WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust Note dated June 13, 1998, and the Deed of Trust of even date, securing said Deed of Trust Note recorded on December 1, 1997 in Record Book 513, at Page 197 and re-recorded on July 28, 1998 in Record Book 520 at Page 366, in the Register's office of Hardeman County, Tennessee, executed by Dennis Norment, conveying certain property described therein to Craig R. Allen, Hamilton County, Tennessee, as Trustee, for the benefit of Jim Walter Homes, Inc. (the “Holder”) and to Mickel Law Firm, P.A., having been appointed as Substitute Trustee by instrument of record in the Register's office for Hardeman County, Tennessee.
WHEREAS, the owner and holder of the Deed of Trust Note has declared the entire indebtedness due and payable and demanded that the hereinafter described real property be advertised and sold in satisfaction of indebtedness and costs of foreclosure in accordance with the terms and provisions of the Deed of Trust Note and Deed of Trust.
NOW, THEREFORE, notice is hereby given that an agent of Mickel Law Firm, P.A., as Substitute Trustee, pursuant to the power, duty and authority vested in and conferred upon said Substitute Trustee, by the Deed of Trust, will on Thursday, October 29, 2020, at or about 11:00 AM at the front entrance of the Hardeman County Courthouse, 100 N Main St., Bolivar, Tennessee, 38008, or the sale will be held in the place at said venue where foreclosure sales are customarily advertised and/or conducted, offer for sale to the highest bidder for cash, and free from all legal, equitable and statutory rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other exemptions of every kind, all of which have been waived in the Deed of Trust, certain real property located in Hardeman County, Tennessee, described as follows:
The following described lot believed to be a portion of that certain tract of land situated in the second civil district of Hardeman County, Tennessee, conveyed to William C. Norment and wife, Margaret Ree Norment as recorded in Deed Book Q7 page 480 in the Register`s Office of said Hardeman County, Tennessee, and being more particularly described as follows: BEGINNING on a capped iron rod set on the east margin of a gravel drive being North 01 degrees 55 minutes 35 seconds East a distance of 501.59 feet from a P.K. nail set at the intersection of said drive and Simmons Road; thence continuing with said margin, North 02 degrees 28 minutes 17 seconds East a distance of 100.00 feet to a capped iron rod set; thence leaving said margin on a new line through said Norment, South 87 degrees 31 minutes 43 seconds East a distance of 436.00 feet to a capped iron rod set ; thence continuing through said Norment, South 02 degrees 28 minutes 17 seconds West a distance of 100.00 feet to a capped iron rod set; thence continuing through said Norment, North 87 degrees 31 minutes 43 seconds West a distance of 436.00 feet to the point of beginning, containing approximately 1.0 acre. The above description per survey by J. W. New and Son Land Surveying dated 10-16-97.
To include the following property to be used as ingress and egress to the property mentioned herein.
A 40-foot wide ingress -egress easement through said William C. Norment along the existing gravel drive from Simmons Road and being more particularly described as follows: Beginning on the iron rod found on the north west corner of the above division; thence South 89 degrees 38 minutes east a distance of 2.6 feet; thence through said division and Norment along the east side of said gravel drive, South 00 degrees 21 minutes west a distance of 576.3 feet to the north margin of said Simmons Road, thence with said Simmons Road, North 89 degrees 39 minutes West a distance of 40.0 feet; thence with the west side of said gravel and old fence line, North 00 degrees 21 minutes East a distance of 576.3 feet; thence South 89 degrees 38 minutes East a distance of 37.4 feet to the point of beginning. The above description per survey of J. W. New and Son Land Surveying dated 10/16/97, RLS TN #1814.
More Commonly Known As: 356 Jarrett Ave, Whiteville, TN 38008.
The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; a deed of trust; and any matter than an accurate survey of the premises might disclose; and
All right and equity of redemption, statutory or otherwise, homestead, and dower 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.
The sale is subject to Occupants(s) rights in possession, if applicable.
If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the purchase price. The Purchaser shall have no further recourse against the Grantor, the Grantee or the Substitute Trustee.
To the best of the Trustee’s knowledge, information, and belief, there are no Federal or State tax lien claimants or other claimants upon the subject property which would require notice pursuant to the terms and provision of T.C.A. § 35-5-104, T.C.A. § 67-1-1433 or 26 U.S.C. § 7425.
If a high bidder fails to close a sale, the Substitute Trustee shall have the option of making the sale to the next highest bidder. The sale held pursuant to this Notice may be rescinded at the Substitute Trustee’s option at any time.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust. This property is being sold "as is.” Additionally, no representation as to the condition of any structure(s) thereon or the accuracy of the above legal description is being or has been made. Transfer taxes and recording fees are the responsibility of the purchaser.
The following individuals or entities have an interest in the above-described property: Dennis Norment, Tenants of 356 Jarrett Ave, Whiteville, TN 38008, and Spouse of Dennis Norment.
DATED this 24th day of September, 2020.
Stephen P. Lowman
PHONE: (615)514-0138
FAX: (501)664-0631
File No. 106026-1
Practicing under the authority of Tenn. Sup. Ct. R. 7, Sec. 10.07