Mars Hill Lions Club fruit baskets Te Mars Hill Lions Club is selling fruit baskets for the holidays for


$10 each. Tey will be available for pick-up around mid-December. Call 828-689-3659 for orders or more information.


Candlelight stroll set for Dec. 10 Te seventh annual Candlelight Stroll in downtown Weaverville will


be held from 6 pm to 9 pm on Friday (Dec. 10). Te Weaverville Busi- ness Association will once again sponsor this event, which provides a charming small-town Christmas atmosphere to residents and visitors.


L AS cn.. EG L o t.


Legals cont...


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 Nikolaos Rantzos, original mort- gagor, and recorded in the Office of the Bun- combe County Regis- ter of Deeds in Deed of Trust Book 4374, at Page 1. 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 Substitute Trustee at 11:50 o’clock 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 gener- ally described as 415 Coopers Haw Drive, Lot 182, Biltmore Farms, Asheville, North Carolina 28803, and described as follows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4374, at Page 1 of the Bun- combe County, North Carolina Registry and said description is incorporated herein by reference. BEING all of Lot 182 as shown on the plat entitled “Ducker West at Biltmore Park” and recorded in Plat Book 90 at Page 1 in the Office of the Register of Deeds for Buncombe County, North Carolina, reference to which plat is hereby made for a more particular description. 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


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 22nd day of November, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, Presi- dent P.O. Box 8942


www.leicesterleader.com The Note- believes


Asheville, NC 28814 Phone: 828-777-5250 (WL761) 12/2 12/9


AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and author- ity contained in that certain Deed of Trust executed and delivered by Jason C. Fore and Melanie S. Fore, dated August 30, 2007 and recorded on August 30, 2007, in Book No. 4457, at Page 1 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, pursu- ant 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 December 21, 2010 at 10:00 AM that parcel of land, includ- ing


thereon, situated, lying and being in the City of Biltmore Lake, County of Buncombe, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 638 Welsh Partridge Circle, Biltmore Lake, NC 28715 Tax Parcel ID: 179935 Present Owners:


Fore and Melanie S. Fore 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


Jason C. Record improvements 10-SP-1129 3760


Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of


sons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowl- edge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occu- pies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occu- pies the property pur- suant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Ten- ants at Foreclosure Act which became effective on May 20, 2009.


Dated: October 25, 2010


David A. Simpson, P.C., Substitute Trustee By: Rogers Townsend & Thomas, PC Attorneys for David A. Simpson, P.C., Substi- tute Trustee


the deposit. Rea-


2550 West Tyvola Road Suite 520 Charlotte, NC 28217 704-442-9500 (WL762) 12/9 12/16


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 Robin Wilson and Vicki Wilson, dated June 24, 2003 and recorded on June 25, 2003, in Book No. 3267, at Page 21 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 21, 2010 at 10:00 AM that parcel of land, including improve- ments thereon, situ- ated, lying and being in the City of Swannanoa, County of Buncombe, State of North Carolina, and being more partic- ularly described in the above referenced Deed of Trust. Address of property: 128 Mockingbird Road a/k/a 230 Doc Snyder Drive, Swannanoa, NC 28778 Tax Parcel ID: 0609-10-2377-00000 Present Owners:


Wilson and Vicki Wilson 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,


R o b i n Record 10-SP-966 2832


and any Land Transfer Tax. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of


sons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowl- edge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occu- pies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent 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 24, 2010


Posted: Witness: Assistant/ Deputy Clerk of Supe- rior Court David A. Simpson, P.C. Substitute Trustee


the deposit. Rea-


(WL763) 12/9 12/16 3618


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 Leslie Lin- coln Balassa and Ardila Pena Liney Yomary, dated June 28, 2006 and recorded on July 13, 2006, in Book No. 4252, at Page 1412 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 December 21, 2010 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Asheville, County of Buncombe, State of North Carolina, and being more partic- ularly described in the above referenced Deed of Trust. Address of property: 64 Bradley Street, Asheville, NC 28806 Tax Parcel ID: 9638-72-6243-00000 Present Owners:


coln Balassa and Ardila Pena Liney Yomary 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


Leslie Lin- Record


SUBSTITUTE TRUSTEE’S


10-SP-1222 NOTICE OF


is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of


sons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowl- edge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occu- pies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent 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: December 1, 2010


Posted: Witness: Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C., Substitute Trustee By: Attorney at Law Rogers Townsend & Thomas, PC


the deposit. Rea-


Attorneys for David A. Simpson, P.C., Substi- tute Trustee 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704) 697-5809 (WL764) 12/9 12/16


Public Notice


In accordance with the provisions outlined in the Town of Woodfin’s Code of Ordinance let it hereby be known to all interested parties that an application has been made to the Board of Planning and Zoning for a conditional use permit for a commercial distill- ery located at 40 Old Elk Mountain Road and known to Buncombe County by Parcel Identification Number 9730637815.


property in question is zoned Community- Shopping (C-S) and the Land Use Ordinance of the Town of Woodfin allows for such facili- ties as a conditional use in this district. Any interested person may address the Planning and Zoning Board on this issue at a public hearing to be held on Monday, December 20, 2010 at 6:30 PM at the Woodfin Town Hall. Inquiries into this matter should be directed to the Town Administra- tor at 253-4887 or to jasonyoung@woodfin- nc.gov. (WL765) 12/9


Public Notice


In accordance with the provisions outlined in the Town of Woodfin’s Code of Ordinance let it hereby be known to all interested parties that an application has been made to the Board of Planning and Zoning for a conditional use permit for a public safety train- ing center to be located at 99999 Kuykendall Branch Road, 99999 Old Marshall Highway, and 2700 Riverside Drive and known to Buncombe County by Parcel


Numbers: 9721759383, 9721942726 9721959833.


Identification and


property in question is zoned Heavy Industrial (H-I) and the Land Use Ordinance of the Town of Woodfin allows for such facilities as a conditional use in this district. Any interested person may address the Planning and Zoning Board on this issue at a public hearing to be held on Monday, December 20, 2010 at 6:30 PM at the Wood- fin Town Hall. Inquiries


The The


into this matter should be directed to the Town Administrator at 253-4887 or to jasony- oung@woodfin-nc.gov. (WL766) 12/9


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 20, 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. (WL767) 12/9


Public Notice


In accordance with the provisions outlined in the Town of Woodfin’s Code of Ordinance let it hereby be known to all interested par- ties that an application has been made to the Board of Planning and Zoning for a conditional use permit for a ware- house/auction house to be located at 117 Baird Cove Road and known to Buncombe County by Parcel Identification Number: 9731733400. The property in ques- tion is zoned Commu- nity-Shopping (C-S) and the Land Use Ordinance of the Town of Woodfin allows for such facili- ties as a conditional use in this district. Any interested person may address the Planning and Zoning Board on this issue at a public hearing to be held on Monday, December 20, 2010 at 6:30 PM at the Woodfin Town Hall. Inquiries into this matter should be directed to the Town Administra- tor at 253-4887 or to jasonyoung@woodfin- nc.gov. (WL768) 12/9


December 9 - December 15, 2010 - THE TRIBUNE/LEADER 25


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