LEG S cont... AL
Legals cont...
Dated: August 23, 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 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704) 442-9500 (WL659) 9/2 9/9
3133 / 10-SP-1013 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 Joseph H. Ward, III aka Joseph Hardy Ward, III and Linda E. Ward fka Linda Edwards Killian, dated July 12, 1999 and recorded on July 16, 1999, in Book No. 2135, at Page 447 in the Office of the Reg- ister 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 September 14, 2010 at 10:00 AM 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 LIME- STONE TOWNSHIP, BUN- COMBE COUNTY, NC BEING ALL OF LOT 3 AS SHOWN ON A PLAT OF GLENWOOD, WHICH SAID PLAT IS SHOWN ON A PLAT RECORDED IN PLAT BOOK 49, PAGE 77, BUNCOMBE COUNTY, NORTH CARO- LINA REGISTRY, REFER- ENCE TO WHICH SAID PLAT IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. Address of property: 6 Glenwood Circle, Arden, NC 28704 Present Record Owners: Linda E. Ward fka Linda Edwards Killian 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
SUBSTITUTE TRUSTEE’S
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 23, 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 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704) 697-5809 (WL660) 9/2 9/9
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 Joseph F. Carney, III and Lisa T Carney, dated December 6, 2006 and recorded on January 18, 2007, in Book No. 4348, at Page 1506 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, Courthouse Steps, North Carolina on Septem- ber 14, 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: BEGINNING AT AN EXIST- ING IRON PIN LOCATED SOUTH 03 DEG. 00 MIN. WEST 131 FEET FROM THE INTERSECTION OF HILL- SIDE STREET WITH NORTH LIBERTY STREET, SAID BEGINNING POINT ALSO THE SOUTHEASTERN CORNER OF THE WALTER T. BATTS, JR. PROPERTY DESCRIBED IN THE DEED RECORDED IN DEED BOOK 1377, AT PAGE 255, BUN- COMBE COUNTY REGIS- TRY; AND PROCEEDING FROM SAID BEGINNING POINT ALONG THE WEST- ERN MARGIN OF NORTH LIBERTY STREET, SOUTH 03 DEG. 00 MIN. WEST 150 FEET TO AN IRON PIN SET
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IN THE WESTERN MARGIN OF THE BRICK SIDEWALK OF NORTH LIBERTY STREET; THENCE NORTH 87 DEG. 18 MIN. 00 SEC. WEST 208 FEET TO AN IRON PIN SET IN THE EDGE OF THE CONCRETE SIDE- WALK ALONG THE EAST- ERN MARGIN OF CLAXTON PLACE; THENCE ALONG THE EASTERN MARGIN OF SAID CONCRETE SIDE- WALK NORTH 03 DEG. 00 MIN. EAST 150 FEET TO AN IRON PIN SET, SAID IRON PIN BEING LOCATED IN THE SOUTHWESTERN CORNER OF THE WILLIE B. CLEMMONS PROPERTY DESCRIBED IN DEED BOOK 1280, AT PAGE 221, BUN- COMBE COUNTY REGIS- TRY; THENCE, SOUTH 87 DEG. 18 MIN. 00 SEC. EAST 208 FEET TO THE POINT OF BEGINNING, CONTAINING .716 ACRES, MORE OR LESS, AS SHOWN ON THE SURVEY PREPARED FOR JOSEPH F. CARNEY, III AND WIFE LISA T. CARNEY, BY J. GLENN HAYNES, RLS, DATED JUNE 17, 1994, REFERENCE TO WHICH IS HEREBY MADE AND INCORPORATED HEREIN. ADDRESS: 90 N LIB- ERTY ST; ASHEVILLE, NC 288011830 TAX MAP OR PARCEL ID NO.: 9649.14- 44-4515.0000 Address of property: 90 North Liberty Street, Asheville, NC 28801 Present Record Owners: Joseph F. Carney, III and Lisa T Carney 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 23, 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 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704) 697-5809 (WL661) 9/2 9/9
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 Chad Calloway and Amanda Calloway, dated February 15, 2007 and recorded on February 16, 2007, in Book No. 4362, at Page 639 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 Court- house, Courthouse Steps, North Carolina on Septem- ber 14, 2010 at 10:00 AM that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Leicester, 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 2, con- taining 0.71 acres, more or less, as shown on that plat entitled “Survey for Hutchinson Builders, LLC” recorded in plat Book 115, at Page 92, Buncombe County Registry. AND BEING a portion of that property as described in deed recorded in Book 4112, at Page 1196 Bun- combe County Registry. Address of property: 40 Old Parham Road, Leic- ester, NC 28748 Present Record Owners: Chad Calloway and Amanda Calloway 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
24 THE TRIBUNE/LEADER - September 2- September 8, 2010
SUBSTITUTE TRUSTEE’S
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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 23, 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 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704) 697-5809 (WL662) 9/2 9/9
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 Christa Hall and Aaron Schultheis, dated December 7, 2007 and recorded on December 19, 2007, in Book No. 4502, at Page 201 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 14, 2010 at 10:00 AM that parcel of land, includ- ing improvements thereon, situated, lying and being in the City of Leicester, County of Buncombe, State of North Carolina, and being more particularly described as follows: BEING all of Lot 16 of Turkey Creek Farms as shown on that plat recorded in Plat Book 56, at Page 20 of the Buncombe County, NC Register’s Office; refer- ence to which plat is hereby made for a more particular description of said Lot. TOGETHER WITH AND SUBJECT TO those ease- ments and rights of way shown on the above refer- enced Plat. Address of property: 57 Gudger Road, Leicester, NC 28748 Present Record Owners: Christa Hall and Aaron Schultheis 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
SUBSTITUTE TRUSTEE’S
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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 23, 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 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704) 697-5809 (WL663) 9/2 9/9
FORECLOSURE SALE
NORTH CAROLINA, BUNCOMBE COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by JOHANNA SCHNEIDER, UNMARRIED to WILLIAM R ECHOLS, Trustee(s), which was dated July 27, 2007 and recorded on August 3, 2007 in Book 4445 at Page 267, Buncombe County Registry, North Carolina. Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evi- dencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and custom- ary location at the county
10 SP 905 NOTICE OF
courthouse for conducting the sale on September 13, 2010 at 10:30AM, and will sell to the highest bidder for cash the following described property situated in Buncombe County, North Carolina, to wit: BEING all of Unit 214 of the Grove at Appeldoorn Condominium, together with the undivided interest in the common ele- ments appurtenant thereto, shown on the plat recorded in Buncombe County Plat Book 100 at Page 102 and being more particularly described in the Declaration of Condominium recorded in Buncombe County Book 4135 at Page 1053, and being the same real prop- erty described in the deed recorded in Buncombe County Book 4145 at Page 1340. ALSO BEING that same property described in Deed Book 4204 at Page 1988, Buncombe County, North Carolina Register of Deeds Office, reference to which is hereby made for a more particular descrip- tion. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 214 Appeldoorn Circle, Asheville, NC 28803. Third party purchasers must pay the excise tax, and the court costs of Forty- Five Cents (45¢) per One Hundred Dol- lars ($100.00) pursuant to NCGS 7A-308(a)(1). A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dol- lars ($750.00), whichever is greater, will be required at the time of the sale. Fol- lowing the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relat- ing to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special
easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Johanna Schneider. 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 posses- sion 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’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement pro- rated to the effective date of the termination. 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 bank- ruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the valid- ity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Substitute Trustee Brock & Scott, PLLC By: Jeremy B. Wilkins, NCSB No. 32346 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No.: 10-14504-FC01 ASAP# 3707812 (WL664) 9/2 9/9
assessments,
FORECLOSURE SALE
NORTH CAROLINA, BUNCOMBE COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by PETER L RYALL AND MARY E RYALL, HUSBAND AND WIFE to WILLIAM R. ECHOLS, Trustee(s), which was dated January 25, 2008 and recorded on January 31, 2008 in Book 4517 at Page 1201, Buncombe County Registry, North Carolina. Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evi- dencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and custom- ary location at the county courthouse for conducting the sale on September 13, 2010 at 10:30AM, and will sell to the highest bidder for cash the following described property situated in Buncombe County, North Carolina, to wit: BEING all of Lot 5, Revised, contain- ing 1.00 acres, as shown on plat of the recombination of Lots 3, 4 and part of 5 and 6, Block 21, Section D, of Mount Royal, Plat Book 34, Page 131, recorded in the Office of the Register of Deed for Buncombe County, NC, in Plat Book 117, at Page 2, reference to which is hereby made for a more particular descrip- tion. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 83 Mount Royal Drive, Arden, NC 28704. Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hun- dred Dollars ($100.00) pur- suant to NCGS 7A-308(a)(1). A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dol- lars ($750.00), whichever is greater, will be required at the time of the sale. Fol- lowing the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relat- ing to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special
easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Peter L. Ryall and wife, Mary E. Ryall. An Order for posses- sion 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 agree- ment upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement pro- rated to the effective date of the termination. 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
assessments, 10 SP 904 NOTICE OF
such inability to convey include, but are not limited to, the filing of a bank- ruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the valid- ity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Substitute Trustee Brock & Scott, PLLC By: Jeremy B. Wilkins, NCSB No. 32346 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No.: 10-14440-FC01 ASAP# 3707821 (WL665) 9/2 9/9
FORECLOSURE SALE
NORTH CAROLINA, BUNCOMBE COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by STEVEN B McGUINNESS AND WIFE TINA M McGUINNESS to WILLIAM R ECHOLS, Trustee(s), which was dated January 26, 2006 and recorded on January 26, 2006 in Book 4171 at Page 590, Buncombe County Registry, North Carolina. Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evi- dencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and custom- ary location at the county courthouse for conducting the sale on September 13, 2010 at 10:30AM, and will sell to the highest bidder for cash the following described property situ- ated in Buncombe County, North Carolina, to wit: Description for a Deed of Trust between Steven B McGuinness and wife, Tina M McGuinness, Borrowers, to William R Echols, Trustee for Wells Fargo Bank, NA, Lender Dated January 26, 2006 TRACT 1: BEING all of Lot No.6 Block “G”, as laid down and shown on the Plat of Spring Hills, which said Plat is duly recorded in the office if the Register of Deeds for Buncombe County, North Carolina, in Plat Book 34 at Page 31, reference to which is hereby expressly made. Being the same property described and conveyed by Deed duly recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Deed Book 988 at Page 321, to which reference is hereby made. TRACT 2: BEING a triangular strip of land off the northern part of Lot No. 5, Block “G”, of Spring Hills Subdivision, which Plat is recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Plat Book 34 at Page 31, and more particularly described as follows: BEGINNING at a stake in the western margin of Pleasant Drive, at the eastern common corner of Lot Nos. 5 and 6 of said Block and Plat; and runs thence with the dividing line between said Lot Nos. 5 and 6, North 76º West 200 feet to a stake; thence South 15º 30’ West 20 feet to a stake; thence South 67º 45’ East 87.6 feet to a stake; thence North 87º 50’ East 124.8 feet to the place of BEGINNING. Being the same property described and conveyed by Deed duly recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Deed Book 1013 at Page 579, to which reference is hereby made. Tracts 1 and 2 described above are the same property described
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and conveyed by Deed duly recorded in the Office of the Register of Deeds for Bun- combe County, North Caro- lina, in Deed Book 2559 at Page 579, to which refer- ence is hereby made. This conveyance is expressly made SUBJECT TO the Restrictive Agreement for Section 1 of Spring Hills, which said Agreement is duly recorded in the office of the Register of Deeds for Buncombe County, North Carolina, in Deed Book 876 at Page 528, reference to which is hereby expressly made. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 111 Pleasant Drive, Black Mountain, NC 28711. Third party purchasers must pay the excise tax, and the court costs of Forty- Five Cents (45¢) per One Hundred Dol- lars ($100.00) pursuant to NCGS 7A-308(a)(1). A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dol- lars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. Said prop- erty to be offered pursu- ant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, envi- ronmental, health or safety conditions existing in, on, at, or relating to the prop- erty being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assess- ments, easements, rights of way, deeds of release, and any other encum- brances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/ are Steven B. McGuinness and wife, Tina M. McGuin- ness. An Order for posses- sion 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 agree- ment upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement pro- rated to the effective date of the termination. 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 bank- ruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the valid- ity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Substitute Trustee Brock & Scott, PLLC By:Jeremy B. Wilkins, NCSB No. 32346 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No.: 10-14542-FC01 ASAP# 3707824 (WL666) 9/2 9/9
FORECLOSURE SALE
NORTH CAROLINA, BUNCOMBE COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by CHRISTOPHER JOHN BUCKLEY AND TINA
www.weavervilletribune.com 10 SP 835 NOTICE OF
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