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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 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 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 Atkinson, Executrix Estate of Anne Wood- bury Hagan 6196 N. Knoll Place Hickory, NC 28601 (WCN705) 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 Evelyn C. Boyett, 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 23rd 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 23rd day of December, 2010


Diane R. Boyett, Execu- trix Estate of Evelyn C. Boyett PO Box 883 Weaverville, NC 28787 (WCN706) 12/23 12/30


1/6/11 1/13/11


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executor of the Estate of Donald E. Farr, 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 23rd 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 23rd day of December, 2010


Caylor Lane Farr Dill, Executor Estate of Donald E. Farr 92 High Plains Drive Hendersonville, NC 28792 (WCN707) 12/23 12/30 1/6/11 1/13/11


BEFORE THE CLERK FILE 10-E-001692


IN THE MATTER OF THE ESTATE OF


Raymond L. Fittro Deceased NOTICE TO


CREDITORS AND DEBTORS


Having qualified as Executrix of the Estate of Raymond L Fittro., deceased, late of Buncombe County, North Carolina, this is to notify all person, firms and corpora- tions having claims against the said Estate to present such claims to the undersigned on or before March 23, 2011, or this Notice will be pleased in the bar of their recovery. All per- sons indebted to said Estate will please make immediate payment.


This the 23rd of Decem- ber, 2010.


Executrix, Evelyn Fittro Estate of Raymond L. Fittro c/o Andrew A. Strauss Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN708) 12/23 12/30 1/6/11 1/13/11


STATE OF NORTH CAROLINA


CREDITORS AND DEBTORS OF


JUAN RANGEL CAMPUZANO


Having qualified as Administrator of the Estate of Juan Rangel Campuzano, deceased, late of Buncombe County, North Carolina, this is to notify all per- sons, firms and corpo- rations having claims against the estate of said decedent to exhibit them to the under- signed or to their attor- ney on or before the 23 rd day of March, 2011, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate


COUNTY OF BUNCOMBE NOTICE TO


NORTH CAROLINA BUNCOMBE COUNTY


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


will please make imme- diate payment.


This the 23rd day of December, 2010.


Joseph Cowan, Admin- istrator 79 Trillium Glen Ln. Hendersonville, NC 28792 Estate of Juan Rangel Campuzano William T. Biggers Biggers & Associates, PLLC 79 Woodfin Place, Suite 211 Asheville, NC 28801 (WCN709) 12/23 12/30 1/6/11 1/13/11


BEFORE THE CLERK FILE 10-E-001733


IN THE MATTER OF THE ESTATE OF


CREDITORS AND DEBTORS


Having qualified as the Executor of the Estate of Juanita E. Carter, deceased, late of Buncombe County, North Carolina, this is to notify all person, firms and corpora- tions having claims against the said Estate to present such claims to the undersigned on or before March 23, 2011, or this Notice will be pleased in the bar of their recovery. All per- sons indebted to said Estate will please make immediate payment.


This the 23rd of Decem- ber, 2010.


Executor, Neil Winfred Carter Estate of Juanita E. Carter c/o Allen B. Koenig Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN710) 12/23 12/30 1/6/11 1/13/11


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executrix of the Estate of Arthur Holmes Lock- hart, 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 30th 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 30th day of December, 2010


Vanessa Lockhart, Executrix Estate of Arthur Holmes Lockhart, Jr. 9 Brookgreen Place Asheville, NC 28804 (WCN711) 12/30 1/6/11 1/13/11 1/20/11


STATE OF NORTH CAROLINA


COURT OF JUSTICE SUPERIOR COURT


IN THE GENERAL


BUNCOMBE COUNTY


Juanita E. Carter Deceased NOTICE TO


NORTH CAROLINA BUNCOMBE COUNTY


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


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.


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 12/30


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 Thomas Scott Sawyer and Melinda Dawn Sawyer, dated July 2, 2007 and recorded on July 9, 2007, in Book No. 4432, at Page 643 in the


20 THE TRIBUNE/LEADER - December 30, 2010 - January 5, 2011


SUBSTITUTE TRUSTEE’S


NOTICE OF 10-SP-43 2027 10 CVD 5529 IN THE GENERAL


BUNCOMBE COUNTY


DIVISION


T I U E L AS RB N EG L


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 Janu- ary 4, 2011 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Swannanoa, County of Buncombe, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 314 Woodland Drive, Swannanoa, NC 28778 Tax Parcel ID: 9699-58-3107-00000 Present Owners:


Scott Sawyer 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


the deposit. Rea- T h oma s Record


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: December 13, 2010


Posted: Witness: Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C., Substitute Trustee By: David A. Simpson, P.C. Substitute Trustee By: David A. Simpson, Attorney P.O. Box 19972 Charlotte, NC 28219 (704) 619-6551 (WL777) 12/23 12/30


STATE OF NORTH CAROLINA


COURT OF JUSTICE SUPERIOR COURT DIVISION


2010 SP 1619


IN THE MATTER OF THE FORECLOSURE OF THAT DEED OF TRUST RECORDED IN BOOK 4723 , AT PAGE 910 ON SEPTEMBER 16, 2009 WINDSTAR-AVL, LLC SANJAY B. PATEL AJITKUMAR B. PATEL TO: STEPHEN C. WILKIE, ACTING TRUSTEE NOTICE OF SALE, FORECLOSURE Attention: YOU ARE HEREBY NOTIFIED THAT THE TRUSTEE UNDER THE ABOVE REFERENCED DEED OF TRUST HAS INITIATED FORECLO- SURE PROCEEDINGS. PURSUANT TO: THE PROCEDURE


FORTH UNDER N.C.G.S. § 45-21; THE POWER OF SALE CONTAINED IN THE HEREIN REF- ERENCED DEED OF TRUST; AND THAT ORDER ALLOWING FORECLOSURE ISSUED BY THE CLERK OF SUPERIOR COURT FOR BUNCOBME COUNTY, NORTH CAROLINA, THE ACTING TRUSTEE WILL SELL THE PROPERTY DESCRIBED HEREIN. (1) The particular real estate security inter- est being foreclosed is a Deed of Trust to Stephen C. Wilkie (“Original Trustee”) in favor of Asheville Mort- gage, Inc. (“Lender” / “Beneficiary”) dated September 15, 2009 , recorded on September 16, 2009 in Buncombe County Register of Deeds Trust Book 4723 , at Page 910 , secur- ing an original principal amount of $90,000.00. A particular description of the real property foreclosed is included in the herein refer- enced Deed of Trust,


SET IN THE GENERAL


COUNTY OF BUNCOMBE


including any fixtures and personal property affixed thereto, less and excepting any por- tions thereof released prior to the date of this Notice, and including any additional property pledged of record sub- sequent 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: Windstar-AVL, LLC . (2) The Sale refer- enced herein will be conducted at the main entrance (or such other customary location) of the BUNCOMBE county courthouse in Asheville, NC on January 6, 2011 at 10:00AM. (3) The property being sold hereunder is known as 1501 Tunnel Road, Asheville, NC 28805, and specifically described as: BEGINNING on a 5/8” rebar in the south margin of the right of way for US Highway 70, said rebar being the northwesternmost corner of the property shown on a plat for Affordable Care, Inc. recorded in Buncombe County Plat Book 107, page 111, and runs with the margin of US 70, North 71 deg. 18’ 45” East 241.94 ft; North 70 deg. 29’00” East 100 ft; North 68 deg. 58’ 00” East 100 ft; North 67 deg. 32’ 00” East 100 ft; North 65 deg. 57’ 00” East 100 ft; North 64 deg. 32’ 00” East 100 ft; North 62 deg. 58’ 00” East 100 ft; North 61 deg. 30’ 00” East 100 ft to a concrete monument and same course 18.63 feet to a 1” iron pin; thence leaving the right of way of US 70, South 34 deg. 00’ 00” East 49.65 ft to an iron pin set in the center of the Southern Railway, now Norfolk Southern track; thence with the center of the track, South 55 deg. 20’ 00” West 927.94 ft to the easternmost corner of the aforesaid property shown on Plat Book 107, Page 111; thence with the line thereof North 32 deg. 34’ 58” West 245.69 feet (passing a found concrete nail at 15.81 ft) to the BEGINNING, containing 2.793 acres according to a plat of survey by Scott Vindal, PLS, dated September 8, 2006, Drawing No. 2006- 173. (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 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. Following the expiration of the upset bid period the remaining balance of the bid will be imme- diately due in cash. Any high bidder who shall fail to tender the bal- ance due upon the bid upon demand following 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.”


lutely no warranties are made as to the condi- tion, value or title of the property sold. The highest bidder shall assume all risk of loss, deterioration and other casualty after the date of sale. All bidders are advised to retain independent counsel to examine the title for the subject property. The property may be with- drawn 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 con- tested for any reason, the sole remedy of the purchaser shall be the return of any deposit paid (without any accrued interest). (7) IN the event that the property being sold hereunder is a residential real prop- erty 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 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. 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 December 13, 2010.


s/ Stephen C. Wilkie (SEAL) Stephen C. Wilkie, Acting Trustee 285 East Allen Street Hendersonville, NC 28792 (828) 273-9191 (WL778) 12/23 12/30


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 Clay- ton E. Ponder Jr. and Karen Ponder, dated November 8, 2005 and recorded on November


10-SP-1151 3891 Abso-


10, 2005, in Book No. 4135, at Page 705 and re-recorded on July 10, 2008, in Book No. 4703, at Page 158 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 Janu- ary 11, 2011 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Weaverville, County of Buncombe, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 26 Rose Briar Cir, Weaverville, NC 28787 Tax Parcel ID: 9744-83-6430-00000 Present Owners:


E. Ponder Jr. and Karen Ponder 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


the deposit. Rea- C l a y t o n Record


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 7, 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 (WL779) 12/30 1/6/11


STATE OF NORTH CAROLINA


FORECLOSURE SALE


Under and by virtue of a Power of Sale con- tained in that certain Deed of Trust executed by Lisa Karen Roberts and Natasha Roberts to Mtn, LTD, a North Caro- lina Corporation, dated December 14, 2001 and recorded in Book 2668, at Page 839-843 in the Buncombe County, North Carolina Registry, (See the Substitution of Trustee appointing the undersigned as Sub- stitute Trustee in Book 4841 at Page 1023- 1024) the undersigned Substitute Trustee declares as follows: There is a default by the Owner or other person(s) owing an obli- gation, the performance of which is secured by said Deed of Trust, or by their successor in interest, with respect to provisions therein which authorize sale in the event of default of such provision; and the undersigned as Sub- stitute Trustee, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Buncombe County, North Caro- lina, and the Owner and Holder of the Note evidencing said indebt- edness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the Buncombe County Courthouse


Continued on the next page www.weavervilletribune.com


COUNTY OF BUNCOMBE 10 SP1750 NOTICE OF


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