L AS cn.. EG L o t.


Legals cont...


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, 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.


/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


www.weavervilletribune.com attorneys,


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 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-


COURT OF JUSTICE DISTRICT COURT DIVISION


IN THE GENERAL


COUNTY OF BUNCOMBE


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 as follows: BEING all of Lot 3, Block C as shown on a plat of Roll- ing Hills, which said plat is duly recorded in the Office of the Register of Deeds for Buncombe County, North Carolina in Plat Book 43 at


SUBSTITUTE TRUSTEE’S


854.0000072 10-SP-517 NOTICE OF


Page 37, reference to which is hereby made for a more particular description of said Lot. ALSO being the same prop- erty as described in Deed Book 3535, Page 613, aforesaid county registry. Address of property: 326 Melody Circle, Swan- nanoa, NC 28778 Present Record Owners: Manuel Victor Silva and Dalia Del Carmen Ibarra 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 By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Substitute Trustee 704-442-9500 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL642) 8/12 8/19


STATE OF NORTH CAROLINA


File No: 10 SP 712 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk


August 19 - August 25, 2010 - THE TRIBUNE 17


COUNTY OF BUNCOMBE


of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Days Inn of Candler, Inc., original mort- gagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 3802, at Page 163. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A. The property will be sold by the Substitute Trustee at 10:00 a.m. on the 26th day of August, 2010 at the above named County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally known as 2551 Smoky Park Highway, Candler, NC 28715, and is described as follows: BEGINNING at a two inch pipe located in the center of US Highway 19-23 in the Southwestern corner of that property conveyed to Haywood Oil Company, Inc. by deed recorded in Book 1517, Page 98 (Tract A) and from said point of beginning along the center line of US Highway 19-23 S. 77-13- 35 W. 319.68 feet; thence continuing S. 78-04-00 W. 346.00 feet; thence leaving the center of said US High- way 19-23, N. 12-58-51 W. 314.60 feet to the margin of I-40 right-of-way; thence N. 89-34-50 E. 249.84 feet; thence S. 05-14-00 E. 40.00 feet; thence N. 89-36-00 E. 58.00 feet; thence N. 00-24-00 W. 25.00 feet; thence N. 89-34-31 E. 278.86 feet; thence S. 01-57-33 W. 157.22 feet to the place of BEGINNING. SUBJECT TO public right- of-way of US Highway 19-23 extended in full legal width. BEING the same property described in a deed dated August 21, 2002 from SAS Investments, LLC to SHRI Enterprise, Inc. as recorded in Deed Book 2890, Pages 221-222,


County Registry. Any property described in the Deed of Trust which is not being offered for sale is described as follows: N/A. Any buildings located on the above-described prop- erty are also included in the sale. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substi- tute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00). All bidders bid for the prop- erty AS IS on the date of sale. Absolutely no war- ranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bid- ders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. The property will be sold subject to all unpaid taxes and special assessments.


Buncombe


The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units:


session of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the Clerk of Supe- rior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 28th day of July, 2010.


(WL643) 8/12 8/19 1961


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 Gary Peter Olsen, dated August 21, 2008 and recorded on Sep- tember 4, 2008, in Book No. 4604, at Page 1612 in the Office of the Register of Deeds of Buncombe County, North Carolina; and because of default in the payment of the indebted- ness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the 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, Asheville, North Carolina on August 24, 2010 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Weaverville, County of Buncombe, State of North Carolina, and being more particularly described as follows: ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF BUN- COMBE AND STATE OF NORTH CAROLINA, BEING DESCRIBED AS FOLLOWS: LOT 10, SQUIRREL RIDGE ACRES. BEING MORE FULLY DESCRIBED IN A DEED DATED 09/09/1991 AND RECORDED 09/11/1991, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 1665 AND PAGE 344. ADDRESS: 9 SQUIRREL


SUBSTITUTE TRUSTEE’S


10-SP-872 NOTICE OF


An order for pos-


RIDGE DR; WEAVERVILLE, NC 27887 TAX MAP OR PARCEL ID NO: 9743.01- 18-7610.000 Address of property: 9 Squirrel Ridge Dr, Weav- erville, NC 28787 Present Record Owners: Gary Peter Olsen The terms of the sale are that the real property here- inbefore described will be sold for cash to the high- est bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Owner and Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property herein- above described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other condi- tions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this prop- erty for any reason, the sole remedy of the pur- chaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy peti- tion prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agree- ment upon 10 days’ writ- ten notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009.


Dated: August 2, 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 (WL644) 8/12 8/19


NOTICE OF SERVICE OF PROCESS BY PUBLICATION


STATE OF NORTH CAROLINA


BUNCOMBE COUNTY


In the General Court of Jus- tice, District Court Division, 10 CvD 04252 COUNTY OF BUNCOMBE, a Body Politic and Corporate, Plaintiff Vs. JAY ERIC LYTLE; JANE DOE; et. al., To: JANE DOE Take notice that a pleading seeking relief against you has been filed in the above- entitled action. The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property as described in the Buncombe County tax records as PIN: 9688-97- 4227-00000 (formerly PIN: 9688-97-3220-00000) and being approximately 1.00 acre as shown on a survey of the Property of Gladys Reed by S. V. Grif- fith, R.L.S., dated Novem- ber 1980, revised August 1981 and is set forth in Deed Book 2031, Page 601, Buncombe County, North Carolina Registry. You are required to make defense to such pleading not later than September 28, 2010 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.


This, the 16th day of August, 2010.


John C. Frue Attorney for Plaintiff 20 Battery Park Ave, Ste 405 Asheville, NC 28801 (WL645) 8/19 8/26 9/2 9/9


NOTICE OF SERVICE OF PROCESS BY PUBLICATION


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE 10 CVD 02679


RACHAEL LEIGH APPLE- TON, Plaintiff, v. STUART ALAN APPLETON, Defendant. To: STUART ALAN APPLE- TON TAKE NOTICE that a plead- ing seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is as follows: A claim for Absolute Divorce has been filed in Buncombe County District Court, Asheville, North Carolina. You are required to make defense to such plead- ing not later than the 4th day of October, 2010 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.


This the 16th day of August, 2010.


Christopher M. Craig Attorney for Plaintiff OF COUNSEL: Craig Associates, PC 2 Wall Street, Ste. 101 Asheville, North Carolina 28801 Telephone: (828) 258-2888 Facsimile: (866) 846-3492 (WL646) 8/19 8/26 9/2 9/9


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