L AS cn.. EG L o t.


Legals cont...


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


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 Jamie S. Berry and J. Whitcomb Rylee, dated May 5, 2006 and recorded on May 10, 2006, in Book No. 4221, at Page 355 in the Office of the Reg- ister of Deeds of Bun- combe County, North Carolina; 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 holder of the indebt- edness 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 Bun- combe County Court- house, Courthouse Steps, North Carolina on November 2, 2010 at 10:00 AM that parcel of land, including improve- ments thereon, situ- ated, lying and being in the City of Asheville, County of Buncombe, State of North Carolina, and being more partic- ularly described in the above referenced Deed of Trust. Address of property: 14 Olney Road, Asheville, NC 28806 Tax Parcel ID: 9638-13-5701-00000 Present Owners:


Berry 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


Jamie S. Record 10-SP-0739 1412


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: July 12, 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 (WL716) 10/21 10/28


STATE OF NORTH CAROLINA


COURT OF JUSTICE DISTRICT COURT DIVISION


FILE NO.: 07 CVD 6454


COUNTY OF BUN- COMBE, A Body Politic and Corporate, Plaintiff, v. GLADYS WILSON; RONNIE DEAN WILSON a/k/a Rodney Dean Wilson; LINDA GALE WILSON ROGERS; and ALL KNOWN AND


IN THE GENERAL


COUNTY OF BUNCOMBE


the deposit. Rea-


UNKNOWN HEIRS OF THE ESTATE OF ROGER DALE WILSON, Owners Defendants GENERAL NOTICE OF TAX FORECLOSURE SALE Under and by virtue of a Judgment of the Presiding District Court Judge of the Buncombe County District Court, North Carolina, made and entered in the action entitled “County of Buncombe vs. Gladys Wilson, et al,” the undersigned Com- missioner will, on the 4th day of November, 2010, at 11:00 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real property described in the attached Exhibit “A” incorporated herein by reference. The prop- erty lies within Bun- combe County, North Carolina, and is more particularly described in Exhibit “A” (PIN #: 9732-76-5410; 74 Gill Branch Rd.) attached hereto. The sale will be held on the Buncombe County Courthouse Doorway in Asheville, North Carolina. The sale will be made subject to all outstand- ing City and County taxes and all superior restrictions of record and local improvement assessments against the abovedescribed property not included in the Judgment in the aboveentitled cause. All junior liens will be extinguished upon sale. The property, together will all buildings, fix- tures and improve- ments thereon, is being sold “as is, where is” without warranty. The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the undersigned will require the suc- cessful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any suc- cessful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable for said bid. The Buncombe County Tax Collector may make a credit bid. This sale will remain open for ten (10) days, as by law required, at which time an upset bid may be made with the Clerk of Court for Bun- combe County, North Carolina. The Notice may be withdrawn at any time until the con- clusion of the sale.


This 30th day of Sep- tember, 2010.


ROBERTS & STEVENS, P.A. /s/Marjorie R. Mann Marjorie R. Mann Commissioner P.O. Box 7647 Asheville, NC 28802 Telephone: (828)252- 6600 Facsimile: (828)210- 6554 N.C. Bar No. 13202


24 THE TRIBUNE/LEADER - October 21 - October 27, 2010


Posted: By: Date: Exhibit A PIN #: 9732-76-5410; 74 Gill Branch Rd. BEGINNING at a stake in the Southwest corner of the Monroe Wilson property, thence North 60 degrees, 27 minutes East, 216.72’ to a stake in the middle of Pickens Farm Road; thence, South 43 degrees, 28 minute East 115.23’ to an iron post in the middle of Pickens Farm Road; thence, South 66 degrees, 31 min- utes East, 52.86’ to a stake on the right-of- way of U.S. Highway 19-23; thence, South 14 degrees, 07 min- utes West, 127.94’ to a monument; thence, South 75 degrees, 01 minutes East, 10.54”; thence, South 12 degrees, 21 minutes West, 254.05’ to a point at the right-of-way of the town of Weaverville property; thence, North 85 degrees, 30 minutes West, 260.68’ to an iron post; thence, North 3 degrees, 05 minutes East, 352.85’ to the point of the BEGIN- NING. BEING the same property conveyed to Monroe Wilson and wife, Gladys Wilson by Deed dated November 19, 1973 and recorded in Deed Book 1091 at page 83, Buncombe County Registry. (WL717) 10/21 10/28


STATE OF NORTH CAROLINA


COURT OF JUSTICE DISTRICT COURT DIVISION


FILE NO.: 09 CVD 5981


COUNTY OF BUN- COMBE, A Body Politic and Corporate, Plaintiff, v. GLADYS WILSON; RONNIE DEAN WILSON a/k/a Rodney Dean Wilson; LINDA GALE WILSON ROGERS; BONNIE WILSON, Individually and as Per- sonal Representative of The Estate of Roger Dale Wilson; and ALL KNOWN AND UNKNOWN HEIRS OF THE ESTATE OF ROGER DALE WILSON, Owners Defendants GENERAL NOTICE OF TAX FORECLOSURE SALE Under and by virtue of a Judgment of the Presiding District Court Judge of the Buncombe County District Court, North Carolina, made and entered in the action entitled “County of Buncombe vs. Gladys Wilson, et al,” the undersigned Com- missioner will, on the 4th day of November, 2010, at 11:00 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real property described in the attached Exhibit “A” incorporated herein by reference. The prop- erty lies within Bun- combe County, North Carolina, and is more particularly described in Exhibit “A” (PIN #: 9732-76-5731; 72 Gill Branch Rd.) attached hereto. The sale will be held on the Buncombe County Courthouse Doorway in Asheville, North Carolina. The sale will be made subject to all outstand-


IN THE GENERAL


COUNTY OF BUNCOMBE


ing City and County taxes and all superior restrictions of record and local improvement assessments against the abovedescribed property not included in the Judgment in the aboveentitled cause. All junior liens will be extinguished upon sale. The property, together will all buildings, fix- tures and improve- ments thereon, is being sold “as is, where is” without warranty. The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the undersigned will require the suc- cessful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater.


cessful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable for said bid. The Buncombe County Tax Collector may make a credit bid. This sale will remain open for ten (10) days, as by law required, at which time an upset bid may be made with the Clerk of Court for Bun- combe County, North Carolina. The Notice may be withdrawn at any time until the con- clusion of the sale.


This 30th day of Sep- tember, 2010.


ROBERTS & STEVENS, P.A. /s/Marjorie R. Mann Marjorie R. Mann Commissioner P.O. Box 7647 Asheville, NC 28802 Telephone: (828)252- 6600 Facsimile: (828)210- 6554 N.C. Bar No. 13202 Posted: By: Date: Exhibit A PIN: 9732-76-5731; 72 Gill Brand Rd. BEGINNING on a stake in the center of the Pickens Farm Road, said stake being in Carson Lewis’ East line and runs thence with the center of said Pickens Far Road, an Easterly course, 227 feet to a stake in the center of said road; thence a Southwest course 231 feet to a dogwood in Carson Lewis’ East line, the said dogwood standing 242 feet to the place of beginning; thence with Carson Lewis’ line a North course, 242 feet to the place of BEGIN- NING, the said lot being a triangular lot in the Northwest corner of the tract of land conveyed to Ballew by Hensley, as aforesaid. Also BEING the same property con- veyed to Monroe Wilson and wife, Gladys Wilson by Deed dated June 8, 1965 and recorded in Deed Book 922 at Page 524, Buncombe County Registry. The Grantors further convey to the Grantees Easement for use of


Any suc-


water as set out in Deed from S.W. Ballew and wife, Connie Ballew, to Eva Mae Hunter, as dated January 11, 1960, recorded in Deed Book 830 at Page 441 in said Register’s Office. (WL718) 10/21 10/28


STATE OF NORTH CAROLINA


File No: 10 SP 1017 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 pursuant to which such sale will be held is that certain Deed of Trust executed by Shire Properties, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4382, at Page 166. 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 10:15 a.m. on the 3rd day of November, 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 232 Residences at Biltmore and described as fol- lows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4382, at Page 166 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. BEING all of Unit No. 232 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 will all rights and easements appur- tenant to said Unit as specifically enumerated in the Declaration of Condominium recorded in the Office of the Reg- ister of Deeds for Bun- combe County, North Carolina, in Book 4330, Page 1427 (the “Decla- ration”), 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


annexed Inc.,


COUNTY OF BUNCOMBE


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. 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-


The Note-


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 5th 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: 828-777-5250 (WL719) 10/21 10/28


STATE OF NORTH CAROLINA


File No: 10 SP 1220 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: 10. The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Paul Arsenault and Lisa Arsenault, as husband and wife, original mort- gagors, and recorded in the Office of the Buncombe County Reg- ister of Deeds in Deed of Trust Book 4291, at Page 1046. 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 11. The property will be sold by the Substi- tute Trustee at 10:00 a.m. on the 3rd day of November, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. 12. The real property to be sold is generally described as Lot 19 a/k/a 136 Estelle Park Drive, Asheville, NC 28806 and described as follows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4291, at Page 1046 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. BEING all of Lot 19 of ESTELLE PARK SUB- DIVISION as shown on a Plat recorded in Plat Book 106 at Page 14, Buncombe County, NC Register’s Office, reference to said plat is hereby incorporated herein for a more par- ticular description of said Lot. AND BEING a portion of the property described and conveyed in Deed recorded in Book 4217 at Page 1438, Bun- combe County, NC Reg- ister’s Office. Any property described in the Deed of Trust


Inc.,


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. 13. Any buildings located on the above- described property are also included in the sale. 14. 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). 15. All bidders bid for the property AS IS on the date of sale. Absolutely no warran- ties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain indepen- dent counsel to exam- ine record title as the property is sold subject to prior record inter- ests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substi- tute Trustee. 16. The property will be sold subject to all unpaid taxes and spe- cial assessments. 17. 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. 18. 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 5th day of October, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, Presi- dent P.O. Box 8942 Asheville, NC 28814


Continued on page 25


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