L AS cn.. EG L o t.


Legals cont...


East 467.24 feet (grid distance); thence from said beginning point thus established, North 61° 04’ 14” West 50.30 feet to a point; thence North 28° 55’ 46” East 50.20 feet to a point; thence South 61° 04’ 14” East 50.30 feet to a point; thence South 28° 55’ 46” West 50.20 feet to the point and place of the BEGINNING; con- taining 0.058 acre as shown on a survey of 9743-66-1761 enti- tled “Recombination Survey of the Property of Branch Banking & Trust Co. and Starview Builders, LLC” by John Wesley Cole of West Cole Land Surveying, PA, dated May 25, 2009 with Project No. 09-010 (the “Lot 35 Survey”). BEING a portion of that property conveyed to Starview Builders, LLC by that deed dated September 18, 2007 and recorded in Book 4464 at Page 1565, Buncombe County Registry; further being that portion of “Lot 35” excepted from a conveyance to Branch Banking and Trust Company dated August 13, 2009 and recorded in Book 4775 at page 1076,


County Registry; said conveyed portion of “Lot 35” was released from the lien of deed of trust recorded in Book 4464 at page 1567 by Release Deed dated August 25, 2009 and recorded in Book 4773 at page 1774 of the aforesaid Registry. (WL770) 12/16 12/23


FORECLOSURE SALE OF REAL PROPERTY 10 SP 1547


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 1647, 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 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


SUBSTITUTE TRUSTEE’S


NOTICE OF Buncombe


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 point located at the south- west corner of an existing house, NC Grid Coordinates N: 736,474.90’ (NAD 83), E: 945,993.90’ (NAD 83), which point is also located the following two (2) calls from an existing iron rod with I.D. “NC L-4561 TN 2432”, Control Corner, with NC Grid Coordinates N: 736,713.61’ (NAD 83), E: 945,574.63’ (NAD 83): (1) South 40º 06’ 04” East 530.29 feet (grid distance) and (2) North 24º 57’ 24” East 184.10 feet (grid distance); thence from said beginning point thus established, North 51º 24’ 25” West 51.40 feet to a point; thence North 38º 35’ 35” East 33.00 feet to a point; thence South 51º 24’ 25” East 1.80 feet to a point; thence North 38º 35’ 35” East 15.50 feet to a point; thence South 51º 24’ 25” East 56.90 feet to a point; thence South 38º 35’ 35” West 23.10 feet to a point; thence South 51º 24’ 25” East 4.90 feet to a point; thence South 38º 35’ 35” West 13.00 feet to a point; thence North 51º 24’ 25” West 12.20 feet to a point; thence South 38º 35’ 35” West 12.40 feet to the point and place of the BEGIN- NING; containing 0.064 acre as shown on a survey of PIN 9743-56- 9478 entitled “Recom- bination Survey of the


www.leicesterleader.com The prop-


Property of Branch Banking & Trust Co. and Starview Builders, LLC” by John Wesley Cole of West Cole Land Survey- ing, PA, dated May 25, 2009 with Project No. 09-010 (the “Lot 31 Survey”). BEING a portion of that property conveyed to Starview Builders, LLC by that deed dated September 18, 2007 and recorded in Book 4464 at Page 1645, Buncombe County Registry; further being that portion of “Lot 31” excepted from a conveyance to Branch Banking and Trust Company dated August 13, 2009 and recorded in Book 4775 at page 1076,


County Registry; said conveyed portion of “Lot 31” was released from the lien of deed of trust recorded in Book 4464 at page 1647 by Release Deed dated April 9, 2010 and recorded in Book 4775 at page 1869 of the aforesaid Registry. (WL771) 12/16 12/23


FORECLOSURE SALE OF REAL PROPERTY 10 SP 1548


Under and by virtue of the power and authority contained in that certain Deed of Trust, dated November 5, 2007, and recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4484 at Page 1981, 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 stipula- tions and agreements therein contained, and pursuant to demand of 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: Loyd H. King and Chris- tina M. King 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


SUBSTITUTE TRUSTEE’S


NOTICE OF Buncombe


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” Lying and being in Avery Creek Township. Being all of Lot 22 as shown on a plat of Park South, Section 1, said plat being duly recorded in the Office of The Register of Deeds for Buncombe County, N.C, in Plat Book 42 at Page 195, reference to which is hereby made for a more particular description of said Lot. Being a portion of the property conveyed to Loyd H. King and wife, Christina M. King by deed dated July 27, 2001 and recorded in Book 2546 at page 794, Buncombe County Registry. (WL772) 12/16 12/23


STATE OF NORTH CAROLINA


SECOND AMENDED NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty and Construction,


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 Supe- rior Court of the above County, will sell the below described prop- erty at public auction as follows: 1. The instrument pur- suant to which such sale will be held is that certain Deed of Trust executed by Days Inn of Candler, Inc., origi- nal mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 3802, at Page 163. 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: Valu-Lodge of Green- ville, Inc., a Georgia corporation. 2. The property will be sold by the Substitute


Inc., File No: 10 SP 712


COUNTY OF BUNCOMBE


The prop-


Trustee at 2:00 p.m. on the 30th day of December, 2010 at the above named County Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is generally known as 2551 Smoky Park Highway, Can- dler, NC 28715, and is described as follows: BEGINNING at a two inch pipe located in the center of US Highway 19-23 in the South- western corner of that property conveyed to Haywood Oil Company, Inc. by deed recorded in Book 1517, Page 98 (Tract A) and from said point of beginning along the center line of US Highway 19-23 S. 77-13-35 W. 319.68 feet; thence continuing S. 78-04-00 W. 346.00 feet; thence leaving the center of said US High- way 19-23, N. 12-58- 51 W. 314.60 feet to the margin of I-40 right-of- way; thence N. 89-34- 50 E. 249.84 feet; thence S. 05-14-00 E. 40.00 feet; thence N. 89-36-00 E. 58.00 feet; thence N. 00-24-00 W. 25.00 feet; thence N. 89-34-31 E. 278.86 feet; thence S. 01-57- 33 W. 157.22 feet to the place of BEGINNING. SUBJECT TO public right-of-way of US High- way 19-23 extended in full legal width. BEING the same prop- erty described in a deed dated August 21, 2002 from SAS Investments, LLC to SHRI Enterprise, Inc. as recorded in Deed Book 2890, Pages 221- 222, Buncombe County Registry. Any property described in the Deed of Trust which is not being offered for sale is described as follows: None. 4. Any buildings located on the above-described property are also included in the sale. 5. 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 Hun- dred Fifty and no/100 Dollars ($750.00). 6. All bidders bid for the property AS IS on the date of sale. Absolutely no warranties are made as to the condition, value or title of the prop- erty. While the Substi- tute Trustee believes the title to be good, all bidders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests.


holder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. 7. The property will be sold subject to all unpaid taxes and spe- cial assessments. 8. The property being sold is all of that prop- erty 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. 9. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units:


The Note-


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 May 20, 2009. 10. Sale of Personal Property. All parties receiving this Notice are given notice that at the foreclosure sale, the below described personal property will be sold with the real property in a single sale for a single bid. The personal property to be sold is all of the inven- tory and equipment of Days Inn of Candler and Valu-Lodge of Greenville located at the property to be sold located on US 19-23 at the East Canton Exit. The sale is made pursu- ant to a Security Agree- ment between Days Inn of Candler, Inc. and Branch Banking and Trust Company grant- ing a security interest in all of the equipment and inventory for the Days Inn motel. As the real property, equip- ment and inventory are sold in a single sale, the accounting for the sale will be on the usual statement of final account in the foreclo- sure.


THIS the 2nd day of December, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: Rebecca R. York, Vice President P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL773) 12/16 12/23


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and author- ity contained in that certain Deed of Trust executed and deliv- ered by Dhansukhbh D Bhakta and Jaishree Bhakta, dated June 12, 2003 and recorded on June 18, 2003, in Book No. 3256, at Page 755 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


SUBSTITUTE TRUSTEE’S


10-SP-1325 NOTICE OF


4720


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 28, 2010 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Candler, County of Buncombe, State of North Carolina, and being more partic- ularly described in the above referenced Deed of Trust. Address of property: 768 N Morgan Branch Road, Candler, NC 28715 Tax Parcel ID: 8687-95-9183-00000 Present Owners:


sukhbh D Bhakta and Jaishree Bhakta 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


D ha n - Record


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


the deposit. Rea-


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 6, 2010


Posted: Witness: Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C. Substitute Trustee (WL774) 12/16 12/23


STATE OF NORTH CAROLINA


BEFORE THE CLERK FILE NUMBER 09 SP 1559


In the Matter of Charles Keyton Seagraves Name Change to Keyton Harper Sau- nooke Notice of Service of Process by Publication To: Respondent Charles Jeffrey Seagraves Take notice that a pleading seeking relief against you has been filed in the above- entitled action. The nature of the relief being sought is as follows: Petition for Name Change You are required to make defense to such pleading not later than the 25 th day of Janu- ary, 2010, and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


BUNCOMBE COUNTY


This the day of Decem- ber, 2010.


Johanna Finkelstein Attorney for Petitioner 185A Biltmore Ave. Asheville, NC 28801 (828) 250-9533 (WL775) 12/16 12/23 12/30


STATE OF NORTH CAROLINA


COURT OF JUSTICE DISTRICT COURT DIVISION


NOTICE OF SERVICE OF PROCESS BY PUBLICATION


Case Name: Garcia Binuelo v Miranda File No. 10 CVD 5529 To Aneli Martinez Miranda Take notice that plead- ings seeking relief against you have been filed in the above-enti- tled action, and hear- ing shall be Thursday February 3rd 2010 at 9:30 a.m. at the Bun- combe County Court- house. The nature of relief being sought is as follows: ENTRY OF A DOMESTIC VIOLENCE PROTECTIVE ORDER, PURSUANT TO N.C. GEN. STAT. § 50B. You are required to make defense to such plead- ing not later than Febru- ary 3, 2010 at 9:30a.m. and upon your failure to do so, the party seeking service against you will apply to the court for the relief sought.


This the 16th day of December, 2009.


Julie Klipp Attorney for Plaintiff Pisgah Legal Services PO Box 2276 Asheville, NC 28806 (828) 253-0406 (WL776) 12/16 12/23


10 CVD 5529 IN THE GENERAL


BUNCOMBE COUNTY


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December 16 - December 22, 2010 - THE TRIBUNE/LEADER 25


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