LEG S cont... AL


Legals cont...


Family Limited Partner- ship by deed recorded in Book 4331, Page 1683, and which is described as follows: BEING all of Unit No. 416 as shown on the Plans entitled “The Residences at Bilt- more Condominium,” recorded in Condomin- ium and Unit Owner- ship File No. 813, in the Office of the Register of Deeds for Buncombe County, North Carolina, reference to which is hereby made for a more particular description. TOGETHER with all rights and easements appurtenant to said Unit as specifically enu- merated in the Declara- tion of Condominium recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4330, Page 1427 (the “Declaration”), and pursuant thereto, to membership in The Residences at Biltmore Condominium Owners’ Association, Inc., a North Carolina nonprofit corporation. TOGETHER with and subject to the said Declaration and the Bylaws


thereto, which, with all attachments thereto, are incorporated herein as if set forth in their entirety, and which, by way of illustration, and not by way of limita- tion, provide: 1) for an interest in the Common Elements referenced therein; 2) for use and restriction of use of the Unit for particular pur- poses only; 3) property rights of purchaser as a Unit Owner in and to the Residential Common Elements; 4) obligations


annexed


and responsibility of the Grantee for regular monthly assessments and special assess- ments and the effect of nonpayment thereof as set forth in the Declara- tion and in the Bylaws annexed thereto; 5) limitations upon the use of the Residential Common Elements; and 6) obligations of Grantee and the Association for maintenance as set out in the Bylaws. Less and except any property previously released pursuant to any Release Deeds recorded in the Bun- combe County Public Registry, without


Release Deed recorded in Book 4605 at Page 1849, in Book 4613 at Page 142, in Book 4617 at Page 1081, in Book 4618 at Page 846, in Book 4618 at Page 908 and in Book 4626 at Page 891 of the Buncombe County, North Carolina Public Registry. Subject to the follow- ing: 1. Restrictions, reserva- tion of easements and conditions contained in instrument recorded in Book 4330, Page 1427 and Book 4394, Page 47, Buncombe County Registry. 2. All matters shown on the referenced plat of survey described above, and those plats recorded in Plat Book 84, Page 78; Plat Book 105, Page 25; Plat Book 106, Page 78; Plat Book 154, Page 109B and Plat Book 108, Page 32 (Condominium Plat), Buncombe County Reg- istry. 3. Easement to Caro- lina Power and Light Company recorded in Book 948, Page 313, Buncombe County Reg- istry. 4. Easement to Depart-


including, limitation,


ment of Transportation recorded in Book 1259, Page 10 and Page 13, Buncombe County Reg- istry. 5. Easement to Carolina Power & Light Company d/b/a Progress Energy Carolinas recorded in Book 4269, Page 897, Buncombe County Reg- istry. 6. Waterline Easement in favor of the City of Asheville recorded in Book 4323, Page 1019, Buncombe County Reg- istry. 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 Applied Bank and 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


The Note-


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 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 1st day of October, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC.


By: A. Robert York, Presi- dent P.O. Box 8942 Asheville, NC 28814 Phone: 828-253-9063 (WL713) 10/14 10/21


NOTICE OF SERVICE OF PROCESS BY PUBLICATION TO:


1. Spouse of Magaline Proctor, if any; and 2. Person Doe 1, being all unknown heirs or other unknown succes- sors in interest of Lola Carpenter Logan; and 3. Person Doe 2, being all spouses, if any, of all unknown heirs or other unknown successors in interest of Lola Carpen- ter Logan. Take notice that a pleading seeking relief against you has been filed in the special proceeding entitled IN THE MATTER OF THE ESTATE OF LOLA LOIS CARPENTER LOGAN, DECEASED: CATHIE ST. JOHN-RITZEN, PETITIONER, VS. LILLIE MAE POWELL, ET AL., RESPONDENTS, Bun- combe County, North Carolina, File No. 10 SP 1331, and notice of service of process by publication began on October 14, 2010. The nature of the relief sought is as follows: possession, custody, and control of and authority to sell real property at 35 Walton Street, Asheville, North Carolina, described in a deed recorded in Book 821 at Page 417 of the Buncombe County Registry and described as PIN 9648-13-5155-00000, and 2.64 acres more or less of unimproved real property on Smith Grove Road, Rutherford County, North Caro- lina, Rutherford County Tax Office PIN 431028 and Rutherford County


Tax Office GPIN 1640- 14 -32- 6 8 0 8.0000. You are required to make defense to such pleading not later than November 23, 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 14th day of October, 2010.


Cathie St. John-Ritzen Petitioner P.O. Box 6337 Asheville, NC 28816 (WL714) 10/14 10/21 10/28


Public Notice


In accordance with state law the Town of Woodfin will hold a public hearing on the proposed opening of a heretofore privately held street portion known commonly as 301 feet of Sen. Reyn- olds Blvd. after petition was received from the property owner, said hearing to be held on October 19, 2010 at 6:30 PM before the Board of Aldermen. At this meeting inter- ested citizens will have the opportunity to ask questions and raises concerns about the proposed road open- ing. Once opened, the roads in question will become subject to the rules and governance of the Town of Woodfin to be maintained in per- petuity for the general welfare and with free and open access for all. Questions regarding this matter should be directed to the Wood- fin Town Administrator at 253-4887 during normal business hours.


(WL715) 10/14


Te Retired & Senior Volunteer Program (RSVP) will sponsor the AARP Driver Safety


AARP Driver Safety Program from 12:30 pm to 4:30 pm on Wednes- day (Oct. 20). Tis four-hour class will help you refine your driving skills and develop safer-driving habits. Graduates receive a certificate of completion and may be eligible to receive a discount on vehicle insurance premiums. Cost is $12 for AARP members and $14 for non-members. To reg-


ister, call Patti Cameron at the Land-of-Sky Regional Council at 251- 6622 ext 126. Payment for this course is due in advance.


Barnardsville Fire Department open house


Te Barnardsville Fire Depart-


ment will hold an open house from 5 pm to 8 pm on Saturday (Oct. 16) at the station on Dillingham Road. A barbecue dinner will be available for a donation. Gospel music will be pro- vided as well.


North End Computers LLC “A different computer company”


Made and supported in the USA “Overam” laptops are here today


We repair and maintain all brands of Windows PC’s Our Guarantee: “ We fix it or we don’t charge” Toshiba Satellite L505D Laptop AMD $659.00


Phone 828.484.8444 or 828.989.7617 Dell certified in laptop repair www.north-endcomputers.com


www.leicesterleader.com


October 14 - October 20, 2010 - THE TRIBUNE/LEADER 25


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