daily courier february 10 2010 by Digital Courier

6B — The Daily Courier, Forest City, NC, WEDNESDAY, February 10, 2010 NORTH CAROLINA, RUTHERFORD COUNTY

STATE OF NORTH CAROLINA COUNTY OF RUTHERFORD NOTICE OF FORECLOSURE SALE 09 SP 552

NOTICE OF SALE File No: 09 SP 257

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by John T Snell to PRLAP, Inc., Trustee(s), dated March 19, 2007, and recorded in Book 946, Page 614, Rutherford County Registry, North Carolina.

TAKE NOTICE THAT: Raintree Realty and Construction, Inc., 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 follows:

Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Rutherford County, North Carolina, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustees will offer for sale at the Courthouse Door in Rutherford County, North Carolina, at 10:00AM on February 24, 2010, and will sell to the highest bidder for cash the following described property, to wit: All that certain lot or parcel of land situated in Morgan Township, Rutherford County, North Carolina, and more particularly described as follows: Being Lot Number 20 of Queen's Gap, Phase I, as described more fully in plat recorded in Plat Book 27, Pages 280-292, ("the Plat"), Rutherford County Registry, to which plat reference is hereby made for a more full and accurate description. Subject to Declaration of Covenants, Conditions, and Restrictions for Queen's Gap as recorded in Book 917, Page 402-442, Rutherford County Register of Deeds, and recorded in Book 891, Page 624-664, McDowell County Register of Deeds, and any amendments and supplements thereto. Subject to all matters shown on subdivision plat of Queen's Gap, Phase I, as recorded in Plat Book 27, Pages 280-292, Rutherford County Register of Deeds, and Plat Book 13, Page 60-72, McDowell County Register of Deeds, hereinafter referred to as "the Plat".

1. The instrument pursuant to which such sale will be held is a Deed of Trust executed by Marie L. Peterson and Joseph Lee Peterson, original mortgagors, and recorded in the Office of the Rutherford County Register of Deeds in Deed of Trust Book 977 at Page 83. 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 Substitute Trustee at 12:30 p.m. on the 23rd day of February, 2010 at the Courthouse door in the City of Rutherfordton, North Carolina. The real property to be sold is known located at 248 Lillian’s Farm Lane, Rutherford County, Forest City, North Carolina, and more fully described as follows: BEING all of Lot No. 5 and No. 6 of the Lillian’s Farms Subdivision as shown on plat duly recorded in the Office of the Register of Deeds for Rutherford County, NC in Plat Book 25, at Page 35, to which reference is hereby made for a more full and complete description. TAX PIN No. 16-36517 and 16-36518.

Said property is commonly known as: Lot 20 Cian Drive, Queen's Gap Phase 1, Rutherfordton, NC 28139 Third party purchasers must pay the excise tax, pursuant to N.C.G.S. 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof, and the Clerk of Courts fee, pursuant to N.C.G.S. 7A-308, in the amount of Forty-five Cents (45) per each One Hundred Dollars ($100.00) or fractional part thereof or Five Hundred Dollars ($500.00), whichever is greater. A deposit of five percent (5%) of the bid, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be immediately due and owing. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance AS IS WHERE IS. There are no representations of 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. This sale is made subject to all prior liens, unpaid taxes, special assessments, land transfer taxes, if any, and encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are John T Snell. PLEASE TAKE NOTICE: 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. The notice shall also state that upon termination of a rental agreement, that tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. ___________________________________ Nationwide Trustee Services, Inc. Substitute Trustee 1587 Northeast Expressway Atlanta, GA 30329 (770) 234-9181 Our File No.: 432.0935761NC Publication Dates: 02/10/2010 & 02/17/2010

NORTH CAROLINA RUTHERFORD COUNTY

Subject to the restrictions recorded in Deed Book 846, at Page 438, Rutherford County Registry. 3. Any buildings located on the above-described property are also included in the sale. 4. 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 Substitute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00). 5. 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 property. While the Substitute 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. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. 6. The property will be sold subject to all unpaid taxes and special assessments. 7. The property being sold is all of that property described in 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. 8. 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 agreement prorated to the effective date of the termination. This the 21st day of January, 2010. SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. A. Robert York, President PO Box 8942 Asheville, NC 28814-8942 Phone: 828.777.5250 Dates: February 10, 2010 and February 17, 2010

IN THE GENERAL COURT OF JUSTICE BEFORE THE CLERK 09 SP 562 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MARLENE W. DOMINGUEZ AND RAMON W. DOMINGUEZ DATED August 29, 2007 AND RECORDED IN BOOK 975, PAGE 191, RUTHERFORD COUNTY REGISTRY, TO BB&T COLLATERAL SERVICE CORP, TRUSTEE.

NORTH CAROLINA RUTHERFORD COUNTY IN THE GENERAL COURT OF JUSTICE BEFORE THE CLERK 09 SP 563

NOTICE OF FORECLOSURE SALE Under and by virtue of the power of sale contained in that certain deed of trust executed by MARLENE W. DOMINGUEZ AND RAMON W. DOMINGUEZ dated August 29, 2007 to BB&T COLLATERAL SERVICE CORPORATON, Trustee for BRANCH BANKING AND TRUST COMPANY, recorded in Book 975, Page 191, RUTHERFORD County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of RUTHERFORD County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of RUTHERFORD and State of North Carolina, and more particularly described as follows:

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JOHN A. SYKES, JR. AND WIFE, DANNA C. SYKES DATED June 9, 2005 AND RECORDED IN BOOK 843, PAGE 785, RUTHERFORD COUNTY REGISTRY, TO BB&T COLLATERAL SERVICE CORP, TRUSTEE. NOTICE OF FORECLOSURE SALE

Being all of Lot 39 of The Estates at Greenhill as shown on plats thereof recorded in Plat Book 28 at Pages 121 and 122, Rutherford County Registry, reference to which is hereby made for a more particular description. Together with a right of way for ingress, egress and regress over and upon the roadways of The Estates at Greenhill as shown on the above plats.

Under and by virtue of the power of sale contained in that certain deed of trust executed by JOHN A. SYKES, JR. AND WIFE, DANNA C. SYKES dated June 9, 2005 to BB&T COLLATERAL SERVICE CORPORATION, Trustee for BRANCH BANKING AND TRUST COMPANY, recorded in Book 843, Page 785, RUTHERFORD County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of RUTHERFORD County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of RUTHERFORD and State of North Carolina, and more particularly described as follows:

The above Lot is subject to easements, restrictions and rights of way of record, including, but not limited to, that Declaration of Covenants, Conditions and Restrictions for The Estates at Greenhill recorded in Book 933 at Page 199, Rutherford County Registry, which Declaration includes a Repurchase Option in favor of Grantor in Section 3.22.

Lying and being in Chimney Rock Township, Rutherford County, North Carolina, and being Lot 10 of the Brookside Forest Subdivision, Phase 1, as shown on plat recorded in Plat Book 26, Page 25, Rutherford County Registry, reference to which is hereby made for a more complete and accurate description.

PROPERTY ADDRESS/LOCATION: Lot 39 The Estates at Greenhill Subdivision, Hickory Loop, Rutherfordton NC 28139

PROPERTY ADDRESS/LOCATION: Lot 10, Phase 1, Brookside Forest Subdivision, Brookside Parkway, Lake Lure, NC 28746

DATE OF SALE: February 18, 2010 TIME OF SALE: 10:30 A.M. LOCATION OF SALE: RUTHERFORD County Courthouse

RECORD OWNER(S): Marlene W. Dominquez

RECORD OWNER(S): John A. Sykes, Jr. and Danna C. Sykes

TERMS OF THE SALE: (1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies. (2) The property is being sold "as is". Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Registerof Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) 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. (6) An order for possession of the property being sold may be issued pursuant to N.C.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.

This the 20th day of January, 2010.

SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P. _______________________________________ Jeff D. Rogers, Substitute Trustee P. O. Box 26268 Raleigh, NC 27611-6268 (919) 250-2000 CBM 97392235

SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P. _______________________________________ Jeff D. Rogers, Substitute Trustee P. O. Box 26268 Raleigh, NC 27611-6268 (919) 250-2000 KMA 97392202