SUBSTITUTE TRUSTEE'S NOTICE OF SALE:Parish Joseph Phelps

SUBSTITUTE TRUSTEE’S

NOTICE OF SALE

Sale at public auction will be on May 22, 2024, at or about 2:00 PM, local time, at the east door of the Lewis County Courthouse, 110 North Park Street, Hohenwald, TN 38462, pursuant to the Deed of Trust executed by Parish Joseph Phelps, to Fidelity National Title, as Trustee for Mortgage Electronic Registration Systems Inc., acting solely as nominee for Lower LLC, DBA Honor Home Loans, its successors and assigns dated July 3, 2023, and recorded in Book 261, Page 655, Instrument Number 62783, and as corrected by Scrivener’s Affidavit recorded in Record Book 272, Page 146, Instrument Number 64859, in the Register’s Office for Lewis County, Tennessee (“Deed of Trust”), conducted by Padgett Law Group, having been appointed Substitute Trustee, all of record in the Lewis 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: Sailfish Servicing, LLC

Other interested parties: The Estate/Unknown Heirs of Parish Joseph Phelps

The hereinafter described real property located in Lewis 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 located in lewis county, tennessee, being more fully described as follows:

being and lying in the third (3rd) civil distrct of Lewis County, Tennessee and being more particularly described as follows:

Beginning at a stake in the east boundary line of highway 48 right-of-way, which stake stands south 2 ½ degrees west 1201 feet from a point in the north boundary line of entry no. 198 for 200 acres made in the name of josiah breacham, said point being south 87 ½ degrees east 1138 feet from the northwest corner of said josiah breacham entry no. 198, and runs thence north 62 degrees east 212 feet to a stake in the center of an old road; thence with said old road south 2 ½ degrees east 273 feet to a stake; thence south 62 ½ degrees west 109 feet to the east boundary line of highway no. 48 right-of-way; thence with said highway right-of-way, north 25 ¾ degrees west, 246 feet to the beginning.

There is further conveyed hereby the right to use water from a spring situated on adjoining property owned by Elton Hinson and wife, Lula Hinson, together with an easement for water line from said spring to the property herein conveyed, with the right to make necessary repairs to the pump and water line when needed, all as is set out in Deed Book WW, Page 57, in the Register`s Office of Lewis County, Tennessee.

Being the same property conveyed to Paul Potts from Daisy Potts and Tammy Ramsey, fka Tammy Zimmerman, by Warranty Deed dated January 28, 2022 and recorded February 4, 2022 in Record Book 242, Page 387, said Register`s Office.

Being the same property conveyed to Margaret A. Birdsall from Lucinda Gail Carroll and Bobbie Jean Leviner Carroll by Warranty Deed dated December 11, 1989 and recorded December 13, 1989 in WD Book A48, page 201, said Register`s Office. The said Margaret A. Birdsall having since died October 13, 2018, leaving her husband, William Joseph Birdsall and here children, Daisy Potts and Tammy Zimmerman, as surviving heirs at law - see affidavit of heirship in furtherance of Title of record in Record Book 242, page 384. The said William Joseph Birdsall conveyed his interest to the said Daisy Potts and Tammy Zimmerman by Quitclaim Deed dated April 23, 2019 and recorded July 1, 2021 in Record Book 232, page 580, said Register`s Office. Being further conveyed to Parish Joseph Phelps, from Paul Potts, by Deed dated 07/03/2023, of record in Book 261, Page 653, Instrument Number 62782, in the Office of the Lewis County Register of Deeds.

Street Address: The street address of the property is believed to be 1312 Centerville Highway, Hohenwald, 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.

Map/Parcel Number: 019 020.00

Current owner(s) of Record: Parish Joseph Phelps

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.

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)

[email protected]

PLG# 24-000938-1