Asheville/Weaverville 277-1760 Hendersonville 697 - 2932


To Advertise: To Advertise:


Asheville/Weaverville 277-1760 Hendersonville 697-2932


NORTH CAROLINA COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Elizabeth Giles McDonald, 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 9th 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 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 cor- porations indebted to said estate will make immediate payment.


This the 3rd day of June, 2010


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


NORTH CAROLINA COUNTY OF BUNCOMBE NOTICE TO CREDITORS


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


This the 3rd day of June, 2010


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


BEFORE THE CLERK FILE 10E000677


NORTH CAROLINA BUNCOMBE COUNTY


IN THE MATTER OF THE ESTATE OF


GEORGE N. KOON, Deceased


NOTICE TO CREDITORS AND DEBTORS


Having qualified as Execu- tor of the Estate of GEORGE N. KOON, deceased, late of Buncombe County, North


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL STATE OF STATE OF


Legals STATE OF


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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Edith H. Jaeschke, 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 24th 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 17th day of June, 2010


Sabine Jaeschke Dieringer, Executrix Estate of Edith H. Jaeschke 75 Wembley Road Asheville, NC 28804 (WCN634) 6/17 6/24 7/1 7/8


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE


NOTICE TO CREDITORS


Having qualified as Admin- istratrix of the Estate of Geraldine Hill, 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 24th 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 17th day of June, 2010


Roberta D. Todd, Admin- istratrix Estate of Geraldine Hill 41 Magnolia Avenue Asheville, NC 28801 (WCN635) 6/17 6/24 7/1 7/8


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Co- Executors of the Estate of Dorothy B. Robertson, deceased, late of Bun- combe 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 24th 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 24th day of June, 2010


David Wesley Robertson, Co-Executor Estate of Dorothy B. Rob- ertson 1911 Foxwood Drive Chesapeake, VA 23323 Patricia Lee Crisco, Co- Executor Estate of Dorothy B. Rob- ertson 22 S. College Street Weaverville, NC 28787 (WCN636) 6/24 7/1 7/8 7/15


STATE OF NORTH CAROLINA


File No: 10 SP 547 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by TLT Group, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4349, at Page 1500. The record owner of such property, as reflected on the records of the Regis- ter of Deeds not more than ten (10) days prior to post- ing this Notice of Sale, if not the original mortgagors, is: TLT Group, LLC and LTK Enterprises, Inc. The property will be sold by the Substitute Trustee at 12:00 (Noon) p.m. on the 30th day of June, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as Lots 1, 10, 11, 12 and remainder of 6 Flat Creek Village Commercial Center, Weaverville, NC and described as follows: Lot 1: Being all of that property described in that certain deed of trust recorded in Book 4349, at Page 1500 of the Buncombe County, North Carolina Registry and


16 THE TRIBUNE - June 24 - June 30, 2010


COUNTY OF BUNCOMBE


said description is incorpo- rated herein by reference. Containing 1.405 acres and being Lot 1 of Flat Creek Village Commercial Center. Lot 6: Being all of that property described in that certain deed of trust recorded in Book 4349, at Page 1500 of the Buncombe County, North Carolina Registry and said description is incorpo- rated herein by reference. Containing 0.530 acres and being Lot 6 of Flat Creek Village Commercial Center. Lot 10: Being all of that property described in that certain deed of trust recorded in Book 4349, at Page 1500 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. Being all of Lot 10 containing 1.057 acres of Flat Creek Village Com- mercial Center. Lot 11: Being all of that property described in that certain deed of trust recorded in Book 4349, at Page 1500 of the Buncombe County, North Carolina Registry and said description is incorpo- rated herein by reference. Containing 0.862 acres and being Lot 11 of the Flat Creek Village Commercial Center. Lot 12: Being all of that property described in that certain deed of trust recorded in Book 4349, at Page 1500 of the Buncombe County, North Carolina Registry and said description is incorpo- rated herein by reference. Being Lot 12 containing 0.796 acres of Flat Creek Village Commercial Center. Less and except any prop- erty previously released pursuant to any Release Deeds recorded in the Buncombe County Public Registry, including, without limitation, Release Deed recorded in Book 4388, at Page 908, Book 4628 at Page 1478, and Book 4715 at Page 1825 of the Buncombe County, North Carolina Public Registry. Less and except Lot 9 as described in Deed of Trust recorded in Book 4349, at Page 1500 of the Bun- combe County, North Caro- lina 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 posses- sion 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-


T I U E L AS RB N EG L


rior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 3rd day of June, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL588) 6/17 6/24


STATE OF NORTH CAROLINA


File No: 10 SP 570 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality and Con- struction, Inc, Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Laurel Enter- prises, Inc., original mort- gagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4455, at Page 1082. 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 12:00 (Noon) p.m. on the 30th day of June, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as 22 Robinhood Road, Asheville, NC 28804 and described as follows: Tract I: Being all that property described as Tract I in that particular Deed of Trust recorded in Book 4455, at Page 1082 of the Bun- combe County, North Caro- lina Public Registry and said description is incorpo- rated herein by reference. TOGETHER WITH AND SUBJECT TO easements, restrictions and rights of way of record. Tract II: Being all that property described as Tract II in that particular Deed of Trust recorded in Book 4455, at Page 1082 of the Buncombe County, North Carolina Public Registry and said description is incorporated herein by reference. TOGETHER WITH AND SUBJECT TO easements, restrictions and rights of way of record. 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


COUNTY OF BUNCOMBE


IN CASH with the Substi- tute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00). All bidders bid for the prop- erty AS IS on the date of sale. Absolutely no war- ranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bid- ders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. The property will be sold subject to all unpaid taxes and special assessments. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: An order for pos- session of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the Clerk of Supe- rior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 3rd day of June, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL589) 6/17 6/24


STATE OF NORTH CAROLINA


File No: 10 SP 546 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Ken- neth R. Klehm, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4225, at Page 1966, as modified in Book 4544, at Page 1800. 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: 401 Haywood Hold- ings, LLC The property will be sold by the Substitute Trustee at 12:00 (Noon) p.m. on the 30th day of June, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. The real property to be


COUNTY OF BUNCOMBE


sold is generally described as 401 Haywood Road, Asheville, NC 28806 and described as follows: BEGINNING at a point on the North side of Haywood Road where the West line of Michigan Avenue crosses said Haywood Road, and runs North 14 degrees West 129.54 feet with the western margin of Michi- gan Avenue to a stake in the South line of Waynes- ville Avenue; thence South 78 degrees 35 minutes West 25 feet with Waynes- ville Avenue; thence South 8 degrees 32 minutes East 119.9 feet to a stake in the North margin of Haywood Road; thence South 86 degrees East 38 feet to the BEGINNING. Being the same property as that con- veyed to John J. Williams by Deed dated March 25, 1977, and recorded March 25, 1977, in Deed Book 1161, at Page 656, in the Buncombe County, N.C., Registry. SUBJECT TO that certain reservation contained in the Deed to the Grantor herein which states as fol- lows: “Being a part of the lands purchased from. Mrs. S.D. Patterson, Commis- sioner by said A.E. Brown and G.D. Carter, reserving, however, for the use of A.E. Brown and G.D. Carter their heirs and assigns, the right and use of the West wall of building constructed upon the above described premises.” BEING ALSO the same property as described in a General Warranty Deed from Leslie Sherrill Davis, and spouse Mark Steven Davis to Mark Steven Davis, individually dated August 1998 and recorded August 23, 1999 in Book 2154, at Page 657 of the Buncombe County, NC, Registry, incor- porated herein 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 and special assessments. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: An order for pos- session of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the Clerk of Supe- rior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. Upon termination of a rental agreement, the tenant is liable for rent due


under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 3rd day of June, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL590) 6/17 6/24


STATE OF NORTH CAROLINA


File No: 10 SP 581 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Mark F. Burton and Brenda H. Burton, husband and wife, original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4470, at Page 1268. 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 12:00 (Noon) p.m. on the 30th day of June, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as Lot 30 The Heights at Altura, Ashville, NC 28804 and described as follows: Being all of Lot 30 of “The Heights at Altura” subdivi- sion, as shown on that plat recorded in Plat Book 114, at Pages 9 and 10 recorded in the Office of the Regis- ter of Deeds of Buncombe County, reference to which is hereby 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 and special assessments. The property being sold is all of that property described in the Deed of


COUNTY OF BUNCOMBE


session of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the Clerk of Supe- rior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 3rd day of June, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL591) 6/17 6/24


STATE OF NORTH CAROLINA


File No: 10 SP 580 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Mark F. Burton and Brenda H. Burton, husband and wife, original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4470, at Page 1283. 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 12:00 (Noon) p.m. on the 30th day of June, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as Lot 39 The Heights at Altura, Ashville, NC 28804 and described as follows: Being all of Lot 39 of “The Heights at Altura” subdivi- sion, as shown on that plat recorded in Plat Book 114, at Pages 9 and 10 recorded in the Office of the Regis- ter of Deeds of Buncombe County, reference to which is hereby 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-


COUNTY OF BUNCOMBE


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-


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- sion by the Clerk of Supe- rior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 3rd day of June, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL592) 6/17 6/24


STATE OF NORTH CAROLINA


COURT OF JUSTICE DISTRICT COURT DIVISION


FILE NO.: 09 CVD 6864


COUNTY OF BUNCOMBE, A Body Politic and Corporate, Plaintiff, v. CYNTHIA F. YOUNG, Owner; BRUCE H. O’CONNELL, Beneficiary; and JAMES M. EDMONDS, Trustee Defendants GENERAL NOTICE OF TAX FORECLOSURE SALE Under and by virtue of a Judgment of the Assistant Clerk of the Buncombe County Superior Court, North Carolina, made and entered in the action enti- tled “County of Buncombe vs. Cynthia F. Young, et al,” the undersigned Com- missioner will, on the 29th day of June, 2010, at 11:00 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real property described in the attached Exhibit “A” incorporated herein by reference. The property lies within Bun- combe County, North Carolina, and is more par- ticularly described in Exhibit “A” (PIN #: 9607-53-6332, 1444 Smokey Park High- way) attached hereto. The


IN THE GENERAL


COUNTY OF BUNCOMBE


An order for pos-


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