NOTICE OF TRUSTEE'S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated May 31, 2002, and the Deed of Trust of even date securing the same, recorded June 14, 2002, in Book No. TD309, at Page 301, in Office of the Register of Deeds for Macon County, Tennessee, executed by Joy Birdwell and Gary Birdwell, conveying certain property therein described to Mary L. Aronov, Esquire as Trustee for HomeGold, Inc.; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by Ditech Financial LLC.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by Ditech Financial LLC, will, on October 18, 2016 on or about 12:00 PM, at the Macon County Courthouse, Lafayette, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Macon County, Tennessee, and being more particularly described as follows:
A CERTAIN TRACT OR PARCEL OF LAND IN THE 5TH CIVIL DISTRICT OF MACON COUNTY, STATE OF TENNESSEE, DESCRIBED AS FOLLOWS TO WIT: TRACT NO. 7 BEGINNING AT AN IRON PIN IN THE CENTER OF GREEN VALLEY ROAD BEING THE NORTHEAST CORNER OF THIS TRACT AND AT THE SOUTH MARGIN OF HIRE LANE; THENCE WITH THE CENTER OF GREEN VALLEY ROAD SOUTH 42 DEGREES 31 MINUTES 44 SECONDS WEST 215.33 FEET TO A POINT; SOUTH 47 DEGREES 55 MINUTES 45 SECONDS WEST 196.86 FEET TO A POINT; SOUTH 56 DEGREES 19 MINUTES 20 SECONDS WEST 177.66 FEET TO A POINT; SOUTH 64 DEGREES 52 MINUTES 28 SECONDS WEST 221.91 FEET TO AN IRON PIN, BEING A CORNER TO TRACT 8 AND THE SOUTHWEST CORNER OF THIS TRACT; THENCE WITH TRACT 8 NORTH 36 DEGREES 48 MINUTES 18 SECONDS WEST 801.68 FEET TO AN IRON PIN; NORTH 14 DEGREES 09 MINUTES 52 SECONDS EAST 134.37 FEET TO AN IRON PIN AT THE SOUTH MARGIN OF HIRE LANE, BEING THE NORTHWEST CORNER OF THIS TRACT; THENCE WITH THE SOUTH MARGIN OF HIRE LANE SOUTH 78 DEGREES 07 MINUTES 21 SECONDS EAST 373.20 FEET TO A POINT; SOUTH 73 DEGREES 31 MINUTES 50 SECONDS EAST 754.91 FEET TO THE POINT OF BEGINNING CONTAINING 10.01 ACRES MORE OR LESS.
EXCEPTING AND RESERVING FROM THE AB0VE DESCRIBED PARCEL OF LAND THE FOLLOWING: ALL THAT CERTAIN PROPERTY BEING DESCRIBED AS A CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN THE 5TH CIVIL DISTRICT OF MACON COUNTY, TENNESSEE, AND BEING FURTHER DESCRIBED AS FOLLOWS: LYING AND BEING IN THE 5TH CIVIL DISTRICT OF MACON COUNTY, TENNESSEE AND BEGINNING AT A POINT IN THE CENTER OF GREEN VALLEY ROAD AT THE SOUTH MARGIN OF KATRINA LANE, BEING THE NORTHEAST CORNER OF THIS TRACT; THENCE WITH THE CENTER OF GREEN VALLEY ROAD SOUTH 42 DEGREES 31 MINUTES 44 SECONDS WEST 215.33 FEET TO A POINT; SOUTH 47 DEGREES 55 MINUTES 45 SECONDS WEST 196.86 FEET TO A POINT; SOUTH 56 DEGREES 19 MINUTES 20 SECONDS WEST 177.66 FEET TO A POINT; SOUTH 64 DEGREES 52 MINUTES 28 SECONDS WEST 221.91 FEET TO AN IRON PIN OLD, BEING A CORNER TO HOLLIS WILLIS PROPERTY DESCRIBED IN DEED BOOK 162, PAGE 34; THENCE WITH WILLIS NORTH 36 DEGREES 48 MINUTE5 18 SECONDS WEST 463.87 FEET TO AN IRON PIN NEW, BEING A CORNER TO THE REMAINING PROPERTY OF GARY AND JOY BIRDWELL; THENCE WITH A LINE SEVERING THE LAND OF GARY AND JOY BIRDWELL NORTH 53 DEGREES 27 MINUTES 33 SECONDS EAST 458.48 FEET TO AN IRON PIN NEW AT THE SOUTH MARGIN OF KATRINA LANE; THENCE WITH THE SOUTH MARGIN OF KATRINA LANE SOUTH 73 DEGREES 40 MINUTES 39 SECONDS EAST 573.09 FEET TO THE POINT OF BEGINNING, CONTAINING 7.31 ACRES MORE OR LESS. THIS DESCRIPTION IS TAKEN FROM A SURVEY BY HOLLAND LAND SURVEYING 606 R.B.S. RD., LAFAYETTE, TN, TN #492, OF 12/12/96.
ALSO KNOWN AS: 1423 Green Valley Road, Lafayette, TN 37083
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights 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. In addition, the following parties may claim an interest in the above-referenced property:
JOY BIRDWELL & GARY BIRDWELL
The sale held pursuant to this Notice may be rescinded at the Successor 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. W&A No. 315462
DATED September 16, 2016
WILSON & ASSOCIATES, P.L.L.C., Successor Trustee