L AS cn.. EG L o t.


Legals cont...


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.: 10-12696-FC01 ASAP# 3816712 11/25/2010, 12/02/2010 (WL754) 11/25 12/2


FORECLOSURE SALE 10 SP 634 NORTH


CAROLINA, BUNCOMBE COUNTY


Under and by virtue of a Power of Sale con- tained in that certain Deed of Trust executed by Kanji & Michiko Ueda, husband and wife to TRSTE, INC., Trustee(s), which was dated May 2, 2007 and recorded on May 3, 2007 in Book 4398 at Page 1796, Bun- combe County Registry, North Carolina. Default 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 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: The Asses- sor’s Parcel Number (Property Tax ID#) for the Real Property is 975005184624000. Being all of Lot 25 of Beaverbrook as shown on that plat recorded in Plat Book 36, at Page 49 of the Buncombe County, NC Register’s Office; reference to which Plat is hereby made for a more par- ticular


of said Lot. Together With and Subject To restrictive covenants of record, including but not limited to those recorded in book 997, at Page 357, and all amendments thereto, of


County, NC Register’s Office. Together With and Subject To those easements and rights of way shown on the above-reference Plat and as recorded in the Buncombe County, NC Register’s Office. And


the Buncombe description Substitute


AMENDED NOTICE OF


being all of that prop- erty described in deed recorded in Book 2239, at Page 108 of the Bun- combe County, NC Reg- ister’s Office. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 33 Brookcliff Drive, Asheville, NC 28804. 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


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.: 10-09459-FC01 ASAP# 3801808 11/25/2010, 12/02/2010 (WL755) 11/25 12/2


AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S


FORECLOSURE SALE OF REAL PROPERTY


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 assessments, ease- ments, rights of way, deeds of release, and any other encum- brances or exceptions of record. To the best of the knowledge and belief of the under- signed, the current owner(s) of the prop- erty is/are Kanji Ueda. 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


existing


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Marlene J. Nunnaley, unmar- ried, Robert D. Nunna- ley, Jr. and wife, Kerry W. Nunnaley, dated December 29, 2006 and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, recorded on January 4, 2007, in Book 4342 at Page 930; 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 owner and holder of the indebtedness 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, December 14, 2010, that parcel of land, including improve- ments thereon, situ- ated, lying and being in the City of Arden, County of Buncombe, State of North Carolina, and being more par- ticularly described as follows: BEING all of Lot 27 of the Stonecrest Subdivi- sion as shown on a plat thereof recorded in the Office of the Register of Deeds for Buncombe County in Plat Book 102, at Page 200, reference to which is hereby made for a more particular description of said Lot. ALSO BEING a portion of the same property described in a deed dated April 25, 2006 from WAITGHTSTILL MOUNTAIN, LLC to WINDSOR/AUGHTRY COMPANY,


recorded in the Office of the Register of Deeds for Buncombe County in Deed Book 4215, at Page 1211. TOGETHER WITH AND SUBJECT TO those restrictive covenants recorded in Book 3436, at Page 103 in the Office of the Register of Deeds for Buncombe County, as the same from time to time may be amended. Address of property: 6 Secrest Drive, Arden, NC 28704 Present Owners:


INC.


4806.0003749 10-SP-57


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 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 30, 2010


Nunnaley, Jr., Kerry W. Nunnaley and Marlene J. Nunnaley The terms of the sale are


Robert D. Record


David A. Simpson, P.C. Substitute Trustee By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for the Sub- stitute Trustee 704-442-9500


the deposit. Rea-


Posted: Witness: Assistant/Deputy Clerk of Superior Court (WL756) 12/2 12/9


STATE OF NORTH CAROLINA


File No: 10 SP 1501 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 pursuant to which such sale will be held is that certain Deed of Trust executed by Richard Brian Ambler, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4415, at Page 676. 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 mortgagors, is: N/A 2. The property will be sold by the Substitute Trustee at 12:00 noon on the 14th day of December, 2010 at the Courthouse door in the City of Asheville, Bun- combe County, North Carolina. 3. The real property to be sold is generally described as follows: Being all of Lot 1 as shown on that plat recorded in Plat Book 13, at Page 21 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 sub- ject to those easements and rights of way shown on the above referenced Plat and as recorded in the Buncombe County, NC Register’s Office. And being all of that property described in a deed recorded in Book 3543, at Page 106 of the Buncombe County, NC Register’s Office. 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 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


Inc.,


COUNTY OF BUNCOMBE


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. 10. Any person who occupies the property pursuant 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 16th day of November, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. A. Robert York, Presi- dent PO Box 8942 Asheville, NC 28814 Telephone: 828-777- 5250 (WL757) 12/2 12/9


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


jewelry; items;


equipment; NOTICE OF The Note- 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. (WL758) 12/2


STATE OF NORTH CAROLINA


File No: 10 SP 1471 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 Keith A. Vinson and wife, Paula L. Vinson, original mort- gagors, and recorded in the Office of the Bun- combe County Register of Deeds in Deed of Trust Book 4337, at Page 294 as modified in Book 4478, at Page 1788, Book 4507, at Page 598, Book 4586, at Page 108, Book 4647, at Page 1440, Book 4704, at Page 1289 and Book 4756, at Page 491. 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 11:45 a.m. on the 14th 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 generally described as Lot 323 (a/k/a 52 Arabella Lane) and Lot 324 (a/k/a 58 Arabella Lane) Arabella Heights of Waightstill Mountain, Arden, NC 28704 and described as follows: Being all of that property described in that certain Deed of Trust recorded in Book 4586, at Page 108, Book 4647, at Page 1440, Book 4704, at Page 1289 and Book 4756, at Page 491 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. LYING AND BEING AVERY’S CREEK TOWN- SHIP, BUNCOMBE COUNTY, NORTH CAR- OLINA


Inc.,


COUNTY OF BUNCOMBE


information,


BEING all of Lots 323 and 324 of Phase IIB of Waightstill Mountain, LLC, as recorded on a plat in Plat Book 94, at Page 117 in the Office of the Register of Deeds for Buncombe County, North Carolina. ALSO BEING all of that real property found in a deed recorded in Book 3827, at Page 212 in the aforesaid 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 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 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


The Note-


which became effective May 20, 2009.


THIS the 16th 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 (WL759) 12/2 12/9


STATE OF NORTH CAROLINA


File No: 10 SP 1219 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 Janet L. Whitworth, unmarried and Mark A. Whitney, unmarried (Parcel 1) Whitworth Properties, Inc. (Parcel 2) and Janet Lynn Whitworth (Parcel 3), original mortgag- ors, and recorded in the Office of the Bun- combe County Register of Deeds in Deed of Trust Book 4293, at Page 1139. 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 mortgagors, is: N/A 2. The property will be sold by the Substi- tute Trustee at 11:45 am on the 14th 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 generally described as Lot 175, Phase Two-D, High Meadows, The Cliffs at Walnut Cove and described as follows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4293, at Page 1139 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. PARCEL ONE: BEING all of Lot 175, Phase Two-D, High Meadows, The Cliffs at Walnut Cove, as shown on a plat recorded in Plat Book 96, Page 62, of the Buncombe County, North Carolina, Regis- ter of Deeds Office, ref- erence to which plat is hereby made for a more particular description of said lot. Any property described in the Deed of Trust which is not being offered for sale is described as follows: Parcel Two and Parcel Three Less and except any property previously released pursuant to


Inc.,


COUNTY OF BUNCOMBE


any Release Deeds recorded in the Bun- combe County Public Registry, without


Release Deed recorded in Book 4826, at Page 373 of the Buncombe County, North Carolina Public Registry. 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 16th day of November, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, Presi- dent


The Note-


including, limitation,


24 THE TRIBUNE/LEADER - December 2 - December 8, 2010


www.weavervilletribune.com


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