Asheville/Weaverville 277-1760 Hendersonville 697 - 2932


To Advertise: To Advertise:


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 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 cor- porations 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 cor- porations 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 cor- porations 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


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of Gordon Bryant Metcalf, 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 20th day of October, 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 1st day of July, 2010


Eppie Imogene Rice Met- calf, Executor Estate of Gordon Bryant Metcalf 67 Green Oak Road Asheville, NC 28804 (WCN637) 7/1 7/8 7/15 7/22


STATE OF NORTH CAROLINA COUNTY OF


HENDERSON NOTICE TO CREDITORS


Having qualified as co-exec- utors of the estate of Mar- jorie J. Heise, deceased, late of Buncombe County, North Carolina, this is to notify all person, firms and corporations having claims against the estate of said deceased to exhibit them to the undersigned on or before the 20th day of October, 2010 or this Notice will be pleaded in bar of their recovery. All person indebted to said estate will please make immediate payment.


This, the 1st day of July, 2010.


Thomas J. Heise and Candice A. Heise, Co- Executors Estate of Marjorie J. Heise c/o Stephen Barnwell, Attorney at Law PO Box 236 Skyland, NC 28776 (WCN638) 7/1 7/8 7/15 7/22


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of Donald Luther Burnette, Sr., 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 15th day of October, 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 8th day of July, 2010


Donald Luther Burnette Jr., Executor Estate of Donald Luther Burnette Sr. 96 Church Street Weaverville, NC 28787 (WCN639) 7/8 7/15 7/22 7/29


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of Margaret D. Frisbee, 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 15th day of October, 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 8th day of July, 2010


Cleve L. Reese, Executor Estate of Margaret D. Frisbee 106 Dublin Lane Hendersonville, NC 28792 (WCN640) 7/8 7/15 7/22 7/29


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Admin- istratrix of the Estate of Everette Roy Conley, 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 15th day of October, 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 8th day of July, 2010


Geneva P. Conley, Admin- istratrix Estate of Everette Roy Conley 43 Fulton Street Asheville, NC 28801 (WCN641) 7/8 7/15 7/22 7/29


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Louise N. Coscia, 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 15th day of October, 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 8th day of July, 2010


Florine F. Coscia, Executrix c/o Margret Lollis, Attorney Post Office Box 1123 Weaverville, North Carolina 28787 (WCN642) 7/8 7/15 7/22 7/29


POSTED FIRST THURSDAY OF EVERY MONTH NOTICE OF


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. NOTICE OF DISPOSITION 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. (WL596) 7/1 7/8


STATE OF NORTH CAROLINA


File No: 10 SP 653 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursuant to


16 THE TRIBUNE - July 8 - July 14, 2010


COUNTY OF BUNCOMBE


which such sale will be held is that certain Deed of Trust executed by Thomas Horne and Carlene Horne, original mortgagors, and recorded in the Office of the Bun- combe County Register of Deeds in Deed of Trust Book 3368, at Page 470. 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 10:00 a.m. on the 13th day of July, 2010 at the above named County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally known as 200 South Lexington Avenue, Asheville, NC 28801, and is described as follows: BEING all of Tract A as shown on plat recorded in Plat Book 97, Page 125, Buncombe County, North Carolina Registry; refer- ence to said plat being made for a more particular description of said lot. Any property described in the Deed of Trust which is not being offered for sale is described as follows: N/A. 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- 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 9th day of June, 2010.


(WL597) 7/1 7/8 658


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of


SUBSTITUTE TRUSTEE’S


10-SP-0560 NOTICE OF


T I U E L AS RB N EG L


the power and authority contained in that certain Deed of Trust executed and delivered by Delores D. Boone, dated February 6, 2006 and recorded on February 14, 2006, in Book No. 4178, at Page 1117 in the Office of the Register of Deeds of Buncombe County, North Carolina; 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 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, Courthouse Steps, North Carolina on July 12, 2010 at 10:30 AM that parcel of land, including 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 Lots 5 and 6 as shown on a Plat duly recorded in Plat Book 5 at Page 24, and being the same property described in a Deed duly recorded in Book 1334 at Page 700. Being that property devised to Blanche Elizabeth Mclntyre by F.H. Mclntyre in Deed Book 1334 at page 700. The other 1/9 undivided interest was conveyed to Dawn Embler Boone by Frederick Embler and wife in Deed Book 1415 at Page 157, Buncombe County Registry. See also Estate File 84E1126 in Clerk of Court Office in Buncombe County. LESS AND EXCEPT Beginning at a stake in the Northern margin of Pea Ridge Road, now known as Hazel Mill Road at the Southeast corner of Lot Number 4 of a Plat herein- after referred to and runs thence with the Eastern line of said Lot number 4 North 13 degrees 29’ East 152.3 feet to a stake at the Northeast corner of said Lot number 4; thence South 66 degrees 31’ East 18.2 feet to a stake in the Northern line of Lot Number 5 of said Plat; thence a Southern direction 152 feet, more or less to the point of Begin- ning; and being a triangular portion of the Western side of Lot Number 5 of the Plat of the Edwards estate property, recorded in Plat Book Number 5 at page 24 and being part of the lands described in a Deed from Garrett Edwards and wife to F.H. Mclntyre and wife. Being the same property as conveyed in the Deed recorded in Deed Book 1415, Page 157 and Deed Book 2093, Page 443, Bun- combe County Registry. PIN # 9638.06-29- 8469.000 Address of property: 335 Hazel Mill Road, Asheville, NC 28806 Present Record Owners: Delores D. Boone a/k/a Dawn Embler Boone The terms of the sale are that the real property here- inbefore described will be sold for cash to the high- est bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property herein- above described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other condi- tions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this prop-


erty for any reason, the sole remedy of the pur- chaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy peti- tion prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agree- ment upon 10 days’ writ- ten notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009.


Dated: June 14, 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 (WL598) 7/1 7/8


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Brian Frellick and Melissa Frellick, dated January 24, 2007 and recorded on January 29, 2007, in Book No. 4353, at Page 194 in the Office of the Register of Deeds of Buncombe County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipu- lations and agreements contained therein and, pursuant to demand of the holder of the indebtedness 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, Courthouse Steps, North Carolina on July 12, 2010 at 10:30 AM that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Fairview, County of Buncombe, State of North Carolina, and being more particularly described as follows: BEING all of Lot 3 of Eden- berry as shown on that plat recorded in Plat Book 71, Page 150, of the Buncombe County Registry, reference to which Plat is hereby made for a more particular description. Address of property: 20 Winters Haven, Fairview, NC 28730 Present Record Owners: Brian Frellick and Melissa Frellick


SUBSTITUTE TRUSTEE’S


10-SP-0559 NOTICE OF


671


The terms of the sale are that the real property here- inbefore described will be sold for cash to the high- est bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property herein- above described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other condi- tions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this prop- erty for any reason, the sole remedy of the pur- chaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy peti- tion prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agree- ment upon 10 days’ writ- ten notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009.


Dated: June 14, 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 (WL599) 7/1 7/8


STATE OF NORTH CAROLINA


File No: 10 SP 0400 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Mark P.


COUNTY OF BUNCOMBE


Fields and Linda K. Fields, original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4294, at Page 1426. 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 10:00 a.m. on the 15th day of July, 2010 at the above named County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally known as 2 Bridle Path Road and Lot off Lookout Road, Asheville, NC 28804, and is described as follows: Tract 1: BEGINNING at a con- crete monument found in the southern line of Lot 5 as shown on that plat recorded in Plat Book 30, at Page 36 of the Buncombe County, NC Register’s Office (herein “Plat”); said concrete monument found being located South 83˚ 26’ 43” West 45.43 feet from a hub found which marks the southwesternmost corner of the said Lot 5 as shown on said Plat; said concrete monument found also marking the north- easternmost corner of that property owned by Robert C. Hall as described in Deed Book 796, at Page 589 of the Buncombe County, NC Register’s Office; and which concrete monument found also marks the north- westernmost corner of that property now or formerly owned by Bernard Shulim- son in Book 1636, Page 760 of the Buncombe County, NC Register’s Office; and running thence from the Beginning Point thus estab- lished and with the western line of the said Shulimson property, South 11˚ 57’ 00” West passing a point which marks the centerline of a right of way at 87.66 feet for a total distance of 340.37 feet to an iron pin set; thence a new line in the said Hall property, South 57˚ 36’ 00” West 184.42 feet to a concrete monu- ment found which marks a corner of that property now or formerly owned by Flor- ence Bearden as described in Deed Book 493, at Page 193 of the Buncombe County, NC Register’s Office; thence with the northern line of the said Bearden property, South 57˚ 36’ 00” West 64.84 feet to an iron pin found; thence with the eastern line of said Bearden property, North 13˚ 39’ 48” West 191.23 feet to an iron pin set in the southern line of Lot 2 as shown on the Plat; thence with the southern line of Lot 2 and Lot 3 as shown on the Plat, North 45˚ 38’ 43” East passing an iron pin found at 94.09 feet for a total distance of 218.14 feet to a hub found which marks the southwesternmost corner of Lot 4 as shown on the Plat; thence with the south- ern line of Lot 4 as shown on the Plat, North 45˚ 38’ 09” East 176.35 feet to a hub found which marks the southwesternmost corner of the said Lot 5 as shown on the Plat; thence with the southern line of the said Lot 5, North 83˚ 26’ 43” East 45.43 feet to the point and place of BEGINNING, con- taining 1.67 acres, more or less, according to that survey by Ledford Engi- neering dated February 21, 1997 and bearing Drawing No. S-9702-017; which survey is incorporated herein by reference. The above described Tract 1 BEING part of the prop- erty described in a deed from Robert C. Hall, Sr. et. al. to Mark P. Fields and Linda Fields dated June 29, 2005 and recorded in Book 4065, Page 787, Buncombe County Registry. Tract 2: BEING all the property described in a deed from Walter C. Bearden, Jr. to Mark P. Fields and Linda Kendall-Fields dated Janu- ary 31, 2006 and recorded in Book 4172, Page 1684, Buncombe County Reg- istry.


LESS AND EXCEPT that property released by Release Deed recorded in Book 4630, Page 355. Any property described in the Deed of Trust which is not being offered for sale is described as follows: N/A. 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- 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 15th day of June, 2010.


(WL601) 7/1 7/8


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Matthew O’Conner and Heather O’Conner, husband and wife, dated October 3, 2005 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on Octo- ber 4, 2005, in Book 4116 at Page 737; 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, July 12, 2010, that parcel of land, includ-


SUBSTITUTE TRUSTEE’S


58.0000081 10-SP-555 NOTICE OF


An order for pos-


ing improvements thereon, situated, lying and being in the City of Candler, County of Buncombe, State of North Carolina, and being more particularly described as follows: BEING all of Lot 30 as shown on a plat of Holcolmbe Wood Subdivision, Phase I, said plat being recorded in the Buncombe County Register of Deeds Office in Plat Book 80, at Page 179, reference to which being hereby made for a more particular description. Address of property: 101 Charles Teague Drive, Candler, NC 28715 Present Record Owners: Matthew O’Conner and Heather O’Conner 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 14, 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 (WL602) 7/1 7/8


10-SP-606 NOTICE OF


Continued on page 17


www.weavervilletribune.com 1080


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