Legal Notices

CREDITOR'S NOTICE Having qualified as Co-Executors of the Estate of Tina Hayes Vernon, deceased, late of Buncombe County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned Co-Executors, c/o Koral F. Alman, 11 N. Market Street, Asheville, NC 28801 on or before the 21st day of September, 2018, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment. Jennifer Clinton Vernon and A.J. Bowman, Co-Executors of the Estate of Tina Hayes Vernon, Deceased Koral F. Alman, Attorney Van Winkle, Buck, Wall, Starnes & Davis, P.A. 11 N. Market Street Asheville, NC 28801 June 21, 2018; June 28, 2018; July 5, 2018; and July 12, 2018. 0002980981

CREDITOR'S NOTICE Having qualified as Co-Executors of the Estate of Tina Hayes Vernon, deceased, late of Buncombe County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned Co-Executors, c/o Koral F. Alman, 11 N. Market Street, Asheville, NC 28801 on or before the 21st day of September, 2018, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment. Jennifer Clinton Vernon and A.J. Bowman, Co-Executors of the Estate of Tina Hayes Vernon, Deceased Koral F. Alman, Attorney Van Winkle, Buck, Wall, Starnes & Davis, P.A. 11 N. Market Street Asheville, NC 28801 June 21, 2018; June 28, 2018; July 5, 2018; and July 12, 2018. 0002980981

CREDITOR'S NOTICE Having qualified as Executor of the Estate of George J. Stephens, deceased, late of Buncombe County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned c/o John D. Veazey, 422 South Main Street, Hendersonville, NC 28792 on or before September 14, 2018, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment. Leslie L. Stephens, Executor of the Estate of George J. Stephens, Deceased John D. Veazey, Esquire Van Winkle, Buck, Wall, Starnes & Davis, P.A. 422 South Main Street Hendersonville, NC 28792 June 14, 2018; June 21, 2018; June 28, 2018; July 5, 2018. 0002972589

CREDITOR'S NOTICE Having qualified as Executor of the Estate of Martha G. Zellner, deceased, late of Buncombe County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned Executor, c/o Robert H. Haggard, 11 N. Market Street, Asheville, NC 28801 on or before the 21st day of September, 2018, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment. Bank of America, N.A., Executor of the Estate of Martha G. Zellner, Deceased Robert H. Haggard, Attorney Van Winkle, Buck, Wall, Starnes & Davis, P.A. 11 N. Market Street Asheville, NC 28801 June 21, 2018; June 28, 2018; July 5, 2018; and July 12, 2018. 0002980975

IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION BUNCOMBE COUNTY 17SP218 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WALTER L HENRY AND PATTY K HENRY DATED AUGUST 26, 2005 AND RECORDED IN BOOK 4119 AT PAGE 622 IN THE BUNCOMBE COUNTY PUBLIC REGISTRY, NORTH CAROLINA NOTICE OF SALE Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:00AM on July 3, 2018 the following described real estate and any other improvements which may be situated thereon, in Buncombe County, North Carolina, and being more particularly described as follows: THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE TOWNSHIP OF SWANNANOA, COUNTY OF BUNCOMBE, AND STATE OF NORTH CAROLINA, TO WIT: BEING ALL OF LOT 3, BEE TREE SUBDIVISION, AS SHOWN ON A PLAT OF SURVEY RECORDED IN PLAT BOOK 76 PAGE 113, BUNCOMBE COUNTY REGISTRY. EXPRESS REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND PARTICULAR DESCRIPTION. And Being more commonly known as: 8 Gossamer Ln, Swannanoa, NC 28778 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Heirs of Walter L. Henry. The 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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination. For additional information, please see Auction.com. The date of this Notice is May 29, 2018. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 17-090460 June 21, 28, 2018 0002955038

IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION BUNCOMBE COUNTY 18sp194 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CAROLYN BANKS CHANDLER DATED JUNE 30, 1999 AND RECORDED IN BOOK 2129 AT PAGE 95 IN THE BUNCOMBE COUNTY PUBLIC REGISTRY, NORTH CAROLINA NOTICE OF SALE Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:00AM on July 3, 2018 the following described real estate and any other improvements which may be situated thereon, in Buncombe County, North Carolina, and being more particularly described as follows: TRACT I: BEGINNING at a stake in the Western margin of Walnut Street, South 22 deg. West 100 feet from the intersection of the Southern margin of Ridge Street (now Union Street) with the Western margin of Walnut Street, and runs thence North 39 deg. 25' West 125.34 feet to a stake; thence South 40 deg. West approximately 47 feet to a stake; thence South 41 deg. 05' East 150 feet to the Western margin of Walnut Street; thence with the Western margin of Walnut Street North 22 deg. East 50 feet to the BEGINNING. Being the Eastern portion of Lot 18 of Block 9 of a plat of the Woodfin Land Company, recorded in Plat Book 1, at page 9 in the Buncombe County Registry. Also being Lot 186, Sheet 15, Ward 11 of the Tax Maps of Buncombe County. TRACT II: BEGINNING at a stake in the Northwestern corner of the above described lot and runs thence North 48 deg. West approximately 20 feet to a stake; thence South 39 deg. 25' East 39.29 feet to a stake; thence South 48 deg. East approximately 20 feet to a stake; thence North 37 deg. West 39.29 feet to the BEGINNING. Being a small portion of Lot 17 of Block 9 of a plat of the Woodfin Land Company recorded in Plat Book 1, at page 9 in the Buncombe County Registry. The above two tracts being a part of the property conveyed to Mary Kate Banks by Thad Banks by deed dated August 28, 1972 and recorded in Deed Book 1067 at page 603 in the Buncombe County Registry. This quitclaim deed is made to correct the description in deed dated June 15, 1981, recorded in Deed Book 1276 at page 257, as there was an error in the description and did not described the property intended to be conveyed. And Being more commonly known as: 2 New Walnut St, Asheville, NC 28804 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Stephanie Banks and Jerry Michael Banks, Jr. The 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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is May 29, 2018. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 18-098497 June 21, 28, 2018 0002955470

NORTH CAROLINA BUNCOMBE COUNTY Special Proceedings No. 18 SP 127 Substitute Trustee: Philip A. Glass NOTICE OF FORECLOSURE SALE Date of Sale: July 3, 2018 Time of Sale: 11:30 a.m. Place of Sale: Buncombe County Courthouse Description of Property: See Attached Description Record Owners: Monica D. Clark Address of Property: 68 Cathey Road Candler, NC 28715 Deed of Trust: Book : 5289 Page: 523 Dated: February 27, 2015 Grantors: Monica D. Clark and husband, Steven J. Clark Original Beneficiary: State Employees' Credit Union CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45¢) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1). This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax. A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute 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 Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law. Residential real property with less than 15 rental units, including single-family residential real property: 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 notice 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 not 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. 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. Dated: 5/29/18 Philip A. Glass, Substitute Trustee Nodell, Glass & Haskell, L.L.P. Posted on 5/29/18 EXHIBIT A All that certain lot or parcel of land situated in the City of Upper Hominy Township, Buncombe County, North Carolina and more particularly described as follows: BEGINNING at an E.I.P. found the terminus of 1st call Deed Book 1752 at page 453 of the Buncombe County Registry and runs thence N. 86 degrees 12 minutes 40 seconds E 111.33 feet, thence S. 00 degrees 44 minutes 10 seconds E 178.87 feet to an E.I.P.; thence N. 72 degrees 28 minutes 35 seconds W. 150.48 feet; thence S. 64 degrees 19 minutes 00 seconds W. 243.02 feet; thence N. 11 degrees 26 minutes 55 seconds W. 257.69 feet to a point in the East margin of Chathey Road (S.R. 1215); thence N. 36 degrees 58 minutes 50 seconds E. 66.18 feet; thence S. 70 degrees 29 minutes 45 seconds E. 99.37 feet; thence S. 34 degrees 28 minutes 05 seconds E. 60.08 feet; thence N. 86 degrees 12 minutes 40 seconds E. 133.09 feet to the place of BEGINNING. Containing 1.684 acres, more or less, as per Survey and Plat of the property of Gary Iorwerth Seller, R.L.S., dated 4/28/97. This being the same property conveyed to MICHAEL D. HOWARD AND LORI B. HOWARD, dated 04/30/1997 and recorded in Book 1961, Page 574, in the BUNCOMBE County Recorders Office. PIN: 8698-50-6270-00000 Property Address: 68 Cathey Rd., Candler, NC 28715 June 21, 28, 2018 0002960050

NOTICE OF SERVICE OF PROCESS BY PUBLICATION STATE OF NORTH CAROLINA BUNCOMBE COUNTY In the General Court of Justice, District Court Division, 18 CvD 02438 COUNTY OF BUNCOMBE, a Body Politic and Corporate, Plaintiff Vs. ASHEVILLE LAND COMPANY, LLC, et. al., To: ASHEVILLE LAND COMPANY, LLC; JANE DOE 1; JOHN DOE 1; GREGORY WILLIAMS; DORIS WILLIAMS; CATHERINE WOODS; RONALD WOODS; JANE DOE 2; JOHN DOE 2; UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, LIENHOLDER; BEN CARSON; Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property as described in the Buncombe County tax records as PIN: 9648-16-6559-00000 and being all that certain tract or parcel of land as same is set forth and described in a Deed dated June, 2016, from James Edgar Williams, unmarried, Grantor, to ASHEVILLE LAND COMPANY, LLC, Grantee, and recorded in Deed Book 5468, Page 1834, Buncombe County, North Carolina Registry. You are required to make defense to such pleading not later than July 25, 2018 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought. This, the 14th day of June, 2018. John C. Frue Attorney for Plaintiff 20 Battery Park Ave, Ste 405 Asheville, NC 28801 June 14, 21, 28, 2018 0002972857

NOTICE OF SERVICE OF PROCESS BY PUBLICATIONSTATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION COUNTY OF BUNCOMBE FILE NO. 18 CVD 2421 COUNTY OF BUNCOMBE, Plaintiff, vs. The Heirs of Lillie Atha Emory, Timothy J. Tyson, Attorney, in his capacity as Guardian Ad Litem for unknown or minor heirs, Sabrina Rathbone, and Portfolio Recovery Associates, LLC, Lienholder, Defendants, To:The Heirs of Lillie Atha Emory, Timothy J. Tyson, Attorney, in his capacity as Guardian Ad Litem for unknown or minor heirs, Sabrina Rathbone, and Portfolio Recovery Associates, LLC, Lienholder: Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: foreclosure to satisfy unpaid property taxes on your interest in the property described as: The property listed by the County of Buncombe as parcel identification number 9730-42-9730-0000; Known as and located at 67 Crestfield Ave; and more particularly described as follows: Beginning at an iron in the western margin of the right-of-way of Vine St., and in the southernmost corner of the John G. Hughes property described in a Deed recorded in the Buncombe County Registry of Deeds recorded in Deed Book 1538 at Page 166; thence with the western margin of said right-of-way of Vine St., South 2 degrees 59 minutes 28 seconds West 58.94 feet to an iron pin in the northern margin of Lot 4 as shown on a plat of property of George Greenwood recorded in said Registry in Plat Book 7 at Page 92; thence with said northern margin North 78 degrees 31 minute 3 2 seconds West 112 feet to an iron pin in the northeastern margin of the right-of-way of Elizabeth Street; thence with said northeastern margin the following three (3) courses and distances: North 43 degrees 45 minutes 53 seconds West 52.98 feet; thence North 45 degrees West 50 feet; thence North 9 degrees 1 minute 48 seconds West 60 feet to an iron pin in the southwestern margin of said Hughes property/ thence with the southern margin of said Hughes property the following three (3) courses and distances: South 75 degrees 34 minutes 29 seconds East 69.82 feet to an iron pin; thence South 55 degrees 13 minutes 4 seconds East 67.28 feet to an iron pin; thence South 60 degrees 24 minutes 53 seconds East 82.08 feet to the point of Beginning. Containing .35 acres according to a survey by Alan B. Styles, R.L.S., and being part of Lot 2 and all of Lot 3 of said Plat Book 7 at Page 92. and as described in the complaint filed in this matter. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property. You are required to make a defense to such pleading not later than July 31, 2018 and upon your failure to do so, the party seeking service against you will apply to the court for the relief sought. This the 21st day of June, 2018. James M. Ellis, NC State Bar# 23087 Stone & Christy, P.A. Attorney for Plaintiff 110 N. Dougherty St. Black Mountain, NC 28711 (828) 669-7642 Ext. 2240 james@stoneandchristy.com June 21, 28, and July 5, 2018 0002981026

NOTICE TO CREDITORS HAVING QUALIFIED AS ADMINISTRATOR OF THE ESTATE OF LINDA JUANITA BUCKNER WHETSTINE, DECEASED, LATE OF BUNCOMBE COUNTY, NORTH CAROLINA, THE UNDERSIGNED DOES HEREBY NOTIFY ALL PERSONS, FIRMS, AND CORPORATIONS HAVING CLAIMS AGAINST THE ESTATE OF SAID DESCENDANT TO EXHIBIT THEM TO THE UNDERSIGNED AT THE ADDRESS BELOW ON OR BEFORE THE 7th DAY September, 2018 OR THIS NOTICE WILL BE PLEADED IN BAR OF HEIR RECOVERY. ALL PERSONS, FIRMS, AND CORPORATIONS INDEBTED TO SAID ESTATE WILL PLEASE MAKE IMMEDIATE PAYMENT TO THE UNDERSIGNED. THIS THE 7TH DAY OF June, 2018. LOUISE HILL 3430 LAKE DR. MORRISTOWN, TN 37814 JUNE 7, 14, 21, 28 2018 0002958154