L AS cn.. EG L o t.


Legals cont...


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 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


SUBSTITUTE TRUSTEE’S


NOTICE OF 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 Attorneys for the Substitute Trustee 704-442-9500 (WL494) 3/11 3/18


Private Sale Public Notice


The Board of Aldermen of the Town of Marshall has authorized the Town Clerk to dispose of the fol- lowing property by private sale at a negotiated price:


2005 Ford Crown Victoria The minimum price to be accepted for the property is $800.


2004 Ford Crown Victoria The minimum price to be accepted for the property is $1000.


The sale may be consum- mated no earlier than March 26, 2010. Inquiries


www.weavervilletribune.com


regarding the sale may be directed to the Police Chief at Marshall Town Hall, 828-649-2111.


This notice is published in accordance with G.S. 160A-267. (WL495) 3/11


STATE OF NORTH CAROLINA


TRUSTEE’S SALE OF REAL ESTATE


In the Matter of the Fore- closure of the Deed of Trust executed by Glenn Wright Homes NC, LLC, also known as Appalachian Luxury Builders, LLC, also known as GWNC Liqui- dation, LLC, dated the 16th day of Janu- ary, 2007 and recorded in Book 4347, Page 450 of the Buncombe County Registry.


By: Rebecca J. Reinhardt, Substitute Trustee.


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Glenn Wright Homes NC, LLC (also known as Appalachian Luxury Builders, LLC, also known as GWNC Liquida- tion, LLC) dated January 16, 2007 and recorded in Book 4347, Page 450, Bun- combe County, as modified by that Release and Substi- tution of Collateral recorded in Book 4486 at Page 516, said Registry (See Substi- tution of Trustee recorded in Book 4718 at Page 332), and because of default in the payment of the indebt- edness thereby secured and failure to carry out and perform the stipulations and agreements therein contained and pursuant to an Order entered by the Clerk of the Superior Court and pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the Courthouse of Bun- combe County, located at 60 Court Plaza, Asheville, North Carolina, at 10:00 a.m. on the 30th day of March, 2010, all of those certain lots or parcels of real estate, including all improvements and fixtures located thereon, situated, lying and being in Bun- combe County, North Caro- lina, and more particularly described as follows: PROPERTY DESCRIPTION: Being all of Lot 186, Phase Two, High Meadows, as shown on a plat recorded in Plat Book 100, Page 141 in the Office of the Register of Deeds, Buncombe County, North Carolina, reference to which plat is hereby made for a more particular description of said lot.


RECORD OWNER(S) of the above described real property as reflected on the records of the Bun- combe County Public Registry not more than ten (10) days prior to the post- ing of this notice is Glenn Wright Homes NC, LLC, also known as Appalachian Luxury Builders, LLC, also known as GWNC Liquida- tion, LLC.


All other property described in the Deed of Trust, if any, is excluded from this sale.


The terms of the sale are that the property will be sold for cash to the high- est bidder and a cash deposit not to exceed the greater of ten percent (10%) of the amount of the bid, or One Thousand Dol- lars ($1,000.00), may be required at the time of the sale. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or cer- tified check at the time the Substitute Trustee tenders to him a deed for the prop- erty or attempts to tender such deed, and should said successful bidder fail to pay


COURT OF JUSTICE BEFORE THE CLERK 09 SP 1120 NOTICE OF SUBSTITUTE


IN THE GENERAL


COUNTY OF BUNCOMBE


the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for 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 property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and convey- ance “As Is, Where Is”. Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust being foreclosed, nor the offi- cers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note make any representa- tion or warranty relating to the title or any physical, environmental, health or safety conditions exist- ing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condi- tions are expressly dis- claimed. The property will be sold subject to restric- tions, easements and other matters of record, any unpaid taxes, prior mort- gages, deeds of trust and liens, special assessments, any transfer tax associated with the foreclosure, and any tax required to be paid by N.C.G.S. § 7A-308(a) (1). This sale will be fur- ther subject to the right, if any, of the United States of America to redeem the above-described property for a period of one hundred twenty (120) days following confirmation of the sale. The real property may be sold in separate parcels, all together or in any manner the Substitute Trustee determines is appropriate. The sale will be held open for ten (10) days for upset bids as required by law. An Order for possession of the property being sold may be issued pursuant to N.C.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 prop- erty 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 notice of sale, terminate the rental agree- ment upon ten 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. This the 9th day of March, 2010. Rebecca Johnston Rein- hardt, Substitute Trustee


Roberts & Stevens, P.A. 1 West Pack Square, Suite 1100 BB&T Building P.O. Box 7647 Asheville, NC 28802 (828) 252-6600 (WL496) 3/18 3/25


STATE OF NORTH CAROLINA


COURT OF JUSTICE BEFORE THE CLERK 10 SP 168


TRUSTEE’S SALE OF REAL PROPERTY


IN THE MATTER OF THE FORECLOSURE of the Deed of Trust of Asheville Land


Executives, LLC, a North Carolina limited liability company dated July 22, 2007, recorded in Book 4591, Page 1115 of the Buncombe County


Registry By: ADAM W. BULL, Substitute Trustee


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Asheville Land Executives, LLC dated July 22, 2007 and recorded on July 24, 2008


NOTICE OF SUBSTITUTE


IN THE GENERAL


COUNTY OF BUNCOMBE


in Book 4591, Page 1115 of the Buncombe County Registry (see Substitution of Trustee recorded in Book 4759, Page 993 of the Bun- combe County Registry), and because of default in the terms of the Promis- sory Note secured thereby and failure to carry out and perform the stipulations and agreements therein contained and pursuant to an Order entered by the Clerk of the Superior Court and pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the Courthouse of Buncombe County, located at 60 Court Plaza, Asheville, North Car- olina, at 10:00 a.m. on the 1st day of April, 2010, all of those certain lots or parcels of real estate, including all improvements and fixtures located thereon, situated, lying and being in Bun- combe County, North Caro- lina, and more particularly described as follows: PROPERTY DESCRIPTION: Being all of Lots 1 and 2 as shown on a plat recorded in Plat Book 110, Page 180 of the Buncombe County Registry, reference herein made for a more particular description.


RECORD OWNER(S) of the above described real property as reflected on the records of the Buncombe County Public Registry not more than ten (10) days prior to the posting of this notice is: Asheville Land Executives, LLC.


All other property described in the Deed of Trust, if any, is excluded from this sale. The terms of the sale are that the property herein- before described will be sold for cash to the high- est bidder and that the undersigned may require the successful 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 pur- chase price so bid in cash or certified check at the time the Substitute Trustee tenders to the bidder a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for 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 property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and convey- ance “As Is, Where Is”. Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust being foreclosed, nor the officers, directors, attorneys,


agents or authorized rep- resentatives of either the Substitute Trustee or the holder of the Note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relat- ing to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions are expressly disclaimed. The property will be sold sub- ject to any and all restric- tions, easements and other matters of record, superior liens, including but not limited to taxes, prior mort- gages, deeds of trust and liens, special assessments, any transfer tax associated with the foreclosure, and any tax required to be paid by N.C.G.S. § 7A-308(a) (1). This sale will be fur- ther subject to the right, if any, of the United States of America to redeem the above-described property for a period of one hundred twenty (120) days follow- ing confirmation of the sale. The real property may be sold in separate parcels, all together or in


employees,


any manner the Substi- tute Trustee determines is appropriate. The sale will be held open for ten (10) days for upset bids as required by law. The holder of the Deed of Trust and the Promissory Note secured thereby reserves the right to withdraw this Notice of Sale, without cause, until the date and time of final transfer of the property. An Order for possession of the property being sold may be issued pursuant to N.C.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 prop- erty 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 notice of sale, terminate the rental agree- ment upon ten 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. This the 5th day of March, 2010. Adam W. Bull, Substitute Trustee BULL & REINHARDT, PLLC 64 Broadway, Suite 100 Asheville, NC 28801 (828) 254-0499 (WL497 ) 3/18 3/25


FORECLOSURE SALE OF REAL PROPERTY 10 SP 170


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Christopher D. Berloni and Wife, Cyn- thia Berloni, dated August 2, 2007 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on August 7, 2007, in Book 4446 at Page 3; 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 29, 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 54 and 55, Burnside, Phase IV at Biltmore Park as shown on the plat entitled “Burnside, Phase IV, at Biltmore Park”, and recorded in Plat Book 76 at Page 46 in the Office of the Register of Deeds for Buncombe County, North Carolina, reference to which is hereby made for a more particular descrip- tion.


It is the intent of this deed to convey to the Grantees Lot 54 and 55 as one lot. This lot shall be conveyed in future deeds as a single lot and may not be subdi- vided.


BEING the same property as conveyed by deed recorded in Deed Book 2620, Page 172, Buncombe County Registry.


Address of property: 2016 Viburnum Lane, Asheville, NC 28803


Present Record Owners: Christopher D. Berloni and Cynthia Berloni


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),


SUBSTITUTE TRUSTEE’S


NOTICE OF


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 8, 2010


David A. Simpson, P.C. Substitute Trustee


Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500 (WL498) 3/18 3/25


FORECLOSURE SALE OF REAL PROPERTY 10 SP 0003


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by JoAnnah M. Carlton and husband, Perry L. Carlton also known as Perry Lynn Carlton and wife, JoAnnah Michael Carlton, dated December 14, 2007 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on December 19, 2007, in Book 4502 at Page 797; 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


SUBSTITUTE TRUSTEE’S


NOTICE OF


the usual place of sale at Buncombe County Court- house, in Asheville, North Carolina at 10:30 AM on Monday, March 29, 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 Lots 6 and 7, Block J of Beverly Hills as shown on that plat recorded in Plat Book 18, at Page 25 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 586, at Page 469, 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 2185, at Page 229 of the Buncombe County, NC Register’s Office.


Address of property: 20 East Hawthorne Drive, Asheville, NC 28805


Present Record Owners: Joannah M. Carlton and Perry L. Carlton


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 18, 2010


David A. Simpson, P.C. Substitute Trustee


By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500 (WL499) 3/18 3/25


FORECLOSURE SALE OF REAL PROPERTY 09 SP 1562


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Jean Begemann aka Jean M. Begemann and husband Kurt A. Begemann, dated June 6, 2007 and recorded in the Office of the Regis- ter of Deeds of Buncombe County, North Carolina, recorded on June 12, 2007, in Book 4418 at Page 499; 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 29, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Hendersonville, County of Buncombe, State of North Carolina, and being more particularly described as follows:


Being all of Lot 9 of Tim- berline as shown on a plat recorded in the Office of the Register of Deeds, Bun- combe County, NC, in Plat Book 68 at Page 151, ref- erence to which is hereby made for a more particular description


Being the identical prop- erty as conveyed to Kurt A. Begemann and wife, Jean M. Begemann on 2/23/2005, in Book 3932, Page 330 in the Buncombe County Public Registry. PIN: 0614.00-87-6741.000 17 Autumn View Drive Hendersonville NC 28792


Address of property: 17 Autumn View Drive , Hendersonville, NC 28792


Present Record Owners: Jean Begemann aka Jean M. Begemann and Kurt A. Begemann


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.


SUBSTITUTE TRUSTEE’S


NOTICE OF


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 18, 2010


David A. Simpson, P.C. Substitute Trustee Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500 (WL500) 3/18 3/25


FORECLOSURE SALE OF REAL PROPERTY 09 SP 1420


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Melissa L Baker, Robert C Baker II, husband and wife, dated April 20, 2005 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on April 20, 2005, in Book 3990 at Page 508; 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 29, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Biltmore Lake, County of Buncombe, State of North Carolina, and being more particularly described as follows:


Being all of Unit 107, Phase One, Block A2 in Biltmore Lake shown as Lot 107 on the plat entitled “Phase One, Block A2, Biltmore Lake” recorded in Plat Book 84, at Page 135 of the Buncombe County, NC Register’s Office, refer- ence to which Plat is hereby made for a more particular


SUBSTITUTE TRUSTEE’S


NOTICE OF


March 18 - March 24, 2010 - THE TRIBUNE 13


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