Asheville/Weaverville 277-1760 Hendersonville 697 - 2932


To Advertise: To Advertise:


Asheville/Weaverville 277-1760 Hendersonville 697-2932


Legals


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


The undersigned, having qualified as Co-Admin- istrators of the Estate of William 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-Admin- istrator Michael C. Frue Co-


Johnson


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


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Administratrix of the Estate of James Allison Jenkins, 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 22nd 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 20th day of January, 2011


Angela Michelle Taylor 34 Anderson Road Weaverville, NC 28787 (WCN716) 1/20 1/27 2/3 2/10


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executrix of the Estate of Martha Ducker, 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 22nd 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 20th day of January, 2011


Mark Wilson, Executrix Estate of Martha Ducker


undersigned,


10 Hack Rhodes Drive Asheville, NC 28806 (WCN717) 1/20 1/27 2/3 2/10


STATE OF NORTH CAROLINE


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executor of the estate of Beverly Jean Hawk- ins Marler, deceased, late of Buncombe County, North Caro- lina, this is to notify all persons, firms and corporations having claims against the estate of said deceased to exhibit them to the undersigned on or before the 22nd day of April , 2011, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate pay- ment.


This the 20th day of January, 2011


Thomas D. Roberts, Executor Estate of Beverly Jean Hawkins Marler 40 North Merrimon Avenue #302 Asheville, NC 28804 (828) 252-0602 (WCN718) 1/20 1/27 2/3 2/10


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having


as Executor of the Estate of Ralph Scar- ritt, 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 29th 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 27th day of January, 2011


John A. Scarritt, Execu- tor Estate of Ralph Scarritt 160 Shamrock Trail Road PO Box 95 Lewisville, NC 27023 (WCN719) 1/27 2/3 2/10 2/17


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executor of the estate of Arthur Jiannine, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against the estate of said deceased to exhibit them to the under- signed on or before the 29th day of April, 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 the27th day of January, 2011.


Louis A. Jiannine, executor


qualified


c/o Thomas D. Roberts, attorney 40 North Merrimon Avenue #302 Asheville, NC 28804 (828) 252-0602 (WCN720) 1/27 2/3 2/10 2/17


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executor of the Estate of Leonard C. Crook, 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 29th 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 27th day of January, 2011


Cecil E. Baker, Execu- tor Estate of Leonard C. Crook 8426 Sand Point Drive- West Jacksonville, FL 32244 (WCN721) 1/27 2/3 2/10 2/17


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


20 THE TRIBUNE/LEADER - January 27 - February 2, 2011 Inc.,


COUNTY OF BUNCOMBE


T I U E L AS RB N EG L


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 enti- tled “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 existing iron pipe, said existing iron pipe mark- ing the Westernmost corner of that 53.94 acre tract designated as Tract ll and as shown 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 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 6th day of January, 2011.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By:


The Note-


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 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


the deposit. Rea- Nicole A. Record 10-SP-1394 5124


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 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., 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-


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


Continued on the next page www.weavervilletribune.com Any suc-


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


of


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24