SUBSTITUTE TRUSTEE’S NOTICE OF SALE
WHEREAS, by Deed of Trust of record in Book 278, Page 438, in the Register’s Office for Chester County, Tennessee, dated December 22, 2005 and recorded on January 5, 2006, Marjorie McGill, unmarried and Jeremy Allen McGill, non-obligor spouse/owner, trustor, conveyed to Mortgage Electronic Registration Systems, Inc. (MERS), a Delaware limited liability company, as nominee for The CIT Group/Consumer Finance, Inc. (TN) (a Delaware Corporation), beneficiary, the hereinafter described real property to secure the payment of a Promissory Note (the “Note”) dated December 22, 2005 and other indebtedness as described in said Deed of Trust; and
WHEREAS, Mortgage Electronic Registration Systems, Inc. (MERS), a Delaware limited liability company, as nominee for The CIT Group/Consumer Finance, Inc. (TN) (a Delaware Corporation), assigned the Deed of Trust to 21st Mortgage Corporation in Assignment of Deed of Trust of record in Book 365, Page 247, in the Register’s Office for Chester County, Tennessee; and
WHEREAS, Ernest B. Williams IV, resigned as Trustee under said Deed of Trust; and Philip L. Robertson was appointed as Substitute Trustee pursuant to a certain Appointment of Substitute Trustee of record in Book 456, Page 141, in said Register’s Office for Chester County, Tennessee; and
WHEREAS, default in the payment of the indebtedness secured by said Deed of Trust has been made; and the entire balance of which having been declared due and payable in accordance with the terms of said Note and Deed of Trust, the owner and holder of said indebtedness, 21st Mortgage Corporation, has directed me, the undersigned, Substitute Trustee, to foreclose said Deed of Trust and to advertise and sell the real property in satisfaction of said debt and the cost of foreclosure, in accordance with the terms and provisions of the Note and Deed of Trust.
NOW, THEREFORE, by virtue of the authority vested in me by said Deed of Trust, I will on the 27th day of March 2020, offer for sale and sell the following described real property— 100 Ashcraft Lane, Henderson, Chester County, Tennessee, at the Chester County Courthouse, Henderson, Tennessee, beginning on or about 12:30 p.m., to the last, highest, and best bidder for cash, in hand, and free from all rights and equities of redemption, homestead, dower, marital share and all other exemptions and other rights of every kind, including the statutory right of redemption, all of which were expressly waived by the terms of said Deed of Trust. This sale is subject to, however, such prior encumbrances and priority tax liens as may appear of record in said Register’s Office.
The property herein to be foreclosed is described as follows:
A certain tract or parcel of land lying and being situated in the Fourth Civil District of Chester County, Tennessee, and being more particularly described as follows, to-wit:
Commencing at a 1/2 inch iron in the North right of way of Howard Road (50’ right of way), at the Southeast corner of the tract of which this description is apart, said point being the Southwest corner of the Howard tract, (Deed Book 171, Page 399), thence North 00 degrees 02 minutes 00 seconds East, along the West line of the Howard Tract, 241.95 feet to a 1/2 inch rod at the Southeast corner of Lot 5 of Cedar Ridge Subdivision Section One, thence, North 00 degrees 02 minutes 00 seconds East, continuing with the Howard tract, 239.45 feet, to a 1/2 inch iron rod set at the true point of beginning, said point being the Northeast corner of Lot 5 as mentioned above, thence, North 57 degrees 49 minutes 43 seconds West, along the North line of Lot 5, 669.15 feet to a 1/2 inch iron rod at the Northwest corner of Lot 5, said point being in the right of way line of Ashcraft Cove, (50 foot right of way), in a cul-de-sac, thence, along a curve to the left, having a radius of 50 feet (said curve being situated along a chord bearing of North 34 degrees 18 minutes 37 seconds West and having a chord distance of 56.68 feet), and an arc length of 60.26 feet, to a 1/2 inch rod at the Southwest corner of Lot 3, of Cedar Ridge Subdivision, Section One, thence; North 63 degrees 12 minutes 43 seconds East, along the South line of the aforementioned Lot 3; 670.75 feet, to a 1/2 inch iron rod at the Southeast corner of Lot 3, said point being in the West line of the aforementioned Howard tract, thence South 00 degrees 02 minutes 00 seconds West, along said West line of Howard, 705.41 feet, to the point of beginning, containing 5.10 acres. Surveyed by Reasons Engineering, R.L.S. No. 508, on February 4, 1999, Being Lot 4 of Cedar Ridge Subdivision.
Being the same property conveyed to Jeremy McGill by Warranty deed from Corey Gutgsell and Lymon Parsons of record in Book 181, page 726, Register’s Office for Chester County, Tennessee, dated January 14, 2000 and recorded on January 27, 2000. (Value or consideration shown in aforementioned deed $14,500.00.)
Being the same property conveyed to Jeremy Allen McGill by Quitclaim deed from Heather Lynn Russell McGill of record in Book 210, page 285, Register’s Office for Chester County, Tennessee, dated January 02, 2002 and recorded on February 08, 2002. (Value or consideration shown in aforementioned deed $0.00.)
Being the same property conveyed to Jeremy Allen McGill and Marjorie McGill, each with a right of survivorship by Quitclaim deed from Jeremy Allen McGill of record in Book 278, page 436, Register’s Office for Chester County, Tennessee, dated December 22, 2005 and recorded on January 05, 2006. (Value or consideration shown in aforementioned deed $0.00.) Being also known as 100 Ashcraft Lane Henderson, Tennessee 38340.
This is improved property with mailing and street addresses of 100 Ashcraft Lane, Henderson, Tennessee 38340.
Pursuant to T.C.A. 47-9-604 this sale shall also include the affixed manufactured home described as one (1) 1999 Fleetwood Oakcrest Manufactured Home, with a Serial No. of MSFLX25AB41928.
The sale will be for cash without warranty of any kind including the location, condition or set back of improvements on the property. Undersigned reserves the right to sell the property in individual parcels and / or in a group, in the sole discretion of Undersigned. The property is subject to any unpaid taxes and assessments, any and all restrictive covenants or easements of record with the Register’s Office, Chester County, Tennessee, and any and all other liens having priority over the Deed of Trust. The proceeds of the sale will be applied in accordance with the provisions of the Deed of Trust. If the highest bidder is unable to comply with the terms of sale, undersigned reserves the right to sell the property to the next highest bidder able to comply or to readvertise the sale if he chooses. Undersigned reserves the right to postpone the date and time of sale upon announcement at the time and place specified above.
THIS IS FOR THE COLLECTION OF A DEBT AND ALL INFORMATION RECEIVE WILL BE USED FOR THAT PURPOSE
Interested parties: Marjorie McGill, Jeremy Allen McGill
Philip L. Robertson, Substitute Trustee
Robertson Law Group
3401 Mallory Lane, Ste 200
Franklin, TN 37067
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 June 10, 2016, and the Deed of Trust of even date securing the same, recorded June 13, 2016, in Book No. 409, at Page 602, in Office of the Register of Deeds for Chester County, Tennessee, executed by Courtney L Newsom and Samuel J Russell, Jr, conveying certain property therein described to David W. Kious as Trustee for Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for Guaranty Trust Company, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by PennyMac Loan Services, 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 PennyMac Loan Services, LLC, will, on April 1, 2020 on or about 2:00 PM, at the Chester County Courthouse, Henderson, 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 Chester County, Tennessee, and being more particularly described as follows:
BEGINNING on an iron pin in the south margin of Simmons Road, which point is the northeast comer of Wallace Bates (Record Book 178, page 633) and the original northwest corner of Rish Young; thence from the point of beginning and with the south margin of Simmons Road, north 48 degrees 14 minutes 50 seconds east 101.93 feet to an iron pin set at the northeast corner of the herein described tract; thence on new lines through Rish Young the following calls: south 25 degrees 27 minutes 41 seconds east 185.72 feet to an iron pin set; south 29 degrees 09 minutes 51 seconds west 215.00 feet to an iron pin set at the southeast corner of the herein described tract; thence north 89 degrees 57 minutes 05 seconds west 21.43 feet to an iron pin found at the southeast corner of Wallace Bates; thence, with the east line of Wallace Bates, north 05 degrees 53 minutes 38 seconds west 289.05 feet to the point of beginning, containing 0.8 acres as surveyed by Advanced Land Surveying, Inc. R-L.S. #1999 on October 25, 2001.
ALSO KNOWN AS: 715 Simmons Road, Henderson, TN 38340
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:
COURTNEY L NEWSOM
SAMUEL J RUSSELL, JR
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. In the event of inclement weather, the trustee hereby announces that the sale will be postponed for a period of two weeks. In such situations, notices will be mailed to interested parties of record. W&A No. 345473
DATED February 11, 2020
WILSON & ASSOCIATES, P.L.L.C.,