L AS cn.. EG L o t.


Legals cont...


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 (WL808) 2/10 2/17


STATE OF NORTH CAROLINA


COURT OF JUSTICE SUPERIOR COURT DIVISION


10-SP-1789


In the Matter of the Foreclosure of the Deed of Trust executed by Gary Keene, Renee S. Keene and The Keene Group, Ltd., Grantor, to Trste, Inc., Original Trustee, As recorded in Book 4642, Page 204 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 4838, Page 305 of the Buncombe County Public Registry. NOTICE OF SUBSTI- TUTE TRUSTEE’S FORECLO- SURE SALE OF REAL PROP- ERTY Pursuant to the power and authority con- tained in the Deed of Trust from Gary Keene, Renee S. Keene and The Keene Group, Ltd. to Trste, Inc. (the “Original Trustee”) for the benefit of Wacho- via Bank, National Association recorded in Book 4642, Page 204 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


IN THE GENERAL


COUNTY OF BUNCOMBE


cash, the real property described as follows, together with all rights, privileges and appur- tenances thereto (the “Property”): BEING all of Lot 149 as shown on a plat of Phase Two, The Cliffs at Walnut Cove which said plat is duly recorded in Plat Book 86 at Page 82 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 owners 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 The Keene Group, Ltd. and Renee S. Keene. 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 Sub- stitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respec- tive officers, directors, attorneys, employees, agents or authorized representatives, make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and any and all respon- sibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed. 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:


www.leicesterleader.com Any suc-


February 25, 2011 HOUR OF SALE: 11:30 a.m. PLACE OF SALE: Buncombe County Courthouse


This the 27 day of Janu- ary, 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 (WL809) 2/10 2/17


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 Diane M. Duermit and Michael D. Duermit, dated January 7, 2008 and recorded on January 7, 2008, in Book No. 4508, at Page 1783 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 22, 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: 146 Rock Hill Road, Asheville, NC 28803 Tax Parcel ID: 9656-38-6593-00000 Present Owners:


Duermit and Michael D. Duermit 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.


Diane M. Record


SUBSTITUTE TRUSTEE’S


10-SP-1352 NOTICE OF


4391


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.


Posted: Witness: Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C. Substitute Trustee (704)619-6551 (WL810) 2/10 2/17


STATE OF NORTH CAROLINA


File No: 10 SP 1705 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 David P. Pyle and wife, Laurene R. Pyle, original mort- gagors, and recorded in the Office of the Buncombe County Reg- ister of Deeds in Deed of Trust Book 4316, at Page 677. The record owner of such prop- erty, as reflected on the records of the Register of Deeds not more than


Inc.,


COUNTY OF BUNCOMBE


the deposit. Rea-


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 10:00 a.m. on the 28th day of February, 2011 at the Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is generally described as follows: Being all of Lot 96, Phase 1 of Leicester Village as shown on that plat recorded in Plat Book 100, at Page 171 of the Buncombe County, NC Register’s Office; reference to which Plat is hereby made for a particular description of said Lot. The above-described Lot is conveyed together with and subject to restrictive covenants of record, includ- ing but not limited to those recorded in Book 4150, at Page 701 and in Book 4159, at Page 625, and all amend- ments thereto, 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


The Note-


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 the Federal Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 28th 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 (WL811) 2/17 2/24


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 Clifton Freeman Cash, dated October 26, 2004 and recorded on November 1, 2004, in Book No. 3826, at Page 455 in the Office of the Reg- ister of Deeds of Bun- combe County, North Carolina; and because of default in the pay- ment of the indebted- ness secured thereby and failure to carry out and perform the stipu- lations and agreements contained therein and, pursuant to demand of the holder of the indebt- edness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Buncombe County Courthouse, Asheville, North Caro- lina on March 1, 2011 at 10:00 AM that parcel of land, including improve- ments thereon, situ- ated, lying and being in the City of Asheville, County of Buncombe, State of North Carolina, and being more partic- ularly described in the above referenced Deed of Trust. Address of property: 20 Sherdover Estates Drive, Asheville, NC 28806 Tax Parcel ID: 9619.15 73 0231.000 Present Owners:


Freeman Cash 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


February 17 - February 23, 2011 - THE TRIBUNE/LEADER 21 C l i f t o n Record


SUBSTITUTE TRUSTEE’S


10-SP-1264 NOTICE OF


4488


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 deposit. Rea-


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 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 (WL812) 2/17 2/24


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 Alzie M. Rice, dated March 15, 2006 and recorded on March 27, 2006, in Book No. 4197, at Page 1699 and re-recorded on April 7, 2010, in Book No. 4774, at Page 160 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


SUBSTITUTE TRUSTEE’S


10-SP-909 NOTICE OF


1037


at Buncombe County Courthouse, Asheville, North Carolina on March 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: 5 Buck Spring Acres, a/k/a 15 Buck Spring Acres, Candler, NC 28715 Tax Parcel ID: 9605-66-0042-0 & 9605-56-8062 Present Owners:


Rice 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


the deposit. Rea- Alzie M. Record


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: David A. Simpson, Attorney 6047 Tyvola Glen Circle Charlotte, NC 28217 (704) 619-6551 (WL813) 2/17 2/24


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