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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 (WL685) 9/16 9/23
STATE OF NORTH CAROLINA
SECOND NOTICE OF SALE
TAKE NOTICE THAT: Rain- tree Reality & Construction, Inc., Substitute Trustee, has begun proceedings 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 follows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Shire Properties, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in
File No: 10 SP 522
COUNTY OF BUNCOMBE
Deed of Trust Book 4439, at Page 1571. 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 Second Notice of Sale, if not the original mortgagors, is: N/A The property will be sold by the Substitute Trustee at 12:00 (Noon) p.m. on the 24th day of Septem- ber, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. The Notice of Sale previ- ously filed in this matter on June 30, 2010 was not properly published, there- fore, no valid sale took place as set forth therein. The real property to be sold is generally described as 220 Bowling Park Road, Asheville, NC 28803 and described as follows: BEING all of Unit No. 220 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 sub- ject to the said Declaration and the Bylaws annexed thereto, which, with all attachments thereto, are incorporated herein as if set forth in their entirety, and which, by way of illus- tration, and not by way of limitation, provide:1l) for an interest in the Common Ele- ments referenced therein; 2) for use and restriction of use of the Unit for particu- lar 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 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 main- tenance as set 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 Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009.
THIS the 1st day of August, 2010.
SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL686) 9/16 9/23
FORECLOSURE SALE
NORTH CAROLINA, BUNCOMBE COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by MARK J JOHNSON, unmarried to WILLIAM R ECHOLS, Trustee(s), which was dated November 3, 2006 and recorded on Novem- ber 3, 2006 in Book 4311 at Page 1950, 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, Lisa S. Campbell, having been substituted as Trustee in said Deed of Trust, and the holder of the note evi- dencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and custom- ary location at the county
10 SP 974 NOTICE OF
courthouse for conducting the sale on September 29, 2010 at 10:30AM, and will sell to the highest bidder for cash the following described property situated in Buncombe County, North Carolina, to wit: BEGINNIG at the Southwest corner of the property of Misty Mor- rison and Daniel Adams (Deed Book 3443, Page 739, Buncombe County Registry) and the center- line of Sluder Branch Road; thence South 37º 22’ 15” West 111.56 feet to a 5/8 inch rebar; thence North 49º 20’ 07” West 192.80 feet to a 5/8 inch rebar; thence North 40º 35’ 27” East 106.04 feet to a 5/8 inch rebar; thence North 46º 16’ 10” West 80.12 feet to an exist- ing iron pin; thence North 43º 09’ 11” East 191.04 feet to a #6 rebar; thence North 59º 05’ 03” East 215.58 feet to a 1/2 inch iron pipe; thence South 18º 15’ 06” West 281.00 feet to a 1-inch iron pipe; thence South 31º 51’ 11” West 132.06 feet to a #5 rebar; thence South 45º 37’ 19” East 62.88 feet to the point of BEGINNING. Containing 1.65 acres, and being a portion of that property described in deed recorded in Deed Book 2831, at Page 70, Buncombe County Reg- istry. The above description is from a survey by Alan B. Styles. PLS, L-2985, Land Surveyor, survey dated 10/05/06 for Clarence Dennie. Save and except any releases, deeds of release or prior convey- ances of record. Said prop- erty is commonly known as 285 Sluder Branch Road, Leicester, NC 28748. Third party purchasers must pay the excise tax, and the court costs of Forty- Five Cents (45¢) per One Hundred Dol- lars ($100.00) pursuant to NCGS 7A-308(a)(1). A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dol- lars ($750.00), whichever is greater, will be required at the time of the sale. Fol- lowing the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. Said property to be offered pursuant to this
Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relat- ing to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special
easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Mark J. Johnson. 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. Lisa S. Campbell, Attorney Substitute Trustee PO Box 4006 Wilmington, NC 28406 PHONE: 910-392- 4971 FAX: 910-392-8051 File No.: 10-17830-FC01 ASAP# 3731160 (WL687) 9/16 9/23
SHOPE FURNITURE 31 Main Street - Weaverville, NC
SALE IN
PROGRESS! and as always
Free
Delivery! HOURS:
8 - 5 Monday - Friday 8 - Noon Saturday
Scott Shope President
www.leicesterleader.com 828.645.3091 September 16 - September 22, 2010 - THE TRIBUNE/LEADER 25 assessments,
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