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 Co-Executor of the Estate of Sandra Lacour, 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 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-Exec- utor 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 corporations 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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Co- Executors of the Estate of Anton F. Felthaus, 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 25th 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 25th day of November, 2010


Anton K. Felthaus, Co- Executor Estate of Anton F. Felthaus 460 Rice Hope Dr. Mt. Pleasant, SC 29464 Thomas J. Felthaus, Co- Executor Estate of Anton F. Felthaus 228 O Henry Avenue PO Box 2277 Davidson, NC 28036 (WCN699) 11/25 12/2 12/9 12/16


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executor of the Estate of Dale A. Boggs, 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 25th 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 25th day of November, 2010


David Boggs, Executor Estate of Dale A. Boggs 268 Green Valley Road Leicester, NC 28748 (WCN700) 11/25 12/2 12/9 12/16


BEFORE THE CLERK FILE 10-E-001557


Jordan Thurlow Jack Deceased NOTICE TO


CREDITORS AND DEBTORS


Having qualified as Administrator of the Estate of Jordan Thur- low Jack, deceased, late of Buncombe County, North Caro- lina, this is to notify all person, firms and cor- porations having claims against the said Estate to present such claims to the undersigned on or before February 24,


www.leicesterleader.com


IN THE MATTER OF THE ESTATE OF


NORTH CAROLINA BUNCOMBE COUNTY


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


This the 2nd day of December, 2010


Alan Morse Johnson, Administrator Estate of Mary Louise Johnson 76 Jump Cove Road Weaverville, NC 28787 (WCN703) 12/2 12/9 12/16 12/23


BUNCOMBEIN THE GENERAL COURT OF JUSTICE


COURT OF JUSTICE Before the Clerk 10SP1393


In the matter of the Foreclosure of the Deed of Trust of JASON C. ELKINS and wife, JENNIFER G. ELKINS,


IN THE GENERAL


STATE OF NORTH CAROLINA COUNTY OF


2011, or this Notice will be pleased in the bar of their recovery. All per- sons indebted to said Estate will please make immediate payment.


This the 25th of Novem- ber, 2010.


Administrator, E. Griffin Jack Samples Estate of Jordan Thur- low Jack c/o Allen B. Koenig Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN701) 11/25 12/2 12/9 12/16


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE


NOTICE TO CREDITORS


Having qualified as Executor of the Estate of Alda Peek Boone, 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 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 25th day of November, 2010


Charles Kermit Cole, Executor Estate of Alda Peek Boone 20 South College Street Weaverville, NC 28787 (WCN702) 11/25 12/2 12/9 12/16


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Administrator of the Estate of Mary Louise Johnson, 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 10th day of March, 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.


Owner, To EDWARD B. KRAUSE, Trustee. As recorded in Deed of Trust Book 4419 at Page 1146 of the Buncombe County Registry. NOTICE OF TRUSTEE’S SALE OF REAL ESTATE Under and by virtue of the power and author- ity contained in that certain Deed of Trust executed and delivered by Jason C. Elkins and wife, Jennifer G. Elkins, dated June 11, 2007, and recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Deed of Trust Book 4419 at Page 1146 and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursu- ant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursu- ant to the Order of the Clerk of Superior Court for Buncombe County, North Carolina, entered in this foreclo- sure proceeding, the undersigned, Edward B. Krause, Trustee, will expose for sale at public auction on the 7th day of


, 2010, at 10:00 a.m. o’clock on the steps of the Buncombe County Courthouse, Asheville, North Carolina, the following-descr ibed real property (includ- ing the house and any other improvements thereon): BEING all of Lot 28, Section 3, MC Acres recorded in Plat Book 76 at Page 159 of the Buncombe County Reg- istry, reference to which is made for a more par- ticular description. Being the same prop- erty as conveyed by deed recorded in Deed Book 4367 at Page 1099,


County Registry. Property address: 114 Cordella Road, Candler, NC 28715 The sale will be made subject to all prior liens, unpaid taxes, restric- tions and easements of record and assess- ments, if any. The record owner of the above-described real property as reflected on the records of the Buncombe County Register of Deeds not more than ten (10) days prior to the posting of this Notice are Jason C. Elkins and Jennifer G. Elkins. Pursuant to North Car- olina General Statute 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the undersigned Trustee immediately


conclusion of the sale a cash deposit of ten percent (10%) of the bid up to and includ- ing One Thousand Dollars ($1,000.00) plus five percent (5%) of any excess over One Thousand Dollars ($1,000.00). Any suc- cessful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the undersigned Trustee tenders to him


upon Buncombe December


T I U E L AS RB N EG L


a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full bal- ance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statute 45-21.30(d) and (e). This sale will be held open ten (10) days for upset bids as required by law.


This the September, 2010. 29th day of


EDWARD B. KRAUSE, Trustee 96 Central Avenue Asheville, NC 28801 (828) 258-0220 (WL747) 11/25 12/2


STATE OF NORTH CAROLINA


File No: 10 SP 1212 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 West Ends Industries, Inc., Robert A. Burpeau and Jan H. Bureap, original mort- gagors, and recorded in the Office of the Buncombe County Reg- ister of Deeds in Deed of Trust Book 2543, at Page 882. The record owner of such prop- erty, 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 mortgagors, is: N/A 2. The property will be sold by the Substi- tute Trustee at 10:15 P.M. on the 7th day of December, 2010 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is gener- ally described as 1315 U.S. Highway 70, Black Mountain, North Caro- lina, and described as follows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 2543, at Page 882 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. TRACT ONE: Being all of Lots 8 & 9, Property of Callie Gil- bert shown on that plat recorded in Plat Book 21, at Page 90 of the Buncombe County, NC Register’s Office; refer- ence to which is hereby made and incorporated for a more particular description of said property. And being property described in Deed Book 1513, at Page 419, of the Buncombe County, NC Register’s Office, reference to which is hereby made and incor- porated.


Inc.,


COUNTY OF BUNCOMBE


Any property described in the Deed of Trust which is not being offered for sale is described as follows: N/A. 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 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 5th day of November, 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 (WL748) 11/25 12/2


10-SP-1332 NOTICE OF SUBSTITUTE


4760 The Note-


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 Christo- pher D. Fox, dated April 28, 2004 and recorded on April 29, 2004, in Book No. 3626, at Page 468 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 December 7, 2010 at 10:00 AM 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 partic- ularly described in the above referenced Deed of Trust. Address of property: 129 Samantha Drive, Fairview, NC 28730 Tax Parcel ID: 9685-98-2383-00000 Present Owners:


pher D. Fox 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


the deposit. Rea- Chri s to - Record TRUSTEE’S


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 15, 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 (WL749) 11/25 12/2


Public Notice


In accordance with Town of Woodfin Code of Ordinance, the Town of Woodfin will hold a public hearing on a proposed major subdi- vision located adjacent to the Crest Center and corresponding to Bun- combe County parcel identification num- bers: 9629-66-1345 and 9629-67-2982 on December 6, 2010 at 6:30 PM. The proposed subdivision would be located on land known as the Orchard and would consist of approximately 60 single family home sites located on this 21.82 acre site. Interested citizens are encouraged to attend this meeting and or review plans for the development prior to the meeting. Inquires regarding this matter can be made at 253-4887 or to jasony- oung@woodfin-nc.gov. (WL752) 11/25 12/2


FORECLOSURE SALE 10 SP 787 NORTH


CAROLINA, BUNCOMBE COUNTY


Under and by virtue of a Power of Sale con- tained in that certain Deed of Trust executed by LAWRENCE CORELL AND PATRICIA L CORELL, husband and wife to Peltz Law Firm, Trustee(s), which was dated July 16, 2007 and recorded on July 16, 2007 in Book 4435 at Page 1424, Bun- combe County Registry, North Carolina. Default having been made in


NOTICE OF


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 foreclosed, the under- signed


Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and cus- tomary location at the county courthouse for conducting the sale on December 6, 2010 at 10:00AM, and will sell to the highest bidder for cash the follow- ing described property situated in Buncombe County, North Caro- lina, to wit: BEING all of Lot 5 of Chunn’s Cove Estates, Phase One, containing 5.40 acres, more or less, and being shown on the survey for Chunn’s Cove Estates prepared by M. Dale Cipar, PLS, known as “Revision to Lots 5 & 6”, dated October 18, 2004, as recorded in Plat Book 105, at Page 151, Buncombe County Registry, reference to which is hereby made and incorporated herein for a greater certainty of description. SUB- JECT TO restrictive covenants as recorded in Book 2433, at Page 425, Buncombe County Registry and amend- ments of record. ALSO SUBJECT to that 12’ utility easement located on the lot described herein, said utility easement being for the benefit of the owners, their successors and/ or assigns, of Lots 6 and 6A of Chunns Cove Estates as shown on Plat Book 105 at Page 151, Buncombe County Registry, the center line of which 12’ utility easement is described as follows: BEGINNING at the Northeastern- most corner of the above-described lot and running thence, South 05 deg. 51 min. 05 sec. West 391.82 feet to a point and place of beginning; thence, North 33º 54’ 06” West 37.88 feet to an unmarked point ; thence, North 16º 19’ 42” West 34.35 feet to an unmarked point; thence, North 12º 01’ 12” West 50.28 feet to an unmarked point; thence, North 03º 14’ 00” West 25.20 feet to an unmarked point; thence, North 61º 08’ 50” West 23.74 feet to an unmarked point; thence, South 21º 55’ 46” West 35.74 feet to an unmarked point; thence, South 24º 59’ 59” West 49.25 feet to an unmarked point; thence, South 24º 20’ 35” West 57.76 feet to an unmarked point; thence South 18º 43’ 08” West 53.44 feet to an unmarked point; thence, South 12º 33’ 38” West 23.40 to an unmarked point; thence, South 07º 45’ 17” West 30.76 feet to an unmarked point; thence, South 06º 28’ 57” West 68.12 feet to an unmarked point; thence, South 06º 45’ 39” West 36.88 feet to an unmarked point; ;thence, South 16º 40’


Substitute


dated August 1, 2006 and revised July 10, 2007 to show utility easement. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 98 Camp Allis Road, Asheville, NC 28805. Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dol- lars ($100.00) pursu- ant to NCGS 7A-308(a) (1). A cash deposit (no personal 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 Lawrence Corell and wife, Patricia L. Corell. 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


Continued on the next page December 2 - December 8, 2010 - THE TRIBUNE/LEADER 23


56” West 18.31 feet to an unmarked point; North 55º 35’ 53” west 29.73 feet to a point in the cul-de-sac of Camp Allis Road and as shown on that survey prepared by Mitchell F.. Effler, P.L.S., L-2583, and entitled Survey for “Brownstone,


Inc.”,


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