NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated October 27, 2008, executed by CHESTER C. COX, ELAINE L. COX, conveying certain real property therein described to TRACE ROBBINS, as Trustee, as same appears of record in the Register’s Office of Chester County, Tennessee recorded October 30, 2008, in Deed Book 322, Page 1 ; and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Select Portfolio Servicing, Inc. who is now the owner of said debt; and
WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Chester County, Tennessee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on July 22, 2020 at 10:00 AM at the front Entrance to the Chester County Courthouse,133 East Main Street, Henderson, TN 38340, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Chester County, Tennessee, to wit:
TRACT ONE: THE HEREINAFTER DESCRIBED REAL PROPERTY TOGETHER WITH IMPROVEMENTS, IF ANY, LYING AND BEING IN CHESTER COUNTY, TENNESSEE. BEING ALL OF THE FOLLOWING DESCRIBED TRACT OF LAND LYING EAST OF THE GRAVEL ROAD RUNNING THROUGH SAME: BEGINNING AT AN IRON STAKE ON A GRAVEL ROAD 20 FEET SOUTH FROM THE ORIGINAL CORNER; THENCE WEST 24 POLES TO A DITCH AT STAKE; THENCE SOUTH 25 POLES 37 DEGREES WEST TO A STAKE AT DITCH RUNNING EAST AND WEST; THENCE APPROXIMATELY 52 POLES EAST TO STAKE ACROSS GRAVEL ROAD TO CHESTER COX LINE; THENCE FOLLOW CHESTER COX LINE APPROXIMATELY 16 POLES NORTH 30 DEGREES WEST WITH GRAVEL ROAD TO STAKE 110 FEET FROM E. M. COX LINE; THENCE NORTHEAST TO A STAKE 200 FEET DEEP FROM GRAVEL ROAD AT E. M. COX LINE WEST TO A GRAVEL ROAD; THENCE SOUTH WITH GRAVEL ROAD; THENCE ACROSS GRAVEL ROAD; THENCE 20 FEET TO GRAVEL ROAD TO STARTING CORNER CONTAINING FIVE AND ONE-HALF ACRES, MORE OR LESS. THE LAND LYING AND BEING ON THE WEST SIDE OF THE GRAVEL ROAD RUNNING THROUGH SAID TRACT WAS CONVEYED TO EDWARD ROY HOLMES AND WIFE, RENA HOLMES OF RECORD IN DEED BOOK 88 AT PAGE 255. THIS CONVEYANCE IS FOR APPROXIMATELY ONE-HALF ACRES (.46) MORE OR LESS. TRACT TWO: A CERTAIN TRACT OR PARCEL OF LAND LOCATED AND SITUATED IN THE TENTH CIVIL DISTRICT OF CHESTER COUNTY, TENNESSEE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BY ERWIN COX; BOUNDED ON THE EAST BY FLOWERS; BOUNDED ON THE SOUTH BY SHELBY COX AND A GRAVEL ROAD; BOUNDED ON THE WEST BY A GRAVEL ROAD. CONTAINING 11 ACRES, BE THE SAME MORE OR LESS. SURVEYORS CALLS TO BE ATTACHED WHEN SURVEY IS MADE. INCLUDED IN THE ABOVE BOUNDS BUT EXCLUDED FROM THIS CONVEYANCE IS A CERTAIN PARCEL OF LAND LOCATED IN THE WEST PORTION OF THIS LAND WHICH EXCLUDED PARCEL IS 100 FEET ALONG THE ROAD AND 200 FEET DEEP. EXCEPTING THEREFROM THE FOLLOWING LOT OR PARCEL OF LAND LYING AND BEING IN CHESTER COUNTY, STATE OF TENNESSEE AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT AN IRON PIN LOCATED IN THE WEST OR SOUTH RIGHT OF WAY OF WOLFE ROAD, THE NORTHEAST CORNER OF THE PARENT TRACT AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE IN A WESTERN DIRECTION WITH THE NORTH LINE OF THE PARENT TRACT AND THE SOUTH LINE OF THE COX TRACT (REF. DEED BOOK 48, PAGE 375) 308.3 FEET; THENCE IN A SOUTHERN DIRECTION 693 FEET TO AN IRON PIN IN THE NORTH LINE OF THE AMESON TRACT; THENCE IN AN EASTERN DIRECTION 309.05 FEET TO AN IRON PIN SITUATED IN THE EAST LINE OF THE PARENT TRACT AND THE WEST LINE OF THE SIPES TRACT (REF. DEED BOOK 79, PAGE 478); THENCE IN A NORTHERN DIRECTION WITH THE EAST LINE OF THE PARENT AND THE WEST LINE OF SIPES 720 FEET TO THE POINT OF BEGINNING AND CONTAINING BY ESTIMATION 5 ACRES MORE OR LESS.
Parcel ID: 092-020.02
PROPERTY ADDRESS: The street address of the property is believed to be 320 HENSON RD, BETHEL SPRINGS, TN 38315. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.
CURRENT OWNER(S): THE CHESTER C. COX REVOCABLE TRUST-CHESTER C. COX, TRUSTEE
OTHER INTERESTED PARTIES:
STATE FARM BANK
The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid 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; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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. 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 Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Rubin Lublin TN, PLLC, Substitute Trustee
119 S. Main Street, Suite 500
Memphis, TN 38103
Tel: (877) 813-0992
Fax: (404) 601-5846
SUBSTITUTE TRUSTEE’S NOTICE OF SALE
Sale at public auction will be on July 21, 2020, at or about 10:00 AM, local time, at the front entrance of the Chester County Courthouse,133 East Main Street, Henderson, TN 38340, pursuant to the Deed of Trust executed by Kimberly A. McFarland, to Byrd & Byrd, P.L.L.C., as Trustee for Mortgage Electronic Registration Systems, Inc. as beneficiary, as nominee for Bank of England, its successors and assigns dated May 10, 2017, and recorded in Record Book 421, Page 220, in the Register’s Office for Chester County, Tennessee (“Deed of Trust”), conducted by Padgett Law Group, having been appointed Substitute Trustee, all of record in the Chester County Register’s Office. Default in the performance of the covenants, terms, and conditions of said Deed of Trust has been made; and the entire indebtedness has been declared due and payable.
Party entitled to enforce the debt: New Rez LLC d/b/a Shellpoint Mortgage Servicing
Other interested parties:
The hereinafter described real property located in Chester County will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Legal Description: The following real estate located in the Ninth Civil District, Chester County, Tennessee, more particularly bounded and described as follows, to-wit:
BEGINNING at an iron pin in the south margin of Pleasant Springs Road, which point is a northeast corner of Chickasaw State Park as recorded in Deed Book 86, page 706, Register`s Office of Chester County, Tennessee and the northwest corner of the herein described tract; thence from the point of beginning and with the south margin of Pleasant Springs Road the following calls: south 81 degrees 29 minutes 11 seconds east 136.55 feet; south 78 degrees 00 minutes 01 seconds east 192.82 feet to an iron pin set at the northeast corner of the herein described tract; thence on new lines through Battaglia and Moore the following calls: south 04 degrees 54 minutes 43 seconds east 519.98 feet to an iron pin set; south 43 degrees 14 minutes 55 seconds west 414.29 feet to an iron pin set in an east line of Chickasaw State Park; thence with an east line of Chickasaw State Park, north 05 degrees 28 minutes 26 seconds west 884.17 feet to the point of beginning containing 5.07 acres more or less as surveyed by Reasons Engineering & Associates, Inc. R.L.S. #508, May 3, 1996.
INCLUDED IN THE ABOVE DESCRIPTION BUT EXPRESSLY EXCLUDED THEREFROM IS THE FOLLOWING DESCRIBED TRACT OF REAL ESTATE: BEGINNING at an iron found in the south right of way of Pleasant Springs Road (50 foot right of way), which point is in the northwest corner of the parent tract; thence from the point of beginning, and with the south right of way of Pleasant Springs Road, the following calls: south 81 degrees 29 minutes 11 seconds east 136.55 feet; south 78 degrees 00 minutes 01 seconds east 88.30 feet to an iron pin set; thence on new line through Swedberg the following calls: south 04 degrees 54 minutes 53 seconds east 272.54 feet to an iron pin set; north 84 degrees 27 minutes 45 seconds west 218.00 feet to an iron pin set in an interior line of Chickasaw State Park; thence with Chickasaw State Park, north 05 degrees 28 minutes 26 seconds west 290.39 feet to the point of beginning, containing 1.4 acres as surveyed by Advanced Land Surveying Inc., R.L.S. #1999 on November 14, 2005. Tax Identification: Map: 52; Parcel: 2.04
Street Address: The street address of the property is believed to be 655 Pleasant Springs Road, Henderson, TN 38340, but such address is not part of the legal description of the property. In the event of any discrepancy, the legal description herein shall control.
Map/Parcel Number: 052-002.04
Current owner(s) of Record: Kimberly A. McFarland
This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes and assessments; any restrictive covenants, easements or setback lines that may be applicable; rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any government agency, state or federal; and any and all prior deeds of trust, liens, dues, assessments, encumbrances, defects, adverse claims and other matters that may take priority over the Deed of Trust upon which this foreclosure sale is conducted or are not extinguished by this Foreclosure Sale.
THE PROPERTY IS SOLD WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO TITLE, MARKETABILITY OF TITLE, POSSESSION, QUIET ENJOYMENT OR THE LIKE AND FITNESS FOR A GENERAL OR PARTICULAR USE OR PURPOSE. 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 sale to another time certain or to another day, time, and place certain, without further publication upon announcement on the day, time, and place of sale set forth above or any subsequent adjourned day, time, and place of sale.
If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified check made payable to or endorsed to Padgett Law Group. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Padgett Law Group, Substitute Trustee
6267 Old Water Oak Road, Suite 203
Tallahassee, FL 32312
(850) 422-2520 (telephone)
(850) 422-2567 (facsimile)