SUBSTITUTE TRUSTEE’S NOTICE OF SALE - SMITH
SUBSTITUTE TRUSTEE’S
NOTICE OF SALE
Sale at public auction will be on April 4, 2023, at or about 10:00 AM, local time, at the West door of the Hardeman County Courthouse, 100 North Main Street, Bolivar, TN 38008, pursuant to the Deed of Trust executed by Richard B Smith aka Brian Smith and Ashlee M Smith, husband and wife, to Susan Voss, as Trustee for Regions Bank d/b/a Regions Mortgage dated October 7, 2015, and recorded on October 19, 2015, in Book 731, Page 82, Instrument No. 162451, in the Register’s Office for Hardeman County, Tennessee (“Deed of Trust”), conducted by Padgett Law Group, having been appointed Substitute Trustee, all of record in the Hardeman County Register’s Office. Default in the performance of the covenants, terms, and conditions of said Deed of Trust has been made; and the entire indebtedness has been declared due and payable.
Party entitled to enforce the debt: Regions Bank DBA Regions Mortgage
Other interested parties: Department of the Treasury - Internal Revenue Service; Border States Electric Supply; State of Tennessee Department of Revenue; PCA Acquisitions V, LLC
The hereinafter described real property located in Hardeman County will be sold to the highest call bidder subject to all unpaid taxes, prior liens, and encumbrances of record:
Legal Description: BEGINNING at an iron pin set in the east margin of Maxwell Road (50 foot right of way), which point is located North 32 degrees 57 minutes 40 seconds East 1046.00 feet from an iron pin found at the original Southwest corner of Carr; thence from the point of beginning, and with the east margin of Maxwell road the following calls: North 50 degrees 11 minutes 03 seconds East 113.49 feet; North 56 degrees 44 minutes 48 seconds East 83.45 feet; North 64 degrees 21 minutes 17 seconds East 12.10 feet to the Northeast corner of the herein described tract; thence on a new line through Carr, South 26 degrees 59 minutes 00 seconds East 1126.14 feet to the centerline of a ditch; thence with the centerline of said ditch, North 89 degrees 53 minutes 49 seconds West 231.05 feet to the Southwest corner of the herein described tract; thence on a new line through Carr, North 26 degrees 59 minutes 00 seconds West 986.90 feet to the point of beginning, containing 5.00 acres. Per Certificate of Survey by Gregory J. Perry, R.L.S. No. 1999, Henderson, Tennessee, dated January 11, 2005. (Legal description taken from prior deed.)
Being the same property conveyed to Linda Holloway and Brian Smith a/k/a Richard B. Smith by deed recorded in Deed Book 19, Page 570 in the Register‘s Office of Hardeman County, Tennessee.
Street Address: The street address of the property is believed to be 915 Maxwell Road, Bolivar, TN 38008, but such address is not part of the legal description of the property. In the event of any discrepancy, the legal description herein shall control.
Map/Parcel Number: 118 035.00
Current owner(s) of Record: Linda Holloway and Brian Smith aka Richard B Smith
This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes and assessments; any restrictive covenants, easements or setback lines that may be applicable; rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any government agency, state or federal; and any and all prior deeds of trust, liens, dues, assessments, encumbrances, defects, adverse claims and other matters that may take priority over the Deed of Trust upon which this foreclosure sale is conducted or are not extinguished by this Foreclosure Sale. This sale is being conducted subject to the Deed of Trust recorded in Book 454, Page 816 in the Office for the Hardeman County Register of Deeds on September 26, 2005.
FURTHERMORE, THIS SALE SHALL SPECIFICALLY BE SUBJECT TO THE RIGHT OF REDEMPTION BY THE UNITED STATES OF AMERICA PURSUANT TO 26 U.S.C. 7425(d)(1) BY REASON OF THE FOLLOWING TAX LIEN(S) OF RECORD IN FTL BK 4, PG 843 AS INSTRUMENT NO. 227501; FTL BK 4, PG 832 AS INSTRUMENT NO. 206873; FTL BK 4, PG 815 AS INSTRUMENT NO. 193192; FTL BK 4, PG 804, INSTRUMENT NO. 191095; FTL BK 4, PG 779 AS INSTRUMENT NO. 180762; FTL BK 4, PG 831 AS INSTRUMENT NO. 206872; FTL 4, PG 811 AS INSTRUMENT NO. 191817; FTL BK 4, PG 810 AS INSTRUMENT NO. 191816; FTL BK 4, PG 855 AS INSTRUMENT NO. 232340 IN THE REGISTER’S OFFICE OF HARDEMAN COUNTY, TENNESSEE. NOTICE OF THE SALE HAS BEEN GIVEN TO THE UNITED STATES OF AMERICA IN ACCORDANCE WITH 26 U.S.C. 7425(b). FURTHERMORE, THIS SALE SHALL SPECIFICALLY BE SUBJECT TO THE RIGHT OF REDEMPTION BY THE STATE OF TENNESSEE PURSUANT TO T.C.A. 67-1-1433 (c)(1) BY REASON OF THE FOLLOWING TAX LIEN(S) OF RECORD IN LIEN BOOK 26, PAGE 622 AS INSTRUMENT NO. 223879 OF THE REGISTER’S OFFICE OF HARDEMAN COUNTY, TENNESSEE. NOTICE OF THE SALE HAS BEEN GIVEN TO THE STATE OF TENNESSEE IN ACCORDANCE WITH 67-1-1433 (b)(2).
THE PROPERTY IS SOLD WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO TITLE, MARKETABILITY OF TITLE, POSSESSION, QUIET ENJOYMENT OR THE LIKE AND FITNESS FOR A GENERAL OR PARTICULAR USE OR PURPOSE. The title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
The right is reserved to adjourn the sale to another time certain or to another day, time, and place certain, without further publication upon announcement on the day, time, and place of sale set forth above or any subsequent adjourned day, time, and place of sale.
If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified check made payable to or endorsed to Padgett Law Group. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Padgett Law Group, Substitute Trustee 6267 Old Water Oak Road, Suite 203 Tallahassee, FL 32312 (850) 422-2520 (telephone) (850) 422-2567 (facsimile) attorney@padgettlawgroup.com PLG# 22-004760-1