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Substitute Trustee Sale- Tina & Sean Smith

SUBSTITUTE TRUSTEE’S NOTICE OF SALE

Sale at public auction will be on April 30, 2024, at or about 2:00 PM, local time, at the front door of the Macon County Courthouse, 104 County Courthouse, Lafayette, TN 37083, pursuant to the Deed of Trust executed by Tina Smith and Sean Smith, wife and husband, to Cella Stewart Rouse, as Trustee for Mortgage Electronic Registration Systems Inc., acting solely as nominee for Success Mortgage Partners, Inc dated August 24, 2022, and recorded in Book 172, Page 205, Instrument Number 22003777, in the Register’s Office for Macon County, Tennessee (“Deed of Trust”), conducted by Padgett Law Group, having been appointed Substitute Trustee, all of record in the Macon 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: Planet Home Lending, LLC

Other interested parties: Discover Bank, American Express National Bank

The hereinafter described real property located in Macon County will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:

Legal Description: A certain tract or parcel of land in the 1st Civil District of Macon County, Tennessee, as follows:

Tract 1:

Beginning on a creosote post the Southeast corner of this plot and Mr. Fred Coley states this is his Southeast corner, said post being in the West margin of the public road and a corner to the Dixon land, running with public road North 8 degrees 44 minutes 27 seconds East 116.61` stake; thence North 84 degrees 14 minutes 49 seconds West 110.56` stake; thence South 8 degrees 27 minutes 54 seconds West 145.15` stake in the Dixon property line; thence with Dixon property line a fence North 81 degrees 22 minutes 38 seconds East 114.95` to the beginning containing 0.33 acres more or less, as per survey of Joe E. Holland on September 14, 1982.

Tract II:

Being located in the 1st Civil District of Macon County, Tennessee, and more particularly described as follows:

Beginning at an iron pin new by a post in the Westerly line of Morgan Road being the Northeast corner of this tract and also being a corner to the remaining Carter property, this pin new also being South 19 degrees 09 minutes 02 seconds West 396.46 feet from the corner of Morgan Road; thence with the Westerly line of Morgan road South 14 degrees 57 minutes 14 seconds West 83.32 feet to an iron pin new being a corner to Jerry and Judy Coley as described in Deed Book 124, Page 64, thence leaving Morgan Road with the line of Coley North 77 degrees 18 minutes 42 seconds West 110.88 feet to a post; thence South 15 degrees 41 minutes 37 seconds West 145.81 feet to an iron pin old, being in the line of Dewey and Julia Swindle as described in Deed Book 181, Page 474; thence leaving Coley with Swindle North 83 degrees 55 minutes 07 seconds West 2.61 feet to an iron pin new, being a corner to the remaining Carter property; thence leaving Swindle with a line severing the Carter property North 1 degrees 48 minutes 37 seconds West 195.09 feet to an iron pin new; thence North 80 degrees 29 minutes 16 seconds East 113.61 feet to an iron pin new by a power pole; thence South 75 degrees 05 minutes 18 seconds East 68.12 feet to the point of beginning containing 0.36 acres more or less.

Being the same property conveyed to Tina Smith and Sean Smith, wife and husband by deed from SRS Properties, LLC, of record in Book 172, Page 203, or Instrument Number 22003776, Register`s Office of Macon County, Tennessee.

Included to-wit is a 1982 Champion Model 850 62×27 manufactured home with Serial Number 21-2-850-3965A/B.

Street Address: The street address of the property is believed to be 1443 Morgan Road, Lafayette, TN 37083, 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: 049 039.01 000

Current owner(s) of Record: Sean Smith and Tina 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.

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.

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# 23-013924-1