Morgan Hill
Baptist revival Morgan Hill Baptist Church
is holding a revival on May 16-19 located at 594 Barnardsville High- way in Weaverville. It starts at 7 nightly. Pastor Bruce Cayton will be the
guest speaker. For more informa- tion about this upcoming event, contact Pastor Kevin Garner at 648-4090.
Woodfin
School reunion Tere will be an alumni re-
union for Woodfin School at the Woodfin Community Center on May 29. For more informa- tion contract Woodfin Town Administrator at the Woodfin Town Hall, 253-4887.
LEG S cont... AL
Legals cont...
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 20th day of April, 2010.
SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, Presi- dent P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL549) 5/6 5/13
FORECLOSURE SALE OF REAL PROPERTY
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UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Alex D. Hicks and Michelle E. Hicks, dated May 30, 2008 and recorded on May 30, 2008, in Book No. 4571, at Page 113 in the Office of the Reg- ister of Deeds of Buncombe County, North Carolina; and because of default in the payment of the indebted- ness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the 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 Courthouse Steps, on May 17, 2010 at 10:30 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Leicester, County of Buncombe, State of North Carolina, and being more particularly described as follows: Lying and Being in Leices- ter Township, Buncombe County, North Carolilna; Being all of Tract 1 as shown on a survey by Cole Land Surveying Company, entitled “Special subdivi- sion of the property of Joyce Hyatt: dated July 31, 2007, Drawing Number
SUBSTITUTE TRUSTEE’S
10-SP-391 NOTICE OF
175
07-012, recorded in Plat Book 112 at Page 115, Bun- combe County Registry, containing 3.0 acres. Being also a portion of that property described in Deed Book 2856, at Page 878 in the aforesaid county registry.
Address of property: 101 Solomon Street, Leic- ester, NC 28748 Present Record Owners: Alex D. Hicks
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 prop- erty 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 Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it 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 26, 2010
David A. Simpson, P.C., Substitute Trustee By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for David A. Simpson, P.C., Substitute Trustee
2701 Coltsgate Road, Suite 300 Charlotte, NC 28211-3594 (WL550) 5/6 5/13
STATE OF NORTH CAROLINA
File No: 10 SP 233 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 Com- mercial Real Estate Deed of Trust executed by Ameri- can Cornerstone Homes, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4479, at Page 680. 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 10:15 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 474 Weaverville High- way, Asheville, Buncombe County, North Carolina and described as follows: Lying and being in French Broad Township, Buncombe County, North Carolina TRACT 1: BEING all of that 0.60 ± acre tract, as shown on an unrecorded survey dated August 6, 2007, entitled, “Boundary Survey for American Cor- nerstone Homes” by Alan B. Styles, PLS, and being more particularly described as follows: BEGINNING at a point which marks the point of beginning of that property described in Deed Book 1344 at Page 314, Buncombe County, NC Registry, which point also lies in the right of way line for the Weaverville High- way; thence with a fence line North 56 deg. 40 min. 54 sec. West 161.20 feet to a 1 inch pipe found in a fence line; thence with a fence line North 37 deg. 50 min. 36 sec. East 60.72 feet to an existing iron pipe; thence with said fence line North 61 deg. 29 min. 54 sec. East 190.76 feet to an existing iron pipe; thence South 08 deg. 13 min. 13 sec. East 105.17 feet to a point; thence South 34 deg. 08 min. 25 sec. West 150.00 feet, to the point or place of BEGINNING. TRACT 2: BEGINNING at a point which marks the beginning point of that tract described above, thence North 34 deg. 08 min. 25 sec. East 150 feet with the right of way line of the Weaverville Highway to an unmarked point; thence South 56 deg. 40 min. 54 sec. East 18 feet to an unmarked point in said highway; thence South 34 deg. 37 min. 22 sec. West 150 feet to an unmarked point in said highway; thence North 56 deg. 40 min. 54 sec. West 18 feet to the point and place of beginning. As to Tract 2, no warranties of title are made. Grantor and Grantee acknowledge that there is Residual Petroleum
COUNTY OF BUNCOMBE
Contamination on the Property, that a Notice of Residual Petroleum has been recorded for the site at Book 4403, Page 481, Buncombe County Reg- istry, and that a No Fur- ther Action Letter dated September 26, 2007, has been issued for the site by the North Carolina Depart- ment of Environment and Natural Resources. Grantee acknowledges that it is pur- chasing the property “AS- IS” and with no warranties or representations as to environmental matters other than those matters set forth in the Notice of Residual Petroleum and the No Further Action Letter. 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: 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 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 Telephone: 828-777-5250 (WL551) 5/6 5/13
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May 6 - May 12, 2010 - THE TRIBUNE 21
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