Company Case No: 3656 – 21176 FORCE SALE NOTICE 21 SP 321 Pursuant to and pursuant to the Power of Sale contained in a certain Deed of Trust made by David A. Hayes (CURRENT RECORD OWNER(S): David A. Hayes, Heirs of David A. Hayes aka David Hayes: Ernest D. Hayes; Heirs of Ernest D. Hayes: Dale E. Hayes) of Laurel A. Meyer, Trustee(s), dated November 29, 2017 and recorded in Book No. 2527, at page 144 of the Iredell County, North Carolina Register, failure to pay the promissory note secured by said trust deed and the undersigned, Substitute Trustee Services, Inc. having been replaced in as Trustee in said Deed of Trust by an instrument duly registered in the Deed Registry Office of Iredell County, North Carolina and the holder of the note evidencing said indebtedness directing that the Deed of Trust be forfeited, the the undersigned Substitute Trustee will offer for sale at the gate of the Statesville Courthouse, Iredell County, North Carolina, or the designated usual location for foreclosure sales, at 12:00 p.m. on February 24, 2022 and will sell to the highest bidder for cash the following properties located in Statesville in Iredell County, North Carolina North, and being more particularly described as follows: Situated and being in the Township of Concord, Iredell County, North Carolina and being more particularly described as follows: being the whole of lot number forty-six (46) of the Wood Rose Park subdivision, as it is flat, planned and recorded in Plat Book 17, pages 27 and 27A, Iredell County Register. For rear title, see Deed Book 1857, page 1295, Iredell County Registry. With the improvements therein; said property being located at 179 DJ Drive, Statesville, North Carolina. The property conveyed here is subject to covenants recorded in Deed Book 702, Page 77, Iredell County Register. Parcel Number: 4726 90 0678 Address: 179 DJ Lane, Statesville, NC 28625 Trustee may, in its sole discretion, delay sale for up to one hour as provided in NCGS §45-21.23. If the property is purchased by a third party, that party must pay the excise tax, plus the court fee of forty-five cents ($0.45) per one hundred dollars ($100.00) required by NCGS §7A -308(a)(1). The property to be offered under this Notice of Sale is offered for sale, transfer and assignment “AS IS, WHERE IS”. Neither the Trustee nor the Noteholder secured by the Indenture/Security Agreement, or both, being seized, nor the officers, directors, attorneys, employees, agents or authorized representatives of the Trustee or the Noteholder any representations or warranties as to title or to any physical, environmental, health or safety condition existing in, upon, upon or relating to the property offered for sale, and any liabilities or obligations arising out of or in any way relating thereto or under such conditions are expressly excluded. In addition, this property is sold subject to all taxes, special assessments and prior liens or encumbrances recorded and any release recorded. Said property is also sold subject to applicable federal and state laws. A deposit of five percent (5%) of the purchase price, or seven hundred and fifty dollars ($750.00), whichever is greater, is required and must be returned in certified funds at the time of sale. If the trustee is unable to pass title to this property for any reason, the purchaser’s sole remedy is the return of the deposit. Reasons for such an inability to convey include, but are not limited to, filing for bankruptcy prior to confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is disputed by a party, the trustee, at his sole discretion, if he considers that the dispute is founded, may ask the court to declare the sale void and return the deposit. The buyer will no longer have any recourse. Additional notice for residential properties with less than 15 rental units, including single family residential properties the clerk of the superior court of the county in which the property is sold. Any person occupying the property under a lease entered into or renewed on or after October 1, 2007 may, upon receipt of notice of sale with foreclosure, terminate the lease by providing written notice of termination to the owner, commencing on a date set forth in the notice which is at least 10 days but not more than 90 days after the date of sale contained in this notice of sale, provided that the mortgagor has not the default has not been remedied at the time the tenant gives the notice of termination. In the event of termination of a rental agreement, the tenant is liable for the rent due under the rental agreement in proportion to the effective date of the termination. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c/o Hutchens Law Firm PO Box 1028 4317 Ramsey Street Fayetteville, NC 28311 Telephone: (910) 864-3068 https://sales.hutchenslawfirm.com Firm File: 3656 – 21176 Date of Publication: February 14, 2022 and February 21, 2022.