Asheville/Weaverville 277-1760 Hendersonville 697 - 2932


To Advertise: To Advertise:


Asheville/Weaverville 277-1760 Hendersonville 697-2932


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 Admin- istrator of the Estate of Robert Mark Cade, 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 8th day of July, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and cor- porations 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 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.


NORTH CAROLINA BUNCOMBE COUNTY


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


COUNTY OF BUNCOMBE NOTICE TO


Legals FILE 10E363


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- 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,


WEATHERMAN, Deceased NOTICE TO


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


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of Mary H. Penland, 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 28th 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 29th day of April, 2010


Michael Richard Penland, Executor Estate of Mary H. Penland c/o Stephen Barnwell, Attorney at Law PO Boc 236 Skyland, NC 28776 (WCN613) 4/29 5/6 5/13 5/20


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Admin- istrator of the Estate of Dor- othy Vance Hall aka Dorothy Kriney Hall, 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 29th 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 29th day of April, 2010


Billy F Hall, Administrator Estate of Dorothy Hall 160 Oak Terrace Arden, NC 28704


(WCN614) 4/29 5/6 5/13 5/20


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Admin- istrator of the Estate of Sheila K Cowan, 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 29th day of July, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo-


20 THE TRIBUNE - April 29 - May 5, 2010


rations indebted to said estate will make immediate payment.


This the 29th day of April, 2010


Danny L Cowan, Jr, Admin- istrator Estate of Sheila K Cowan 71 Forest Lake Drive Asheville, NC 28803 (WCN615) 4/29 5/6 5/13 5/20


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executrix of the Estate of Helen Shoffner Rob- erts, 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 29th 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 29th day of April, 2010


Barbara R Church, Execu- trix Estate of Helen Shoffner Roberts 705 Brockbank Road Charlotte, NC 28209 (WCN616) 4/29 5/6 5/13 5/20


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of Chester Hamilton Ohs, 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 29th 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 29th day of April, 2010


Joy T Askew, Executor Estate of Chester Hamilton Ohs PO Box 837 Dana, NC 28724 (WCN617) 4/29 5/6 5/13 5/20


STATE OF NORTH CAROLINA


File No: 10 SP 257 NOTICE OF SALE


ment pursuant to which such sale will be held is that certain Deed of Trust executed by Studio Cha- varria, Ltd., original mort- gagor, 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.


erty will be sold by the Substitute Trustee at 12:00 (Noon) p.m. on the 4th day of May, 2010 at the Bun- combe County Courthouse door in the City of Asheville,


The prop-


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 instru-


COUNTY OF BUNCOMBE


T I U E L AS RB N EG L


North Carolina. 3.


property to be sold is gen- erally 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 descrip- tion 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.


ings located on the above- described property are also included in the sale. 5.


erty 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 Substitute Trustee at the date and time of the sale the greater of five per- cent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00). 6.


bid for the property AS IS on the date of sale. Abso- lutely no warranties are made as to the condition, value or title of the prop- erty. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain independent coun- sel 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.


erty will be sold subject to all unpaid taxes and special assessments.


The prop- All bidders The prop- Any build- The real 8.


erty being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extin- guish any and all rights or interests in the property subordinate to the Deed of Trust. 9.


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 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 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


COUNTY OF BUNCOMBE


Addi t ional The prop-


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


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


IN THE GENERAL 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- 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 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


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, North Carolina. Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Fred H. Jones, having been sub- stituted as Trustee by that instrument recorded in Book 4761 at Page 1785, Buncombe County Registry and the holder of the note evidencing said indebted- ness having directed that the Deed of Trust be fore- closed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county court- house where the property is located, or the usual and customary location at the county courthouse for conducting the sale on Thursday, May 6, 2010 at 1:00 p.m., and will sell to the highest bidder for cash the following described property situated in Bun- combe County, North Caro- lina, to wit: Being all of Tract 4-A and Tract 4-C as shown on


NORTH CAROLINA IN THE GENERAL


All bid-


that plat recorded in Plat Book 117, at Page 91 of the Buncombe County, NC Register’s Office, reference to said Plat being made for a more particular descrip- tion of said Tracts. The above referenced property is subject to ease- ments, restrictions and rights of way of record and as shown on that Plat. And more specifically made, to those rights of way as described in deed recorded in Record Book 2339, at Page 4 of the Buncombe County, NC Register’s Office. And further sub- ject to those restrictions recorded in Deed Book 2339, at Page 4, Deed Book 2385, at Page 767 and Deed Book 2416, at Page 369 all of the Buncombe County, NC Register’s Office. And being all of that prop- erty described in deed recorded in Record Book 4377, at Page 638 of the Buncombe County, NC Register’s Office. LESS AND EXCEPT THERE- FROM all that portion of said lands described in the Release Deed from Caro- lina First Bank to Paragon WNC, LLC, dated August 30, 2007, recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4514, page 1269, and being described therein as follows: Being all of Tract 4-A as shown on that plat recorded in Plat Book 117, at Page 91 of the Buncombe County, NC Register’s Office, ref- erence to said Plat being made for a more particular description of said Tract. The sale will be made sub- ject to all prior liens, unpaid taxes, special assess- ments, easements, rights of 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 Paragon WNC, LLC. All bidders bid for the prop- erty AS IS WHERE IS on the date of sale and the high bidder assumes the risk of loss or deterioration after the sale. Absolutely no warranties are made as to the condition, value or title of the property. The Note- holder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Trustee. Third party purchasers must pay the excise tax, and the court costs of Forty-Five (45¢) per One Hundred Dollars ($100.00) pursuant


7A-308(a)(1). Pursuant to the terms of N.C.G.S. § 45-21.10(b), the success- ful bidder will be required to deposit with the Trustee immediately upon conclu- sion of sale, a cash deposit of five per cent (5%) of the bid, or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check, at the time the Trustee tenders to him a deed for the property, and should he fail to pay the full bal- 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 the pur- chaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy peti- tion 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, the Substitute 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.


Continued on page 21


www.weavervilletribune.com to N.C.G.S.


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