L AS cn.. EG L o t.


Legals cont...


This instrument applies to all of the Property. The grantors under this instrument are listed as Neil Carter and wife Lynn H. Carter and Neil Carter as executor under the Will of Roy Emory Carter. 8. Easement for the ben- efit of Carolina Power & Light Company dated February 14, 2006 and recorded in Book 4246 at Page 336 in the Bun- combe County Registry. This instrument applies to all of the Property. The grantors under this instrument are listed as Juanita E. Carter, widow, and Kyle E. Carter, widower. 9. Easement for the benefit of Carolina Power & Light Company dated March 10, 2006 and recorded in Book 4246 at Page 338 in the Buncombe County Reg- istry. This instrument applies to all of the Property. The grantors under this instrument are listed as Phyllis Crinoline Carter Dale and husband James M. Dale. 10. Easement for the benefit of Carolina Power & Light Com- pany dated March 13, 2006 and recorded in Book 4246 at Page 340 in the Buncombe County Registry. This instrument applies to all of the Property. The grantors under this instrument are listed as M. Christine C. George and husband William G. George. 11. Easement for the benefit of Carolina Power & Light Com- pany dated February 24, 2006 and recorded in Book 4246 at Page 342 in the Buncombe County Registry. This instrument applies to all of the Property. The grantors under this instrument are listed as Loraine C. Nelson and husband, Eric B. Nelson and Anne Rose Hobbs, widow. (WL788) 1/6 1/13 1/20


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 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;


PROGRESS


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


BUNCOMBE COUNTY


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. LIS PENDENS Pursuant to the pro- visions of N.C. Gen. Stat. §1-116, Petitioner provides the follow- ing information with respect to this pending litigation: 1. Name of Court in Which Action Has Been Commenced: Bun- combe County – Supe- rior Court Division. 2. Names of Parties to the Action: Petitioner: Carolina Power & Light Company d/b/a Prog- ress Energy Carolinas, Inc.; Respondents: Estate of Roy Emory Carter; Neil Carter, individually, as execu- tor of the Estate of Roy Emory Carter, as exec- utor 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 Chris- tine Carter; Donna Gail Carter Franklin and hus- band Robert L. Franklin; Janet Lynn Carter Wil- liams and husband Ray R. Williams, III; Estate of Juanita E. Carter a/k/a Jessie Juanita Carter; Myron Carter and wife Sharon Carter; Sandra Fletcher and husband 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. Flowers. 3. Nature and Purpose of Action: Action for condemnation of ease- ment across property owned by Respon- dents. 4. Description of the Affected Property: See Exhibit A attached hereto and incorporated herein.


This the 20th day of December, 2010.


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 Exhibit A 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


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


ROBERTS CARTER


on N.C. Grid NAD 83 (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


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 property line of a tract of land owned, now or formerly, by Ali Soofi (see Book 4430, Page 161, Buncombe County Registry) 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


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 0055’17” East 79.88


Registry); Registry); Registry);


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 of land owned, now or formerly, by Steve A. Maloy and wife, Janis E.


20 THE TRIBUNE/LEADER - January 20 - January 26, 2011 Registry);


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). (WL789) 1/6 1/13 1/20


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 John C. Shrode and Karen Shrode, dated March 22, 2007 and recorded on March 28, 2007, in Book No. 4380, at Page 1266 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 Janu- ary 25, 2011 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Weaverville, County of Buncombe, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 11 South College St, Weaverville, NC 28787 Tax Parcel ID:


10-SP-282 7386 Registry); Registry);


974217403500000 Present Owners:


C. Shrode and Karen Shrode 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 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 30, 2010


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


the deposit. Rea- J o h n Record


Rogers, Townsend & Thomas, PC Attorneys for David A Simpson, P.C., Substi- tute Trustee 2550 West Tyvola Road, Suite 520 Charlotte, NC 28217 (704)697-5809 (WL790) 1/13 1/20


STATE OF NORTH CAROLINA


File No: 10 SP 1258 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 Jeff Byers, also known as David Jeffrey Byers, single, original mort- gagor, and recorded in the Office of the Bun- combe County Regis- ter of Deeds in Deed of Trust Book 4741, at Page 1530. 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 10:00 a.m. on the 3rd day of February, 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 53.94 acres +/-, Upper Hominy Creek, Can- dler, NC 28715 and described as follows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4741, at Page 1530 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. BEING all of that prop- erty consisting of 53.94 acres more or less and being designated as Tract 2 on a Plat entitled “Survey for Ann Y. Vining” by Wallace S. McAbee, R.L.S. as recorded in Plat Book 58 at Page 59, Bun- combe County Register of Deeds Office. LESS AND EXCEPT- ING THE FOLLOWING TRACTS OR PARCELS OF LAND: TRACT I: BEING all of that tract or parcel of land as described in a Deed dated January 12, 1994, from Michael W. Netherton, unmar- ried to Charles Ronnie McCarson and wife, Deborah M. McCarson, as recorded in Deed Book 1781, at Page 430, Buncombe County Registry. TRACT II: BEGINNING at an exist- ing iron pipe, said existing iron pipe mark- ing the Westernmost corner of that 53.94 acre tract designated as Tract ll and as shown


Inc.,


COUNTY OF BUNCOMBE


on Plat Book 58 at Page 59, Buncombe County Registry and from the beginning corner thus established runs South 45 deg. 25’ 48” East 147.55 feet to a new iron pipe; thence North 62 deg. 45` 41” East 449.73 feet to a new iron pipe in the center of a 30 foot right of way; thence leaving the center of said 30 foot right of way and run- ning North 67 deg. 11’ 53” East 31.79 feet to a new iron pipe located in the Western line of the Ronnie McCarson property and Northern and Eastern margin of the aforementioned 30 foot right of way; thence with the North- ern and Eastern margin of said 30 foot right of way, North 83 deg. 53’ 56” West 68.90 feet to a new iron pipe; thence North 53 deg. 29’ 41” West 26 feet to a new iron pipe; thence North 1 deg. 46’ 12” West 164.94 feet to a new iron pipe; thence North 25 deg. 11’ 44” East 97.70 feet to a new iron pipe located at a poplar, thence leaving the Eastern margin of said 30 foot right of way and running North 16 deg. 00’ 07” West 29.41 feet to a point in the center of White Rock Road (SR 1111); thence with the center of White Rock Road, South 26 deg. 26` 28” West 62.65 feet; thence South 43 deg. 15’ 42” West 39.80 feet thence leav- ing the center of White Rock Road and running with Tract I as shown on Plat Book 58 at Page 59, South 29 deg. 53’ 53” West 196.60 feet; thence South 50 deg. 24’ 11” West 220.03 feet; thence South 81 deg. 14’ 48” West 152.31 feet to the point or place of BEGINNING. CONTAINING 1.51 acres, more or less and being the same prop- erty as set forth on an unrecorded Plat entitled “survey for Michael W. Netheron” dated Janu- ary 6, 1994, by Wallace S. McAbee, R.L.S. Property to be con- veyed to the Grantee is a portion of that tract or parcel of land as described in a Deed dated February 14, 1991, from Ann Y. Vining, unmarried, to Michael W. Netherton, unmarried, said Deed being recorded in Deed Book 1641 at Page 52. TRACT II: BEING all of that prop- erty as described in a Deed from Sammy Frank Overman and wife, Brenda Pruitt Overman to Michael Netherton, as recorded on October 15, 1991, in Deed Book 1669 at Page 416, Buncombe County Registry. THIS CONVEYANCE is made together with and subject to a non- exclusive 60 foot right of way for purposes of ingress, egress and regress. Said 60 foot right of way intersect- ing with White Rock Road (SR 1111) Eastern and Northern line of said 60 foot right of way being more particularly described as follows: BEGINNING at a new iron pipe at a poplar, said pipe being located South 16 deg. 00’ 07” East 29.41 feet from the Northernmost corner of the above-described 1.51 acre exception from this deed and from


the beginning corner thus established runs South 25 deg. 11’ 44” West 97.70 feet to a new iron pipe; thence South 1 deg. 46’ 12” East 164.94 feet to a new iron pipe; thence South 53 deg. 29’ 41” East 26 feet; thence South 83 deg. 53’ 56” East 68.90 feet to a new iron pipe. The Grantees, their heirs and assigns by the acceptance of this Deed further sub- ject themselves, their heirs and assigns to future road mainte- nance agreements as agreed upon with the Grantor, his successors and assigns. THIS CONVEYANCE if further made together with and subject to a water easement as recorded in Deed Book 1669 at Page 418, Buncombe County Reg- istry and right of way agreement as recorded in Deed Book 1669 at Page 420, Buncombe County Registry. THIS CONVEYANCE if further made together with and subject to a 20 foot right of way over the Grantors property as shown on the recorded Plat in Book 58 at Page 59 and designated on said plat as tax Lot 24, Sheet 82, property of Vaughn Melvin Warren, Deed Book 1525, Page 650 as the same pres- ently exist and crosses the Southeast corner of said property, The warranties in this deed shall not apply to the use of this particular right of way. The Grantor further convey’s to the Grant- ees water rights to a creek located within the bounds of the above-mentioned 60 foot right of way. The Grantees shall have the right to run a line to said creek as it lies within the bounds of said right of way and to receive water from said creek and agrees to return any property of the Grantors to its origi- nal condition before installation of the pipe. Grantee shall further have a right of way for purposes of maintain- ing said pipe. BEING the same prop- erty as conveyed by deed recorded in Deed Book 1791, Page 592, Buncombe County, NC Registry. Any property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Bun- combe County, North Carolina Registry. 4. Any buildings located on the above-described property are also included in the sale. 5 The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substi- tute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hun- dred Fifty and no/100 Dollars ($750.00). 6. All bidders bid for the property AS IS on the date of sale. Absolutely no warranties are made as to the condition, value or title of the prop- erty. While the Substi- tute Trustee believes the title to be good, all bidders are advised


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 6th day of January, 2011.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: Rebecca R. York, Vice- President P.O. Box 8942 Asheville, NC 28814 Phone: 828-691-5250 (WL791) 1/20 1/27


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 Nicole A. Page, dated September 24, 2007 and recorded on September 25, 2007, in Book No. 4467, at Page 646 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


Continued on the next page www.weavervilletribune.com 10-SP-1394 5124


that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests.


The Note-


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