Asheville/Weaverville 277-1760 Hendersonville 697 - 2932


To Advertise: To Advertise:


Asheville/Weaverville 277-1760 Hendersonville 697-2932


Legals


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Alice McBryde


deceased, late of Bun- combe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 26th day of November, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.


This the 26th day of August, 2010


Mary Neilson Coppedge Morris, Executrix Estate of Alice McBryde Coppedge 9380 Old Johns Road Laurinburg, NC 28352 (WCN659) 8/26 9/2 9/9 9/16


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Betty B. Roberts, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 26th day of November, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.


This the 26th day of August, 2010


Elizabeth Denise Caldwell, Executrix Estate of Betty B. Roberts 4 Brandon Lane Weaverville, NC 28787 (WCN660) 8/26 9/2 9/9 9/16


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of Rexford D. Eichler, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 26th day of November, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corpo- rations indebted to said estate will make immediate payment.


This the 26th day of August, 2010


David Eichler, Executor Estate of Rexford D. Eichler 134 Terrace Drive Weaverville, NC 28787 (WCN661) 8/26 9/2 9/9 9/16


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- trix of the Estate of Robert K. Rector, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned 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.


Coppedge,


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


WHITACRE, Deceased NOTICE TO


www.leicesterleader.com


NORTH CAROLINA BUNCOMBE COUNTY


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


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 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


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Admin- istratrix of the Estate of Agatha June Brookshire, 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 17th 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 16th day of Sep- tember, 2010


Eleanor G. Murray, Admin- istratrix Estate of Agatha June Brookshire 31 Brookshire Road Leicester, NC 28748 (WCN672) 9/16 9/23 9/30 10/7


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Co- Administrators of the Estate of Mark Howard Wohl, 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 17th 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


COUNTY OF BUNCOMBE In Re Estate of


T I U E L AS RB N EG L payment.


This the 16th day of Sep- tember, 2010


Allison Wohl, Co-Admin- istrator Estate of Mark Howard Wohl 10 Jones Street, Apt. 1J New York, NY 10014 Steven Wohl, Co-Admin- istrator Estate of Mark Howard Wohl 927 Fergueson Road Chapel Hill, NC 27516 William T. Biggers Biggers & Associates, PLLC 79 Woodfin Place, Suite 211 Asheville, NC 28801 (WCN673) 9/16 9/23 9/30 10/7


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 17th day of December, 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 16th day of Sep- tember, 2010.


Gloria J. Harrell, Executor of the Estate of Mildred F. Neal. Heidi H. Stewart, Attorney PO Box 9871 Asheville, NC 28815


(WCN674) 9/16 9/23 9/30 10/7


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 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,


SUBSTITUTE TRUSTEE’S


at Page 22 of the Bun- combe County, NC Regis- ter’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 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


SUBSTITUTE TRUSTEE’S


10-SP-1044 NOTICE OF


3383


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 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 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


SUBSTITUTE TRUSTEE’S


10-SP-1068 NOTICE OF


3518


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,


SUBSTITUTE TRUSTEE’S


10-SP-1029 NOTICE OF


820


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, 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


September 16 - September 22, 2010 - THE TRIBUNE/LEADER 23


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