Weaverville Tribune 0822 - May 28

Asheville/Weaverville 277-1760 Hendersonville 697 - 2932

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Asheville/Weaverville 277-1760 Hendersonville 697-2932

Legals

BEFORE THE CLERK FILE 10E363

NORTH CAROLINA BUNCOMBE COUNTY

LANIER, Deceased NOTICE TO

IN THE MATTER OF THE ESTATE OF CALVIN DENT

CREDITORS AND DEBTORS

Having qualified as Ancillary Administrator of the Estate of Calvin dent 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 August 13, 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 13th day of May, 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 (WCN621) 5/13 5/20 5/27 6/3

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the Estate of John K. Boyette, 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 13th 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 13th day of May, 2010

Richard Thell Boyette 1902 Stone Street Raleigh, NC 27608 (WCN622) 5/13 5/20 5/27 6/3

IN THE MATTER OF THE ESTATE OF

Marjorie F. Draper, Deceased NOTICE TO

CREDITORS AND DEBTORS

As Successor Co-Trustees of the Marjorie F. Draper Revocable Trust, dated May 5, 2000 and fiduciary for Marjorie F. Draper, deceased, late of Bun- combe County, North Carolina, this is to notify all person, firms and corpora- tions having claims against the said Marjorie F. Draper or the Marjorie F. Draper Revocable Trust dated May 5, 2000, to present such claims to the undersigned on or before August 13, 2010 or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Marjorie F. Draper or the Marjorie F. Draper Revocable Trust dated May 5, 2000 will please make immediate payment.

This the 13th day of May, 2010.

Sharon L. Snyder, Succes- sor Co-Trustee Timothy L. Adelsperger, Successor Co-Trustee Marjorie F. Draper Revo- cable Trust, dated May 5, 2000 281 River Falls Drive Duncan, SC 29334 (WCN623) 5/13 5/20 5/27 6/3

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE

NORTH CAROLINA BUNCOMBE COUNTY

COURT OF JUSTICE SUPERIOR COURT DIVISION

IN THE GENERAL

NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Tessie L. Myers aka Teresa Louise Myers, 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 21st 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 20th day of May, 2010

Kasey Hargan, Executrix Estate of Tessie L. Myers aka Teresa Louise Myers 55 Deer Crest Drive Mars Hill, NC 28754 (WCN624) 5/20 5/27 6/3 6/10

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of John P. Van Alstyne, 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 21st 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 20th day of May, 2010

Robin Y. Van Alstyne, Executrix Estate of John P. Van Alstyne 52 Ballard Branch Road Weaverville, NC 28787 (WCN625) 5/20 5/27 6/3 6/10

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- trix of the Estate of Mary H. Fawcett, 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 21st 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 20th day of May, 2010

Mary Ellen Fawcett, Execu- trix Estate of Mary H. Fawcett PO Box 1301 Lake Junaluska, NC 28745 (WCN626) 5/20 5/27 6/3 6/10

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Admin- istrator of the Estate of James Clifford Hollifield, 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 3rd day of September, 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 27th day of May, 2010

Clifford Eugene Hollifield, Administrator Estate of James Clifford Hollifield 30 Alfred Road Fairview, NC 28730 (WCN627) 5/27 6/3 6/10 6/17

NORTH CAROLINA STATE OF

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of Elizabeth Giles McDon- ald, 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 9th day of September, 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 3rd day of June, 2010

Donna L. McDonald, Executrix Estate of Elizabeth Giles McDonald 490 Ox Creek Road Weaverville, NC 28787 (WCN628) 6/3 6/10 6/17 6/24

NORTH CAROLINA COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Admin- istrator of the Estate of Anita Gregory Wrightson, 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 9th day of September, 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 3rd day of June, 2010

Thomas W. Gregory, Administrator Estate of Anita Gregory Wrightson 500 Seibert Road Waynesville, NC 28786 (WCN629) 6/3 6/10 6/17 6/24

NORTH CAROLINA COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Execu- tor of the estate of Paul William Jungen, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against the estate of said deceased to exhibit them to the undersigned on or before the 9th day of September, 2010, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.

This the 3rd day of June, 2010

Thomas D. Roberts, Executor Estate of Paul William Jungen 40 North Merrimon Avenue #307 Asheville, NC 28804 (828) 252-0602 (WCN630) 6/3 6/10 6/17 6/24

BEFORE THE CLERK FILE 10E000677

NORTH CAROLINA BUNCOMBE COUNTY

IN THE MATTER OF THE ESTATE OF

GEORGE N. KOON, Deceased

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Execu- tor of the Estate of GEORGE N. KOON, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against the said Estate to present such claims to the undersigned on or before

18 THE TRIBUNE - June 3 - June 9, 2010

COURT OF JUSTICE SUPERIOR COURT DIVISION

IN THE GENERAL STATE OF STATE OF

September 9, 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 3rd day of June, 2010.

Karl Nicholas Koon, Executor Estate of George N. Koon c/o Allen B. Koenig, Esquire Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN631) 6/3 6/10 6/17 6/24

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF NORTH CAROLINA

BUNCOMBE COUNTY

In the General Court of Jus- tice, District Court Division, 09 CvD 7123 COUNTY OF BUNCOMBE, a Body Politic and Corporate, Plaintiff Vs. JAY ERIC LYTLE; JANE DOE; et. al., To: JANE DOE

Take notice that a pleading seeking relief against you has been filed in the above- entitled action. The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property as described in the Buncombe County tax records as PIN: 9688-97- 4227-00000 (formerly PIN: 9688-97-3220-00000) and being approximately 1.00 acre as shown on a survey of the Property of Gladys Reed by S. V. Grif- fith, R.L.S., dated Novem- ber 1980, revised August 1981 and is set forth in Deed Book 2031, Page 601, Buncombe County, North Carolina Registry. You are required to make defense to such pleading not later than June 30, 2009 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This, the 17th day of May, 2010.

John C. Frue Attorney for Plaintiff 20 Battery Park Ave, Ste 405 Asheville, NC 28801 (WL559) 5/20 5/27 6/3

Public Notice

In accordance with Town of Woodfin’s Code of Ordi- nance this notice is to inform the public that the Planning and Zoning Board of the Town of Woodfin will hold a public hearing on a proposed zoning of property commonly known as 720 Old Marshall Hwy, 99999 Old Marshall Hwy. (1), 722 Old Marshall Hwy., 99999 Old Marshall Hwy.(2),and 99999 Old Marshall Hwy.(3). The proposed re-zoning would be located on parcels 9 73 1 0 6 732 3 0 0 0 0 0 , 9 7 3 1 0 7 5 1 0 8 00000, 9 7 3 11 6 0 7 7 900000, 9 7 3 1 0 5 8 9 5 8 00000, 9 7 3 1066 2 9 6 00000. The property in question is zoned by the general guidelines of the zoning ordinance but is not cate- gorized on the zoning map, the proposed re-zoning would reclassify these properties as Mountain Village (MV). The hearing will take place at 6:30 PM on Monday, June 7, 2010 at the Woodfin Town Hall. This public hearing will be the first of two meetings to consider the requested zoning. Interested citizens are invited and encour- aged to attend. This meet- ing is open to the public. Inquires into this matter should be addressed to the Town Administrator at 253-4887. (WL560) 5/27 6/3

Public Notice

In accordance with Town of Woodfin’s Code of Ordi- nance this notice is to inform the public that the Planning and Zoning Board of the Town of Woodfin will hold a public hear- ing on a proposed zoning

T I U E L AS RB N EG L

of properties commonly known as 20 Old Leices- ter Hwy, 22 Old Leicester Hwy., 99999 Old Leicester Hwy., 24 Old Leicester Hwy.,18 Old Leicester Hwy, 2 Old Leicester Rd., 22 Old Leicester Rd., 99999 Old Leicester Hwy.,19 Old Leicester Hwy., and also a second parcel noted as 19 Old Leicester Hwy. The proposed re-zoning would be located on par- cels 972093403100000, 9 7 2 0 9 3 3 19000000, 9 7 2 0 9 2 4 9 7400000, 9 7 2 0 9 2 3 9 3 700000, 9 7 2 0 9 2 5 8 7 8 00000, 9 7 2 0 9 2 0 9 7 8 00000, 9 7 2 0 9 3 0 3 0000000, 9 7 2 0 9 3 2 6 2400000, 972093248400000, and 972093322700000. The property in question is being, proposed for zoning as Community-Shopping (C-S) a mixed use zoning district that is primarily commercial in nature. The hearing will take place at 6:30 PM on Monday, June 7, 2010 at the Woodfin Town Hall. This public hear- ing will be the first of two meetings to consider the requested zoning. Inter- ested citizens are invited and encouraged to attend. This meeting is open to the public. Inquires into this matter should be addressed to the Town Administrator at 253-4887. (WL561) 5/27 6/3

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 Roger Green and Linda Green, dated August 6, 2007 and recorded on August 6, 2007, in Book No. 4445, at Page 1743 in the Office of the Register of Deeds of Buncombe County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipu- lations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Sub- stitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Courthouse Steps, on June 7, 2010 at 10:30 AM that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Black Moun- tain, County of Buncombe, State of North Carolina, and being more particularly described as follows: Beginning at a point located in the southwest corner of the property described in Deed Book 1072 at Page 503 and the southeast- ernmost corner of the property owned by L.G. Vertefuille described in Plat Book 54 at Page 128, said Beginning point also being located in the center of the right of way of a 12 foot gravel Road known as Old Sand Branch Road; thence with the center of the right of way of Old Sand Branch Road the following courses and distances: South 51 deg. 05’ 00” East 99.76 feet to a point; thence South 02 deg. 05’ 00” East 173.54 feet to a point; thence South 19 deg. 24’ 00” West 84.24 feet to a point; thence South 56 deg. 33’ 00” West 140.04 feet to a point; thence South 40 deg. 31’ 00” West 77.55 feet to a point; thence South 87 deg. 39’ 00” West 234.42 feet to a point; thence leaving the center of the right of way of Old Sand Branch Road North 06 deg. 00’ 09” East 30.00 feet to an iron pin located in the northern edge of a 60 foot right of way recorded in Deed Book 1284 at Page 38, Buncombe County Reg- istry; thence North 06 deg. 00’ 00” East 220.00 feet to an iron pin; thence North 37” 59’ 46” East 100.51 feet to an iron pin located in the southern margin of the aforesaid 60 foot right

SUBSTITUTE TRUSTEE’S

10-SP-507 NOTICE OF

399

ROAD TO HIGHWAY 9. Address of property: 63 Treehaven Road, Black Mountain, NC 28711 Present Record Owners: Roger Green and Linda Green 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: May 17, 2010 Posted: Witness: Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C.

of way; thence North 37 deg. 59’ 46” East 30.00 feet to a point located in the center of the right of way of Old Sand Branch Road; thence with the center of the right of way of Old Sand Branch Road the following two courses and distances: North 51 deg. 32’ 00” East 159.78 feet to a point; thence North 84 deg. 46’ 00” East 114.40 feet to the point of BEGIN- NING, containing 3.31 acres as shown on a survey for Robert J. and Clarice J. Reed dated June 11, 1997 by Robert Watts & Associ- ates, P.A. By ACCEPTING this deed, the Grantees herein agree to be bound by the cov- enants described in the Restrictive Agreement recorded in Deed Book 1284 at Page 38, Bun- combe County Registry TOGETHER WITH A PER- PETUAL, NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS, EGRESS, AND REGRESS OVER AND ACROSS

TREEHAVEN

Substitute Trustee (WL562) 5/27 6/3

STATE OF NORTH CAROLINA

COURT OF JUSTICE SUPERIOR COURT DIVISION

2010 SP 367

IN THE MATTER OF THE FORECLOSURE OF THAT DEED OF TRUST RECORDED IN BOOK 2016, AT PAGE 195 ON OCTOBER 28, 1998 JOHN E. AVERY, JR. SPOUSE OF JOHN E. AVERY, JR.

TO: FIRST UNION NATIONAL BANK, AND STEPHEN C. WILKIE, SUB- STITUTE TRUSTEE

NOTICE OF SALE, FORE- CLOSURE 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 First Union National Bank (“Original Trustee”) in favor of Asheville Sav- ings Bank, SSB (“Lender” / “Beneficiary”) dated Octo- ber 28, 1998, recorded on October 28, 1998 in Bun- combe County Register of Deeds Trust Book 2016, at Page 195, securing an original principal amount of $140,000.00. 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: John E. Avery, Jr.

(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 June 7, 2010 at 10:30 am.

(3) The property being sold hereunder is known as 12 Ballantree Drive, Asheville, NC 28803, and specifically described as: BEING all of Lot 48, Section A of Ballentree as shown on that plat recorded in Plat Book 36, at Page 11 of the Buncombe County, NC Reg- ister’s Office; reference to which is hereby made for a more particular description of said Lot. AND BEING all of that property described in deed recorded in Deed Book 1149, at Page 119 of the Buncombe County, NC Register’s Office.

(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

IN THE GENERAL

COUNTY OF BUNCOMBE

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 May 13, 2010.

s/ Stephen C. Wilkie (SEAL) Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL563) 5/27 6/3

STATE OF NORTH CAROLINA

File No: 10 SP 221

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: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Power Development, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Book 4469, at Page 1435. 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 Applied Bank and the

COUNTY OF BUNCOMBE

All bid-

Power Development, LLC, a North Carolina limited liability company, by deeds recorded in Book 3890, Page 870, and Book 3907, Page 891, in the Office of the Register of Deeds for Buncombe County, North Carolina. LESS AND EXCEPT that portion of the above- described property which was previously conveyed to S & S #2 Family Lim- ited Partnership by deed recorded in Book 4331, Page 1683, and which is described as follows: BEING all of Unit No. 416 as shown on the Plans entitled “The Residences at Biltmore Condominium,” recorded in Condominium and Unit Ownership File No. 813, 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. TOGETHER with all rights and easements appur- tenant to said Unit as specifically enumerated in the Declaration of Con- dominium recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4330, Page 1427 (the “Declaration”), and pursuant thereto, to mem- bership in The Residences at Biltmore Condominium Owners’ Association, Inc., a North Carolina nonprofit corporation.

Substitute Trustee at 10:00 a.m. on the 8th day of June, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as 700 Biltmore Avenue, Asheville, NC 28801 and described as follows: BEING that 2.074 acre parcel designated as Tract B as shown on a survey pre- pared by McAbee & Associ- ates, P.A., dated October 13, 2005, and designated as Drawing No. G-05-1689, and being more particularly described as follows: BEGINNING at a control corner found at the inter- section of Caledonia Road and Bowling Park Road and running thence from said control corner along Bowl- ing Park Road, South 33 deg. 55 min. 28 sec. East 76.89 feet to a magnetic nail set; thence on a curve through a chord bearing South 46 deg. 36 min. 34 sec. West 241.83 feet, with an arc length of 244.99 feet and having a radius of 439.55 feet to a rebar set; thence South 54 deg. 55 min. 04 sec. East 32.93 feet to a calculated point not set; thence on a curve through a chord bearing South 08 deg. 01 min. 48 sec. West 59.42 feet, with an arc length of 59.45 feet and having a radius of 551.67 feet to a calculated point not set; thence on a curve through a chord bear- ing South 16 deg. 13 min. 50 sec. West 62.76 feet, with an arc length of 63.17 feet and having a radius of 161.50 feet to a calculated point not set; thence on a curve through a chord bearing South 14 deg. 53 min. 14 sec. West 121.45 feet, with an arc length of 122.19 feet and having a radius of 318.42 feet to a rebar set; thence North 81 deg. 15 min. 31 sec. East 5.91feet to a rebar set; thence on a curve through a chord bearing South 20 deg. 26 min. 04 sec. East 69.24 feet to a rebar set; thence South 76 deg. 32 min. 55 sec. East 26.92 feet to a calculated point not set; thence South 13 deg. 53 min. 04 sec. East 78.91 feet to a rebar set; thence South 77 deg. 35 min. 18 sec. East 217.62 feet to a rebar found; thence North 49 deg. 37 min. 57 sec. West 92.31 feet to a calculated point not set; thence on a curve through a chord bearing North 11 deg . 58 min. 51 sec. East 411.17 feet to a magnetic nail set; thence North 29 deg. 55 min. 23 sec. West 73.15 feet to a rebar with ID cap found; thence North 33 deg. 55 min. 28 sec. West 108.16 feet to the point and place of Beginning. ALSO BEING a portion of that property conveyed to

TOGETHER with and sub- ject to the said Declaration and the Bylaws annexed thereto, which, with all attachments 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 an interest in the Common Ele- ments referenced therein; 2) for use and restriction of use of the Unit for particu- lar purposes only; 3) prop- erty rights of purchaser as a Unit Owner in and to the Residential Common Elements; 4) obligations and responsibility of the Grantee 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 Residential Common Elements; and 6) obligations of Grantee and the Association for main- tenance as set out in the Bylaws. Less and except any prop- erty previously released pursuant to any Release Deeds recorded in the Buncombe County Public Registry, including, without limitation, Release Deed recorded in Book 4605 at Page 1849, in Book 4613 at Page 142, in Book 4617 at Page 1081, in Book 4618 at Page 846, in Book 4618 at Page 908 and in Book 4626 at Page 891 of the Buncombe County, North Carolina Public Registry. Subject to the following: 1. Restrictions, reservation of easements and condi- tions contained in instru- ment recorded in Book 4330, Page 1427 and Book 4394, Page 47, Buncombe County Registry. 2. All matters shown on the referenced plat of survey described above, and those plats recorded in Plat Book 84, Page 78; Plat Book 105, Page 25; Plat Book 106, Page 78; Plat Book 154, Page 109B and Plat Book 108, Page 32 (Con- dominium Plat), Buncombe County Registry. 3. Easement to Carolina Power and Light Company recorded in Book 948, Page 313, Buncombe County Registry. 4. Easement to Department of Transportation recorded in Book 1259, Page 10 and Page 13, Buncombe County Registry. 5. Easement to Carolina Power & Light Company d/b/a Progress Energy Carolinas recorded in Book 4269, Page 897, Buncombe County Registry. 6. Waterline Easement in favor of the City of Asheville recorded in Book 4323, Page 1019, 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 Applied Bank and 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). 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.

Continued on page 19

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