L AS cn.. EG L o t.


Legals cont...


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 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 (WL541) 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 Steven Paul Epson and Rebecca R. Alberico, both single, dated April 27, 2006 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on May 1, 2006, in Book 4216 at Page 749; 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: Being all of Lot 59, Phase IIA of The Cotswolds as shown on that plat recorded in Plat Book 80, at Page 120 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 restrictive covenants of record, including but not limited to those recorded in Book 2529, at Page 50, and all amendments thereto, of the Buncombe County, NC


808.0001849 10-SP-108


Register’s Office. 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 3604, at Page 574 of the Buncombe County, NC Register’s Office. Address of property: 46 Porto Bello Road, Arden, NC 28704 Present Record Owners: Steven Paul Epson and Rebecca R. Alberico 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 6, 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 (WL542) 4/29 5/6


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain


SUBSTITUTE TRUSTEE’S


912.0000451 10-SP-301 NOTICE OF


Deed of Trust executed and delivered by Brett K. Doug- las and Denisia H. Douglas, husband and wife, dated June 1, 2006 and recorded in the Office of the Regis- ter of Deeds of Buncombe County, North Carolina, recorded on August 13, 2009, in Book 4714 at Page 945; 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 Asheville, County of Buncombe, State of North Carolina, and being more particularly described as follows: ALL THAT PARCEL OF LAND IN BUNCOMBE COUNTY, STATE OF NORTH CAROLINA, AS MORE FULLY DESCRIBED IN DEED BOOK 1989, PAGE 75, ID# 9639.09-16-3498, BEING KNOWN AND DESIGNATED AS LOT 6, ADAMS HILL SUBDIVISION, FILED IN PLAT BOOK 62, PAGE 121. BY FEE SIMPLE DEED FROM ALLEN H. MOSS AND DEB- ORAH R. MOSS, HUSBAND AND WIFE AS SET FORTH IN BOOK 1989, PAGE 75 DATED 10/08/1997 AND RECORDED 10/10/1997, BUNCOMBE


RECORDS, STATE OF NORTH CAROLINA. Address of property: 9 Eve Drive, Asheville, NC 28806 Present Record Owners: Brett K. Douglas and Deni- sia H. Douglas 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.


20 THE TRIBUNE - May 6 - May 12, 2010 COUNTY


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 (WL543) 4/29 5/6


UNCLAIMED PROPERTY


The following is a list of unclaimed and confiscated property at the Buncombe County Sheriff’s Office: electronic equipment; cam- eras; clothing; lawn and garden equipment; com- puter equipment; personal items; tools; weapons; jewelry; automotive items; building supplies; bikes and other miscellaneous items. Anyone with a legitimate claim or interest in this property has 30 days from the date of this publication to make a claim. Unclaimed items will be disposed of according to statutory law. Any claims should be made to M.T. Hricinak, 828-250- 4465.


NOTICE OF DISPOSITION The following is a list of unclaimed and confiscated property at the Buncombe County Sheriff’s Office tagged for disposition: audio and video equipment; cameras; clothing; lawn and garden equipment; com- puter equipment; personal items; tools; weapons; jewelry; automotive items; building supplies; bikes and other miscellaneous items. All items will be disposed of 30 days from posted date. (WL544) 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 Robert C. Thompson and Betty Jean Thompson, dated Decem- ber 10, 1998 and recorded in the Office of the Regis- ter of Deeds of Buncombe County, North Carolina, recorded on December 18, 1998, in Book 2041 at Page 001; 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 17, 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: BEING ALL OF LOT (S) 6, BLOCK D, SECTION 1. MOUNTAIN VIEW DEVEL- OPMENT COMPANY, INC., RECORDED IN PLAT BOOK 32, PAGE 100. Address of property: 21 Morgan Blvd., Arden, NC 28704 Present Record Owners: Betty Jean Thompson The terms of the sale are that the real property here-


441.0000084 08-SP-810


NOTICE OF


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(s). If the validity of the sale is challenged by any party, the Trustee(s), in their sole discretion, if they believe 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: May 5, 2010


Rogers Townsend & Thomas, PC, successor by merger to Kellam & Pettit, P.A. Substitute Trustee (704) 442-9500 (WL545) 5/6 5/13


SUPERIOR COURT DIVISION 10-SP- 364


NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY In the Matter of the Fore- closure of the Deed of Trust executed by Jarco Development, LLC, Grantor, to Southland Associates, Inc. Original Trustee, As recorded in Book 4405, Page 1301 of the Bun- combe County Public Reg- istry, as modified in Book 4609, Page 1692.


See Substitution of Trustee which Substitutes Marjo- rie R. Mann as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 4766, Page 1428 of the Buncombe County Public Registry. Pursuant to the power and authority contained in the Deed of Trust from Jarco Development, LLC to Southland Associates, Inc. (the “Original Trustee”) for the benefit of SunTrust


STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF BUNCOMBE


Bank recorded in Book 4405, Page 1301 of the Buncombe County Public Registry, as modified in Book 4609, Page 1692 (the “Deed of Trust”), the under- signed Substitute Trustee, will sell at public auction, to the highest bidder for cash, the real property described as follows, together with all rights, privileges and appurtenances thereto (the “Property”):


employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note make any representa- tion or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabili- ties arising out of or in any way relating to any such conditions expressly are disclaimed. Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). 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 Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said suc- cessful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the pur- chase price so bid any suc- cessful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale. The sale will be held open for ten (10) days for upset bids as by law required.


DATE OF SALE: May 20, 2010 HOUR OF SALE: 11:00 a.m. PLACE OF SALE: Buncombe County Courthouse


This the 20th day of April, 2010.


__/s/Marjorie R. Mann Marjorie R. Mann, Substi- tute Trustee Roberts & Stevens, P.A. BB&T Building, Suite 1100 One West Pack Square Asheville, North Carolina 28801 Telephone: (828) 252- 6600 (WL546) 5/6 5/13


SUPERIOR COURT DIVISION 10-SP-200


NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE


STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF BUNCOMBE


BEING all of Lot 21 of Grand Highlands at Water- ford Lakes as shown on that plat recorded in Plat Book 108 at Page 94 of the Buncombe County, NC Register’s Office, refer- ence to which plat is hereby made for a more particular description of said Lot. The record owner of the Property as reflected by the records of the Register of Deeds of Buncombe County not more than ten (10) days prior to the posting of this Notice was Jarco Develop- ment, LLC. The Property will be sold subject to any and all superior mortgages, deeds of trust and liens, includ- ing, without limitation, the lien of unpaid taxes and assessments, easements, conditions, restrictions and matters of record. The Property will be sold “AS IS, WHERE IS.” Nei- ther the Substitute Trustee nor the holder of the Note secured by the Deed of Trust, nor the officers, directors,


attorneys,


SALE OF REAL PROPERTY In the Matter of the Fore- closure of the Deed of Trust executed by Mid- Atlantic Land Partners, LLC, Grantor, to Southland Associates, Inc., Original Trustee, As recorded in Book 4436, Page 206 of the Buncombe County Public Registry.


See Substitution of Trustee which Substitutes Marjo- rie R. Mann as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 4757, Page 1179 of the Buncombe County Public Registry.


Pursuant to the power and authority contained in the Deed of Trust from Mid- Atlantic Land Partners, LLC to Southland Associates, Inc. (the “Original Trustee”) for the benefit of SunTrust Bank recorded in Book 4436, Page 206 of the Bun- combe County Public Reg- istry and Book 434, Page 685 of the Madison County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described in Exhibit A attached hereto, together with all rights, privileges and appur- tenances thereto (the “Property”). The property encumbered by the Deed of Trust is part of a single tract of real property situated in both Buncombe County and Madison County. The entire parcel (including the portion located in Madi- son County) is being sold herewith. The record owner of the Property as reflected by the records of the Register of Deeds of Buncombe County and Madison County not more than ten (10) days prior to the posting of this Notice was Mid-Atlantic Land Partners, LLC. The Property will be sold subject to any and all superior mortgages, deeds of trust and liens, includ- ing, without limitation, the lien of unpaid taxes and assessments, easements, conditions, restrictions and matters of record. The Property will be sold “AS IS, WHERE IS.” Nei- ther the Substitute Trustee nor the holder of the Note secured by the Deeds of Trust, nor the officers, directors,


employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note make any representa- tion or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabili- ties arising out of or in any way relating to any such conditions expressly are disclaimed. Pursuant to North Carolina General Statutes Sections 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of ten percent (10%) of the amount bid or One Thou- sand Dollars ($1,000.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or cer- tified check at the time the Substitute Trustee tenders to him a deed for the Prop- erty or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the pur- chase price so bid any suc- cessful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs incurred by the Substitute Trustee after the date of the sale, including fees and costs of the Substitute Trustee incurred after the date of sale. The sale will be held open for ten (10) days for upset bids as by law required.


DATE OF SALE: MAY 20, 2010


attorneys,


HOUR OF SALE: 11:00 a.m. PLACE OF SALE: Buncombe County Courthouse


This the 20th day of April, 2010.


____/s/Marjorie R. Mann Marjorie R. Mann, Substi- tute Trustee Roberts & Stevens, P.A. BB&T Building, Suite 1100 One West Pack Square Asheville, North Carolina 28801 Telephone: (828) 252- 6600


EXHIBIT A LEGAL DESCRIPTION Property located at Bear Creek Road at Sandy Mush Creek, Leicester, in Buncombe and Madison Counties, North Carolina, 28748. In Leicester Township, Buncombe County and #1 Township Madison County.


TRACT 1: Shown to contain 208.023 acres as described in a plat prepared for Charlie Ball by J. Randy Herron PLS bearing surveyor certificate dated August 29, 2005, Drawing No. 3743-1014- A, recorded in Plat Book 98 Page 171 Buncombe County and Plat Book 5 Page 520 Madison County, and BEING ALO ALL of the same property described in a General Warranty Deed from John K. Ditmore and Kathryn K. Ditmore to Charles Ball and Troy Ball dated and recorded December 9, 2005 in Bun- combe County Record Book 4103 Page 1937 and in Madison County Deed Book 367 Page 414; SAVING AND EXCEPTING the tract shown to contain 15.015 acres as described in a survey for Charles and Troylyn Ball by Eric S. McAbee dated Feb- ruary 22, 2007 recorded in Plat Book 6 Page 116, and as described in a Gen- eral Warranty Deed from Charles Ball and wife Troy- lyn Ball a/k/a Troy Ball to Robert M. Stroud and wife, Meredith B. Stroud dated March 2, 2007 recorded March 15, 2007 in Madi- son County Deed Book 421 Page 425.


TRACT 2: Shown to contain 15.015 acres as described in a survey for Charles and Troylyn Ball by Eric S. McAbee dated Febru- ary 22, 2007 recorded in Plat Book 6 page 116; and BEING ALSO ALL of the same property described in a General Warranty Deed from Charles Ball and wife, Troylyn Ball a/k/a Troy Ball to Robert M. Stroud and wife, Meredith B. Stroud dated March 2, 2007 recorded March 15, 2007 in Madison County Deed Book 421 Page 425.


Excepting from the above described tracts are the fol- lowing Lots as shown on a survey entitled West Addi- tion to River Highlands at Madison Crossing recorded in Plat Book 6 at pages 415, 416 and 417, Madison County Registry: Lots 1-11, Lot 13, Lot 19, Lots 21-24 and Lot 32.


PIN #9704.00-21-0849 (Buncombe County portion) PIN #9704-13-8627 (Madi- son County portion) (WL547) 5/6 5/13


STATE OF NORTH CAROLINA


File No: 10 SP 408 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 Commercial Deed of Trust executed by Summit Rentals, L.L.C., original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4390, at Page 136.


COUNTY OF BUNCOMBE


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 10:30 a.m. on the 19th day of May, 2010 at the Court- house door in the City of Asheville, North Carolina. The real property to be sold is generally described as 223 Walnut Valley Park- way, Arden, Buncombe County, North Carolina and described as follows: BEING all of Lot 38 as shown on a plat of Phase One, The Cliffs at Walnut Cove which said plat is duly recorded in Plat Book 84 at Page 97 in the Office of the Register of Deeds for Bun- combe County, North Caro- lina, reference to which is hereby made for a more particular description. 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 ten- ancy may have additional rights pursuant to Federal Protecting Tenants at Fore- closure Act which became effective May 20, 2009.


THIS the 22nd day of April, 2010.


SUBSTITUTE TRUSTEE: Raintree Realty and Con- struction, Inc. A. Robert York, President PO Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL548) 5/6 5/13


STATE OF NORTH CAROLINA


File No: 10 SP 214 NOTICE OF SALE


TAKE NOTICE THAT:


COUNTY OF BUNCOMBE


An order for pos-


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 Timothy Car- hart and Lori Carhart, as husband and wife, original mortgagors, and recorded in the Office of the Bun- combe County Register of Deeds in Deed of Trust Book 4250, at Page 1147. 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: Carhart Family Trust Dated June 24, 2004 The property will be sold by the Substitute Trustee at 10:00 a.m. on the 19th 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 113 Rathfarnham Circle, Asheville, NC 28803 and described as follows: Being all of that tract or parcel of land as described in that certain deed of trust recorded in Book 4250, at Page 1147 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. Being all of Lots 19 and 23 of Block “A” as shown on said Plat Book 2 at page 134 and all that real prop- erty which is in the right of way of an unopened road known on Beechwood Place between said Lots 19 and 23. See Declaration of Withdrawal recorded of even date herewith Between Kevin Geagan and Tim Carhart and wife, Lori Carhart.


Together with and subject to that easement recorded in Book 1067, at Page 307 of the Buncombe County NC, Register’s Office. The warranties herein con- tained shall not apply to that portion of the real property within the right of way of said Beechwood Place as shown on Plat Book 2 at page 134 and included in the above description and Grantors quitclaim all right, title and interest they may own in said right of way. Being all of that property described in Deed recorded in Record Book 4185, at Page 325 of the Buncombe County, NC Register’s Office. 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


Continued on page 21


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