Weaverville Tribune - 0842 - Oct. 21

Asheville/Weaverville 277-1760 Hendersonville 697 - 2932

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Asheville/Weaverville 277-1760 Hendersonville 697-2932

Legals

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Virginia C. Dew- eese, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the undersigned on or before the 31st day of December, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.

This the 30th day of September, 2010

Charles C. Deweese, Executor Estate of Virginia C. Deweese 263 Wright Road Canton, CT 06019 (WCN677) 9/30 10/7 10/14 10/21

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Roy Dalman, deceased, late of Buncombe County, North Carolina, this is to notify all per- sons, firms and corpo- rations having claims against said deceased to exhibit them to the undersigned on or before the 31st day of December, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.

This the 30th day of September, 2010

Robert Dalman, Execu- tor Estate of Roy Dalman 45 Westchester Drive Asheville, NC 28803 (WCN678) 9/30 10/7 10/14 10/21

STATE OF NORTH CAROLINA

DEBTORS OF SUSAN ANN COLLINS

Having qualified as Administrator of the Estate of Susan Ann Collins, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the undersigned on or before the 31st day of December, 2010, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.

This the 30th day of September, 2010

Ryan Santric, Admin- istrator Estate of Susan Ann Collins 84 Chestnut Circle Brewster, MA 02631 William T. Biggers

CREDITORS AND

COUNTY OF BUNCOMBE NOTICE TO

Biggers & Associates, PLLC 79 Woodfin Place, Suite 211 Asheville, NC 28801 (WCN679) 9/30 10/7 10/14 10/21

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of Dorothy W. Country- man, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 7th day of January, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.

This the 7th day of October, 2010

Peggy G. Burrell, Exec- utrix Estate of Dorothy W. Countryman 1990 Hickory Hills Drive Denver, NC 28037 (WCN680) 10/7 10/14 10/21 10/28

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of Heken K. Howell, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 7th day of January, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.

This the 7th day of October, 2010

Beverly R. Wright, Executrix Estate of Heken K. Howell 33 S. Main Street Ext. Weaverville, NC 28787 (WCN681) 10/7 10/14 10/21 10/28

STATE OF NORTH CAROLINA

COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO.: 10 E 1380

IN THE MATTER OF THE ESTATE OF: SUSAN LESLIE LIND- NER, Deceased. NOTICE TO CREDITORS THE UNDERSIGNED, having qualified as Administrator

the Estate of SUSAN LESLIE

deceased March 6, 2010, of Buncombe County, North Carolina; this is to notify all per- sons, firms and corpo- rations having claims against and creditors for the estate of said deceased to exhibit and present their claims to the undersigned on or before the 10th day of January, 2011, or this

www.leicesterleader.com LINDNER, IN THE GENERAL

COUNTY OF BUNCOMBE

Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate settle- ment of same to the undersigned.

This, the 7th day of October, 2010.

Jonathan C. Parce, Administrator BAZZLE, CARR & PARCE, P.A. Attorneys at Law P.O. Box 608 Hendersonville, NC 28793 (828) 697-4327 (WCN682) 10/7 10/14 10/21 10/28

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as executrix of the estate of John E. Davis, deceased, late of Bun- combe County, North Carolina, this is to notify all persons, firms and corporations having claims against the estate of said deceased to exhibit them to the undersigned on or before the 16th day of January, 2011, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate pay- ment.

This the 14th day of October, 2010.

Severina M. Davis, executrix c/o Thomas D. Roberts, attorney 40 North Merrimon Avenue #302 Asheville, NC 28804 (828) 252-0602 (WCN683) 10/14 10/21 10/28 11/4

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Administrator of the Estate of James Bryant Harris, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 16th day of January, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.

This the 14th day of October, 2010

Sandy R. Harris, Admin- istrator Estate of James Bryant Harris PO Box 2711 Weaverville, NC 28787 (WCN684) 10/14 10/21 10/28 11/4

for

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Charles W. Stowe, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased

to exhibit them to the undersigned on or before the 16th day of January, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.

This the 14th day of October, 2010

Billy R. Stowe, Execu- tor Estate of Charles W. Stowe 19 Robin Lane Weaverville, NC 28787 (WCN685) 10/14 10/21 10/28 11/4

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executor of the estate of Virginia A. Roark Colo, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against the Estate of said deceased to exhibit them to the undersigned on or before January 16, 2011, or this Notice will be pleaded in bar of their recovery. All per- sons indebted to said Estate will please make immediate payment.

Dated this day of Octo- ber 14, 2010

Isaac B. Colo, Executor c/o Norman C. Riddle, P.A. 5 Blueberry Ridge Asheville, NC 28804 (WCN686) 10/14 10/21 10/28 11/4

BEFORE THE CLERK FILE 10E001393

IN THE MATTER OF THE ESTATE OF EUGENE G.

PATTERSON AKA E.G. PATTERSON, Deceased NOTICE TO

CREDITORS AND DEBTORS

Having qualified as Executrix of the Estate of EUGENE G. PATTER- SON AKA E.G. PATTER- SON, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against the said Estate to present such claims to the undersigned on or before January 16, 2011, or this Notice will be pleaded in the bar of their recovery. All per- sons indebted to said Estate will please make immediate payment.

This the 14th day of October, 2010.

Etrullia C. Patterson, Executrix Estate of Eugene G. Patterson aka E.G. Patterson c/o Allen B. Koenig, Esquire Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN687) 10/14 10/21 10/28 11/4

STATE OF NORTH CAROLINA COUNTY OF

NORTH CAROLINA BUNCOMBE COUNTY

COURT OF JUSTICE SUPERIOR COURT DIVISION

IN THE GENERAL

T I U E L AS RB N EG L

BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of Thelma S. Duck, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 24th day of January, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.

This the 21st day of October, 2010

Sandra D. Thomas, Executrix Estate of Thelma S. Duck 7905 Merrimac Drive Apex, NC 27539 (WCN688) 10/21 10/28 11/4 11/11

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Jeanette L. Fisher, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 24th day of January, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.

This the 21st day of October, 2010

John B. Fisher, Sr., Executor Estate of Jeanette L. Fisher 24 Woodgate Drive Asheville, NC 28806 (WCN689) 10/21 10/28 11/4 11/11

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of Ralph M. Armstrong, Jr., deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 24th day of January, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.

This the 21st day of October, 2010

Shirley A. Bartlett, Executrix Estate of Ralph M. Arm- strong 17 B Cedarwood Drive Asheville, NC 28803 (WCN690) 10/21 10/28 11/4 11/11

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO

CREDITORS

Having qualified as Administrator CTA of the Estate of Mabel Rodgers Lanning, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the undersigned on or before the 24th day of January, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.

This the 21st day of October, 2010

Megan Hazelrigg, Administrator CTA Estate of Mabel Rod- gers Lanning 38 Stockwood Exten- sion Asheville, NC 28803 (WCN691) 10/21 10/28 11/4 11/11

AMENDED NOTICE OF SUBSTITUTE TRUSTEE&#x2019;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

P h illi p Record 09-SP-787 5071

to pay revenue stamps on the Trustee&#x2019;s Deed, and any Land Transfer Tax. The real property hereinabove described is being offered for sale &#x201C;AS IS, WHERE IS&#x201D; 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&#x2019; 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

Inc.,

COUNTY OF BUNCOMBE

the deposit. Rea-

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. 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 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 &#x201C;The Residences at Bilt- more Condominium,&#x201D; 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 &#x201C;Declaration&#x201D;), and pursuant thereto, to membership in The Residences at Biltmore Condominium Owners&#x2019; 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 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

including, limitation,

annexed that prop-

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- 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 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

Continued on page 24

October 21 - October 27, 2010 - THE TRIBUNE/LEADER 23 The Note-

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