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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 Thelma S. Duck, 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 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


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 corporations 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 corporations 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 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


www.leicesterleader.com of Lanning,


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- 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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Co-Executor of the Estate of Sandra Lacour, 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 14th 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 11th day of November, 2010


of


Suzanne Lacour, Co- Executor Estate of Sandra Lacour 198 McKinney Road Weaverville, NC 28787 Gregg Lacour, Co- Executor Estate of Sandra Lacour 401 Paint Fork Road Barnardsville, NC 28709 (WCN696) 11/11 11/18 11/25 12/2


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Administratrix of the Estate of Bettie Jane Wagoner, 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 14th 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 11th day of November, 2010


Linda R. Harrower, Administratrix Estate of Bettie Jane Wagoner 550 Ramsey Snelson Road Marshall, NC 28753 (WCN697) 11/11 11/18 11/25 12/2


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Administratrix of the Estate of Larry Keith Yelton, 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 14th 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 11th day of November, 2010


Frankie L. Marshbanks, Administratrix Estate of Larry Keith Yelton 154 Kennedy Road Weaverville, NC 28787 (WCN698) 11/11 11/18 11/25 12/2


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 said Deed of Trust and the undersigned, having


Default


FORECLOSURE SALE NORTH CAROLINA, BUNCOMBE


NOTICE OF


T I U E L AS RB N EG L


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 Carolina, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Sub- stitute Trustee will offer for sale at the Court- house Door in Bun- combe County, North Carolina, at 10:00AM on November 16, 2010, and will sell to the high- est bidder for cash the following described property, to wit: Being The property being sold hereunder is known as 22 Sulphur Springs Rd, Asheville, NC 28806, and BEING all of that recorded in Book 4685, Page 610 of the Bun- combe County Regis- ter’s Office. A deposit of five percent (5%) of the bid, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expira- tion of the statutory upset bid period, all the remaining amounts will be 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, special assessments, land transfer taxes, if any, and encumbrances of record. To the best of the knowledge and belief of the under- signed, the current owner of the property is Sulphur Springs Devel- opment, LLC.


ISSUED October 20, 2010


Dongping Han, Substi- tute Trustee WWC Box, Asheville, NC 28815 828-299-7035 (WL729) 10/28 11/4 11/11


AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S


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 Michael K. Cline and Karen L. Cline, dated July 5, 2005 and recorded on July 11, 2005, in Book No. 4071, at Page 1985 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 Deed of Trust, the undersigned Substitute


10-SP-171 5542


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 Swannanoa, County of Buncombe, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 68 White Wolf Trail, Swannanoa, NC 28778 Tax Parcel ID: 9781-41-9080-0000 Present


Owners: Mi c h ael K. Cline and Karen L. Cline 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


the deposit. Rea- 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 8, 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. Substitute Trustee 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704) 442-9500 (WL730) 11/4 11/11


UNCLAIMED PROPERTY


The following is a list of unclaimed and con- fiscated property at the Buncombe County Sheriff’s Office: elec- tronic


cameras; clothing; lawn and garden equipment; computer equipment; personal items; tools; weapons (including firearms); automotive


building supplies; bikes and other miscella- neous items. Anyone with a legitimate claim or interest in this prop- erty has 30 days from the date of this publica- tion to make a claim. Unclaimed items will be disposed of accord- ing to statutory law. For further


or to file a claim, con- tact M.T. Hricinak, 828-250-4465. NOTICE OF DISPOSI- TION The following is a list of unclaimed and con- fiscated property at the Buncombe County Sheriff’s Office tagged for disposition: audio and video equipment; cameras; clothing; lawn and garden equipment; computer equipment; personal items; tools; weapons(including fire- arms); jewelry; auto- motive items; building supplies; bikes and other miscellaneous items. All items will be disposed of 30 days from posted date. (WL731) 11/4 11/11


FORECLOSURE SALE OF REAL PROPERTY 10 SP 1314


Under and by virtue of the power and author- ity contained in that certain Deed of Trust, dated June 9, 2008, and recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4577 at Page 1558, and because of default having been made in the payment of the indebtedness secured by said Deed of Trust and failure to do and perform the stipu- lations and agreements therein contained, and pursuant to demand of the Owner and Holder


SUBSTITUTE TRUSTEE’S


NOTICE OF information,


jewelry; items;


equipment; NOTICE OF


of the indebtedness secured by said Deed of Trust, the Substitute Trustee, Seth Mullinax, will expose for sale at public auction to the highest bidder for cash the property therein described, to wit: See attached Exhibit A incorporated herein by reference. Present Record Owner: Zona Lofts, LLC The terms of said sale are that the real property hereinbefore described will be sold for cash to the high- est bidder and that the undersigned may require the success- ful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substi- tute Trustee tenders the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable as provided in N.C.G.S. § 45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid. The real property described in the attached Exhibit “A” will be sold subject to any and all superior liens, including taxes, special assessments, rightof- ways, and restrictions of record.


erty, together will all buildings, fixtures and improvements thereon, is being sold “as is, where is” without war- ranty. The Owner and Holder of the Note and Deed of Trust reserves the right to withdraw this Notice of Sale, without cause, until the date and time of final transfer of the property. The sale will be held open for ten (10) days for upset bids as by law required. Date and hour of sale: November 15, 2010 at 11:00 a.m. Place of sale: Buncombe County Courthouse Steps, Asheville, North Caro- lina.


This the 14th day of October, 2010.


By: /s/Seth Mullinax Seth Mullinax Substitute Trustee 450 Windswept Ridge Rd. Canton, NC 28716 POSTED BY:/s/MRM DATE: 10/14/10 EXHIBIT “A” BEING ALL OF that tract shown as “Chrysler Building, LLC, PIN: 9648-06-38-3196, db 4158 PG 1431 (POR- TION OF TR. 3), PB 112 PG 121, PB 12, PG 84 (LOTS 54-57, POR. OF 58) 0.341 ACRES, (14,844 SQ. FT.)” on that plat recorded in Plat Book 114, at Page 12 in the Office of the Register of Deeds for Buncombe County, North Carolina, refer- ence to which is hereby made for a more par- ticular description. BEING ALSO all of that


The prop-


property described in that deed recorded in Deed Book 4471, at Page 880 in the Office of the Register of Deeds for Buncombe County. TOGETHER WITH AND SUBJECT TO all rights of way, restrictions and easements of record. (WL732) 11/4 11/11


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE


In the Matter of the Foreclosure of the Deed of Trust executed by John T. Dowden, Leslie B. Dowden and J & L Properties, LLC, Grantor, to Trste, Inc., Original Trustee, As recorded in Book 4153, Page 1589 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 4809, Page 663 of the Bun- combe County Public Registry. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVI- SION 10-SP-1283 NOTICE OF SUBSTI- TUTE TRUSTEE’S FORECLO- SURE SALE OF REAL PROP- ERTY Pursuant to the power and authority contained in the Deed of Trust from John T. Dowden, Leslie B. Dowden and J & L Properties, LLC to Trste, Inc. (the “Original Trustee”) for the ben- efit of Wachovia Bank, National Association recorded in Book 4153, Page 1589 of the Bun- combe 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 appur- tenances thereto (the “Property”): Being all of Lot 180, Phase Two-D (High Meadows) of The Cliffs at Walnut Cove as shown on that plat recorded in Plat Book 100, at Page 141 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 restrictive covenants of record, including but not limited to those recorded in Book 2856, at Page 7, in Book 2856, at Page 114, in Book 3919, at Page 123, in Book 3958, at Page 869, in Book 4108, at Page 1312, and all amend- ments thereto, of the Buncombe County, NC Register’s Office. Together With and Subject To those ease- ments and rights of way shown on the above- referenced Plat. And being a portion of that property described in deed recorded in Book 3919, at Page 119 of the Buncombe County, NC Register’s Office. The record owner 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 posting of this Notice was J & L Properties, LLC. 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 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 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, Sub- stitute Trustee Roberts & Stevens, P.A. BB&T Building, Suite 1100 One West Pack Square Asheville, North Caro-


Continued on page 24 November 11 - November 17, 2010 - THE TRIBUNE/LEADER 23 Any suc- of


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