Obituaries cont...


the U.S. Army and Garry Watts and wife, Rita, of Weaverville; two sisters, Iva Whitson of Burnsville and Myrtle Potter of Brevard; two granddaugh- ters, three grandsons, three great granddaughters, four great grand- sons, and great-great grandson, two step-great granddaughters, three step-great grandsons and several nieces and nephews. The funeral service was held at


3 pm on Monday, Dec. 20, 2010 in Robbie Capps Memorial Chapel of


Blue Ridge Funeral Service, Mars Hill. The Rev. Preston Church offici- ated. Burial followed in Willie B. Met- calf Cemetery. The family received friends prior to the service. Flowers are accepted and appre-


ciated or memorials may be made to: Meal on Wheels, 146 Victoria Rd., Asheville, NC 28801. Online condolences may be e-


mailed to the family at blueridgefu- neralservice.org.


Annie Mae Silvers Weaverville - Annie Mae Sil-


vers, 80, of 56 Wilse Silvers Drive, passed away Sunday, Dec. 19, 2010, at the Brian Cen- ter. She was a lifelong resident of Buncombe County and the daughter of the late Wilse and Harriett Edwards Silvers. Surviving are her niece, Sher-


ry DeBruhl; nephews, Gordon, David and Danny Silvers; and brothers, Ray and Herman Sil-


vers. The funeral service was held


at 1 pm on Wednesday, Dec. 22, 2010, at Mt. Bethel Baptist Church where she was a very loyal member. The Rev. Roy McPeters officiated. Burial fol- lowed in the church cemetery. The family received friends prior to the service. Online condolences may be


e-mailed to the family at blu- eridgefuneralservice.org.


L AS cn.. EG L o t.


Legals cont...


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


The Note-


property subordinate to the Deed of Trust. 9. 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 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


www.leicesterleader.com


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 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 liens, unpaid taxes, and special assessments.


D ha n - Record


SUBSTITUTE TRUSTEE’S


10-SP-1325 NOTICE OF


4720


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 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 BUNCOMBE COUNTY


BEFORE THE CLERK FILE NUMBER 09 SP 1559


In the Matter of Charles Keyton Seagraves


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL the deposit. Rea-


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


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


BUNCOMBE COUNTY


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 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


T h oma s Record


SUBSTITUTE TRUSTEE’S


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: 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 GENERAL


COUNTY OF BUNCOMBE


the deposit. Rea-


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, 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:


SET


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.” Abso- 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


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


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