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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- 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,
SUBSTITUTE TRUSTEE’S
10-SP-1051 NOTICE OF
1305
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
10 SP 330
FORECLOSURE SALE
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 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
STATE OF NORTH CAROLINA
File No: 10 SP 0077 NOTICE OF SALE
TAKE NOTICE THAT: Raintree Realty and Con- struction, Inc., Substitute Trustee, has begun pro- 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 Paul S. Brady and Melody L. Brady, original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4409, at Page 749. 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 12:30 p.m. on the 30th day of September, 2010 at the above named County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally known as North Coyote Springs Farm Road, Leicester, North Carolina, and is described as fol- lows: BEING all of Lot 6-B con- taining 2.394 acres as shown on a plat recorded in Plat Book 102, Page 111, Buncombe County Registry. TOGETHER with the right to go across that 45 foot pri- vate gravel road known as North Coyote Springs Farm Road as shown on Plat Book 76, Page 95, Book 78, Page 50, and Plat Book 82, Page 156, to the public road North Turkey Creek Road. THIS CONVEYANCE IS MADE SUBJECT TO AND TOGTHER WITH the rights of the owners of Lot 6-B, Plat Book 102, Page 111, to use jointly with the owners of Lot 6-A Plat Book 102, Page 111, a 30-foot right of way running from North Coyote Springs Farm Road across the southwestern portion of Lot 6-A onto Lot 6-B and then back to Lot 6-A. This joint road will be used in common by the owners of Lot 6-A and 6-B, and the owners shall share in the road maintenance expenses for that portion of the road used in common. The exact location of the road shall be determined by mutual agreement between the parties. Any property described in the Deed of Trust which is not being offered for sale is described as follows: N/A. 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
24 THE TRIBUNE/LEADER - September 16 - September 22, 2010
COUNTY OF BUNCOMBE
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 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 as Foreclosure Act which became effective May 20, 2009.
THIS the 26th day of August, 2010.
(WL681) 9/16 9/23 4328
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 Josiah D. Hyatt, dated January 12, 2009 and recorded on January 16, 2009, in Book No. 4638, at Page 1906 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 28, 2010 at 10:00 AM that parcel of land, including 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 a stake in the eastern margin of Chapel Street, which BEGINNING corner is 55 feet north of the intersection of the east margin of Chapel Street with the north margin of Dundee Street, and runs thence with the east margin of Chapel Street, North 23 degrees 15’ East 45 feet to a stake, the southwest corner of lot No. 1; thence with the south line of Lot No. 1, South 66 degrees 45’ East 50 feet to a stake, the southeast corner of Lot No. 1 and the northwest corner of Lot No. 15; thence with the west margin of Lot No. 15, South 23 degrees 15’ West 45 feet to a stake; thence North 66 degrees 45’ West 50 feet to the point of BEGINNING, and being the northern part of Lot No. 16 as shown on plat recorded in the Office of the Register of Deeds for Buncombe County, North Carolina in Deed Book 83, at Page 492. Address of property: 5 Dundee Street, Asheville, NC 28801 Present Record Owners: Josiah D. Hyatt 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
10-SP-287
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) 442-9500 (WL682) 9/16 9/23
STATE OF NORTH CAROLINA
File No: 10 SP 1019 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 Seabrook Properties, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4338, at Page 1386. 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
COUNTY OF BUNCOMBE
mortgagors, is: N/A The property will be sold by the Substitute Trustee at 12:00 noon on the 30th 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 Unit 222, The Residences at Biltmore and described as follows: BEING all of Unit No. 222 as shown on the Plans entitled “The Residences at Biltmore Condominium” recorded in Condominium and Unit Ownership File No. 813, in the Office of the Register of Deeds for Bun- combe County, North Caro- lina, reference to which is hereby made for a more particular description. TOGETHER with all rights and easements appur- tenant to said unit as specifically enumerated in the Declaration of Con- dominium recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4330, Page 1427 (the “Declaration”), and pursuant thereto, to mem- bership in The Residences at Biltmore Condominium Owners’ Association, Inc., a North Carolina nonprofit corporation. TOGETHER with and subject to the said Declaration and the Bylaws annexed thereto, which, with all attachments thereto, are incorporated herein s if set forth in their entirety, and which, by way of illustration, and not by way of limitation, provide: (1) for an interest in the Common Elements refer- enced therein; (2) for use and restriction of the use of the Unit for particular purposes only; (3) prop- erty rights of purchaser as a Unit Owner in and to the Residential Common Elements; (4) obligations and responsibility of the Grantee for regular monthly assessments and special assessments and special assessments and the effect of nonpayment thereof as set forth in the Declaration and in the Bylaws annexed thereto; (5) limitations upon the use of the Residential Common Elements; and (6) obligations of Grantee and the Association for maintenance asset out in the Bylaws. 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 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 31st 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 (WL683) 9/16 9/23
STATE OF NORTH CAROLINA
File No: 10 SP 1074 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 Robert C. Pike and Teresa L. Pike, original mortgagors, and recorded in the Office of the Bun- combe County Register of Deeds in Deed of Trust Book 4501, at Page 317. 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 12:00 noon on the 30th 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 33 Breezeway Drive, Asheville, North Carolina and described as follows: BEING a tract on Breeze- way Drive, Asheville, NC and being more particularly described as follows: BEING all of Tract One as described in a deed recorded in Deed Book 1364, at Page 779, of the Buncombe County, NC Registry, being a 1.54 acre tract as shown on an unre- corded plat entitled “prop- erty of Donald L. Groves”, prepared by Stephen T. Paul, dated May 8, 1996, and being more particu- larly described as follows: BEGINNING at an iron pin standing in the eastern margin of the right of way of Breezeway Drive at the northwest corner of the Charles D. Hopkins prop- erty as described in Deed Book 1343, at Page 199 of the Buncombe County, NC Registry; running thence with said margin of said drive along and with a curve to the left having a radius of 293.14 feet and an arc length of 53.37 feet and a chord bearing and distance of North 04 deg. 29 min. 18 sec. West 53.29 feet to a point; thence North 09 deg. 42 min. 05 sec. West 221.20 feet to an iron pin standing at the south- west corner of the Goulden property described in Deed Book 1505, at Page 457 of said registry; thence with the southern line of the Goulden property, North 86 deg. 13 min. 35 sec. East 214.20 feet to an iron pin standing in the east line of the tract described in Deed Book 1553, at Page 152 of said registry; thence South 19 deg. 10 min. 35
COUNTY OF BUNCOMBE
sec. East 300 feet to an iron pin standing at the Charles D. Hopkins tract northeast corner; thence with the Hopkins Northern line, South 89 deg. 35 min. 46 sec. West 270.84 feet to the point and place of BEGINNING. BEING all of that property conveyed to Robert C. Pike and Teresa L. Pike by deed recorded in Book 4016, at Page 888 of the Buncombe County, NC Registry. 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:
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 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 31st 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 (WL684) 9/16 9/23
STATE OF NORTH CAROLINA
File No: 10 SP 1073 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
COUNTY OF BUNCOMBE
An order for pos-
held is that certain Deed of Trust executed by The Pike Group, Inc., original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4667, at Page 1356. 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 12:00 noon on the 30th 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 Lot 1 and Lot 2 Shiloh Road, Buncombe County, North Carolina and described as follows: TRACT ONE: Being all of Lots 1 as shown on a Plat recorded in the Office of the Register of Deeds for Buncombe County, North Carolina in Plat Book 13, at Page 83, reference to which is hereby made for a more particular description of Lot. ALSO BEING a portion of the property described in a Deed recorded in Book 1893 at Page 236 of the aforesaid Registry. The above property being the same property more particularly described in Deed Book 4606, Page 1311, in the Office of the Register of Deeds for Buncombe County, North Carolina. TRACT TWO: Being all of Lots 2 as shown on a Plat recorded in the Office of the Register of Deeds for Buncombe County, North Carolina in Plat Book 13, at Page 83, reference to which is hereby made for a more particular description of Lot. ALSO BEING a portion of the property described in a Deed recorded in Book 1893 at Page 236 of the aforesaid Registry. The above property being the same property more particularly described in Deed Book 4606, Page 1311, in the Office of the Register of Deeds for Buncombe County, North Carolina. 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:
session of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the
An order for pos-
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