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Asheville/Weaverville 277-1760 Hendersonville 697-2932


Legals


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Co- Executors of the Estate of Anton F. Felthaus, 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 undersigned on or before the 25th day of February, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 25th day of November, 2010


Anton K. Felthaus, Co- Executor Estate of Anton F. Felthaus 460 Rice Hope Dr. Mt. Pleasant, SC 29464 Thomas J. Felthaus, Co- Executor Estate of Anton F. Felthaus 228 O Henry Avenue PO Box 2277 Davidson, NC 28036 (WCN699) 11/25 12/2 12/9 12/16


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executor of the Estate of Dale A. Boggs, 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 undersigned on or before the 25th day of February, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 25th day of November, 2010


David Boggs, Executor Estate of Dale A. Boggs 268 Green Valley Road Leicester, NC 28748 (WCN700) 11/25 12/2 12/9 12/16


BEFORE THE CLERK FILE 10-E-001557


Jordan Thurlow Jack Deceased NOTICE TO


CREDITORS AND DEBTORS


Having qualified as Administrator of the Estate of Jordan Thur- low Jack, deceased, late of Buncombe County, North Caro- lina, this is to notify all person, firms and cor- porations having claims against the said Estate to present such claims to the undersigned on or before February 24, 2011, or this Notice will be pleased in the bar of their recovery. All per- sons indebted to said


IN THE MATTER OF THE ESTATE OF


NORTH CAROLINA BUNCOMBE COUNTY


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


This the 2nd day of December, 2010


Alan Morse Johnson, Administrator Estate of Mary Louise Johnson 76 Jump Cove Road Weaverville, NC 28787 (WCN703) 12/2 12/9 12/16 12/23


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executor of the Estate of Edward Francis Alberts, 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 14th day of


Estate will please make immediate payment.


This the 25th of Novem- ber, 2010.


Administrator, E. Griffin Jack Samples Estate of Jordan Thur- low Jack c/o Allen B. Koenig Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN701) 11/25 12/2 12/9 12/16


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE


NOTICE TO CREDITORS


Having qualified as Executor of the Estate of Alda Peek Boone, 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 24th day of February, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 25th day of November, 2010


Charles Kermit Cole, Executor Estate of Alda Peek Boone 20 South College Street Weaverville, NC 28787 (WCN702) 11/25 12/2 12/9 12/16


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Administrator of the Estate of Mary Louise Johnson, deceased, late of Buncombe County, North Carolina, this is to notify all per- sons, firms and corpo- rations having claims against said deceased to exhibit them to the undersigned on or before the 10th day of March, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


March, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 9th day of December, 2010


Dale Lee Alberts, Executor Estate of Edward Fran- cis Alberts 15 Dallas Street Asheville, NC 28806 (WCN704) 12/9 12/16 12/23 12/30


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executrix of the Estate of Anne Woodbury Hagan, 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 14th day of March, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 9th day of December, 2010


Sharon Hagan Atkin- son, Executrix Estate of Anne Wood- bury Hagan 6196 N. Knoll Place Hickory, NC 28601 (WCN705) 12/9 12/16 12/23 12/30


AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and author- ity contained in that certain Deed of Trust executed and delivered by Jason C. Fore and Melanie S. Fore, dated August 30, 2007 and recorded on August 30, 2007, in Book No. 4457, at Page 1 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 stipulations and agreements contained therein and, pursu- ant to demand of the holder of the indebt- edness 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 Courthouse, Asheville, North Caro- lina on December 21, 2010 at 10:00 AM that parcel of land, includ- ing


thereon, situated, lying and being in the City of Biltmore Lake, County of Buncombe, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 638 Welsh Partridge Circle, Biltmore Lake, NC 28715 Tax Parcel ID:


improvements 10-SP-1129 3760


179935 Present Owners:


Fore and Melanie S. Fore The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest 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 hereinabove 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 conditions 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 property for any reason, the sole remedy of the purchaser is the return of


sons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowl- edge 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 occu- pies 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 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 occu- pies the property pur- suant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Ten- ants at Foreclosure Act which became effective on May 20, 2009.


Dated: October 25, 2010


David A. Simpson, P.C., Substitute Trustee By: Rogers Townsend & Thomas, PC Attorneys for David A. Simpson, P.C., Substi-


24 THE TRIBUNE/LEADER - December 16 - December 22, 2010 the deposit. Rea- Jason C. Record


T I U E L AS RB N EG L


tute Trustee 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 704-442-9500 (WL762) 12/9 12/16


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 Robin Wilson and Vicki Wilson, dated June 24, 2003 and recorded on June 25, 2003, in Book No. 3267, at Page 21 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 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 high- est bidder for cash at the usual place of sale at Buncombe County Courthouse, Asheville, North Carolina on December 21, 2010 at 10:00 AM that parcel of land, including improve- ments thereon, situ- ated, lying and being in the City of Swannanoa, County of Buncombe, State of North Carolina, and being more partic- ularly described in the above referenced Deed of Trust. Address of property: 128 Mockingbird Road a/k/a 230 Doc Snyder Drive, Swannanoa, NC 28778 Tax Parcel ID: 0609-10-2377-00000 Present Owners:


Wilson and Vicki Wilson The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest 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 hereinabove 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 conditions 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 property for any reason, the sole remedy of the purchaser is the return of


sons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition


the deposit. Rea- R o b i n Record 10-SP-966 2832


prior to the sale and reinstatement of the loan without the knowl- edge 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 occu- pies 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 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 occu- pies the property pur- suant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Ten- ants at Foreclosure Act which became effective on May 20, 2009.


Dated: November 24, 2010


Posted: Witness: Assistant/ Deputy Clerk of Supe- rior Court David A. Simpson, P.C. Substitute Trustee (WL763) 12/9 12/16


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 Leslie Lin- coln Balassa and Ardila Pena Liney Yomary, dated June 28, 2006 and recorded on July 13, 2006, in Book No. 4252, at Page 1412 in the Office of the Reg- ister of Deeds of Bun- combe County, North Carolina; and because of default in the pay- ment of the indebted- ness 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 indebt- edness 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 Courthouse, Asheville, North Caro- lina on December 21, 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,


SUBSTITUTE TRUSTEE’S


10-SP-1222 NOTICE OF


3618


and being more partic- ularly described in the above referenced Deed of Trust. Address of property: 64 Bradley Street, Asheville, NC 28806 Tax Parcel ID: 9638-72-6243-00000 Present Owners:


coln Balassa and Ardila Pena Liney Yomary The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest 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 hereinabove 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 conditions 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 property for any reason, the sole remedy of the purchaser is the return of


sons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowl- edge 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 occu- pies 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 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 occu- pies the property pur- suant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Ten- ants at Foreclosure Act which became effective on May 20, 2009.


Dated: December 1, the deposit. Rea- Leslie Lin- Record 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., Substi- tute Trustee 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704) 697-5809 (WL764) 12/9 12/16


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 Scott Halleran, dated August 31, 2007 and recorded on August 31, 2007, in Book No. 4458, at Page 313 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 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 high- est bidder for cash at the usual place of sale at Buncombe County Courthouse, Asheville, North Carolina on December 28, 2010 at 10:00 AM that parcel of land, including improve- ments thereon, situ- ated, lying and being in the City of Asheville, County of Buncombe, State of North Carolina, and being more partic- ularly described in the above referenced Deed of Trust. Address of property: 75 Thompson Street Loft C, Asheville, NC 28803 Tax Parcel ID: 9648-70-7896-C000C Present Owners:


Halleran The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest 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 hereinabove 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 conditions will be announced at the sale. The sale will be held


S cot t Record


SUBSTITUTE TRUSTEE’S


10-SP-0924 NOTICE OF


1005


open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of


sons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowl- edge 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 agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agree- ment prorated to the effective date of the termination. Any person who occu- pies the property pur- suant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Ten- ants at Foreclosure Act which became effective on May 20, 2009.


Dated: November 1, 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., Substi- tute Trustee 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704) 697-5809 (WL769) 12/16 12/23


FORECLOSURE SALE OF REAL PROPERTY 10 SP 1546


Under and by virtue of the power and authority contained in that certain Deed of Trust, dated September 18, 2007, and recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4464 at Page 1567, and because of default having been made in the payment of the indebtedness secured by said Deed of Trust and failure to do and perform the stipu- lations and agreements therein contained, and pursuant to demand of


SUBSTITUTE TRUSTEE’S


NOTICE OF the deposit. Rea-


the Owner and Holder of the indebtedness secured by said Deed of Trust, the Substitute Trustee, Seth Mullinax, will expose for sale at public auction to the highest bidder for cash the property therein described, to wit: See attached Exhibit A incorporated herein by reference. Present Record Owner: Starview Builders, LLC The terms of said sale are that the real property hereinbefore described will be sold for cash to the high- est bidder and that the undersigned may require the success- ful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substi- tute Trustee tenders the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable as provided in N.C.G.S. § 45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid. The real property described in the attached Exhibit “A” will be sold subject to any and all superior liens, including taxes, special assessments, rightof- ways, and restrictions of record.


erty, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is” without war- ranty. The Owner and Holder of the Note and Deed of Trust reserves the right to withdraw this Notice of Sale, without cause, until the date and time of final transfer of the property. The sale will be held open for ten (10) days for upset bids as by law required. Date and hour of sale: December 30, 2010 at 11:00 a.m. Place of sale: Buncombe County Courthouse Steps, Asheville, North Caro- lina.


This the 30th day of November, 2010.


By: /s/Seth Mullinax Seth Mullinax Substitute Trustee 450 Windswept Ridge Rd. Canton, NC 28716 POSTED BY: /s/MM DATE: 11/30/10 EXHIBIT “A” BEGINNING at a point located at the southeast corner of the existing house, which point is also located the follow- ing two (2) calls from an existing iron rod with I.D. “NC L-4561 TN 2432”, Control Comer, NC Grid Coordinates N: 736,713.61’ (NAD 83), E: 945,574.63’ (NAD 83): (1) South 40° 06’ 04” East 530.29 feet (grid distance) and (2) North 41° 02’ 50”


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