Substituted Trustee's Notice of Sale

Substituted Trustee's Notice of Sale SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, effective as of October 21, 2021, PF Addison LLC, a Mississippi limited liability company erroneously identified as a New Jersey limited liability company (the "Borrower") executed that certain Deed of Trust, Assignment of Leases and Rents, Fixture Filing, and Security Agreement (Construction) (the "Deed of Trust") to Staci Y. Blackwell, as trustee (the "Original Trustee"), for the use and benefit of Broadview Capital LLC (also identified as "Broadview Capital LLC, ISAOA, ATIMA"), a New York limited liability company (the "Original Lender"), which instrument was recorded in the Office of the Chancery Clerk of Hinds County, Mississippi (First Judicial District) (the "Recording Office") on December 2, 2021, as Instrument Number 1781551, at Book 7272, Page 6966; and, WHEREAS, as of November 5, 2021, Original Lender executed that certain Assignment of Mortgage (the "Assignment") thereby assigning all right, title, and interest in the Deed of Trust and related loan documents to Toorak Capital Partners, LLC, a Delaware limited liability company (the "Beneficiary"), which instrument was recorded in the Recording Office on February 17, 2022, as Instrument Number 1788227, at Book 7278, Page 2675; and, WHEREAS, on February 21, 2024, pursuant to that certain Substitution of Trustee (the "Trustee Substitution"), Beneficiary substituted Alan Lee Smith (the "Substituted Trustee") as trustee of the Deed of Trust, in the place and stead of the Original Trustee and of any other substituted trustee, which Trustee Substitution was recorded in the Recording Office on February 29, 2024, as Instrument Number 1864744, at Book 7305, Page 3300, and thereafter spread upon the land records maintained by the Chancery Clerk of Hinds County, Mississippi (First Judicial District); and WHEREAS, default having been made in the terms and conditions of said Deed of Trust and the entire debt secured thereby (the "Indebtedness") having been declared to be due and payable in accordance with the terms of said Deed of Trust, Beneficiary has called upon the Substituted Trustee to execute the trust and make foreclosure thereof according to the terms of said Deed of Trust and applicable Mississippi law, for the purpose of raising the sums due thereunder, with the proceeds thereof to be applied in accordance with the terms and conditions of the Deed of Trust and related loan documents. NOW, THEREFORE, I, Alan Lee Smith, acting solely in my capacity as Substituted Trustee, by virtue of the authority conferred upon me pursuant to the Deed of Trust and applicable Mississippi law, do hereby give notice that I will, between the legal hours of 11:00 a.m. and 4:00 p.m. on Friday, June 26, 2026, offer for sale at public outcry at the main north front door of the Hinds County Courthouse (First Judicial District), 407 East Pascagoula Street, Jackson, Mississippi, to the highest and best bidder for cash, the following described real property situated in Hinds County, Mississippi (First Judicial District) (the "Premises"), to-wit: REAL PROPERTY All that certain lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the City of Jackson, County of Hinds, State of Mississippi. A tract or parcel of land lying and being situated in the West 1/2 of Section 6, Township 5 North, Range 1 East, City of Jackson, First Judicial District, Hinds County, Mississippi, and being more particularly described by metes and bounds as follows, to-wit: Commencing at a set 1/2 inch iron pin marking the Southeast corner of the Northwest 1/4 of the Southwest 1/4 of said Section 6; run thence North 00° 38' West for a distance of 122.32 feet along the line between the East 1/2 and the West 1/2 of the Southwest 1/4 of said Section 6 to a set 1/2 inch iron pin marking the POINT OF BEGINNING of the herein described property; thence North 00° 38' West for a distance of 1,642.29 feet to the Southerly right-of-way of Robinson Road and a set 1/2 inch iron pin; thence North 89° 15' East along said Southerly right-of-way of Robinson Road for a distance of 366.90 feet to a set 1/2 inch iron pin; thence South 87° 35' East along said Southerly right-of-way of Robinson Road for a distance of 126.32 feet to a set 1/2 inch iron pin; thence South 82° 56' East along said Southerly right-of-way of Robinson Road for a distance of 37.29 feet to a set 1/2 inch iron pin marking the Northwest corner of the Metropolitan Ministries Fellowship of Jackson, Mississippi property as recorded in Deed Book 6727, Page 429, in the Office of the Chancery Clerk of Hinds County; thence South 00° 38' East along the West line of said Metropolitan Ministries Fellowship of Jackson, Mississippi, property and the West line of the Westgate Hills Apartments, LP property as recorded in Deed Book 5246, Page 229, in the Office of the Chancery Clerk of Hinds County for a distance of 1,631.78 feet to the North line of the Lynch Street Subdivision, Plat III, as recorded in Plat Cabinet A, Slot 388, in the Office of the Chancery Clerk of Hinds County and a set 1/2 inch iron pin marking the Southwest corner of said Westgate Hills Apartments, LP property; thence South 89° 25' West along said North line of the Lynch Street Subdivision Plat III, and the North line of the Lynch Street Subdivision - Plat One as recorded in Plat Cabinet A, Slot 367, in the Office of the Chancery Clerk of Hinds County for a distance of 530.00 feet to the POINT OF BEGINNING. ALSO DESCRIBED AS: TRACT I: Being situated in the West 1/2 of Section 6, Township 5 North, Range 1 East, City of Jackson, Hinds County, Mississippi, and being more particularly described by metes and bounds as follows, to-wit: Commence at the Southeast corner of the Northwest Quarter of the Southwest Quarter of the said Section 6 and run thence North 00° 38' West for a distance of 122.32 feet along the line between the East 1/2 and the West 1/2 of the Southwest Quarter of the said Section 6 to the POINT OF BEGINNING for the parcel herein described; thence continue North 00° 38' West for a distance of 1642.29 feet to the Southern right-of-way line of Robinson Street; thence North 89° 15' East for a distance of 160.00 feet along the said Southern right-of-way line of Robinson Street; thence leave said Southern right-of-way line and run South 00° 38' East for a distance of 350.00 feet; thence North 89° 15' East for a distance of 370.00 feet; thence South 0° 38' East for a distance of 1293.83 feet; thence South 89° 25' West for a distance of 530.0 feet to the POINT OF BEGINNING. TRACT II: Beginning at the Southeast corner of the Northwest Quarter of the Southwest Quarter of Section 6, Township 5 North, Range 1 East; run thence North 00° 38' West along the line between the East Half and West Half of the Southwest Quarter of Section 6 for a distance of 1764.61 feet to the South right-of- way line of Robinson Road thence along the South right-of-way of Robinson Road, North 89° 15' East, 160 feet to the true POINT OF BEGINNING; thence continue along the South right-of-way of Robinson Road the following bearings and distances: North 89° 15' East, 206.9 feet; South 87° 35' East, 126.32 feet; South 82° 56' East, 37.29 feet; thence leaving said South right-of-way of Robinson Road, thence South 00° 38' East, 337.95 feet; thence South 89° 15' West, 370 feet; thence North 00° 38' West, 350 feet to the POINT OF BEGINNING. Substituted Trustee will on the same date and at the same time and place, proceed to sell at public outcry to the highest and best bidder for cash, pursuant to the provisions of Sections 9-604 and 9-610 of the Uniform Commercial Code (Sections 75-9-604 and 75-9-610 of the Mississippi Code), all of Borrower's right, title and interest in the following described personal property that may be located upon the Premises and/or may exist in association with Borrower's use and enjoyment of the Premises, the Borrower having granted Beneficiary a security interest in said personal property pursuant to the Deed of Trust and/or other security instruments: PERSONAL PROPERTY Any and all buildings, structures, improvements, fixtures, and appurtenances placed on the Premises, including, without limitation, all apparatus and equipment, whether or not physically affixed to the land or any building, which is used to provide or supply air cooling, air conditioning, heat, gas, water, light, power, refrigeration, ventilation, laundry, drying, dish washing, garbage disposal, or other services; and all elevators, escalators, and related machinery and equipment, fire prevention und extinguishing apparatus, security and access control apparatus, partitions, ducts, compressors, plumbing, ovens, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains, curtain rods, mirrors, cabinets, paneling, rugs, attached floor coverings, furniture, pictures, antennas, pools, spas, pool and spa operation and maintenance equipment and apparatus, and trees and plants located on the Premises, including replacements and additions (collectively, the "Improvements"); and, All of the right, title and interest of Borrower in and to all tangible and intangible personal property, including, but not limited to, all water rights of whatever kind or character, surface or underground, appropriative, decreed, or vested, that are appurtenant to the Premises or otherwise used or useful in connection with the Premises (to the extent they may constitute personal property), all equipment, inventory, goods, consumer goods, accounts, chattel paper, instruments, money, general intangibles, letter-of-credit rights, deposit accounts, investment property, documents, minerals, crops and timber (as those terms are defined in the Uniform Commercial Code) that are located on, attached to, installed, placed, used on, in connection with, or are required for such attachment, installation, placement, or use on the Premises, the Improvements, fixtures, or on other goods located on the Premises or Improvements, together with all additions, accessions, accessories, amendments, modifications to the Premises or Improvements, extensions, renewals, and enlargements and proceeds of the Premises or Improvements, substitutions for, and income and profits from, the Premises or the Improvements, including but not limited to, all goods, machinery, tools, equipment (including fire sprinklers and alarm systems); vehicle maintenance and repair equipment; office furniture (including tables, chairs, planters, desks, sofas, shelves, lockers, and cabinets); safes, furnishings, appliances (including ice-making machines, refrigerators, fans, waters heaters, and incinerators); rugs carpets, other floor coverings, draperies, drapery rods and brackets, awnings, window shades, venetian blinds, curtains, other window coverings; lamps, chandeliers, other lighting fixtures; office maintenance and other supplies; loan commitments, financing arrangements, bonds, construction contracts, leases, tenants' security deposits, licenses, permits, sales contracts, option contracts, lease contracts, insurance policies, proceeds from policies, plans, specifications, surveys, books, records, funds, bank deposits; and all other intangible personal property; and any other portion or items of the Premises that constitutes personal property under the Uniform Commercial Code; and, All right, title, and interest of Borrower in and to all materials, supplies, equipment, apparatus, and other items attached to, installed on or in the Premises or the Improvements, or that in some fashion are deemed to be fixtures to the Premises or Improvements under the laws of the state of Mississippi; and, Any and all leases, subleases, licenses, concessions, or other agreements (written or verbal) that grant a possessory interest in and to, or the right to extract, mine, reside in, sell, or use the Premises, and all other agreements, including but not limited to utility contracts, maintenance agreements, and service contracts that in any way relate to the use, occupancy, operation, maintenance, enjoyment, or ownership of the Premises; and, All rents, issues, revenues, income, proceeds, royalties, profits, license fees, prepaid municipal and utility fees, bonds, and other benefits to which Borrower may be entitled from or which are derived from the Premises; and, All right, title, and interest (including any claim or demand or demand in law or equity) that Borrower has in or to such Premises; all easements, rights, privileges, tenements, hereditaments, and appurtenances belonging or in any way appertaining to the Premises; all of the estate, right, title, interest, claim, demand, reversion, or remainder of Borrower in or to the Premises, either at law or in equity, in possession or expectancy; all development rights or credits and air rights; all water and water rights (whether or not appurtenant to the Premises) and shares of stock pertaining to such water or water rights, ownership of which affects the Premises; all minerals, oil, gas, and other hydrocarbon substances and rights thereto in, on, under, or upon the Premises and all royalties and profits from any such rights or shares of stock; all right, title, and interest of Borrower in and to any streets, ways, alleys, strips, or gores of land adjoining the Premises or any part of it that Borrower owns all adjacent lands within enclosures or occupied by buildings partly situated on the Premises; and, All intangible Premises and rights relating to the Premises or its operation or used in connection with it, including, without limitation, permits, licenses, plans, specifications, construction contracts, subcontracts, bids, deposits for utility services, installations, refunds due Borrower, trade names, trademarks, and service marks; and, All of the right, title, and interest of Borrower in and to the land lying in the bed of any street, road, highway, or avenue in front of or adjoining the Premises; and, Any and all awards previously made or later to be made by any governmental authority to the Borrower that may be made with respect to the Premises as a result of the exercise of the right of eminent domain, the alteration of the grade of any street, or any other injury to or decrease of value of the Premises; and, All deposits of Borrower with any governmental authority and/or public utility company that relate to the ownership of the Premises; and, All leases of the Premises or any part of it and all right, title, and interest of Borrower under such leases, including cash or securities deposited by the tenants to secure performance of their obligations under such leases (whether such cash or securities are to be held until the expiration of the terms of such leases or applied to one or more of the installments of rent coming due immediately before the expiration of such terms), all rights to all insurance proceeds and unearned insurance premiums arising from or relating to the Premises, all other rights and easements of Borrower existing pertaining to the use and enjoyment of the Premises, and all right, title, and interest of Borrower in and to all declarations of covenants, conditions, and restrictions as may affect or otherwise relate to the Premises; and, All plans and specifications for the Improvements; all contracts and subcontracts relating to the Improvements; all deposits (including tenants' security deposits), funds, accounts, contract rights, instruments, documents, general intangibles, and notes or chattel paper arising from or in connection with the Premises; all permits, licenses, certificates, and other rights and privileges obtained in connection with the Premises; all soils reports, engineering reports, land planning maps, drawings, construction contracts, notes, drafts, documents, engineering and architectural drawings, letters of credit, bonds, surety bonds, any other intangible rights relating to the Premises and Improvements, surveys, and other reports, exhibits, or plans used or to be used in connection with the construction, planning, operation, or maintenance of the Premises and Improvements and all amendments and modifications; all proceeds arising from or by virtue of the sale, lease, grant of option, or other disposition of all or any part of the Premises; and all proceeds (including premium refunds) payable or to be payable under each insurance policy relating to the Premises; and, All trade names, trademarks, symbols, service marks, and goodwill associated with the Premises and any and all state and federal applications and registrations used in connection with the use or operation of the Premises; and, All tax refunds, bills, notes, inventories, accounts and charges receivable, credits, claims, securities, and documents of all kinds, and all instruments, contract rights, general intangibles, bonds and deposits, and all proceeds and products of the Premises; and, All accounts, contract rights, chattel paper, documents, instruments, books, records, claims against third parties, money, securities, drafts, notes, proceeds, and other items relating to the Premises; and, All construction, supply, engineering, and architectural contracts executed by Borrower for the construction of the Improvements; and All proceeds of any of the foregoing. The foregoing real and personal property (collectively, the "Property") shall be sold together on an "As Is, Where Is" basis without warranty or recourse, express or implied, as to title, possession, use and/or enjoyment, and subject to the following: Any unpaid taxes against the Property;Any recorded easements, conditions, covenants, rights-of-way or subdivision plats affecting the Property; Any dedication of roads affecting the Property and any governmental zoning and subdivision ordinances or regulations in effect; and, Any prior or superior liens, judgments, deeds of trust, or other interests of record and/or existing as a matter of law regarding the Property. I shall convey only such title as is vested in me as Substituted Trustee. WITNESS MY SIGNATURE on this the 28th day of May, 2026. /s/ Alan Lee Smith ALAN LEE SMITH, acting solely in my capacity as Substituted Trustee Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. Attn: Alan Lee Smith, Esq. P.O. Box 14167 Jackson, Mississippi 39236 (601) 351-8932 Real Property Physical Address: Addison Place Apartments 3175 Robinson Road Jackson, Mississippi 39209 Publication Dates: June 3, 2026; June 10, 2026; June 17, 2026; and June 24, 2026 June 3, 10, 17, 24 2026 LMSS0528984