L AS cn.. EG L o t.


Legals cont...


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 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


Inc.,


COUNTY OF BUNCOMBE


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 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


annexed


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 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


Inc.,


COUNTY OF BUNCOMBE


The Note-


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 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


24 THE TRIBUNE/LEADER - October 28 - November 3, 2010


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 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:


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


Joseph unmarried, Inc.,


COUNTY OF BUNCOMBE


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 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 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,


Inc.,


COUNTY OF BUNCOMBE


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 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:


J o s h u a


Continued on page 25


www.weavervilletribune.com Record


SUBSTITUTE TRUSTEE’S


10-sp-1271 NOTICE OF


3631


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