LEG S cont... AL


Legals cont...


Phone: 828-777-5250 (WL720) 10/21 10/28


STATE OF NORTH CAROLINA


File No: 10 SP 1265 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: 19. The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Ann Marie Lewis,


f.k.a Anne Hedrick, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4591, at Page 1257. 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: Joseph Middleton Jacks 20. The property will be sold by the Substi- tute Trustee at 10:00 am on the 3rd day of November, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. 21. The real property to be sold is generally described as 58 Edney Lane, Arden, NC 28704 and described as fol- lows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4591, at Page 1257 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. LYING AND BEING in Limestone Township, Buncombe County, North Carolina and being a portion of that property shown in Deed Book 1675, at Page 597 (the parent tract) and being more particularly described in that certain Deed of Trust recorded in Book 4591, at Page 1257 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. TOGETHER WITH a fif- teen (15’) foot, in width, easement for the pur- pose of ingress, egress and regress, said ease- ment traversing the westernmost fifteen (15’) feet of the remain- ing parent tract. Also being part of this Real Estate, is a 27’x40’ Champion doublewide manufactured home with date of manufac- ture of: 3/02; Serial No: 14005763AB and bear- ing HUD No.(s): PFS 753101 PFS753102. AND being the same property described in Deed Book 3315, Page 363 and a portion of


unmarried, Inc.,


COUNTY OF BUNCOMBE


Deed Book 1675, Page 597 in Buncombe County, North Carolina, 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. 22. Any buildings located on the above- described property are also included in the sale. 23. 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). 24. 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. 25. The property will be sold subject to all unpaid taxes and spe- cial assessments. 26. 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. 27. 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


www.leicesterleader.com


P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL721) 10/21 10/28


STATE OF NORTH CAROLINA


File No: 10 SP 242 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty 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: 28. The instrument pursuant 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 Deed of Trust Book 4113, at Page 38. 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 29. 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. 30. The real property to be sold is generally described as 60 Raven- scroft Drive / 15 Banks Avenue, Asheville, NC 28801 and described as follows: TRACT 1: BEING all of Lots 1, 2, 3, 4, 5 and 6 of Block “A” as shown on a plat of Buxton Hills Sub- division which plat is recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Plat Book 12, Page 69, ref- erence to which plat is hereby made for a more particular description of said lots. TRACT 2: The southern right-of- way of Shoenberger Place as shown on Plat Book 2, Page 76 and more particularly described as follows: BEING at the south- western corner of Shoenberger Place as shown on Plat Book 2, Page 76, being also the BEGINNING point of Tract No. 1 in that Deed recorded in Deed Book 1277, Page 637, Buncombe County Registry and from said BEGINNING point and with the western margin of Shoenberger Place, North 4° 8’ West 50.37 feet to a stake; thence North 10° 1’ West 52.21 feet to a stake; thence leaving the western margin of Shoenberger Place in a north-easterly direc- tion to the north-west corner of Lot 14 ½ of Plat Book 2, Page 76; thence with the eastern margin of Shoenberger Place South 10° 01’ East 56.60 feet; thence South 4° 08’ East 55.05 feet to the southwest- ern corner of Lot 14 of


Inc.,


COUNTY OF BUNCOMBE


Plat Book 2, Page 76; thence in a westerly direction 30.73 feet to the point and place of BEGINNING. BEING that portion of Shoenberger Place closed by Resolution and Order of the City of Asheville, Resolution No. 82-93, dated June 3, 1982. TRACT 3: BEGINNING at a stake in the western margin of Shoenberger Place, said stake being North 85° West 205 feet from the Southeast corner of the property heretofore conveyed to Thomas Buick, Inc. which corner is in the north margin of an alley and the west margin of Church Street; and runs thence with the west margin of Shoenberger Place the following calls and distances: North 4° 8’ West 50.37 feet to a stake; thence North 10° 1’ West 52.21 feet to a stake; thence North 20° 53’ West 56.47 feet to a stake; thence North 28° 38’ West 62.25 feet to a stake; thence North 25° 4’ West 66.53 feet to a stake; thence North 15° 52’ West 29.84 feet to a stake in the inter- section of Ravenscroft Road; thence leaving Shoenberger Place North 77° 46’ West 19 feet to a stake in the eastern margin of Ravenscroft Road South 41° 15’ West 39 feet to a stake; thence South 34° 50’ West 240.24 feet to a stake, thence South 05° 07’ West 51.95 feet to a stake; thence, leaving Raven- scroft Road, South 85° 10’ East 286.36 feet to the point of BEGIN- NING. The said prop- erty being the property shown upon the plat recorded in Plat Book 2, Page 76, as being bounded on the north- west by Ravenscroft Road, on the East by Shoenberger Place and on the south by Buxton Hill Subdivision. TRACT 4: Lot 14 ½ as shown on a plat of Raven- scroft recorded in the Office of the Register of Deeds for Buncombe County, NC in Plat Book 2 at Page 76, and being the same property described in a deed from R. Glenn Snipes to J. A. Miller which is recorded in the Office of the Register of Deeds for Buncombe County in Book 492 at Page 466. BEING ALSO the same property as conveyed in that Deed from Groves Printing Company to Richard Whittington and wife, Elizabeth Whittington dated July 30, 1981 and recorded in Book 1277, Page 637, Buncombe County Reg- istry. TRACT 5: BEING all that certain lot or parcel of land situated in Buncombe County, North Carolina and being more par- ticularly described as follows: BEING all of Lot 14 as shown on a plat of the Ravenscroft Subdivision recorded in the Bun- combe County Registry of Deeds in Plat Book 2, Page 76, reference to which is hereby made for a more particular description. BEING ALSO the same property as described in that deed from Stephen L. Barden to Richard Whittington and wife, Elizabeth Whittington


dated March 23, 1982 and recorded in Book 1292, Page 272. 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. 31. Any buildings located on the above- described property are also included in the sale. 32. 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). 33. 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. 34. The property will be sold subject to all unpaid taxes and spe- cial assessments. 35. 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. 36. 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 8th 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 (WL722) 10/21 10/28


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 Joshua Burdette and Mandi Burdette, dated March 7, 2008 and recorded on March 10, 2008, in Book No. 4533, at Page 1189 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 November 2, 2010 at 10:00 AM that parcel of land, including improve- ments thereon, situ- ated, lying and being in the City of Candler, County of Buncombe, State of North Carolina, and being more partic- ularly described in the above referenced Deed of Trust. Address of property: 700 Vista Lake Drive Unit #102, Candler, NC 28715 Tax Parcel ID: 9617015484C0102 Present Owners:


Burdette and Mandi Burdette 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


October 21 - October 27, 2010 - THE TRIBUNE/LEADER 25 the deposit. Rea- J o s h u a Record


SUBSTITUTE TRUSTEE’S


10-sp-1271 NOTICE OF


3631


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: October 11, 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 David A. Simpson, P.C. Substitute Trustee (WL723) 10/21 10/28


NOTICE OF SERVICE OF PROCESS BY PUBLICATION


STATE OF NORTH CAROLINA


In The District Court Before The Clerk In Re Doe


File Number 10 SP 0713


To: Unknown father of the adoptee, a male child, born on June 2, 2009 in Buncombe County, North Carolina,


BUNCOMBE COUNTY


approximate date of conception September 2, 2008. TAKE NOTICE that a Petition for Adoption was filed on May 26, 2010 in the above ref- erenced Special Pro- ceeding. The nature of the relief being sought is as follows: Petition for Adoption of said adoptee by Petitioner. Buncombe County, File Number 10 SP 0713. You are required to file a response and defense to the Petition by December 1, 2010, 41 days after the date of the first publication of this Notice in order to participate in and to received further notice of the proceeding including notice of the time and place of any hearing. Any parental rights of the unknown father shall be terminated upon entry of the Order for Adoption. The name of biological mother of said adoptee, of which the unknown father may know is Becca Woods. Upon your failure to file response and defense, the Petitioner will apply to the Court for the relief sought.


This the 14th day of October, 2010


Robert G. Karriker Attorney for Petitioners 31 College Place Suite D-307 Asheville, North Caro- lina 28801 (828) 252-0127 (WL724) 10/21 10/28 11/4


NORTH CAROLINA, BUNCOMBE COUNTY


Under and by virtue of a Power of Sale con- tained in that certain Deed of Trust executed by JUNIOR HIPPS, A MARRIED PERSON AND WIFE, BETTY CHAR- LENE HIPPS to WILLIAM R. ECHOLS, Trustee(s), which was dated Sep- tember 21, 2005 and recorded on September 26, 2005 in Book 4111 at Page 320, Bun- combe County Registry, North Carolina. Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidenc- ing said indebtedness having directed that the Deed of Trust be fore- closed, the undersigned


FORECLOSURE SALE 10 SP 1336


NOTICE OF


Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county court- house for conducting the sale on November 3, 2010 at 10:00AM, and will sell to the high- est bidder for cash the following described property situated in Buncombe County, North Carolina, to wit: BEGINNING at an exist- ing iron pin at a fence post, said pin being the southeastern corner of the property of Lillian Phillips, said property being described as Lot 7, Plat Book 24 at Page 18, and recorded in Deed Book 1071 at Page 111 of the Bun- combe County Registry; thence from said Begin- ning point the following courses and distances: North 19º 12’ West 59.52 to an iron pin set; thence South 65º 18’ west 65.00 feet to an iron pin set; thence South 19º 44’ west 22.27 feet to an iron pin set; thence South 59º 08’ West 12.92 feet to an iron pin set; thence South 24º 35’ East 35.97 feet to an iron pin set; thence North 65º 04’ East 74.11 feet to the point and place of BEGINNING, containing 0.098 acres as shown on a survey of the prop- erty of Junior L. Hipps and wife, Betty Char- lene Hipps, by Hugh C. Creasman, R.L.S. dated June 1, 1988 Being also a portion of Lot 7, Plat Book 24 at Page 18, Buncombe County Reg- istry. Save and except any releases, deeds of release or prior convey- ances of record. Said property is commonly known as 105 Barker Street, Swannanoa, NC 28778. Third party purchasers must pay the excise tax, and the court costs of Forty- Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1). A cash deposit (no per- sonal checks) of five percent (5%) of the pur- chase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expira- tion of the statutory upset bid period, all the remaining amounts are immediately due and owing. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and convey- ance “AS IS WHERE IS.” There are no repre-


sentations of warranty relating to the title or any physical, environ- mental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assess- ments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowl- edge and belief of the undersigned, the cur- rent owner(s) of the property is/are Scottie Ward. An Order for pos- session of the property may be issued pursu- ant 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. The notice shall also state that upon termi- nation of a rental agree- ment, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Rea- sons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirma- tion of 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 their sole discretion, if they believe the chal- lenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Brock & Scott, PLLC Substitute Trustee By: Jeremy B. Wilkins, NCSB No. 32346 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No.: 10-23007-FC01 ASAP# 3774952 10/21/2010, 10/28/2010 (WL725) 10/21 10/28


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