L AS cn.. EG L o t.


Legals cont...


FORECLOSURE SALE OF REAL PROPERTY 10 SP 776


Under and by virtue of the power and authority con- tained in that certain Deed of Trust, dated December 7, 2007, and recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4497 at Page 1514, and because of default having been made in the payment of the indebted- ness secured by said Deed of Trust and failure to do and perform the stipula- tions and agreements therein contained, and pursuant to demand of the Owner and Holder of the indebtedness secured by said Deed of Trust, the Substitute Trustee, Seth Mullinax, will expose for sale at public auction to the highest bidder for cash the property therein described, to wit: See attached Exhibit A incorporated herein by ref- erence. Present Record Owner: Steven Epson The terms of said sale are that the real property here- inbefore described will be sold for cash to the highest bidder and that the under- signed may 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 certified check at the time the Sub- stitute Trustee 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 purchase price bid, the bidder shall remain liable as provided in N.C.G.S. § 45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid. The real property described in the attached Exhibit “A” will be sold subject to any and all superior liens, including taxes, special assessments, rightofways, and restrictions of record. The property, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty. The Owner and Holder of the Note and Deed of Trust reserves the right to with- draw this Notice of Sale, without cause, until the date and time of final trans- fer of the property. The sale will be held open for ten (10) days for upset bids as by law required. Date and hour of sale: September 8, 2010 at 11:00 a.m. Place of sale: Buncombe County Court- house Steps, Asheville, North Carolina.


This the 4th day of August, 2010.


By: /s/Seth Mullinax Seth Mullinax Substitute Trustee 450 Windswept Ridge Rd. Canton, NC 28716 POSTED BY:/s/APH DATE: 8/4/10 EXHIBIT “A” LYING IN THE CITY OF ASHEVILLE, BUNCOMBE COUNTY, NORTH CARO- LINA: BEING all of Unit 221, of The Beaucatcher House, as described in that Dec- laration of Condominium for Beaucatcher House, a Condominium (the “Decla- ration”) recorded in Book 4491 at Page 859 of the Buncombe County, North Carolina Register of Deeds Office (the “Registry”), said Condominium shown on a plat entitled “Beaucatcher Condominiums,


recorded in Plat Book 114 at Page 133, and said Unit shown in Condominium File 962-972, of the Registry,


LLC”


SUBSTITUTE TRUSTEE’S


NOTICE OF


reference to which Declara- tion, Plat and Condominium File is hereby made for a more particular description of said Unit. TOGETHER WITH the ben- efits of, AND SUBJECT TO the burdens of, the Decla- ration. (WL651) 8/26 9/2


2731 / 10-SP-955 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 Jarom K. Reed and Lisa Presnell Reed, dated December 7, 2006 and recorded on December 11, 2006, in Book No. 4330, at Page 74 in the Office of the Register of Deeds of Buncombe County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipu- lations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Sub- stitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Buncombe County Courthouse, Asheville, North Carolina on Septem- ber 7, 2010 at 10:00 AM that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Candler, County of Buncombe, State of North Carolina, and being more particularly described as follows: BEING ALL OF LOT NUMBER “D”, HOLLY HILLS SUBDIVISION, as per plat thereof recorded at Plat Book 96, at Page 198. And being a portion of the property conveyed to P.O.P. Land Investors, LLC by a deed dated March 3, 2005 and recorded in Book 3941, at Page 664. reference to said instruments, on file at the Buncombe County Reg- istry, is hereby made for a more perfect description of said lot. Together with that certain 2006 CMH manufac- tured home with Serial #


described on said property listed above. Address of property: 8 Toms Road, Candler, NC 28715 Present Record Owners: Jarom K. Reed and Lisa Presnell Reed 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


www.weavervilletribune.com CLH031880TNAB


SUBSTITUTE TRUSTEE’S


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 16, 2010


Posted: Witness: Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C. Substitute Trustee (WL652) 8/26 9/2


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 Donald W. Jones and Jo Ann W. Jones, dated May 2, 2003 and recorded on May 5, 2003, in Book No. 3198, at Page 750 in the Office of the Register of Deeds of Buncombe County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipu- lations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Sub- stitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Buncombe County Courthouse, Asheville, North Carolina on Septem- ber 7, 2010 at 10:00 AM that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Asheville, County of Buncombe, State of North Carolina, and being more particularly described as follows: Being all of Lot 5 as shown on a plat of Hazelwood Subdivision in Plat Book 50, Page 150, in the Office of the Register of Deeds for Buncombe County, North Carolina. A.P.N. #: 9639-1422-6059 Address of property: 17 Hazelwood Street, Asheville, NC 28806 Present Record Owners: Donald W. Jones 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


SUBSTITUTE TRUSTEE’S


10-SP-917 NOTICE OF


2606


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 16, 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 (WL653) 8/26 9/2


Public Notice


In accordance with the provisions outlined in the Town of Woodfin’s Code of Ordinance let it hereby be known to all interested par- ties that an application has been made to the Board of Planning and Zoning for a conditional use permit for a temporary religious facility located at 456 Weaverville Road . The property in question is zoned Commu- nity-Shopping (C-S) and the Land Use Ordinance of the Town of Woodfin allows for such uses as a condi- tional use in this district. Any interested person may address the Planning and Zoning Board on this issue at a public hearing to be held on Monday, Septem- ber 13, 2010 at 6:30 PM at the Woodfin Town Hall Inquiries into this matter should be directed to the Town Administrator at 253- 4887 or at jasonyoung@ woodfin-nc.gov. (WL654) 8/26 9/2


North Buncombe


Soccer field receives grants for improvements


The soccer fields near Karpen Doors will get a facelift. Buncombe County, through its


Parks, Greenways and Recreation Services division, has contracted McGill & Associates to renovate the Karpen Soccer Fields on Reems Creek Road in Weaverville. Te park will close Wednesday (Sept. 1) and reopen next spring with all the updates. Te park has suffered from per- sistent erosion and poor drainage


issues that have made the soccer fields a muddy mess after a rain. Te renovations will require that the entire park be raised, graded and then a drainage system will be installed under the soccer fields. Te soccer fields will then have a sod layer installed and grass will be planted over the rest of the affected area. In addition to the drainage


Madison County


JAM program readies to rock out


Parents of fourth- through sixth-


grade students in the area can sign their children up for the Junior Ap- palachian Musicians Program avail- able through the Madison County Arts Council. Te purpose of JAM is to assist


students in identifying and ap- preciating their mountain heritage through first-hand experiences with the musical traditions of the region.


JAM will be offering traditional


music lessons on stringed instru- ments and traditional mountain clogging. Te classes will take place during the week after school at Te Madison County Arts Council on Main Street in downtown Mar- shall. Classes in old-time banjo, fiddle,


guitar, clogging and stringband be- gin Sept. 16 and end Dec. 9. Classes take place from 3:45 pm


to 5 pm every Tursday. Tuition is based on $5 per class,


so 12-week classes are $60. Te stu- dent and a parent/guardian must attend an orientation meeting prior to enrollment. Tuition is due by the first class. Payment schedules may be arranged. Needs-based scholarships are also available. Call 828-649-1301 for more details.


Tis special to the Tribune. August 26 - September 1, 2010 - THE TRIBUNE 21


renovations, BCPG&R will also be making much needed improve- ments to the parking area and will build a walking trail around the soccer fields. For more information, contact


Lucy Crown at 250-4260. Progress information will be posted on the Web site at buncombecounty.org.


Tis special to the Tribune.


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