LEG S cont... AL


Legals cont...


40, and the Northwestern corner of Lot 39 of the plat referenced above; thence with the Southeastern line of Lot 40, North 72°, 47’ 08” East passing an iron pin at 27.85 feet , a total distance of 252.96 feet to an iron pin; thence a new line South 31° 43’ 49” East 210.89 feet to an iron pin in the Western line of property currently or formerly owned by McCanless (Deed Book 728, Page 224, Buncombe County Registry). Thence with the McCanless West- ern line, the following two courses and distances: South 21° 04’ 26” West 461.71 feet to an iron in a fence; and South 20° 40’ 42” West 237.16 feet to a point in the Northeastern most corner of Lot 33 of the reference plat; thence with the Northeastern line of Lot 33, North 67° 09’ 34” West 176.88 fee to a point in the common corner of Lots 33, 37 and 38 of the referenced plat; thence with the East- ern line of Lot 37, North 08° 22’ 53” East 418.86 feet to a point in or near the margin of the cul-de-sac of Bailey Run; thence to a point in the center of said cul-de-sac, North 27° 03’ 10” East 75.23 feet (which point is the Northernmost corner of Lot 38 and the Southwestern corner of Lot 39); thence with the center of the right of way for Bailey Run, along a curve to the left in a Northwestern direc- tion with a radius of 630.22 feet, and an arc distance of 211.12 feet to the point and place of BEGINNING. Containing 4.52 acres more or less, according to a survey for J. Clarke McIntosh and wife, Cheryl McIntosh by Pankow Engi- neering Co., dated May 9, 1997, Drawing Number B8690. Subject to easements, restrictions, and rights of way of record, including: the right of way of Bailey Run to its full legal width; and restrictive covenants recorded in Deed Book 1194 at page 440, Bun- combe County Registry. Address of property: 5 Bailey Run, Fairview, NC 28730 Present Record Owners: F. Michael Pierce and Kelly L. Pierce, husband and wife 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: May 26, 2010


David A. Simpson, P.C. Substitute Trustee (704) 619-6551 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL570) 5/27 6/3


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 Alesksandr Fedun a/k/a Alex Fedun a/k/a Aleksandr Fedun wife, and Valentina Fedun, dated June 25, 2007 and recorded in the Office of the Register of Deeds of Buncombe County, North


4806.0003488 09-SP-1265


Carolina, recorded on July 5, 2007, in Book 4430 at Page 1497; 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, June 7, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Fairview, County of Buncombe, State of North Carolina, and being more particularly described as follows: BEING ALL of Lot 1, of the Willows Subdivision, as shwn on a plat of record in the Buncombe County, North Carolina Register of Deeds Office, said plat being recorded at Plat Book 100 at Page 138, reference to which is hereby made for a more particular descrip- tion. BEING ALSO a portion of the property described in Deed Book 3821, at Page 173 of the aforesaid County Register’s Office. Address of property: 49 Willow Farm Road, Fairview, NC 28730 Present Record Owners: Alesksandr Fedun a/k/a Alex Fedun a/k/a Aleksandr Fedun 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: May 26, 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 (WL571) 5/27 6/3


NOTICE OF SERVICE OF PROCESS BY PUBLICATION


STATE OF NORTH CAROLINA


In the General Court of Justice - Superior Court Division – 09 CVS 886


David Shuffler, et al. v. David Holcomb, et al. To James Rauland and Quality Home Inspection Services Co., Inc.: Take Notice that a plead- ing seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is as follows: In excess of $10,000.00 for Breach of Contract, Neg- ligent Misrepresentation and Negligence. You are required to make defense to such pleading by July 6, 2010 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.


This the 27th day of May, 2010.


Peter B. McGuire, Attorney at Law, PLLC 1 N. Pack Sq., Ste 421 Asheville, NC 28801 (WL572) 5/27 6/3 6/10


Madge Thompson Denny Weaverville – Madge Thomp-


son Denny age 80, of 10 Robin- wood Road died Saturday, May 22, 2010. Madge was born July 28, 1929,


BUNCOMBE COUNTY


Obituaries


Barbara S. Clark Asheville – Barbara S. Clark,


age 73, of 515 Bluebird Ridge, passed into life eternal Thursday, May 20, 2010. Barb was born July 2, 1936, in


Minneapolis, Minn., where she lived until moving to Columbia, SC in 1972 followed by her final move to Asheville in 1982. Her life re- volved around raising her four daughters and devoting her life to her husband; her “best friend.” She was the daughter of the late William T. and Lila Marie Erickson Schilling. She is survived by her husband


of 53 years, Kenneth M. Clark; daughters Jeannie Amick of Or- lando, Fla., Margie Alpert of Rich- mond, Va., Debbie Mines of Silver Springs, Md., and Pam Payne of Weaverville; grandchildren, Mea- gan, Sam, Aaron, Michael, Max, Madeline, and Hannah, and broth- er Gerry Schilling of Minneapolis, Minn. Her memorial service was held


at 2 pm on Sunday, May 23, 2010, at St. Mark’s Lutheran Church, 10 North Liberty Street, Asheville, NC. The family greeted friends following the service in the Fel- lowship Hall. Memorials may be made to


St. Mark’s Benevolent Founda- tion, PO Box 8608, Asheville, NC 28814. Additional information may be


obtained at westfamilyfuneralser- vices.com.


in Washington County, Tenn. She was the daughter of the late


John and Judith Aldridge Thomp- son and the wife of Robert L. Den- ny, Sr., who died in 2007 and also preceded in death by her brother Ivan Thompson. Surviving are her daughter, Judy


Gaddy; son, Robert L. Denny, Jr., both of Weaverville; sisters, Hazel Seaton, Angelina Long; broth- ers, Hawk Thompson and Wesley Thompson, all of Tennessee. She has three grandsons, John, Ray and Joseph Gaddy, and one great granddaughter. Mrs. Denny’s funeral service


was held at 2:30 pm on Wednes- day May 26, 2010, in the Chapel of West Funeral Home, 17 Merrimon Ave, Weaverville with Rev. Keith Watkins officiating. Burial was in the Pleasant Hill Baptist Church Cemetery. The family received friends from


1:30 pm to 2:30 pm on Wednes- day, prior to the service at the fu- neral home. At other times the family was at


the residence. Flowers were acceptable and


appreciated. westfamilyfuneralservices.com


Surviving are her daughters:


Patti Stevens (Steve) of Asheville, Diana Robinson of Marshall, Katy Robinson (Sam) of Marshall and Melissa Shepard of Mars Hill; son Steven Coates of Mars Hill; sis- ter Katherine Ruth Peek; brother Cauley J. Peek (Billie); sister-in- law Ilena Peek; grandchildren, Cindy Hampton, Tommy Robin- son, Kassie Young, Britt Robinson, Cassandra Coates, Alyssa Coates and Gage Shepard and six great grandchildren. The graveside service will be


held at 11 am on Saturday, May 29, 2010 at Oakdale Cemetery, Hendersonville. The Rev. Stanley Peek and the Rev. Jerry Wheeler will officiate. The family will receive friends from 6 pm – 8 pm on Thurs- day, May 27, 2010, at Blue Ridge Funeral Service. In lieu of flowers memorials may


be made to: Care Partners, PO Box 5779, Asheville, NC 5779 or Peeks Chapel Baptist Church, 2029 East Fork Rd., Marshall, NC28753. Online condolences may be e-


mailed to the family at blueridge- funeral-service.com


Zaccheus Henry Rice Weaverville - Zaccheus Henry


Rice, 74, of 64 Mundy Cove Road, passed away Monday, May 24, 2010 at his residence. He was a native of Madison County and the son of the late Joe Cephes and Emma Anders Rice. He was also preceded by a son, Wayne Edwards. Zaccheus was employed with Ingles Markets as a truck driver. Surviving are his wife Marie Hol-


combe Rice of the home; daugh- ters, Kim Winters and Kathy An- derson; sons, Billy Rice (Sandra), Larry Edwards (Brenda) and Dale Edwards; sisters, Harriett Riddle, Texie Bradley and Delilah Holland; brothers, Ben, James, Lawson and David Rice; 12 grandchildren and three great grandchildren. The funeral service will be held at


Evelyn Peek Coates Mars Hill - Evelyn Peek Coates,


85, of 227 Chestnut St., passed away Monday, May 24, 2010 at Madison Manor Nursing Center. She was born in Henderson Coun- ty to the late Will West Peek and Hattie Ebbs Peek. She was also preceded in death by her sisters, Louise Simpson and Hattie Webb and brother, Bill Peek. Evelyn was employed with Head Start of Bun- combe County as a social worker and was a member of Peeks Cha- pel Baptist Church.


11 am on Thursday, May 27, 2010 in Robbie Capps Memorial Cha- pel of Blue Ridge Funeral Service, Mars Hill. The Rev. Jimmy Sales and the Rev. Billy Rice Jr. will offi- ciate. Burial will follow in the Dodd Cemetery. Serving as pallbearers will be: Kasey Rice, Billy Rice Jr., Colton Anderson and friends. The family received friends from 6 pm – 8 pm on Wednesday, May 26, 2010, at the funeral home. Online condolences may be e-


mailed to the family at blueridge- funeral-service.com.


Barbecue, bluegrass benefit for SART Tom Godleski and Buncombe Turnpike Bluegrass band will headline a benefit for the Southern Appala-


chian Repertory Teatre on Saturday (May 29) at the pavilion at Wolf Laurel Resort. Te evening will begin at 6 pm with a barbecue meal by Dwayne Mackey and his crew, with music to


Formerly McKinney Welding Supplies 271 Haywood Street • 828-252-4270


20 THE TRIBUNE - May 27 - June 2, 2010


begin around 7 pm. Tere will be a live auction at the break. Cost for the evening will be $15, with an additional $8 for the barbecue plate with drink. A cash bar with


wine and beer will be offered. For additional seating, guests may want to bring lawn chairs. For more information on the event Wolf Laurel, call the SART office at 689-1384.


www.weavervilletribune.com


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