SUCCESSOR TRUSTEE’S SALE
SUCCESSOR TRUSTEE’S SALE
WHEREAS, default having been made in the payment of the debts and obligations secured to be paid in a certain Multifamily Deed of Trust, Assignment of Rents and Security Agreement conveying to Mark Lee as Trustee certain real estate situated in Hardeman County, Tennessee, recorded at Instrument No. 66956, in Deed of Trust Book 633, Pages 441-457, in the Register’s Office of Hardeman County, Tennessee for the benefit of LaSalle Bank National Association (“LaSalle”) (herein “Deed of Trust”); and
WHEREAS, LaSalle assigned the Deed of Trust to Wells Fargo Bank, N.A., as Trustee for the Registered Holders of LaSalle Commercial Mortgage Securities, Inc. 2006-MFZ [MF2], Commercial Mortgage Pass-through Certificates, Series 2006-MFZ [MF2] (“Wells Fargo”), effective as of March 30, 2006, recorded at Instrument No. 76445, in Deed of Trust Book 646, Pages 349-352 in the Register’s Office of Hardeman County, Tennessee; and
WHEREAS, Wells Fargo appointed Brendi E. Kaplan to be the 1st Successor Trustee by Appointment of Successor Trustee, effective as of July 6, 2011 recorded at Instrument No. 122549, in Deed of Trust Book 695, Pages 559-560 in the Register’s Office of Hardeman County, Tennessee; and
WHEREAS, Wells Fargo assigned the Deed of Trust to LSREF2 Apex 2, LLC, effective as of December 12, 2011, recorded at Instrument No. 128445, in Deed of Trust Book 699, Pages 213-215 in the Register’s Office of Hardeman County, Tennessee; and
WHEREAS, LSREF2 Apex 2, LLC assigned the Deed of Trust to Wells Fargo Bank, National Association, effective as of May 24, 2012, recorded at Instrument No. 134156, in Deed of Trust Book 702, Pages 574-577 in the Register’s Office of Hardeman County, Tennessee; and
WHEREAS, Wells Fargo Bank, National Association assigned the Deed of Trust to LSREF2 Apex 2, LLC effective as of September 17, 2013, recorded at Instrument No. 147520, in Deed of Trust Book 715, Pages 308-311 in the Register’s Office of Hardeman County, Tennessee; and
WHEREAS, LSREF2 Apex 2, LLC assigned the Deed of Trust to Eagle Pool I, LLC, a Delaware limited liability company, effective June 20, 2014, recorded at Instrument No. 152475, in Deed of Trust Book 720, Pages 273-274 in the Register’s Office of Hardeman County, Tennessee; and
WHEREAS, the owner of the debt secured, Eagle Pool I, LLC, appointed Sussan P. Harshbarger as Successor Trustee in accordance with the provisions of said Deed of Trust, by Appointment of Successor Trustee effective September 24, 2014, recorded at Instrument 154891, in Deed of Trust Book 722, Pages 487-488 in the Office of the Register of Hardeman County, Tennessee; and
WHEREAS, Eagle Pool I, LLC having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment thereof, at the option of the owner, this is to give notice that Sussan P. Harshbarger, as Successor Trustee or her duly appointed agent, will on Monday, the 3rd day of November, 2014, commencing at twelve o’clock noon at the front door of the Hardeman County Courthouse, in Bolivar, Hardeman County, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described real and personal property, to-wit:
Beginning at the intersection of the centerline of Clifft Road with the centerline of Sugar Hill Loop Road, which point is the original southwest corner of C.C.F.S. Inc.; thence, from the point of beginning, and with Sugar Hill Loop Road, the following calls:
Thence N 67 degrees 00 minutes 00 seconds E for 263.20 feet; Thence N 61 degrees 15 minutes – seconds E for 50.00 feet; Thence N 55 degrees 15 minutes 00 seconds E for 47.60 feet to a new corner of C.C.F.S. Inc.;
Thence on new lines through C.C.F.S. Inc. the following calls:
Thence S 44 degrees 10 minutes 45 seconds E for 210.00 feet; Thence N 48 degrees 37 minutes 25 seconds E for 650.72 feet; Thence N 44 degrees 10 minutes 45 seconds W for 210.00 feet to a point in the centerline of Sugar Hill Loop Road;
Thence, with the centerline of said road the following calls:
Thence N 35 degrees 30 minutes 00 seconds E for 200.00 feet; Thence N 31 degrees 30 minutes 00 seconds E for 200.00 feet; Thence N 30 degrees 00 minutes 00 seconds E for 100.00 feet; Thence N 19 degrees 00 minutes 00 seconds E for 100.00 feet; Thence N 16 degrees 59 minutes 57 seconds E for 150.00 feet to a point in the west line of Bay Point Inc. (Deed Book C12, Page 404);
Thence with the west line of Bay Point Inc. S 10 degrees 24 minutes 00 seconds W for 1327.30 feet to a point in the centerline of Clifft Road; thence with the centerline of Clifft Road the following calls:
Thence N 87 degrees 15 minutes 00 seconds W for 72.00 feet; Thence S 89 degrees 00 minutes 00 seconds W for 50.00 feet; Thence S 82 degrees 30 minutes 00 seconds W for 100.00 feet;
Thence S 78 degrees 15 minutes 00 seconds W for 100.00 feet; Thence S 77 degrees 45 minutes 00 seconds W for 200.00 feet; Thence S 78 degrees 30 minutes 00 seconds W for 100.00 feet; Thence S 89 degrees 30 minutes 00 seconds W for 50.00 feet; Thence N 82 degrees 00 minutes 00 seconds W for 75.00 feet; Thence N 72 degrees 30 minutes 00 seconds W for 50.00 feet; Thence N 64 degrees 30 minutes 00 seconds W for 50.00 feet; Thence N 49 degrees 30 minutes 00 seconds W for 50.00 feet; Thence N 34 degrees 34 minutes 29 seconds W for 94.20 feet to the point of beginning.
Being the same property conveyed to JAAK Management, LLC by Warranty Deed dated October 17, 2005 from Golden Properties, LLC of record at Instrument No. 66955 in Deed Book 20, Pages 115-116 of the Register’s Office of Hardeman County, Tennessee.
OWNER OF PROPERTY and JAAK Management, LLC,
MAKER OF NOTE: a Tennessee limited liability company
The addresses of the above described property is believed to be known as:
415 Clifft Road – Units 1 – 12
265 Clifft Road – Units 1 – 4
315 Clifft Road
365 Clifft Road – Units 1 – 10
and is also known as 7.6 acres located at Clifft Road (also known as Cliff Road), Bolivar, Hardeman County, Tennessee, and the tax parcel identification number is believed to be 089-01110-000 but neither such addresses nor parcel identification number is a part of the legal description of the property sold and in the event of any discrepancy, the legal description herein shall control.
The homestead exemption, all right of redemption, statute of limitations, right of marshalling and other exemptions and other rights are expressly waived in the Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Successor Trustee. This sale is subject to all matters shown on any applicable recorded plat or plan; any unpaid taxes, interest and penalty which exist as a lien against said property (said taxes shall not be prorated); any restrictive covenants, easements or set back lines that may be applicable; or claims of parties in possession; and any filed or unfiled liens, adverse claims or encumbrances that may exist against the property which have priority over the Deed of Trust.
The property sold pursuant to this Notice shall be sold “AS IS, WHERE IS” and neither the Successor Trustee nor the beneficiary of the Deed of Trust, nor any of the respective agents or representatives, makes any warranty whatsoever, whether expressed or implied, with respect to the property.
The sale scheduled 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 certain without further publication, upon announcement at the time and place for the sale set forth herein.
Sussan P. Harshbarger, Successor Trustee
WYATT, TARRANT & COMBS, LLP
1715 Aaron Brenner Dr. Suite 800
Memphis, Tennessee 38120
Attn: Sussan P.
Harshbarger
(606126.14)
61233635.1
10/8-10/22