L AS cn.. EG L o t.


Legals cont...


relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property as described in the Buncombe County tax records as PIN 9720-98- 9175-00000 (formerly PIN 9720-98-9035-00000). You are required to make defense to such pleading not later than August 28, 2010 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought. This, the 26th day of July, 2010. John C. Frue, Attorney for Plaintiff, 20 Battery Park Ave, Ste 405, Asheville, NC 28801 (WL628) 7/29 8/5


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 Harley Franklin Harwood, Jr. and Rebecca Joann Harwood, dated September 9, 2004 and recorded on September 21, 2004, in Book No. 3783, at Page 207 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 August 10, 2010 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Leicester, County of Buncombe, State of North Carolina, and being more particularly described as follows: BEING that 1.758 acre tract of land described in Plat Book 67 at Page 13 duly recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, reference to which is hereby made for a more particular description of said lot. BEING ALL of the property set out by Deed Book 1942 at Page 706 of the Bun- combe County Registry. ALSO CONVEYED herewith is non-exclusive easement to the Grantee, their heirs, successors and or assigns to obtain water from the remaining property of Woody’s and also a non- exclusive easement to the Grantees, their heirs, suc- cessors and or assigns for the right of ingress, egress and regress to place, main- tain, repair and replace said waterline(s). ALSO BEING that same property described in Deed Book 3229 at Page 735 of the Buncombe County, North Carolina Register of Deeds Office, reference to which is hereby made for a more particular descrip- tion. Less and except Being all that certain property shown as Lot 1 on Plat of Survey entitled “Survey for Candido Sierra and Wife, Krista Sierra”, by Hurley T. King, PLS, dated July 22, 2008, designated as File No. 3324-60A and recorded in Plat Book 139, Page 168, Buncombe County Registry, reference to said plat being hereby made for a more particular description of said prop- erty. Together with easements, restrictions and rights-of- way of record. Being a portion of that certain property described in Deed recorded in Book 4242, Page 187, Buncombe County Registry. Address of property:


SUBSTITUTE TRUSTEE’S


10-SP-773 NOTICE OF


451


312 Sugar Creek Road, Leicester, NC 28748 Present Record Owners: Harley Franklin Harwood, Jr. and Rebecca Joann Harwood 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


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 (704) 697-5809 (WL629) 7/29 8/5


468 / 10-SP-531 NOTICE OF


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 Wayne K. Purcell and Andrea Purcell, dated March 27, 2006 and recorded on March 31, 2006, in Book No. 4201, at Page 751 in the Office of the Register of Deeds of Buncombe County, North Carolina; and because of default in the payment of


www.weavervilletribune.com


SUBSTITUTE TRUSTEE’S


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 August 17, 2010 at 10:00 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: BEGINNING at a point, and said point being North 3 deg. 30’ East 53.33 feet from the Northwest corner of Lot No. 9 of Block A of the Maria W. Cock property as recorded in Deed Book 121, Page 205, Buncombe County Registry; and from said beginning point, the following courses and dis- tances: South 86 deg. 30’ East 200 feet to a point on margin of an alley; thence North 3 deg. 30’ East 53.33 feet; thence leaving the margin of said alley, North 86 deg. 30’ West 200 feet; thence South 3 deg. 30’ West 53.33 feet to the point of BEGINNING. BEING the same prop- erty as convyed by deed recorded in Deed Book 1743, Page 99, Buncombe County Registry. Property address is 190 South French Broad Avenue, Asheville, NC 28801 PIN # 9648.09-27- 0427.000 Address of property: 190 South French Broad, Asheville, NC 28801 Present Record Owners: Wayne K. Purcell and Andrea Purcell 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 28, 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 (704) 697-5809 (WL630) 8/5 8/12


AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S


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 F. Michael Pierce and Kelly L. Pierce, dated August 13, 2003 and recorded in the Office of the Register of Deeds of Bun- combe County, North Caro- lina, recorded on August 18, 2003, in Book 3348 at Page 484; 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, August 17, 2010, 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 a portion of the property conveyed to Paul J. Saenger and wife, Cherry L. Saenger by a deed dated January 29, 1985, and recorded Janu- ary 31, 1985, in Deed Book 1379, Page 164, Buncombe County Registry; also being all of Lot 38 and a portion of Lot 39 as shown on a plat of Butler Mountain Estates recorded in Plat Book 42, Page 189, Buncombe County Registry, and being more particularly described on said survey as follows: BEGINNING at an iron pin in the center of the right of way for Bailey Run, said point also being the Southernmost corner of Lot 40, and the Northwestern corner of Lot 39 of the plat referenced above; thence with the Southeastern line of Lot 40, North 72°, 47’ 08” East passing an iron pin at 27.85 feet , a total distance of 252.96 feet to an iron pin; thence a new line South 31° 43’ 49” East 210.89 feet to an iron pin in the Western line of property currently or formerly owned by McCanless (Deed Book 728, Page 224, Buncombe County Registry). Thence with the McCanless West- ern line, the following two courses and distances: South 21° 04’ 26” West 461.71 feet to an iron in a fence; and South 20° 40’ 42” West 237.16 feet to a point in the Northeastern most corner of Lot 33 of the reference plat; thence with the Northeastern line of Lot 33, North 67° 09’ 34” West 176.88 fee to a point in the common corner of Lots 33, 37 and 38 of the referenced plat; thence with the East- ern line of Lot 37, North 08° 22’ 53” East 418.86 feet to a point in or near the margin of the cul-de-sac


4806.0002795 / 09-SP-538


of Bailey Run; thence to a point in the center of said cul-de-sac, North 27° 03’ 10” East 75.23 feet (which point is the Northernmost corner of Lot 38 and the Southwestern corner of Lot 39); thence with the center of the right of way for Bailey Run, along a curve to the left in a Northwestern direc- tion with a radius of 630.22 feet, and an arc distance of 211.12 feet to the point and place of BEGINNING. Containing 4.52 acres more or less, according to a survey for J. Clarke McIntosh and wife, Cheryl McIntosh by Pankow Engi- neering Co., dated May 9, 1997, Drawing Number B8690. Subject to easements, restrictions, and rights of way of record, including: the right of way of Bailey Run to its full legal width; and restrictive covenants recorded in Deed Book 1194 at page 440, Bun- combe County Registry. Address of property: 5 Bailey Run, Fairview, NC 28730 Record Owners: F. Michael Pierce and Kelly L. Pierce 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: August 3, 2010


David A. Simpson, P.C. Substitute Trustee (704) 619-6551 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL631) 8/5 8/12


2103 / 10-SP-833 NOTICE OF


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 Michael Amos and Kelly M. Amos, dated August 7, 2008 and recorded on August 14, 2008, in Book No. 4598, at Page 1808 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, Asheville, North Carolina on August 17, 2010 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Arden, County of Buncombe, State of North Carolina, and being more particularly described as follows: ALL that certain lot or parcel of land situated in Avery’s Creek Township, Buncombe County, North Carolina, and more particu- larly described as follows: Being all of Lot 116 as shown on a plat of Phase Two, The Cliffs at Walnut Cove, which plat is recorded in the Office of the Register of Deeds, Buncombe County, Plat Book 84 at Page 140, ref- erence to which is hereby made for a more particular description. Address of property: 1806 Bella Vista Court Lot 116, Arden, NC 28704 Present Record Owners: Michael Amos 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


SUBSTITUTE TRUSTEE’S


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 26, 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 (704) 697-5809 (WL632) 8/5 8/12


UNCLAIMED PROPERTY


The following is a list of NOTICE OF


unclaimed and confiscated property at the Buncombe County Sheriff’s Office: electronic


cameras; clothing; lawn and garden equipment; computer equipment; per- sonal items; tools; weap- ons (including firearms); 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. For further informa- tion, or to file a claim, contact M.T. Hricinak, 828-250-4465.


equipment;


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


personal items; tools; weapons(including fire- arms); jewelry; automotive items; building supplies; bikes and other miscella- neous items. All items will be disposed of 30 days from posted date. (WL633) 8/5 8/12


equipment;


Yoga studio to offer sample classes Weaverville Yoga, located in downtown Weaverville, is nearing its one-


year anniversary and to celebrate, teachers will be offering free sample classes from noon until closing on Aug. 28. A link to the schedule can be found at weavervilleyoga.com.


August 5 - August 11, 2010 - THE TRIBUNE 17


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20