LEG S cont... AL
Legals cont...
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 30, 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 (WL674) 9/9 9/16
2172 / 10-SP-871 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 Nicholas J. Martinelli and Vincenzo Gatto and Pilar Casero and Carson Turner, dated November 14, 2005 and recorded on November 18, 2005, in Book No. 4139, at Page 1236 in the Office of the Register of Deeds of Buncombe County, North
SUBSTITUTE TRUSTEE’S
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 21, 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 3 as shown on that plat entitled “Edward M. Walcoff” recorded in Plat Book 105, at Page 22 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 that certain easement for Lot 3 located on adja- cent Lot 4 as shown on that plat recorded in Plat Book 101, at Page 22 of the Buncombe County, NC Register’s Office. Together with and subject to those certain easements entitled Easement for Lot 2, Easement for Lot 4 and that portion of Easement for Lot 5 as located on the above described Lot 3 and as shown on that plat recorded in Plat Book 101, at Page 22 of the Buncombe County, NC Register’s Office. And being a portion of that property described in deed recorded in Book 3211, at Page 129 of the Buncombe County, NC Register’s Office. Address of property: 6 Gabrielle Lane, Asheville, NC 28805 Present Record Owners: Nicholas J. Martinelli, Pilar Casero and all unknown, minor and incompetent heirs of Vincenzo Gatto 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
www.leicesterleader.com
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 30, 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 (WL675) 9/9 9/16
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 Gloria Richard- son and Casey Richardson and Zachary Lewis, dated May 6, 2005 and recorded on May 9, 2005, in Book No. 4010, at Page 163 in the Office of the Register of Deeds of Buncombe County, North Carolina; and because of default in the payment of the indebted- ness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Buncombe County Court- house, Asheville, North Carolina on September 21, 2010 at 10:00 AM that parcel of land, including 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 10 of Meadow Views Estate as shown on that plat recorded in Plat Book 38, at Page 106 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 restrictive covenants of record, including but not limited to those recorded in Book 2326, at Page 459, and all amendments thereto, of the Buncombe County, NC Register’s Office. Together With and Subject To the benefits and burdens of that Amendment to Ease- ment for Waterline recorded in Book 1926, at Page 275 of the Buncombe County, NC Register’s Office. Together With and Subject To those easements and rights of way shown on the above-referenced Plat. And being all of that prop- erty described in deed recorded in Book 1882, at Page 548 of the Buncombe County, NC Register’s Office. Address of property: 168 Blossom Ridge, Leic- ester, NC 28748 Present Record Owners: Gloria Richardson and Casey Richardson and Zachary Lewis 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
SUBSTITUTE TRUSTEE’S
10-SP-1044 NOTICE OF
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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 30, 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 (WL676) 9/9 9/16
FORECLOSURE SALE OF REAL PROPERTY
UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Gary C. McDowell and Carol B. McDowell, dated October 31, 2002 and recorded on January 6, 2003, in Book No. 3050, at Page 604 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
SUBSTITUTE TRUSTEE’S
10-SP-1068 NOTICE OF
3518
Buncombe County Court- house, Asheville, North Carolina on September 21, 2010 at 10:00 AM that parcel of land, including 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 that same property described in that Warranty Deed dated June 5, 1987 from Harris E. Blaylock and wife, Jean G. Blaylock, Grantors to John R. Barnes and wife, Alice Marie Barnes, Grantees, and recorded in the Office of the Register of Deeds for Buncombe County, North Carolina on June 5, 1987 at 2:57 p.m. in Deed Book 1477 at Page 659, refer- ence to which is hereby made for a more particular description. Address of property: 43 Crowder Road, Leices- ter, NC 28748 Present Record Owners: Gary C. McDowell and Carol B. McDowell 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 30, 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 (WL677) 9/9 9/16
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 Raymond J Kulwiec, dated April 28, 2006 and recorded on May 1, 2006, in Book No. 4216, at Page 112 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 21, 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 in the southwesterly margin of Glendale Avenue, said pin being the easternmost corner of Lot 1B shown on plat recorded in Plat Book 198, Page 144B; thence with said margin of Glendale Avenue South 39° 06’ 00” East 100.00 feet to an iron pin, corner of the property of Edward House described in Deed Book 1294, Page 432, said House tract also being Lot 2 of Block B shown on plat recorded in Plat Book 5, Page 12; thence with the House line South 36° 30’ 00” West 187.78 feet to an iron pin in the margin of the right of way of southern Railway; thence with the southern Railway margin North 52° 30’ 00” West 99.50 feet to a point, the southern corner of Lot 1B above described; thence with the margin of said Lot 1B North 37° 12’ 49” East (passing through an iron pin at 5.89 feet) 210.93 feet to the point and place of Beginning, containing 0.450 acres, more or less and being more particularly shown on that certain plat or map entitled “Thomas J. Buckner & Susan B. Buck- ner & Angela Montgomery” date June 3, 1998 and pre- pared by J. Glenn Baynes, R.L.S. as Map 8-4661, ref- erence to which is hereby made for a more particular description, said survey incorporated herein for a more particular description of said property. And being all of that prop- erty described in deed recorded in Book 3805, at Page 628 of the Buncombe County, NC Register’s Office. Address of property: 97 Glendale Avenue, Asheville, NC 28803 Present Record Owners: Raymond Joseph Kulwiec a/k/a Raymond J. Kulwiec 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,
SUBSTITUTE TRUSTEE’S
10-SP-1029 NOTICE OF
820
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 30, 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 (WL678) 9/9 9/16
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 Larry F. Free- man and Donna J. Freeman, dated December 20, 2006 and recorded on December 27, 2006, in Book No. 4338, at Page 1224 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-
SUBSTITUTE TRUSTEE’S
10-SP-1051 NOTICE OF
1305
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 21, 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 pipe in the southern margin of Rosscraggon Road, said pipe being located South 65 degrees 47’ East 15 feet from the intersection of said margin of the right of way of said Road with the northwest margin of the right of way of Azalea Road (formerly Arden Road); and runs thence with the margin of the right of way of Ross- craggon Road, the following two calls; North 65 degrees 47’ West 96.3 feet, and North 50 degrees 20’ West 131.7 feet to a pipe; thence South 51 degrees West 75.7 feet to a hub; thence South 62 degrees 07’ West 19.55 feet to a pipe; thence South 51 degrees 20’ East 212.9 feet to an iron pipe in Azalea Road; thence North 56 degrees 08’ East 116.3 feet to the point of Begin- ning. And being all of that prop- erty described in deed recorded in Book 2095, at Page 369 of the Buncombe County, NC Register’s Office. Address of property: 219 Rosscraggon Road, Asheville, NC 28803 Present Record Owners: Larry F. Freeman and Donna J. Freeman a/k/a Donna B. Freeman 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 30, 2010
Posted: Witness:
Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C. Substitute Trustee BY: David A. Simpson, Attorney 7804 Fairview Road, #225 Charlotte, NC 28226-4998 (704) 619-6551
(WL679) 9/9 9/16 NOTICE OF
NORTH CAROLINA, BUNCOMBE COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by RALPH STEPHEN MCMAHAN JR, unmarried to WILLIAM R ECHOLS, Trustee(s), which was dated October 27, 2006 and recorded on October 27, 2006 in Book 4307 at Page 1808, 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 20, 2010 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in Buncombe County, North Carolina, to wit: BEING all of TRACT A as shown on a survey for Ralph Steven McMahan, Jr. recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Plat Book 100 at Page 172; reference to which is hereby made for a more particular
10 SP 330
FORECLOSURE SALE
description. ALSO BEING a portion of that prop- erty described in Deed Book 4104 at Page 1854, Buncombe County Regis- try. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 45 Frances Street, Asheville, NC 28806. 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 per- sonal checks) of five per- cent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expira- tion of the statutory upset bid period, all the remain- ing amounts are immedi- ately due and owing. Said property to be offered pur- suant 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 Ralph Stephen McMa- han, Jr.. 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 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. Brock & Scott, PLLC Substi- tute Trustee 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.: 10-04105-FC01 ASAP# 3718696 (WL680) 9/9 9/16
Genie Orr
NMLS ID# 115774 Mortgage Consultant
Executive Park I, Suite 216 - Asheville, NC Your Home Town Mortgage Consultant
Offi ce: 828-258-1290 or 800-332-5590 Fax: 828-258-1277 • Cell: 828-231-1456
Email:
genieo@cunninghammortgage.com www.cunninghammortgage.com/user/genieo
September 9 - September 15, 2010 - THE TRIBUNE/LEADER 25
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