This Instrument Prepared By: Bone McAllester Norton PLLC Nashville City Center, 16th Floor 511 Union Street, Suite 1600 Nashville, Tennessee 37219 FORECLOSURE SALE NOTICE WHEREAS, Wesley Davis and Judy F. Davis, husband and wife, executed a Deed of Trust dated March 29, 2013 to FMLS, Inc., Trustee, of record in Book 1406, Page 2091, Register's Office for Cumberland County, Tennessee ("Deed of Trust"), to secure certain indebtedness therein described ("Indebtedness"), to which instrument reference is here made for its terms and covenants; and WHEREAS, Sam J. McAllester III, David M. Anthony, C. Tucker Herndon and Gregory G. Vick have been appointed Substitute Trustees by Regions Bank, the owner and holder of said Indebtedness, by an instrument of record in Book 1437, Page 782, Register's Office for Cumberland County, Tennessee, with authority for any one of such Substitute Trustees to act alone or by a designated agent with the powers given the Trustee in the Deed of Trust and by applicable law; and WHEREAS, default in indebtedness secured by said Deed of Trust has been made; and WHEREAS, Regions Bank, 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 the foreclosure, in accordance with the terms and provisions of the loan documents and Deed of Trust. NOW, THEREFORE, notice is hereby given that one of the Substitute Trustees or a designated agent for any one of the Substitute Trustees, pursuant to the power, duty and authority vested in and imposed upon the Trustee in said Deed of Trust and applicable law, will on Thursday, February 19, 2015 at 10:30 o'clock AM, prevailing time, at the front door of the Cumberland County Courthouse, Courthouse Building, Crossville, Cumberland County, Tennessee 38555, 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 and exemptions of every kind as waived in said Deed of Trust, certain real property situated in Crossville, Cumberland County, Tennessee, described as follows: Legal Description: The real property is described in the Deed of Trust of record in Book 1406, Page 2091, Register's Office for Cumberland County, Tennessee. Being the same real property described in the Warranty Deed of Record in Deed Book 225, Page 452, Register's Office for Cumberland County, Tennessee. Street Address: The street address of the property is believed to be 470 Tabor Loop, Crossville, Cumberland County, Tennessee 38571, In the event of any discrepancy, the legal description herein shall control. The following described tract or parcel of land, lying and being in the First Civil District of Cumberland County, Tennessee, bounded and described as follows: BEGINNING at the West corner of the Bill Griffith property and Tabor Loop Road, Thence West 152 feet to an iron stake, Thence South 127 feet to an iron stake, Thence East 137 feet to an iron stake, Thence North with Bill Griffith line 148 feet to the place of beginning. Said tract or parcel of land being a part of the same property conveyed to Bennie Newberry by virtue of a deed dated July 24th, 1979, from Zilvin J. Tabor and wife, Doris Ann Tabor, of record in Deed Book 215, Page 1, Register's office, Cumberland County, Tennessee Subject to restrictions, reservations, easements, covenants, oil, gas or mineral rights of record, if any being the same premises conveyed to Wesley Davis and wife, Judy F. Davis from Bennie Newberry and wife, Lucy Newberry by deed dated 5/20/1980, and recorded on 5/20/1980, at Book 225, Page 452, in Cumberland County, TN. Map/Parcel Number: 062-079.01 THIS PROPERTY IS SOLD AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND SUBJECT TO ANY PRIOR LIENS OR ENCUMBRANCES, IF ANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROPERTY IS SOLD WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO TITLE, MARKETABILITY OF TITLE, POSSESSION, QUIET ENJOINMENT OR THE LIKE AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, QUALITY OR FITNESS FOR A GENERAL OR PARTICULAR USE OR PURPOSE. Other interested parties: None found. As to all or any part of the Property, the right is reserved to (i) delay, continue or adjourn the sale to another time certain or to another day and time certain, without further publication and in accordance with law, upon announcement of said delay, continuance or adjournment on the day and time and place of sale set forth above or any subsequent delayed, continued or adjourned day and time and place of sale; (ii) sell at the time fixed by this Notice or the date and time of the last delay, continuance or adjournment or to give new notice of sale; (iii) sell in such lots, parcels, segments, or separate estates as Substitute Trustee may choose; (iv) sell any part and delay, continue, adjourn, cancel, or postpone the sale of any part of the Property; (v) sell in whole and then sell in parts and consummate the sale in whichever manner produces the highest sale price; (vi)and/or to sell to the next highest bidder in the event any high bidder does not comply with the terms of the sale. 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 property by Trustees Quitclaim Deed as Substitute Trustee only. 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 exist as a lien against 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 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. 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 THAT PURPOSE. THIS 15th day of January, 2015. Sam J. McAllester III, Substitute Trustee BONE MCALLESTER NORTON PLLC 511 Union Street, Suite 1600 Nashville, Tennessee 37219 615-238-6314 Run Dates: January 23, 30, and February 6, 2015.
↧