SECOND NOTICE OF FORECLOSURE SALE
25 SP 210
Under and by virtue of the power of sale contained in a certain Deed of Trust made by BlueFish Construction, LLC (PRESENT RECORD OWNER(S): BlueFish Construction, LLC) to Attorney Yansea H. Taylor, Trustee(s), dated the 12th day of September, 2023, and recorded in Book 1906, Page 780, in Cleveland County Registry, North Carolina, default having been made in the payment of the note thereby 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 of 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 the City of Shelby, Cleveland County, North Carolina, or the customary location designated for foreclosure sales, at 10:30 a.m. on October 15, 2025 and will sell to the highest bidder for cash the following real estate situated in the City of Shelby, in the County of Cleveland, North Carolina, and being more particularly described as follows:
Being located just Southwest of the City of Shelby, North Carolina, and being Lot No. 39 of Westwood Heights and 25 feet from Southern part of Lot No. 40, as shown on Map by Clyde Fesperman, Registered Surveyor, made July 3, 1972, recorded in Plat Book 12, Page 74, in the Register's Office of Cleveland County, North Carolina, and being described by metes and bounds as follows.
BEGINNING at an iron pin on the West edge of Donna Drive, at a point 25 North of the Southeast corner of Lot No. 40 and runs thence a new line through Lot No. 40 North 79-25 West 207.24 feet more or less to a stake, 25 feet North of the Southwest corner of Lot No. 40 in the East line of the Reid Young property; thence running with the Young line South 17-59 West 99.32 feet to a stake, the Northwest corner of Lot No. 38; thence with the North line of Lot No.38, South 66-27 East 212.90 feet to a stake, on the West edge of Donna Drive, the Northeast corner of Lot No. 38; thence running with the West edge of Donna Drive as it curves in a Northerly direction 82.83 feet to a stake; thence continuing with the West edge of Donna Drive North 10-35 East passing an iron pin in the original Southeast corner of Lot No. 40 at 39.35 feet and continuing for a total distance 64.35 feet to the point of the BEGINNING.
The above described property is subject to the following restrictions: (1) No dwelling shall exist on the property that is less than 1500 square feet; (2) No mobile or manufactured homes shall exist on the property; (3) There shall be no further subdivision of said lot. These restrictions shall run with the land.
This conveyance is made subject to those restrictions set forth on the plat recorded in Plat Book 12, Page 74, Cleveland County Registry, and such restrictions are incorporated herein by reference the same as if fully set out.
Being the identical property conveyed to Grantor by North Carolina General Warranty Deed on February 21, 2023 in Deed Book 1892, Page 2433 recorded in the Office of the Register of Deeds of Cleveland County, North Carolina.
Being the identical property conveyed to Grantor by North Carolina General Warranty Deed and to be duly filed for recording in Cleveland County Registry.
Together with improvements thereon, said property located at 1212 Donna Drive, Shelby, NC 28152-7006
Parcel ID: 27641
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS §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 NCGS §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 expressly are 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 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.
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
6230 Fairview Road, Suite 315
Charlotte, North Carolina 28210
Phone No: (704) 362-9255
Case No: 1391356 (CFC.CH)
October 1, 8 2025
LWLM0371628