Asheville/Weaverville 277-1760 Hendersonville 697 - 2932
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Asheville/Weaverville 277-1760 Hendersonville 697-2932
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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.
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 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 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
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
NORTH CAROLINA BUNCOMBE COUNTY
COURT OF JUSTICE SUPERIOR COURT DIVISION
IN THE GENERAL
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 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
FORECLOSURE SALE OF REAL
SUBSTITUTE TRUSTEE’S
10-SP-0924 NOTICE OF
1005
Juanita E. Carter Deceased NOTICE TO
NORTH CAROLINA BUNCOMBE COUNTY
COURT OF JUSTICE SUPERIOR COURT DIVISION
IN THE GENERAL
COUNTY OF BUNCOMBE NOTICE TO
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 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.
24 THE TRIBUNE/LEADER - December 23 - December 29, 2010 the deposit. Rea- S cot t Record
T I U E L AS RB N EG L
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 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
SUBSTITUTE TRUSTEE’S
NOTICE OF
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” 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
The prop-
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 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,
The prop-
SUBSTITUTE TRUSTEE’S
NOTICE OF Buncombe
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 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
Buncombe
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 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:
The prop-
SUBSTITUTE TRUSTEE’S
NOTICE OF
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 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
Continued on the next page
www.weavervilletribune.com Inc., File No: 10 SP 712
COUNTY OF BUNCOMBE
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