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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 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


COUNTY OF BUNCOMBE


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


TAKE NOTICE THAT: Raintree Reality and Construction,


Substitute Trustee, has begun proceedings to FORECLOSE under the


Inc.,


COUNTY OF BUNCOMBE


The Note-


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 independent counsel to examine record title as the property is sold subject to prior record interests.


holder has reserved the right to withdraw the


The Note-


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) 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


24 THE TRIBUNE/LEADER - October 14 - October 20, 2010 Inc.,


COUNTY OF BUNCOMBE


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 property subordinate to the Deed of Trust. 9. Additional Notice Where the Real Property


The Note-


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


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


SUBSTITUTE TRUSTEE’S


10-SP-1166 NOTICE OF


3986


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 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


the deposit. Rea-


(WL711) 10/7 10/14 5071


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 Phillip Briggs and Deborah Briggs, dated July 11, 2007 and recorded on July 20, 2007, in Book No. 4438, at Page 977 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 26, 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: 1 Wake Robin Way, Asheville, NC 28805 Tax Parcel ID: 965940096200000 Present Owners:


Briggs and Deborah Briggs 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


the deposit. Rea- P h illi p Record 09-SP-787


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: September 28, 2010


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 (WL712) 10/14 10/21


STATE OF NORTH CAROLINA


File No: 10 SP 221 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: The instrument pursu- ant to which such sale will be held is that certain Deed of Trust executed by Power Development, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Book 4469, at Page 1435. 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 The property will be sold by Applied Bank and the Substitute Trustee at 10:00 a.m. on the 25th day of October, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina.


Inc.,


COUNTY OF BUNCOMBE


The real property to be sold is generally described as 700 Bilt- more Avenue, Asheville, NC 28801 and described as follows: BEING that 2.074 acre parcel designated as Tract B as shown on a survey prepared by McAbee & Associates, P.A., dated October 13, 2005, and designated as Drawing No. G-05- 1689, and being more particularly described as follows: BEGINNING at a con- trol corner found at the intersection of Caledonia Road and Bowling Park Road and running thence from said control corner along Bowling Park Road, South 33 deg. 55 min. 28 sec. East 76.89 feet to a mag- netic nail set; thence on a curve through a chord bearing South 46 deg. 36 min. 34 sec. West 241.83 feet, with an arc length of 244.99 feet and having a radius of 439.55 feet to a rebar set; thence South 54 deg. 55 min. 04 sec. East 32.93 feet to a calculated point not set; thence on a curve through a chord bearing South 08 deg. 01 min. 48 sec. West 59.42 feet, with an arc length of 59.45 feet and having a radius of 551.67 feet to a calculated point not set; thence on a curve through a chord bearing South 16 deg. 13 min. 50 sec. West 62.76 feet, with an arc length of 63.17 feet and having a radius of 161.50 feet to a calculated point not set; thence on a curve through a chord bearing South 14 deg. 53 min. 14 sec. West 121.45 feet, with an arc length of 122.19 feet and having a radius of 318.42 feet to a rebar set; thence North 81 deg. 15 min. 31 sec. East 5.91feet to a rebar set; thence on a curve through a chord bearing South 20 deg. 26 min. 04 sec. East 69.24 feet to a rebar set; thence South 76 deg. 32 min. 55 sec. East 26.92 feet to a calculated point not set; thence South 13 deg. 53 min. 04 sec. East 78.91 feet to a rebar set; thence South 77 deg. 35 min. 18 sec. East 217.62 feet to a rebar found; thence North 49 deg. 37 min. 57 sec. West 92.31 feet to a calculated point not set; thence on a curve through a chord bearing North 11 deg . 58 min. 51 sec. East 411.17 feet to a mag- netic nail set; thence North 29 deg. 55 min. 23 sec. West 73.15 feet to a rebar with ID cap found; thence North 33 deg. 55 min. 28 sec. West 108.16 feet to the point and place of Beginning. ALSO BEING a portion of


erty conveyed to Power Development, LLC, a North Carolina limited liability company, by deeds recorded in Book 3890, Page 870, and Book 3907, Page 891, in the Office of the Register of Deeds for Buncombe County, North Carolina. LESS AND EXCEPT that portion of the above- described property which was previously conveyed to S & S #2


Continued on page 25


www.weavervilletribune.com that prop-


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