Substitute Trustee Sale- Scott Hauri & Rose Harper

NOTICE OF SUBSTITUTE TRUSTEE’S SALE

 

STATE OF TENNESSEE, MACON COUNTY

 

THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION GATHERED IN CONNECTION HEREWITH WILL BE UTILIZED FOR THAT PURPOSE.

 

WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust Note dated October 23, 2019, and the Deed of Trust of even date, securing said Deed of Trust Note recorded on November 6, 2019 in Record Book RB88, at Page 551-561, in the Register’s office of Macon County, Tennessee, executed by Scott R. Hauri and Rose Marie Harper, conveying certain property described therein to Acopia, LLC., as Trustee, for the benefit of Acopia, LLC. (the “Holder”) and to Mickel Law Firm, P.A., having been appointed as Substitute Trustee by instrument of record in the Register’s office for Macon County, Tennessee.

 

WHEREAS, the owner and holder of the Deed of Trust Note has declared the entire indebtedness due and payable and demanded that the hereinafter described real property be advertised and sold in satisfaction of indebtedness and costs of foreclosure in accordance with the terms and provisions of the Deed of Trust Note and Deed of Trust.

 

NOW, THEREFORE, notice is hereby given that an agent of Mickel Law Firm, P.A., as Substitute

Trustee, pursuant to the power, duty and authority vested in and conferred upon said Substitute Trustee, by the Deed of Trust, will on Tuesday, December 12, 2023, at or about 2:00 PM at 104 County Courthouse, Macon County Courthouse – Front Door, Lafayette, Tennessee, 37083, or the sale will be held in the place at said venue where foreclosure sales are customarily advertised and/or conducted, offer for sale to the highest bidder for cash, and free from all legal, equitable and statutory rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other exemptions of every kind, all of which have been waived in the Deed of Trust, certain real property located in Macon County, Tennessee, described as follows:

Being Tract No. 14 of the Final Plat of the Willie Mae Tuck Subdivision, a plat of which is of record in Plat Cabinet 2, Slide 140-B, Register`s Office, Macon County, Tennessee, to which reference is hereby made for a more complete description of said tract.

Parcel ID: 039-070.14-000

More Commonly Known As: 292 Trent Rd., Lafayette, TN 37083.

The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; a deed of trust; and any matter than an accurate survey of the premises might disclose; and

All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and 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 day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.

The sale is subject to Occupants(s) rights in possession, if applicable.

If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the purchase price. The Purchaser shall have no further recourse against the Grantor, the Grantee or the Substitute Trustee.

To the best of the Trustee’s knowledge, information, and belief, there are no Federal or State tax lien claimants or other claimants upon the subject property which would require notice pursuant to the terms and provision of T.C.A. § 35-5-104, T.C.A. § 67-1-1433 or 26 U.S.C. § 7425.

If a high bidder fails to close a sale, the Substitute Trustee shall have the option of making the sale to the next highest bidder. The sale held pursuant to this Notice may be rescinded at the Substitute Trustee’s option at any time.

The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust. This property is being sold “as is.” Additionally, no representation as to the condition of any structure(s) thereon or the accuracy of the above legal description is being or has been made. Transfer taxes and recording fees are the responsibility of the purchaser.

The following individuals or entities have an interest in the above-described property: Scott R. Hauri, Rose Marie Harper, Tenants and/or Occupants of 292 Trent Rd., Lafayette, TN 37083, Spouse of Scott R. Hauri, Spouse of Rose Marie Harper.

DATED this 12th day of October 2023.

Stephen P. Lowman

TN Bar No. 038269

MICKEL LAW FIRM, P.A., SUBSTITUTE TRUSTEE, 1501 NORTH UNIVERSITY, SUITE 930 LITTLE ROCK, ARKANSAS 72207-5238

PHONE: 888-217-5535  FAX: (501)664-0631

File No. 108202-1