NOTICE OF SALE OF REAL ESTATE
WHEREAS, by Deed of Trust dated January 18, 2008, recorded in the Register’s Office of Chester County, Tennessee, in Record Book 310, Page 751 (“Trust Deed”), Johnnie B. Weaver and wife, Barbara A. Weaver conveyed to Travis Edmondson, Trustee, the real estate therein described, to secure the payment of certain indebtedness therein described; and
WHEREAS, the Trust Deed has been modified by Modification of Deed of Trust dated February 19, 2013 and of record in Record Book 371, Page 681 in the Register’s Office of Chester County, Tennessee; and
WHEREAS, the Trust Deed has been further modified by Modification of Deed of Trust dated May 29, 2019 and of record in Record Book 446, Page 26 in the Register’s Office of Chester County, Tennessee; and
WHEREAS, default has been made in the payment of the indebtedness secured by the Trust Deed, and FirstBank, successor in interest to Clayton Bank and Trust, the lawful holder of the indebtedness, has declared the entire balance due and payable; and
WHEREAS, Adam C. Crider was appointed Successor Trustee by instrument appearing of record in Record Book 462, Page 644 in the Register’s Office of Chester County, Tennessee.
NOW, THEREFORE, notice is hereby given that on Monday,November9, 2020 at 10:00 a.m., at the front door of the Courthouse in Henderson, Chester County, Tennessee, I will sell to the last, highest and best bidder for cash and free of all rights to the equity of redemption, statutory right of redemption, homestead curtesy and dower including all elective share and other martial rights, all of which were expressly waived in the Trust Deed, the following real estate, lying and being in the Sixth Civil District of Chester County, Tennessee, and more particularly described as follows:
The property described on Deed of Trust of record in Record Book 310, Page 751, in the Register’s Office of Chester County, Tennessee.
No opinion is rendered by the Successor Trustee as to the accuracy of the legal description.
The street addresses of the propertiesare256 and 257 Iris Street, Henderson, Tennessee and the propertiesare shown as Map 33LGroup E Parcels 002.01 and 17.00 in the Chester County Tax Assessor’s Office.
Said property will be sold by me as Successor Trustee only and subject to any unpaid taxes and assessments and all valid restrictions, covenants or easements, if any, of record on said property, and subject to any and all other liens having priority over the Trust Deed. The Successor Trustee reserves the right to make oral announcements at the time of the public sale which shall apply to the terms of the sale. The Successor Trustee may postpone any sale hereunder to another time or place by so announcing to all present at the time and place of the sale scheduled herein, without the necessity of any further notice whatsoever. The Successor Trustee reserves the right to sell the tracts together or in separate parcels and in such manner or order deemed appropriate by the Successor Trustee.
Interested Parties: Johnnie B. Weaver, Barbara A. Weaver, Capital One Bank (USA), N.A., US Bank, and any current tenant or occupant
This is an attempt to collect a debt, and all information obtained will be used for that purpose.
ADAM C. CRIDER, Successor Trustee
105 S. Highland Avenue
Jackson, TN 38301
DATES OF PUBLICATION:
October 15, 2020
October 22, 2020
October 29, 2020
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 November 9, 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: (470) 508-9401