Weaverville Tribune - 0902 - Jan. 13

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 Executrix of the Estate of Evelyn C. Boyett, 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 23rd 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 23rd day of December, 2010

Diane R. Boyett, Execu- trix Estate of Evelyn C. Boyett PO Box 883 Weaverville, NC 28787 (WCN706) 12/23 12/30 1/6/11 1/13/11

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Donald E. Farr, 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 23rd 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 23rd day of December, 2010

Caylor Lane Farr Dill, Executor Estate of Donald E. Farr 92 High Plains Drive Hendersonville, NC 28792 (WCN707) 12/23 12/30 1/6/11 1/13/11

BEFORE THE CLERK FILE 10-E-001692

IN THE MATTER OF THE ESTATE OF

Raymond L. Fittro Deceased NOTICE TO

CREDITORS AND DEBTORS

Having qualified as Executrix of the Estate of Raymond L Fittro., deceased, late of Buncombe County, North Carolina, this is to notify all person, firms and corpora- tions having claims against the said Estate to present such claims to the undersigned on or before March 23, 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 23rd of Decem- ber, 2010.

NORTH CAROLINA BUNCOMBE COUNTY

COURT OF JUSTICE SUPERIOR COURT DIVISION

IN THE GENERAL

Executrix, Evelyn Fittro Estate of Raymond L. Fittro c/o Andrew A. Strauss Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN708) 12/23 12/30 1/6/11 1/13/11

STATE OF NORTH CAROLINA

CREDITORS AND DEBTORS OF

JUAN RANGEL CAMPUZANO

Having qualified as Administrator of the Estate of Juan Rangel Campuzano, deceased, late of Buncombe County, North Carolina, this is to notify all per- sons, firms and corpo- rations having claims against the estate of said decedent to exhibit them to the under- signed or to their attor- ney on or before the 23 rd day of March, 2011, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make imme- diate payment.

This the 23rd day of December, 2010.

Joseph Cowan, Admin- istrator 79 Trillium Glen Ln. Hendersonville, NC 28792 Estate of Juan Rangel Campuzano William T. Biggers Biggers & Associates, PLLC 79 Woodfin Place, Suite 211 Asheville, NC 28801 (WCN709) 12/23 12/30 1/6/11 1/13/11

BEFORE THE CLERK FILE 10-E-001733

IN THE MATTER OF THE ESTATE OF

CREDITORS AND DEBTORS

Having qualified as the Executor of the Estate of Juanita E. Carter, deceased, late of Buncombe County, North Carolina, this is to notify all person, firms and corpora- tions having claims against the said Estate to present such claims to the undersigned on or before March 23, 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 23rd of Decem- ber, 2010.

Executor, Neil Winfred Carter Estate of Juanita E. Carter c/o Allen B. Koenig Strauss & Associates, P.A. 77 Central Avenue, Suite F Asheville, NC 28801 (828) 258-0994 (WCN710) 12/23 12/30 1/6/11 1/13/11

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE

www.leicesterleader.com

Juanita E. Carter Deceased NOTICE TO

NORTH CAROLINA BUNCOMBE COUNTY

COURT OF JUSTICE SUPERIOR COURT DIVISION

IN THE GENERAL

COUNTY OF BUNCOMBE NOTICE TO

NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of Arthur Holmes Lock- hart, Jr., 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 30th 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 30th day of December, 2010

Vanessa Lockhart, Executrix Estate of Arthur Holmes Lockhart, Jr. 9 Brookgreen Place Asheville, NC 28804 (WCN711) 12/30 1/6/11 1/13/11 1/20/11

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Evelyn C. Ledford, 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 under- signed on or before the 11th day of April, 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 6th day of January, 2011

Charles Wade Ledford, Executor c/o Stephen Barnwell, Attorney at Law Estate of Evelyn C. Ledford PO Box 236 Skyland, NC 28776 (WCN712) 1/6 1/13 1/20 1/27

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Kenneth Johnson Horton, Sr., 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 11th day of April, 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 6th day of January, 2011

Kenneth

Horton, Jr., Executor Estate of Kenneth John- son Horton, Sr. PO Box 344 Asheville, NC 28802 (WCN713) 1/6 1/13 1/20 1/27

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE

Johnson The

having qualified as C o -Admini s t r a t o r s of the Estate of Wil- liam Calhoun Frue, III, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to pres- ent such claims to the undersigned at 20 Bat- tery Park Avenue, Suite 405, Asheville, North Carolina 28801 on or before the 15th day of April, 2011, or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.

This the 13th day of January, 2011

John C. Frue Co-Ad- ministrator Michael C. Frue Co- Administrator Estate of William Cal- houn Frue, III c/o John C. Frue, Attor- ney 20 Battery Park Avenue, Suite 405 Asheville, NC 28801 (828)255-0309 (WCN714) 1/13 1/20 1/27 2/3

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE

The

having qualified as Executrix of the Estate of James M. Whitener, Jr., deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corpora- tions having claims against the estate to present such claims to the undersigned on or before the 15th day of April, 2011, or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.

This the 13th day of January, 2011

Carol A. Johnston, Executrix Estate of James M. Whitener, Jr. 2 West Oak Street Asheville, NC 28806 (WCN715) 1/13 1/20 1/27 2/3

STATE OF NORTH CAROLINA

File No: 10 SP 890 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, an Order entered by the Clerk of Superior Court of the above County and an Order entered by the Presiding Superior Court Judge, will sell the below described property at public auc- tion as follows: 1. The instrument pur- suant to which such sale will be held is that certain Deed of Trust executed by Gerald D. Payne and Polly Joann Payne, as husband and wife, original mortgag- ors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust

Inc.,

COUNTY OF BUNCOMBE

undersigned, undersigned,

T I U E L AS RB N EG L

Book 4158, at Page 774. 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 mort- gagors, is: N/A 2. The property will be sold by the Substi- tute Trustee at 10:00 a.m. on the 19th day of January, 2011 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 6.04 more or less acres on 463 Shope Creek Road, Asheville, NC 28805 and described as fol- lows: BEGINNING on an U.S.F.S. Aluminum monument found which is located at the South- westernmost corner of that property conveyed to the Grantors in Deed Book 1302 at Page 802 of the Buncombe County, North Carolina Registry, the same being identified as Corner 1 of Tract M-266 on a Survey for Gerald D. Payne and wife, Polly J. Payne drawn by John M. Nanney of Asheville Land Surveying on April 14, 1995, and num- bered 95-149; from the point of BEGIN- NING thus established, thence North 86° 13’ 35” West 329.52 feet to a Class “A” Concrete Monument

thence Nroth 80° 04’ 00” West 527.26 feet to a railroad spike set; thence with the Eastern Margin of Shope Creek Road (SR2426) North 47° Est 219 feet to an iron pin; thence North 32° East 141 feet to a point; thence South 46° 56’ 58” East 663.30 feet to Number 5 rebar found thence South 08° 09’ 12” West 149.90 feet to the point and place of BEGINNING. Being the same prop- erty conveyed to Gerald D. Payne and wife, Polly J. Payne as recorded in Deed Book 1302, page 802, Buncombe County 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 warran- ties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain indepen- dent counsel to exam- ine record title as the property is sold subject

Found;

to prior record inter- ests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substi- tute 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 17th day of December, 2010.

SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: Rebecca R. York, Vice- President P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL783) 1/6 1/13

STATE OF NORTH CAROLINA

File No: 10 SP 1698 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 Stephen J. Getsy, Trustee of the Stephen J. Getsy Living Trust dated January 14, 2000, original mort- gagor, and recorded in the Office of the Bun- combe County Register of Deeds in Deed of Trust Book 4337, at Page 1094. The record owner of such property, as reflected on the

Inc.,

COUNTY OF BUNCOMBE

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 20th day of January, 2011 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is generally described as 28 Crock- ett Ridge Road, Black Mountain, NC 28711 a/k/a Lot 196, Phase Two, the Settings of Black Mountain and described as follows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4337, at Page 1094 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. BEING all of Lot 196, Phase Two, as shown on plat of The Settings of Black Mountain, recorded in Plat Book 100, at Page 43 of the Buncombe County, NC Registry, reference to said plat being made for a more particular description of said Lot 196. TOGETHER WITH AND SUBJECT TO all ease- ments, restrictions and rights of ways of record and a non-exclusive appurtenant easement for ingress, egress and regress is conveyed over and upon all pri- vate subdivision right of way easements for The Settings of Black Mountain as shown on the above-described plat as well as the series of plats for Phase One recorded in Plat Book 96 at Pages 162 through 164 and Phase Two recorded in Plat Book 100, at Pages 42 through 44 and to the Covenants, Conditions and Restrictions for The Settings of Black Mountain as recorded in Book 3993, at Page 34 of the Buncombe County, NC Registry. TOGETHER WITH AND SUBJECT TO all ease- ments as described in Deed Book 3947, at Page 552 of said reg- istry. BEING a portion of Tract 1 as conveyed to The Settings of Black Mountain, LLC by deed recorded in Deed Book 3947, at Page 552 of the Buncombe County, NC Registry. Stephen J. Getsy exe- cutes this deed of trust in his capacity as sole Trustee of The Stephen J. Getsy Living Trust UA dated January 14, 2000 and certifies that he is the sole trustee with authority to execute this deed of trust and further certifies as to the following: Pursuant to Article X of said trust entitled “Powers of Trustees” my trustees shall have the following powers.... (a) To retain any prop- erty I may contribute to this trust... Or to sell, exchange, or oth- erwise dispose of such property, at public or private sale, without application to court, on any terms, including the extension of credit, which they deem advis- able.... (g) To borrow money

from any source and for any purpose, including, but not limited to, the payment of taxes, and to pledge or mortgage any assets held by them as security for money borrowed.... 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 which became effective May 20, 2009.

THIS the 21st day of December, 2010.

SUBSTITUTE TRUSTEE: RAINTREE REALTY AND

The Note-

CONSTRUCTION, INC. By: Rebecca R. York, Vice- President P.O. Box 8942 Asheville, NC 28814 Phone: 828-691-5250 (WL784) 1/6 1/13

STATE OF NORTH CAROLINA

File No: 10 SP 221 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 Superior Court and the 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 Power Development, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Book 4469, at Page 1435. 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 is:

opment, LLC, the origi- nal Mortgagor. 2. The property will be sold by Pios Grande Power Development, LP, Noteholder, and the Substitute Trustee at 12:00 o’clock p.m. Noon on the 18th day of January, 2011 at the Buncombe County Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is gener- ally known as Condo- minium Units at 700 Biltmore, Unit Numbers 108, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 314, 315, 316, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 413, 414 (50 units total) and more particularly described as follows: BEING that 2.074 acre parcel designated as Tract B as shown on a survey prepared by McAbee & Associates, P.A., dated October 13, 2005, and designated as Drawing No. G-05- 1689, and being more particularly described as follows: BEGINNING at a con- trol corner found at the intersection of Caledonia Road and Bowling Park Road and running thence from said control corner along Bowling Park Road, South 33 deg. 55 min. 28 sec. East 76.89 feet to a mag- netic nail set; thence on a curve through a chord bearing South 46 deg. 36 min. 34 sec. West 241.83 feet, with an arc length of 244.99 feet and having a radius of 439.55 feet to a rebar set; thence South 54 deg. 55 min.

Power Devel- Inc.,

COUNTY OF BUNCOMBE

erty conveyed to Power Development, LLC, a North Carolina limited liability company, by deeds recorded in Book 3890, Page 870, and Book 3907, Page 891, in the Office of the Register of Deeds for Buncombe County, North Carolina, together with all easements and appurtenances as enu- merated in that Decla- ration of Condominium, Book 4330, Page 1427, and Book 4394, Page 47. LESS AND EXCEPT that portion of the above- described property which was previously conveyed to S & S #2 Family Limited Partner- ship by deed recorded in Book 4331, Page 1683, and which is described as follows: BEING all of Unit No. 416 as shown on the Plans entitled “The Residences at Bilt- more Condominium,” recorded in Condomin- ium and Unit Owner- ship File No. 813, in the Office of the Register of Deeds for Buncombe County, North Carolina, reference to which is hereby made for a more particular description. TOGETHER with all rights and easements appurtenant to said Unit as specifically enu- merated in the Declara- tion of Condominium recorded in the Office of the Register of Deeds for Buncombe County, North Carolina, in Book 4330, Page 1427 (the “Declaration”), and

Continued on the next page January 13 - January 19, 2011 - THE TRIBUNE/LEADER 19

04 sec. East 32.93 feet to a calculated point not set; thence on a curve through a chord bearing South 08 deg. 01 min. 48 sec. West 59.42 feet, with an arc length of 59.45 feet and having a radius of 551.67 feet to a calculated point not set; thence on a curve through a chord bearing South 16 deg. 13 min. 50 sec. West 62.76 feet, with an arc length of 63.17 feet and having a radius of 161.50 feet to a calculated point not set; thence on a curve through a chord bearing South 14 deg. 53 min. 14 sec. West 121.45 feet, with an arc length of 122.19 feet and having a radius of 318.42 feet to a rebar set; thence North 81 deg. 15 min. 31 sec. East 5.91feet to a rebar set; thence on a curve through a chord bearing South 20 deg. 26 min. 04 sec. East 69.24 feet to a rebar set; thence South 76 deg. 32 min. 55 sec. East 26.92 feet to a calculated point not set; thence South 13 deg. 53 min. 04 sec. East 78.91 feet to a rebar set; thence South 77 deg. 35 min. 18 sec. East 217.62 feet to a rebar found; thence North 49 deg. 37 min. 57 sec. West 92.31 feet to a calculated point not set; thence on a curve through a chord bearing North 11 deg . 58 min. 51 sec. East 411.17 feet to a mag- netic nail set; thence North 29 deg. 55 min. 23 sec. West 73.15 feet to a rebar with ID cap found; thence North 33 deg. 55 min. 28 sec. West 108.16 feet to the point and place of Beginning. ALSO BEING a portion of

that prop-

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