Weaverville Tribune 0816 - April 22

Asheville/Weaverville 277-1760 Hendersonville 697 - 2932

To Advertise: To Advertise:

Asheville/Weaverville 277-1760 Hendersonville 697-2932

Legals

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Admin- istrator of the Estate of Doris Ella Ray, deceased, late of

Carpenter Logan, 10 E 0287

North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the under- signed on or before the 1st day of July, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 1st day of April, 2010

James R Ray, JR, Admin- istrator Estate of Doris Ella Ray 765 Jupiter Road Weaverville, NC 28787 (WCN601) 4/1 4/8 4/15 4/22

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Co- Executors of the Estate of Gladys M Rector, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the under- signed

Phyllis B Gurley or Earl Massey, Co-Executors

C/O WILLIAM A. BARNES, JR, Attorney Post Office Box 1123 Weaverville, NC 28787

on or before the 1st day of July, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will please make immediate payment.

This the 1st day of April, 2010

Phyllis B Gurley or Earl Massey, Co-Executors Estate of Gladys M Rector C/O WILLIAM A. BARNES, JR, Attorney Post Office Box 1123 Weaverville, NC 28787 WCN602 4/1 4/8 4/15 4/22

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Vivian A. Lesko, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned

Lynette Raimondi, Execu- trix C/O WILLIAM A. BARNES, JR., Attorney Post Office Box 1123 Weaverville, NC 28787

on or before the 1st day of July, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.

This the 1st day of April, 2010

Lynette Raimondi, Execu- trix Estate of Vivian A Lesko C/O WILLIAM A. BARNES, JR., Attorney Post Office Box 1123 Weaverville, NC 28787 (WCN603) 4/1 4/8 4/15 4/22

STATE OF NORTH CAROLINA

In Re Estate of Lola

COUNTY OF BUNCOMBE

Buncombe County,

Having qualified as admin- istrator of the estate of Lola Carpenter Logan, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corporations having claims against Lola Carpenter Logan or her estate to exhibit them to the under- signed on or before the 1st day of July, 2010, or this notice will be pleaded in bar of their recovery. All persons indebted to the deceased or her estate should make immediate payment.

This, the 1st day of April, 2010.

Cathie St. John-Ritzen Administrator, Estate of Lola Carpenter Logan Law Office of Cathie St. John-Ritzen, PLLC P.O. Box 6337 Asheville, NC 28816 (WCN604) 4/1 4/8 4/15 4/22

STATE OF NORTH CAROLINA

CREDITORS AND DEBTORS

Having qualified as Ancillary Administrator of the Estate of RICHARD S. LANIER, deceased, late of Hernando County, Florida, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before July 8, 2010, or this notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 8th day of April, 2010.

Richard S. Lanier, Ancillary Administrator Estate of Calvin Dent Lanier c/o Allen B. Koenig, Esquire

Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN605) 4/8 4/15 4/22 4/29

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Administrator of

Estate of Robert Mark Cade, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against said deceased to exhibit them to the under- signed on or before the 8th day of July, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 8th day of April, 2010

David Michael Cade, Administrator Estate of Robert Mark Cade 59 Oakdale Drive Candler, NC 28715 828-667-0936 (WCN606) 4/8 4/15 4/22 4/29

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

The undersigned, having qualified as Executor of the Estate of HELEN M. FROST, deceased, late of Buncombe County, this is to notify all persons having claims against said Estate to present them to the undersigned on or before the 6th day of July, 2010, or this Notice will be pleaded in bar of their recovery. All persons indebted to the said Estate will please

www.weavervilletribune.com the

COUNTY OF BUNCOMBE NOTICE TO

FILE 10E363

make immediate payment to the undersigned.

This the 6th day of April, 2010.

BRUCE LAMAR FROST, Executor Estate of Helen M. Frost P.O. Box 1300 Mars Hill, NC28754 EDWARD B. KRAUSE, P.A. ATTORNEY OF RECORD 96 CENTRAL AVENUE ASHEVILLE, NC 28801 (828) 258-0220 (WCN607) 4/15 4/22 4/29 5/6

BEFORE THE CLERK FILE 10E000482

IN THE MATTER OF THE ESTATE OF ELIZABETH S.

CREDITORS AND DEBTORS

Having qualified as Admin- istrator CTA of the Estate of ELIZABETH S. WEATH- ERMAN, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said Estate to present such claims to the undersigned on or before July 15, 2010, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 15th day of April 2010.

Larry S. Hartley, Adminis- trator CTA Estate of Elizabeth S. Weatherman c/o Allen B. Koenig, Esquire Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN608) 4/15 4/22 4/29 5/6

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Shirley Maney Warren, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the under- signed on or before the 15th day of July, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 15th day of April, 2010

Angela Warren Keeler, Executrix Estate of Shirley Maney Warren 6828 Sunny View Drive Knoxville, TN 37914 865-933-5969 (WCN609) 4/15 4/22 4/29 5/6

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Shirley G. Shepherd, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the under- signed on or before the 22 day of July, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 22 day of April, 2010

Carol W. Johnson, Execu-

WEATHERMAN, Deceased NOTICE TO

NORTH CAROLINA BUNCOMBE COUNTY

COURT OF JUSTICE SUPERIOR COURT DIVISION

IN THE GENERAL

trix 2 W. Oak Street Asheville, NC 28806 (WCN610) 4/22 4/29 5/6 5/13

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of Laura Clara Litsas, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against said deceased to exhibit them to the under- signed on or before the 22 day of July, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 22 day of April, 2010

Evangelos Anthony Litsas 49 Spruce Pine Drive Candler, NC 28715 (WCN611) 4/22 4/29 5/6 5/13

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of Ken- neth Edward Holcombe, deceased, late of Bun- combe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against said deceased to exhibit them to the under- signed on or before the 22 day of July, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.

This the 22 day of April, 2010

Kenneth E. Holcombe Jr 180 Maple Drive Asheville, NC 28805 (WCN612) 4/22 4/29 5/6 5/13

STATE OF NORTH CAROLINA

COURT OF JUSTICE COUNTY OF BUNCOMBE

SUPERIOR COURT DIVISION

2010 SP 356

IN THE MATTER OF THE FORECLOSURE OF THAT DEED OF TRUST RECORDED IN BOOK 4536, AT PAGE 607 ON MARCH 14, 2008 DANIEL WARREN PEGGY WARREN

TO: NOTICE OF SALE, FORECLOSURE

ROBERT P. TUCKER, II, PA, AND STEPHEN C. WILKIE, SUB- STITUTE TRUSTEE

Attention:

YOU ARE HEREBY NOTI- FIED THAT THE TRUSTEE UNDER THE ABOVE REFERENCED DEED OF TRUST HAS INITIATED FORECLOSURE PROCEED- INGS. PURSUANT TO: THE PROCEDURE SET FORTH UNDER N.C.G.S. § 45-21; THE POWER OF SALE CON- TAINED IN THE HEREIN REFERENCED DEED OF TRUST; AND THAT ORDER ALLOWING FORECLOSURE ISSUED BY THE CLERK OF SUPERIOR COURT FOR BUNCOMBE COUNTY, NORTH CAROLINA, THE ACTING TRUSTEE WILL SELL THE PROPERTY DESCRIBED HEREIN.

(1) The particular real estate security interest being fore- closed is a Deed of Trust to Robert P. Tucker, II, PA (“Original Trustee”) in favor of Allen Moss (“Lender” / “Beneficiary”) dated March 14, 2008, recorded on March 14, 2008 in Bun- combe County Register of Deeds Trust Book 4536, at Page 607, securing an

IN THE GENERAL

T I U E L AS RB N EG L

original principal amount of $100,000.00. A particular description of the real prop- erty foreclosed is included in the herein referenced Deed of Trust, including any fixtures and personal property affixed thereto, less and excepting any portions thereof released prior to the date of this Notice, and including any additional property pledged of record subsequent to the filing of the original Deed of Trust referenced herein. The record owner of the property, as reflected on the records of the Register of Deeds not more than Ten (10) days prior to this Notice is: Daniel Warren, Peggy Warren. (2) The Sale referenced herein will be conducted at the main entrance (or such other customary location) of the BUNCOMBE COUNTY COURTHOUSE in Asheville, NC on April 26, 2010 at 11:00 am. (3) The property being sold hereunder is known as 305 Old Highway 20, Alexander, NC 28701, and specifically described as:

Tract I: BEGINNING at an EIP in the eastern margin of that property described in Deed Book 4256 at Page 786, Buncombe County Regis- try, thence N 31 deg. 45’ 13” E 106.57 feet to an EIP in a fence line; thence N 85 deg. 52’ 50” W 44.51 feet to an EIP; thence N 09 deg. 45’ 15” W to an unmarked point which lies S 68 Deg. 08’ 46” E 18.49 feet from an existing 1 1/2 inch pipe; thence from said unmarked point N 68 deg. 08’ 46” W 142.86 feet to an EIP; thence S 73 deg. 52’ 09” W 207.96 feet to a No. 5 rebar; thence S 85 deg. 58’ 36” W 55.01 feet to a point in a gravel drive; thence with the center of said drive the following six (6) calls and distances: 1) N 56 deg. 23’ 24” W 32.02 feet; 2) N 29 deg. 55’ 44” W 25.15 feet; 3) N 25 deg. 38’ 03” W 35.34 feet; 4) N 67 deg. 06’ 43” W 28.85 feet; 5) S 75 deg. 48’ 37” W 43.27 feet; 6) S56 deg. 22’ 53” W 37.24 feet to an EIP; thence leaving said gravel drive N 22 deg. 18’ 59” W 176.67 feet to a No. 5 rebar; thence with a fence line S 70 deg. 29’ 42” W 177.00 feet to a point in SR 1622, passing an EIP at 157.00 feet; thence from said point; S 28 deg. 57’ 22” E to an existing PK nail, which marks the terminus of the fourth call in Deed Book 1895 at Page 12 of said Registry; thence S 28 deg. 57’ 22” E 147.58 feet to an EIP; thence along the southeastern margin of that property described in Deed Book 3620 at 218 of said Registry to an EIP; thence S 75 deg. 55’ 8” E 127.11 feet to a 24 inch white oak, as depicted on Plat Book 125 at Page 9, of said Registry; thence S 84 deg. 36’ 24” E 162.85 feet to an IPS; thence S 19 deg. 31’ 21” E 23.59 feet to a point in the center of a 20 foot right of way; thence with the center of said right of way the following (4) calls and dis- tance: 1) N 80 deg. 09’ 31” E 49.50 feet; 2) N 76 deg. 25’ 29” E 29.91 feet; 3) N 42 deg. 27’ 29” E 26.56 feet; 4) N 24 deg. 48’ 49” E 123.97 feet to a point in the center of said right of way; thence S 2 deg. 16’ 11” E 39.73 feet to the point and place of Beginning. LESS AND EXCEPTING that property described in Deed Book 3620, at Page 218 of said Registry.

Tract II: BEING ALL OF THAT 0.750 acre tract as shown on that Plat recorded in Plat Book 125, Page 9, Buncombe County Registry. (4) The property will be sold by the Acting Trustee to the highest bidder for CASH. The highest bidder will be required to make a CASH deposit with the Trustee at the time of the bid in an amount equal to Five percent (5%) of the bid or Seven Hundred Fifty and no/100s dollars ($750.00) which ever shall be greater. The sale will be subject to upset bids for ten (10) days following

the sale as required under N.C.G.S. § 45-21.27. Fol- lowing the expiration of the upset bid period the remaining balance of the bid will be immediately due in cash. Any high bidder who shall fail to tender the balance due upon the bid upon demand follow- ing the expiration of the Upset Bid period shall be personally liable on such bid in accordance with the terms set forth in N.C.G.S. § 45-20.30. (5) All bidders bid for the property AS IS on the date of the sale, subject to any and all outstanding taxes, liens, assessments and other encumbrances which hold a superior priority position to the instrument foreclosed herein. The property being sold is all that property identified in the above referenced Deed of Trust, and specifically described in “Exhibit A.” Absolutely no warranties are made as to the condi- tion, value or title of the property sold. The high- est bidder shall assume all risk of loss, deterioration and other casualty after the date of sale. All bid- ders are advised to retain independent counsel to examine the title for the subject property. The property may be withdrawn from sale at any time prior to delivery of a Deed to the highest bidder. (6) In the event that the Acting Trustee shall be unable to convey title to the property for any reason, or if the sale is successfully contested for any reason, the sole remedy of the pur- chaser shall be the return of any deposit paid (without any accrued interest). (7) IN the event that the property being sold here- under is a residential real property with less than 15 rental units, an order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pur- suant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of the rental agreement, the tenant is liable for the rent due under the rental agreement pro- rated to the effective date of the termination.

ISSUED March 26, 2010.

s/ Stephen C. Wilkie (SEAL) Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL522) 4/15 4/22

FORECLOSURE SALE OF REAL PROPERTY 08 SP 1221

Under and by virtue of the power and authority con- tained in that certain Deed of Trust, dated August 17, 2007, and recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4455 at Page 569, and because of default having been made in the payment of the indebt- edness secured by said Deed of Trust and Security Agreement and failure to do and perform the stipu- lations and agreements therein contained, and pursuant to demand of the Owner and Holder of the indebtedness secured by said Deed of Trust, the Substitute Trustee, Seth Mullinax, will expose for sale at public auction to the highest bidder for cash the property therein described, to wit:

See attached Exhibit A incorporated herein by ref- erence.

SUBSTITUTE TRUSTEE’S

NOTICE OF

Present Record Owner: Prime Carolina, LLC

The terms of said sale are that the real property here- inbefore described will be sold for cash to the highest bidder and that the under- signed may 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 certified check at the time the Sub- stitute Trustee 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 purchase price bid, the bidder shall remain liable as provided 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 real property described in the attached Exhibit “A” will be sold subject to any and all superior liens, including taxes, special assessments, right of ways, and restrictions of record. The property, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty.

The Owner and Holder of the Note and Deed of Trust reserves the right to with- draw this Notice of Sale, without cause, until the date and time of final trans- fer of the property.

The sale will be held open for ten (10) days for upset bids as by law required.

Date and hour of sale: April 30, 2010 at 11:00 a.m.

Place of sale: Buncombe County Courthouse Steps, Asheville, North Carolina.

This the 29th day of March, 2010.

By: /s/Seth Mullinax Seth Mullinax Substitute Trustee 450 Windswept Ridge Rd. Canton, NC 28716 POSTED BY: Marin Bower- Smith

DATE: 3/29/10

EXHIBIT “A” Being all of Tract 1, Tract 2 and Tract 3 of Grove Park Cove as shown on that plat recorded in Plat Book 104, at Page 157 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 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 4002, at Page 864 of the Buncombe County, NC Register’s Office. (WL523) 4/15 4/22

STATE OF NORTH CAROLINA

File No: 10 SP 239

NOTICE OF SALE TAKE NOTICE THAT: Rain- tree Reality and Construc- tion, Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as follows: 1. The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Stepha- nie LoCicero, unmarried, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust

COUNTY OF BUNCOMBE

Book 4349, at Page 360. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A 2. The property will be sold by the Substitute Trustee at 12:30 p.m. on the 26th day of April, 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 Lot 200 Phase 2 of the Settings of Black Mountain, NC 28711 and described as follows: BEING all of Lot 200, Phase Two, as shown on plat of The Settings of Black Mountain, recorded in Plat Book 100, at Page 90 of the Buncombe County, NC Registry, reference to said plat being made for a more particular description of said Lot 200. TOGETHER WITH AND SUBJECT TO all ease- ments, restrictions and rights of ways of record and a non-exclusive appurte- nant easement for ingress, egress and regress is conveyed over and upon all private subdivision right of way easements for The Settings of Black Mountain as shown on the above-described plat as well as the series of plats for Phase One recorded in Plat Book 96 at Pages 162 through 164 and Phase Two recorded in Plat Book 100, at Pages 42 through 44 and to the Covenants, Conditions and Restrictions for The Settings of Black Mountain as recorded in Book 3993, at Page 34 of the Buncombe County, NC Registry. TOGETHER WITH AND SUBJECT TO all easements as described in Deed Book 3947, at Page 552 of said registry. BEING a portion of Tract 1 as conveyed to The Set- tings of Black Mountain, LLC by deed recorded in Deed Book 3947, at Page 552 of the Buncombe County, NC 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 26th day of March, 2010.

SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC.

By: A. Robert York, Presi- dent P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL524) 4/15 4/22

STATE OF NORTH CAROLINA

COURT OF JUSTICE COUNTY OF BUNCOMBE

SUPERIOR COURT DIVISION

THE FORECLOSURE OF THAT DEED OF

TRUST RECORDED IN BOOK 4270,

PREMIER RUSTIC HOMES, LLC

THOMAS J. RYAN

TO: NOTICE OF SALE, FORECLOSURE

KIRK W. ROBINSON AND STEPHEN C. WILKIE, SUB- STITUTE TRUSTEE

Attention: YOU ARE HEREBY NOTIFIED THAT THE TRUSTEE UNDER THE ABOVE REFERENCED DEED OF TRUST HAS INITI- ATED FORECLOSURE PRO- CEEDINGS. PURSUANT TO: THE PROCEDURE SET FORTH UNDER N.C.G.S. § 45-21; THE POWER OF SALE CONTAINED IN THE HEREIN REFERENCED DEED OF TRUST; AND THAT ORDER ALLOWING FORECLOSURE ISSUED BY THE CLERK OF SUPE- RIOR COURT FOR BUN- COMBE COUNTY, NORTH CAROLINA, THE ACTING TRUSTEE WILL SELL THE PROPERTY DESCRIBED HEREIN.

(1) The particular real estate security interest being foreclosed is a Deed of Trust to Kirk W. Robin- son (“Original Trustee”) in favor of Mountain 1st Bank & Trust (“Lender” / “Beneficiary”) dated August 17, 2006, recorded on August 18, 2006 in Buncombe County Register of Deeds Trust Book 4270, at Page 1456, securing an original principal amount of $197,000.00. A particular description of the real prop- erty foreclosed is included in the herein referenced Deed of Trust, including any fixtures and personal property affixed thereto, less and excepting any portions thereof released prior to the date of this Notice, and including any additional property pledged of record subsequent to the filing of the original Deed of Trust referenced herein. The record owner of the property, as reflected on the records of the Register of Deeds not more than Ten (10) days prior to this Notice is: Brenda K. Rice. (2) The Sale referenced herein will be conducted at the main entrance (or such other customary location) of the BUNCOMBE COUNTY COURTHOUSE in Asheville, NC on April 29, 2010 at 10:30 am. (3) The property being sold hereunder is known as 84 Walnut Street, Apt. 404, Ashville, NC 28801, and specifically described as: Being Unit 404, as shown on the Plans entitled “Old Penney’s Building Con-

AT PAGE 1456 ON AUGUST 18, 2006 BRENDA K. RICE

IN THE MATTER OF 2009 SP 1589 IN THE GENERAL

dominium” recorded in Condominium and Unit Ownership File No. 333 of the Office of the Register of Deeds for Buncombe County, North Carolina, ref- erence to which is hereby made for a more particular Description. Together with and subject to those rights, easements and restrictions appurtenant to said condo- minium. (4) The property will be sold by the Acting Trustee to the highest bidder for CASH. The highest bidder will be required to make a CASH deposit with the Trustee at the time of the bid in an amount equal to Five percent (5%) of the bid or Seven Hundred Fifty and no/100s dollars ($750.00) which ever shall be greater. The sale will be subject to upset bids for ten (10) days following the sale as required under N.C.G.S. § 45-21.27. Fol- lowing the expiration of the upset bid period the remaining balance of the bid will be immediately due in cash. Any high bidder who shall fail to tender the balance due upon the bid upon demand follow- ing the expiration of the Upset Bid period shall be personally liable on such bid in accordance with the terms set forth in N.C.G.S. § 45-20.30. (5) All bidders bid for the property AS IS on the date of the sale, subject to any and all outstanding taxes, liens, assessments and other encumbrances which hold a superior priority position to the instrument foreclosed herein. The property being sold is all that property identified in the above referenced Deed of Trust, and specifically described in “Exhibit A.” Absolutely no warranties are made as to the condi- tion, value or title of the property sold. The high- est bidder shall assume all risk of loss, deterioration and other casualty after the date of sale.

ders are advised to retain independent counsel to examine the title for the subject property. The property may be withdrawn from sale at any time prior to delivery of a Deed to the highest bidder. (6) In the event that the Acting Trustee shall be unable to convey title to the property for any reason, or if the sale is successfully contested for any reason, the sole remedy of the pur- chaser shall be the return of any deposit paid (without any accrued interest). (7) IN the event that the property being sold here- under is a residential real property with less than 15 rental units, an order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pur- suant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of the rental agreement, the tenant is liable for the rent due under the rental agreement pro- rated to the effective date of the termination.

ISSUED March 31, 2010.

s/ Stephen C. Wilkie (SEAL) Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL525) 4/15 4/22

8441.0000225 10-SP-282 NOTICE OF

FORECLOSURE SALE OF REAL PROPERTY

UNDER AND BY VIRTUE of

Continued on page 20

April 22 - April 28, 2010 - THE TRIBUNE 19

SUBSTITUTE TRUSTEE’S

All bid-

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