Substitute Trustee Sale

SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE

 

DEFAULT having occurred in the performing terms of a promissory note described and secured by a Deed of Trust of record in Record Book 87, Page 224, Register’s Office for Lewis County, Tennessee; and executed on the 12th day of February, 2007, by William F. Ball and wife, Pamela J. Ball, conveying the property therein described to Anthony R. Steele,  Trustee, to secure said indebtedness therein described to Vanderbilt Mortgage and Finance, Inc., a third party.  Vanderbilt Mortgage and Finance, Inc. executed an Appointment of Substitute Trustee, naming R.N. “BO” TAYLOR as Substitute Trustee, which  is of record in Record Book 113, Page 310, in said Register’s Office.

And DEFAULT having been made in the promising terms of said Deed of Trust, which contains the power to sell upon default, the owner and holder, in accordance with the terms of said Deed of Trust, hereby declares the entire debt due and payable and demands that the said R.N. “BO” TAYLOR, Substitute Trustee, sell the property in accordance with said Deed of Trust.

THEREFORE, notice is hereby given that I, R.N. “BO” TAYLOR, SUBSTITUTE TRUSTEE, by virtue of the power and authority vested in me by said Deed of Trust, will on May 21, 2009 at 1:00 p.m. at the front door of the Courthouse in Hohenwald, Lewis County, Tennessee, sell at public outcry to the highest bidder for cash, and free from the equity of redemption, homestead, dower and all other exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following land in Lewis County, Tennessee, described as follows:

Being a tract of land lying in the 3rd Civil District of Lewis County, Tennessee.  Said tract further described as being the property conveyed to William F. and Pamela J. Ball in Book 10, Page 479, Register’s Office of Lewis County, Tennessee.

Beginning at a point lying in the centerline of Darbytown Road at the Southwest corner of the Joseph T. Whitaker property in Book A80, Page 477, Register’s Office of Lewis County, Tennessee; thence leaving the said Whitaker property and running with the said centerline of Darbytown Road as follows: North 28 degrees 31’ 46” W a distance of 164.91 feet to a point; thence N 35 degrees 57’ 16” W a distance of 65.08 feet to a point; thence N 42 degrees 22’ 47” W a distance of 80.41 feet to a point; thence N 48 degrees 04’ 58” W a distance of 94.96 feet to a point lying at the Southeast corner of the William F. Ball property as of record in Book 17, Page 351, Register’s Office of Lewis County, Tennessee; thence leaving the said centerline of Darbytown Road and running with the Easterly line of the said Ball property N 8 degrees 00’ 08” E a distance of 471.34 feet to an iron rod lying on the Southerly line of Whitaker as follows: South 82 degrees 40 minutes 16 seconds East a distance of 288.71 feet to a 12” white oak tree; thence South 81 degrees 58 minutes 14 seconds East a distance of 125.57 feet to an existing iron rod lying on the Westerly line of the said Whitaker property; thence running with the said Whitaker’s Westerly line South 17 degrees 44 minutes 41 seconds West a distance of 769.25 feet to the point of beginning.  As surveyed by James L. Terry & Co. 2812 Branwood Drive, Nashville, TN 37214.

This being the same property conveyed to William F. Ball and wife, Pamela J. Ball, by Warranty Deed dated 03/22/2001 from Karl A Feagin and wife, Carmen M. Feagin of record in Record Book 10, Page 479, Register’s Office for Lewis County, Tennessee.

The physical address of this property is believed to be 1242 Darbytown Road, Hohenwald, Tennessee 38462 but this address is not a part of the legal description of the property.

This property includes a 2007 CMH mobile home, Serial No. DSEAL18152AB, which was purchased under an installment contract-security agreement which evidences the deed of trust and which will stay with the land.  The sale of this property is pursuant to Section 9-604 of the Uniform Commercial Code and Tennessee Code Annotated 47-9-604.

The sale of the above-described property shall be subject to all matters shown on any recorded plan; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and any matter that an accurate survey of the premises might disclose.  Said sale will be in bar of the right and equity of redemption, homestead and dower, but subject to all tax and prior liens of record in the Register’s Office for Lewis  County, Tennessee, which are applicable to this property and unpaid real estate taxes, if any.

All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.

The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time.  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.

THIS IS AN ATTEMPT TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.  

Dated, this 27th day of April, 2009.

R.N. “Bo” Taylor, Substitute Trustee Attorney at Law

305 Fourteenth Avenue, North         

Nashville, Tennessee 37203-3416                  

(615) 859-0060

SUBORDINATE LIENHOLDERS:  N/A

OTHER INTERESTED PARTIES:  N/A

17/3tc

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