All-County Middle/High School Band concert rescheduled


Te All-County Band concert will now be held at 7 pm on March 1 at North Buncombe High School. For more information, contact Dr. Susan Hensley at 255-5951.


Volunteer opportunities Want to volunteer in the community but don’t know where to start? An upcoming session from 9:30 am


to 11 am on Friday (Jan. 21) at UNCA’s N.C. Center for Creative Retirement will explain several opportu- nities in the area. Tis event is free and open to the public. To reserve a seat, call Vicki at the Land-of-Sky Regional Council at 251-6622 or vicki@landofsky.org.


LEG S cont... AL


Legals cont...


auction, to the high- est bidder for cash at the usual place of sale at Buncombe County Courthouse, Asheville, North Carolina on Feb- ruary 1, 2011 at 10:00 AM that parcel of land, including improve- ments thereon, situ- ated, lying and being in the City of Candler, County of Buncombe, State of North Carolina, and being more partic- ularly described in the above referenced Deed of Trust. Address of property: 10 Chinaberry Lane, Candler, NC 28715 Tax Parcel ID: 8697-63-7013-00000 Present Owners:


Page 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


the deposit. Rea- Nicole A. Record


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 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 on May 20, 2009.


Dated: December 2, 2010


Posted: Witness: Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C., Substitute Trustee By: Rogers Townsend & Thomas, PC Attorneys for David A. Simpson, P.C., Substi- tute Trustee 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 704-442-9500 (WL792) 1/20 1/27


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE


In the Matter of the Foreclosure of the Deed of Trust executed by John S. Bellerjeau III and Heidi Bellerjeau, Grantor, to Trste, Inc.,


www.leicesterleader.com


Original Trustee, As recorded in Book 4314, Page 126 of the Buncombe County Public Registry. See Substitution of Trustee which Substi- tutes Marjorie R. Mann as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 4812, Page 1916 of the Buncombe County Public Registry. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVI- SION 10-SP-1621 NOTICE OF SUBSTI- TUTE TRUSTEE’S FORECLO- SURE SALE OF REAL PROP- ERTY Pursuant to the power and authority contained in the Deed of Trust from John S. Bellerjeau III and Heidi Beller- jeau to Trste, Inc. (the “Original Trustee”) for the benefit of Wacho- via Bank, National Association recorded in Book 4314, Page 126 of the Buncombe County Public Registry (the “Deed of Trust”), the undersigned Sub- stitute Trustee will sell at public auction, to the highest bidder for cash, the real property described as follows), together with all rights, privileges and appur- tenances thereto (the “Property”): BEING all of Lot 2 as shown on a plat of Phase Five, The Cliffs at Walnut Cove which said plat is duly recorded in Plat Book 104 at Page 161 in The Office of The Register of Deeds for Buncombe County, North Carolina, refer- ence to which is hereby made for more particu- lar description. The record owner(s) of the Property as reflected by the records of the Register of Deeds of Buncombe County not more than ten (10) days prior to the post- ing of this Notice were John S. Bellerjeau III and Heidi Bellerjeau. The Property will be sold subject to any and all matters supe- rior to the lien of the Deed of Trust, includ- ing without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c)


valid and enforceable, easements and restric- tions of record; and (d) matters which would be revealed by a current and accurate survey of the property. The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust, nor the officers, directors, attorneys, employees, agents or authorized representatives


either the Substitute Trustee or the holder of the Note make any rep- resentation or warranty relating to the title or any physical, environ- mental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are dis- claimed. Pursuant to North Caro- lina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00).


cessful bidder shall be required to tender the full balance of the pur- chase price so bid in cash or certified check at the time the Substi- tute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sec- tions 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of rev- enue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale. The sale will be held open for ten (10) days for upset bids as by law required. DATE OF SALE: February 4, 2011 HOUR OF SALE:


Any suc- of


11:00 a.m. PLACE OF SALE: Buncombe County Courthouse


This the 4th day of January, 2011.


/s/Marjorie R. Mann Marjorie R. Mann, Sub- stitute Trustee Roberts & Stevens, P.A. BB&T Building, Suite 1100 One West Pack Square Asheville, North Caro- lina 28801 Telephone: (828) 252- 6600 (WL793) 1/20 1/27


STATE OF NORTH CAROLINA


File No: 10 SP 1218 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 Waight- still Mountain, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4620, at Page 582, as modified in Book 4739, at Page 1666, and Book 4696, at Page 1523. 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 10:15 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 8.11 acre tract, Arabella Heights, Waightstill Mountain, Arden, NC 28704 and described as follows:


Inc.,


COUNTY OF BUNCOMBE


Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4620, at Page 582, as modi- fied in Book 4739, at Page 1666, and Book 4696, at Page 1523 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. BEING ALL OF that cer- tain tract of parcel of land described in that deed recorded in Deed Book 4122, at Page 1979 in the Office of the Register of Deeds for Buncombe County, LESS AND EXCEPT- ING THEREFROM all of that property shown on those plats recorded in Plat Book 102, at Page 200, Plat Book 112, at Page 188, and Plat Book 118, at Page 152. TOGETHER WITH a right of way for ingress, regress and egress to the property described above across those rights of way shown on the above referenced plats. (TRACT V) 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


The Note-


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 (WL794) 1/20 1/27


STATE OF NORTH CAROLINA


File No: 10 SP 1303 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty and Construction,


Substitute Trustee, has begun proceedings to FORECLOSE under the


Inc.,


COUNTY OF BUNCOMBE


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 S & W Con- dominium Corporation, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4446, at Page 46. 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: 2. The property will be sold by the Substitute Trustee at 10:00 o’clock a.m. on the 4th 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 56 Patton Avenue, Asheville, North Carolina, and described as follows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4446, at Page 46 of the Bun- combe County, North Carolina Registry and said description is incorporated herein by reference. Lying and being in the City of Asheville and known as 56 Patton Avenue; bounded on the north by Patton Avenue, on the south by Commerce Street, on the west by property now or formerly owned by Windy Corner, Inc., and on the east by the center line of the west wall of the Drhumor Building now owned by Drhumor Associates, LLC and being more particularly described as follows: BEGINNING at a point on the south side of the right of way of Patton Avenue, said point being located at the northwest corner of the property of Drhumor Associates, LLC described in Book 4261, page 976, said point being South 75


degrees 40’ 00” West 73.92 feet from a found drill hole in the con- crete sidewalk at the intersection of Patton Avenue and Church Street; and runs from said beginning point and with the south margin of the right of way of Patton Avenue, South 75 degrees 00’ 00” West 76.22 feet to the northeast corner of the Windy Corner, Inc. property; thence with the Windy Corner, Inc. line South 14 degrees 41’ 00” East 74.57 feet; South 75 degrees 00’ 00” West 0.25 foot and South 14 degrees 25’ 00” East 25.00 feet to the north margin of the right of way of Com- merce Street; thence with the north margin of the right of way of Commerce Street North 75 degrees 00’ 00” East 74.58 feet to a nail in said north margin; thence North 13 degrees 21’ 05” West 99.62 feet to the BEGINNING, according to a plat of survey by Keith R. Sanders, PLS dated 22 June 2007 (Project 07-0097). Less Releases of record for Condominium Units 301, 302 and 303, S & W Condominium. 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 Public Law 111-22: Protecting Ten- ants at Foreclosure Act of 2009.


THIS the 13th 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: 828-777-5250 (WL795) 1/20 1/27


The Note-


January 20 - January 26, 2011 - THE TRIBUNE/LEADER 21


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