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Asheville/Weaverville 277-1760 Hendersonville 697-2932
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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 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 Hawkins Marler, 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 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 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
www.leicesterleader.com qualified 2/10 2/17
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Administrator CTA of the Estate of Kathleen A. Micek aka Kathleen Samantha Shugrue, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the undersigned on or before the 6th day of May, 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 3rd day of Feb- ruary, 2011
Jerry L. Grant, Admin- istrator CTA Estate of Kathleen A. Micek aka Kathleen Samantha Shugrue 12 Stonewood Drive Weaverville, NC 28787 828-645-5510 (WCN722) 2/3 2/10 2/17 2/24
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Executor of the Estate of Margie Quinn, 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 13th day of May, 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 10th day of February, 2011
Henry Lewis Lance, Jr., Executor Estate of Margie Quinn 389 Reeves Cove Road Candler, NC 28715 (WCN723) 2/10 2/17 2/24 3/3
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Administratrix of the Estate of Grace Marie Young, 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 13th day of May, 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 10th day of February, 2011
Tamera Y. Nix, Admin- istratrix Estate of Grace Marie Young 638 Macedonia Road Asheville, NC 28804 (WCN724) 2/10 2/17
2/24 3/3
STATE OF NORTH CAROLINA
COURT OF JUSTICE DISTRICT COURT DIVISION
FILE NUMBER: 11 CvD 396
COUNTY OF BUN- COMBE, a body corpo- rate and politic, Plaintiff, vs. DUSTIN M. BEACH, owner; JANE DOE, UNKNOWN SPOUSE of Dustin M. Beach, owner; et al., Defendants. NOTICE OF SERVICE OF PROCESS BY PUBLICA- TION To: DUSTIN M. BEACH and JANE DOE, UNKNOWN SPOUSE of Dustin M. Beach Take notice that a pleading seeking relief against you has been filed in the above-enti- tled action, and notice of service of process by publication began on January 27, 2011. The nature of the relief being sought is as fol- lows: foreclosure sale to satisfy unpaid ad valorem property taxes on your interest in the property described as PIN# 9648-70-7896- C000F which is more completely described in the complaint. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property. You are required to defend such pleading not later than March 9, 2011, and upon your failure to do so, the party seeking service of process by publication will apply to the court for the relief sought. Norman C. Riddle Norman C. Riddle, FOR THE FIRM Norman C. Riddle, P.A., Attorney for Plaintiff 5 Blueberry Ridge Asheville, NC 28804 828/658-0077 NC Bar # 18392 (WL796) 1/27 2/3 210
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 Richard C. Camby and Sherry Lynette Camby, a/k/a S. Lynette Camby, dated September 10, 2008 and recorded on October 14, 2008, in Book No. 4615, at Page 377 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 15, 2011 at 10:00
10-SP-1109 796 IN THE GENERAL
COUNTY OF BUNCOMBE
T I U E L AS RB N EG L
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: 8 Alexander Road, Weaverville, NC 28787 Tax Parcel ID: 9742-18-1747-00000 Present Owners:
C. Camby and Sherry Lynette Camby, a/k/a S. Lynette Camby 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 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
the deposit. Rea- R ic ha r d Record
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 16, 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 (WL797) 2/3 2/10
STATE OF NORTH CAROLINA
BEFORE THE CLERK FILE NO. 10SP1557
STEPHEN BARNWELL, Petitioner, vs. STEPHEN M. MESSER, Respondent. NOTICE OF SALE Under and by virtue of the power of sale con- tained in that certain deed or trust executed by Respondent to Stephen Barnwell, Trustee dated the 19th day of July, 2007, and recorded in the Office of the Register of Deeds of Buncombe County, North Carolina, on the 20th day of July, 2007, in Deed of Trust Book 4437 at Page 1870, and default having been made in the payment of the indebtedness thereby secured and in the failure to carry out or perform the stipula- tions and agreements therein contained, and the holder of the indebt- edness thereby secured having demanded a foreclosure there of for the purpose of sat- isfying said indebted- ness, and the Clerk of Superior Court grant- ing permission for the foreclosure, the under- signed Trustee will offer for sale at public auction to the highest bidder for cash at the Courthouse door in Buncombe, North Caro- lina, at 12:00 noon on the 15th day of Febru- ary, 2011, the land as improved, conveyed in said deed of trust, the same lying and being in Fairview Township, Buncombe County, North Carolina, and being more particularly described as follows: LYING AND BEING in Fairview Township of Buncombe County, North Carolina, and BEING ALL of Lot 9 of the property of New Lite, Inc as shown on plat thereof recorded in Plat Book 55 at Page 45 in the Office of the Reg- ister of Deeds of Bun- combe County, North Carolina, reference to which is hereby made for a more particular description of said property, and BEING ALL of that certain property described in deed recorded in Deed Book 4398 at Page 1048 in the Office of Register of Deeds of Buncombe County, North Carolina. TOGETHER also with those certain water
COURT OF JUSTICE SUPERIOR COURT DIVISION
IN THE GENERAL
COUNTY OF BUNCOMBE
rights and easements appurtenant to the above described prop- erty also in the afore referenced deed of trust. The record owner of this property as reflected on the records of the Register of Deeds of Buncombe County is Stephen M. Messer. Terms of the sale include the amount of the cash deposit, if any, to be made by the high- est bidder at the sale and five percent (5%) of the amount of the high- est bid must be depos- ited with the Trustee pending confirmation of the sale.
This the 3rd day of January, 2011
STEPHEN BARNWELL, Trustee P.O. Box 236 Skyland, NC 28776 (828) 684-3732 NC Bar No. 6996 (WL798) 2/3 2/10
STATE OF NORTH CAROLINA
BEFORE THE CLERK FILE NO. 10SP1558
Respondent. NOTICE OF SALE Under and by virtue of the power of sale con- tained in that certain deed or trust executed by Respondent to Stephen Barnwell, Trustee dated the 1st day of October, 2008, and recorded in the Office of the Register of Deeds of Buncombe County, North Caro- lina, on the 1st day of October, 2010, in Deed of Trust Book 4612 at Page 1026, and default having been made in the payment of the indebt- edness thereby secured and in the failure to carry out or perform the stipulations and agree- ments therein con- tained, and the holder of the indebtedness thereby secured having demanded a foreclo- sure there of for the purpose of satisfying said indebtedness, and the Clerk of Superior Court granting permis- sion for the foreclosure, the undersigned Trustee will offer for sale at public auction to the highest bidder for cash at the Courthouse door in Buncombe, North Carolina, at 12:00 noon on the 15th day of Feb- ruary, 2011, the land as improved, conveyed in said deed of trust, the same lying and being in Fairview Township, Buncombe County, North Carolina, and being more particularly described as follows: BEING ALL of Lot 4 of the property of Newlite, Inc., as shown plat thereof recorded in Plat Book 55 at Page 45 in the Office of the Regis- tered of Deeds of Bun- combe County, North Carolina, reference to which is hereby made for a more particular description of said property. TOGETHER ALSO with the non-exclusive use of water for one single family residence from that certain community water system as such
STEPHEN BARNWELL, Petitioner, vs. KAREN
CERNEK,
COURT OF JUSTICE SUPERIOR COURT DIVISION
IN THE GENERAL
COUNTY OF BUNCOMBE
system is described in the document recorded in Deed Book 1512 at Page 274 of the Bun- combe County, North Carolina Registry, subject to the rights of others in and to the use of said water rights, and the obligation of Grantee herein to contribute to the cost of maintain- ing and operating such system, the cost which shall be divided among the number of resi- dences utilizing same for a source of potable water. The record owner of this property as reflected on the records of the Reg- ister of Deeds of Bun- combe County is Karen Cerneck. Terms of the sale include the amount of the cash deposit, if any, to be made by the high- est bidder at the sale and five percent (5%) of the amount of the high- est bid must be depos- ited with the Trustee pending confirmation of the sale.
This the 3rd day of January, 2011
STEPHEN BARNWELL, Trustee P.O. Box 236 Skyland, NC 28776 (828) 684-3732 NC Bar No. 6996 (WL799) 2/3 2/10
STATE OF NORTH CAROLINA
File No: 10 SP 1785 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 under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: 1. The instrument pur- suant to which such sale will be held is that certain Deed of Trust executed by Lee Nesbitt Madison, original mort- gagor, and recorded in the Office of the Bun- combe County Register of Deeds in Deed of Trust Book 4470, at Page 825. The record owner of such prop- erty, 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 Substitute Trustee at 2:30 p.m. on the 15th day of Febru- ary, 2011 at the Court- house door in the City of Asheville, Buncombe County, North Carolina. 3. The real property to be sold is generally described as follows: Being all of Tract B as shown on a Plat pre- pared for the Estate of Viola Broadway recorded in the Office of the Register of Deeds, Buncombe County, NC, in Plat Book 73, at Page 177 and being all of the property conveyed to W.A. Broadway, Jr. and Stella Viola Broadway by Deed dated August 15, 1955, recorded in Deed Book 762, at Page 554, and all of
Inc.,
COUNTY OF BUNCOMBE
the property conveyed to W. A. Broadway, Jr. and Viola Broadway by Deed dated Febru- ary 16, 1950, recorded in Deed Book 687, at Page 313, and all of the property shown as an extension of Meda Lane on the aforesaid Plat lying between Lots 55,56, and 57 on the north and Lots 60, 59, and 58 on the south of said Meda Lane. Together with an sub- ject to the right of way of Meda Lane as shown in Plat Book 21 at Page 87. Together with and subject to a perpetual, appurtenant right of way and easement for ingress, egress, regress and installation of utilities being 12.5 feet in width and more particularly described in instruments recorded in Book 2264, at Pages 857, 859, 861, 863, and 865, Buncombe County Registry. Less and except the properties described a Release Deed recorded in Book 4564, Page 428, Buncombe County Registry, as follows: Lots 2,3,4,5, and 6 as described in a survey for Lee Nesbitt Madison by Wallace S. McAbee dated January 30, 2008 recorded in Plat Book 116, Page 59; BEING a portion of the property described in a General Warranty Deed from John R. McBrayer, et al to Lee Nesbitt Madison dated and recorded September 4, 2003 in Record Book 3376, Page 457, Buncombe County Registry. AND BEING Lot 1 as described in a survey for Lee Nesbitt Madi- son by Wallace S. McAbee dated January 30, 2008, recorded in Plat Book 116, Page 59, Buncombe County Registry. Any property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Bun- combe County, North Carolina Registry. 4. Any buildings located on the above-described property are also included in the sale. 5. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substi- tute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hun- dred Fifty and no/100 Dollars ($750.00). 6. All bidders bid for the property AS IS on the date of sale. Absolutely no 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.
The Note-
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 19th day of January, 2011.
SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. Rebecca R. York, Vice- President PO Box 8942 Asheville, NC 28814 Telephone: 828-691- 5250 (WL800) 2/3 2/10
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 Roy Perry and Jill Perry, dated June 28, 2007 and recorded on June 28, 2007, in Book No. 4427, at Page 711 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 15, 2011 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Black Mountain, County of Buncombe, State of North Carolina, and being more particularly
Continued on the next page February 10 - February 16, 2011 - THE TRIBUNE/LEADER 19
SUBSTITUTE TRUSTEE’S
10-SP-1682 NOTICE OF
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