Amended Notice of Foreclosure Sale

Amended Notice of Foreclosure Sale STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK FILE NO. 25SP000609-100 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Milo General Contractor, LLC, the mortgagor, to Law Office of John K. White, Jr. PLLC, Trustee for Flathouse Brokers, Inc., beneficiary, which was dated July 11, 2024 and recorded in Book 6422 at Pages 1484-1501, of the Buncombe County Register of Deeds. Default having been made of the note and secured by the said Deed of Trust and the undersigned, 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 Trustee will offer for sale at the courthouse door of the Buncombe County courthouse, 60 Court Plaza, Asheville, North Carolina 28801, or at the usual and customary location at the Buncombe County Courthouse for conducting the sale on January 8, 2026 at 2:00 PM, and will sell to the highest bidder for cash the following described property situated in Buncombe County, North Carolina, to wit: (1) The real property subject to foreclosure in located in Buncombe County, North Carolina, and is more particularly described as follows: BEING all of Lot #4 and Lot #5 as shown on that certain plat entitled "Minor Subdivision Survey for Milo General Contractor, LLC", said plat being recorded in the Office of the Register of Deeds for Buncombe County in Plat Book 238, at Page 173. Reference to said plat is hereby made for a more particular description of said property. The above-described property is conveyed together with and subject to those applicable easements and rights of way as shown on that above referenced plat. The above-described property being a portion of that property conveyed to Milo General Contractor, LLC, a North Carolina limited liability company as set forth in Book 6365, at Page 501 and Book 6365, at Page 504, both of the Buncombe County, NC Register's Office. 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition are expressly disclaimed. This sale is made subject to all prior liens, unpaid taxes, and 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, and according to the records of the Buncombe County Register of Deeds, the record and current owner of the property is Milo General Contractor, LLC. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required from the highest bidder and must be tendered in the form of cash or certified funds (no personal checks) at the time of the sale. Following the expiration of the statutory upset bid period, all remaining amounts are IMMEDIATELY DUE AND OWING. Third party purchasers must pay the excise tax and recording costs for their deed. If the Trustee is unable to convey title to this property for any reason, the sole remedy of 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. An order of possession of the property may be issued pursuant to N.C. Gen. Stat. § 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. (See NCGS § 45-21.16A(b)(1) & (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. LAW OFFICE OF JOHN K. WHITE, JR. PLLC, a North Carolina professional limited liability company, Trustee By: John K. White, Jr. as its Manager 932 Hendersonville Road, Suite 103 Asheville, NC 28803 PO Box 1283 Arden, NC 28704 T: (828) 490-4027 F: (828) 490-4028 December 26, January 2 2026 LGSC0427980