Weaverville Tribune 0816 - April 22

L AS cn.. EG L o t.

Legals cont...

the power and authority contained in that certain Deed of Trust executed and delivered by John C. Shrode and wife Karen Shrode, dated March 22, 2007 and recorded in the Office of the Register of Deeds of Bun- combe County, North Caro- lina, recorded on March 28, 2007, in Book 4380 at Page 1266; 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 26, 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:

BEING all of Lot 7, Block A of the Old Weaver Col- lege property in the town of Weaverville, Buncombe County, N.C., a plat of which is recorded in the Office of the Register of Deeds for Buncombe County, N.C., in Plat Book 20, Page 84, reference to said plat being hereby made for a more particular description of said Lot. AND being the same prop- erty described in Deed Book 2169, Page 573 in Buncombe County, North Carolina, Registry.

Address of property: 11 South College St, Weav- erville, NC 28787

Present Record Owners: John C. Shrode and Karen Shrode

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: April 13, 2010

David A. Simpson, P.C. Substitute Trustee

By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500

Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL526) 4/15 4/22

STATE OF NORTH CAROLINA

COURT OF JUSTICE DISTRICT COURT DIVISION

FILE NO.: 09 CVD 5157

COUNTY OF BUNCOMBE, A Body Politic and Corporate Plaintiff v. GENERAL NOTICE OF TAX FORECLOSURE SALE ALICE WARREN PURCEL a/k/a Alice Warren Pur- cell n/k/a Alice Derlene Warren and THOMAS PUR- CELL a/k/a Alfred Thomas Purcell, III, Owners; and INTERNAL REVENUE SER- VICE, Federal Tax Lien

Defendants Under and by virtue of a Judgment of the Presiding District Court Judge for Buncombe County, North Carolina, made and entered in the action entitled “County of Buncombe vs. Alice Warren Purcel, et al,” the undersigned Commis- sioner will, on the 30th day of April, 2010, at 11:00 a.m., offer for sale and sell for cash, to the last and high- est bidder at public auction, the real property described in the attached Exhibit “A” incorporated herein by ref- erence. The property lies within Buncombe County, North Carolina, and is more particularly described in Exhibit “A” (PIN #: 8687- 89-5292; Corvette Drive) attached hereto. The sale will be held on the Bun- combe County Courthouse Doorway in Asheville, North Carolina.

The sale will be made subject to all outstanding City and County taxes and all superior restrictions of record and local improve- ment assessments against

COUNTY OF BUNCOMBE

IN THE GENERAL

the above described prop- erty not included in the Judgment in the above entitled cause. All junior liens will be extinguished upon sale.

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

The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the under- signed will require the suc- cessful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certi- fied check at the time the Commissioner tenders the bidder a Deed for the prop- erty, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the pur- chase price bid, the bidder shall remain liable for said bid. The Buncombe County Tax Collector may make a credit bid.

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

This 31st day of March, 2010.

ROBERTS & STEVENS, P.A.

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

Posted: By: /s/K.B.

Date: 3/31/10 CERTIFICATE OF SERVICE

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

Alice Warren Purcel a/k/a Alice Warren Purcell n/k/a Alice Derlene Warren c/o Jean Warren P. O. Box 533 Candler, NC 28715-0533 James M. Sullivan Carillon Building, Suite 1650227 West Trade Street Char- lotte, NC 28202

Michael Frue Buncombe County Tax Dept.60 Court Plaza Asheville, NC 28801 Thomas Purcell a/k/a Alfred Thomas Purcell, III P. O. Box 1055 Candler, NC 28715

Internal Revenue Ser- vice, Federal Tax Lien320 Federal Place, Room 312Greensboro, NC 27401

This the ___ day of March, UNPAID 2009 REAL ESTATE TAXES

Barrett, Flonnie Mae (LE) 9732861791 Kasey Properties LLC First Date LLC Moore, Dale D.

Warner, Michael N. Warner, Michael N. Warner, Michael N. Mosaic Investments

Estep, Martha B. Ball Ballew, Tony Reed Kaplan, Abraham Bustos, Brenda L. Reed, Brian K.

Quality Plus Homes Inc 9742958698 Warner, Michael N Unknown Owner

NAME

PARCEL ID NUMBER AMOUNT $2073.80 $249.68 $97.48

9752683901 9742284046 9732973952 9732860344 9742187621 9742258667 9742134820

9743310782 9753503150 9742138926 9752680601 9752681701 9752682811 9743331254

$143.59 $107.22 $413.53 $487.01 $108.35 $145.45 $3974.72 $2249.04 $185.57 $247.44 $247.81 $248.18 $485.88

The Town of Weaverville may foreclose these tax liens and seel the real property subject to the liens in satisfac- tion of its claim for taxes.

Deborah B. Bruce Tax Collector Town of Weaverville (WL529) 4/15 4/22

20 THE TRIBUNE - April 22 - April 28, 2010 TOWN OF WEAVERVILLE

2010. Marjorie R. Mann

Exhibit A Tax Parcel 8687-89-5292 Lying and being in Upper Hominy Township, Bun- combe, County North Carolina, and being more particularly described as follows:

BEING all that property described in a warranty deed from Jackie Ray Warren and wife, Jean Pressley Warren to Alice Warren Purcel and hus- band, Thomas Purcell dated November 26, 1996, and recorded in Book 1938, Page 258, Buncombe County Registry. (WL527) 4/15 4/22

STATE OF NORTH CAROLINA

COURT OF JUSTICE COUNTY OF BUNCOMBE

SUPERIOR COURT DIVISION

2010 SP 104

IN THE MATTER OF THE FORECLOSURE OF THAT DEED OF TRUST RECORDED IN BOOK 4635, AT PAGE 1250 ON JANUARY 2, 2009

JASON.M. WEBB CHARITY H. WEBB

TO: NOTICE OF SALE, FORE- CLOSURE ROBERT P. TUCKER, II 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 Robert P. Tucker, II (“Original Trustee”) in favor of Julie Trembeczki (“Lender” / “Beneficiary”) dated December 31, 2008, recorded on January 2, 2009 in Buncombe County Register of Deeds Trust Book 4635, at Page 1250, securing an original princi- pal amount of $45,000.00. A particular description of the real property foreclosed is included in the herein referenced Deed of Trust, including any fixtures and personal property affixed thereto, less and except- ing any portions thereof released prior to the date of this Notice, and includ- ing any additional property pledged of record subse- quent to the filing of the original Deed of Trust ref- erenced 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: Jason M. Webb, Charity H. Webb.

(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 MAY 4, 2010 at 11:30am.

(3) The property being sold hereunder is known as 45 Parkwood Avenue, Asheville, NC 28804, and specifically described as: LYING AND BEING in Reems Creek Township, Bun- combe County, North Caro- lina and being all of that property described in that deed from Lois B. Young, Widow to Charles Ernest Ellis and wife, Marie M. Ellis, the same dated May 3, 1977 and filed for record in the Office of the Regis- ter of Deeds for Buncombe County in Deed Book 1164

IN THE GENERAL

at Page 83; reference to same being hereby made. BEING Lots 137,138,139 and also Lots 146-159, inclusive, all of said lots being in Section A of a Plat of Elkwood Park, as registered in the Office of the Register of Deeds for Buncombe County in Plat Book 24, at Page 32, to which reference is hereby made for a more particular description.

(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.

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 occu- pies the property pursu- ant 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 19, 2010.

s/ Stephen C. Wilkie (SEAL) Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL531) 4/22 4/29

STATE OF NORTH CAROLINA

File No: 10 SP 257

NOTICE OF SALE TAKE NOTICE THAT: Raintree Realty and Con- struction, Inc., Substitute

COUNTY OF BUNCOMBE

The high-

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

1. The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Studio Chavarria, Ltd., original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4336, at Page 1830 as modified in Book 4633, at Page 1399. 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 12:00 (Noon) p.m. on the 4th day of May, 2010 at the Buncombe County Court- house door in the City of Asheville, North Carolina.

3. The real property to be sold is generally described as 84 W. Walnut Street, Asheville, NC 28801 and described as follows: Being known and desig- nated as Walnut Unit A, as shown on the original plans recorded in Condominium and Unit Ownership File No. 333, in the Buncombe County, North Carolina Registry; reference to which plans is hereby made and incorporated for a more particular description of said property. The above described prop- erty is being conveyed together with and subject to those rights and ease- ments appurtenant to said unit as specifically enumer- ated in the Declaration of Condominium as recorded in Deed Book 2291 at Page 662, et seq. (“the Declara- tion”), and as amended at Book 3245 at Page 766 and at Book 3246 at Page 26 and any subsequent amendments thereto, in the Buncombe County, North Carolina Register’s Office; reference to which is hereby made and incorpo- rated for a more particular description; and pursuant thereto, membership in Old Penny’s Building Condo- minium Owners Associa- tion, Inc., a North Carolina Non-Profit Corporation. Subject to the said Dec- laration and the Bylaws annexed thereto, which, with all attachments and amendments thereto are incorporated herein as if set forth in their entirety, and which, by way of illus- tration and not by way of limitation, provide: 1) for 2.12% as the percentage of undivided fee simple inter- est appertaining to Walnut Unit A in the common ele- ments for the condominium; 2) for use and restriction of use of the units for particu- lar purposes only; 3) prop- erty rights of purchaser as a unit owner in and to the common elements; 4) obli- gations and responsibility of the purchaser for regular monthly assessments and special assessments and the effect of nonpayment thereof as set forth in the Declaration and in the Bylaws annexed thereto; 5) limitations upon the use of the common elements; and 6) obligations of purchaser and the Association, men- tioned in said Bylaws, for maintenance. And being all of that prop- erty as described in Deed Book 3524 at Page 214 of the Buncombe County, North Carolina Register’s Office; reference is hereby made and incorporated. 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, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL532) 4/22 4/29

STATE OF NORTH CAROLINA

File No: 10 SP 258

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

1. The instrument pursu- ant to which such sale will be held is that certain Deed of Trust executed by Guadalupe Chavarria, II, unmarried, original mort- gagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4424 at Page 1023, as modified in Book 4517 at Page 1527, Book 4633 at Page 1395, Book 4670 at Page 663 and Book 4739 at Page 1658. 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

COUNTY OF BUNCOMBE

the original mortgagors, is: N/A

2. The property will be sold by the Substitute Trustee at 12:00 (Noon) p.m. on the 4th day of May, 2010 at the Buncombe County Court- house door in the City of Asheville, North Carolina.

3. The real property to be sold is generally described as 130 Julian Lane, The Overlook at Lake Julian, Arden, NC 28704 and described as follows: Being all of Unit 100-C of The Overlook at Lake Julian Condominium as described in that Declaration of Con- dominium for The Overlook at Lake Julian Condo- minium, which Declaration is recorded in Book 4338 at Page 1924, Buncombe County Registry, reference to which is hereby made for a more particular descrip- tion. Unit 100-C is located in Building A. A plat of The Overlook at Lake Julian Condominium is recorded in Plat Book 108 at Page 33, Buncombe County Registry. The architect’s plans for The Overlook at Lake Julian Condominium are recorded in File 819, Buncombe County Registry. Together with an undivided interest in the Common Elements of The Overlook at Lake Julian Condominium as set forth in said Declaration. 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, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL533) 4/22 4/29

Legal# WL534 STATE OF NORTH CAROLINA

COURT OF JUSTICE COUNTY OF BUNCOMBE

SUPERIOR COURT DIVISION

2010 SP 370

IN THE MATTER OF THE FORECLOSURE OF THAT DEED OF TRUST RECORDED IN BOOK 4617, AT PAGE 1629 ON OCTOBER 22, 2008 MICHAEL D. KORINKO

TO: NOTICE OF SALE, FORE- CLOSURE 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 Octo- ber 22, 2008, recorded on October 22, 2008 in Buncombe County Register of Deeds Trust Book 4617, at Page 1629, securing an original principal amount of $ 238,500.00. 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: Michael D. Korinko.

(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 May 6, 2010 at 11:00 am.

(3) The property being sold hereunder is known as 25 Jeff Street, Unit 10B, Asheville, NC 28806, and specifically described as: BEING all of Unit 10-B as shown on that plat recorded in Plat Book 129, at Page 199 of the Buncombe County, NC Register’s Office; reference to which Plat is hereby made for a more particular description of said Unit 10-B.

(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-

IN THE GENERAL

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.

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 April 13, 2010.

s/ Stephen C. Wilkie (SEAL) Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL534) 4/22 4/29

Legal# WL535 NORTH CAROLINA IN THE GENERAL

COURT OF JUSTICE BUNCOMBE COUNTY

SUPERIOR COURT DIVISION

10-SP-0276

NOTICE OF FORECLOSURE SALE

IN THE MATTER OF THE FORECLOSURE BY FRED H. JONES, SUBSTITUTE TRUSTEE OF A DEED OF TRUST EXECUTED BY PARAGON WNC, LLC, A NORTH CAROLINA LIM- ITED LIABILITY COMPANY TO CAROLINA FIRST BANK, A SOUTH CAROLINA COM- PANY, DATED APRIL 25, 2007 AND RECORDED IN BOOK 4394, AT PAGE 1550, PUBLIC RECORDS OF BUNCOMBE COUNTY, NORTH CAROLINA Under and by virtue of a Power of Sale contained in that Certain Deed of Trust executed by Paragon WNC, LLC to MTNBK LTD, Trustee, which was dated April 25, 2007 and recorded in Book 4394 at Page 1550, Buncombe County Registry,

Continued on page 21

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