NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF REAL ESTATE
WHEREAS, on March 30, 2016, RICHARD BRIAN SMITH, et. ux. by Deed of Trust of record in Deed of Trust Book 734, at Page 507, as modified by a Modification of Deed of Trust dated May 14, 2021, of record in Deed of Trust Book 786, at Page 333, in the Register’s Office of Hardeman County, Tennessee, conveyed the following described property in trust to secure the payment of a Promissory Note in the original principal amount of Sixty Thousand and 00/100 Dollars ($60,000.00), payable to CB&S BANK, INC.; and
WHEREAS, the undersigned was appointed Substitute Trustee by CB&S BANK, INC. which appointment will be recorded in the Register’s Office of Hardeman County, Tennessee prior to the deed evidencing this sale; and
WHEREAS, default has been made in the payment of said indebtedness and other provisions of the Deed of Trust have been violated, and CB&S BANK, INC., the lawful owner and holder of the indebtedness, has declared the entire amount due and payable as provided by the Deed of Trust in accordance with its terms, and instructed the undersigned to foreclose. NOW, THEREFORE, the public is hereby notified that the undersigned Substitute Trustee will sell the hereinafter described real estate at public auction, to the highest and best bidder FOR certified funds paid at the conclusion of the sale, at the west door of the Courthouse at Bolivar, Hardeman County, Tennessee, on Tuesday, September 13, 2022, at 11:00 o’clock a.m., said property to be sold in bar of the equity of redemption and subject to the lien of all special assessments against it. If the highest bidder cannot pay the bid within a reasonable time to be announced at the sale, the next highest bidder will be deemed the successful bidder.
Lying, and being situate in the 5nd Civil District of Hardeman County, Tennessee, and more particularly described as follows:
Point of beginning being a CPS (S) at the intersection of the east margin of Margin Street and the south margin of U.S. Highway No. 64; thence with said margin South 74 degrees 10 minutes East 139.95 feet to a CPS (S); thence with a new division and the residue of the Nellie B. Ross property South 16 degrees 11 minutes West 210.0 feet to a point in a drainage ditch (passing through a power pole at 192.54 feet) this also being the north boundary line of the Junious McTizic property (Deed Book E-4, Page 39); thence with same North 74 degrees 10 minutes West 124.41 feet to an iron (S) in the east margin of Margin Street; thence with same North 11 degrees 57 minutes East 210.46 feet to the point of beginning, containing 0.637 acres.
PERMANENT EASEMENT RESERVED BY GRANTOR:
A strip of land five (5) feet in width with the centerline of same described below to be used to accommodate a proposed two (2) inch sewer line:
Point of beginning being a point located North 16 degrees 11 minutes West 11.46 feet from the southeast corner of the 0.637 acre tract surveyed April 10, 1999; thence North 73 degrees 41 minutes West 125.35 feet to a point in the east margin of Margin Street located North 11 degrees 57 minutes East 12.91 feet from the southwest corner of said tract.
Per Certificate of Survey by Gene L. Shepard, RLS #257, Bolivar, Tennessee, dated April 22, 1999.
This being the same property conveyed to Richard Brian Smith from Ashlee Smith, by deed dated November 25, 2019, of record in Deed Book 102, at Page 67, in the Register’s Office of Hardeman County, Tennessee.
Map 079B, Group C, Parcel 021.02
The street address of the above-described property is believed to be 604 E. Market Street, Bolivar, Tennessee, 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, IF ANY.
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. Other interested parties: Border States Electric Supply; Department of the Treasury – Internal Revenue Service; State of Tennessee Department of Revenue; and PCA Acquisitions V, LLC.
This property is subject to Federal Tax Lien Bk 4, at Page 810; Federal Tax Lien Bk 4, at Page 811; and Federal Tax Lien Bk 4, at Page 831, in the Register’s Office of Hardeman County, Tennessee. Notice of said sale required by 26 U.S.C. § 7425(b) to be given to the Department of the Treasury−Internal Revenue Service has been timely given, and said sale will be subject to the right of the Secretary of the Department of Treasury−Internal Revenue Service to redeem such property as provided by 26 U.S.C. § 7425(d)(1).
This property is subject to a Notice of State Tax Lien in favor of the State of Tennessee Department of Revenue, against Brian Smith, 915 Maxwell Rd, Bolivar, Tennessee 38008-8125, dated June 18, 2021, and recorded June 28, 2021, in Lien Book 26, at Page 622, in the Register’s Office of Hardeman County, Tennessee. Notice of said sale required by T.C.A. § 67-1-1433(b)(1) to be given to the State of Tennessee has been timely given, and said sale will be subject to the right of the State of Tennessee to redeem such property, as provided in T.C.A. § 67-1-1433(c)(1).
Title to said property is believed to be good, but the undersigned will sell as Substitute Trustee only and will assign to the purchaser all covenants of warranty contained in said Deed of Trust.
The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. Said sale may be adjourned to another time or may be postponed to another date by public announcement at the appointed time of sale without readvertisement.
This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
WITNESS my signature, this the 18th day of August, 2022.
BY: STEPHEN L. HUGHES
P. O. Box 320
Milan, TN 38358