NOTICE OF SALE OF REAL ESTATE
WHEREAS, on May 6, 2008, by Deed of Trust in the Register’s Office of Lewis County, Tennessee, in Record Book 103, Page 127, JIMMY D. MCCANN and JANET MCCANN, husband and wife, conveyed to T. Mike Estes, Trustee, the hereinafter described real estate to secure the payment of promissory note of even date therewith payable to the order of FARM CREDIT SERVICES OF MID-AMERICA, FLCA, in the original principal amount of THIRTY-SEVEN THOUSAND SIX HUNDRED SEVENTY-FIVE AND 61/100 DOLLARS ($37,675.61); and
WHEREAS, the undersigned was appointed Substitute Trustee by Appointment of Substitute Trustee dated August 14, 2013, of record in Record Book 149, Page 877, in the Register’s Office of Lewis County, Tennessee;
WHEREAS, default has been made in the payment of said indebtedness and other provisions of the Deed of Trust have been violated, and , the holder of the said indebtedness, has declared the entire amount of the note due and payable as provided in said Deed of Trust and the Substitute Trustee has been directed to foreclose the Deed of Trust in accordance with the terms thereof, the public is hereby notified that the Substitute Trustee or its designated agent will sell the hereinafter described real estate at Public Auction, to the highest and best bidder, for cash in hand, at the Lewis County Courthouse located at 110 North Park Street in Hohenwald, Tennessee Hohenwald, Tennessee, at the hour of 10:00 A.M., Uniform Standard Time, on April 28, 2016; said property to be sold in bar of the right of redemption and subject to the lien of all special assessments against the property. The street address of the property is 235 Henderson Road, Hohenwald, TN 38462, and is more particularly described as follows:
BEING AND LYING in the Third Civil District of Lewis County, Tennessee, and being more particularly described as follows:
BEING the west one-half (½) of Lot No. Seven (7), Section Twelve (12) Township of New Switzerland, as shown on plat in the Register’s Office of Lewis County, Tennessee, in Deed Book J, Page 476, and more particularly described as follows:
BEGINNING at an iron stake, the same being the northwest corner of Lot No. 7, Section No. 12; and runs thence with the north boundary line of said lot, South 87-1/2 degrees East 40 poles to an iron stake, the northwest corner of the realty now owned by James Henderson et ux, which property was conveyed to them by deed of Alice Ave Henderson, a widow, dated the 1st day of January, 1957, of record in the Register’s Office of Lewis County, Tennessee, in Deed Book PP, Page 351, to which reference is here made; and runs thence with the west boundary line of the said James Henderson property, South 2-1/2 degrees West 80 poles to a stake in the South boundary line of said Lot No. 7, Section No. 12, the same being the southwest corner of said James Henderson property; thence with the south boundary line of said Lot No. 7, Section No. 12, North 87-1/2 degrees West 40 poles to an iron stake, the southwest corner of Lot No. 7, also the southeast corner of Lot No. 6 and the northeast corner of Lot No. 11, and the northwest corner of Lot No. 10 of said Section No. 12; thence with the west boundary line of Lot No. 7 and the east boundary line of Lot No. 6, North 2-1/2 degrees East 80 poles to the point of beginning, said point being the northeast corner of Lot No. 6, the southeast corner of Lot No. 3, the southwest corner of Lot No. 2, and the northwest corner of Lot No. 7, of said Section No. 12, containing 20 acres.
But there is included in the above description, but expressly excluded from this conveyance and not conveyed hereby, that part of the original tract which lies on the north side of the Irvin Henderson Road, containing 6 acres, more or less, and which was conveyed to Irvin Henderson et ux by deed of D.D. Humphreys, Jr. , et ux, which is of record in Deed Book UU, Page 541, Register’s Office of Lewis County, Tennessee, to which reference is here made for a full and complete description by metes and bounds of said exclusion.
Being the same property conveyed to Jimmy D. McCann and wife, Janet McCann by deed from Richard Tate and wife, Kathy Tate, dated January 4, 1985, of record in Warranty Deed Book A-29, Page 742, in the Register’s Office of Lewis County, Tennessee. Also being the same property title to which vested in Janet McCann upon the death of her husband, Jimmy D. McCann, by reason of their tenancy by the entirety.
This property is subject to the right-of-way for Henderson Road (a/k/a Irvin Henderson Road) and Blake Drive.
This conveyance is subject to a Right of Way Agreement in favor of Gulf Interstate Gas Company, dated December 2, 1953, and of record in Deed Book NN, Page 290, in the Register’s Office of Lewis County, Tennessee.
This conveyance is subject to a Sewer Line Easement in favor of the City of Hohenwald, dated July 22, 1970, and of record in Book A-1, Page 290, in the Register’s Office of Lewis County, Tennessee.
This conveyance is subject to City Utility Easement(s) in favor of the City of Hohenwald of record in Book A66, Page 537; Book A70, Page 622; and Book A70, Page 625, all in the Register’s Office of Lewis County, Tennessee.
OTHER INTERESTED PARTIES: NONE
This is an attempt to collect a debt, and any information obtained will be used for that purpose.
Said sale will be subject to all unpaid taxes, and governmental zoning and subdivision ordinances in effect on the day of sale, and to any restrictions, easements and other encumbrances of record, and other superior matters of record which may affect said property; as well as any prior liens or encumbrances as well as priority created by a fixture filing; and/or any matter that an accurate survey of the premises might disclose.
Said Deed of Trust recites title as unencumbered, except as noted herein, but sale will be made as Substitute Trustee only, without covenants of seizin or warranties of title.
The sale will be conducted subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the Deed of Trust.
The right is reserved to adjourn the day of the sale to another day, time and place certain without further publication, upon announcement at the time and place for the sale set forth above.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided in said Deed of Trust. Announcement made on the day of the sale will supersede the terms and provisions of any printed announcement of sale.
This 17th day of March, 2016.
& BARRETT, PLC
By: /s/R. Eric Thornton
10200 Ramsey Way
Dickson, TN 37055