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 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 cor- porations 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


PAULINE WHITACRE, Deceased NOTICE TO


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 cor- porations 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


IN THE MATTER OF THE ESTATE OF


NORTH CAROLINA BUNCOMBE COUNTY


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


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


COUNTY OF BUNCOMBE In Re Estate of


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 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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Execu- tor of the Estate of William Randy Carter, 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 28th 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 23rd day of Sep- tember, 2010


Richard Ernest Carter, Executor Estate of William Randy Carter 13 Indian Lane Weaverville, NC 28787 (WCN675) 9/23 9/30 10/7 10/14


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Co- Administrator CTA of the Estate of Thomas Austin Holder, Jr, 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 28th 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 23rd day of Sep- tember, 2010


Linda Marie Holder, Co- Administrator Estate of Thomas Austin Holder, Jr 47 Elkmont Drive Asheville, NC 28804 Donald Eugene Holder, Co- Administrator Estate of Thomas Austin Holder, Jr 324 Cliffwood Drive Banner Elk, NC 28604 (WCN676) 9/23 9/30 10/7 10/14


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 Reg- ister of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgag- ors, 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 follows: 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 private 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


24 THE TRIBUNE/LEADER - September 23 - September 29, 2010


COUNTY OF BUNCOMBE


T I U E L AS RB N EG L


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 intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: An order for posses- sion of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the Clerk of Supe- rior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to 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 indebt- edness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of


10-SP-287


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 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 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


COUNTY OF BUNCOMBE


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:


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.


COUNTY OF BUNCOMBE


An order for pos-


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 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 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.


Continued on page 25


www.weavervilletribune.com


COUNTY OF BUNCOMBE


An order for pos-


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