LEG S cont... AL


Legals cont...


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


4806.0003488 09-SP-1265


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 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


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.


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. (WL573) 6/3 6/10


REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Preston L. Barrett, individually,


20 THE TRIBUNE - June 3 - June 9, 2010


FORECLOSURE SALE OF


SUBSTITUTE TRUSTEE’S


NOTICE OF NOTICE OF DISPOSITION NOTICE OF


BUNCOMBE COUNTY


dated September 1, 2006 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on Sep- tember 6, 2006, in Book 4280 at Page 1201; 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 owner and 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 Buncombe County Courthouse, in Asheville, North Carolina at 10:30 AM on Monday, June 14, 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:


BEGINNING at a stake in the Western margin of Cub Road, said stake marking the Northeast corner of Lot 4, Section 1, as recorded in Plat Book 34, at Page 21; thence with the North- ern line of Lot 4, North 68 deg. 50’ West 100 feet to a stake; thence North 12 deg. 23’ East 138.94 feet to a stake; thence South 64 deg. 32’ East 91 feet to a stake in the Western margin of Cub Road; thence South with Cub Road as follows: South 7 deg. 07’ West 58.55 feet; thence South 8 deg. 08’ West 71.45 feet to the point an place of BEGINNING, being the Eastern portion of Lot 2 and 3 on said plat. BEING the same property as conveyed by deed recorded in Deed Book 1508, Page 797, Buncombe County Registry. And modified by the certain current judgement recorded in Book 4747 at page 1719 in the Buncombe County Public Registry.


Address of property: 4 Cub Road, Asheville, NC 28806 Present Record Owners: Preston L. Barrett


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: June 2, 2010 David A. Simpson, P.C. Substitute Trustee (704) 619-6551 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL574) 6/3 6/10


854.0000053 10-SP-516


REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Antoi- nette Morgan, single, dated September 6, 2005 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on Sep- tember 7, 2005, in Book 4102 at Page 898; 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 owner and 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 Buncombe County Courthouse, in Asheville, North Carolina at 10:30 AM on Monday, June 14, 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:


BEING ALL OF LOT NUMBER 55, BLOCK D, Lennox Park Subdivision, as per plat thereof recorded at Plat Book 154, Page 120, Buncombe County Regis- try. Reference to said plat is hereby made for a more perfect description of said lot.


Address of property: 65 Elizabeth Street, Asheville, NC 28801


Present Record Owners: Antoinette Y. Morgan A/k/a Antoinette Morgan


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


FORECLOSURE SALE OF


SUBSTITUTE TRUSTEE’S


NOTICE OF


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 24, 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 (WL575) 6/3 6/10


4806.0003945 10-SP-0340


REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Kenneth R. Crowe and Anita Smith, both unmarried, dated July 23, 2004 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on July 29, 2004, in Book 3727 at Page 164; and because of default in the payment of the indebt- edness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the owner and 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 Buncombe County Courthouse, in Asheville, North Carolina at 10:30 AM on Monday, June 14, 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:


TRACT I


Beginning at a stake in the eastern margin of Crowell Road, Northwest corner of the R. L. Mehaffey prop- erty as described in a Deed


FORECLOSURE SALE OF


SUBSTITUTE TRUSTEE’S


NOTICE OF


dated January 16, 1960, and recorded in Deed Book 826, Page 17, Buncombe County Registry, and runs thence North 64 deg. 28 min. East 124.62 feet to a stake; thence North 29 deg. 32 min. West 99.75 feet to a stake, William B. Henry’s southeast corner, as described in a Deed dated August 14, 1951, and recorded in Deed Book 709, Page 266, Buncombe County Registry; thence with Henry’s southern line South 75 deg. 42 min. West 117.1 feet to a stake in the eastern margin of Crowell Road; thence with the eastern margin of said road South 25 deg. East 122.28 feet to the point of Beginning.


Tract I being all of that property described in a Deed recorded in Deed Book 963, Page 624, Bun- combe County Registry.


Beginning at an old hub in the Eastern margin of Crowell Road, W. B. Rid- dle’s Northwest corner, as described in Deed recorded in Deed Book 834, Page 621, Buncombe County Registry, and runs thence North 21 deg. 30 West 25 feet to a hub at a post; thence North 76 deg. 35 min. East 117.1 feet to an old hub; thence south 21 deg. 30 min, East 25 feet to an old hub, Riddle’s North- eastern corner; thence with Riddle’s Northern line, South 75 deg. 42 min. West 117.1 feet to the point of Beginning.


Subject to an unrestricted right-of-way 25 feet in width to Crowell Road lying immediately West of the above described property.


Tract II being all of that property described in a Deed recorded in Deed Book 963, Page 625, Bun- combe County Registry.


Tracts I and II being all of that property described in deed recorded in Book 2001, at Page 194 of the Buncombe County, NC Register’s Office.


Address of property: 67 Crowell Road, Asheville, NC 28806


Present Record Owners: Kenneth R. Crowe and Anita Smith


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: June 2, 2010 David A. Simpson, P.C. Substitute Trustee (704) 619-6551 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL576) 6/3 6/10


912.0001034 10-SP-336


REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Frances Harris Tacy and Jeffery Brian Tacy wife and husband, dated July 2, 2007 and recorded in the Office of the Regis- ter of Deeds of Buncombe County, North Carolina, recorded on July 3, 2007, in Book 4430 at Page 666; and because of default in the payment of the indebt- edness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the owner and 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 Buncombe County Courthouse, in Asheville, North Carolina at 10:30 AM on Monday, June 14, 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:


Being all of Tract B as shown on that plat recorded in Plat Book 84, at Page 127 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 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 a portion of that property described in deed recorded in Book 4125, at Page 742 of the Buncombe County, NC Register’s Office.


Address of property: 794 Swannanoa River Road, Asheville, NC 28805


Present Record Owners: Tacy Real Estate, LLC


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


FORECLOSURE SALE OF


SUBSTITUTE TRUSTEE’S


NOTICE OF


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: June 2, 2010 David A. Simpson, P.C. Substitute Trustee Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500 (WL577) 6/3 6/10


REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Donna M. Minish, dated January 24, 2005 and recorded on January 24, 2005, in Book No. 3904, at Page 734 in the Office of the Register 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 June 14, 2010 at 10:30 AM that parcel of land, including 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:


FORECLOSURE SALE OF


SUBSTITUTE TRUSTEE’S


10-SP-348 NOTICE OF


124


BEING all of Lot 229, Phase III, Waightstill Mountain, LLC, Subdivision, as shown on a plat recorded in the Office of the Regis- ter of Deeds for Buncombe County, North Carolina, Public Registry, said plat duly recorded in Plat Book 92, at Page 151, reference to which is hereby made for a more particular descrip- tion of said Lot.


Address of property: 11 Yorktown Circle, Arden, NC 28704


Present Record Owners: Donna M. Minish


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 24, 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 (WL578) 6/3 6/10


Continued on page 21


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