L AS cn.. EG L o t.


Legals cont...


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


4806.0004000 / 10-SP-506


REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Michael W. Moore, unmarried, dated December 31, 2003 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on Jan- uary 5, 2004, in Book 3513 at Page 38; 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 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


FORECLOSURE SALE OF


SUBSTITUTE TRUSTEE’S


NOTICE OF as follows:


BEGINNING at an exist- ing iron pipe marking the beginning corner of the J.J. Alexander property as described in Deed Book 1622 at Page 237, Bun- combe County Registry, from the beginning corner thus established runs with Alexander property S 17 deg 16 min 00 sec East 698.20 feet to a P.K. nail set in the right of way for West Oakview Rd.; thence with the right of way for West Oakview Rd. N 56 deg 14 min 00 sec East 346.50 feet; thence N 29 deg 44 min 00 sec East 99 feet; thence N 32 deg 35 min 00 sec East 21.11 feet to a point located more or less in the center of West Oakview Rd.; thence leav- ing the right of way for West Oakview Rd. and running N 35 deg 27 min 17 sec West passing an existing iron pipe in said right of way at 15.36 feet a total distance of 531.81 feet to an exist- ing iron pipe; thence with the Henderson property as described in Deed Book 1333 at Page 724 S 75 deg 45 min 00 sec West 206.29 feet to a walnut marking the beginning corner of the Henderson property and a corner of the John McClain property as described in Deed Book 804 at Page 634; thence continuing with the McClain property S 75 deg 45 min 00 sec West 48.84 feet to the point or place of BEGINNING. CONTAINING 5.03 acres more or less and being the same property as set forth on an unrecorded plat for Michael W. Moore and Linda S. Moore, dated April 25, 1998 by Alan B. Styles, R.L.S. AND BEING the same prop- erty as described in a Deed dated May 14, 1998 from Vorrest L. Gorman, Trustee of The Mary M. Gorman Revocable Trust to Michael W. Moore and wife, Linda S. Moore, said Deed being recorded in Deed Book 2024 at Page 436, Bun- combe County Registry.


Address of property: 134 W. Oakview Road, Asheville, NC 28806


Present Record Owners: Michael W. Moore


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


www.weavervilletribune.com


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 By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL579) 6/3 6/10


482.0000373 10-SP-339


REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Carl C. Bailey and Edith M. Bailey, hus- band and wife, dated July 26, 2004 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on August 2, 2004, in Book 3732 at Page 425; 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 14, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Bailey, County of Buncombe, State of North Carolina, and being more particularly described as follows:


The following particularly described real estate, located in Buncombe County, North Carolina, to wit: in Leicester Township.


Being all of Lot 286 as shown on a plat of sec- tion 3, Mt. Carmel Acres recorded in the Office of the Register of Deeds for Bun- combe County, North Caro- lina in Plat Book 38 at Page 65, reference to which plat is made for a more particu- lar description. Address:103 Tipperary Dr.; Asheville, NC 28806 Tax map or parcel Id No: 9720.17-02-6053


Address of property: 103 Tipperary Drive, Bailey, NC 28806


Present Record Owners: Carl Cransto Bailey aka Carl C. Bailey


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


FORECLOSURE SALE OF


SUBSTITUTE TRUSTEE’S


NOTICE 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 By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL580) 6/3 6/10


BEFORE THE CLERK 10 SP 147


dated December 19, 1994, recorded in


Book 1603, Page 324 of the Buncombe County Registry


By: Allan P. Root, Substitute Trustee


AMENDED NOTICE OF SUB- STITUTE TRUSTEE’S SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Lucinda Louise Rhodes, now deceased, dated December 19, 1994, and recorded in Book 1603, Page 324 of the Buncombe County Registry (see Substitution of Trustee recorded in Book 2652, Page 213 of the Bun- combe County Registry), and because of default in


THE FORECLOSURE of the Deed of Trust of Lucinda Louise Rhodes


IN THE MATTER OF


BUNCOMBE IN THE GENERAL COURT OF JUSTICE


NORTH CAROLINA COUNTY OF


STATE OF


the payment of the indebt- edness thereby secured and failure to carry out and perform the stipulations and agreements therein contained and pursuant to an Order entered by the Clerk of the Superior Court and pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the Courthouse of Bun- combe County, located at 60 Court Plaza, Asheville, North Carolina, at 10:00 a.m. on the 11th day of June, 2010, all of those certain lots or parcels of real estate, including all improvements and fixtures located thereon, situated, lying and being in Bun- combe County, North Caro- lina, and more particularly described as follows:


PROPERTY DESCRIPTION:


BEING all of Unit #73 of Eastview Homes Condo- minium as described in the Declaration of Con- dominium therefor dated October 20, 1994, and recorded on October 25, 1994, in Deed Book 1821 at Page 660 in the Buncombe County Public Registry, ref- erence to which is hereby made for amore particular description. The Unit is more particularly shown on the plat and plans for the Condominium which are attached to the Declara- tion as Exhibits C and D and which are recorded in Unit Ownership File Number 260. The Unit is a portion of the property conveyed to the Housing Authority of the City of Asheville by deed dated April 13, 1972, and recorded in Book 1058 at Page 433, Buncombe County Registry.


TOGETHER with a one- fiftieth (1/50th) undivided interest in the common areas and facilities of said Eastview Homes Con- dominium as set forth in the Declaration therefor referred to above.


This conveyance is made SUBJECT to the terms, conditions and restrictions of the Declaration of East- view Homes Condominium, above referred to, and all exhibits attached thereto, said exhibits including but not limited to the Bylaws of the Eastview Homes Condominium Homeown- ers Association and the Rules and Regulations of said Association. The ownership, occupancy, use, encumbrancing, leas- ing, and transfer of said property above conveyed shall be SUBJECT to all of said terms, conditions and restrictions.


The address for the prop- erty is: 73 Eastview Avenue, Asheville, North Carolina, 28803.


RECORD OWNER(S) of the above described real property as reflected on the records of the Buncombe County Public Registry not more than ten (10) days prior to the posting of this notice is: Lucinda Louise Rhodes, now deceased, with her heirs being iden- tified as James Little and Phillip Mosley (See 08 E 1344 in the Buncombe County Clerk’s Office).


All other property described in the Deed of Trust, if any, is excluded from this sale.


The terms of the sale are that the property herein- before described will be sold for cash to the highest bidder and that the under- signed will require the suc- cessful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certi- fied check at the time the Substitute Trustee tenders to the bidder a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full


agents or authorized rep- resentatives of either the Substitute 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 conditions are expressly disclaimed. The property will be sold sub- ject to any and all restric- tions, easements and other matters of record, superior liens, including but not limited to taxes, prior mort- gages, deeds of trust and liens, special assessments, any transfer tax associated with the foreclosure, and any tax required to be paid by N.C.G.S. § 7A-308(a) (1). This sale will be fur- ther subject to the right, if any, of the United States of America to redeem the above-described property for a period of one hundred twenty (120) days follow- ing confirmation of the sale. The real property may be sold in separate parcels, all together or in any manner the Substi- tute Trustee determines is appropriate. The sale will be held open for ten (10) days for upset bids as required by law. The holder of the Deed of Trust and the Promissory Note secured thereby reserves the right to withdraw this Notice of Sale, without cause, until the date and time of final transfer of the property. An Order for possession of the property being sold may be issued pursuant to N.C.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 prop- erty 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 notice of sale, terminate the rental agree- ment upon ten 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. This the _____ day of April, 2010. Allan P. Root, Substitute Trustee c/o Root & Root, PLLC 22 North Main Street Weaverville, NC 28787 (828) 645-7080 (WL581) 6/3 6/10


STATE OF NORTH CAROLINA


File No: 10 SP 250 NOTICE OF SALE


TAKE NOTICE THAT: RAINTREE REALTY AND CONSTRUCTION,


Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and 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 follows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Craig Roberts and wife, Glenice Roberts, original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4586, at Page 1004. The record owner of such


INC.,


COUNTY OF BUNCOMBE


balance purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C.G.S. §45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid. The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and convey- ance “As Is, Where Is”. Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust being foreclosed, nor the officers, directors, attorneys,


employees,


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 10:15 a.m. on the 24th day of June, 2010 at the Court- house door in the City of Asheville, North Carolina. The real property to be sold is generally described as 50 Keystone Drive, Asheville, Buncombe County, North Carolina and described as follows: BEING all of Lots 1, 2 and 26 of Block “B”, as shown on a plat of Tiny Farms, duly recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Plat Book 32, at Page 108, reference to which is hereby made for a more particular descrip- tion. ALSO BEING the same property described in Deed Book 2279 at Pate 428, Buncombe County Registry. Any property described in the Deed of Trust which is not being offered for sale is described as follows: Sub- ject to any and all Release Deeds of Record in the Buncombe County, North Carolina Registry. Any buildings located on the above-described prop- erty are also included in the sale. The property will be sold by 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 ten- ancy may have additional rights pursuant to Federal Protecting Tenants at Fore- closure Act which became effective May 20, 2009.


THIS the 27th day of May, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. A. Robert York, President PO Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL582) 6/10 6/17


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE


File No: 10 SP 536 NOTICE OF SALE


TAKE NOTICE THAT: RAINTREE REALTY AND CONSTRUCTION,


Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and 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 follows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Doro- thy P. Creasman, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4438, at Page 1083. 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 10:15 a.m. on the 24th day of June, 2010 at the Court- house door in the City of Asheville, North Carolina. The real property to be sold is generally described as 202 Mountain View Road, Asheville, Buncombe County, NC and described as follows: BEGINNING at an iron pin in the South margin of Max- well Road at the northwest corner of that property conveyed to Burnette E. Creasman and wife, Doro- thy P. Creasman, by deed recorded in the Office of the Register of Deeds for Buncombe County, North Carolina in Deed Book 841 at Page 535 and runs thence with said margin of Maxwell Road, South 84 deg. East 150 feet to a stake; thence South 09 deg. 15 min. East 150 feet to a stake; thence North 84 deg. West 150 feet to a stake in the west line of the property in the deed referred to above; thence with said west line, North 09 deg. 15 min. West 150 feet to the point and place of BEGINNING. ALSO BEING the same property described in Deed Book 2349 at Page 635, Buncombe County Registry Any property described in the Deed of Trust which is not being offered for sale is described as follows: Sub- ject to any and all Release Deeds of Record in the Buncombe County, North Carolina Registry. Any buildings located on the above-described prop- erty are also included in the sale. The property will be sold by 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:


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-


An order for pos- INC.,


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 the Federal Protecting Tenants at Fore- closure Act which became effective May 20, 2009.


THIS the 26th day of May, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. A. Robert York, President PO Box 8942 Asheville, NC 28814 (WL583) 6/10 6/17


STATE OF NORTH CAROLINA


File No: 10 SP 537 NOTICE OF SALE


Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and 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 follows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Quality Plus Homes, Inc., original mort- gagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4416, at Page 247. 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 10:15 a.m. on the 24th day of June, 2010 at the Court- house door in the City of Asheville, North Carolina. The real property to be sold is generally described as Lot 41, Reems Creek Village, Weaverville, Bun- combe County, NC and described as follows: BEING ALL of Lot 41 as shown on the plat recorded in Plat Book 110, Page 161, Buncombe County Regis- try, reference to which is made for a more particular description. 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


TAKE NOTICE THAT: RAINTREE REALTY AND CONSTRUCTION,


INC.,


COUNTY OF BUNCOMBE


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:


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 the Federal Protecting Tenants at Fore- closure Act which became effective May 20, 2009.


THIS the 26th day of May, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. A. Robert York, President PO Box 8942 Asheville, NC 28814 (WL584) 6/10 6/17


STATE OF NORTH CAROLINA


File No: 10 SP 538 NOTICE OF SALE


TAKE NOTICE THAT: RAINTREE REALTY AND CONSTRUCTION,


Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and 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 follows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Quality Plus Homes, Inc., original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4335, at Page 490. 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 10:15 a.m. on the 24th day of June, 2010 at the Court- house door in the City of Asheville, North Carolina. The real property to be sold is generally described as 122 Barebridge Hills Drive, Asheville, Buncombe County, North Carolina and described as follows: BEING ALL OF Lot 24 of the Barebridge Hills Subdivi- sion as shown on the plat recorded in Plat Book 86, Page 65 in the Office of the Register of Deeds for Buncombe County, North Carolina, reference to said plat being made for a more particular description. 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-


Continued on page 20


June 10 - June 16, 2010 - THE TRIBUNE 19 INC.,


COUNTY OF BUNCOMBE


An order for pos-


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