Asheville/Weaverville 277-1760 Hendersonville 697 - 2932


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Asheville/Weaverville 277-1760 Hendersonville 697-2932


Legals


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.


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 cor- porations 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 cor- porations 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


WEATHERMAN, Deceased NOTICE TO


NORTH CAROLINA BUNCOMBE COUNTY


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


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, 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


www.weavervilletribune.com


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- 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


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of Hettie U. Holbrook, 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 June, 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 25th day of March, 2010


D. Michael Holbrook, Executor Estate of Betty U. Holbrook 167 Holbrook Rd Candler, N.C. 28715 828 665-9462 (WCN618) 5/6 5/13 5/20 5/27


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Harry G. Silver, 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 on or before the 12th day of August, 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 6th day of Mary, 2010


Edna Ann Lindsay Executrix, of the Estate of Harry G. Silver 1675 Roswell Road, Apt# 1435 Marietta, GA 30062 (WCN619) 5/6 5/13 5/20 5/27


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of Albert Sobol, 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 on or before the 12th day of August, 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 6th day of May, 2010


Daniel J. Sobol 211 East Main Street Jonesborough, TN 27659 (WNC620) 5/6 5/13 5/20 5/27


AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Manuel C. Dela Vega, dated Decem- ber 29, 2006 and recorded in the Office of the Regis- ter of Deeds of Buncombe County, North Carolina, recorded on January 9, 2007, in Book 4344 at Page 1061; and because of default in the payment of the indebtedness secured thereby and failure to


62.0001312 09-SP-1133


T I U E L AS RB N EG L


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, May 10, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Arden, County of Buncombe, State of North Carolina, and being more particularly described as follows:


LYING AND BEING IN BUN- COMBE COUNTY, NORTH CAROLINA BEING ALL OF LOT 3 AS SHOWN ON A PLAT OF HADLEY PARK, WHICH PLAT IS RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR BUN- COMBE COUNTY IN PLAT BOOK 96, AT PAGE 121, REFERENCE TO WHICH IS MADE FOR A MORE PAR- TICULAR DESCRIPTION OF SAID LOT AND BEING ALL OF THAT PROPERTY AS DESCRIBED IN IN DEED RECORDED IN BOOK 4273, AT PAGE 26, BUNCOMBE COUNTY REGISTRY Address of property: 8 Hadley Pkwy., Arden, NC 28704 Present Record Owners: Manuel C. Dela Vega 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 tendered in the form of certified 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 dis- cretion, 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 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 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 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 on May 20, 2009.


Dated: April 28, 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 (WL537) 4/29 5/6


STATE OF NORTH CAROLINA


File No: 10 SP 317 NOTICE OF SALE


TAKE NOTICE THAT: Rain- tree Reality Construction, Inc, 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: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Michael L. Bennett and wife, Amy M. Bennett, original mort- gagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4554, at Page 399 as modified in Book 4680, at Page 1850. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A The property will be sold by the Substitute Trustee at 10:00 a.m. on the 13th day of May, 2010 at the Bun- combe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as 111 Cherry Meadows Way (a/k/a Lot 2 Cherry Mead- ows) Asheville, NC 28806 and described as follows: Lying and being in Lower Hominy Township, Bun- combe County, North Carolina and described as follows: BEING all of Lot #2 as set forth on a Plat entitled “Survey for Sherman Moss” as recorded in Plat Book 123 at Page 156 of the Buncombe County Register of Deeds Office, reference to said Plat being made for a more particular description. SUBJECT TO Restrictive Covenants that is recorded in Book 4521 at Page 1932. BEING a portion of that property as described in Deed Book 4409 at Page 1641, Buncombe County 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. Any buildings located on the above-described prop- erty are also included in the sale. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substi- tute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00). All bidders bid for the prop- erty AS IS on the date of sale. Absolutely no war- ranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bid- ders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to


COUNTY OF BUNCOMBE


withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. The property will be sold subject to all unpaid taxes and special assessments. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: An order for pos- session of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the Clerk of Supe- rior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 13th day of April, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL538) 4/29 5/6


STATE OF NORTH CAROLINA


File No: 10 SP 318 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality and Con- struction, Inc, Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Michael L. Bennett and Amy M. Ben- nett, original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4409, at Page 1644 as modified in Book 4680, at Page 1846. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A The property will be sold by the Substitute Trustee at 10:00 a.m. on the 13th day of May, 2010 at the Bun- combe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as 117 Cherry Meadows Way (a/k/a Lot 4 Cherry Mead- ows) Asheville, NC 28806 and described as follows: Lying and being in Lower Hominy Township, Bun- combe County and described as follows: BEING all of Lots 2,4,5 & 6 as set forth on a Plat entitled “Survey for Sher- man Moss” as recorded in Plat Book 123 at Page 156 of the Buncombe County Register of Deeds Office, reference to said Plat being made for a more particular description. Less and except any prop- erty previously released pursuant to any Release Deeds recorded in the


COUNTY OF BUNCOMBE


Buncombe County Public Registry, including, without limitation, Release Deed recorded in Book 4483 at Page 913, Book 4556 at Page 1106 and Book 4613 at Page 991 of the Buncombe County, North Carolina Public Registry. Any property described in the Deed of Trust which is not being offered for sale is described as follows: Lots 2, 5 & 6 Cherry Meadows, pursuant to Release Deeds described above. Any buildings located on the above-described prop- erty are also included in the sale. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substi- tute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00). All bidders bid for the prop- erty AS IS on the date of sale. Absolutely no war- ranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bid- ders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. The property will be sold subject to all unpaid taxes and special assessments. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units:


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 13th day of April, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL539) 4/29 5/6


STATE OF NORTH CAROLINA


File No: 10 SP 316 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality and Con- struction, Inc, Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Michael L.


COUNTY OF BUNCOMBE


An order for pos-


Bennett and Amy M. Ben- nett, original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4609, at Page 1218. The record owner of such property, as reflected on the records of the Reg- ister of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgag- ors, is: N/A The property will be sold by the Substitute Trustee at 10:00 a.m. on the 13th day of May, 2010 at the Bun- combe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as 123 Cherry Meadows Way (a/k/a Lot 6 Cherry Mead- ows) Asheville, NC 28806 and described as follows: Lying and being in Lower Hominy Township, Bun- combe County, North Carolina and described as follows: BEING all of Lot #6 as set forth on a Plat entitled “Survey for Sherman Moss” as recorded in Plat Book 123 at Page 156 of the Buncombe County Register of Deeds Office, reference to said Plat being made for a more particular description. SUBJECT TO Restrictive Covenants that is recorded in Book 4521 at Page 1932. BEING a portion of that property as described in Deed Book 4409 at Page 1641, Buncombe County 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. Any buildings located on the above-described prop- erty are also included in the sale. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substi- tute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00). All bidders bid for the prop- erty AS IS on the date of sale. Absolutely no war- ranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bid- ders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. The property will be sold subject to all unpaid taxes and special assessments. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units:


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


An order for pos-


became effective May 20, 2009.


THIS the 13th day of April, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL540) 4/29 5/6


AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Elicia Ward and Casey D. Ward, wife and husband, dated Febru- ary 6, 2007 and recorded in the Office of the Regis- ter of Deeds of Buncombe County, North Carolina, recorded on February 7, 2007, in Book 4358 at Page 88; 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, May 10, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Arden, County of Buncombe, State of North Carolina, and being more particularly described as follows: Lying and Being in the City of Asheville, Buncombe County, North Carolina BEING all of Lot 13 of the Stonecrest Subdivision as shown on a plat thereof recorded in the Office of the Register of Deeds for Buncombe County in Plat Book 102, Page 200, ref- erence to which is hereby made for a more particular description of said Lot. ALSO BEING a portion of the same property described in a deed dated April 25, 2006 from Waightstill Mountain, LLC to Windsor/ Aughtry Company, Inc. recorded in Book 4215, at Page 1211 in the Office of the Regis- ter of Deeds for Buncombe County, North Carolina. Address of property: 23 Secrest Drive, Arden, NC 28704 Present Record Owners: Elicia Ward and Casey D. Ward 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


Continued on page 20


May 6 - May 12, 2010 - THE TRIBUNE 19


62.0001049 09-SP-465


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