Asheville/Weaverville 277-1760 Hendersonville 697 - 2932
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Asheville/Weaverville 277-1760 Hendersonville 697-2932
Legals
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, Adminis- trator 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
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Executor of the Estate of Frederick P. Ray, 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 18th 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 17th day of February, 2011
Vickie Ray Reece, Executor Estate of Frederick P. Ray 18 Bruin Lane Waynesville, NC 28786 (WCN725) 2/17 2/24 3/3 3/10
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Executor of the Estate of William Earnest Mills, Sr., 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 18th 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 17th day of February, 2011
William Ernest Mills, Jr., Executor Estate of William Ear- nest Mills, Sr. 43 Crabapple Lane Asheville, NC 28804 (WCN726) 2/17 2/24 3/3 3/10
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
In Re Estate of Doris Lowder Dailey, 11 E 0207 Having qualified as Executor of the Estate of Doris Lowder Dailey, late of Buncombe County, North Caro- lina, this is to notify all persons, firms, and corporations having claims against Doris Lowder Dailey or her estate to exhibit them to the undersigned on or before the 18th Day of May, 2011, or this notice will be pleaded in bar of their recovery. All persons indebted to the deceased or her estate should make immediate payment.
This, the 17th day of February, 2011
Scott Dailey, Executor Estate of Doris Lowder Dailey 11294 Rosemont Drive
Rockville, VA 23146 (WCN727) 2/17 2/24 3/3 3/10
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of Juanita Ruth Wal- ters, 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 18th 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 17th day of February, 2011
Patsy W. Pressley, Executrix Estate of Juanita Ruth Walters 16 Campbell Circle Asheville, NC 28803 (WCN728) 2/17 2/24 3/3 3/10
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of Richard Reynolds Gilbert, 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 18th 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 17th day of February, 2011
Juanita Swann Wright (Gilbert), Executrix Estate of Richard Reyn- olds Gilbert 3 Howland Road Asheville, NC 28804 (WCN729) 2/17 2/24 3/3 3/10
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
Inc.,
COUNTY OF BUNCOMBE
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 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 warran- ties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain indepen- dent counsel to exam- ine record title as the property is sold subject to prior record inter- ests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substi- tute 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
18 THE TRIBUNE/LEADER - February 24 - March 2, 2011
T I U E L AS RB N EG L
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 the Federal Protecting Tenants at Foreclosure Act which became effective May 20, 2009.
THIS the 28th day of January, 2011.
S U BS T IT U T E 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 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 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
C l i f t o n Record
SUBSTITUTE TRUSTEE’S
10-SP-1264 NOTICE OF
4488
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 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
SUBSTITUTE TRUSTEE’S
10-SP-909 NOTICE OF
1037 the deposit. Rea- 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 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 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 deposit. Rea- Alzie M. Record
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
STATE OF NORTH CAROLINA
BEFORE THE CLERK 10-SP-0847
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM R. KEITH HUTCHINS AND ELAINE H. HUTCHINS TO CB SER- VICES CORP., TRUSTEE, DATED MARCH 31, 2005, RECORDED IN BOOK 3971, PAGE 190, BUNCOMBE COUNTY REGISTRY NOTICE OF FORECLO- SURE SALE Pursuant to an order entered January 25, 2011, in the Superior Court for Buncombe County, and the power of sale contained in the captioned Deed of Trust Securing Future Advances (the “Deed of Trust”), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash, AT THE COURTHOUSE DOOR AT BUNCOMBE COUNTY COURTHOUSE 60 COURT PLAZA ASHEVILLE, NORTH CAROLINA 28801 ON MARCH 8, 2011 AT 10:00 A.M. all (or any part) of the real estate and the
described in and secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of said sale, being all of that 1.68 acre parcel as shown on a plat entitled “RAM
improvements
COURT OF JUSTICE SUPERIOR COURT DIVISION
IN THE GENERAL
COUNTY OF BUNCOMBE
ENTERPRISES, INC.”, in the City of Swannanoa, County of Buncombe, State of North Carolina, and being more par- ticularly described as follows: Lying and being situate in Buncombe County, North Carolina, and being more particularly described as follows: BEING ALL OF THAT 1.68 acre parcel as shown on a plat entitled “RAM ENTERPRISES, INC.”, said plat thereof recorded in Plat Book 44 at Page 154, in the Office of the Register of Deeds of Buncombe County, North Carolina, reference to said plat is hereby made for a more particular description. In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes. The record owner of the real property not more than ten days prior to the posting date of this Notice is R. Keith Hutchins and Elaine H. Hutchins. A five percent (5%) cash deposit, or a cash deposit or cashier’s check of $750.00 (no personal checks), whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed. The purchaser of the real property described above shall pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by NCGS §7A-308(a)(1). This sale is also sub- ject to any applicable county and/or state land transfer and/or revenue taxes, and any excise tax (N.C.G.S. § 105-228.30 et seq), and the successful third party bidder shall be required to make pay- ment for such taxes. The real property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/secu- rity agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note 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 being offered for sale, and any and all respon- sibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all prior liens of record and IRS liens, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the
Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described prop- erty for a period of 120 days following the date when the final upset bid period has run. To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following: a. An order for posses- sion of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and b. 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 agreement prorated to the effective date of the termination. The underlying mort- gage debt evidenced by the Note and secured by the Deed of Trust is not a subprime loan as defined in NCGS § 45-101(4) in that it is a commercial loan.
This 25th day of Janu- ary, 2011.
Mark A. Pinkston substitute trustee By: Mark A. Pinkston P.O. Box 7376 Asheville, NC 28802 Phone:
2991 Fax: (828) 257-2767 Email: mpinkston@
vwlawfirm.com (WL814) 2/24 3/3
STATE OF NORTH CAROLINA
File No: 10 SP 1751 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 Commer- cial Real Estate Deed of Trust executed by JV Investments, LLC, original mortgagor, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4527, at Page 840. 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
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www.weavervilletribune.com Inc.,
COUNTY OF BUNCOMBE
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