Asheville/Weaverville 277-1760 Hendersonville 697 - 2932


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Asheville/Weaverville 277-1760 Hendersonville 697-2932


Legals


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- 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 Sep- tember, 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


Coppedge, 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 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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Admin- istrator of the Estate of Millard Wade Robertson, deceased, late of Bun- combe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against said deceased to


exhibit them to the under- signed on or before the 9th day of December, 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 2nd day of Sep- tember, 2010


Thomas Wayne Robertson, Administrator Estate of Millard Wade Robertson 45 Spooks Branch Road Asheville, NC 28804 (WCN665) 9/2 9/9 9/16 9/23


BEFORE THE CLERK FILE 10E772


IN THE MATTER OF THE ESTATE OF PAULINE


CREDITORS AND DEBTORS


Having qualified as Per- sonal Representative of the Estate of PAULINE WHITACRE, 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 December 9th, 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 2nd day of Sep- tember, 2010.


Joyce Kwapien, Executrix Estate of Pauline Whitacre c/o Allen B. Koenig, Esquire Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN666) 9/2 9/9 9/16 9/23


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Admin- istratrix of the Estate of Eleanor Yates, 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 9th day of December, 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 2nd day of Sep- tember, 2010


Susan Elizabeth Yates, Administratrix Estate of Eleanor Yates 32 Glenview Road, #3 Arden, NC 28704 (WCN667) 9/2 9/9 9/16 9/23


STATE OF NORTH CAROLINE


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the estate of Ruby Lee Gambill Boone, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against the Estate of said deceased to exhibit them to the undersigned on or before December 9, 2010, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.


Dated this September 9, 2010.


Charles F. Boone, Executor c/o Norman C. Riddle, P.A. 5 Blueberry Ridge


WHITACRE, Deceased NOTICE TO


NORTH CAROLINA BUNCOMBE COUNTY


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


Asheville, NC 28804 (WCN668) 9/9 9/16 9/23 9/30


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the estate of Bernice J. Jung, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against the Estate of said deceased to exhibit them to the undersigned on or before December 9, 2010, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.


Dated this September 9, 2010.


Gary L. Jung, Executor c/o Norman C. Riddle, P.A. 5 Blueberry Ridge Asheville, NC 28804 (WCN669) 9/9 9/16 9/23 9/30


STATE OF NORTH CAROLINA


Bonnie J. Welch, 10 E 1194


Having qualified as executor of the estate of Bonnie J. Welch, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corporations having claims against Bonnie J. Welch or her estate to exhibit them to the undersigned on or before the 9th day of December, 2010, or this notice will be pleaded in bar of their recovery. All persons indebted to the deceased or her estate should make immediate payment.


This, the 9th day of Sep- tember, 2010


Doyle Clayton Gregory, Executor Estate of Bonnie J. Welch c/o Law Office of Cathie St. John-Ritzen, PLLC P.O. Box 6337 Asheville, NC 28816 (WCN670) 9/9 9/16 9/23 9/30


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Fannie M. Collin, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and cor- porations having claims against said deceased to exhibit them to the under- signed on or before the 9th day of December, 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 9th day of Septem- ber, 2010


Janice Slagle, Executrix Estate of Fannie M. Collin 320 Old Country Home Road Asheville, NC 28806 (WCN671) 9/9 9/16 9/23 9/30


STATE OF NORTH CAROLINA


File No: 10 SP 814 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 fol- lows: The instrument pursuant to which such sale will be


22 THE TRIBUNE/LEADER - September 9 - September 15, 2010


COUNTY OF BUNCOMBE


COUNTY OF BUNCOMBE In Re Estate of


T I U E L AS RB N EG L


held is that certain Deed of Trust executed by Fish or Cut Bait, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4202, at Page 1457. 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 15th 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 28 Yorktown Circle, Arden, NC and described as follows: BEING all of Lot 221 as shown on a plat of Phase III of Waightstill Mountain, LLC, which plat is recorded in the Office of the Regis- ter of Deeds for Buncombe County in Plat Book 92, at Page 151, reference to which is made for a more particular description of said Lot. This conveyance is made subject to that Declaration of Covenants, Conditions and Restrictions in Book 3436, at Page 103, as amended in Book 3671, at Page 648. 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 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. 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: 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 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 17th day of August, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND


CONSTRUCTION, INC. A. Robert York, President PO Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL655) 9/2 9/9


STATE OF NORTH CAROLINA


File No: 10 SP 813 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 Rich- ard R. Beauchemin, Jr. and Sandra M. Beauchemin, original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4482, at Page 551. 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 15th 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 12 Summit Street, Arden, NC and described as follows: BEING all of Lot 22, Block “G” as shown on a Plat of Mountain View, which Plat is duly recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Plat Book 32 at Page 144, reference to which is hereby made for a more particular description of said lot. 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 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. 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: An order for pos- 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


COUNTY OF BUNCOMBE


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 13th day of July, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. A. Robert York, President PO Box 8942 Asheville, NC 28814 Phone: 828-777-5250 Phone: 828-777-5250 (WL656) 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 Anna Florey, dated October 19, 2006 and recorded on October 24, 2006, in Book No. 4305, at Page 681 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 Asheville, County of Buncombe, State of North Carolina, and being more particularly described as follows: BEGINNING at an Iron Pin Set in the eastern margin of Marietta Street, said Pin being the southwest- ernmost corner of Lot 67 as shown on Plat Book 5 at Page 67 of the Buncombe County, NC Register’s Office (the “Registry”), thence leaving the right of way and running South 87 deg. 50 min. 17 sec. East 198.44 feet to an Iron Pin Found, thence South 00 deg. 07 min. 51 sec. West 84.44 feet to an Iron Pin Found; thence North 87 deg. 30 min. 00 sec. West 200 feet to an Iron Pin Found in the eastern margin of Marietta Street, thence running with the eastern margin of said right of way, North 01 deg. 15 min. 00 sec. East 83.20 feet to the point and place of BEGINNING, as shown on that Survey for “John H. Sutton” by Robert C. Watts, RLS L-2853, dated February 25, 1999, bearing file no. 99.017, reference to which Survey is hereby made for a more particular description. Together With and Sub- ject To a right of way for ingress, egress and regress and installation of utility services over, under and upon that unopened roadway lying adjacent to the southern boundary of the above-described prop- erty, running to Marietta Street, as said right of way is shown on that Survey for “John H. Sutton” by Robert C. Watts, RLS L-2853, dated February 25, 1999, bearing file no. 99.017, reference to which Survey is hereby made for a more particular description; said right of way to be main- tained in an all weather condition on an equal and pro rata basis with all other users thereof to the extent


09-SP-1555 3797


that they use the same. Together With and Subject To those easements and rights of way shown on the above-referenced Survey. And being portion of that property described in deed recorded in Book 2080 at Page 656 of the Buncombe County, NC Register’s Office. Address of property: 106 Marietta Street, Asheville, NC 28803 Present Record Owners: Anna Florey 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 10, 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 (WL657) 9/2 9/9


STATE OF NORTH CAROLINA


File No: 10 SP 657 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality and Con- struction, Inc, Substitute Trustee, has begun pro-


COUNTY OF BUNCOMBE


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 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 Crest Moun- tain Condominiums, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4342, at Page 699, as modified in Book 4589, at Page 926. 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 10:30 a.m. on the 15th day of September, 2010 at the Buncombe County Court- house door in the City of Asheville, North Carolina. The real property to be sold is generally described as 1.427 acres in the Crest Mountain Subdivision, Asheville, NC 28806 and described as follows: Being that certain tract of land containing 1.427 acres as shown on a survey entitled “Survey for Crest Mountain Condominiums: by Danny R. Tolar & Associ- ates, P.A., dated November 3, 2005, a copy of which survey is recorded in Plat Book 113 at Page 127 in the Buncombe County Reg- istry, reference to which is hereby made for a more particular description of the lot, together with the right of way over Chimney Crest Drive and Ben Lippen School Road (State Road No. 1358) as they affect the property. 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 Bun- combe County, North Caro- lina Registry, including, but not limited to release deed recorded in Book 4799, at Page 603 of the Buncombe County, North Carolina Public 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


An order for pos-


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 17th day of August, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL658) 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 Robin Wilson and Vicki Wilson, dated June 24, 2003 and recorded on June 25, 2003, in Book No. 3267, at Page 21 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 Swannanoa, County of Buncombe, State of North Carolina, and being more particularly described as follows: Beginning at a concrete right of way marker in the south margin of the right of way of I-40, said marker being the northeast corner of the K.R. Carney tract, described in Deed Book 1269 Page 819; thence with the margin of said I-40 right of way North 64 deg. 21 min. 21 sec. East 251.35 feet to another con- crete right of way marker; thence South 03 deg. 30 min. 00 sec. West 100 feet to an iron pin; thence South 64 deg. 21 min. 21 sec. West 251.35 feet to an iron pin in the Carney line; thence along and with said line North 03 deg. 30 min. East 100.00 feet to the point and place of beginning; containing .504 acres as shwon on survey prepared by J.G. for Robin L. Wilson and wife Vickie L. Wilson, Map B-4577, dated April 2, 1998. TOGETHER WITH a per- petual easement and right of way for ingress, egress and regress from the above described premises, in common with the adjoin- ing William F. Senn, et ux. lands over an existing 12 foot gravel roadway as set forth in deed recorded in Deed Book 681 page 567, to the public road. The said roadway to be for the common use and benefit of the parties hereto and their successors in title. IT IS UNDERSTOOD AND AGREED between the par- ties that the reasonable repair and upkeep of said roadway and the expense of same shall be borne by the users of same on a pro-


Continued on page 23


www.weavervilletribune.com


SUBSTITUTE TRUSTEE’S


10-SP-966 NOTICE OF


2832


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