LEG S cont... AL


Legals cont...


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 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.,


the deposit. Rea-


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, 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


www.leicesterleader.com


FORECLOSURE SALE 10 SP 1336


NOTICE OF


BUNCOMBE COUNTY


of the note evidenc- ing said indebtedness having directed that the Deed of Trust be fore- closed, the undersigned 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


STATE OF NORTH CAROLINA


File No: 10 SP 1235 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 under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: 1. The instrument pur- suant to which such sale will be held is that certain Deed of Trust executed by Stephen H. Feiner and Carole L. Kle, original mortgag- ors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 3792, at Page 549. 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: N/A 2. The property will be sold by the Substi- tute Trustee at 12:15 p.m. on the 9th day of November, 2010 at the Courthouse door in the City of Asheville, North Carolina.


Inc.,


COUNTY OF BUNCOMBE


3. The real property to be sold is generally described as follows: BEING all of Lot 212, Phase II of Reynolds Mountain Subdivision as shown on that plat recorded in Plat Book 92, Page 73 of the Buncombe County, NC Register’s Office; ref- erence to which Plat is hereby made for a more particular description of said Lot. The above described Property is conveyed together with and sub- ject to those certain restrictive covenants recorded in Book 3681, at Page 638, as amended in Book 3722, at Page 239 of the Bun- combe County, NC Reg- ister’s Office. The above described Property is conveyed together with and subject to those ease- ments and rights of way shown on the above- referenced Plat. 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


The Note-


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 the Federal Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 7th day of October, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. A. ROBERT YORK, President PO Box 8942 Asheville, NC 28814 Telephone: 828-777- 5250 (WL726) 10/28 11/4


STATE OF NORTH CAROLINA


File No: 10 SP 1236 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 under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: 10. The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Janice Marie Smith and Mario Gonzalez, both unmar- ried, original mortgag- ors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4518, at Page 726. 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: N/A 11. The property will be sold by the Substi- tute Trustee at 12:15 p.m. on the 9th day of November, 2010 at the Courthouse door in the City of Asheville, North Carolina. 12. The real property to be sold is gener- ally described as Lot 160 Pickens Road, Weaverville, Buncombe County, North Carolina and described as fol- lows: BEING all of Lot 3 as shown on a survey for Donald R. Weaver and wife, Marilyn K. Weaver recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Plat Book 123 at Page 200, reference to which is hereby made for a more particular description. ALSO BEING a portion of that property described in Deed Book4140 at Page 1994, Buncombe County 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 Buncombe County, North Caro- lina Registry, including


Inc.,


COUNTY OF BUNCOMBE


the release of Lot 2, Plat Book 123, at Page 200, said release deed recorded in Book 4548, Page 846, Buncombe County 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 the Federal Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 6th day of October, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. A. Robert York, Presi- dent PO Box 8942 Asheville, NC 28814 Telephone No.: 828- 777-5250 (WL727) 10/28 11/4


STATE OF NORTH CAROLINA COUNTY OF


File No: 10 SP 873 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty and Construction,


Substitute Trustee, has begun proceedings to FORECLOSE under the Deeds of Trust described below, and by under and by virtue of the power of sale con- tained in such Deeds of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auc- tion as follows: 19. The instruments pursuant to which such sale will be held are those certain Deeds of Trust executed by West End Property Management, LLC, original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4140, at Page 892 and Book 4191, at Page 122. 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: N/A 20. The property will be sold by the Substi- tute Trustee at 12:15 p.m. on the 9th 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 gener- ally described as 2498 US Hwy 70, Swan- nanoa, NC 28778, and described as follows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4140, at Page 892 and in Book 4191, at Page 122 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. Lying in Black Moun- tain Township, Bun- combe County, North Carolina, being a tract of 1.736 acres shown on a plat (the “Plat”) entitled “survey of Existing Parcels for: Riverside Business Park, LLC”, prepared by Stephen T. Paul and dated September 30, 2005, and being more particularly described as follows: Beginning at a concrete monument standing at the south- east corner of Riverside Business Park, LLC tract described in the Deed recorded in Bun- combe County Book 2660 at page 45 (the “Riverside Tract”), said concrete monument being the easternmost point of Lot 17 shown on the plat recorded in Buncombe County Plat Book 26 at page 118 (the “Recorded Plat”) and said beginning corner standing South 80 deg. 34 min. 14 sec. West 2,501.32 feet from NC Grid Monument “BI- LO”; and running thence with the Morris line described in the deed recorded in Buncombe County Book 2055 at page 437 and with the eastern line of said Lot 17, South 4 deg. 49 min. West 232.09 feet to a point standing in the edge of pavement, the southeast corner of said Lot 17; thence with said edge of pave-


Inc., BUNCOMBE


ment, South 76 deg. 14 min. West 306.84 feet to a point at the easternmost corner of the 0.568 acre parcel (the “.568 Acre Parcel”) shown on the Plat; thence with the eastern line of the .568 Acre Parcel, North 13 deg. 46 min. West 220 feet to a rebar in the south- ern line of the Riverside Tract, said rebar the “Drive Point”; thence with the southern line of the Riverside Tract, North 76 deg. 14 min. 6 sec. East 380.8 feet to the beginning. Sub- ject to a non-exclusive appurtenant perpetual easement and right of way over the western- most 38.4 feet of the above described tract in order to provide utility, pedestrian and vehicu- lar ingress, egress and regress to and from the Riverside Tract and the .568 Acre Parcel, but together with an appur- tenant perpetual, non- exclusive easement and right of way for utility, pedestrian and vehicu- lar ingress, egress and regress to and from said 1.736 acre tract and U.S. Highway 70 over the 40’ R/W shown on the Plat (38.4 feet of which is located within the bounds of the 1.736 Acre Parcel) and which 40’ R/W is more par- ticularly described as follows: Beginning at the Drive Point and run- ning North 76 deg. 14 min. 6 sec. East 38.4 feet to a point; thence South 13 deg. 46 min. East 220 feet to a point in the former edge of pavement of U.S. Highway 70, as shown on the Recorded Plat; thence with said edge of pavement, South 76 deg. 14 min. West 40 feet to a point; thence North 13 deg. 46 min. West 220 feet to a point in the southern line of the Riverside Tract; thence with said line North 76 deg. 14 min. 6 sec. East 1.6 feet to the beginning. The forego- ing easement is appur- tenant to and useable for access to and from the 1.736 Acre Parcel, but access thereover to the Riverside Tract, while an appurtenance to both the .568 Acre Parcel and the River- side Tract, may not be used by the owner of the said 1.736 acre tract for any entrance into or passage through any portion of the Riv- erside Tract. Grantee, by acceptance hereof, agrees to allow the entrance to the 40’ R/W at U.S. Highway 70 to be flared if so required by the N.C.D.O.T. in order to permit access to said Highway. Any property described in the Deeds 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 Deeds 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 Deeds 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 12th day of October, 2010.


RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, Presi- dent P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL728) 10/28 11/4


FORECLOSURE SALE NORTH CAROLINA, BUNCOMBE COUNTY 10SP1203


Under and by virtue of a Power of Sale con- tained in that certain Deed of Trust executed by Sulphur Springs Development to Jie Wu., Trustee(s), dated March 12, 2009, and recorded in Book 4658, Page 610, Buncombe County Registry, North Carolina.


having been made in the payment of the note thereby secured by the


Continued on page 26


October 28 - November 3, 2010 - THE TRIBUNE/LEADER 25 Default NOTICE OF


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