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LEGALS c t


Legals cont...


Under and by virtue of a Power of Sale con- tained in that certain Deed of Trust executed by Darren M. Smith and Michelle S. Smith to David W. Dillard, Trustee(s), which was dated October 31, 2001 and recorded on November 8, 2001 in Book 2629 at Page 797, Buncombe County Reg- istry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and


Trustee the


Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidenc- ing said default having directed that the Deed of Trust be foreclosed, the undersigned Sub- stitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county court- house for conducting the sale on March 20, 2017 at 10:00AM, and will sell to the high- est bidder for cash the following described property situated in Buncombe County, North Carolina, to wit: Lying and being in Limestone Township, Buncombe County, North Carolina and more


described as follows: BEGINNING at a stake in the center of Christ School Road, T. A. Pin- ner’s southeast corner, being also the south- east corner of Tract #1 of the T. A. Pinner’s Estate as described in the Special Proceed- ing, “Katherine P. Cole, et al vs. Aline P. David, et al”, File #84 SP 702, Clerk of Superior Court for Buncombe County, North Carolina and running thence with said Pinner’s line, North 24 deg. 15 min. West (passing an iron pipe found at 13.69 feet) 219.22 feet to a found iron pipe in said Pinner’s leaving


North 77 deg 27 min. East 97.38 feet to an iron pipe; thence South 31 deg. 03 min. East (passing an iron pipe at 5.25 feet from the margin of said road and another iron pipe in the margin of said road) 187.17 feet to the center line of Christ School Road: thence with the center line of Christ School Road, South 59 deg. 00 min. West 118.31 feet to an iron pipe to the point and place of BEGIN- NING. BEING the southeastern portion of that property heretofore conveyed to Thomas Earl James and Jackie James (Grantors in Deed Book 1979, Pg. 619) by deed duly recorded in the Office of the Register of Deeds for Buncombe County, North Carolina Deed Book 1421 at Page 733. The reference to the T. A. Pinner’s Estate as hereinabove


to was acquired from deed duly recorded in the Office of the Reg- ister of Deeds for Bun- combe County, North Carolina in Deed Book 1410 at Page 543. THE ABOVE DESCRIBED PROPERTY being


conveyed to DARREN MITCHELL SMITH and wife, MICHELLE SUSAN SMITH by deed from THOMAS EARL JAMES and JACKIE JAMES of record in the Office of the Register of Deeds for Buncombe County, North Carolina in Deed Book 1979, Page 619, reference to same being hereby made. Save and except any releases, deeds of release or prior convey- ances of record. Said property is com- monly known as 119 Christ School Road, Arden, NC 28704. A cash deposit (no per- sonal checks) of five percent (5%) of the pur-


that property referred Pinner’s line;


thence line,


particularly


undersigned, Services


of


chase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expira- tion of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORD- ING COSTS FOR THEIR DEED. Said property to be offered pursuant to this Notice of Sale is being offered for sale, trans- fer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physi- cal,


health or safety condi- tions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assess- ments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of


the current owner(s) of the property is/are Darren Mitchell Smith and Michelle Susan Smith a/k/a Michelle S. Burton. 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


the property pursuant to a rental agreement entered into or renewed on


1, 2007, may, after receiving


of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2)]. 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. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Rea- sons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirma- tion of the sale and reinstatement of the loan without the knowl- edge of the trustee. If the validity of the sale is


party, the trustee, in their sole discretion, if they believe the chal- lenge


may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Trustee


Carolina, LLC Substitute Trustee Brock & Scott, PLLC Attorneys


Services of Carolina, LLC 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392- 4988 FAX: (910) 392-8587 File No.: 16-08660- FC01 (WL2090) 3/9 3/16


DOCKETING OF JUDGMENT


Pursuant to G.S. 105- 375 (C), notice is hereby given to 24 & 08 New Leicester Hwy, LLC, that a judgment will be docketed against the property described below on March 21, 2017. Execution will be issued on the judgment and the property will be sold as provided by


www.leicesterleader.com NOTICE OF for Services of Trustee to challenged by any have merit, the


October notice


or after occupies the undersigned, environmental,


law. The tax lien may be paid before the judg- ment is entered and at any time thereafter as allowed by law. Description: New Leicester Hwy, Asheville, NC 28806, Parcel


Number 8724-0000,


described in Deed Book 5309, Page 1882, Bun- combe County Registry. Michael C. Frue County Attorney (WL2091) 3/9 3/16


DOCKETING OF JUDGMENT


Pursuant to G.S. 105- 375 (C), notice is hereby given to Altura Communities, LLC, that a judgment will be docketed against the property described below on March 21, 2017. Execution will be issued on the judgment and the property will be sold as provided by law. The tax lien may be paid before the judg- ment is entered and at any time thereafter as allowed by law. Description: 5 Altura Pkwy Asheville, NC 28804.


tification Number: 9730-39-9483-0000. Property described in Deed Book 4154, Page 704, Buncombe County Registry. Michael C. Frue County Attorney (WL2092) 3/9 3/16


DOCKETING OF JUDGMENT


Pursuant to G.S. 105- 375 (C), notice is hereby given to HSBC Mort- gage Services, Inc., that a judgment will be docketed against the property described below on March 21, 2017. Execution will be issued on the judgment and the property will be sold as provided by law. The tax lien may be paid before the judg- ment is entered and at any time thereafter as allowed by law. Description: Stoner View Road, Asheville, NC.


tion Number 9648-90- 4622-0000.


Parcel


described in Deed Book 5260 Page 1273, Bun- combe County Registry. Michael C. Frue County Attorney (WL2093) 3/9 3/16


DOCKETING OF JUDGMENT


Pursuant to G.S. 105-375 (C), notice is hereby given to Lyubov


that a judgment will be docketed against the property described below on March 21, 2017. Execution will be issued on the judgment and the property will be sold as provided by law. The tax lien may be paid before the judg- ment is entered and at any time thereafter as allowed by law. Description: nish


NC 28806. Parcel Identification Number: 9629-05-5532-0000 Property


in Deed Book 4485, Page 1341, Buncombe County Registry. Michael C. Frue County Attorney (WL2094) 3/9 3/16


DOCKETING OF JUDGMENT


Pursuant to G.S. 105- 375 (C), notice is hereby given to Hattie Mae Morrison Heirs, that a judgment will be docketed against the property described below on March 21, 2017. Execution will be issued on the judgment and the property will be sold as provided by law. The tax lien may be paid before the judg- ment is entered and at any time thereafter as allowed by law. Description:


Road, Asheville, NC 28806. Parcel Iden- tification Number: 9657-02-8085-0000 Property described in Estate File # 49 E 1000, Buncombe County Reg- istry. Michael C. Frue County Attorney


Caribou NOTICE OF described Cove, Asheville, McKin- Karatchoun, NOTICE OF


Identifica- Property


NOTICE OF Parcel Iden- NOTICE OF


Identification 9629-31- Property


(WL2095) 3/9 3/16 NOTICE OF


DOCKETING OF JUDGMENT


Pursuant to G.S. 105- 375 (C), notice is hereby given to Mildred Elizabeth Barnett Reyn- olds Heirs, that a judg- ment will be docketed against the property described below on March 21, 2017. Execu- tion will be issued on the judgment and the property will be sold as provided by law. The tax lien may be paid before the judgment is entered and at any time thereafter as allowed by law. Description:


mont Avenue, Asheville, NC 28806. Parcel Identification Number: 9740-41-6875-0000 Property described in Deed Book 1779 Page 12, Buncombe County Registry. Michael C. Frue County Attorney (WL2096) 3/9 3/16


DOCKETING OF JUDGMENT


Pursuant to G.S. 105- 375 (C), notice is hereby given to Cynthia Stenstrom, that a judg- ment will be docketed against the property described below on March 21, 2017. Execu- tion will be issued on the judgment and the property will be sold as provided by law. The tax lien may be paid before the judgment is entered and at any time thereafter as allowed by law. Description: Arbutus Road, Asheville, NC 28806. Parcel Iden- tification Number: 9668-16-3073-0000 Property described in Deed Book 3909 Page 794, Buncombe County Registry. Michael C. Frue County Attorney (WL2097) 3/9 3/16


NORTH CAROLINA, BUNCOMBE COUNTY


Under and by virtue of a Power of Sale contained in that cer- tain Deed of Trust executed by Christine E.


and David C. Wallace to First American Title Insurance


Trustee(s), which was dated June 3, 2005 and recorded on June 9, 2005 in Book 4042 at Page 886, Buncombe County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and


Trustee the


Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidenc- ing said default having directed that the Deed of Trust be foreclosed, the undersigned Sub- stitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county court- house for conducting the sale on March 27, 2017 at 10:00AM, and will sell to the high- est bidder for cash the following described property situated in Buncombe County, North Carolina, to wit: Tract I: BEGINNING at a stake which stands in the Paul F. Brank and Margie Brank line as set forth and described in Deed Book 1510, Page 761, Buncombe County, North Carolina Registry, which said stake marks the point or place of beginning of that cer- tain tract or parcel of land as same is set forth and described in Deed Book 1806, Page 424, Buncombe County, North Carolina Registry and which stake marks the terminus of the second


distance as same is set forth and described


course and


undersigned, Services of


Company, Andaya-Wallace


AMENDED NOTICE OF FORECLOSURE SALE


16 SP 236 NOTICE OF 12 Clair-


in Deed Book 1806, Page 421, Buncombe County, North Caro- lina Registry, and runs thence from the point or place of BEGINNING thus established, North 78 degrees 59 min- utes 14 seconds East 181.91 feet to a stake; and runs thence; North 12 degrees 50 min- utes 46 seconds East 115.74 feet to a stake in the center of a gravel drive; and runs thence with the center of said gravel drive the follow- ing two (2) courses and distances; to wit: North 87 degrees 38 minutes 45 seconds West 62.26 feet to a stake; thence North 76 degrees 18 minutes 20 seconds West 75.49 feet to a stake; and runs thence with the Brank line South 22 degrees 15 minutes 07 seconds West 181.54 feet to the point or place of BEGIN- NING containing 0.49 acres more or less as described on a survey by Ronnie C. Brigmon, RLS (L-3179) dated April


ence to said survey being made in aid of description. Tract II: Situated in the Ivy Township, Buncombe County, North Carolina and more particularly described as follows: BEGINNING at a point in the center line of Dillingham Creek which flows beside Brigmon Road (SR2203) and the Southwest


of the property of Paul F. Brank and wife, Mar- jorie Brank,as further described in Deed Book 1510, Page 761 in the Buncombe County Reg- ister of Deeds, North Carolina; thence North 22 degrees 15 minutes 07 seconds East 19.90 feet to an iron stake on the bank of the Dill- ingham Creek;


North 22 degrees 15 minutes 07 seconds East 193.52 feet to an iron pipe; thence North 78 degrees 59 min- utes 14 seconds East 181.91 feet to an iron stake; thence North 12 degrees 50 min- utes 46 seconds East 115.74 feet to an iron stake; thence South 82 degrees 59 min- utes 25 seconds East 158.39 feet to an iron stake; thence South 12 degrees 12 min- utes 59 seconds West 114.36 feet to a point which is located in the center of an asphalt road; thence South 12 degrees 12 minutes 59 seconds West 35.17 feet to a wood sup- port in Bridge Wing Wall; thence South 12 degrees 12 minutes 59 seconds West 46.50 feet to a point located in the center of Dill- ingham Creek;


South 71 degrees 29 minutes 23 seconds West 422.71 feet to the place of BEGINNING. Said tract contains approximately


acres and is further described in a survey dated March 7,1994, by Ronny C. Brigmon, RLS (L- 3179). Reference to said survey being made in aid of description. Said tract shall be sub- ject to all Easements, Restrictions, and Rights of Way of record. Save and except any releases, deeds of release or prior convey- ances of record. Said property is com- monly known as 2 Ivan Bridge Drive and 0.49 acre parcel adja- cent to 2 Ivan Bridge Drive, Barnardsville, NC 28709. A cash deposit (no per- sonal checks) of five percent (5%) of the pur- chase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expira- tion of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORD- ING COSTS FOR THEIR DEED. Said property to be offered pursuant to this Notice of Sale is being offered for sale, trans-


1.61 thence thence corner 2,2002. Refer-


fer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physi- cal,


health or safety condi- tions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assess- ments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are David C. Wallace and wife Chris- tine E. Andaya-Wallace. 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


the property pursuant to a rental agreement entered into or renewed on


1, 2007, may, after receiving


of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2)]. 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. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Rea- sons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirma- tion of the sale and reinstatement of the loan without the knowl- edge of the trustee. If the validity of the sale is


party, the trustee, in their sole discretion, if they believe the chal- lenge


may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Trustee


Carolina, LLC Substitute Trustee Brock & Scott, PLLC Attorneys


Services of Carolina, LLC 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392- 4988 FAX: (910) 392-8587 File


FC01 (WL2098) 3/9 3/16


NORTH CAROLINA, BUNCOMBE COUNTY


Under and by virtue of a Power of Sale con- tained in that certain Deed of Trust executed by April Baker and Jason Crouse to Grady I. Ingle and Elizabeth B. Ells, Trustee(s), which was dated April 18, 2012 and recorded on May 2, 2012 in Book 4978 at Page 1687, Buncombe County Reg- istry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and


Trustee the


Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidenc- ing said default having directed that the Deed of Trust be foreclosed, the undersigned Sub- stitute Trustee will


March 16 - March 22, 2017 - THE TRIBUNE/LEADER 13


undersigned, Services of


FORECLOSURE SALE


16 SP 527 NOTICE OF


No.: 16-04306- for Services of Trustee to challenged by any have merit, the


October notice


or after occupies environmental,


on...


offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county court- house for conducting the sale on March 27, 2017 at 10:00AM, and will sell to the high- est bidder for cash the following described property situated in Buncombe County, North Carolina, to wit: The land referred to in this policy is situated in the State of NC, County of Buncombe, and described as follows: A PARCEL OF LAND SITUATED IN THE STATE OF NORTH CAROLINA, COUNTY OF BUNCOMBE, WITH A STREET LOCATION ADDRESS OF 19 CORK- STONE LN; ARDEN, NC 28704-6305 CUR- RENTLY OWNED BY APRIL BAKER HAVING A TAX IDENTIFICA- TION


9653-89-9389-00000 AND BEING THE SAME PROPERTY


NUMBER OF


FULLY DESCRIBED IN BOOK/PAGE OR DOCUMENT NUMBER 4378-1770 DATED 3/23/2007 AND FUR- THER DESCRIBED AS WILLIAM B NASH LOT 1. And being more par- ticularly described as follows: Being all of Lot 1 as shown on that plat recorded in Plat Book 96, at Page 69 of the Buncombe County, NC Register’s Office; ref- erence to which Plat is hereby made for a more particular description of said Lot. Together With and Sub- ject To the benefits and burdens of those ease- ments and rights of way set forth in that deed recorded in Record Book 2607, at Page 185, and all amend- ments thereto, of the Buncombe County, NC Register’s Office.


MORE


Together With and Subject To those ease- ments and rights of way shown on the above-referenced


and as recorded in the Buncombe County, NC Register’s Office. Save and except any releases, deeds of release or prior convey- ances of record. Said property is com- monly known as 19 Corkstone Lane, Arden, NC 28704. A cash deposit (no per- sonal checks) of five percent (5%) of the pur- chase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expira- tion of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORD- ING COSTS FOR THEIR DEED. Said property to be offered pursuant to this Notice of Sale is being offered for sale, trans- fer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physi- cal,


health or safety condi- tions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assess- ments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are April Baker. An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the


environmental, Plat


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


the property pursuant to a rental agreement entered into or renewed on


1, 2007, may, after receiving


of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2)]. 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. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Rea- sons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirma- tion of the sale and reinstatement of the loan without the knowl- edge of the trustee. If the validity of the sale is


party, the trustee, in their sole discretion, if they believe the chal- lenge


may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Trustee


Carolina, LLC Substitute Trustee Brock & Scott, PLLC Attorneys


for Services of Trustee to have merit, challenged by any the


October notice


or after occupies


Services of Carolina, LLC 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392- 4988 FAX: (910) 392-8587 File No.: 16-12654- FC01 (WL2099) 3/16 3/23


NOTICE OF SERVICE OF PROCESS BY PUBLICATION


In the General Court of Justice


File # 13 CVD 2832 BUNCOMBE COUNTY


Brian Lang, Plaintiff vs. Samantha Craig, Defendant To: Brian Lang, Plaintiff Take notice that a pleading seeking relief against you has been filed in the above- entitled


nature of the relief being sought is as fol- lows: Modification of Custody with hearing date to be determined at the calendar call at 9:00 a.m. on April 26, 2017, for the two-week term of Family Court, 3rd floor, Courtroom 3C, Buncombe County Courthouse, beginning May 1, 2017. You are required to make defense to such pleading no later than April 19, 2017, and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.


This the 16th day of March, 2017.


Thomas K. Gallagher Attorney for Defendant Pisgah Legal Services P. O. Box 2276 Asheville, NC 28802 (WL2100) 3/16 3/23 3/30


action. The


STATE OF NORTH CAROLINA


District Court Division


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