L AS cn.. EG L o t.


Legals cont...


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


SUBSTITUTE TRUSTEE’S


NOTICE OF


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.


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, reference to which Plat is hereby made for a more particular description of said Lot


Together With and Subject To that Community Charter for Biltmore Lake recorded in Book 2801, at Page 692, as revised in that Supple- ment to the Community Charter for Biltmore Lake recorded in Book 3253, at Page 560, 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


Being all of that property described in deed recorded in Deed Book 3433, at Page 329 of the Buncombe County, NC Register’s Office


Address of property: 107 Mountain Drive, Bilt- more Lake, NC 28715


Present Record Owners: Melissa L Baker and Robert C Baker II


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.


20 THE TRIBUNE - March 25 - March 31, 2010


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 (704) 619-6551 (WL501) 3/18 3/25


UNCLAIMED PROPERTY


The following is a list of unclaimed and confiscated property at the Buncombe County Sheriff’s Office: electronic equipment; cam- eras; clothing; lawn and garden equipment; com- puter equipment; personal items; tools; weapons; jewelry; automotive items; building supplies; bikes and other miscellaneous items. Anyone with a legitimate claim or interest in this property has 30 days from the date of this publication to make a claim. Unclaimed items will be disposed of according to statutory law. Any claims should be made to M.T. Hricinak, 828-250- 4465.


NOTICE OF DISPOSITION The following is a list of unclaimed and confiscated property at the Buncombe County Sheriff’s Office tagged for disposition: audio and video equipment; cameras; clothing; lawn and garden equipment; com- puter equipment; personal items; tools; weapons; jewelry; automotive items; building supplies; bikes and other miscellaneous items. All items will be disposed of 30 days from posted date. (WL502) 3/18


NORTH CAROLINA LEE COUNTY


COURT OF JUSTICE DISTRICT COURT DIVISION


FILE NO.: 10 CVD 39


MARIA ISABEL MARTINEZ vs. HUGO HERNANDEZ GODINA


TO: HUGO HERNANDEZ GODINA


TAKE NOTICE that a plead- ing seeking relief against you has been filed by the plaintiff in the above-ref- erenced action, the nature of the relief sought is as fol- lows: Summary Judgment Absolute Divorce.


You are required to make defense to such pleading not later than April 27, 2010


IN THE GENERAL NOTICE OF


and upon your failure to do so the party seeking service against you will apply to the court for relief sought.


This the 17th day of March, 2010.s


Tiffany T. Jefferson Attorney for Maria Isabel Martinez P.O. Box 1653 Sanford, NC 27331-1653 (919) 775-5653 (WL503) 3/18 3/25 4/1


STATE OF NORTH CAROLINA


NOTICE OF SALE File No: 10SP 38


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:


The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Com- mercial Marketplace, Inc., original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4283, at Page 1948. 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.


The property will be sold by the Substitute Trustee at 12:30 p.m. on the 9th day of April, 2010 at the above named County Courthouse door in the City of Asheville, North Carolina.


The real property to be sold is generally known as Lot 2 at Beaver Drive, Asheville, NC, and is described as follows:


Being all of Lot 2, inclusive, as is shown on that plat entitled “Survey for Dean Pistor”, as is recorded in Plat Book 121 at Page 24 of the Buncombe County, North Carolina Registry, reference to which plat is hereby made and incorpo- rated.


The above described parcel is being conveyed TOGETHER WITH AND SUBJECT TO those rights of way and easements as shown on that above refer- enced Plat and those rights of way, easements and restrictive covenants as are recorded in the Buncombe County, North Carolina Register’s Office, reference to which is hereby made and incorporated.


And being a portion of Tract B as is described in that deed recorded in Deed Book 2744 at Page 136 of the aforesaid Registry, ref- erence to which are hereby made and incorporated. Any property described in the Deed of Trust which is not being offered for sale is described as follows: N/A. Any buildings located on the above-described prop- erty are also included in the sale.


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).


All bidders bid for the prop- erty 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


COUNTY OF BUNCOMBE


interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. The property will be sold subject to all unpaid taxes and special assessments. 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.


Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: An order for pos- session 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 as Foreclosure Act which became effective May 20, 2009.


THIS the 5th day of March, 2010.


A. Robert York, Substitute Trustee, Raintree Realty and Construction, Inc., PO Box 8942, Asheville, NC 28814. (WL504) 3/25 4/1 2010


BUNCOMBE NOTICE OF SALE


File No: 10 SP 39


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:


The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Com- mercial Marketplace, Inc., original mortgagors, and recorded in the Office of the Buncombe County Reg- ister of Deeds in Deed of Trust Book 3718, at Page 8. 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.


The property will be sold by the Substitute Trustee at 12:30 p.m. on the 9th day of April, 2010 at the above named County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally known as .63 acres Broadway Street and 12 Hillside Street, Asheville, NC, and is described as fol- lows:


TRACT 1 9649 13 14 4723


BEING all of the lands described in and conveyed by a certain deed from Flaville McNeil Gaddy and husband, Weldon E. Gaddy, to Clyde E. McNeil and wife, Hazel L. McNeil, which is recorded in Book 1112, Page 78, in the office of the Register of Deeds of Bun- combe County, to which deed reference is hereby made for greater certainty of description.


SUBJECT TO easements,


STATE OF NORTH CAROLINA COUNTY OF


restrictions, and rights of way of record and utility lines in existence over and under subject property, and ad valorem taxes for the year 2004, and expressly subject to the right of way of Broadway to its full legal width.


TRACT 2 9649 13 14 4519


BEING all of the lands described in and conveyed by a certain deed from Velma T. Lyda, Widow of William C. Lyda, to Clyde E. McNeil and wife, Hazel L. McNeil, which is recorded in Book 1252, Page 127, in the office of the Regis- ter of Deeds of Buncombe County, to which deed reference is hereby made for greater certainty of description.


SUBJECT TO easements, restrictions, and rights of way of record and utility lines in existence over and under subject property, and ad valorem taxes for the year 2004, and expressly subject to the right of way of Broadway to its full legal width.


TRACT 3 BEING all of that property described in a Deed from L. J. Hensley and wife, Betty Sue Hens- ley to Dean Pistor recorded in Book 2080, Page 646, Buncombe County Regis- try, reference to which is hereby made for a more particular description.


Parcel Number 9649 13-14-4685


Any property described in the Deed of Trust which is not being offered for sale is described as follows: N/A. Any buildings located on the above-described prop- erty are also included in the sale.


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).


All bidders bid for the prop- erty 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. The property will be sold subject to all unpaid taxes and special assessments. 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.


Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: An order for pos- session 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 as Foreclosure Act which became effective May 20, 2009.


THIS the 5th day of March, 2010.


Robert York, Substitute Trustee, Raintree Realty and Construction, Inc., PO Box 8942, Asheville, NC 28814. (WL505) 3/25 4/1 2010


FORECLOSURE SALE OF REAL PROPERTY


8062.0000342 10-SP-173


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Jason C Reis, and Stuart Reis, dated October 13, 2006 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on Octo- ber 18, 2006, in Book 4302 at Page 675; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agree- ments contained therein and, pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Buncombe County Court- house, in Asheville, North Carolina at 10:30 AM on Monday, April 5, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Candler, County of Buncombe, State of North Carolina, and being more particularly described as follows:


Being known and desig- nated as all of Condomin- ium Unit #107 in Building 400, along with Garage Unit #2, Building E; Garage Unit #3, Building E; Stor- age Unit #1, Building E; and Storage Unit #2, Building E, SEASONS AT BILTMORE LAKE CONDOMINIUM, as described and designated in the Declaration of Con- dominium under the North Carolina Unit Ownership Act covering said Condo- minium, recorded in Book 4269, Page 1323, and amended or supplemental declarations thereto, and in Condominium Plans recorded in Unit Ownership File 706, in the Buncombe County Registry.


Said property is commonly known as 400 Vista Lake Drive, Unit 107, Candler, NC 28715 (Along with Garage Unit #2, Building E; Garage Unit #3, Building E; Storage Unit #1, Building E; and Storage Unit #2, Build- ing E).


Together with the pres- ently effective undivided percentage interest in and to the common areas and facilities as described and set forth in the aforemen- tioned Declaration, refer- ence to which is hereby made for a more particular description of said common areas and facilities.


Address of property: 400 Vista Lake Drive Unit 107, Candler, NC 28715


Present Record Owners: Jason C Reis and Stuart Reis


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,


SUBSTITUTE TRUSTEE’S


NOTICE OF


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 24, 2010


David A. Simpson, P.C.SubstituteTruste By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500


(WL 506) 3/25 4/1 2010 NOTICE OF


FORECLOSURE SALE OF REAL PROPERTY


8805.0000216 10-SP-171


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Michael K. Cline, Karen L. Cline, husband and wife, dated July 5, 2005 and recorded in the Office of the Regis- ter of Deeds of Buncombe County, North Carolina, recorded on July 11, 2005, in Book 4071 at Page 1985; 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 Courthouse, in Asheville, North Carolina at 10:30 AM on Monday, April 5, 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:


BEGINNING at an iron pin, said iron pin being the second corner of the property described in Bun- combe County Deed Book 1753 at Page 687; thence South 49 deg. 38’ 28” West


SUBSTITUTE TRUSTEE’S


543 feet to an iron pin; thence North 39 deg. 49’ 31” West 559.65 feet to an iron pin; thence North 49 deg. 52’ 08” East 620.56 feet to an iron pin; thence South 17 deg. 43’ 57” East 205.90 feet to an iron pin; thence South 33 deg. 42’ 34” East 295.06 feet to an iron pin; thence South 62 deg. 51’ 22” East 80.13 feet to the point of BEGINNING, containing 7.00 acres, more or less, as shown on that survey prepared for Turner C. Bryson and wife, Rebecca A. Bryson, James M. Cline and Michael E. Cline by C&S Surveying, Mitchell E. Effler, R.L.S. dated March 22, 1994.


TOGETHER WITH that 15’ foot right of way described in deed recorded in Book 1804, Page 677 and Book 2149, Page 328, Buncombe County Registry.


Address of property: 68 White Wolf Trail, Swan- nanoa, NC 28778


Present Record Owners: Michael K. Cline and Karen L. Cline


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.


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.


ity 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


chaser 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 24, 2010


Continued on page 21


www.weavervilletribune.com deposit. The If the valid- If the


pur-


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