Asheville/Weaverville 277-1760 Hendersonville 697 - 2932


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Asheville/Weaverville 277-1760 Hendersonville 697-2932


Legals


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate ofJames Sims McElduff, 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 undersigned on or before the 22nd day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 15th day of July, 2010


Katherine Ann Triplett, Executrix Estate of James Sims McElduff 175 McDaris Cove Road Weaverville, NC 28787 (WCN643) 7/15 7/22 7/29 8/5


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Co- Executrix of the Estate of Roy Julius Smith, 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 undersigned on or before the 22nd day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 15th day of July, 2010


Sharon Louise Autrey, Co- Executrix Estate of Roy Julius Smith 14 Gentle Breeze Lane Asheville, NC 28805 Wanda Jean Lunsford, Co- Executrix Estate of Roy Julius Smith 85 Tunnel Road Suite 12-A-252 Asheville, NC 28805 (WCN644) 7/15 7/22 7/29 8/5


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Helen S h e l to n- K uyke n d a l l , 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 29th 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 22nd day of July, 2010


Sandra Shelton-Rollings, Executrix Estate of Helen Shelton- Kuykendall 1201 Fieldcrest Lane Clarksville, TN 37043 (WCN645) 7/22 7/29 8/5 8/12


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Charles Earle Watts, 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 29th 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 22nd day of July, 2010


Judy Ann Watts, Executrix Estate of Charles Earle Watts 30 Mount Carmel Drive Asheville, NC 28806 (WCN646) 7/22 7/29 8/5 8/12


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Louis N. Coscia, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against said deceased to exhibit them to the under- signed on or before the 4th day of November, 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 29th day of July, 2010


Florine F. Coscia, Executrix c/o Margret Lollis, Attorney Post Office Box 1123 Weaverville, North Carolina 28787 (WCN647) 7/29 8/5 8/12 8/29


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Admin- istrator CTA of the Estate of Velma Wilds Henderson Hensley, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against said deceased to exhibit them to the under- signed on or before the 4th day of November, 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 29th day of July, 2010


Richard Dale Henderson, Administrator CTA Estate of Velma Wilds Hen- derson Hensley PO Box 2007 Weaverville, NC 28787 (WCN648) 7/29 8/5 8/12 8/19


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


In Re Estate of Charlene Leilani Bennett, 10 E 0997 Having qualified as admin- istrator of the estate of Charlene Leilani Bennett, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corporations having claims against Charlene Leilani Bennett or her estate to exhibit them to the undersigned on or before the 29th day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons indebted to the deceased or her estate should make immediate payment.


This, the 29th day of July, 2010.


Cathie St. John-Ritzen Administrator, Estate of Charlene Leilani Bennett Law Office of Cathie St. John-Ritzen, PLLC P.O. Box 6337 Asheville, NC 28816 (WCN649) 7/29 8/5 8/12 8/19


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO


CREDITORS


In Re Estate of Alvin Ray Clement, 10 E 0135 Having qualified as admin- istrator of the estate of Alvin Ray Clement, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corporations having claims against Alvin Ray Clem- ent or his estate to exhibit them to the undersigned on or before the 29th day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons indebted to the deceased or his estate should make immediate payment.


This, the 29th day of July, 2010.


Cathie St. John-Ritzen Administrator,


of Alvin Ray Clement Law Office of Cathie St. John-Ritzen, PLLC P.O. Box 6337 Asheville, NC 28816 (WCN650) 7/29 8/5 8/12 8/19


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


In Re Estate of Kirk J. Moshier, 10 E 0964 Having qualified as admin- istrator of the estate of Kirk J. Moshier, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corporations having claims against Kirk J. Moshier or his estate to exhibit them to the undersigned on or before the 29th day of October, 2010, or this notice will be pleaded in bar of their recovery. All persons indebted to the deceased or his estate should make immediate payment.


This, the 29th day of July, 2010.


Cathie St. John-Ritzen Administrator,


of Kirk J. Moshier Law Office of Cathie St. John-Ritzen, PLLC P.O. Box 6337 Asheville, NC 28816 (WCN651) 7/29 8/5 8/12 8/19


STATE OF NORTH CAROLINA


DEBTORS OF BETTY MERRILL McGEE


Having qualified as Execu- tor of the Estate of Betty Merrill McGee, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned or to her attorney on or before the 28th day of October, 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 28 th day of July, 2010.


Pamela Merrill Winfree 7 Crooked Creek Dr. Asheville, NC 28804 Estate of Betty Merrill McGee William T. Biggers Biggers & Associates, PLLC 79 Woodfin Place, Suite 211 Asheville, NC 28801 (WCN652) 8/5 8/12 8/19 8/26


BEFORE THE CLERK FILE 10E001027


NORTH CAROLINA BUNCOMBE COUNTY


IN THE MATTER OF THE ESTATE OF DR J.F. Hammett, JR., Deceased NOTICE TO CREDITORS AND DEBTORS Having qualified as Per-


16 THE TRIBUNE - August 5 - August 11, 2010


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL CREDITORS AND


COUNTY OF BUNCOMBE NOTICE TO


Estate Estate


sonal Representative of the Estate of DR. J.F. Ham- mett, Jr., deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against the said Estate to present such claims to the undersigned on or before November 5, 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 5th day of August, 2010


Doris B. Hammett, Execu- trix Estate of Dr. J.F. Ham- mett, Jr. c/o Allen B. Koenig, Esquire Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN653) 8/5 8/12 8/19 8/26


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Admin- istrator CTA of the Estate of Omie Sluder Gillespie, 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 12th day of November, 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 5th day of August, 2010


Clinton Junior Gillespie, Administrator CTA Estate of Omie Sluder Gillespie 1755 Bear Creek Road Leicester, NC 28748 (WCN654) 8/5 8/12 8/19 8/26


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Co- Executors of the Estate of J. Reece 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 12th day of November, 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 5th day of August, 2010


David W. Robertson, Co- Executor Estate of J. Reece Rob- ertson 1911 Foxwood Drive Chesapeake, VA 23323 Patricia L. Crisco, Co- Executor Estate of J. Reece Rob- ertson 22 S. College Street Weaverville, NC 28787 (WCN655) 8/5 8/12 8/19 8/26


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of Linda Norton Coates, 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 12th day of November, 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.


T I U E L AS RB N EG L


This the 5th day of August, 2010


Jeffery Scott Coates, Executor Estate of Linda Norton Coates 124 South Main Street Weaverville, NC 28787 (WCN656) 8/5 8/12 8/19 8/26


STATE OF NORTH CAROLINA


File No: 10 SP 811 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 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 Carson Archie, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4397, at Page 1544. The record owner of such property, as reflected on the records of the Reg- ister of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgag- ors, is: N/A The property will be sold by the Substitute Trustee at 1:00 p.m. on the 10th day of August, 2010 at the Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as 23 Broadway and 25 Broad- way, Asheville, Buncombe County, NC and described as follows: TRACT I – 25 Broadway: BEGINNING at a nail set in the western edge of the right of way of Broad- way, which nail is also the


corner Tract I, as shown in a deed recorded in Deed Book 1513 at Page 437, Buncombe County Regis- try; thence running with the northern edge of said Tract I, South 76 deg. 32 min. 00 sec. West 110.00 feet to a point; thence North 12 deg. 45 min. 00 sec. West 25.15 feet to a point, which point is the southwesternmost corner of Tract II as described in Deed Book 1513 at Page 436, Buncombe County Registry; thence with the southern line of Tract II, North 76 deg. 32 min. 00 sec. East 110.00 feet to a point in the western margin of Broadway; thence with the western margin of Broadway, South 12 deg. 45 min. 00 sec. East 25.15 feet to the point and place of BEGINNING, according to that survey by Ray E. Anders, R.L.S., dated June 28, 1990 and bearing File No. 6020, which survey is incorporated herein by reference. Being the same prop- erty described in a Deed recorded in Book 4369 at Page 320, Buncombe County Registry. TRACT II – 23 Broadway: Being known as Ward 3, Sheet 1, Lot 24 of the Buncombe County Tax Maps and also known as 23 Broadway and being approximately 110 feet x 25 feet. Being that property described as First Tract in deeds recorded in Book 4372 at Page1606, Book 4369 at Page 329, Book 4369 at Page 323 and Book 4369 at Page 326. Said Tract II is also described as follows: BEGINNING at a stake in the Western margin of Broadway, said stake being located South 12 deg. 45 min. East 149.17 feet from the point where said margin of Broadway intersects with the Southern margin of Walnut Street, and runs thence South 76 deg. 32 min. West 110 feet to a stake in the Eastern margin of an open court; thence


northeasternmost


COUNTY OF BUNCOMBE


with the Eastern margin of said court, South 12 deg. 45 min. East 25 feet to a stake in the same; thence North 76 deg. 32 min. East 110 feet to a stake in the Western margin of Broadway; thence with said margin of Broadway, North 12 deg. 45 min. West 25 feet to the BEGINNING. Tract I and Tract II are also subject to the Declara- tion of Condominium for The Carson Building Con- dominium as recorded in Book 4630 at Page 961 in the Office of the Register of Deeds of Buncombe County. Also included are all equip- ment, furniture, and acces- sories located therein 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 the Federal Protecting Tenants at Fore- closure Act which became effective May 20, 2009.


THIS the 29th day of July, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. A. Robert York, President PO Box 8942 Asheville, NC 28814-8942 Phone: 828-777-5250 (WL624) 7/29 8/5


NOTICE OF SALE OF REAL ESTATE


By authority contained in that certain Deed of Trust executed by Bluestone Venture Group, LLC as recorded in Book 4514, Page 53, of the Buncombe County Public Registry (see Appointment of Substitute Trustee as recorded in Book 4784, Page 848, of the


10 SP 0805


Buncombe County Public Registry); the record owner of the property described in the said Deed of Trust being Bluestone Venture Group, LLC, default having been made in payment of the Promissory Note secured by said Deed of Trust; the said Deed of Trust being by the terms thereof subject to foreclosure; the pres- ent owner and holder of the Note having demanded foreclosure for the purpose of satisfying said debt; and by authority contained in the Order Allowing Fore- closure of Deed of Trust signed on the 12th day of July, 2010, as the result of a hearing in the foreclosure before the Clerk of Supe- rior Court (10 SP 0805); and at the request of the owner and holder of the Note secured by the afore- mentioned Deed of Trust, Marjorie Rowe Mann, Sub- stitute Trustee, will offer for sale to the highest bidder at public auction at the court- house door of the Bun- combe County Courthouse, 60 Court Plaza, Asheville, North Carolina, on August 11, 2010, at 11:00 a.m., the real estate located in the County of Buncombe, being more particularly described as follows: Being all of Lot 21, con- taining .80 acres, more or less according to plat of survey entitled “Section 2 Spicewood”, prepared by McMahan & Associ- ates, P.A., dated January 30, 2007 being Job No. 02-2705 and recorded in Plat Book 108 at Page 150 in the Buncombe County, North Carolina Register of Deeds. Property is located at: 123 Spicewood Road, Weaver- ville, NC 28787; Parcel ID# 9723-04-91- 2551.000 The sale shall be made subject to any and all taxes including taxes which are a lien against the prop- erty though not yet due or payable, and any special assessments, easements, rights of way, restrictions of record, and prior deeds of trust. The sale shall be made without warranty of any kind, including any warranty as to the physical or environmental condition of the real estate sold. An order for possession of the property may be issued pursuant to G.S. Sec. 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 January 18, 2008, 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. The highest bidder at the sale may be required to make deposit by cash or check of up to five (5%) per- cent of the bid, or $750.00, whichever is greater, at the time the bid is accepted, and the remaining balance upon confirmation of the sale. The sale will be reported to the Court and will remain open for advance or upset bids for a period of ten (10) days. If no advance bids are filed with the Clerk of Court, the sale will be con- firmed.


THIS, the 14th day of July, 2010.


Marjorie Rowe Mann, Sub- stitute Trustee Post Office Box 7647 Asheville, NC 28802 Telephone 828-252-6600 (WL625) 7/29 8/5


NOTICE OF SALE OF REAL ESTATE


By authority contained in that certain Deed of Trust executed by Bluestone Venture Group, LLC as recorded in Book 4514, Page 79, of the Buncombe County Public Registry (see Appointment of Substitute


10 SP 0806


Trustee as recorded in Book 4784, Page 852, of the Buncombe County Public Registry); the record owner of the property described in the said Deed of Trust being Bluestone Venture Group, LLC, default having been made in payment of the Promissory Note secured by said Deed of Trust; the said Deed of Trust being by the terms thereof subject to foreclosure; the pres- ent owner and holder of the Note having demanded foreclosure for the purpose of satisfying said debt; and by authority contained in the Order Allowing Fore- closure of Deed of Trust signed on the 12th day of July, 2010, as the result of a hearing in the foreclosure before the Clerk of Supe- rior Court (10 SP 0806); and at the request of the owner and holder of the Note secured by the afore- mentioned Deed of Trust, Marjorie Rowe Mann, Sub- stitute Trustee, will offer for sale to the highest bidder at public auction at the court- house door of the Bun- combe County Courthouse, 60 Court Plaza, Asheville, North Carolina, on August 11, 2010, at 11:00 a.m., the real estate located in the County of Buncombe, being more particularly described as follows: Being all of Lot 22, con- taining .83 acres, more or less according to plat of survey entitled “Section 2 Spicewood”, prepared by McMahan & Associ- ates, P.A., dated January 30, 2007 being Job No. 02-2705 and recorded in Plat Book 108 at Page 150 in the Buncombe County, North Carolina Register of Deeds. Property is located at: 117 Spicewood Road, Weaver- ville, NC 28787; Parcel ID# 9723-04-91- 2551.000 The sale shall be made subject to any and all taxes including taxes which are a lien against the prop- erty though not yet due or payable, and any special assessments, easements, rights of way, restrictions of record, and prior deeds of trust. The sale shall be made without warranty of any kind, including any warranty as to the physical or environmental condition of the real estate sold. An order for possession of the property may be issued pursuant to G.S. Sec. 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 January 18, 2008, 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. The highest bidder at the sale may be required to make deposit by cash or check of up to five (5%) per- cent of the bid, or $750.00, whichever is greater, at the time the bid is accepted, and the remaining balance upon confirmation of the sale. The sale will be reported to the Court and will remain open for advance or upset bids for a period of ten (10) days. If no advance bids are filed with the Clerk of Court, the sale will be con- firmed.


THIS, the 14th day of July, 2010.


Marjorie Rowe Mann, Sub- stitute Trustee Post Office Box 7647 Asheville, NC 28802 Telephone 828-252-6600 (WL626) 7/29 8/5


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of


SUBSTITUTE TRUSTEE’S


10-SP-574 NOTICE OF


449


the power and authority contained in that certain Deed of Trust executed and delivered by Brad Whitley Wright and Susan Dail Wright, dated May 11, 2007 and recorded on May 21, 2007, in Book No. 4407, at Page 235 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 Court- house, Courthouse Steps, North Carolina on Tuesday, August 10, 2010 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Weaver- ville, County of Buncombe, State of North Carolina, and being more particularly described as follows: All that certain lot or parcel of land situated in the City of, Township, Buncombe County, North Carolina and more particularly described as follows: BEING all of Lot 3 and por- tions of Lots 2 and 4 of Section 4 as shown on a plat of DOGWOOD KNOLLS SUBDIVISION, which plat is recorded in Plat Book 40, Page 138, Records of Bun- combe County, and more particularly described as follows: BEGINNING on an iron pipe on the Southern margin of Terrace Drive, said iron pipe being the Northeast- ern corner of a tract of land conveyed to Ronald G. Fer- rigno in Deed Book 1243, Page 69, of the records of Buncombe County, and runs thence with the East- ern boundary of the tract so conveyed to Ferrigno, South 30 deg. 41 min. 58 sec. East 54.66 feet to a point and South 23 deg. 9 min. 49 sec. East 86.38 feet to an iron pin in the Southern boundary line of Lot 2 of Section 4 as shown on the above referred to plat; thence with the Southern boundary lines of Lots 2 , 3 and 4 of Section 4 of Plat Book 40, Page 138 and the Northern bound- ary lines of Lots 11 and 12 of Section 1 of DOGWOOD KNOLLS SUBDIVISION, a plat of which is recorded in Plat Book 38, Page 50, Records of Buncombe County, North 65 deg. 47 min. 24 sec. East 57.77 feet to an iron pin at the Southeast corner of Lot 2 of Section 4 of Plat Book 40, Page 138 and North 70 deg. East 134 feet to an iron pin at the Northeastern corner of Lot 12 of Section 1, Plat Book 38, Page 50 and in the Southern boundary line of Lot 4 of Section 4 of Plat Book 40, Page 138; thence North 32 deg. 50 min. 31 sec. West 158.50 feet to an iron pin on the Southern margin Drive; thence with the Southern margin of Terrace Drive, on a curve to the left with a radius of 1070 feet, an arc distance of 172.53 feet to the place of BEGINNING. Containing .616 acres more or less, According to a survey entitled “Survey for Ronald C. Kelley and wife, Sharon F. Kelley” dated 12-18-89 and prepared by King & Summey, PA. Map No. B-722. The improvements thereon being commonly known as 90 Terrace Drive, Weaver- ville, North Carolina 28787. Being the same lot or parcel of ground which by Deed Dated January 15, 1998 and Recorded among the Land Records of Buncombe County in Book 2005 Page 489, was granted and con- veyed by Ronald C. Kelley and wife, Sharon F. Kelley, unto Susan Dail Wynegar and Brad Whitley Wright. The said Susan Dail Wyne- gar having since married, is now assuming the name of Susan Dail Wright. Address of property: 90 Terrace Drive, Weaver- ville, NC 28787 Present Record Owners:


Brad Whitley Wright and Susan Dail 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 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: July 19, 2010


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 (704) 697-5809 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL627) 7/29 8/5


NOTICE OF SERVICE OF PROCESS BY PUBLICATION,


STATE OF NORTH CAROLINA, BUNCOMBE COUNTY


In the General Court of Jus- tice, District Court Division, 10 CvD 03798, COUNTY OF BUNCOMBE, a Body Politic and Corporate vs MARY A. ROEPKE, et. al. To: JOHN DOE: Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the


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