Asheville/Weaverville 277-1760 Hendersonville 697 - 2932


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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 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 corporations 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.


of of


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


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


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 Alesksandr Fedun a/k/a Alex Fedun a/k/a Aleksandr Fedun wife, and Valentina Fedun, dated June 25, 2007 and recorded in the Office of the Reg- ister of Deeds of Bun- combe County, North Carolina, recorded on July 5, 2007, in Book 4430 at Page 1497; 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 owner and holder of the indebt- edness secured by said 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, in Asheville, North Caro- lina at 10:00 AM on Tuesday, November 23, 2010, that parcel of land, including improve- ments thereon, situ- ated, lying and being in the City of Fairview, County of Buncombe, State of North Carolina, and being more par- ticularly described as follows: BEING ALL of Lot 1, of the Willows Subdivi- sion, as shwn on a plat of record in the Bun- combe County, North


4806.0003488 09-SP-1265


Carolina Register of Deeds Office, said plat being recorded at Plat Book 100 at Page 138, reference to which is hereby made for a more particular description. BEING ALSO a por- tion of the property described in Deed Book 3821, at Page 173 of the aforesaid County Register’s Office. Address of property: 49 Willow Farm Road, Fairview, NC 28730 Present Owners:


sandr Fedun a/k/a Alex Fedun a/k/a Aleksandr Fedun 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 his sole discretion, if he believes the chal- lenge 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


24 THE TRIBUNE/LEADER - November 18 - November 24, 2010 the deposit. Rea- A l e s k- Record


T I U E L AS RB N EG L


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: November 9, 2010


David A. Simpson, P.C. Substitute Trustee (704) 619-6551 Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL740) 11/11 11/18


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 Colleen Piazza and Michael J. Piazza, dated April 11, 2007 and recorded on April 13, 2007, in Book No. 4389, at Page 959 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 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 23, 2010 at 10:00 AM that parcel of land, includ- ing


thereon, situated, lying and being in the City of Asheville, County of Buncombe, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 30 Apple Tree Way, Asheville, NC 28805 Tax Parcel ID: 9761-60-8511.00000 Present Owners:


Piazza and Michael J. Piazza 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


C ol l ee n Record improvements


SUBSTITUTE TRUSTEE’S


10-SP-1251 NOTICE OF


1918


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: November 1, 2010


Posted: Witness: Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C. Substitute Trustee (WL741) 11/11 11/18


NORTH CAROLINA, BUNCOMBE COUNTY


Under and by virtue of a Power of Sale con- tained in that certain Deed of Trust executed by THOMAS E. HONEA AND WIFE, VIRGINIA A. HONEA to WILLIAM R ECHOLS, Trustee(s), which was dated June 25, 2007 and recorded on June 29, 2007 in Book 4427 at Page 1438, 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, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust, and the holder 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


Default


FORECLOSURE SALE 10 SP 926


NOTICE OF the deposit. Rea-


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 24, 2010 at 11:30AM, and will sell to the high- est bidder for cash the following described property situated in Buncombe County, North Carolina, to wit: In Fairview Town- ship BEGINNING at an iron pin located at the common corner of Lots 17, 18 and 20 as set forth on a plat of Sec- tion 1 of Sugar Hollow Development Company Property, which plat is recorded in Plat Book 28 at Page 33, Bun- combe County Regis- try; and runs thence with the common line between Lots 17 and 18, North 67º 25’ West 513.24 feet to a stake at the common corner of Lot 17, 18, 12 and 15 as set forth on said plat; thence with the common line between Lots 12 and 15, the fol- lowing two courses and distances, to-wit: North 51º 50’ West 134.96 feet and North 73º West 74.67 feet to stake at the Southeast corner of Lot 10 of said Sec- tion and Plat; thence with the common line between Lots 10 and 15, North 14º 03’ 43” East 263.33 feet to an iron pin at the South- east corner of Lot 11 of said Section and Plat; thence with the Eastern line of Lot 11, North 06º 54’ 26” West 155.55 feet to a stake; thence North 78º 07’ 17” East 104.20 feet to a stake at the Southwest corner of Lot 14 as set forth on a plat of Sugar Hollow Development Company, Block C, Section 2, which plat is recorded in Plat Book 30 at Page 17, Buncombe County Registry; thence with the common line between Lots 14 and 14-A of said Last men- tioned plat, North 32º 55’ 28” East 152.21 feet to an iron pin in a branch; thence with the lines of the Edward C. Porter Property, the fol- lowing four courses and distances, to-wit: North 78º 06’ 39” East 82.33 feet; South 62º 53’ 21” East 91.35 feet; South 67º 23’ 21” East 153 feet; and North 32º 42’ 25” East 138.38 feet to a stake; thence South 15º 38’ 06” East 49.01 feet to a stake; thence on a curve to the left on a radius of 160 feet, an are distance of 254.48 feet to a stake in the Western line of Lot 1 as set forth on a plat recorded in Plat Book 30 at Page 17; thence with the Western line of Lot 1, South 19º 18’ 56” East 70.81 feet to a stake, Northwest corner of Lot 22 as set forth on said last men- tioned plat; thence with the Western line of Lot 22, South 19º 39’ West 229.98 feet to a stake; thence North 86º 53’ 01” West 198.13 feet to a stake at the Northeast corner of Lot 17 as set forth on a plat recorded in Plat Book 28 at Page 33; thence with the common line between Lots 17 and 20, South 09º 30’ East 476.88 feet to the point of BEGINNING. TOGETHER WITH AND SUBJECT TO the benefits and bur-


dens of a right of way for access to and from Sugar Hollow Road (SR 2813) upon an exist- ing driveway as shown on a plat recorded in Plat Book 28. Page 33 and described in Deed Book 2131, Page 419. Save and except any releases, deeds of release or prior convey- ances of record. Said property is commonly known as 237 Sugar Hollow Road, Fairview, NC 28730. 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 knowledge and belief of the undersigned, the current owner(s) of the property is/are Thomas E. Honea and wife, Viginia A. Honea. 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. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement pro- rated 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.: 10-15812-FC01 ASAP# 3788210 11/11/2010, 11/18/2010 (WL742) 11/11 11/18


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 Nicole A. Page, dated September 24, 2007 and recorded on September 25, 2007, in Book No. 4467, at Page 646 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 30, 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: 10 Chinaberry Lane, Candler, NC 28715 Tax Parcel ID: 8697-63-7013-00000 Present Owners:


Page 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


Nicole A. Record


SUBSTITUTE TRUSTEE’S


10-SP-1394 NOTICE OF


5124


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 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 on May 20, 2009.


Dated: November 8, 2010


David A. Simpson, P.C., Substitute Trustee By: Rogers Townsend & Thomas, PC Attorneys for David A. Simpson, P.C., Substi- tute Trustee 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 704-442-9500 (WL743) 11/11 11/18


STATE OF NORTH CAROLINA


File No: 10 SP 38 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: 1. The instrument pur- suant to which such sale will be held is that certain Deed of Trust executed by Commer- cial Marketplace, Inc., original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust


www.weavervilletribune.com Inc.,


COUNTY OF BUNCOMBE


the deposit. Rea-


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