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By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL634) 8/12 8/19


NOTICE OF SALE OF REAL ESTATE


By authority contained in that certain Deed of Trust executed by Collier Market Holdings, LLC as recorded in Book 4663, Page 1594, of the Buncombe County Public Registry (see Appointment of Substitute Trustee as recorded in Book 4790, Page 330, of the Buncombe County Public Registry); the record owner of the property described in the said Deed of Trust being Collier Market Holdings, 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 27th day of July, 2010, as the result of a hearing in the fore- closure before the Clerk of Superior Court (10 SP 874); 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 20, 2010, at 11:00 a.m., the real estate located in the County of Buncombe, being more particularly described as follows: BEING ALL of Lots 3, 16 and 26 of Section 2 of Spicewood Hill Subdivision, as shown on plat recorded in the Office of the Regis- ter of Deeds for Buncombe County, NC, in Plat Book 108, at Page 150, refer- ence to which is hereby made for a more particular description. Property is located at: 86 and 112 Spicewood Road, 19 Ginger Spice Trail, Weav- erville, NC 28787; Parcel ID# 973301283500000; 972391840800000; and 972391074900000 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 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. 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


10 SP 874


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 27th day of July, 2010.


By: Marjorie Rowe Mann, Sub- stitute Trustee Roberts & Stevens, P.A. BB&T Building, Suite 1100 One West Pack Square Post Office Box 7647 Asheville, NC 28801 Phone: (828) 252-6600 Fax: (828) 210-6554 (WL635) 8/12 8/19


NOTICE OF SALE OF REAL ESTATE


By authority contained in that certain Deed of Trust executed by Collier Market Holdings, LLC as recorded in Book 4746, Page 267, of the Buncombe County Public Registry (see Appointment of Substitute Trustee as recorded in Book 4790, Page 332, of the Buncombe County Public Registry); the record owner of the property described in the said Deed of Trust being Collier Market Holdings, 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 27th day of July, 2010, as the result of a hearing in the fore- closure before the Clerk of Superior Court (10 SP 875); 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 20, 2010, 11:00 a.m., the real estate located in the County of Buncombe, being more particularly described as follows: BEING all of Lot 27, Section 2, as shown on that plat recorded in Plat Book 108, at Page 150, in the Office of the Register of Deeds for Buncombe County, North Carolina, reference to which is hereby made for a more particular descrip- tion. AND BEING all of that prop- erty described in that deed recorded in Book 4581, Page 966 in the Office of the Register of Deeds for Buncombe County, North Carolina. TOGETHER WITH AND SUB- JECT TO easements, rights of way and conditions, covenants and restrictions of record. Property is located at: 15 Ginger Spice Trail, Weaver- ville, NC 28787; Parcel ID# 9723-91-2808- 00000 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 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


www.weavervilletribune.com 10 SP 875


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 27th day of July, 2010.


By: Marjorie Rowe Mann, Sub- stitute Trustee Roberts & Stevens, P.A. BB&T Building, Suite 1100 One West Pack Square Post Office Box 7647 Asheville, NC 28801 Phone: (828) 252-6600 Fax: (828) 210-6554 (WL636) 8/12 8/19


NOTICE OF SALE OF REAL ESTATE


By authority contained in that certain Deed of Trust executed by Collier Market Holdings, LLC as recorded in Book 4744, Page 1874, of the Buncombe County Public Registry (see Appointment of Substitute Trustee as recorded in Book 4791, Page 435, of the Buncombe County Public Registry); the record owner of the property described in the said Deed of Trust being Collier Market Holdings, 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 27th day of July, 2010, as the result of a hearing in the fore- closure before the Clerk of Superior Court (10 SP 876); 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 20, 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 329, as shown on that plat recorded in Plat Book 94, at Page 117, in the Office of the Register of Deeds for Buncombe County, North Carolina, ref- erence to which is hereby made for a more particular description. AND BEING all of that prop- erty described in that deed recorded in Book 4717, Page 996 in the Office of the Register of Deeds for Buncombe County, North Carolina. TOGETHER WITH AND SUB- JECT TO easements, rights of way and conditions, covenants and restrictions of record. Property is located at: 130 Waightstill Drive, Arden, NC 28704; Parcel


963483399900000 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-


ID# 10 SP 876


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 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. 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 27th day of July, 2010.


By: Marjorie Rowe Mann, Sub- stitute Trustee Roberts & Stevens, P.A. BB&T Building, Suite 1100 One West Pack Square Post Office Box 7647 Asheville, NC 28801 Phone: (828) 252-6600 Fax: (828) 210-6554 (WL637) 8/12 8/19


NOTICE OF SALE OF REAL ESTATE


By authority contained in that certain Deed of Trust executed by David R. Payne and Kari S. Payne as recorded in Book 4533, Page 512, of the Buncombe County Public Registry (see Appointment of Substitute Trustee as recorded in Book 4776, Page 1144, of the Buncombe County Public Registry); the record owner of the property described in the said Deed of Trust being David R. Payne and Kari S. Payne, 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 28th day of July, 2010, as the result of a hearing in the fore- closure before the Clerk of Superior Court (10 SP 686); 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 25, 2010, at 11:00 a.m., the real estate located in the County of Buncombe, being more particularly described as follows: Being all of Tract Three 1.688 acre lot as shown on a survey prepared by Stephen T. Paul, P.L.S., L-3340, for “Minor Subdivi- sion Final Plat for The Eblen Foundation”, and recorded July 9, 2003 in the Bun- combe County Register of Deeds in Plat Book 88, at Page 93, reference to which is hereby made for a more particular description of said lot. Property is located at: 47 Misty Valley Parkway, Arden, NC 28704; Parcel ID# 9633-48- 7625.000 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.


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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 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. 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 28th day of July, 2010.


By: Marjorie Rowe Mann, Sub- stitute Trustee Roberts & Stevens, P.A. BB&T Building, Suite 1100 One West Pack Square Post Office Box 7647 Asheville, NC 28801 Phone: (828) 252-6600 Fax: (828) 210-6554 (WL638) 8/12 8/19


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE


In the Matter of the Fore- closure of the Deed of Trust and Assignment of Rents executed by Debaran Development Company, Inc., Grantor, to TRSTE, Inc., Original Trustee, As recorded in Book 4118, Page 1401 of the Buncombe County Public Registry. See Substitution of Trustee which Substitutes Marjo- rie R. Mann as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 4793, Page 942 of the Buncombe County Public Registry. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVI- SION 10-SP-892 NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY Pursuant to the power and authority contained in the Deed of Trust and Assignment of Rents from Debaran Development Company, Inc. to TRSTE, Inc. (the “Original Trustee”) for the benefit of Wachovia Bank, National Association recorded in Book 4118, Page 1401 of the Bun- combe County Public Reg- istry, as assumed in Book 4300, Page 709 (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 hereto, together with all rights, privileges and appurte- nances thereto (the “Prop- erty”). The record owners 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 Versant Prop- erties, LLC. In addition, a portion of the Property is subject to the life estate retained by Ada Lea Riddle. 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 por- tion of the Property encum- bered by the life estate of Ada Lea Riddle is sold sub- ject to that life estate. The Property will be sold “AS IS, WHERE IS.” Nei-


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: AUGUST 27, 2010 HOUR OF SALE: 11:00 a.m. PLACE OF SALE: Buncombe County Court- house


This the 28th day of July, 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


EXHIBIT A Tract 1: Being all of that 18.135 acre tract and that 3.011 acre tract as shown on a plat recorded in Plat Book 98 at Page 179, Buncombe County Registry, reference to which is hereby made for a more particular descrip- tion. Being all of Tract 1 as described in a Deed from George Riddle and Ada Lee Riddle, husband and wife, to Debaran Development Company, Inc. recorded in Book 4101 at Page 684. Tract 2: Being all right, title and interest of Debaran Devel- opment Company, Inc. in and to that Gap Area described as Tract 2 in the above-referenced Deed recorded in Book 4101 at Page 684. The above tracts are hereby conveyed together with the rights of way for ingress, egress and regress as described in Deed Book 1278 at pages 697, 699 and 701 and Deed Book 201 at page 13, Buncombe County Registry. Also together with a right of way for ingress, egress and regress as described in a Right of Way Agreement from George Riddle and wife, Ada Lee Riddle, to North Asheville Trust dated December 22, 1999, and recorded in Book 2240 at Page 689. (WL639) 8/12 8/19


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE


In the Matter of the Fore- closure of the Deed of Trust and Assignment of Rents executed by H & H Choice, LLC,


ther the Substitute Trustee nor the holder of the Note secured by the Deed of Trust, nor the officers, directors,


attorneys,


Grantor, to TRSTE, Inc., Original Trustee, As recorded in Book 4118, Page 1388 of the Buncombe County Public Registry. See Substitution of Trustee which Substitutes Marjo- rie R. Mann as Substitute Trustee in the place and stead of Orig- inal Trustee, as recorded in Book 4793, Page 944 of the Buncombe County Public Registry. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVI- SION 10-SP-891 NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY Pursuant to the power and authority contained in the Deed of Trust and Assign- ment of Rents from H & H Choice, LLC to TRSTE, Inc. (the “Original Trustee”) for the benefit of Wachovia Bank, National Association recorded in Book 4118, Page 1388 of the Buncombe County Public Registry, as amended in Book 4300, Page 700 and as modi- fied and assumed in Book 4300, Page 746 (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 hereto, together with all rights, privileges and appurte- nances thereto (the “Prop- erty”). The record owners 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 were Versant Properties, LLC and H & H Choice, 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: AUGUST 27, 2010 HOUR OF SALE: 11:00 a.m. PLACE OF SALE: Buncombe County Court- house


This the 28th day of July, 2010.


attorneys,


/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


EXHIBIT A Tract 1: All of that certain property shown on that certain Plat entitled “Baird Cove Tract”, recorded in the Office of the Register of Deeds, Bun- combe County, NC, in Plat Book 46 at page 191, ref- erence to which is hereby made for a more particular description. Being all of Tract One as described in a Deed from John M. Reyn- olds, Successor Trustee, to H & H Choice, LLC recorded in Book 2240 at Page 692. Tract 2: BEGINNING on an iron pin located in the northern margin of a 12-ft gravel road and runs thence North 17º 22’ West 101 feet to a 20-ft White Pine in the J.A. Wright property; thence North 58º 48’ East 164.63 feet to a hub set in the line between the Williams and Wright property; thence with said line between the Williams and Wright prop- erty, South 26º 30’ East 112.93 feet to an iron pin in a branch, said iron pin being the beginning corner of the property described in Deed recorded in Deed Book 501 at page 475, Buncombe County Regis- try; thence South 63º 25’ West 180.10 feet to the point of Beginning. Being all of Tract Two as described in a Deed from John M. Reyn- olds, Successor Trustee, to H & H Choice, LLC recorded in Book 2240 at Page 692. Tract 3: BEGINNING at a point located North 24º 48’ 19” West 1,677.37 feet from the Southwestern corner of the property of H & H Choice, LLC as described in a Deed recorded in Book 2240 at Page 692, said beginning point standing in the West- ern line of said H & H prop- erty and being shown on a plat recorded in Plat Book 46 at Page 191, and thence from said beginning point thus established North 66º 52’ 46” East 77.34 feet to an iron pin; thence South 17º 03’ 18” East 251.96 feet; thence South 65º 11’ 41” West 43.33 feet to a point located in the Western line of said H & H property as shown on plat recorded in Plat Book 46 at Page 191; thence with said line North 24º 48’ 19” West 32.20 feet and continuing North 24º 48’ 19” West 219.73 feet to the point and place of BEGINNING. Said tract of land consist- ing of .348 acres, more or less, and being shown as Tract D Overlap Area on a survey entitled “Pro- posed Property Exchange Between H & H Choice, LLC and Charles T. and April B. Riddle”, prepare by Gerald W. Stevenson of Webb A. Morgan and Associates, P.A., dated December 4, 2000, Job No. 99079-A- 872, as updated by survey by Barry L. Collins, PLS, dated 5/1/2001, as finally revised on 7/16/2001 and bearing Job #9290. Being all of Tract 1 as described in a Deed from April B. Riddle and husband, Charles T. Riddle, to H & H Choice, LLC recorded in Book 2553 at Page 231. Tract 4: BEGINNING at a point located North 24º 48’ 19” West 1,677.37 feet from the Southwestern corner of the property of H & H Choice, LLC as described in a Deed recorded in Book 2240 at Page 692, said Beginning point standing in the Western line of said H & H property and as shown on a plat recorded in Plat Book 46 at Page 191 and being located at or near the northern margin of the right of way of Baird Cove Road as shown on plat recorded in Plat Book 198 at Page 49 of the Buncombe County, NC Registry, and thence from said Beginning point thus established runs thence South 66º 52’ 46” West 44.98 feet; thence South 66º 52’ 46” West 20.11 feet; thence South


17º 04’ 27” East 223.68 feet; thence North 65º 11’ 41” East 20.18 feet; thence North 65º 11’ 41” East 74.97 feet to a iron pin located in the Western line of said H & H property as shown on plat recorded in Plat Book 46 at Page 191; thence with said line North 24º 48’ 19” West 219.73 feet to the point and place of BEGINNING. Said tract of land consisting of .406 acres, more or less, and being shown as Tract C on a survey entitled “Pro- posed Property Exchange between H & H Choice, LLC and Charles T. and April B. Riddle”, prepared by Gerald W. Stevenson of Webb A. Morgan and Associates, P.A., dated December 4, 2000, Job No. 99079-A- 872 as updated by survey by Barry L. Collins, PLS, dated 5/1/2001, as finally revised on 7/16/2001 and bearing Job #9290. Being all of Tract 2 as described in a Deed from April B. Riddle and husband, Charles T. Riddle, to H & H Choice, LLC recorded in Book 2553 at Page 231. Tract 5: Being all of that 1.566 acre tract shown on a plat prepared for H & H Choice, LLC, recorded in Plat Book 99 at Page 66, Buncombe County Registry, reference to which is hereby made for a more particular descrip- tion. Being all of Tract One as described in a Deed from Debra Harris Shelton and husband, Billy Shelton, and Elmer David Harris, to H & H Choice, LLC recorded in Book 3467 at Page 27. Tract 6: Being all right, title and interest of H & H Choice, LLC in and to that Gap Area described as Tract Two in the above-referenced Deed recorded in Book 3467 at Page 27. The above tracts are hereby conveyed together with the rights of way for ingress, egress and regress as described in Deed Book 1278 at pages 697, 699 and 701 and Deed Book 201 at page 13, Buncombe County Registry. Also together with a right of way for ingress, egress and regress as described in a Right of Way Agreement from George Riddle and wife, Ada Lee Riddle, to North Asheville Trust dated December 22, 1999, and recorded in Book 2240 at Page 689. Together also with a 20 foot right of way as described in Tract 3 in that Deed recorded in Book 2553 at Page 231. LESS AND EXCEPT the real property conveyed by the following conveyances: Lot 29 in Book 4480 at Page 186; Lot 7 in Book 4485 at Page 1339; Lot 19 in Book 4507 at Page 228 and the Water Tank Lot in Book 4709 at Page 1183. (WL640) 8/12 8/19


STATE OF NORTH CAROLINA


FILE NO.: 09 CVD 789


COUNTY OF BUNCOMBE, A Body Politic and Corporate, Plaintiff, v. THE ESTATE OF MARK D. SOLESBEE, JR. And ALL UNKNOWN HEIRS OF MARK D. SOLESBEE, JR. Defendants GENERAL NOTICE OF TAX FORECLOSURE SALE Under and by virtue of a Judgment of the Presiding District Court Judge of the Buncombe County District Court, North Carolina, made and entered in the action entitled “County of Buncombe vs. The Estate of Mark D. Solesbee, Jr., et al,” the undersigned Commissioner will, on the 27th day of August, 2010, at 11:00 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real property described in the attached Exhibit “A” incor- porated herein by refer- ence. The property lies within Buncombe County, North Carolina, and is more particularly described in Exhibit “A” (PIN #: 9638- 25-5701; 79 Louisiana Avenue) attached hereto. The sale will be held on the


COURT OF JUSTICE DISTRICT COURT DIVISION


IN THE GENERAL


COUNTY OF BUNCOMBE


Buncombe County Court- house Doorway in Asheville, North Carolina. The sale will be made subject to all outstanding City and County taxes and all superior restrictions of record and local improve- ment assessments against the abovedescribed prop- erty not included in the Judgment in the aboveen- titled cause. All junior liens will be extinguished upon sale. The property, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty. The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the under- signed will require the suc- cessful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certi- fied check at the time the Commissioner tenders the bidder a Deed for the prop- erty, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the pur- chase price bid, the bidder shall remain liable for said bid. The Buncombe County Tax Collector may make a credit bid. This sale will remain open for ten (10) days, as by law required, at which time an upset bid may be made with the Clerk of Court for Buncombe County, North Carolina. The Notice may be withdrawn at any time until the conclusion of the sale.


This 29th day of July, 2010.


ROBERTS & STEVENS, P.A. /s/Marjorie R. Mann Marjorie R. Mann Commissioner P.O. Box 7647 Asheville, NC 28802 Telephone: (828)252-6600 Facsimile: (828)210-6554 N.C. Bar No. 13202 Posted: By: Date: Exhibit A Parcel ID 9638-25-5701 (79 Louisiana Avenue) Being Lot 36 of Block A of Honeyhurst as shown on a Plat recorded in the Office of the Register of Deeds, Buncombe County, NC, in Plat Book 5 at page 82, ref- erence to which is hereby made for a more particular description, and being the same property conveyed to Mark D. Solesbee, Jr. by Deed dated July 9, 1965, and recorded in Deed Book 924 at page 308, Bun- combe County Registry. (WL641)


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 Manuel Victor Silva and Dalia Del Carmen Ibarra, dated July 16, 2007 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on July 23, 2007, in Book 4438 at Page 1595; 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 Swannanoa, County of Buncombe, State of North Carolina, and being more particularly described


August 12 - August 18, 2010 - THE TRIBUNE 17


SUBSTITUTE TRUSTEE’S


854.0000072 10-SP-517 NOTICE OF


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