NOTICE OF
FORECLOSURE AND SALE
Default having been made in the payment of installments due on the note from BRENT HODGES and wife, LINDSEY C. HODGES, payable to FIRST SOUTH BANK, which note is secured by a certain Deed of Trust referenced herein, dated the 1st day of April, 2011, executed by BRENT HODGES and wife, LINDSEY HODGES, and of record in the Register’s Office of Chester County, Tennessee in Trust Book 349, Pages 341-345, to which reference is hereby made, and the holder of the note in question having declared all debt, principal, interest, and attorney’s fees, immediately due and payable, notice is hereby given that on the 1st day of February, 2019, at 10:00 a.m. at the front door of the Courthouse for Chester County, Tennessee, at Henderson, Tennessee, the undersigned Substitute Trustee, on behalf of Simmons Bank, successor by merger to First South Bank, the holder of the note in question, will sell for cash, to the highest bidder, and in bar of the equity of redemption and the statutory right of redemption, the following described premises:
LOCATED in the 9th Civil District of Chester County, Tennessee, and being more particularly described as follows:
BEGINNING on a fence corner located in the East line of Terry Dowdy (325,734) which point is the Northwest corner of Lottie Long (172,136) and the Northwest corner of the herein described tract; thence, from the POINT OF BEGINNING, and with the West line of Long, South 36 degrees 08 minutes 26 seconds East 372.74 feet to an iron pin set in the North margin of Lawson Lane; thence, with the North margin of Lawson Lane the following calls: South 43 degrees 01 minute 38 seconds West 60.01 feet; around a curve to the left, having a radius of 50 feet, chord of South 38 degrees 50 minutes 12 seconds West 90.02 feet to an iron pin set; thence, on new lines through Cox the following calls: South 68 degrees 24 minutes 29 seconds West 351.84 feet; South 63 degrees 13 minutes 08 seconds West 50.08 feet, South 60 degrees 29 minutes 42 seconds West 267.93 feet; North 51 degrees 14 minutes 39 seconds West 142.65 feet to an iron pin set in the East line of Dowdy; thence North 44 degrees 14 minutes 43 seconds East 851.11 feet to the POINT OF BEGINNING, and containing 5.1 acres as surveyed by Advance Land Surveying, Inc., R.L.S. #1999.
This BEING the same real property conveyed to Brent Hodges and wife, Lindsey Hodges by Warranty Deed from Joe Neal Cox and wife, Jean Cox, dated April 22, 2010, and recorded April 27, 2010, in Record Book 339, Pages 87-88, Register’s Office of Chester County, Tennessee.
SUBJECT to setback lines, drainage and/or utility easements and conditions and limitations, if any, as depicted on the survey by Advance Land Surveying, Inc., R.L.S. #1999.
SUBJECT to and conveyed hereunder is a 50 foot permanent perpetual easement for the purposes of ingress, egress and the installation and maintenance of utilities as described in Record Book 339, Pages 87-88, in the said Register’s Office.
PROPERTY ADDRESS: 5.1 acres on Deanburg Road, Henderson, TN 38340.
SUBORDINATE LIEN HOLDERS TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: Not applicable.
OTHER INTERESTED PARTIES IN REAL PROPERTY TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: Not applicable.
No warranties are made as to the merchantability of title of said real property, which property is being sold, “where is, as is”, subject to all restrictions, easements, governmental zoning or regulations, subdivision ordinances or regulations in effect with respect to the property, unpaid property taxes, assessments and all superior encumbrances and liens, if any, whether of record or not. The Substitute Trustee herein makes no representations or warranties as to status of title or description of this property.
Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Substitute Trustee shall have the option of accepting the second highest bid, or the next highest bid with which the buyer is able to comply.
The Substitute Trustee will make a deed to the purchaser on the day of sale, and the premises will be sold subject to any unpaid taxes, other than those tax encumbrances which are divested by nonjudicial sale, further, the premises will be sold subject to any and all other restrictions, encumbrances and any governmental zoning or regulations and subdivision ordinances or regulations in effect with respect to the property.
The sale held pursuant to this Notice may be rescinded at the Substitute 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, from time to time, as needed at the sole discretion of the Substitute Trustee.
This communication is an attempt to collect a debt and any information collected or garnered hereby or as a result hereby may be used for purposes of collecting the debt.
This the 2nd day of January, 2019.
BRIDGET J. WILLHITE, Substitute Trustee
