Notice of SUCCESSOR Trustee’s Sale
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated January 11, 2013, executed by KURT CARRICK and wife, MISTY CARRICK, conveying certain real property therein described to DONALD W. TRAYLOR, Trustee for Town & Country Finance of Lafayette, Tennessee. Said Deed of Trust is of record in Trust Deed Book 508, Page 125, Register’s Office, Macon County, Tennessee; and
WHEREAS, Town & Country Finance is the true and lawful holder of the debt, has declared the entire indebtedness due and payable, has appointed the undersigned, A. Russell Brown, as Successor Trustee by instrument filed for record in the Macon County Register of Deeds, and has instructed the Successor Trustee to foreclose said Deed of Trust in accordance with its terms and provisions; and
NOW, THEREFORE, by the authority vested in me as Successor Trustee, I will on the 8th day of March, 2016, at 10:00 a.m. at the Macon County Courthouse, Public Square, Lafayette, Tennessee, sell at public auction to the highest and best bidder for cash the following described property known as Map: 043, Parcel: 032.30, situated in the 6th Civil District, Macon County, Tennessee;
Beginning at an iron pin old at the north margin of Red Bud Road, being the southwest corner of this tract and a corner to Gerald Wilder; thence with Wilder North 7 degrees 47 minutes 29 seconds West 96.84 feet to an iron pin old; thence South 78 degrees 47 minutes 37 seconds West 143.13 feet to an iron pin old, being a corner to Roger Hix; thence with Hix North 16 degrees 36 minutes 00 seconds West 150.81 feet to an iron pin old, being a corner to Tony West; thence with West North 10 degrees 09 minutes 05 seconds West 101.28 feet to a 16” poplar; thence North 63 degrees 16 minutes 10 seconds East 398.28 feet to a 16” poplar stump, being a corner to the remaining property of William B. Cassetty; thence with Cassetty South 13 degrees 05 minutes 28 seconds East 370.47 feet to an iron pin new at the north margin of Red Bud Road; thence with the margin of Red Bud Road South 59 degrees 52 minutes 31 seconds West 260 feet to the point of beginning, containing 3.01 acres, more or less.
Being the property conveyed to Kurt Carrick and wife, Misty Carrick, from Tina E. Wix, by warranty deed, dated 2/7/06, recorded 2/24/06, in Deed Book 274, Page 262, Register’s Office of Macon County, Tennessee.
The physical address of this property is thought to be 349 Redbud Road, Red Boiling Springs, TN 37150, but the property is being sold pursuant to the legal description and reliance on the physical address should not be made.
Said sale shall be to the highest bidder for cash in bar of all rights and equities of redemption, statutory or otherwise, homestead, dower, and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust. The title is believed to be good, but the undersigned will convey and sell only as Successor Trustee. The property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. Said sale is subject to all matters shown on any recorded plat, any unpaid taxes, easements, covenants, any prior or superior liens or encumbrances, and to any matter that an accurate survey might disclose. This sale is also subject to the rights of any person in possession.
If a high bidder fails to close a sale, the Successor Trustee shall have the option of making the sale to the next highest bidder who is able, capable, and willing to comply with the terms thereof. The right is reserved to adjourn the sale to another day, place or time certain, without further publication, upon announcement of same at the time of adjournment.
The State of Tennessee claims two (2) tax liens against the property pursuant to T.C.A. §67-1-1403. (1) Lien to the Tennessee Department of Revenue filed against Kurt A. Carrick and Misty L. Carrick, of record in Lien Book 12, Page 190, Register’s Office, Macon County, Tennessee; (2) Lien to Tennessee Department of Labor & Workforce Development against Kurt A. Carrick, Individually, and d/b/a The American Pie, of record in Lien Book 10, Page 282, Register’s Office, Macon County, Tennessee. The notice required by §67-1-1433(b)(1) has been timely given. The sale of this property will be subject to the right of the state to redeem the land pursuant to §67-1-1433(c)(1).
OTHER INTERESTED PARTIES SENT NOTICE: Discover Bank liens of record in Lien Book 11, Page 294, and Lien Book 12, page 8, Register’s Office, Macon County, TN; and (2) Second Round Sub LLC, as successor in interest to GE Capital Retail Bank lien of record in Record Book 14, Page 408, Register’s Office, Macon County, TN.
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
A. Russell Brown, Attorney at Law
Successor Trustee, 112 Public Square – P.O. Box 747, Lafayette, TN 37083 615-666-7595
Publish Dates: January 26, February 2, and February 9
Notice of SUCCESSOR Trustee’s Sale