L AS cn.. EG L o t.


Legals cont...


described in the above referenced Deed of Trust. Address of property: 30 Craven Hill Circle, Black Mountain, NC 28711 Tax Parcel ID: 0629-35-4238-00000 Present Owners:


and Jill Perry 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


the deposit. Rea- Roy Perry on May 20, 2009. Record


Posted: Witness: Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C., Substitute Trustee By: Attorney at Law 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 (WL801) 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 Charles R. Burnett, dated February 16, 2007 and recorded on February 21, 2007, in Book No. 4363, at Page 1224 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 Asheville, County of Buncombe, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 82 Laurel Creek Drive, Asheville, NC 28803 Tax Parcel ID: 9667-33-3757-00000 Present Owners:


R. Burnett 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.


C h ar l es Record


SUBSTITUTE TRUSTEE’S


10-SP-1451 NOTICE OF


5591


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.


Posted: Witness: Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C., Substitute Trustee By: Attorney at Law 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 (WL802) 2/3 2/10


FORECLOSURE SALE OF REAL PROPERTY


UNDER AND BY VIRTUE of the power and author- ity contained in that certain Deed of Trust executed and delivered by Houston B. Harris, dated July 19, 1994 and recorded on July 20, 1994, in Book No. 1571, at Page 322 and re-recorded on Novem- ber 1, 2004, in Book No. 3826, at Page 14 in the Office of the Register of Deeds of Buncombe County, North Carolina, and modified by the Deed of Trust Amend- ment Agreement dated October 19, 2004 and recorded on November 1, 2004, in Book No. 3826, at Page 14 of the Buncombe County Public Registry; and because of default in the payment of the


SUBSTITUTE TRUSTEE’S


10-SP-1716 NOTICE OF


5791 the deposit. Rea-


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 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: Land on Browns View Church Road, Candler, NC 28715 Tax Parcel ID: 9605-43-3769-00000 Present Owners:


B. Harris 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,


20 THE TRIBUNE/LEADER - February 10 - February 16, 2011 the deposit. Rea- Hous t on Record


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.


David A. Simpson, P.C., Substitute Trustee By: Attorney at Law Rogers Townsend & Thomas, PC Attorneys for David A. Simpson, P.C. Substitute Trustee 2550 West Tyvola Road Suite 520 Charlotte, NC 28217 (704) 442-9500 (WL803) 2/3 2/10


NOTICE OF SERVICE OF PROCESS LEGAL NOTICE


STATE OF NORTH CAROLINA


COURT OF JUSTICE DISTRICT COURT DIVISION


FILE NO. 11 CVD 0429


CYNTHIA L. NOELL, Plaintiff. vs. ANTHONY NOELL, Defendant. NOTICE OF SERVICE PROCESS Absolute Divorce TO:


NOELL, Defendant TAKE NOTICE that a pleading seeking relief against you has been filed in the above-enti- tled action. The nature of the relief sought is as follows: Absolute Divorce, pursuant to North Carolina General Statue Chapter 50. YOU are required to make defense to such proceedings no later than March 15, 2011, said date being 40 days from the publication of this notice, and upon your failure to do so, the Plaintiff will apply to the court for relief sought. If you are indigent, you are entitled to appointed counsel. You may contact the District County Clerk of Court immediately to request counsel. Note: This is a new case; any attorney appointed previously will not represent you in the proceeding unless ordered by the court.


THIS 27th day of Janu- ary, 2011.


The McDonald Law Offices, P.A. (Signed)DIANE


MCDONALD, Attorney for the Plain- tiff 22 South Pack Square, Suite 1000 Asheville, North Caro- lina 28801 828-350-8742 State Bar #8878 (WL804) 2/3 2/10 2/17


STATE OF NORTH CAROLINA


File No: 10 SP 1387 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty and Construction,


Substitute Trustee, has Inc.,


COUNTY OF BUNCOMBE


K. ANTHONY IN THE GENERAL


COUNTY OF BUNCOMBE


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 Lake- wood Asheville, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4625, at Page 589, and re-recorded in Book 4650, at Page 194. 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 10:30 a.m. on the 21st 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 gener- ally described as Lot 3 Cottages at Liberty Green, Liberty Street, Asheville, NC 28803 and described as fol- lows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4625, at Page 589 and re-recorded in Book 4650, at Page 194 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. Being all of Lot 3 of the Cottages on Liberty Green as shown on that plat recorded in Plat Book 120, at Page 138 of the Buncombe County, NC Register’s Office; reference to which Plat is hereby made for a more par- ticular description of said Property. And being a portion of that property described in deed recorded in Book 4510, at Page 1892 of the Buncombe County, NC Register’s Office. 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: Rebecca R. York, Vice- President P.O. Box 8942 Asheville, NC 28814 Phone: 828-691-5250 (WL806) 2/10 2/17


STATE OF NORTH CAROLINA


File No: 10 SP 1391 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 Lake- wood Asheville, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4510, at Page 1895. The record owner


Inc.,


COUNTY OF BUNCOMBE


The Note-


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 10:00 a.m. on the 21st 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 70 Liberty Street, Asheville, NC 28803 and described as follows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4510, at Page 1895 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. Being all that certain lot or parcel of land situated in Buncombe County, North Carolina, being more particularly described as follows: TRACT ONE: Beginning at a stake in the western margin of Liberty Road, said stake being located North 2 degrees 23 minutes East 108.6 feet from the northwest corner of a tract of land belonging to Perry A. Dillingham and wife; thence with the western margin of said Liberty Road, South 2 degrees 23 minutes West 108.6 feet to an iron pipe, said Dillinghams’ northwest corner; thence with the north line of Dilling- hams’ tract, South 85 degrees 55 minutes East 289.5 feet to an iron pipe; thence North 3 degrees 22 minutes West 108.6 feet to a stake; thence North 86 degrees 30 minutes West 200 feet to the Beginning. TRACT TWO: Beginning at a rebar found in the eastern margin of the right-of- way of Liberty Street, which rebar found narks the northeasternmost corner of that prop- erty described in Deed Book 1969 at Page 749, Buncombe County Registry, and which rebar found marks the northernmost corner of that 0.322- acre parcel as shown on Plat Book 77 at Page 145, Bun- combe County Regis- try; thence from said beginning point and with the western line of the Clark H. Merrill property as described in Deed Book 881, at Page 292, Buncombe County Registry, South 02 degrees 18 minutes 27 seconds West 60.77 feet to an existing iron pin located in the north- ern line of that certain 0.310-acre parcel con- veyed to Jincy O’Neal; thence with the north- ern line of the said O’Neal property, North 85 degrees 53 minutes 57 seconds West 17.82 feet to a rebar set in the eastern margin of the right-of-way of Liberty Street; thence with the eastern margin of the right-of-way of Lib- erty Street, North 18 degrees 47 minutes 25 seconds East 62.77 feet to the point and place of beginning; containing 0.012 acres, more or less, according to that survey by Bartlett Sur- veying dated July 19,


2000, and bearing file number 80400; which survey is incorporated herein by reference. Tracts One and Two described above being all of that property described in that deed recorded in Deed Book 4460 at Page 571 of the Buncombe County, NC Register’s Office. Any property described in the Deed of Trust which is not being offered for sale is described as follows: Less and except any property previously released pursuant to any Release Deeds recorded in the Bun- combe County Public Registry,


ing, without limita- tion, Release Deeds recorded in Book 4627, at Page 928 and Book 4627, at Page 930, of the Buncombe County, North Carolina Public 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


The Note- includ-


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 (WL807) 2/10 2/17


STATE OF NORTH CAROLINA


File No: 10 SP 1388 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 Lake- wood Asheville, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4625, at Page 574, and re-recorded in Book 4650, at Page 233. 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 21st 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 gener- ally described as Lot 4 Cottages at Liberty Green, Liberty Street, Asheville, NC 28803 and described as fol- lows: Being all of that prop- erty described in that certain Deed of Trust recorded in Book 4625, at Page 574 and re-recorded in Book 4650, at Page 233 of the Buncombe County, North Carolina Registry and said description is incorporated herein by reference. Being all of Lot 4 of the Cottages on Liberty Green as shown on that plat recorded in Plat Book 120, at Page 138 of the Buncombe County, NC Register’s Office; reference to which Plat is hereby made for a more par- ticular description of said Property. And being a portion of that property described in deed recorded in Book 4510, at Page 1892 of the Buncombe County, NC Register’s Office. Any property described in the Deed of Trust which is not being


Continued on the next page www.weavervilletribune.com Inc.,


COUNTY OF BUNCOMBE


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