Asheville/Weaverville 277-1760 Hendersonville 697 - 2932


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Asheville/Weaverville 277-1760 Hendersonville 697-2932


Legals


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE 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 cor- porations having claims against said deceased to exhibit them to the under- signed on or before the 21st day of August, 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 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 corporations having claims against said deceased to exhibit them to the under- signed on or before the 21st day of August, 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 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 cor- porations having claims against said deceased to exhibit them to the under- signed on or before the 21st day of August, 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 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 cor- porations 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 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


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL STATE OF STATE OF STATE OF 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 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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of Hettie U. Holbrook, 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 10th 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 10th day of June, 2010


D. Michael Holbrook, Executor Estate of Hettie U. Hol- brook 167 Holbrook Rd Candler, N.C. 28715 828 665-9462 (WCN632) 6/10 6/17 6/24 7/1


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of James Ray Aly, 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 10th 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 10th day of June, 2010


Pamala A. Harris, Executor Estate of James Ray Aly 134 Dix Creek Road #1 Leicester, NC 28748 (WCN633) 6/10 6/17 6/24 7/1


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.


18 THE TRIBUNE - June 10 - June 16, 2010


BUNCOMBE COUNTY


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; computer equipment; per- sonal items; tools; weap- ons; jewelry; automotive items; building supplies; bikes and other miscel- laneous 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, 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 Substitute 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, including improve- ments 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:


FORECLOSURE SALE OF


SUBSTITUTE TRUSTEE’S


NOTICE OF NOTICE OF DISPOSITION NOTICE OF


T I U E L AS RB N EG L


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 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 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 dis- cretion, 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 Resi- dential 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 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 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


FORECLOSURE SALE OF


SUBSTITUTE TRUSTEE’S


NOTICE OF


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 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 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.


FORECLOSURE SALE OF


SUBSTITUTE TRUSTEE’S


NOTICE OF


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


FORECLOSURE SALE OF


SUBSTITUTE TRUSTEE’S


NOTICE OF


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; reference 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 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:


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


Continued on page 19


www.weavervilletribune.com


FORECLOSURE SALE OF


SUBSTITUTE TRUSTEE’S


10-SP-348 NOTICE OF


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