Rodgers 28660
NOTICE OF FORECLOSURE SALE
25SP001344-220
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Colby R. Rodgers (PRESENT RECORD OWNER(S): Colby R. Rodgers) to James H. Hudson, III, Trustee(s), dated December 6, 2022, and recorded in Book No. 1888, at Page 1191 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 March 4, 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:
Being located about seven (7) miles northwest of the City of Shelby, just east of Highway #226, but not touching same, being located on the west side of State Road #1821, also known as Horne Road (AKA Yates Road), and being bounded on the North by the McEntire property, on the East by the road, on the South and West by property of the O.P. Green Estate, and being Lots Nos. 13 and 14 of the subdivision by J. D. Turner, Registered Surveyor, dated March 4, 1963, and designated as the O.P. Green Estate and being described by metes and bounds as follows:
BEGINNING at an iron stake in Horne Road (Yates Road), being the south line of the McEntire Estate, and being the northeast corner of Lot #14, and runs thence down said road and with the Walker line, South 4-30 West 150 feet to an iron stake in the road; same being the northeast corner of Lot #12; thence with the north line of Lot #12, North 85-30 West 300 feet to an iron stake same being the northwest corner of Lot #12, and in the line of Lot #4; thence with the cast line of Lots Nos. 4, 3, and 2, North 4-30 East 150 feet to an iron stake, same being the northeast corner of Lot #2 and in the south line of the McEntire property, thence wit the McEntire line, being the north line of Lot #14, South 85-30 East 300 feet to the place of BEGINNING, containing 45,000 square feet. Together with improvements located thereon; said property being located at 3117 Yates Road, Shelby, North Carolina.
Being the identical property conveyed to Grantors by deed recorded in Book 1872 at Page 1186, Cleveland County Registry, on May 9, 2022. For further chain of title, Affidavits of Heirship for Kenneth Gibbs are recorded on December 06, 2022 in Deed Book 1888 Page 1040 in the Cleveland County Registry.
Property Address: 3117 Yates Road, Shelby, NC 28150 Tax Parcel Number: 34438
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 Foundation Legal Group
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: 28660 - 146732
February 20, 27 2026
LWLM0456298