AMENDED NOTICE OF FORECLOSURE SALE 24SP000326-220

AMENDED NOTICE OF FORECLOSURE SALE 24SP000326-220 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Sherman Lee Brooks and Angela McClain Brooks (PRESENT RECORD OWNER(S): Angela McClain Brooks and Sherman Lee Brooks) to Kelly Canipe, Trustee(s), dated November 8, 2006, and recorded in Book No. 1503, at Page 2096 in Cleveland County Registry, North Carolina, default having been made in the payment of the promissory note secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds Cleveland County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in Shelby, Cleveland County, North Carolina, or the customary location designated for foreclosure sales, at 10:30 AM on January 14, 2026 and will sell to the highest bidder for cash the following real estate situated in Shelby in the County of Cleveland, North Carolina, and being more particularly described as follows: The legal description of the property is: Located about 4 1/2 miles northeast of Lattimore, NC. And lying West of S. R. No. 1346, but not touching the same, and lying on the West side of an unnamed 60 foot street; and being all of Lot no. 5 of the William G. Cabaniss subdivision according to a Map made by J. Turner, Registered Surveyor, on April 25, 1968. Said property is bounded on the North by Lot no. 4 and on the South by Lot no. 6 and on the West by Tommie Hunt and described by metes and bounds as follows: beginning on a stake in the West edge of the aforesaid 60 foot street, being southeast corner of Lot no. 4 and runs thence with the West edge of the 60 foot street, South 17-15 East 100 feet to a stake, the northeast corner of Lot no. 6, thence with the North line of said lot, South 80-45 West 200 feet to a stake, the northwest corner of Lot no. 6 and in the East line of Tommie Hunt; thence with Hunts East line, North 17-15 West 100 feet to a stake, southwest corner of Lot no. 4; thence with the South line of said Lot, North 80-45 East 200 feet to the place of beginning, containing 20000 square feet, more or less, according to the aforesaid survey. Being the same property conveyed by fee simple Deed from Ethel Lee Brooks to Sherman Lee Brooks and Angela McClain Brooks husband and wife, dated 09/21/2004 recorded on 09/21/2004 in Book 1427, Page 279 in Cleveland County records, state of NC. Together with improvements located thereon; said property being located at 2153 Calla Lane, Shelby, North Carolina. Trustee may, in the Trustee's sole discretion, delay the sale for up to three hours as provided in N.C.G.S. §45-21.23. Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1). 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/security 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 responsibilities or liabilities arising out of or in any way relating to any such condition are expressly disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws. A deposit of five percent (5%) of the purchase price, 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. 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 its sole discretion, if it believes 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. Additional Notice for Residential 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 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. 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 foreclosure 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 this 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c/o Hutchens Law Firm, LLP P.O. Box 1028 Fayetteville, NC 28302 4317 Ramsey Street Fayetteville, NC 28311 Phone No: (910) 864-3068 https://sales.hutchenslawfirm.com Firm Case No: 19648 - 93891 January 2, 9 2026 LWLM0426822