SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on February 17, 2015 at 10:00AM local time, at the south door, Macon County Courthouse, 904 HWY. 52 Bypass East, Lafayette, Tennessee pursuant to Deed of Trust executed by Jeremy H. Biddle, a married man and Maria Ellen Biddle, a married woman f/k/a Maria H. Farjardo, to Jonathan R. Vinson, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for F&M Bank on June 2, 2011 at Book TD485, Page 324, Instrument No. 11001284; corrected by Scrivener's Error on 6/17/2011 at Book TD486, Page 45; conducted by Shapiro & Kirsch, LLP having been appointed Substitute or Successor Trustee, all of record in the Macon County Register's Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable.
Party Entitled to Enforce the Debt: Wells Fargo Bank, NA, its successors and assigns
The following real estate located in Macon County, Tennessee, will be sold to the highest call bidder:
Described property located at Macon County, Tennessee, to wit:
A certain tract or parcel of land in the 8th Civil District of Macon County, Tennessee, is further described as follows, to-wit:
Beginning at an iron rod in the Southeast margin of Peyton's Creek Road, same being the Northwest corner of this tract and the Northern most corner of Steven Paxson; thence with said margin along a curve proceeding clockwise, having deflection angle of 17 deg. 26 min. 01 sec. a radius of 185.60 feel, a tangent length of 28.46 feel, and a chord of North 48 deg. 25 min. 38 sec. East 56.26 feet; thence along said curve an arc length of 56.47 feet; thence North 57 deg. 08 min. 38 sec. East 438.00 feet to a point; same being point of curvature of a curve proceeding clockwise, having a deflection angle of 17 deg. 45 min. 17 sec. a radius of 486.00 feet, a tangent length of 75.91 feet and a chord of North 66 deg. 01 min. 17 sec. East 150.00 feet; thence: along said curve an at length of 150.60 feet; thence North 74 deg. 53 min. 55 sec. East 96.70 feet to a point; the same being point of curvature of a curve proceeding counter-clockwise, having a deflective angle of 17 deg. 07 min. 24 sec. a radius of 207.00 feet, a tangent length of 31.16 feet, and a chord of North 66 deg. 20 min. 13 sec. East 61.63 feet; thence along said curve an arc length of 61.86 feet to an iron rod in said margin; thence leaving road with line of said Tract Number 1 of the Ferrara property South 32 deg. 13 min. 29 sec. East 722.52 feel to an iron rod; thence with line of Clyde Gregory South 61 deg. 21 min. 05 sec. West 240.00 feet to an iron rod at a 16-inch locust tree; thence South 57 deg. 06 min. 29 sec. West 166.61 feet to an iron rod at a 22-inch sycamore tree; thence South 64 deg. 06 min. 01 sec. West 87.47 feet to an iron rod at a large mulberry tree; thence North 62 deg. 26 min. 59 sec. West 103.62 feet to an iron rod at a 10-inch walnut tree; thence North 63 deg. 54 min. 21 sec. West 163.52 feet to an iron rod at a double ash tree; thence North 51 deg. 28 min. 08sec. West 200.00 feet to an iron rod; thence South 5 deg. 29 min. 24 sec. West 173.17 feet to an iron rod at a 14-inch elm tree; thence with line of Gary Ferrara North 84 deg. 36 min. 12 sec, West 197.78 feet to all iron rod; thence with the line of Sieve Paxson North 17 deg. 43 min. 18 sec. East 141.18 feet to an iron rod at a double ash tree; thence North 23 deg. 18 min. 58 sec. East 125.71 feet to an iron rod at a 16-inch cherry tree; thence North 46 deg. 50 min. 05 sec. West 187.89 feet to the point of beginning. Survey by Carroll Dean Carman, Registered land Surveyor, Tennessee Number 910, address 150 Middle Fork Road, Hartsville, TN 37074, dated April 28, 1997.
Being the same property conveyed to Jeremy H. Biddle and Maria H. Farjardo, as joint tenants, with rights of survivorship, by Warranty Deed from William Cooper and wife, Patricia Cooper, dated December 19, 2007 and being of record in Book WD287, Page 132, Register's Office for Macon County, Tennessee.
Saving and exception an out-conveyance to Mary A. Cross by Deed recorded October 6, 1999 in Book 230, Page 123, Register's Office for Macon County, Tennessee.
Street Address: 139 Peytons Creek Road, Pleasant Shade, Tennessee 37145
Parcel Number: 084-025.01
Current Owner(s) of Property: Jeremy H. Biddle and Maria H. Farjardo aka Maria Ellen Biddle, as joint tenants, with rights of survivorship
The street address of the above described property is believed to be 139 Peytons Creek Road, Pleasant Shade, Tennessee 37145, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
This sale is subject to all matters shown on any applicable recorded plat any unpaid taxes; and any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; 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.
All right of equity of redemption, statutory and otherwise, and homestead 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. If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified/bank check made payable to or endorsed to Shapiro & Kirsch, LLP. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time.
This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.
Shapiro & Kirsch, LLP Substitute Trustee
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
File No. 13-054906