LEG S cont... AL
Legals cont...
David A. Simpson, P.C. Substitute Trustee
Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500
Posted: Witness: Assistant/Deputy Clerk of Superior Court
Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL 507) 3/25 - 4/1 2010
STATE OF NORTH CAROLINA
AMENDED NOTICE OF FORECLOSURE SALE
09 SP 76
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Keith A. Vinson and Paula Vinson to Ste- phen C. Wilkie, Substitute Trustee (original Trustee Peter U. Kanipe), dated October 21, 2008 and recorded in Book 4617 at Page 1075 in the Buncombe County, North Carolina Registry, the undersigned Substitute Trustee declares as follows:
There is a default by the Owner or other person(s) owing an obligation, the performance of which is secured by said Deed of Trust, or by their successor in interest, with respect to provisions therein which authorize sale in the event of default of such provision; and the undersigned as Substitute Trustee, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Regis- ter of Deeds of Buncombe County, North Carolina, and the Owner and Holder of the Note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the Courthouse door or other usual and custom- ary location as designated
COUNTY OF BUNCOMBE
By: Attorney at Law
by the Clerk’s Office on April 6, 2010, at 10:00 am, and will sell to the highest bidder for cash the follow- ing described real prop- erty situated in Buncombe County, North Carolina, to wit:
Beginning on an existing concrete monument mark- ing the intersection of the Western margin of the right of way of Vanderbilt Road with the Northern margin of the right of way of Park Road; and runs thence from said established beginning point and with the North- ern margin of Park Road the following three calls: South 88 deg. 11’ 21” West 25.01 feet; North 82 deg. 53’ West 119.3 feet and on a curve to the left in a Southerly and Westerly direction, with a radius of 158.2 feet, and arc dis- tance of 154.68 feet to an iron pin; thence leaving the Western margin of the right of way of Park Road North 46 deg. 49’ West 188.41 feet to an iron pin in the Southeastern boundary line of Lot 27, Block N of Bilt- more Forest, as shown on Plat recorded in Plat Book 10, at Page 12, of the Bun- combe County, N.C. Reg- ister’s Office; thence with the Southeastern bound- ary line of Lots 27, and 28, as shown on said Plat recorded in Plat Book 10, at Page 12, North 43 deg. 11’ East 223.8 Feet to an exist- ing concrete monument marking the Easternmost comer of Lot 28, Block N of Biltmore Forest, as shown on said Plat recorded in Plat Book 10, at Page 12, of the Buncombe County, N.C. Register’s Office; thence with the Southern boundary line of Lot 29, Block N of Biltmore Forest as shown on the above- referenced Plat, South 46 deg. 30’ East 122.9 feet to an existing iron pin marking the Southernmost corner of said Lot 29; thence South 46 deg. 27’ East 244.6 feet to the point of Beginning, and being all of Lot O and the Northeastern one-half of Lot 1, Block N, as shown on Plat recorded in Plat Book 10, at Page 12, of the Buncombe County, N.C. Register’s Office, except as modified by the updated survey of J. Glenn Haynes for Lucian Candler Rice and Mary Ann McMahan dated March 7,1989.
Also being all of the same property described in a deed recorded in the Office of the Register of Deeds for Buncombe County Deed Book 1661, at Page 388. Together with and subject to easements, rights of way and restrictions of record.
To the best of the knowl- edge and belief of the undersigned, the current owners of the property are Keith and Paula Vinson.
The above described real property is only a portion of the real property described in the deed of trust recorded in Book 4617 at Page 1075. This sale of only a portion of the real property described in said deed of trust is being sold pursuant to N.C.G.S. 45-21.8 and 45-21.9
Third party purchas- ers must pay the excise tax, and the court costs of forty-five cents (45¢) per one hundred dollars ($100.00), up to a maxi- mum of $500.00. A cash deposit (cashier’s check or certified funds, no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dol- lars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all of the remaining amounts are immediately due and owing. Should the foreclosure action be dismissed or any portion have to be redone for any reason, the bid deposit will be returned to the third party bidder and no other remedies will be able to be asserted. The third party bidder acts upon their own risk if they expend any funds in favor of the fore- closed property prior to the receipt of a deed from the Substitute Trustee.
Said sale will be made, but without covenant or war- ranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. There are no rep- resentations of 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. This sale is made subject to all prior liens, unpaid taxes, special assessments, and encum- brances of record.
Additional notice where the real property is residential with less than 15 rental units: An order for posses- sion 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 agree- ment upon 10 day written notice to the landlord. Upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement pro-rated to the effective date of the termination period.
Date: 3-15-2010
Stephen C. Wilkie, Substi- tute Trustee 285 East Allen Street
Hendersonville, NC 28792 (WL508) 3/25 4/1 2010
MADISON COUNTY SUPERIOR COURT DIVISION 09-SP-134
IN THE MATTER OF THE FORECLOSURE ) BY FRED H. JONES, SUBSTITUTE TRUSTEE OF A DEED OF TRUST EXE- CUTED BY SCENIC WOLF DEVELOPMENT, LLC,
TO CAROLINA FIRST BANK, A SOUTH NOTICE OF SALE CAROLINA COMPANY,
DATED SEPTEMBER 12, 2007 AND RECORDED IN BOOK 440, PAGE 525, PUBLIC RECORDS OF MADISON COUNTY, NORTH CAROLINA
Under and by virtue of a Power of Sale contained in that Certain Deed of
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
Trust executed by Scenic Wolf Development, LLC to MTNBK LTD, Trustee, which was dated Septem- ber 12, 2007 and recorded in Book 440 at Page 525, Madison County Registry, North Carolina on Septem- ber 23, 2007.
Default having been made in the payment of the notes thereby secured by the said Deed of Trust and the undersigned, Fred H. Jones, having been substituted as Trustee by that instrument recorded in Book 488 at Page 539, Madison County Registry and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and custom- ary location at the county courthouse for conducting the sale on Tuesday, April 6, 2010 at 1:00 p.m., and will sell to the highest bidder for cash the following described property situated in Madison County, North Carolina, to wit:
easements,
and appurtenances as described in and conveyed by that deed from Caro- lina First Bank, to Scenic Wolf Development, LLC, recorded in Book 440, Page 525, Madison County Reg- istry, to which reference is hereby made for a more complete description.
The sale will be made sub- ject to all prior liens, unpaid taxes, special assessments, easements, rights
ways, deed of release, and any other encumbrances or exception of record.
The record owner of the property as reflected on the records of the Register of Deeds’ office not more than ten (10) days prior to post- ing of this notice is Scenic Wolf Development, LLC.
All bidders bid for the prop- erty AS IS WHERE IS on the date of sale and the high bidder assumes
risk of loss or deterioration after the sale. Absolutely no warranties are made as to the condition,
or title of the property. The Noteholder has reserved
value of
Being the same lands, privileges
the right to withdraw the sale up to and
the Deed is delivered by the Trustee.
Third party purchas- ers must pay the excise tax, and the court costs of Forty-Five (45¢) per One
lars ($100.00) pursuant to N.C.G.S. 7A-308(a)(1). Pursuant to the terms of N.C.G.S.
the successful bidder will be required to deposit with the Trustee immediately upon
sale, a cash deposit of five per cent (5%) of the bid, or $750.00, whichever is greater.
ful bidder shall be required to tender the full balance of the purchase price so bid in cash
at the time the Trustee ten- ders to him a deed for the property, and should he fail
ance of the purchase price so bid at that time, he shall remain liable on his bid, as provided for in N.C.G.S. § 45-21.20(d) and (e).
This sale will be held open ten (10) days for upset bids as required by law.
If the Substitute Trustee is unable to convey title to this property for any reason, the sole remedy of
chaser is the return of the deposit. Reasons of such inability to convey include, but are not
the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenge by an party, theSubstitute Trustee, in her sole discretion, if she believes the challenge to have merit, may declare the sale to be void and return the deposit. The pur- chaser will have no further remedy.
This, the 26 day of Febru- ary, 2010.
the
R.S. Jones, Attorney for Substitute Trustee Jones, Key, Melvin & Patton, P.A. 61 East Main St. Franklin, NC 28734 (828) 524-4444 (WL 509) 3/25 4/1 2010
limited to, the pur- to pay the full bal- or certified check, Any success- conclusion of § 45-21.10(b),
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