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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- Executors of the Estate of Anton F. Felthaus, 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 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 corporations 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, 2011, or this Notice will be pleased in the bar of their recovery. All per- sons indebted to said


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


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executor of the Estate of Edward Francis Alberts, 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


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.


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.


This the 9th day of December, 2010


Dale Lee Alberts, Executor Estate of Edward Fran- cis Alberts 15 Dallas Street Asheville, NC 28806 (WCN704) 12/9 12/16 12/23 12/30


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executrix of the Estate of Anne Woodbury Hagan, 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 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.


This the 9th day of December, 2010


Sharon Hagan Atkin- son, Executrix Estate of Anne Wood- bury Hagan 6196 N. Knoll Place Hickory, NC 28601 (WCN705) 12/9 12/16 12/23 12/30


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 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 under- signed


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-


Substitute


4806.0003749 10-SP-57


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:


Nunnaley, Jr., Kerry W. Nunnaley and Marlene J. Nunnaley 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-


24 THE TRIBUNE/LEADER - December 9 - December 15, 2010 the deposit. Rea- Robert D. Record INC.


T I U E L AS RB N EG L


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


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


Inc.,


COUNTY OF BUNCOMBE


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 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.


The Note-


A. Robert York, Presi- dent PO Box 8942 Asheville, NC 28814 Telephone: 828-777- 5250 (WL757) 12/2 12/9


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 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


Inc.,


COUNTY OF BUNCOMBE


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 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


COUNTY OF BUNCOMBE


The Note-


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 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


including, limitation,


Inc.,


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 P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL760) 12/2 12/9


STATE OF NORTH CAROLINA


File No: 10 SP 1313 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-


Continued on the next page www.weavervilletribune.com Inc.,


COUNTY OF BUNCOMBE


The Note-


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