FORECLOSURE SALE NOTICE
WHEREAS, Debbie J. Elrod and Michael W. Elrod, wife and husband, by a Deed of Trust dated dated September 8, 2006, of record in Book TD408, Page 302, Register’s Office for Macon County, Tennessee (“Deed of Trust”), conveyed to FMLS, Inc., Trustee, the hereinafter described real property to secure the payment of certain indebtedness, etc., (“Indebtedness”) as described in said Deed of Trust; and
WHEREAS, Sam J. McAllester III, David M. Anthony, C. Tucker Herndon and Gregory G. Vick have been appointed Substitute Trustees by Regions Bank, successor by merger to AmSouth Bank, the owner and holder of said Indebtedness, by an instrument of record in Book TD529, Page 404, Register’s Office for Macon 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, successor by merger to AmSouth 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 Wednesday, October 22, 2014 at 2 o’clock p.m., prevailing time at the front door of the Macon County Courthouse, Public Square, Lafayette, Macon County, Tennessee 37083, 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 Shelby County, Tennessee, described as follows:
Legal Description: The real property is described in the Deed of Trust of record in Book TD 408, Page 302, Register’s Office for Macon County, Tennessee. Being the same real property described in the Deed of record in Book 188, Page 438, Register’s Office for Macon County, Tennessee.
Street Address: The street address of the property is believed to be 2676 Oak Grove Road, Red Boling Springs, Macon County, Tennessee 37150, but such address is not part of the legal description of the property. In the event of any discrepancy, the legal description herein shall control.
The following described real estate, situated and being in Macon County, Tennessee:
Land in Macon County, Tennessee, and described as follows:
BEGINNING at an iron pin in the west margin of Oak Grove Road, being the southeast corner of this tract, a corner to the remaining property of J. W. Kemp and North 23 deg. 50 East 473.03 feet from the northeast corner of Tommy Kernel1 at Oak Grove Road; thence with the remaining property of J. W. Kemp North 67 deg. 17′ 10″ West 204.93 .feet to an iron pin; thence North 20 deg. 40′ 11″ East 206.92 feet to an iron pin; thence South 68 deg. 41’ East 212.59 feet to an iron pin at the west margin of Oak Grove Road; thence with the west margin of Oak Grove Road South 22 deg. 46’ 20″ West 211.97 feet to the point of beginning, containing 1.00 acres, more or less, as surveyed by Holland Land Surveying.
Being the same property conveyed to Michael W. Elrod and Debbie J. Elrod from Goldome Credit Corporation by Tennessee Special Warranty Deed recorded on 09/01/1993 at Book 188, Page 438, in the Records of the Register of Deeds for Macon County, Tennessee.
Map/Parcel Number: 064-016.02
THIS PROPERTY IS SOLD AS IS, WHERE IS AND WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
Other interested parties: None known.
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 Trustee’s 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 23rd day of September, 2014.
Sam J. McAllester III, Substitute Trustee
BONE MCALLESTER NORTON PLLC
511 Union Street, Suite 1600
Nashville, Tennessee 37219