NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, by Deed of Trust dated December 15, 2008 (as modified from time to time, the “Deed of Trust”), of record in Book 676, Page 33, in the Office of the Register of Deeds of Hardeman County, Tennessee (the “Register’s Office”), as modified by that certain Modification of Deed of Trust dated January 17, 2014, of record in Book 717, Page 147, and further modified by that certain Modification of Deed of Trust dated December 2, 2014, of record in Book 724, Page 452, both in said Register’s Office, Mark S. Powell did convey in trust to Thomas F. Baker, IV, as Trustee, certain property described therein to secure payment of a debt in the original principal amount of $113,201.50 payable to First Tennessee Bank National Association (the “Lender”). Said Deed of Trust is incorporated herein by reference;
WHEREAS, Lender is the true and lawful owner and holder of the debt aforesaid which is secured by the Deed of Trust (the “Debt”);
WHEREAS, by Appointment of Substitute Trustee recorded on March 23, 2018, in Book 752, Page 785, in said Register’s Office, Lender, exercising its authority as such owner and holder of said Deed of Trust, appointed Michael C. Patton, as Substitute Trustee (hereinafter, the “Substitute Trustee”), who is empowered to serve with all the title, powers, and duties of the original Trustee named in said Deed of Trust described above; and
WHEREAS, default has been made in the payment of Debt and obligations secured by said Deed of Trust, and Lender, as owner and holder of the obligations secured thereby, has declared the entire balance due and payable and has instructed the undersigned Substitute Trustee to foreclose said Deed of Trust in accordance with its terms and provisions;
NOW, THEREFORE, by the authority vested in me as Substitute Trustee under said instrument, I will on Friday, May 4, 2018, at 12:00 noon, on the front steps of the Hardeman County Courthouse, located in Bolivar, Tennessee, offer for sale and sell at public auction to the highest and best bidder for cash in bar of all rights and equities of redemption, statutory and otherwise, homestead, dower and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, the property therein conveyed (the “Property”), which is situated in the State of Tennessee, Hardeman County, and is described as follows:
Tract I: Beginning at an iron stake in the east margin of a road or street running from Malone Street to Highway #64 (East Market Street extended) at the northwest corner of a lot conveyed by Tommie McTizic and wife Addie McTizic, to Allen Lake and wife, Elma Lake, as shown of record in deed book Y-3, page 354, Register’s Office of Hardeman County, Tennessee; runs thence north 60 feet along the east margin of said street or road (called Margin Street) to a stake; thence east 150 feet parallel with the north boundary line of said Allen Lake lot to a stake in the field; thence south 60 feet parallel to said Margin Street to a stake, the northeast corner of said Allen Lake lot to the point of beginning.
Tract II: Beginning at a stake in the east margin of a road or street running from Malone Street to Highway #64 (East Market Street extended) at the northwest corner of lot conveyed by Tommie McTizic and wife, Addie McTizic, to Junious McTizic, as shown of record in Deed Book C-4, page 88, Register’s Office Hardeman County, Tennessee; runs thence north 60 feet along the east margin of said street or road (called Margin Street) to a stake in a ditch; thence east 150 feet parallel with the north boundary line of said Junious McTizic lot above mentioned to a stake in said ditch; thence south 60 feet parallel to said Margin Street to a stake, to the northeast corner of said Junious McTizic lot; thence west 150 feet with the north boundary line of same to the point of beginning.
Being the same property conveyed to Mark S. Powell by Quit Claim Deed of record in Book 40, Page 355, in said Register’s Office.
Said Property is commonly known as 116 Margin Street, Bolivar, Tennessee 38069 and is also designated as parcel number 079B-C-020.00, but such address or designation is not a part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
Said sale shall be made for cash in bar of all right and equity of redemption, homestead, dower, and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, but subject to the following:
Any unpaid taxes against the Property; and
Any recorded easements, conditions, covenants, rights-of-way or subdivision plats affecting the Property; and
Any dedication of roads affecting the property and any governmental zoning and subdivision ordinances or regulations in effect; and
Any prior or superior liens, judgment, deeds of trust or other interests of record; and
Rights of tenants, as tenants only, by virtue of unrecorded leases, if any.
Lender has complied with the notice provisions of 26 U.S.C. § 7425(c) and Reg. §§ 301.7425-1, T.C.A. §§ 50-7-404(i)(2)(B) and 67-1-1433(b)(2), and Tennessee Department of Revenue Rule 1320-2-1-.35 to the extent applicable.
A ten percent (10%) buyer’s premium will be due from the successful highest and best bidder at the foreclosure sale, which said amount will be due from the purchaser and high bidder in addition to the bid amount accepted by the Substitute Trustee.
Lender reserves the right to retain any escrows, reserves, security deposits, or other funds or rights to payment of funds and to apply the same in accordance with the terms and provisions of the Deed of Trust and related documents.
The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of sale set forth above.
The failure of any high bidder to pay the purchase price plus the ten percent (10%) buyer’s premium and close this sale shall, at the option of Lender, be cause for rejection of the bid, and if the bid is rejected, Lender 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 proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust and are made a part hereof as if set forth verbatim herein.
This Notice of Sale has been posted and published in accordance with T.C.A. § 35-5-101 et seq. and any provisions of the Deed of Trust affecting same beginning April 12, 2018.
Michael C. Patton,
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C.
165 Madison Avenue
Suite 2000 Memphis, TN 38103