Asheville/Weaverville 277-1760 Hendersonville 697 - 2932
To Advertise: To Advertise:
Asheville/Weaverville 277-1760 Hendersonville 697-2932
Legals
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 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
COURT OF JUSTICE SUPERIOR COURT DIVISION
IN THE GENERAL CREDITORS AND
COUNTY OF BUNCOMBE NOTICE TO
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 CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Execu- trix of the Estate of Jack David Moody, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the under- signed on or before the 19th day of November, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.
This the 12th day of August, 2010
Barbara Higdon Moody, Executrix Estate of Jack David Moody 418 Kyfields Weaverville, NC 28787 (WCN657) 8/12 8/19 8/26 9/2
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
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Execu- trix of the Estate of Alice McBryde
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 26th 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 26th day of August, 2010
Mary Neilson Coppedge Morris, Executrix Estate of Alice McBryde Coppedge 9380 Old Johns Road Laurinburg, NC 28352 (WCN659) 8/26 9/2 9/9 9/16
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Execu- trix of the Estate of Betty B. Roberts, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 26th 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 26th day of August, 2010
Elizabeth Denise Caldwell, Executrix Estate of Betty B. Roberts 4 Brandon Lane Weaverville, NC 28787 (WCN660) 8/26 9/2 9/9 9/16
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Execu- tor of the Estate of Rexford D. Eichler, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 26th 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 26th day of August, 2010
David Eichler, Executor Estate of Rexford D. Eichler 134 Terrace Drive Weaverville, NC 28787 (WCN661) 8/26 9/2 9/9 9/16
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Execu- trix of the Estate of Robert K. Rector, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned
20 THE TRIBUNE - August 26 - September 1, 2010 Coppedge,
on or before the 26th 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 26th day of August, 2010
Debra Ogle aka Debra L. Ogle, Executrix Estate of Robert K. Rector 9 Cedar Trail Asheville, NC 28803 (WCN662) 8/26 9/2 9/9 9/16
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Executor of the Estate of Mona Lee Shelton Flynn, 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 26th 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 26th day of August, 2010
Ricky Flynn, Executor Estate of Mona Lee Shelton Flynn 300 Shepherd Way Burnsville, NC 28714 (WCN663) 8/26 9/2 9/9 9/16
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Adminis- trator of the Estate of Debra Jane Gaddy, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 26th 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 26th day of August, 2010
Jerry Gaddy, Administrator Estate of Debra Jane Gaddy c/o William A. Barnes, Jr, Attorney Post Office Box 1123 Weaverville, NC 28787 ((WCN664) 8/26 9/2 9/9 9/16
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
T I U E L AS RB N EG L
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
AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S
FORECLOSURE SALE OF REAL PROPERTY
UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Manuel C. De La Vega, dated December 29, 2006 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on January 9, 2007, in Book 4344 at Page 1061; 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, September 7, 2010, that parcel of land, including improvements thereon, situated, lying and being in the City of Arden, County of Buncombe, State of North Carolina, and being more particularly described as follows: LYING AND BEING IN BUN- COMBE COUNTY, NORTH CAROLINA BEING ALL OF LOT 3 AS SHOWN ON A PLAT OF HADLEY PARK, WHICH PLAT IS RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR BUN- COMBE COUNTY IN PLAT BOOK 96, AT PAGE 121, REFERENCE TO WHICH IS MADE FOR A MORE PAR- TICULAR DESCRIPTION OF SAID LOT AND BEING ALL OF THAT PROPERTY AS DESCRIBED IN IN DEED RECORDED IN BOOK 4273, AT PAGE 26, BUNCOMBE COUNTY REGISTRY Address of property: 8 Hadley Pkwy., Arden, NC 28704 Present Record Owners:
62.0001312 09-SP-1133
Manuel C. De La Vega 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 24, 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 (WL647) 8/26 9/2
STATE OF NORTH CAROLINA
COURT OF JUSTICE SUPERIOR COURT DIVISION
2009 SP 1062
IN THE MATTER OF THE FORECLOSURE OF THAT DEED OF TRUST RECORDED IN BOOK 4302, AT PAGE 548 ON October 17, 2006 ALTURA COMMUNITIES, LLC TO: BEST AND BEST, PLLC, AND STEPHEN C. WILKIE, SUB- STITUTE TRUSTEE NOTICE OF RE-SALE, FORECLOSURE Attention: YOU ARE HEREBY NOTIFIED THAT THE TRUSTEE UNDER THE ABOVE REFERENCED
IN THE GENERAL
COUNTY OF BUNCOMBE
DEED OF TRUST HAS INITI- ATED FORECLOSURE PRO- CEEDINGS. PURSUANT TO: THE PROCEDURE SET FORTH UNDER N.C.G.S. § 45-21; THE POWER OF SALE CONTAINED IN THE HEREIN REFERENCED DEED OF TRUST; AND THAT ORDER ALLOWING FORECLOSURE ISSUED BY THE CLERK OF SUPE- RIOR COURT FOR HEN- DERSON COUNTY, NORTH CAROLINA, THE ACTING TRUSTEE WILL SELL THE PROPERTY DESCRIBED HEREIN. (1) The particular real estate security interest being fore- closed is a Deed of Trust to Best and Best, PLLC (“Original Trustee”) in favor of F. Roger Page (“Lender” / “Beneficiary”) dated October 17, 2006, recorded on October 17, 2006 in Buncombe County Register of Deeds Trust Book 4302, at Page 548, securing an original principal amount of $5,500,000.00. A par- ticular description of the real property foreclosed is included in the herein referenced Deed of Trust, including any fixtures and personal property affixed thereto, less and except- ing any portions thereof released prior to the date of this Notice, and includ- ing any additional property pledged of record subse- quent to the filing of the original Deed of Trust ref- erenced herein. The record owner of the property, as reflected on the records of the Register of Deeds not more than Ten (10) days prior to this Notice is: Altura Communities, LLC. (2) The Sale referenced herein will be conducted at the main entrance (or such other customary location) of the BUNCOMBE county courthouse in Asheville, NC on September 8, 2010 at 10:30 am. (3) The property being sold hereunder is commonly known as 999 Good- man Rd., Woodfin, NC 28804, and is specifically described as: BEING ALL OF TRACT 2 as shown on that plat recorded in Plat Book 100, at Page 58 in the Office of the Register of Deeds for Buncombe County, reference to which is hereby made for a more particular description. ALSO BEING a portion of that property described in Deed Book 3887, at Page 637 in the Office of the Register of Deeds for Bun- combe County. SUBJECT TO AND TOGETHER WITH all ease- ments, rights of way, agreements and restric- tions of record holding a superior priority interest to the Deed of Trust recorded in Book 4302, at Page 548 in the Office of the Regis- ter of Deeds for Buncombe County. BEING that real property identified in that Deed of Trust recorded on October 17, 2006 in Book 4302, at Page 548 in the Office of the Register of Deeds for Buncombe County. This RESALE is being held due to the Debtor’s filing a Voluntary Petition under Chapter 11 of the United States Bankruptcy Code prior to the expiration of the Upset Bid period fol- lowing that Foreclosure Sale held on January 29, 2010. The Debtor’s Bank- ruptcy Case we dismissed by Order of the Unite States Bankruptcy Court for the Western District of North Carolina, Asheville Division on June 29, 2010 in Case No. 10-10140. (4) The property will be sold by the Acting Trustee to the highest bidder for CASH. The highest bidder will be required to make a CASH deposit with the Trustee at the time of the bid in an amount equal to Five percent (5%) of the bid or Seven Hundred Fifty and no/100s dollars ($750.00) which ever shall be greater. The sale will be subject to upset bids for ten (10) days following the sale as required under N.C.G.S. § 45-21.27. Fol- lowing the expiration of the upset bid period the remaining balance of the bid will be immediately due in cash. Any high bidder who shall fail to tender
the balance due upon the bid upon demand follow- ing the expiration of the Upset Bid period shall be personally liable on such bid in accordance with the terms set forth in N.C.G.S. § 45-20.30. (5) All bidders bid for the property AS IS on the date of the sale, subject to any and all outstanding taxes, liens, assessments and other encumbrances which hold a superior priority position to the instrument foreclosed herein. The property being sold is all that property identified in the above referenced Deed of Trust, and specifically described in “Exhibit A.” Absolutely no warranties are made as to the condi- tion, value or title of the property sold. The high- est bidder shall assume all risk of loss, deterioration and other casualty after the date of sale.
ders are advised to retain independent counsel to examine the title for the subject property. The property may be withdrawn from sale at any time prior to delivery of a Deed to the highest bidder. (6) In the event that the Acting Trustee shall be unable to convey title to the property for any reason, or if the sale is successfully contested for any reason, the sole remedy of the pur- chaser shall be the return of any deposit paid (without any accrued interest). (7) In the event that the property being sold here- under is a residential real property with less than 15 rental units, an order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser 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 pur- suant 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 landlord. The notice shall also state that upon termination of the rental agreement, the tenant is liable for the rent due under the rental agreement pro- rated to the effective date of the termination.
ISSUED August 11, 2010.
s/ Stephen C. Wilkie (SEAL) Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL648) 8/26 9/2
STATE OF NORTH CAROLINA
COURT OF JUSTICE DISTRICT COURT DIVISION
FILE NO.: 09 CVD 4643
COUNTY OF BUNCOMBE, A Body Politic and Corporate, Plaintiff, v. TINA M. CHASE a/k/a Tina Chase Pearson, Owner; CITIFINANCIAL MORTGAGE COMPANY, INC., f/k/a Associates Financial Services of America, Inc., Beneficiary; and WILLIAM WALT PETTIT, Substitute Trustee Defendants GENERAL NOTICE OF TAX FORECLOSURE SALE Under and by virtue of a Default Judgment of the Assistant Clerk of Court for Buncombe County, North Carolina, made and entered in the action enti- tled “County of Buncombe vs. Tina M. Chase, et al, et al,” the undersigned Com- missioner will, on the 8th day of September, 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,
IN THE GENERAL
COUNTY OF BUNCOMBE
All bid-
North Carolina, and is more particularly described in Exhibit “A” (PIN #: 9668- 75-5218; 63 Reddick Rd.) attached hereto. The sale will be held on the Bun- combe County Courthouse 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 10th day of August, 2010.
ROBERTS & STEVENS, P.A. _/s/Marjorie
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 9668-75-5218 (63 Reddick Rd.) BEING all of Lot #3 as shown on the Plat entitled “Survey for City’s Edge Mobile Home Subdivision,” prepared by Mitchell E. Effler, R.L.S. on June 30, 1988, and recorded in Plat Book 56 at Page 4, Bun- combe County Registry, and also BEING the same property conveyed to Tina M. Chase by Deed dated July 28, 1988 and recorded in Deed Book 1527 at Page 60, Buncombe County Registry. (WL649) 8/26 9/2
STATE OF NORTH CAROLINA
File No: 10 SP 920 NOTICE OF SALE
TAKE NOTICE THAT: Raintree Reality and Con- struction, Inc, Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as follows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Richard M. Laibson and Barbara J. Lai- bson, original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4500, at Page 874. The record owner of such property, as reflected on the records of the Reg- ister of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgag-
COUNTY OF BUNCOMBE
R.
ors, is: N/A The property will be sold by the Substitute Trustee at 10:00 a.m. on the 9th day of September, 2010 at the Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as 5 Longstreet Court, Buncombe County, Weav- erville, North Carolina and described as follows: Lying in Reems Creek Township, Buncombe County, North Carolina and being all of Lot 17 of Phase Three, Hamburg Mountain, as shown on a plat thereof recorded in the Office of the Register of Deeds for Buncombe County, North Carolina in Plat Book 114 at Page 22, reference to which is hereby made for a more particular description. Being a portion of the prop- erty described in the deed recorded in Buncombe County Deed Book 1567, at Page 622. Any property described in the Deed of Trust which is not being offered for sale is described as follows: Sub- ject to any and all Release Deeds of Record in the Buncombe County, North Carolina Registry. 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 with- draw 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. 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 the Federal Protecting Tenants at Fore- closure Act which became effective May 20, 2009.
THIS the 10th day of August, 2010.
SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. A. Robert York, President PO Box 8942 Asheville, NC 28814 (WL650) 8/26 9/2
An order for pos-
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