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Legals cont...
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.
(WL707) 10/7 10/14
STATE OF NORTH CAROLINA
File No: 10 SP 1154 NOTICE OF SALE
TAKE NOTICE THAT: Raintree Reality and Construction, Sub- stitute 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 16. 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 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 5 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 16 of the Bun- combe County, North Carolina Registry and said description is incorporated herein by reference. Being all of Lot 5 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
COUNTY OF BUNCOMBE
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 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.
(WL708) 10/7 10/14
STATE OF NORTH CAROLINA
File No: 10 SP 1152 NOTICE OF SALE
www.leicesterleader.com
COUNTY OF BUNCOMBE
The Note-
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 28. 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 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 6 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 28 of the Bun- combe County, North Carolina Registry and said description is incorporated herein by reference. Being all of Lot 6 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
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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.
(WL709) 10/7 10/14
STATE OF NORTH CAROLINA
File No: 10 SP 890 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 Gerald D. Payne and Polly Joann Payne, as husband and wife, original mortgag- ors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4158, at Page 774. 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 mort- gagors, is: N/A 2. The property will be sold by the Substitute Trustee at 12:00 (Noon)
October 7 - October 13, 2010 - THE TRIBUNE/LEADER 25 Inc.,
COUNTY OF BUNCOMBE
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p.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 6.04 more or less acres on 463 Shope Creek Road, Asheville, NC 28805 and described as fol- lows: BEGINNING on an U.S.F.S. Aluminum monument found which is located at the South- westernmost corner of that property conveyed to the Grantors in Deed Book 1302 at Page 802 of the Buncombe County, North Carolina Registry, the same being identified as Corner 1 of Tract M-266 on a Survey for Gerald D. Payne and wife, Polly J. Payne drawn by John M. Nanney of Asheville Land Surveying on April 14, 1995, and num- bered 95-149; from the point of BEGIN- NING thus established, thence North 86° 13’ 35” West 329.52 feet to a Class “A” Con- crete Monument Found; thence Nroth 80° 04’ 00” West 527.26 feet to a railroad spike set; thence with the Eastern Margin of Shope Creek Road (SR2426) North 47° Est 219 feet to an iron pin; thence North 32° East 141 feet to a point; thence South 46° 56’ 58” East 663.30 feet to Number 5 rebar found thence South 08° 09’ 12” West 149.90 feet to the point and place of BEGINNING. Being the same prop- erty conveyed to Gerald D. Payne and wife, Polly J. Payne as recorded in Deed Book 1302, page 802, Buncombe County
Registry. 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
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.
THIS the 24th day of September, 2010.
SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, Presi- dent P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL710) 10/7 10/14
10-SP-1166 NOTICE OF SUBSTITUTE
3986
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 Gene Darryl Sprouse, dated November 16, 2005 and recorded on November 18, 2005, in Book No. 4139, at Page 741 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 Octo- ber 19, 2010 at 10:00 AM that parcel of land, including improve- ments thereon, situ- ated, lying and being in the City of Fairview, County of Buncombe, State of North Carolina, and being more partic- ularly described in the above referenced Deed of Trust. Address of property: 690 Fairview Forest Dr, Fairview, NC 28730 Tax Parcel ID: 9698-00-5108-00000 Present Owners:
Arrowhead, LLC The terms of the sale are that the real property hereinbefore described will be sold for cash to
A H- Record TRUSTEE’S
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:
the deposit. Rea-
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: September 27, 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 (WL711) 10/7 10/14
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