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 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


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


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL CREDITORS AND


COUNTY OF BUNCOMBE NOTICE TO


Estate Estate


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.


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 16 THE TRIBUNE - August 19 - August 25, 2010


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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of Mildred F. Neal, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against the estate of said deceased to exhibit them to the undersigned on or before the 25th day of September, 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 10th day of August, 2010.


Gloria J. Harrell, Executor of the Estate of Mildred F. Neal. Heidi H. Stewart, Attorney PO Box 9871 Asheville, NC 28815 (WCN658) 8/19 8/26 9/2 9/9


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 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-


SUBSTITUTE TRUSTEE’S


4806.0003749 / CAROLINA


T I U E L AS RB N EG L


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 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 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 dis- cretion, 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 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: August 10, 2010


David A. Simpson, P.C. Substitute Trustee 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,


10 SP 874


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 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 10 SP 875 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 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- 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,


ID# 10 SP 876


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. 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


10 SP 686


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- 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


attorneys,


www.weavervilletribune.com


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