NOTICE OF FORECLOSURE SALE
STATE OF TENNESSEE, MACON COUNTY
WHEREAS, Kenneth G. Daniels and Tammye K. Daniels a/k/a Tammye Kay Daniels executed a Deed of Trust to Mortgage Electronic Registration Systems, Inc. as nominee for Calusa Investments, LLC, Lender and Angela Ford, Trustee(s), which was dated September 15, 2005 and recorded on September 30, 2005, dated September 15, 2005 and recorded on September 30, 2005 in Book TD387, Page 113, Macon County, Tennessee Register of Deeds.
WHEREAS, default having been made in the payment of the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the current holder of said Deed of Trust, U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, (the “Holder”), appointed the undersigned, Brock & Scott, PLLC, as Substitute Trustee, by an instrument duly recorded in the Office of the Register of Deeds of Macon County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and that as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on October 28, 2014, at 12:00PM at the usual and customary location at the Macon County Courthouse, Lafayette, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Macon County, Tennessee, to wit:
The following described real estate, located in the 11th Civil District of Macon County, Tennessee, and more particularly described as follows, to-wit:
Lying and being in the 11th Civil District of Macon County, Tennessee, situated on the North side of Old Highway 52 approximately 325.0 feet West of the intersection of Curtis Lane in the Siloam Community, being described as follows:
Beginning on a half inch iron re-bar on the North right-of-way of Old Highway 52, being set 25 feet from the center of said highway, new corner of Kay Troutt (remaining portion of Tract 3 of D.B. 169 P.333) and being the Southwest corner of the herein described tract, said beginning corner being further located S 84 degrees 13 minutes 36 seconds E 144.38 feet from a half inch iron pipe found, the common corner of Kay Troutt (Tract 5 3 of D.B. 169 P. 333) and William J. Anderson (D.B. 131 P. 74), thence severing the land of Kay Troutt (remaining portion of Tract 3 of D.B. 169 P.333) for the next two calls as follows: N 5 degrees 20 minutes 35 seconds E 414.61 feet to a half inch iron re-bar set, thence N 87 degrees 49 minutes 22 seconds E 311.23 feet to a half inch iron re-bar set in the boundary line of Kay Troutt (Tract 4 of D.B. 169, P.333), new corner of Kay Troutt (remaining portion of Tract 3 of D.B. 169 P. 333) thence running with Kay Troutt (Tract 4 of D.B. 169 P. 333) and Kay Troutt (Tract 2 of D.B. 160 P. 20) S 5 degrees 20 minutes 35 seconds W 425.00 feet (passing through a half inch iron re-bar set at 194.00 feet, corner of Kay Troutt, (Tract 4 of D.B. 169 P. 333), and Kay Trout, (Tract 2 of D.B. 160 P.20) to a half inch re-bar set on the North right-of-way of Old Highway 52 being set 25.0 feet from the center of said highway, corner of Kay Troutt (Tract 2 of D.B. 160 P. 20), said corner being further located 325.0 feet West of the centerline intersection of Curtis Drive, thence running with the North right-of-way of Old Highway 52 for the next three calls as follows: S 86 degrees 53 minutes 38 seconds 2 173.12 feet to the beginning of a curve to the Right, having a delta of 8 degrees 53 minutes 38 seconds, a radius of 496.77 feet, a tangent of 38.63 feet, a chord of N 88 degrees 39 minutes 33 seconds W 77.04 feet, along an arc length of 77.11 feet to a point, thence N 84 degrees 12 minutes 44 seconds W 60.47 feet to the beginning, containing 3.01 acres. Survey by Richard D. Graves, TN #1628, dated 7/2/96. Magnetic bearings indicated and area calculated by the time D.M.D. method.
Being the same property conveyed to Kenneth G. Daniels and wife, Tammye Kay Daniels by deed from Kay Troutt recorded 07/22/2002 in Deed Book 247 Page 150, in the Register’s Office of Macon County, Tennessee.
Tax ID# 35-35
Parcel ID Number: 035 035.00
Address/Description: 10720 Old Highway 52, Westmoreland, TN 37186.
Current Owner(s): Kenneth G. Daniels and Tammye Kay Daniels.
Other Interested Party(ies): HSBC Mortgage Services Inc.; Tennessee Department of Labor & Workforce Development; and Discover Bank.
The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property 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; a deed of trust; and any matter than an accurate survey of the premises might disclose; and
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 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 office is attempting to collect a debt. Any information obtained will be used for that purpose.
Brock & Scott, PLLC, Substitute Trustee
c/o Tennessee Foreclosure Department
277 Mallory Station Road
Franklin, TN 37067
PH: 615-550-7697 FX: 615-550-8484
File No.: 14-17216