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 executed on February 16, 2006, of record in Book TD398, Page 118, Register’s Office for Macon County, Tennessee, by Jason a/k/a Jeremiah Presley and Conchita Presley, conveying the property therein described to Ernest B. Williams, Trustee, to secure said indebtedness therein described to The CIT Group/Consumer Finance, Inc. Said Deed of Trust having since been assigned to Vanderbilt Mortgage and Finance, Inc., of record in TD502, Page 8, Register’s Office for Macon County, Tennessee. Vanderbilt Mortgage and Finance, Inc. executed an Appointment of Substitute Trustee, naming R.N. “BO” TAYLOR as Substitute Trustee, which is of record in Book TD503, Page 181, Register’s Office for Macon County, Tennessee.
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
April 16, 2014
at 11:00 A.M. at the front door of the Macon County Courthouse in Lafayette, 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 Macon County, Tennessee, described as follows:
A certain tract of land located in the 11th Civil District of Macon County, Tennessee, more particularly described as follows:
UNLESS state otherwise, monument referred to herein as an iron pin set is a set 5/8” in rebar, 18’ in length with a plastic cap stamped “K. Crowe #1979”. All bearings stated herein are referred to magnetic north as observed 03-21-2002.
BEGINNING at an iron pin found on the north right-of-way of Shrum Cemetery Road said point lies 15’ north of centerline and also being the southwest comer of the Hoskins property as recorded in Deed Book 214, Page 136, Register’s Office Macon County, Tennessee; thence, S 13 degrees 02’ 44” W, 29.66’ to an iron pin set on the south right-of-way of Shrum Cemetery Road said point lies 15’ south of centerline; thence, severing the Scruggs heirs property as recorded in Deed Book 43, Page 460, Register’s Office, Macon County, TN and with the line of tract this survey S 12 degrees 51’ 23” W, a distance of 329.41’ to an iron pin set. Thence, N 77 degrees 08’ 37” W, a distance of 398.57’ to an iron pin set in the cast line of the Goolsby property as recorded in Deed Book 74, Page 172, Register’s Office Macon County, TN. Thence with said Goolsby property N 12 degrees 51’ 23” E, a distance of 371.77 to on iron pin set on the south right-of-way of Shrum Cemetery Road said pin lies 15’ south of centerline. Thence, N 13 degrees 07 ‘45” E, 30.04’ to an iron pin set on the north right-of-way of Shrum Cemetery Road. Thence, with the east line of the Reid property as recorded in Deed Book 207, Page 105, Register’s Office, Macon County, TN N 9 degrees 08’ 14” E, a distance of 727.17’ to a 16” beech with 3 hacks. Thence, S 17 degrees 15’ 33” E, a distance of 888.29’ to the point of beginning; said described tract containing 6.786 total acres, more or less, minus 0.27 acres for right-of-way of Shrum Cemetery Road, according to a survey performed by Kevin David Crowe, PLS# 1979 on 03-21 -2002.
BEING the same property conveyed to Jeremiah Presley and wife, Conchita Presley, by Quitclaim Deed, from Ruth Slayton, Timmy Patterson, Sue Brawn er, Hope Thompson, Jeremiah Presley, and L. B. Scruggs, dated June 6, 2002 and recorded August 28, 2002, of record in Book WD248, Page 13, Register’s Office for Macon County, Tennessee.
SUBJECT to any and all existing restrictions and easements of record.
Tax Parcel Identification Number: 036-021.02
The Property address is believed to be 2282 Shrum Cemetery Road Westmoreland, TN 37186. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.
This property includes a 2002 CMH Mobile Home, Serial No. CLH027862TNAB 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 in compliance with 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 Macon 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 Substitute 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 1st day of March, 2014.
R.N. “Bo” Taylor, Substitute Trustee
Attorney at Law
305 Fourteenth Avenue, North Nashville, Tennessee 37203-3416 (615) 859-0060
OTHER INTERESTED PARTIES:
Dates of Publication:
March 4, 2014
March 11, 2014
March 18, 2014
SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE