, Fairview Township, and being the same property described in that Deed to B.F. Mer- rell and H.M. Reed, dated November 19, 1892, and recorded in Deed Book 91, beginning at Page 408 of the aforesaid Registry.


Together with and subject to that certain right of way and easement for ingress, egress, regress and instal- lation of utilities for that unnamed roadway, 20 feet in width, as the same leads to and from Bethany Church Road (n/f Brush Creek Road) over and upon the land of others. Said right of way having been open, in existence, and in general use as a sole and necessary means of ingress to and egress from the dwelling houses of one or more families situated upon the herein conveyed lands, since prior to year


1933, and lies outside the boundaries of any incorpo- rated city or town.


Together with and subject to those rights of way, easements and restrictions as are recorded in the Bun- combe County, North Caro- lina Registry, reference to which are hereby made and incorporated herein. (WL491) 3/11 3/18


STATE OF NORTH CAROLINA


File No: 10 SP 101 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deeds of Trust described below, and by under and by virtue of the power of sale contained in such Deeds of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described prop- erty at public auction as follows:


1. The instruments pursu- ant to which such sale will be held are those certain Deeds of Trust executed by Gerda’s Owl’s Nest, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4388, at Page 1859 and Book 4562, at Page 217. The record owner of such property, as reflected on the records of the Reg- ister of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgag- ors, is: N/A


2. The property will be sold by the Substitute Trustee at 11:30 a.m. on the 24th day of March, 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 16 and 22 Engadine Lane a/k/a 2630 Smokey Park Highway, Candler, NC 28715 and described as follows:


Tract 1 Containing 7.46 acres, more or less, as shown on plat dated June 13, 2000, prepared for Owl’s Nest Inn, LLC, by Freeman Land Surveying, PLLC, bearing Drawing File No. S-0006-091 and being all of that property described in that certain Deed of Trust recorded in Book 4388, at Page 1859 and Book 4562, at Page 217 of the Buncombe County, North Carolina Register of Deeds and said description is incorporated herein by reference.


The above-described prop- erty is conveyed together with and subject to any easements,


and rights of way of record including but not limited to that right of way for South- ern Railway as more par- ticularly described in Plat Book 55 at Page 157 of the aforesaid Registry and the right of way of Old Highway 19-23.


Tract 2 Being that 2.01 acre and that 2.31 acre tract as shown on a plat entitled “Linda O’Neal Crawford” prepared by Ray E. Anders dated September 23, 1988, as revised through Decem- ber 30, 1991, and being more particularly described in that certain Deed of Trust recorded in Book 4388, at Page 1859 and Book 4562, at Page 217 of the Buncombe County, North Carolina Register of Deeds and said description is incorporated herein by reference.


All parties using said Drive shall bear an equitable share of the cost of repair and maintenance thereof.


Also conveyed herein are all those water rights as described in Deed Book 1532 at page 485.


Any property described in the Deeds of Trust which is not being offered for sale is


restrictions


COUNTY OF BUNCOMBE


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 Deeds 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 Deeds 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 24th 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 (WL492) 3/11 3/18


STATE OF NORTH CAROLINA


File No: 10 SP 102 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows:


1. The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Har- rell & Associates Realtors, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed


COUNTY OF BUNCOMBE


of Trust Book 4009, at Page 564, as modified in Book 4415, at Page 1486 and in Book 4704, at Page 1293. 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 11:30 a.m. on the 24th day of March, 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 Wayward Path, Hideway Glen Subdivision, Consist- ing of Lots 12-13, Candler, NC 28715 and described as follows:


Tract One: Being all of that certain parcel of property contain- ing 5.604 acres, more or less, as shown on that plat recorded in Plat Book 101, at Page 54 of the Buncombe County, NC Register’s Office; reference to which Plat is hereby made for a more particular description of said Property. The above-described Prop- erty is conveyed together with and subject to the benefits and burdens of that certain easement and right of way for ingress, egress and regress from the above-described Prop- erty to Asbury Road as described and set forth in that deed recorded in Deed Book 983, at Page 565 of the Buncombe County, NC Register’s Office. The above-described Prop- erty is further conveyed together with the benefits of that certain Boundary Line Agreement and con- firmation of beneficial easement set forth therein recorded in Record Book 3558, at Page 153 of the Buncombe County, NC Register’s Office. And being all of that prop- erty described in deed recorded in Record Book 3587, at Page 320 of the Buncombe County, NC Register’s Office.


Tract Two: Being all of Tract A as shown on that plat recorded in Plat Book 101, at Page 54 of the Buncombe County, NC Register’s Office; refer- ence to which Plat is hereby made for a more particular description of said Tract A. By execution of this Deed, the Grantor does hereby acknowledge that the said Tract A shall be combined with the 5.604 acre parcel as shown on said Plat and that the Grantee, among all other lawful uses, intends to use the said Tract A as a means of access from Pritchard Road to the said 5.604 acre parcel. And being all of that prop- erty described in deed recorded in Record Book 3587, at Page 323 of the Buncombe County, NC Register’s Office. Less and except any prop- erty previously released pursuant to any Release Deeds recorded in the Buncombe County Public Registry, including, without limitation, Release Deeds recorded in Book 4292, at Page 1079, Book 4444 at Page 1274, Book 4458 at Page 1929, Book 4485 at Page 565, and in Book 4496 at Page 1295 of the Buncombe County, North Carolina Public 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 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 24th 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 (WL493) 3/11 3/18


FORECLOSURE SALE OF REAL PROPERTY 10 SP 130


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Brenda L. Bustos unmarried, dated June 20, 2008 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on June 25, 2008, in Book 4581 at Page 101; 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 22, 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:


Beginning on a concrete monument on the West margin of South Main Street, in the Town of Weaverville, said monu- ment lying at the common eastern corners of Lots 18


SUBSTITUTE TRUSTEE’S


NOTICE OF


and 19 of the Plat of record in Plat Book 154 at Page 56, and running from the point of beginning thus estab- lished, with the common lines of Lots 18 and 19, due West 149.94 feet to a con- crete monument, thence runs North 31° 44’ 10” East 86.55 feet to a concrete monument, thence runs South 89° 59’ 20” East 156.08 feet to a concrete monument, thence runs South 35° 04’ 37” West 89.91 feet to the point and place of Beginning


And being all of that prop- erty described in that deed recorded in Book 2627, at Page 378 of the Buncombe County, NC Registers Office


Address of property: 103 S Main Street, Weaverville, NC 28787


Present Record Owners: Brenda L. Bustos


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 11, 2010


David A. Simpson, P.C. Substitute Trustee Attorney at Law Rogers Townsend & Thomas, PC


Continued on page 19


March 11 - March 17, 2010 - THE TRIBUNE 17


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