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Asheville/Weaverville 277-1760 Hendersonville 697-2932


Legals


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


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


This the 14th day of October, 2010.


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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


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


This the 14th day of October, 2010


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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


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


This the 14th day of October, 2010


Billy R. Stowe, Executor Estate of Charles W. Stowe 19 Robin Lane Weaverville, NC 28787


(WCN685) 10/14 10/21 10/28 11/4


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


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


Dated this day of Octo- ber 14, 2010


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


BEFORE THE CLERK FILE 10E001393


IN THE MATTER OF THE ESTATE OF EUGENE G.


PATTERSON AKA E.G. PATTERSON, Deceased NOTICE TO


CREDITORS AND DEBTORS


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


This the 14th day of October, 2010.


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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


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


www.leicesterleader.com


NORTH CAROLINA BUNCOMBE COUNTY


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


All persons, firms and corporations indebted to said estate will make immediate payment.


This the 21st day of October, 2010


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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


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


This the 21st day of October, 2010


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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


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


This the 21st day of October, 2010


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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Administrator CTA of the Estate of Mabel Rodgers


deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 24th day of January, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and


Lanning,


corporations indebted to said estate will make immediate payment.


This the 21st day of October, 2010


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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Administratrix


the Estate of James Benjamin Carpen- ter, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 5th day of February, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 28th day of October, 2010


Debra G. Carpenter, Administratrix Estate of James Benja- min Carpenter 16 Silver Long Road Asheville, NC 28806 (WCN692) 10/28 11/4 11/11 11/18


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executrix of the Estate of Nancy Nelle Lance Hanover, deceased, late of Buncombe County, North Carolina, this is to notify all per- sons, firms and corpo- rations having claims against said deceased to exhibit them to the undersigned on or before the 5th day of February, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 28th day of October, 2010


Barbara Davis, Execu- trix Estate of Nancy Nelle Lance Hanover 2448 Long Sandy Circle Merritt Island, FL 32952 William T. Biggers Biggers & Associates, PLLC 79 Woodfin Place, Suite 211 Asheville, NC 28801 (WCN693) 10/28 11/4 11/11 11/18


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Administratrix


the Estate of Clar- ence Robert White Jr., deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora-


of of


T I U E L AS RB N EG L


tions having claims against said deceased to exhibit them to the undersigned on or before the 11th day of February, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 4th day of November, 2010


Judith R. White, Admin- istratrix Estate of Clarence Robert White Jr. 26 Whipporwill Drive Weaverville, NC 28787 (WCN694) 11/4 11/11 11/18 11/25


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executrix of the Estate of Christine H. Souther, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corpora- tions having claims against said deceased to exhibit them to the undersigned on or before the 11th day of February, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 4th day of November, 2010


Kay P. Dechant, Execu- trix Estate of Christine H. Souther 2 Hawk View Drive Asheville, NC 28804 (WCN695) 11/4 11/11 11/18 11/25


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


BUNCOMBE COUNTY


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


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. 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


Inc.,


COUNTY OF BUNCOMBE


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- 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


Inc.,


COUNTY OF BUNCOMBE


The Note-


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 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


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


Inc.,


COUNTY OF BUNCOMBE


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- 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


November 4 - November 10, 2010 - THE TRIBUNE/LEADER 23


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