Serving Hohenwald, Lewis County Tennessee Since 1898
NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated February 26, 1999, executed by HAROLD E. ASHWORTH, ELEANETTE ASHWORTH, conveying certain real property therein described to WILLIAM C. FORD, as Trustee, as same appears of record in the Register’s Office of Lewis County, Tennessee recorded March 5, 1999, in Deed Book 109, Page 166 ; and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to U.S. Bank National Association, as Trustee, for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1999-3 who is now the owner of said debt; and
WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Lewis County, Tennessee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on October 7, 2021 at 1:00 PM at the Front Steps of the Lewis County Courthouse, Hohenwald, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Lewis County, Tennessee, to wit:
CERTAIN REAL ESTATE IN THE THIRD (3RD) CIVIL DISTRICT OF LEWIS COUNTY, TENNESSEE, DESCRIBED AS FOLLOWS:
BEING AND LYING IN THE THIRD (3RD) CIVIL DISTRICT OF LEWIS COUNTY, TENNESSEE, WEST OF AND ADJACENT TO LONNIE MERCER ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN IN THE WEST R.O.W. OF LONNIE MERCER ROAD, SAID IRON PIN BEING THE SE CORNER OF THE TRACT BEING DESCRIBED, IN THE REMAINING PROPERTY OF GENE AND KENNETH MERCER AS RECORDED IN DEED BOOK A-42, PAGE 740, ROLCT, AND NORTH 0 DEGREES, 47 MINUTES, 38 SECONDS EAST 50.41 FEET, NORTH 0 DEGREES, 13 MINUTES, 31 SECONDS EAST 236.42 FEET FROM THE NE CORNER OF JERRY TIBBS AS RECORDED IN DEED BOOK A-67, PAGE 453, ROLCT; THENCE WITH THE NEW DIVISION LINE OF MERCER SOUTH 83 DEGREES, 26 MINUTES, 24 SECONDS WEST 190.00 FEET TO AN IRON PIN, NORTH 15 DEGREES, 50 MINUTES, 58 SECONDS WEST 108.08 FEET TO AN 8” WHITE OAK IN A HOLLOW, NORTH 11 DEGREES, 12 MINUTES, 27 SECONDS EAST 89.07 FEET TO A 4” GUM IN A HOLLOW, NORTH 5 DEGREES, 13 MINUTES, 34 SECONDS WEST 80.54 FEET TO AN IRON PIN IN THE INTERSECTION OF THREE HOLLOWS, NORTH 84 DEGREES, 10 MINUTES, 05 SECONDS EAST 181.59 FEET TO A POINT IN A DITCH AND IN THE WEST R.O.W. OF SAID ROAD, SAID POINT BEING SOUTH 84 DEGREES, 10 MINUTES, 05 SECONDS WEST 2.97 FEET FROM AN 18” CHESTNUT OAK; THENCE WITH SAID R.O.W. SOUTH 12 DEGREES, 56 MINUTES, 32 SECONDS EAST 40.88 FEET, SOUTH 8 DEGREES, 21 MINUTES, 53 SECONDS EAST 129.84 FEET TO AN IRON PIN, SOUTH 0 DEGREES, 13 MINUTES, 31 SECONDS WEST 100.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.24 ACRES. SURVEY AND DESCRIPTION BY KENNETH CARROLL, REGISTERED LAND SURVEYOR, 45 SOUTH MAPLE STREET, HOHENWALD, TENNESSEE, TENNESSEE LICENSE NO. 1335, DATED SEPTEMBER, 1995.
ATTACHED HERETO AND CONVEYED HEREWITH IS A 1999 LAKESHORE MOBILE HOME, BEARING SERIAL/VIN NO. CS2002375TN-AB.
Parcel ID: 037-007.11
PROPERTY ADDRESS: The street address of the property is believed to be 143 MERCER RD, HOHENWALD, TN 38462. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.
CURRENT OWNER(S): HAROLD E. ASHWORTH, ELEANETTE ASHWORTH
OTHER INTERESTED PARTIES: CAPITAL ONE BANK
The sale of the above-described property shall be subject to all matters shown on any recorded plat; 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 to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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. 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 Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Rubin Lublin TN, PLLC,
Substitute Trustee
119 S. Main Street, Suite 500
Memphis, TN 38103
rlselaw.com/property-listing
Tel: (877) 813-0992
Fax: (470) 508-9401
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SUBSTITUTE TRUSTEE’S SALE
Default having been made in the terms, conditions, provisions and payments made and provided for in a Deed of Trust dated September 6, 2019, executed by Melanie Dawn Tucker, to W. Andrew Yarbrough of Waynesboro, Tennessee, Trustee, and recorded in Book 207, Page 581 in the Register’s Office for Lewis County, Tennessee, to secure the indebtedness therein described to Peoples Bank, and the entire indebtedness having been called due and payable as provided in said deed of trust, and said payment not having been made, and the lawful owner and holder of said indebtedness having appointed the undersigned, David G. Mangum, as substitute trustee by written instrument dated September 13, 2021, recorded in Book 236, Page 96 in the above mentioned Register’s Office, notice is hereby given that I, the undersigned substitute trustee, or my designated agent, under the power and authority vested in me by said deed of trust, and having been requested to do so by the lawful owner and holder of said debt, will on Thursday, October 7, 2021 at 3:45 pm at the main entrance of the Lewis County Courthouse in Hohenwald, Tennessee, sell at public outcry to the highest and best bidder for cash, free from the equity of redemption, homestead and dower, and all other exemptions and rights of every kind, all of which are expressly waived in said deed of trust, the following described tract or parcel of land more particularly described as follows, to-wit:
Lying and being situated in the Third Civil District of Lewis County, Tennessee, south of an adjacent to a 50-foot width right-of-way and being more particularly described as follows:
Being Lot No. Seven (7) on the unrecorded Plan of Twin Oaks Subdivision and being more particularly described as follows:
Beginning at an iron pin found, said iron pin being the northwest corner of Scott Burlison (DB A-74, page 604, ROLCT) and being the northeast corner of Michael Allen et ux (DB A-89, page 138, ROLCT); thence leaving Burleson with Allen, north 71-30-23 west 38.72 feet to an iron pin, said iron pin being the true point of beginning of the tract being described and being the southeast corner of the tract being described; thence continuing with Allen, north 71-30-23 west 192.11 feet to an iron pin set, said iron pin being in the remaining property of Larry Hinson (DB A-57, page 273, ROLCT), and being the southwest corner of the tract being described; thence leaving Allen with a new Hinson division line, north 06-26-28 west 223.21 feet to an iron pin set in the south right-of-way of a 50-foot in width right-of-way, said iron pin being the northeast corner of the tract being described; thence with said right-of-way, north 87-29-22 east 83.10 feet, north 83-55-33 east 36.90 feet to an iron pin set, said iron pin being in the remaining property of Larry Hinson and being the northeast corner of the tract being described; thence leaving said south right-of-way with a new Hinson division line, south 06-26-01 east 272.97 feet to the point of beginning containing 0.68 acre as surveyed by Kenneth Carroll, RLS No. 1335, dated April 2000.
Also conveyed herein is the 2003 Horton mobile home, serial No.: H178942GLTR which is permanently affixed to the land and is being sold as an improvement thereto.
Subject to any and all restrictions, conditions, easements, setback lines, plat of record and encumbrances of record in the Register’s Office for said County.
This description was taken from the prior deed of trust of record in Book 207, Page 581 in the Register’s Office for Lewis County, Tennessee.
DEED REFERENCE
Title to the above-described property conveyed to Scott Tucker and wife, Melanie Tucker by deed from Vanderbilt Mortgage and Finance, Inc. dated November 2, 2009 of record in Book 118, Page 14, Register’s Office of Lewis County, Tennessee.
Based upon information and belief, Scott Tucker is deceased. Scott Tucker, a/k/a Anthony Scott Tucker, is believed to have passed away on or about April 13, 2017.
Property Address: 122 Maplewood Drive, Hohenwald, TN 38462
Map/Parcel: 025O-A-009.04
This sale is subject to any and all unpaid real estate taxes; restrictive covenants, easements and setback lines; any and all redemption rights, including rights of redemption of any governmental agency, State or Federal, and any and all prior liens or encumbrances against said real property. Said sale is further subject to matters that an accurate survey of the property might disclose.
The property sold pursuant to this notice shall be sold “AS IS” and neither the Substitute Trustee nor the beneficiary of the Deed of Trust, nor any agent or attorney therefore, makes or shall make any warranty, whether express or implied, as to the condition, quality or quantity thereof, including, but not limited to, the enforceability of any lease affecting the property, the existence or absence of defaults under or the effect or this sale upon the rights of any party under such lease. The Substitute Trustee shall make no warranty of title, express or implied, and will sell and convey the subject real property by Substitute Trustee’s Deed only.
The substitute trustee may adjourn or postpone the aforementioned sale of real property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. If applicable, the Notice requirements of T.C.A. § 35-5-117 have been met.
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 for in said deed of trust.
Terms of sale: Cash
Substitute Trustee: David G. Mangum
Substitute Trustee
2303 8th Avenue South
Nashville, TN 37204
(615) 255-8690
File #75729
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