L AS cn.. EG L o t.


Legals cont...


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: 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 (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


File No: 10 SP 522


COUNTY OF BUNCOMBE


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 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


www.leicesterleader.com


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 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


10 SP 974 NOTICE OF


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


STATE OF NORTH CAROLINA


File No: 10 SP 436 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 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


COUNTY OF BUNCOMBE


assessments,


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 Misty Caldwell and Shane Caldwell, wife and husband, original mort- gagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4608, at Page 1790. 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) p.m. on the 1st day of October, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as 108 Shannon Lane, Leicester, NC 28748 and described as follows: Being all of Lot 21, Section I of Morning Star Estates as shown on that plat recorded in Plat Book 51, at Page 58 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 1507, at Page 657, in Book 1696, at Page 257, in Book 1753, at Page 650, in Book 2346, at Page 642, and all amendments thereto, of the Buncombe County, NC Register’s Office. Subject To the termina- tion of that 15 foot wide as same runs along the southern boundary of the above-described Lot 21, said termination recorded in that Amendment to Restrictive Covenants Agreement recorded in Book 1753, at Page 650 of the Buncombe County, NC Register’s Office. Together With and Subject To the benefits and bur- dens of that Confirmation of Driveway Easement and Agreement recorded in Book 4474, at Page 1167 of the Buncombe County, NC Register’s Office. And being all of that prop- erty described in deed recorded in Book 4521, at Page 1378 of the Bun- combe County, NC Regis- ter’s Office. 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 27th day of August, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL688) 9/23 9/30


STATE OF NORTH CAROLINA


File No: 10 SP 1008 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deeds of Trust described below, and by under and by virtue of the power of sale contained in such Deeds of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described prop- erty at public auction as follows: The instruments pursu- ant to which such sale will be held are those certain Deeds of Trust executed by Kevin Abercrombie and wife, Krystal Abercrombie a/k/a Kevin L. Abercrombie and wife, Krystal J. Aber- crombie, original mortgag- ors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4581, at Page 79 and Book 4581, at Page 92. 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) p.m. on the 1st day of October, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as 635 Vista Falls Road, Mills River, NC 28759 and described as follows: Being all of that property described in those certain Deeds of Trust recorded in Book 4581, at Page 79 and in Book 4581, at Page 92 of the Buncombe County, North Carolina Registry and said description is incorpo- rated herein by reference. Being all of Lot C-1, Phase Three of High Vista Falls as shown on that plat recorded in Plat Book 81, at Page 61 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 1186, at Page 113, and all amendments thereto, 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 as recorded in the Bun- combe County, NC Regis- ter’s Office. And being all of that prop- erty described in deed recorded in Book 4280, at Page 1733 of the Bun- combe County, NC Regis- ter’s Office.


COUNTY OF BUNCOMBE


Any property described in the Deeds 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 Deeds 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 Deeds 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 27th day of August, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL689) 9/23 9/30


STATE OF NORTH CAROLINA


COURT OF JUSTICE SUPERIOR COURT DIVISION


2010 SP 1088


IN THE MATTER OF THE FORECLOSURE OF THAT DEED OF TRUST RECORDED IN BOOK 4631, AT PAGE 156 ON DECEMBER 15, 2008 APRIL MICHELLE BANKS JOSEPH BANKS TO: SUSAN C. LEWIS AND STEPHEN C. WILKIE, SUB- STITUTE TRUSTEE NOTICE OF SALE, FORE- CLOSURE Attention: YOU ARE HEREBY NOTIFIED THAT THE TRUSTEE UNDER THE ABOVE REFERENCED DEED OF TRUST HAS INITI- ATED FORECLOSURE PRO- CEEDINGS. PURSUANT TO: THE PROCEDURE SET FORTH UNDER N.C.G.S. § 45-21; THE POWER OF SALE CONTAINED IN THE HEREIN REFERENCED DEED OF TRUST; AND


IN THE GENERAL


COUNTY OF BUNCOMBE


erty described in a Deed dated May 2, 2003 from Travis C. Reynolds and wife, Judy E. Reynolds, Grantors to Emmett Ramsey, Grantee and recorded May 2, 2003 10:50:40 am, in Book 3195 at Page 615 in the Office of the Buncombe County Reg- ister of Deeds. (4) The property will be sold by the Acting Trustee to the highest bidder for CASH. The highest bidder will be required to make a CASH deposit with the Trustee at the time of the bid in an amount equal


and runs thence South 6 deg. 15’ East 617.13 feet to the Southern boundary of the above-described tract of land, a common line of such tract and lands of Gary J. Edmonds and wife, Gayna W. Edmonds And being the same prop-


THAT ORDER ALLOWING FORECLOSURE ISSUED BY THE CLERK OF SUPE- RIOR COURT FOR BUN- COMBE COUNTY, NORTH CAROLINA, THE ACTING TRUSTEE WILL SELL THE PROPERTY DESCRIBED HEREIN. (1) The particular real estate security interest being foreclosed is a Deed of Trust to Susan C. Lewis (“Original Trustee”) in favor of Emmett Ramsey (“Lender” / “Beneficiary”) dated December 12, 2008, recorded on December 15, 2008 in Buncombe County Register of Deeds Trust Book 4631, at Page 156, securing an origi- nal principal amount of $195,000.00. A particular description of the real prop- erty foreclosed is included in the herein referenced Deed of Trust, including any fixtures and personal property affixed thereto, less and excepting any portions thereof released prior to the date of this Notice, and including any additional property pledged of record subsequent to the filing of the original Deed of Trust referenced herein. The record owner of the property, as reflected on the records of the Register of Deeds not more than Ten (10) days prior to this Notice is: April Michelle Banks, Joseph Banks. (2) The Sale referenced herein will be conducted at the main entrance (or such other customary location) of the buncombe county courthouse in Asheville, NC on October 4, 2010 at 11:00 am. (3) The property being sold hereunder is known as 29 Cassada Road, Marshall, NC 28748, and specifically described as: EXHIBIT A BEGINNING at an iron pin in a fence line, said iron pin being located South 6 deg. 15’ West 401.75 feet from the Southwest corner of a tract of land described in a deed recorded in Deed Book 624 at Page 392 in the Office of the Buncombe County Register of Deeds and runs thence South 83 deg. 45’ East 208.76 feet to a stake; thence South 6 deg. 15’ West 215.38 feet to a stake; thence North 83 deg. 45’ West 226.07 feet to an iron pin; thence North 6 deg. 15’ East 100 feet to an iron pin in a fence line, thence continuing with said fence line, North 73 deg. 10’ East 18.82 feet to a stake; thence North 6 deg. 15’ East 108 feet to an iron pin, the point of BEGIN- NING. Being that identical tract of land described in that deed recorded in Deed Book l072 at Page 412 in the aforesaid Register of Deeds Office. TOGETHER WITH AND SUBJECT TO a non-exclu- sive perpetual easement of right-of-way for pur- poses of ingress, egress and regress and utilities to be used in common by the Grantee, his heirs, successor and assigns, and Gary J. Edmonds and wife, Gayna W. Edmonds their heirs, successors and assigns, said easement being twenty (20) feet in width, the Western bound- ary of which is described as follows: BEGINNING at the South- west corner of that certain tract of land described in Deed Book 624 at Page 392 in the Office of the Register of Deeds of Buncombe County, North Carolina,


to Five percent (5%) of the bid or Seven Hundred Fifty and no/100s dollars ($750.00) which ever shall be greater. The sale will be subject to upset bids for ten (10) days following the sale as required under N.C.G.S. § 45-21.27. Fol- lowing the expiration of the upset bid period the remaining balance of the bid will be immediately due in cash. Any high bidder who shall fail to tender the balance due upon the bid upon demand follow- ing the expiration of the Upset Bid period shall be personally liable on such bid in accordance with the terms set forth in N.C.G.S. § 45-20.30. (5) All bidders bid for the property AS IS on the date of the sale, subject to any and all outstanding taxes, liens, assessments and other encumbrances which hold a superior priority position to the instrument foreclosed herein. The property being sold is all that property identified in the above referenced Deed of Trust, and specifically described in “Exhibit A.” Absolutely no warranties are made as to the condi- tion, value or title of the property sold.


est bidder shall assume all risk of loss, deterioration and other casualty after the date of sale.


ders are advised to retain independent counsel to examine the title for the subject property. The property may be withdrawn from sale at any time prior to delivery of a Deed to the highest bidder. (6) In the event that the Acting Trustee shall be unable to convey title to the property for any reason, or if the sale is successfully contested for any reason, the sole remedy of the pur- chaser shall be the return of any deposit paid (without any accrued interest). (7) IN the event that the property being sold here- under is a residential real property with less than 15 rental units, an order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser 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 pur- suant 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 landlord. The notice shall also state that upon termination of the rental agreement, the tenant is liable for the rent due under the rental agreement pro- rated to the effective date of the termination.


ISSUED September 8, 20010.


s/ Stephen C. Wilkie (SEAL) Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL690) 9/23 9/30


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 Zebulun Brown a/k/a Zebulun C. Brown and Shawna Brown, dated February 28, 2007 and recorded on March 1, 2007, in Book No. 4368, at Page 1337 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,


SUBSTITUTE TRUSTEE’S


10-SP-784 NOTICE OF


2017 All bid- The high-


to the highest bidder for cash at the usual place of sale at Buncombe County Courthouse, Asheville, North Carolina on October 5, 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: BEING all of that certain 0.08 acre tract as shown on a plat for Saving Grace Solutions, LLC, said plat being duly recorded in Plat Book 125 at Page 148, Buncombe County Regis- try, Reference to which is hereby made for a more particular description of said tract. ALSO BEING that same property described in Deed Book 3934 at Page 370, aforesaid registry. Subject to that Deed of Easement recorded on March 1, 2007 in Book 4368 at Page 1352. Address of property: 100 Buffalo Street, Asheville, NC 28806 Present Record Owners: Zebulun Brown a/k/a Zebu- lun C. Brown and Shawna Brown 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: September 13, 2010


Posted: Witness:


Continued on page 26


September 23 - September 29, 2010 - THE TRIBUNE/LEADER 25


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