L AS cn.. EG L o t.


Legals cont...


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 22nd 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


APPLIED BANK: By: Timothy Hurley Its: Vice President (WL564) 5/27 6/3


STATE OF NORTH CAROLINA


File No: 10 SP 241


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 Devel- opment, LLC and David R. Payne, Gerald Payne and Winthrop W. Gilman, individually, original mort- gagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4126, at Page 1824 and re-recorded in Book 4170, at Page 618. 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: Power Development, LLC The property will be sold by the Substitute Trustee at 2:15 p.m. on the 4th day of June, 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 2.2 acres on Kenilwood Place, Caledonia Road and Biltmore Avenue, Asheville, NC 28801 and described as follows: BEING that 2.274 acre parcel designated as Tract A 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 in that certain Deed of Trust recorded in Book 4126, at Page 1824 and re-recorded in Book


COUNTY OF BUNCOMBE


4170, at Page 618 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. ALSO BEING a portion of that property conveyed to 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. 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 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 5th day of May, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL565) 5/27 6/3


STATE OF NORTH CAROLINA


File No: 10 SP 242


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-


www.weavervilletribune.com


COUNTY OF BUNCOMBE


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 Deed of Trust Book 4113, at Page 38. 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 2:15 p.m. on the 4th day of June, 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 60 Ravenscroft Drive / 15 Banks Avenue, Asheville, NC 28801 and described as follows: TRACT 1: BEING all of Lots 1, 2, 3, 4, 5 and 6 of Block “A” as shown on a plat of Buxton Hills Subdivision which plat is recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Plat Book 12, Page 69, reference to which plat is hereby made for a more particular description of said lots. TRACT 2: The southern right-of-way of Shoenberger Place as shown on Plat Book 2, Page 76 and more particularly described as follows: BEING at the southwest- ern corner of Shoenberger Place as shown on Plat Book 2, Page 76, being also the BEGINNING point of Tract No. 1 in that Deed recorded in Deed Book 1277, Page 637, Buncombe County Registry and from said BEGINNING point and with the western margin of Shoenberger Place, North 4° 8’ West 50.37 feet to a stake; thence North 10° 1’ West 52.21 feet to a stake; thence leaving the western margin of Shoenberger Place in a north-easterly direction to the north-west corner of Lot 14 ½ of Plat Book 2, Page 76; thence with the eastern margin of Shoenberger Place South 10° 01’ East 56.60 feet; thence South 4° 08’ East 55.05 feet to the south- western corner of Lot 14 of Plat Book 2, Page 76; thence in a westerly direc- tion 30.73 feet to the point and place of BEGINNING. BEING that portion of Shoe- nberger Place closed by Resolution and Order of the City of Asheville, Resolution No. 82-93, dated June 3, 1982. TRACT 3: BEGINNING at a stake in the western margin of Shoenberger Place, said stake being North 85° West 205 feet from the Southeast corner of the property heretofore con- veyed to Thomas Buick, Inc. which corner is in the north margin of an alley and the west margin of Church Street; and runs thence with the west margin of Shoenberger Place the fol- lowing calls and distances: North 4° 8’ West 50.37 feet to a stake; thence North 10° 1’ West 52.21 feet to a stake; thence North 20° 53’ West 56.47 feet to a stake; thence North 28° 38’ West 62.25 feet to a stake; thence North 25° 4’ West 66.53 feet to a stake; thence North 15° 52’ West 29.84 feet to a stake in the intersection of Ravenscroft Road; thence leaving Shoenberger Place North 77° 46’ West 19 feet to a stake in the eastern margin of Ravenscroft Road South 41° 15’ West 39 feet to a stake; thence South 34° 50’ West 240.24 feet to a stake, thence South 05° 07’ West 51.95 feet to a stake; thence, leaving Ravenscroft Road, South 85° 10’ East 286.36 feet to the point of BEGINNING. The said property being the property shown upon the plat recorded in Plat Book 2, Page 76, as being bounded on the northwest by Ravenscroft Road, on the East by Shoenberger Place and on the south by Buxton Hill Subdivision. TRACT 4: Lot 14 ½ as shown on a plat of Ravenscroft recorded in


the Office of the Register of Deeds for Buncombe County, NC in Plat Book 2 at Page 76, and being the same property described in a deed from R. Glenn Snipes to J. A. Miller which is recorded in the Office of the Register of Deeds for Buncombe County in Book 492 at Page 466. BEING ALSO the same property as conveyed in that Deed from Groves Printing Company to Rich- ard Whittington and wife, Elizabeth Whittington dated July 30, 1981 and recorded in Book 1277, Page 637, Buncombe County Regis- try. TRACT 5: BEING all that certain lot or parcel of land situated in Buncombe County, North Carolina and being more particularly described as follows: BEING all of Lot 14 as shown on a plat of the Ravenscroft Subdivision recorded in the Buncombe County Registry of Deeds in Plat Book 2, Page 76, ref- erence to which is hereby made for a more particular description. BEING ALSO the same property as described in that deed from Stephen L. Barden to Richard Whit- tington and wife, Elizabeth Whittington dated March 23, 1982 and recorded in Book 1292, Page 272. 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 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 5th day of May, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND


CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL566) 5/27 6/3


STATE OF NORTH CAROLINA


COURT OF JUSTICE SUPERIOR COURT DIVISION


2010 SP 148


IN THE MATTER OF THE FORECLOSURE OF THAT DEED OF TRUST RECORDED IN BOOK 4537, AT PAGE 1980 ON MARCH 19, 2008


DONALD S. O’KELLEY MARTHA R. O’KELLEY


TO: WENOCA, INC., 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 inter- est being foreclosed is a Deed of Trust to WENOCA, INC. (“Original Trustee”) in favor of Asheville Sav- ings Bank (“Lender” / “Beneficiary”) dated March 13, 2008, recorded on March 19, 2008 in Bun- combe County Register of Deeds Trust Book 4537, at Page 1980, securing an original principal amount of $123,000.00. 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: Donald S. O’Kelley, Martha R. O’Kelley.


(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 113 Rock Hill Road, Asheville, NC 28803, and specifically described as: BEING all of Lot 17 and the Eastern one-half of Lot 15 of Block “B” of Le-An- Hurst Park, as shown on a plat thereof recorded in Plat Book 5, Page 41, Buncombe County Registry, and being more particularly described as follows: BEGINNING at a stake in the Southern margin of Rock Hill Road at the common Northern corner of Lots 17 and 19 of said Block and Plat, and turns thence with the dividing line between said Lots 17 and 19, South 7 deg. 30’ East 198.4 feet to a stake; thence South 82 deg. 30’ West 75 feet to a stake; thence North 7 deg. 30’ West 190.63 feet to a stake in the Southern margin of Rock Hill Road; thence with said margin of Rock Hill Road, North 76 deg, 55’ East 25.12 feet to a stake at the common corner of Lots 15 and 17 of said Block and Plat; thence continuing with said margin


IN THE GENERAL


COUNTY OF BUNCOMBE


of said Road North 77 deg. 55’ East 50.25 feet to the point or place of BEGIN- NING.


(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 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.


est bidder shall assume all risk of loss, deterioration and other casualty after the date of sale. All bid- 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 12, 2010.


s/ Stephen C. Wilkie (SEAL) Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL567) 5/27 6/3


STATE OF NORTH CAROLINA


BEFORE THE CLERK 10-SP-0363


IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM EXCAVA- TION SPECIALISTS, INCOR- PORATED TO CB SERVICES CORP., TRUSTEE, DATED DECEMBER 21, 2007, RECORDED IN BOOK 4505, PAGE 1982, BUNCOMBE


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


COUNTY OF BUNCOMBE


(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-


COUNTY REGISTRY NOTICE OF FORECLOSURE SALE Pursuant to an order entered May 5, 2010, in the Superior Court for Buncombe County, and the power of sale contained in the captioned Deed of Trust Securing Future Advances (the “Deed of Trust”), and the Bankruptcy Order dated December 29, 2009 and April 27, 2010 from the Chapter 11 Bankruptcy Proceeding of Excavation Specialist, Inc., the under- signed Substitute Trustee will offer for sale at auc- tion, to the highest bidder for cash, AT THE COURTHOUSE DOOR AT BUNCOMBE


COURTHOUSE 60 COURT PLAZA ASHVILLE, NORTH CARO- LINA 28801 ON JUNE 7, 2010 AT 10:00 A.M. all (or any part) of the real estate and the improve- ments described in and secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of said sale, lying and being located at 21 Young Road, in the City of Weaverville, County of Buncombe, State of North Carolina, and being more particularly described as follows: See Exhibit “A” attached hereto and incorporated herein by reference. In the Trustee’s sole dis- cretion, the sale may be delayed for up to one (1) hour as provided in Sec- tion 45-21.23 of the North Carolina General Statutes. The record owner of the real property not more than ten days prior to the posting date of this Notice is Excavation Specialist, Incorporated. A five percent (5%) cash deposit, or a cash deposit or cashier’s check of $750.00 (no personal checks), whichever is greater, will be required of the last and highest bidder. The bal- ance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed. The purchaser of the real property described above shall pay the Clerk’s Com- missions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by NCGS §7A308(a)(1). This sale is also subject to any applicable county and/or state land transfer and/ or revenue taxes, and any excise tax (N.C.G.S. § 105-228.30 et seq), and the successful third party bidder shall be required to make payment for such taxes. The real property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the offi- cers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relat- ing to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are dis- claimed. Also, this prop- erty is being sold subject to all prior liens of record and IRS liens, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run. To the extent this sale


COUNTY


involves residential prop- erty with less than fifteen (15) rental units, you are hereby notified of the fol- lowing: a. An order for possession of the property may be issued pursuant to Sec- tion 45-21.29 of the North Carolina General Statutes 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; and b. 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. The underlying mortgage debt evidenced by the Note and secured by the Deed of Trust is not a subprime loan as defined in NCGS § 45-101(4) in that it is a commercial loan.


This 5th day of May, 2010


Mark A. Pinkston substitute trustee By: Mark A. Pinkston The Van Winkle Law Firm PO Box 7376, Asheville, NC, 28802 Phone: 828-258-2991 Fax: 828-257-2767 Email: mpinkston@vwlaw- firm.com


EXHIBIT “A” Lying and being situate in Buncombe County, North Carolina, and being more particularly described as follows: BEING ALL of Parcel 3, containing 12.147 acres, as shown on a plat of the property of Lawrence C. Hollifield and Betty C. Hol- lifield, which said plat is recorded in the Office of the Register of Deeds for Bun- combe County in Plat Book 60, page 30, Buncombe County Registry, reference to which is made for a more particular description of said Parcel. EXCEPTING therefrom that portion of Parcel 3 conveyed to Jerry Wayne Padgett by deed recorded in Book 1898, page 174, Buncombe County Registry, which deed describes a 3.5 acre tract recorded in Plat Book 64, page 155, Bun- combe County Registry. SUBJECT TO the right of way of Herron Cove Road, a public roadway, to its full legal width; to that private road right of way known as Young Road as shown on the plat recorded in Plat Book 60, page 30, Buncombe County Registry and described in a right of way agreement recorded in Book 1022, page 193, Bun- combe County Registry; and to that “16’ R/W Private Driveway” shown on the plat recorded in Plat Book 64, page 155, Buncombe County Registry. AND BEING the same prop- erty described as “Tract One” in a deed to Excava- tion Specialists Incorpo- rated a NC Corporation, dated December 27, 2007 and recorded in Book 4505, page 1979, Buncombe County Registry. (WL568) 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 Timothy P. Crawford, dated June 13, 2006 and recorded on June 13, 2006, in Book No. 4237, at Page 1239 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


SUBSTITUTE TRUSTEE’S


10-SP-451 NOTICE OF


228


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 Arden, County of Buncombe, State of North Carolina, and being more particularly described as follows: BEING all of Lot 19, Phase One of Lake Julian Trails as shown on that plat recorded in Plat Book 90, at Page 38 of the Buncombe County, NC Register’s Office; refer- ence to which Plat is hereby made for a more particular description of said Lot. Together with and subject to those certain restrictive covenants recorded in Book 3462, at Page 91, in Book 3623, at Page 890, in Book 3864, at Page 722, and all amendments thereto, of the Buncombe County, NC Reg- ister’s Office. Together with and subject to those easements and rights of way shown on the above-referenced Plat. And being all of that prop- erty described in deed recorded in Book 3883, at Page 513 of the Buncombe County, NC Register’s Office. Address of property: 23 Aberdeen Drive, Arden, NC 28704 Present Record Owners: Timothy P. Crawford 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 10, 2010


Posted: Witness: Assistant/Deputy Clerk of Superior Court 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 (WL569) 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 F. Michael Pierce and Kelly L. Pierce, dated August 13, 2003 and recorded in the Office of the Register of Deeds of Bun- combe County, North Caro- lina, recorded on August 18, 2003, in Book 3348 at Page 484; 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 Wednesday, June 9, 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 a portion of the property conveyed to Paul J. Saenger and wife, Cherry L. Saenger by a deed dated January 29, 1985, and recorded Janu- ary 31, 1985, in Deed Book 1379, Page 164, Buncombe County Registry; also being all of Lot 38 and a portion of Lot 39 as shown on a plat of Butler Mountain Estates recorded in Plat Book 42, Page 189, Buncombe County Registry, and being more particularly described on said survey as follows: BEGINNING at an iron pin in the center of the right of way for Bailey Run, said point also being the Southernmost corner of Lot 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


Continued on page 20


June 3 - June 9, 2010 - THE TRIBUNE 19


4806.0002795 09-SP-538


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24