FORECLOSURE SALE NOTICE

WHEREAS, Ruby A. King and Erin D. King executed a Deed of Trust dated December 7, 2020, in favor of David B. East, Trustee, to secure a Promissory Note payable to the order of Stephanie Smotherman in the original amount of $180,147.00, which Promissory Note is more fully described in Record Book 223, page 611, in the Register’s Office of Lewis County, Tennessee, to which reference is hereby made (the “Deed of Trust”), and to secure payment of other indebtedness then existing or to arise thereafter; and

WHEREAS, R. Houston Akin of Davidson County has been appointed Trustee by Stephnaie Smotherman, the owner and holder of the Indebtedness by instrument of record at Record book 257, page 888, Register’s Office for Lewis County, Tennessee, with authority to act under the powers given the Trustee under the Deed of Trust and be applicable law; and

WHEREAS, defaults under the Indebtedness secured by the Deed of Trust have occurred; and

WHEREAS, the owner and holder of said Indebtedness has demanded that the real property be advertised and sold in satisfaction of said Indebtedness and the cost of said foreclosure, in accordance with the terms, conditions and provisions of the loan documents and the Deed of Trust

NOW, THEREFORE, notice is hereby given that the Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon the Trustee in said Deed of Trust and under applicable law, will on Monday, May 1, 2023 at 12:00 p.m. o’clock, prevailing time, at the entrance to the Lewis County Courthouse, Hohenwold, Tennessee offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory right of redemption or otherwise, homestead, dower, elective share and all other rights of exemption of every kind as waived in said Deed of Trust, certain property described as follows, to-wit:

Real property situated in the Third (3) Civil District of Lewis County, Tennessee, and being more particularly described as follows:

Being Lot No. Twelve (12) and 13.7 feet off of the North side of Lot No. Eleven (11), both in Block No. Twenty (20) of the town of Hohenwald as shown by map or plat of record in Trust Deed Book A at Pages 324-325, Register’s Office of Lewis County, Tennessee, being described by metes and bounds as follows: Beginning at a stake in the East boundary of Park Avenue South, being the Southwest corner of Lot No. Thirteen (13), Block No. Twenty (20); and running thence South 87 (1/2) degrees East with the South boundary of Lot No. Thirteen (13) and the North boundary of Lot No. Twelve (12), 172 feet to a stake in the alley, the Northeast corner of Lot No. Twelve (12) and the Southeast corner of Lot No. Thirteen (13), said Block; thence South 2 (1/2) degrees West the East boundary of Lots No. Twelve (12) and Eleven (11), and the West boundary of the alley, 73.7 feet to a stake in the East boundary of Lot No. Eleven (11) and the West boundary of the alley, thence north 87 (1/2) degrees West, parallel to the North boundary of Lot No. Eleven (11); 172 feet to a stake in the West boundary of Lot No. Eleven (11), being the East boundary of Park Avenue South, thence North 2 (1/2) degrees East with the West boundary of Lots No. Eleven (11) and Twelve (12) and the East boundary of Park Avenue South, 73.7 feet to the point of beginning.

Being the same property conveyed to Stephanie Smotherman by Warranty deed from Chona Lobusta, unmarried of record in Book 221, page 789, Register’s Office for Lewis County, Tennessee, dated October 16, 2020 and recorded on October 20, 2020.

Further being the same property conveyed to Ruby A. King and Erin D. King by Warranty Deed from Stephanie Smotherman dated November 30, 2020, of record in Book 223, Page 609, Register’s Office for Lewis County, Tennessee.

The address of the property is, upon best information and knowledge, believed to be 213 South Park, Hohenwold, TN 38462, 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.

This property is sold AS IS, WHERE IS AND WITH ALL FAULTS, and without any representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MECHANTABILITY, CONDITION OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

Other interested parties:

Acopia, LLC

The right is reserved to (i) delay the sale to another time certain or adjourn the day of the sale to another day and time, without further publication and in accordance with law, upon announcement of said delay or adjournment on the day and time and place of the sale set forth above; (ii) sell the Property at the time fixed by the last postponement or to give new notice of sale; (iii) sell the Property in such lots, parcels, segments, or separate estates as the Substitute Trustee may choose; (iv) sell part of the Property and delay, adjourn, cancel, or postpone the sale of the remaining part of the Property; (v) sell the Property in whole and then to sell the Property in parts and to consummate the sale in whichever manner produces the highest sale price; (vi) to sell to the next highest bidder in the event any higher bidder does not comply with the terms of the sale.

The Substitute Trustee will make no covenant of seisin, marketability of title or warranty of title, express or implied, and will sell and convey the subject real estate by Trustee’s Deed as Substitute Trustee only and not otherwise.

This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes and assessments (plus penalties, interest and costs) which exists as a lien against the said Property; any restrictive covenants, easements or setback lines that may be applicable; any rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state of federal; and any and all prior deeds of trusts, 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 also subject to any matter that an inspection and accurate survey of the property might disclose.

THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.

Dated this 3rd day of April, 2023.

R. Houston Akin, Trustee

1103 Holly Street

Nashville, TN 37206

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