26SP000039-220
NOTICE OF FORECLOSURE SALE
NORTH CAROLINA, CLEVELAND COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Todd Joel Summitt and Casey J Summitt to Mitchell L. Heffernan, Trustee(s), which was dated March 31, 2000 and recorded on April 5, 2000 in Book 1269 at Page 0886, Cleveland County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute 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 courthouse for conducting the sale on May 27, 2026 at 11:30 AM, and will sell to the highest bidder for cash the following described property situated in Cleveland County, North Carolina, to wit:
BEGINNING on an iron stake, the southeast corner of the Summitt lot in R. E. Elam's line and running with the most southern line of the Summitt lot S. 73-0 W. 210 feet to an iron stake, his corner; thence S. 19-0 E. 210 feet to an iron stake, a new corner; thence another new line N. 73-0 E. 210 feet to an iron stake, a new corner in Elam's line N. 19-0 W. 210 feet to the beginning, containing 1.0 acres.
Title Reference: Deed Book 997 at Page 355 of the Cleveland County Registry.
Being the identical property conveyed to Todd Joel Summitt and wife, Casey J. Summitt, by deed dated September 19, 1997, recorded in Book 1227 at Page 905 in the Cleveland County Registry.
Less and Except the following property described in that Deed of Partial Release recorded 12/22/2015 in Deed Book 1710 at Page 1418:
BEGINNING at an old iron on the East side of State Road No. 2037 (not paved), Chapman's Northeast corner and runs thence with the Elam's line (now or formerly) N. 19-00 W. 89.47 feet to an iron; thence a new line crossing the road and running across the Summitt property S. 73-00 W. 209.53 feet to an iron; thence with Fall's line S. 19-00 E. 89.47 feet to an old iron; thence with Chapman's line crossing State Road No. 2037 N. 75-00 E. 209.53 feet to an old iron, the point of BEGINNING, containing 0.428 acres, as surveyed by Trammell and Associates on October 7, 1972.
The above property is the identical property conveyed by Deed dated October 10, 1972 from Mary Summitt and husband, C.C. Summitt, to Wilhelmina Sprouse and being of record in Book 14-T at Page 158 of the Cleveland County Registry. Being the same property conveyed to The North Carolina Board of Transportation in the deed of record in Book 15-U at Page 181.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 103 Chapman Rd, Kings Mountain, NC 28086.
A Certified Check ONLY (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration 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 RECORDING COSTS FOR THEIR DEED.
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. Substitute Trustee does not have possession of the property and cannot grant access, prior to or after the sale, for purposes of inspection and/or appraisal. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, 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 Todd Joel Summitt and wife, Casey J. Summitt.
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 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 agreement prorated to the effective date of the termination.
Pursuant to NCGS §45-21.25A, this sale may be subject to remote bids placed by bidders not physically present at the place of sale, which may be accepted by the person conducting the sale, or their agent".
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. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
If the transaction is subject to the FinCEN Residential Real Estate Reporting Rule (“RRE”) issued pursuant to the Bank Secrecy Act, information necessary to comply with the RRE Rule must be obtained and provided to the Reporting Person, as defined in the RRE Rule, prior to closing.
Trustee Services of Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
File No.: 25-27908-FC01
May 12, 19, 2026 #12309456