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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 James Radford and Tammy Radford, dated November 5, 2007 and recorded on November 9, 2007, in Book No. 4486, at Page 1594 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 13, 2010 at 10:00 AM that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Asheville, County of Buncombe, State of North Carolina, and being more particularly described as follows: Beginning at a stake in the Western margin of Walnut Street at its intersection with the Southern margin of Ridge (now Union) Street and runs thence with the Western margin of Walnut Street, South 22 deg. West 150 feet to a stake, common corner of Lots 18, 22 and 23 of a plat here- inafter referred to; thence with the Northern line of Lots 20, 21 and 22 North 41 deg. 05 min West 150 feet to a stake at the corner of the lands described in a Deed from M.J. Slunder and Wife to R.D. Slunder, recorded in Deed Book 254 at Page 63; thence with that line North 48 deg 55 min East 135.7 feet to a stake in the Southern margin of said Ridge (now Union) Street; thence with said margin of Ridge (now Union) Street South 40 deg. 07 mins. East 82.6 feet to the point of Beginning. Being the major portion of Lots 16, 17 and 18 of Block 9 of a Plat of the Woodfin Land Company, which said Plat is recorded in Plat Book 1 at Page 9, Buncombe County Registry; and being part of the lands described in a Deed from said Woodfin Land Company, recorded in Deed Book 250, Page 279, said Registry. Excepting from said Lots 16, 17 and 18 a 50-foot lot conveyed to DR Slunder by Deed dated November 2, 1921, recorded in Deed Book 254, Page 23 said Registry. And being all of that prop- erty described in that deed recorded in Record Book 4275, at Page 1941 of the Buncombe County, NC Reg- ister’s Office. Address of property: 2 Union Street, Asheville, NC 28804 Present Record Owners: James Radford and Tammy Radford 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-
SUBSTITUTE TRUSTEE’S
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 21, 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 (WL603) 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 Gaynell M. Lumsden, dated January 31, 2006 and recorded on February 1, 2006, in Book No. 4173, at Page 1269 in the Office of the Register of Deeds of Buncombe County, North Carolina; and because of default in the payment of the indebted- ness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at 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 Black Mountain, County of Buncombe, State of North Carolina, and being more particularly described as follows: Being all of that tract of land designated as Unit 101 as shown on a Plat of Laurel Ridge, a planned unit development, as said Plat is recorded in Plat Book 62, Pages 20, 20A, 20B, 20C, and 20D, of the Buncombe County, N.C. Registry, ref- erence to which is hereby
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SUBSTITUTE TRUSTEE’S
10-SP-0691 NOTICE OF
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made for further purposes of description. TOGETHER with those benefits and bur- dens of ownership within Laurel Ridge as the same are specifically set forth in that certain Declaration of Covenants, Conditions and Restrictions as recorded in Book 1775, Page 732, Bun- combe County, N.C. Regis- try, which said Declaration is incorporated herein by reference. This property is further conveyed together with the benefits and subject to the burdens of a non- exclusive easement to be used in common with other Owners of Units for purposes of ingress, egress and regress to and from the Unit hereinbefore described and the public road over the right of way of Sugar Maple Drive and such other rights of way as are shown on the above-referenced Plats, and to utility easements and rights of way as the same cross the subject premises. The property hereinbefore described was acquired by Gaynell M. Lumsden by deed dated February 17, 1998, recorded in the Bun- combe County, N.C. Reg- istry in Deed Book 2009, Page 159. Address of property: 3 Great Aspen Way, Black Mountain, NC 28711 Present Record Owners: Gaynell M. Lumsden 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 21, 2010 David A. Simpson, P.C.,
Substitute Trustee 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 (WL604) 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 Donald C. Wright and Shirley A. Wright, dated September 23, 2004 and recorded on September 28, 2004, in Book No. 3790, at Page 409 in the Office of the Register of Deeds of Buncombe County, North Carolina; and because of default in the payment of the indebted- ness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Buncombe County Court- house, Courthouse Steps, North Carolina on July 13, 2010 at 10:00 AM that parcel of land, including 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 3 of the Herbert Torrence Estate as shown on that plat recorded in Plat Book 64, at Page 115 of the Buncombe County, NC Register’s Office; refer- ence to which Plat is hereby made for a more particular description of said Lot. The above described Prop- erty is conveyed together with and subject to those easements and rights of way shown on the above referenced Plat. And being all of that prop- erty described in deed recorded in Book 3591, at Page 414 of the Buncombe County, NC Register’s Office. Address of property: 17 Harold Conner Drive, Candler, NC 28715 Present Record Owners: Donald C. Wright and Shir- ley A. Wright 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
SUBSTITUTE TRUSTEE’S
10-SP-655 NOTICE OF
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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 21, 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 (WL605) 7/1 7/8
COURT OF JUSTICE DISTRICT COURT DIVISION
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
COUNTY OF BUNCOMBE, A Body Politic and Corporate, Plaintiff vs. MARY LEE ANGEL BROOKS; RUBY JEAN ANGEL GRIF- FIN; AUDREY NORRIS EDMONDS; PEGGY NORRIS CHEEK; ALICE NORRIS WIGHT; TONY HENSON; TIMOTHY
ESTATE OF JAMES WIL- LIAM ANGEL; UNKNOWN HEIRS OF JAMES WILLIAM ANGEL; FLOYD LEE ANGEL; ESTATE OF ROBERT DANIEL ANGEL; UNKNOWN HEIRS OF ROBERT DANIEL ANGEL; RICHARD EDWARD ANGEL
EUGENE ANGEL; and KEN- NETH FRANKLIN ANGEL, Owners Defendants NOTICE OF SERVICE OF PROCESS BY PUBLICATION
To: Peggy Norris Cheek Last Known Address: 25 Florida Avenue Asheville, NC 28806 Alice Norris Wight Last Known Address: Luther Road Candler, NC 28715
TAKE NOTICE that a plead- ing seeking relief against you has been filed in the aboveentitled action in the County of Buncombe, and notice of service of process by publication begins on July 1, 2010. The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property (Parcel ID # 9618-86-8855 known as 580 Deaverview Road) described through legal description at Deed Book 1536 at Page 213 of the Buncombe County Registry, which is more completely described in the Complaint. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property. You are required to defend such pleading no later than forty (40) days after the date of the first Publica- tion of Notice stated above, exclusive of such date, being forty days after July 1, 2010, which is August 10, 2010, and upon your failure to do so, the party
E D W A R D HENSON; 09 CVD 6064 IN THE GENERAL
seeking service of process by publication will apply to the court for the relief sought.
THIS the 22nd day of June, 2010.
ROBERTS & STEVENS, P. A. /s/Marjorie R. Mann Marjorie R. Mann Attorney for Plaintiff P.O. Box 7647 Asheville, NC 28802 Telephone: (828)252-6600 Facsimile: (828)210-6554 N.C. Bar No.:13202 (WL606) 7/1 7/8 7/15
Public Notice
In accordance with Town of Woodfin’s Code of Ordi- nance this notice is to inform the public that the Board of Aldermen of the Town of Woodfin will hold a public hearing on a pro- posed zoning of properties commonly known as 20 Old Leicester Hwy, 22 Old Leic- ester Hwy., 99999 Old Leic- ester Hwy., 24 Old Leicester Hwy.,18 Old Leicester Hwy, 2 Old Leicester Rd., 22 Old Leicester Rd., 99999 Old Leicester Hwy.,19 Old Leicester Hwy., and also a second parcel noted as 19 Old Leicester Hwy. The proposed re-zoning would be located on par- cels 972093403100000, 9 7 2 0 9 3 3 19000000, 9 7 2 0 9 2 4 9 7400000, 9 7 2 0 9 2 3 9 3 700000, 9 7 2 0 9 2 5 8 7 8 00000, 9 7 2 0 9 2 0 9 7 8 00000, 9 7 2 0 9 3 0 3 0000000, 9 7 2 0 9 3 2 6 2400000, 972093248400000, and 972093322700000. The property in question is being, proposed for zoning as Community-Shopping (C-S) a mixed use zoning district that is primarily commercial in nature. The hearing will take place at 6:30 PM on Tuesday, July 20, 2010 at the Woodfin Town Hall. This public hear- ing will be the second of two meetings to consider the requested zoning. Inter- ested citizens are invited and encouraged to attend. This meeting is open to the public. Inquires into this matter should be addressed to the Town Administrator at 253-4887. (WL607) 7/1 7/8
Public Notice
In accordance with Town of Woodfin’s Code of Ordi- nance this notice is to inform the public that the Board of Aldermen of the Town of Woodfin will hold a public hearing on a pro- posed zoning of property commonly known as 720 Old Marshall Hwy, 99999 Old Marshall Hwy.(1), 722 Old Marshall Hwy., 99999 Old Marshall Hwy.(2),and 99999 Old Marshall Hwy. (3). The proposed re-zoning would be located on par- cels 973106732300000, 9 7 3 1 0 7 5 1 0 8 0 0000 , 9 7 3 11 6 0 7 7 900000, 9 7 3 1 0 5 8 9 5 8 00000, 9 7 3 106 6 2 9 6 00000. The property in question is zoned by the general guidelines of the zoning ordinance but is not cate- gorized on the zoning map, the proposed re-zoning would reclassify these properties as Mountain Village (MV). The hearing will take place at 6:30 PM on Tuesday, July 20, 2010 at the Woodfin Town Hall. This public hearing will be the second of two meetings to consider the requested zoning. Interested citizens are invited and encouraged to attend. This meeting is open to the public. Inquires into this matter should be addressed to the Town Administrator at 253-4887. (WL608) 7/1 7/8
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
In the Matter of the Fore- closure of the Deed of Trust executed by Bou- levard Development Group, LLC, Grantor, to Southland Associates, Inc., Original Trustee, As recorded in Book 4536, Page 1072 of the Buncombe County Public Registry. See Substitution of Trustee which Substitutes Marjorie R. Mann as Substi- tute Trustee in the place and
stead of Original Trustee, as recorded in Book 4778, Page 1705 of the Buncombe County Public Registry.
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVI- SION 10-SP-688 NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
Pursuant to the power and authority contained in the Deed of Trust from Boule- vard Development Group, LLC to Southland Associ- ates, Inc. (the “Original Trustee”) for the benefit of SunTrust Bank recorded in Book 4536, Page 1072 of the Buncombe County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described in Exhibit A attached to the Deed of Trust (which description is fully incorpo- rated herein by reference), together with all rights, privileges and appurte- nances thereto (the “Prop- erty”). The record owner of the Property as reflected by the records of the Register of Deeds of Buncombe County not more than ten (10) days prior to the posting of this Notice was Boulevard Development Group, LLC. The Property will be sold subject to any and all superior mortgages, deeds of trust and liens, includ- ing, without limitation, the lien of unpaid taxes and assessments, easements, conditions, restrictions and matters of record. The Property will be sold “AS IS, WHERE IS.” Nei- ther the Substitute Trustee nor the holder of the Note secured by the Deed of Trust, nor the officers, directors,
employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note make any representa- tion or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabili- ties arising out of or in any way relating to any such conditions expressly are disclaimed. Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said suc- cessful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the pur- chase price so bid any suc- cessful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale. The sale will be held open for ten (10) days for upset bids as by law required. DATE OF SALE: JULY 20, 2010 HOUR OF SALE: 11:00 a.m. PLACE OF SALE: Buncombe County Court- house
This the 18th day of June, 2010.
/s/Marjorie R. Mann Marjorie R. Mann, Substi- tute Trustee Roberts & Stevens, P.A. BB&T Building, Suite 1100 One West Pack Square Asheville, North Carolina 28801 Telephone: (828) 252-
attorneys,
6600 (WL609) 7/8 7/15
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
In the Matter of the Fore- closure of the Deed of Trust executed by Bou- levard Development Group, LLC, Grantor, to Southland Associates, Inc., Original Trustee, As recorded in Book 4458, Page 1005 of the Buncombe County Public Registry, as modified in Book 4505, Page 1491 and re-recorded in Book 4515, Page 1848. See Substitution of Trustee which Substitutes Marjorie R. Mann as Sub- stitute Trustee in the place and stead of Original Trustee, as recorded in Book 4778, Page 1703 of the Buncombe County Public Registry.
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVI- SION 10-SP-687 NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
Pursuant to the power and authority contained in the Deed of Trust from Boule- vard Development Group, LLC to Southland Associ- ates, Inc. (the “Original Trustee”) for the benefit of SunTrust Bank recorded in Book 4458, Page 1005 of the Buncombe County Public Registry, as modi- fied in Book 4505, Page 1491 and re-recorded in Book 4515, Page 1848 (the “Deed of Trust”), the under- signed Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described in Exhibit A attached to the Deed of Trust (which description is fully incorpo- rated herein by reference), together with all rights, privileges and appurte- nances thereto (the “Prop- erty”), LESS AND EXCEPT THE FOLLOWING: Being all of Office Unit 202, Office Unit 205, Residential Unit 302, Residential Unit 305, Residential Unit 502 and Residential Unit 408 all of The Pioneer Building Condominium as described in the Declaration of Con- dominium for The Pioneer Building Condominium recorded in Record Book 4653, at Page 1 and as shown on those Plans recorded in Condominium File No. 1131 through 1144 and that plat recorded in Plat Book 120, at Page 178, all of the Buncombe County, NC Register’s Office; refer- ence to which Declaration, Plans and Plat are hereby made for a more particular description of said Units. The
Units are further conveyed together with and subject to an undivided interest in and to the common areas, facilities and elements of The Pioneer Building Con- dominium as set forth and described in the above- described Declaration. The record owner of the Property as reflected by the records of the Register of Deeds of Buncombe County not more than ten (10) days prior to the posting of this Notice was Boulevard Development Group, LLC. The Property will be sold subject to any and all superior mortgages, deeds of trust and liens, includ- ing, without limitation, the lien of unpaid taxes and assessments, easements, conditions, restrictions and matters of record. The Property will be sold “AS IS, WHERE IS.” Nei- ther the Substitute Trustee nor the holder of the Note secured by the Deed of Trust, nor the officers, directors,
employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note make any representa- tion or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabili- ties arising out of or in any way relating to any such
attorneys, above-described
conditions expressly are disclaimed. Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of ten percent (10%) of the amount bid or One Thou- sand Dollars ($1,000.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or cer- tified check at the time the Substitute Trustee tenders to him a deed for the Prop- erty or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the pur- chase price so bid any suc- cessful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale. The sale will be held open for ten (10) days for upset bids as by law required. DATE OF SALE: JULY 20, 2010 HOUR OF SALE: 11:00 a.m. PLACE OF SALE: Buncombe County Court- house
This the 18th day of June, 2010. /s/Marjorie R. Mann Marjorie R. Mann, Substi- tute Trustee Roberts & Stevens, P.A. BB&T Building, Suite 1100 One West Pack Square Asheville, North Carolina 28801 Telephone: (828) 252- 6600 (WL610) 7/8 7/15
STATE OF NORTH CAROLINA
File No: 10 SP 652 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 Nicholas J. Ruggeri and Terese D. Ruggeri, original mortgag- ors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4474, at Page 940, as amended in Book 4610, at Page 196. 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 20th day of July, 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 32, The Height at Altura, Asheville, NC 28804 and described as follows: Being all of Lot 32 of “The Heights at Altura” subdi- vision, as shown on that plat recorded in Plat Book 114, at Page 9 recorded in the Office of the Register of Deeds of Buncombe County, reference to which 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-
COUNTY OF BUNCOMBE
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 18th 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 (WL611) 7/8 7/15
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 Steven Paul Epson and Rebecca R. Alberico, both single, dated April 27, 2006 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on May 1, 2006, in Book 4216 at Page 749; 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 10:00 AM on Tuesday, July 20, 2010, that parcel of land, includ-
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July 8 - July 14, 2010 - THE TRIBUNE 17
SUBSTITUTE TRUSTEE’S
808.0001849 10-SP-108 NOTICE OF
An order for pos-
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