L AS cn.. EG L o t.


Legals cont...


the usual place of sale at Buncombe County Courthouse, Asheville, North Carolina on Octo- ber 12, 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, and being more particularly described in the above referenced Deed of Trust.


Address of property: 9 Bent Oak Lane, Asheville, NC 28803 Tax Parcel ID: 9645-73-9745-00000 Present Owners:


Kozich and Julie G. Kozich 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


the deposit. Rea- S. David


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: September 20, 2010


Record


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 David A. Simpson, P.C. Substitute Trustee (WL702) 9/30 10/7


STATE OF NORTH CAROLINA


File No: 10 SP 1112 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality and Construction,


Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursu- ant to which such sale will be held is that cer- tain Deed of Trust exe- cuted by Joe E. Penley and wife, Pamela E. Penley, original mort- gagors, and recorded in the Office of the Buncombe County Reg- ister of Deeds in Deed of Trust Book 4574, at Page 665. The record owner of such prop- erty, 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: N/A The property will be sold by the Substitute Trustee at 12:00 Noon on the 12th day of October, 2010 at the Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as Ham- burg Mountain Road, Weaverville, NC and described as follows: Lying and being in Reems Creek Town- ship,


County, North Carolina and more particularly described as follows: BEING all of that prop- erty as described in a deed from J. B. Roberts and wife, Emily E. Rob- erts to Joe E. Penley dated June 7th, 1982 and recorded in Deed Book 1297 at Page 281, Buncombe County Registry; LESS AND EXCEPT that property identified as Parcel 2 as shown on that plat of record in Plat Book 95 at Page 10 conveyed to Deborah M. Yelton et


Buncombe Inc.,


COUNTY OF BUNCOMBE


al, by a deed from Joe E. Penley, unmarried, dated April, 2003 and recorded in Book 3311 at Page 424, Buncombe County Registry. The property of record in Deed Book 1297 at Page 281 was later conveyed to Pamela E. Penley by deed from Joe E. Penley dated April, 2007 and recorded in Book 4392 at Page 1800, Bun- combe County Regis- try. FURTHER conveyed by this instrument is all of that property identified as Parcel 1 as shown on that Plat of record in Plat Book 95 at Page 10 as conveyed to Joe E. Penley, unmarried, by deed from Deborah M. Yelton et al, dated April, 2003 and recorded in Book 3311 at Page 422, Buncombe County Registry; said property adjoining with that property conveyed to Penley in Book 4392 at Page 1800, Buncombe County Registry; refer- ence is hereby made to all deeds and plat hereinabove referred to for a more particular description. TOGETHER WITH and SUBJECT TO restric- tions, reservations and easements of record. Any property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Bun- combe County, North Carolina Registry. Any buildings located on the above-described property are also included in the sale. 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). 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. The property will be sold subject to all unpaid taxes and spe- cial assessments. The property being sold is all of that property described in the Deed of Trust except as spe- cifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust. 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 Note-


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 the Federal Protecting Tenants at Foreclosure Act which became effective May 20, 2009. (WL703) 9/30 10/7


854.0000053 10-SP- 516


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 Antoinette Morgan, single, dated September 6, 2005 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on September 7, 2005, in Book 4102 at Page 898; 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 owner and holder of the indebtedness 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, in Asheville, North Caro- lina at 10:00 AM on Tuesday, October 19, 2010, that parcel of land, including improve- ments thereon, situ- ated, lying and being in the City of Asheville, County of Buncombe, State of Worth Caro- lina, and being more particularly described as follows: BEING ALL OF LOT NUMBER 55, BLOCK D, Lennox Park Subdivi- sion, as per plat thereof recorded at Plat Book 154, Page 120, Bun- combe County Registry. Reference to said plat is hereby made for a more perfect description of said lot. Address of property: 65 Elizabeth Street, Asheville, NC 28801 Present Owners:


nette Y. Morgan A/k/a Antoinette Morgan 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


24 THE TRIBUNE/LEADER - October 7 - October 13, 2010 A n t oi - Record


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 the deposit. Rea- 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 his sole discretion, if he believes the chal- lenge 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 t 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: July 19, 2010


David A. Simpson, P.C. Substitute Trustee Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the gub- situte Trustee (704) 442-9500 Posted Witness: Assistant/Deputy Clerk of Superior Court (WL704) 10/7 10/14


STATE OF NORTH CAROLINA


File No: 10 SP 796 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality 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


Inc.,


COUNTY OF BUNCOMBE


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 Keith Vinson and wife, Paula L. Vinson, original mort- gagors, and recorded in the Office of the Bun- combe County Register of Deeds in Deed of Trust Book 4373, at Page 831. The record owner of such prop- erty, 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: N/A 2. The property will be sold by the Substi- tute Trustee at 11:30 a.m. on the 20th day of October, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is generally described as Unit 330, The Residences at Biltmore, Asheville, NC 28803 and described as follows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4373, at Page 831 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. Being all of Unit 330, Group A Buildings, of The Residences at Biltmore as shown on that plat recorded in Plat Book 108, at Page 32 of the Buncombe County, NC Register’s Office; said Unit also described in the Decla- ration of Condominium for the Residences at Biltmore Condominium with attached exhibits as recorded in Deed Book 4330, beginning at Page 1427; and said Unit is shown on Plans and Specifications for Group A Buildings, of The Residences at Biltmore as recorded in Condominium File Nos. 813-818 of the Buncombe County, NC Register’s Office; refer- ence to which is hereby made and incorporated for a more particular description of said property. Together with and including the undivided interest in and to the Residences at Biltmore Condominium which is attributable to the Unit described herein. And being a portion of that property described in Deed Book 3890, at Page 870, of the Bun- combe County, NC Reg- ister’s Office; reference to which is hereby made and incorporated. Any property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Bun- combe County, North Carolina Registry. 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: 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.


THIS the 21st day of September, 2010. (WL705) 10/7 10/14


STATE OF NORTH CAROLINA


File No: 10 SP 1140 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality 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 Paul H. Marineau and wife, Elsa Marineau, original mort- gagors, and recorded in the Office of the Bun-


Inc.,


COUNTY OF BUNCOMBE


The Note-


combe County Register of Deeds in Deed of Trust Book 4170, at Page 390. The record owner of such prop- erty, 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: N/A 2. The property will be sold by the Substi- tute Trustee at 11:30 a.m. on the 20th day of October, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is gener- ally described as 47 Country Cove Court (a/k/a Lot 14, Stone Creek) and 36 Country Cove Court (a/k/a Lot 6, Stone Creek) Leic- ester, NC 28748 and described as follows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4170, at Page 390 of the Bun- combe County, North Carolina Registry and said description is incorporated herein by reference. TRACT I: BEING all of Lot 6 of Stone Creek Subdivision as shown in Plat Book 94, Page 182, Buncombe County Registry. Subject to that certain Declaration of Restric- tions as recorded in Deed Book 4162 at Page 797 of the Buncombe County Registry. BEING a portion of Deed Book 3856, Page 863, Buncombe County Registry. Property address is 36 Country Cove Court, Leicester, NC 28748 PIN # 9703.00-22- 1480 TRACT II: BEING all of Lot 14 of Stone Creek Subdivision as shown in Plat Book 94, Page 182, Buncombe County Registry. Subject to that certain Declaration of Restric- tions as recorded in Deed Book 4162 at Page 797 of the Buncombe County Registry. BEING a portion of Deed Book 3856, Page 863, Buncombe County Registry. Property address is 47 Country Cove Court, Leicester, NC 28748 PIN # 9703.00-22- 6074.000 Any property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Bun- combe County, North Carolina Registry. 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: 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.


THIS the 21st day of September, 2010.


(WL706) 10/7 10/14


STATE OF NORTH CAROLINA


File No: 10 SP 1153 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality 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 Green- stone Builders, Inc., original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4658, at Page 69. 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: N/A 2. The property will be sold by the Substi- tute Trustee at 11:30


Inc.,


COUNTY OF BUNCOMBE


The Note-


a.m. on the 20th day of October, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is generally described as 4 Buffalo Street, Asheville, NC 28806 and described as follows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4658, at Page 69 of the Bun- combe County, North Carolina Registry and said description is incorporated herein by reference. Being all of Lot 4 as shown on that plat recorded in Plat Book 143, at Page 25 of the Buncombe County, NC Register’s Office; ref- erence to which Plat is hereby made for a more particular description of said Property. And being a portion of that property described in deed recorded in Book 4633, at Page 1533 of the Buncombe County, NC Register’s Office. Any property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Bun- combe County, North Carolina Registry. 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: 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


Continued on page 25


www.weavervilletribune.com The Note-


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28