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 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 cor- porations 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 cor- porations 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


Estate Estate


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- 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- 16 THE TRIBUNE - August 12 - August 18, 2010


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL CREDITORS AND


COUNTY OF BUNCOMBE NOTICE TO


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.


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


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Jack David Moody, 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 19th 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 12th day of August, 2010


Barbara Higdon Moody, Executrix Estate of Jack David Moody 418 Kyfields Weaverville, NC 28787 (WCN657) 8/12 8/19 8/26 9/2


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 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


SUBSTITUTE TRUSTEE’S


T I U E L AS RB N EG L


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 Resi- dential 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 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 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 of Bailey Run; thence to a point in the center of said


4806.0002795 / 09-SP-538


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


SUBSTITUTE TRUSTEE’S


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 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


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. 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


10-SP-57AMENDED 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 Marlene J. Nunnaley, unmarried, Robert D. Nunnaley, Jr. and wife, Kerry W. Nunnaley, dated December 29, 2006 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on Jan- uary 4, 2007, in Book 4342 at Page 930; 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 24, 2010, that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Arden, County of Buncombe, State of North


SUBSTITUTE TRUSTEE’S


4806.0003749 / equipment;


The following is a list of unclaimed and confiscated property at the Buncombe County Sheriff’s Office: electronic


equipment; NOTICE OF


Carolina, and being more particularly described as follows: BEING all of Lot 27 of the Stonecrest Subdivision as shown on a plat thereof recorded in the Office of the Register of Deeds for Buncombe County in Plat Book 102, at Page 200, ref- erence to which is hereby made for a more particular description of said Lot. ALSO BEING a portion of the same property described in a deed dated April 25, 2006 from WAITGHTSTILL MOUNTAIN, LLC to WIND- SOR/AUGHTRY COMPANY, INC. recorded in the Office of the Register of Deeds for Buncombe County in Deed Book 4215, at Page 1211. TOGETHER WITH AND SUBJECT TO those restric- tive covenants recorded in Book 3436, at Page 103 in the Office of the Register of Deeds for Buncombe County, as the same from time to time may be amended. Address of property: 6 Secrest Drive, Arden, NC 28704 Present Record Owners: Robert D. Nunnaley, Jr., Kerry W. Nunnaley and Marlene J. Nunnaley 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 10, 2010


David A. Simpson, P.C. Substitute Trustee


www.weavervilletribune.com


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