Details for SUBSTITUTE TRUSTEE'S SALE

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SUBSTITUTE TRUSTEE'S SALE

Sale at public auction will be on April 4, 2019, at or about 10:00 AM, local time, at the East Door of the Lincoln County Courthouse, 112 Main Avenue South, Fayetteville, TN 37334, pursuant to the Deed of Trust executed by Kevin Cole, and Kaprina Renay Cole, to Craig R. Allen, as Trustee for Ditech Financial, LLC dated February 13, 2017, and recorded on February 27, 2017 in Book TD745, Page 47, in the Register's Office for Lincoln County, Tennessee ("Deed of Trust"), conducted by Padgett Law Group, having been appointed Substitute Trustee, all of record in the Lincoln 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: U.S. Bank, N.A., as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee, successor by merger to First Union National Bank as Trustee, for Mid-State Trust VIII

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

Legal Description: BEGINNING AT A POINT IN THE CENTER OF SHORT CREEK ROAD, ON THE SOUTH LINE OF THE PARENT PROPERTY; THENCE FOLLOWING SAID CENTER NORTH8 DEGREES 47 MINUTES 00 SECONDS EAST 10.00 FEET TO A POINT; THENCE LEAVING SAID CENTER NORTH 57 DEGREES 56 MINUTES 45 SECONDS WEST 37.15 FEET TO A POINT IN THE CENTER OF A GRAVEL DRIVE, THENCE FOLLOWING SAID CENTER NORTH 19 DEGREES 14 MINUTES 21 SECONDS WEST 18.43 FEET, NORTH 2 DEGREES 24 MINUTES 44 SECONDS EAST 67.42 FEET, NORTH 36 DEGREES 42 MINUTES 46 SECONDS WEST 27.67 FEET, NORTH 72 DEGREES 22 MINUTES 46 SECONDS WEST 26.92 FEET, SOUTH 81 DEGREES 09 MINUTES 21 SECONDS WEST 51.88 FEET, NORTH 85 DEGREES 20 MINUTES 12 SECONDS WEST 34.85 FEET, NORTH 51 DEGREES 14 MINUTES 42 SECONDS WEST 28.62 FEET; NORTH 36 DEGREES 00 M INUTES 25 SECONDS WEST 27.41 FEET, NORTH 85 DEGREES 15 MINUTES 32 SECONDS WEST 21.64 FEET, SOUTH 42 DEGREES 19 MINUTES 17 SECONDS WEST 40.69 FEET; SOUTH 49 DEGREES 33 MINUTES 10 SECONDS WEST 30.09 FEET, SOUTH 66 DEGREES 28 MINUTES 18 SECONDS WEST 33.20 FEET; SOUTH 87 DEGREES 27 MINUTES 45 SECONDS WEST 36.78 FEET; NORTH 68 DEGREES 40 MINUTES 44 SECONDS WEST 53.20 FEET, NORTH 44 DEGREES 37 MINUTES 37 SECONDS WEST 32.37 FEET, NORTH12 DEGREES 53 MINUTES 56 SECONDS WEST TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTER NORTH 88 DEGREES 07 MINUTES 38 SECONDS WEST 58.75 FEET TO A POINT; THENCE NORTH 1 DEGREE 52 MINUTES 22 SECONDS EAST 208.75 FEET TO A POINT, THENCE SOUTH 88 DEGREES 07 MINUTES 38 SECONDS EAST 208.75 FEET TO A POINT; THENCE SOUTH 1 DEGREE 52 MINUTES 22 SECONDS WEST 208.75 FEET TO A POINT; THENCE NORTH 88 DEGREES 07 MINUTES 38 SECONDS WEST 150.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 1.00 ACRE. ALSO BEING CONVEYED ARE 2 SPRINGS BOTH LOCATED ON TRACT ONE, AND ALSO THE RIGHT FOR TONY RHODES AND WIFE TRACY RHODES THE RIGHT TO ENTER ONTO TRACT ONE TO MAKE ANY REPAIRS OR MAINTENANCE ON SAID WATER LINES TO KEEP THEM INTACT.

ALSO INCLUDED IN THIS DESCRIPTION IS A 20 FOOT RIGHT-OF-WAY FOR PURPOSE OF INGRESS/EGRESS TO THE ABOVE DESCRIBED 1 ACRE TRACT FROM SHORT CREEK ROAD, BEING 10 FEET FROM EITHER SIDE OF THE CENTER OF THE GRAVEL DRIVE AS DESCRIBED BELOW:

BEGINNING AT A POINT IN THE CENTER OF SHORT CREEK ROAD ON THE SOUTH LINE OF THE PARENT TRACT; THENCE FOLLOWING SAID CENTER NORTH 8 DEGREES 47 MINTES 00 SECONDS EAST 10.00 FEET TO THE TRUE POINT OF BEGINNNING; THENCE LEAVING SAID CENTER NORTH 57 DEGREES 56 MINUTES 45 SECONDS WEST 37.15 FEET TO A POINT IN THE CENTER OF SAID GRAVEL DRIVE; THENCE FOLLOWING SAID CENTER NORTH 19 DEGREES 14 MINUTES 21 SECONDS WEST 18.43 FEET; NORTH 2 DEGREES 24 MINUTES 44 SECONDS EAST 67.42 FEET; NORTH 36 DEGREES 42 MINUTES 46 SECONDS WEST 37.67 FEET; NORTH 72 DEGREES 22 MINUTES 46 SECONDS WEST 26.92 FEET; SOUTH 81 DEGREES 09 MINUTES 21 SECONDS WEST 51.88 FEET; NORTH 85 DEGREES 20 MINUTES 12 SECONDS WEST 34.85 FEET; NORTH 51 DEGREES 14 MINUTES 42 SECONDS WEST 28.62 FEET; NORTH 36 DEGREES 00 MINUTES 25 SECONDS WEST 27.41 FEET; NORTH 85 DEGREES 15 MINUTES 32 SECONDS WEST 21.64 FEET; SOUTH 42 DEGREES 19 MINUTES 17 SECONDS WEST 40.69 FEET; SOUTH 49 DEGREES 33 MINUTES 10 SECONDS WEST 30.09 FEET; SOUTH 66 DEGREES 28 MINUTES 18 SECONDS WEST 33.20 FEET; SOUTH 87 DEGREES 27 MINUTES 45 SECONDS WEST 36.78 FEET; NORTH 68 DEGREES 40 MINUTES 44 SECONDS WEST 53.20 FEET, NORTH 44 DEGREES 37 MINUTES 37 SECONDS WEST 32.37 FEET, NORTH 12 DEGREES 53 MINUTES 56 SECONDS WEST 28.30 FEET, NORTH 88 DEGREES 07 MINUTES 38 SECONDS WEST 58.75 FEET TO A POINT IN THE CENTER OF SAID DRIVE ON THE SOUTH LINE OF THE ABOVE DESCRIBED 1 ACRE TRACT, AS PER SURVEY MADE BY NORTHCUTT SURVEYING, W.O. 97l-218, DATED AUGUST 11, 1997, ALL LYING IN THE 16TH CIVIL DISTRICT OF LINCOLN COUNTY, TENNESSEE, IN DEED BOOK Z-11, PAGE 102.

Street Address: The street address of the property is believed to be 70 Short Creek Road, Dellrose, TN 38453, 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: 095 003.01

Current owner(s) of Property: Kevin Cole and Kaprina Renay Cole (husband and wife)

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.

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# 18-010967-1

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