L AS cn.. EG L o t.


Legals cont...


pursuant thereto, to membership in The Residences at Biltmore Condominium Owners’ Association, Inc., a North Carolina nonprofit corporation. TOGETHER with and subject to the said Declaration and the Bylaws


thereto, which, with all attachments thereto, are incorporated herein as if set forth in their entirety, and which, by way of illustration, and not by way of limita- tion, provide: 1) for an interest in the Common Elements referenced therein; 2) for use and restriction of use of the Unit for particular pur- poses only; 3) property rights of purchaser as a Unit Owner in and to the Residential Common Elements; 4) obligations and responsibility of the Grantee for regular monthly assessments and special assess- ments and the effect of nonpayment thereof as set forth in the Declara- tion and in the Bylaws annexed thereto; 5) limitations upon the use of the Residential Common Elements; and 6) obligations of Grantee and the Association for maintenance as set out in the Bylaws. 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 4605 at Page 1849, in Book 4613 at Page 142, in Book 4617 at Page 1081, in Book 4618 at Page 846, in Book 4618 at Page 908 and in Book 4626 at Page 891 of the Buncombe County, North Carolina Public Registry. Subject to the follow- ing: 1. Restrictions, reserva- tion of easements and conditions contained in instrument recorded in Book 4330, Page 1427 and Book 4394, Page 47, Buncombe County Registry. 2. All matters shown on the referenced plat of survey described above, and those plats recorded in Plat Book 84, Page 78; Plat Book 105, Page 25; Plat Book 106, Page 78; Plat Book 154, Page 109B and Plat Book 108, Page 32 (Condominium Plat), Buncombe County Reg- istry. 3. Easement to Caro- lina Power and Light Company recorded in Book 948, Page 313, Buncombe County Reg- istry. 4. Easement to Depart- ment of Transportation recorded in Book 1259, Page 10 and Page 13, Buncombe County Reg- istry. 5. Easement to Carolina Power & Light Company d/b/a Progress Energy Carolinas recorded in Book 4269, Page 897, Buncombe County Reg- istry. 6. Waterline Easement in favor of the City of Asheville recorded in Book 4323, Page 1019, Buncombe County Reg- istry. Any property described in the Deed of Trust


including, limitation,


annexed


which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Buncombe County, North Carolina Registry and rights of other in common areas created by the Declara- tion of Condominium NOTE: A copy of the unrecorded Drawing No. G-05-1689 by McAbee and Associates referred to in the description will be available for inspec- tion at the sale and may be inspected prior to the sale by contacting Albert L. Sneed, Jr. at 828-258-2991. 4. Any buildings located on the above-described property are also included in the sale. 5. The property will be sold by Noteholder and the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substitute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred 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 and the Declaration of Con- dominium. 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 Public Law 111-22 - Protecting Ten- ants at Foreclosure Act which became effective May 20, 2009.


The Note-


THIS the 28th 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 (WL785) 1/6 1/13


STATE OF NORTH CAROLINA


File No: 10 SP 1713 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty and Construction,


Substitute Trustee, has begun proceedings to FORECLOSE under the Deeds of Trust described below, and by under and by virtue of the power of sale con- tained in such Deeds of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auc- tion as follows: 1. The instruments pursuant to which such sale will be held are those certain Deeds of Trust executed by Provision 08, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4666, at Page 1799 and Book 4684, at Page 1730. 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: Provision 08, LLC. 2. The property will be sold by the Substitute Trustee at 11:30 A.M. on the 20th day of January, 2011 at the Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is generally described as 9 Autumn Shade Court, 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 4666, at Page 1799 and in Book 4684, at Page 1730 of the Buncombe County, North Caro- lina Registry and said description is incorpo- rated herein by refer- ence. Lying in Avery Creek Township, Buncombe County, North Carolina: TRACT 1: 9 Autumn Shade Court BEING all of Lot 77, (3.19 acres, more or less), Phase 6, of The Cliffs at Walnut Grove as shown on that Plat recorded in Plat Book 108 at Page 93 of the Buncombe County, N.C. Register’s Office; refer- ence to which plat is hereby made for a more particular description of said Lot. Any property described in the Deeds of Trust which is not being offered for sale is described as follows: Lot 82, Plat Book 84, Page 9. 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


Inc.,


COUNTY OF BUNCOMBE


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 Deeds 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 Deeds 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 Public Law 111-22: Protecting Ten- ants at Foreclosure Act of 2009.


THIS the 29th 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 (WL786) 1/6 1/13


STATE OF NORTH CAROLINA


BEFORE THE CLERK FILE NO. 10 SP 1786


CAROLINA POWER & LIGHT COMPANY d/b/a


ENERGY CAROLINAS, INC., Petitioner, v. ESTATE OF ROY EMORY CARTER; NEIL CARTER, individually, as executor of the Estate of Roy


20 THE TRIBUNE/LEADER - January 13 - January 19, 2011 PROGRESS


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


BUNCOMBE COUNTY


The Note-


Emory Carter, and as executor of the Estate of Juanita E. Carter a/k/a Jessie Juanita Carter, and wife LYNN CARTER; ANNIE ROSE HOBBS; PHYLLIS DALE; CHRISTINE GEORGE and husband WILLIAM GEORGE; LORAINE NELSON and husband ERIC NELSON; GARY E. CARTER and wife CHRISTINE CARTER; DONNA GAIL CARTER FRANKLIN and husband ROBERT L. FRANKLIN; JANET LYNN CARTER WILLIAMS and husband RAY R. WILLIAMS, III; ESTATE OF JUANITA E. CARTER a/k/a JESSIE JUANITA CARTER; MYRON


and wife SHARON CARTER; SANDRA FLETCHER and hus- band KIM FLETCHER; SELMA ALLEN and husband PHILIP ALLEN; UNKNOWN HEIRS AND/ OR DEVISEES OF THE ESTATE OF JUANITA E. CARTER a/k/a JESSIE JUANITA CARTER; and L. PAUL PRETE and wife LYNELLE E. FLOW- ERS, Respondents. PETITION FOR CON- DEMNATION OF PROP- ERTY (N.C. Gen. Stat. § 40A-19, et seq.) NOW COMES the Peti- tioner, Carolina Power & Light Company d/b/a Progress Energy Caro- linas, Inc., and alleges and says as follows: 1. Petitioner is a public utility corporation duly chartered and incor- porated under the laws of North Carolina, with its principal office and place of business in Raleigh, Wake County, North Carolina.


ress Energy Carolinas, Inc. (“PEC”) is the law- fully registered assumed name of Carolina Power & Light Company (“CP&L”), having been registered by CP&L as its assumed name on November 14, 2002 in the Wake County Register of Deeds Office. The Certificate of Assumed Name for CP&L to conduct busi- ness in its assumed name of Progress Energy Carolinas, Inc., is filed in Book 2964, Page 436, Buncombe County Registry. 2. Petitioner is char- tered and is authorized to engage in supplying electricity to members of the general public within its service area. Petitioner possesses the power and right to construct, maintain, and operate any and all kinds of plants, works, lines, substations and systems that are neces- sary for the generation, transmission, distribu- tion, regulation and control of electricity, and for the other pur- poses specified in its Charter, together with the power and right to acquire, hold, maintain and develop real and personal property for and in connection with the foregoing purposes. Petitioner further pos- sesses the right of emi- nent domain under the laws of North Carolina to enable it to locate, re-locate, build, protect and maintain its said plants, works, trans- mission and distribu- tion lines, substations, systems and other facilities essential to its business. In instituting this proceeding, it is Petitioner’s good faith intention to conduct


Prog- CARTER


and carry on the public business as authorized by its Charter. 3. Petitioner institutes this proceeding for the purpose of providing adequate and reliable electrical service to members of the general public within its service area and, more specifi- cally, for the purpose of obtaining the perpetual fee simple ownership described hereinafter and to have just com- pensation established therefore in accordance with the provisions of Chapter 62, Article 9 and Chapter 40A, Sec- tion 2 of the North Car- olina General Statutes.


4. Respondents own, or have or possess, or claim to own, have or possess, an interest in the land described in Exhibit A attached hereto and incorporated herein by reference (“Respondents’ Land”). Petitioner plans to build, install, operate, utilize, rebuild, repair, replace, remove and to maintain on Respondents’ Land an electrical substation with communication and other related facili- ties for the purpose of transmitting and dis- tributing electric power to the members of the general public within its service area and as part of the necessary functioning of Peti- tioner’s electric system (the “Facilities”). The construction and main- tenance of the Facilities is necessary for the public use and for the public benefit, and it is required by Petitioner for the purpose of con- ducting its business.


5. As a result of Peti- tioner’s plans to build, install, operate, utilize, inspect, rebuild, repair, replace, remove, and maintain the Facili- ties on Respondents’ Land, it is necessary that Petitioner acquire Respondents’ Land in fee simple, and that just


therefor be established in accordance with the provisions of Chap- ter 62, Article 9 and Chapter 40A, Section 2 of the North Carolina General Statutes. It is Petitioner’s good faith intention to continue the public use of the Facili- ties once Respondents’ Land is acquired. 6. Upon information and belief, the only parties who own, have or possess, or claim to own, have or possess, an estate or inter- est in Respondents’ Land, along with the addresses for said par- ties, as far as they can be reasonably ascer- tained, are set forth in Exhibit B attached hereto. 7. Upon information and belief, Respondents are not infants or under any legal disability of any type unless otherwise set forth on Exhibit B. 8. Petitioner is informed and believes, and alleges upon informa- tion and belief, that Respondents’ Land is, insofar as the same can by reasonable dili- gence be ascertained, subject to such liens and encumbrances as may be set forth in Exhibit C. 9. To the extent that Respondents own any buildings, structures, permanent improve- ments or fixtures


compensation


which are situated on or affixed to the land, Respondents shall be permitted to remove all of them. WHEREFORE, Petitioner respectfully prays as follows: 1. That the Court order appointment of three competent and dis- interested freehold- ers, residing in Wake County, whose duty it shall be to appraise the value of Respondents’ Land as described herein; and that the Court fix the time and place of the first meet- ing of said Commis- sioners; and 2.That the Court award Petitioner the desired fee simple ownership of Respondents’ Land upon the payment of just compensation to be fixed therefor by said Commissioners in accordance with law; and 3.That the Court award to Petitioner such other and further relief as to the Court may deem just and proper.


This the ___ day of December, 2010


SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNI- GAN, L.L.P. By: Matthew D. Rhoad N.C. State Bar No. 29409 Steven M. Sartorio N.C. State Bar No. 10026 P.O. Box 2611 Raleigh, North Carolina 27602 (919) 821-1220 Co-counsel for Peti- tioner


AND STEVENS, P.A. By: William Clarke N.C. State Bar No. 10278 P. O. Box 7647 Asheville, North Caro- lina 28802 Co-counsel for Peti- tioner STATE OF NORTH CAR- OLINA COUNTY OF WAKE Gayle S. Lanier, being first duly sworn, does deposes and says: That she is Vice Presi- dent – Corporate Ser- vices of Carolina Power & Light Company d/b/a Progress Energy Caro- linas, Inc., that she has authority to make this verification on its behalf, that she has read the foregoing Petition, and that the contents of the foregoing Petition are true to his or her own knowledge, except as to matters stated on information and belief, and as to those matters she believes them to be true.


This the December, 2010 day of


Gayle S. Lanier Vice President – Corpo- rate Services Sworn to and sub- scribed before me, this the ______ day of December, 2010. Notary Public My


ROBERTS


(CORS 96)): BEGINNING at a 5/8” rebar w/cap in the southeast corner of a tract of land owned, now or formerly, by Timothy K. Bugg and wife, Linda W. Bugg (see Book 4247, Page 982, Buncombe County Reg- istry) said point having NC Grid Coordinates of N 652573.65 (ft) and E 974031.06 (ft), said point also being located South 2819’42” West 241.49 feet - ground distance (241.44 – grid distance) from V&M GPS 2 having NC State Plane Coordinates of N 652361.12 (ft.) and E 973916.49 (ft.); thence from said beginning point along and with the eastern property line of said Bugg tract North 4006’06” East 140.06 feet to a 5/8” rebar w/ cap on line in the south- east corner of a tract of land owned, now or formerly, by WB Invest- ments of Asheville, LLC (see Book 4239, Page 1390, Buncombe County


thence along and with the eastern property line of said WB Invest- ments tract the follow- ing three (3) courses and distances: i) North 4006’06” East 14.11 feet to a 5/8” rebar w/cap on line; ii) North 4006’06” East 95.92 feet to a 5/8” rebar w/cap on line; and iii) North 4006’06” East 17.72 feet to a 5/8” rebar w/cap on line in the southeast corner of a tract of land owned, now or formerly, by Samuel Robert Moore, Jr. and wife, Sabrina Moore (see Book 4632, Page 707, Buncombe County Registry); thence along and with the eastern property line of said Moore tract North 4006’06” East 77.28 feet to a 5/8” rebar w/ cap on line; thence along said Moore tract and the eastern prop- erty line of a tract of land owned, now or for- merly, by Ali Soofi (see Book 4430, Page 161, Buncombe County Reg- istry) North 4006’06” East 359.67 feet to a ½” rod on line and North 4006’06” East 9.03 feet to a spindle set in the approximate center line of Gravely Branch Road (S.R. 3148) paved road said point also being located in the northeast corner of a tract of land owned, now or formerly, by Gary E. Carter, Donna Gail Carter Franklin and Janet Lynn Carter Wil- liams (see Book 4776, Page 1221, Buncombe County


Expires: (SEAL) EXHIBIT A (Description of Respon- dents’ Land Being Taken) Being all that certain parcel or tract of land located in Fairview Township, Buncombe County, North Carolina and being more fully described as follows (all coordinates are based on N.C. Grid NAD 83


Commission


thence along and with the center line of said Gravely Branch Road and the eastern prop- erty line of said Carter tract the following nine (9) courses and dis- tances: i) South 3201’40” East 163.16 feet to a point; ii) with a curve to the right, having a radius of 558.54 feet, an arc length of 307.71 feet and a chord bearing and distance of South 1614’42” East 303.84 feet to a point; iii) South 0027’44” East 286.22 feet to a point; iv) with a curve to the right, having a radius of 4981.54 feet, an arc length of 79.88 feet and a chord bearing and distance of South


Registry); Registry);


0055’17” East 79.88 feet to a point; v) South 0122’51” East 94.34 feet to a point; vi) with a curve to the right, having a radius of 4962.55 feet, an arc length of 95.22 feet and a chord bearing and distance of South 0049’52” East 95.22 feet to a point; vii) South 0016’53” East 79.12 feet to a point; viii) with a curve to the right, having a radius of 405.45 feet, an arc length of 302.77 feet and a chord bearing and distance of South 2106’40” West 295.78 feet to a point; and ix) South 4230’13” West 154.22 feet to a spindle set in the southeast corner of the said Carter tract and at or near the right of way of a gravel drive (Bunny Ridge Road); thence with the southwestern property line of said Carter tract and the northeastern property line of a tract of land owned, now or formerly, by Morris E. Presley and wife, Debra K. Pres- ley (see Book 1320, Page 271, Buncombe County Registry) North 4315’25” West 99.10 feet to a ¾” rebar on line and North 4315’25” West 1,291.27 feet to a ½” rod in the northeast corner of land owned, now or formerly, by L. Paul Prete and wife, Lynelle E. Flowers (see Book 3180, Page 224, and Book 4853, Page 1065, both Buncombe County


thence along and with the northeastern prop- erty line of said Prete tract the following six (6) courses and dis- tances: i) North 4315’25” West 110.23 feet to a ¾” rebar on line; ii) North 4315’25” West 71.42 feet to a 5/8” rebar w/cap on line; iii) North 4315’25” West 109.40 feet to a 5/8” rebar w/cap on line; iv) North 4152’42” West 295.89 feet to a 5/8” rebar w/cap on line; v) North 4152’42” West 54.61 feet to a ½” rod; and vi) North 0407’35” East 269.45 feet to a point in Emmas Grove Road (S. R. 3128) a.k.a. Concord Road (60’ NCDOT R/W) said point also being the northwest corner of said Carter tract and the northeast corner of said Long tract; thence along the southern property line of a tract of land owned, now or formerly, by George Perkins and wife, Annette Perkins (see Book 4092, Page 1109, Buncombe County Registry) and a tract of land owned, now or formerly, by Armstrong Investments USA, Inc. (see Book 2730, Page 697, Buncombe County Registry) South 5430’53” East 490.93 feet to an axle on line in the southwest corner of a tract of land owned, now or formerly, by Brenda R. Jones (see Book 3496, Page 606, Buncombe County Reg- istry); thence along and with the southern prop- erty line of said Jones tract South 5430’53” East 65.92 feet to a ¾” pipe and South 2548’13” East 81.51 feet to a 5/8” rebar w/ cap on line in the south- west corner of a tract


Registry);


of land owned, now or formerly, by Steve A. Maloy and wife, Janis E. Maloy (see Book 4145, Page 1627, Buncombe County


thence along and with the southern property line of said Maloy tract South 2548’13” East 150.13 feet to a 1 ½” pipe in the southwest corner of a tract of land owned, now or formerly, by Vincent E. Carangelo and Rosemarie Car- angelo (see Book 4404, Page 1771, Buncombe County


thence along and with the southern property line of said Carangelo tract South 4956’33” East 247.68 feet a to 5/8” rebar w/cap on line in the southwest corner of said Bugg tract; thence along and with the southern prop- erty line of said Bugg tract South 4956’33” East 247.73 feet to the point and place of BEGINNING. The above-described parcel contains 23.45 acres, more or less, as shown on the plat enti- tled “Plat of Subdivision Survey of a portion of the Gary E. Carter, Donna Gail Carter Franklin, and Janet Lynn Carter William Property”, prepared by Vaughn & Melton, dated December 14, 2010, last modified Dec. 17, 2010, bear- ing Drawing No. L-E- 10372, and recorded in Plat Book 128, Page 106, Buncombe County Registry, and being all of that portion of the property described in Book 704, Page 470 and Book 716, Page 198, both Buncombe County Registry, that lies west of the center- line of Gravely Branch Rd. (NCSR 3148). EXHIBIT B (Names and Addresses of Persons with Inter- ests in the Property) NAME & ADDRESS: Neil Carter and wife Lynn Carter 26 Emmas Grove Rd. Fletcher, NC 28732 Annie Rose Hobbs 6305 US Highway 401 S Bunnlevel, NC 28323- 9037 Phyllis Dale 138 Oakdale Dr. Spruce Pine, NC 28777 Christine George and husband William George 879 California Creek Rd. Mars Hill, NC 28754 Loraine Nelson and husband Eric Nelson 6510 Golden Lantern Ct. Apt. 106 Raleigh, NC 27613 Gary E. Carter and wife Christine Carter 2445 Tillery Lane Cumming, GA 30041 Donna Gail Carter Franklin and husband Robert L. Franklin 21 Whipporwill Dr. Weaverville, NC 28787 Janet Lynn Carter Wil- liams and husband Ray R. Williams, III 151 Grand Heron Dr. Panama City Beach, FL 32407 Myron Carter and wife Sharon Carter 630 Concord Rd. Fletcher, NC 28732 Sandra Fletcher and husband Kim Fletcher 1307 Pebble Creek Rd. SE Marietta, GA 30067 Selma Allen and hus- band Philip Allen


Continued on the next page www.weavervilletribune.com Registry); Registry);


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