LEG S cont... AL


Legals cont...


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 18th 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 (WL735) 11/4 11/11


3891 / 10-SP-1151 NOTICE OF


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and author- ity contained in that certain Deed of Trust executed and delivered by Clayton E. Ponder Jr. and Karen Ponder, dated November 8, 2005 and recorded on November 10, 2005, in Book No. 4135, at Page 705 and modified on July 10, 2008, in Book No. 4703, at Page 158 in the Office of the Reg- ister of Deeds of Bun- combe County, North Carolina; and because of default in the pay- ment of the indebted- ness secured thereby and failure to carry out and perform the stipu- lations and agreements contained therein and, pursuant to demand of the holder of the indebt- edness secured by said


SUBSTITUTE TRUSTEE’S


The Note-


Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Buncombe County Courthouse, Asheville, North Caro- lina on November 16, 2010 at 10:00 AM that parcel of land, includ- ing


thereon, situated, lying and being in the City of Weaverville, County of Buncombe, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 26 Rose Briar Cir, Weaverville, NC 28787 Tax Parcel ID: 9744-83-6430-00000 Present Owners:


E. Ponder Jr. and Karen Ponder 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


www.leicesterleader.com the deposit. Rea- C l a y t o n Record improvements


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 25, 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 (WL736) 11/4 11/11


NOTICE TO CHANGE THE LOCATION OF AN OFFICE


This is to inform the public that under 12 C.F.R. Section 545.93 of the Regulations of the Office of Thrift Supervi- sion (OTS), HomeTrust Bank, whose home office is located at 8583 Carolina Bou- levard, Clyde, North Carolina 28721, intends to change the loca- tion of a branch office from 76 North Main Street, Weaverville, NC 28787, to 5 Northridge Commons Parkway, Weaverville, NC 28787. Anyone may submit written


within 30 calendar days of the date of publi- cation of this notice. The comment must be sent simultaneously to the Regional Director, Office of Thrift Super- vision, 1475 Peachtree Street, N.E., Atlanta, Georgia 30309, and to the attention of the Chief Financial Officer of HomeTrust Bank, 10 Woodfin Street, P.O. Box 10, Asheville, North Carolina, 28802-0010. Written comments in opposition to the relo- cation should address the regulatory basis for denial of such applica- tion, and be supported by the information specified in 12 C.F.R. Section 516.120(a). You may request a meet- ing on such application by including a written request for a meeting with your comment to OTS. Your request should describe the nature of the issues or facts to be discussed and the reasons why written submissions are insufficient to ade- quately address these facts or issues. OTS will grant a meeting request only when it finds that written submis- sions are insufficient to address the facts or issues raised, or other- wise determines that a meeting will benefit its decision making pro- cess. You may view the non-confidential portions of all com- ments filed with OTS by contacting the OTS Regional Office listed above. This information is available for public viewing at the appropri- ate OTS Regional Office during regular business hours. If you have any


comments


questions concerning these procedures, con- tact the OTS Regional Office at (404) 974- 9620. HomeTrust Bank (WL737) 11/4


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE 10 SP281


FORECLOSURE SALE


Under and by virtue of a Power of Sale con- tained in that certain Deed of Trust executed by Larry L. Freeman to Trste, Inc., dated June 13, 1997 and recorded in Book 1830, at Page 83 in the Buncombe County, North Caro- lina Registry, (See the Substitution of Trustee appointing the under- signed as Substitute Trustee in Book 4828 at Page 1458) the undersigned Substitute Trustee declares as follows: There is a default by the Owner or other person(s) owing an obli- gation, the performance of which is secured by said Deed of Trust, or by their successor in interest, with respect to provisions therein which authorize sale in the event of default of such provision; and the undersigned as Sub- stitute Trustee, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Buncombe County, North Caro- lina, and the Owner and Holder of the Note evidencing said indebt- edness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the Buncombe County Courthouse door or other usual and customary loca- tion as designated by the Clerk’s Office on November 16, 2010, at 4:00 p.m., and will sell to the highest bidder for cash the following described real property situated in Buncombe County, North Carolina, to wit: BEING all of Lot 5, of Block L of Section 3 of Oak Forest as shown on a plat thereof recorded in Buncombe County Plat Book 31, at Page 116, and being the same real property described in that deed dated June 27, 1975, and recorded in the Buncombe County Registry in Deed Book 1121, at Page 749 . To the best of the knowledge and belief of the undersigned, the current owner of the property is Larry L. Freeman and wife, Doris P. Freeman. Third party purchasers must pay the excise tax, and the court costs of forty-five cents (45¢) per one hundred dollars ($100.00), up to a max- imum of $500.00. A cash deposit (cashier’s check or certified funds, no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dol- lars ($750.00), which- ever is greater, will be required at the time of the sale. Following the expiration of the statu- tory upset bid period, all of the remaining amounts are immedi- ately due and owing. Should the foreclosure


NOTICE OF


action be dismissed or any portion have to be redone for any reason, the bid deposit will be returned to the third party bidder and no other remedies will be able to be asserted. The third party bidder acts upon their own risk if they expend any funds in favor of the foreclosed property prior to the receipt of a deed from the Substi- tute Trustee. Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining princi- pal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. 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, special assessments, and encumbrances of record as well as any subordination agree- ments of record at the time of the filing of this action. 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 day written notice to the landlord. Upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement pro-rated to the effective date of the termination period.


Date: 10/26/2010


Jonathan C. Parce, Substitute Trustee PO Box 608 Hendersonville, NC 28793 (WL738) 11/4 11/11


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE


In the Matter of the Foreclosure of the Deed of Trust executed by Robert W. Thomson and Phyllis D. Thomson, Grantor, to Southland Associ- ates, Inc., Original Trustee, As recorded in Book 4363, Page 1644 of the Buncombe County Public Registry. See Substitution of Trustee which Substi- tutes Marjorie R. Mann as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 4812,


Page 1918 of the Buncombe County Public Registry. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVI- SION 10-SP-1284 NOTICE OF SUBSTI- TUTE TRUSTEE’S FORECLO- SURE SALE OF REAL PROP- ERTY Pursuant to the power and authority con- tained in the Deed of Trust from Robert W. Thomson and Phyllis D. Thomson to Southland Associates, Inc. (the “Original Trustee”) for the benefit of SunTrust Bank recorded in Book 4363, Page 1644 of the Buncombe County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described as follows, together with all rights, privileges and appurtenances thereto (the “Property”): Being all of Lot 43 as shown on that plat recorded in Plat Book 108, at Page 94, of the Buncombe County, NC Register’s Office; ref- erence to which Plat is hereby made for a more particular description of said Lot. Together With and Subject to those ease- ments and rights of way shown on the above- referenced Plat. Together with and Subject To that Decla- ration of Tenns, Condi- tions, Restrictions and Protective Covenants for Grand Highlands and Waterford Lakes recorded in Book 4346, at Page 1517, of the Buncombe County, NC Register’s Office. And being a portion of that property described in deed recorded in Book 4346, at Page 1515, of the Buncombe County, NC Register’s Office. The record owners of the Property as reflected by the records of the Register of Deeds of Buncombe County not more than ten (10) days prior to the post- ing of this Notice were Robert W. Thomson and Phyllis D. Thomson. The Property will be sold subject to any and all matters supe- rior to the lien of the Deed of Trust, includ- ing without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable, easements and restric- tions of record; and (d) matters which would be revealed by a current and accurate survey of the property. The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust, nor the officers, directors, attorneys, employees, agents or authorized representatives


either the Substitute Trustee or the holder of the Note make any rep- resentation or warranty relating to the title or any physical, environ- mental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabilities arising out of or in any way relating


of


to any such conditions expressly are dis- claimed. Pursuant to North Caro- lina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00).


cessful bidder shall be Any suc-


required to tender the full balance of the pur- chase price so bid in cash or certified check at the time the Substi- tute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sec- tions 45-21.30(d) and (e). In addition to the


purchase price so bid any successful bidder will also be responsible for payment of rev- enue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale. The sale will be held open for ten (10) days for upset bids as by law required. DATE OF SALE: NOVEMBER 15, 2010 HOUR OF SALE: 11:00 a.m. PLACE OF SALE:


Buncombe County Courthouse


This the 14th day of October, 2010.


/s/Marjorie R. Mann Marjorie R. Mann, Esq. Roberts & Stevens, P.A. BB&T Building, Suite 1100 One West Pack Square Asheville, North Caro- lina 28801 Telephone: (828) 252- 6600 (WL739) 11/4 11/11


17th annual craft bazaar Te 17th annual Christmas Craft Bazaar will be held from noon to 7


pm on Nov. 12 and 9 am to 3 pm on Nov. 13 in the fellowship hall of the Weaverville United Methodist Church. More than 25 vendors will be sell- ing unique, one-of-a-kind items. Santa Claus will visit with the children. Te Missions Committee of Weaverville United Methodist Church spon- sors the event. For information, call 645-2367.


Flowers for All Occasions


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Mon-Fri.-8-5:30 – Sat 8-12 • Closed Sunday 828-645-6666 or 252-2254 November 4 - November 10, 2010 - THE TRIBUNE/LEADER 25


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