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 November 15, 2017, and the Deed of Trust of even date securing the same, recorded November 30, 2017, in Book No. 428, at Page 107, in Office of the Register of Deeds for Chester County, Tennessee, executed by John M Butler and Janet L Butler, conveying certain property therein described to R. Kirkland Moser as Trustee for Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for Paramount Equity Mortgage, LLC, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by NewRez LLC d/b/a Shellpoint Mortgage Servicing.
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 NewRez LLC d/b/a Shellpoint Mortgage Servicing, will, on December 20, 2023 on or about 11:00 AM, at the Chester County Courthouse 133 East Main Street, Henderson, TN 38340, 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:
The land described herein is situated in the State of Tennessee, County of Chester, described as follows; BEGINNING at a stake in the center of the Henderson and Mifflin Road at the northwest corner of the property belonging to Lucille Maness; runs thence north 5 degrees west with the center of the Henderson and Mifflin road a distance of 1,140 feet to a stake in the center of the Vestal Road; thence with the center of the Vestal Road as follows; south 55 degrees east 530 feet; north 77 degrees 45 minutes east 377 feet; south
79 degrees 30 minutes east 347 feet; north 57 degrees east 264 feet; north 79 degrees 15 minutes east 134 feet to a stake at the northwest corner of property belonging to Roy Vestal; thence south 1 degree 15 minutes west with Vestal’s west line a distance of 1,019 feet to a stake; thence due west with the north line of the Lucille Maness tract a distance of 1,367 feet to the point of beginning. Legal description revised pursuant to attorney’s affidavit to be filed at foreclosure.
ALSO KNOWN AS: 3275 Peddy Vestal Loop, 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-
JOHN M BUTLER JANET L BUTLER TENANTS OF
ESTATE OF JOHN BUTLER HEIR(S) OF JOHN BUTLER DEXTER BUTLER HUNTER BUTLER
LOGAN BUTLER CLINT COX KENT COX
GINGER ARROYO JOHN BUTLER JEANETTE BUTLER
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 and that notices of said postponement for inclement weather will be mailed to interested parties of record. W&A No. 357540
DATED October 30, 2023
WILSON & ASSOCIATES, P.L.L.C.,
NOTICE OF TRUSTEE’S FORECLOSURE SALE
Sale at public auction will be on December 7, 2023 at 11:00 a.m. local time at the usual and customary location at the front entrance to the Chester County Courthouse, 133 East Main Street, Henderson, TN 38340, pursuant to the Deed of Trust executed by Hasting Paul Woody and Candace Marlene Woody for the benefit of the United States of America acting through the Rural Housing Service or successor agency, United States Department of Agriculture, dated September 9, 2005, of record in Book 273 Page 447 in the Register of Deeds Office for Chester County, Tennessee, (“Deed of Trust”), conducted by James E. Albertelli, P.A. d/b/a ALAW, a Florida corporation duly authorized to conduct business in Tennessee, having been appointed Trustee, all of record in the Register of Deeds Office for Chester County, Tennessee. 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: Secretary, United States Department of Agriculture, Rural Development
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:
BEGINNING AT AN IRON PIN SET IN THE EAST MARGIN OF OLLIE DRIVE, WHICH POINT IS THE SOUTHWEST CORNER OF LOT 49 AND THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, FROM THE POINT OF BEGINNING, AND WITH THE SOUTH LINE OF LOT 49, SOUTH 87 DEGREES 29’ 59” EAST 449.75 FEET TO AN IRON PIN FOUND IN THE WEST LINE OF JAMES PITTS; THENCE WITH THE WEST LINE OF PITTS SOUTH 00 DEGREES 53’ 45” WEST 120.05 FEET TO AN IRON PIN SET AT THE NORTHEAST CORNER OF LOT 47; THENCE, WITH THE NORTH LINE OF LOT 47, NORTH 87 DEGREES 29’ 59” WEST 453.11 FEET TO AN IRON PIN SET IN THE EAST MARGIN OF OLLIE DRIVE; THENCE, WITH THE EAST MARGIN OF OLLIE DRIVE, NORTH 02 DEGREES 30’ 01” EAST 120.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.2 ACRES, AND BEING LOT 48, DEER POINTE ESTATES, PHASE III, 265 OLLIE DRIVE, AS SURVEYED BY ADVANCED LAND SURVEYING, INC., R. L. S. #1999, ON MAY 23, 2005.
SUBJECT TO CERTAIN SETBACKS, RESTRICTIONS, EASEMENTS AND ALL OTHER MATTERS OF RECORD AS SHOWN ON THE PLAT OF RECORD IN PLAT CABINET, SECTION 5, PAGE 85, IN THE REGISTER’S OFFICE OF CHESTER COUNTY, TENNESSEE.
SUBJECT TO THE RESTRICTIVE COVENANTS OF RECORD AS SHOWN IN THE REGISTER’S OFFICE OF CHESTER COUNTY, TENNESSEE, IN RECORD BOOK 266, PAGE 615.
BEING THE SAME PROPERTY CONVEYED TO HASTING PAUL WOODY AND WIFE, CANDACE MARLENE WOODY ON 09/09/2005, BY WARRANTY DEED FROM EDDIE MATTHEWS, D/B/A EDDIE MATTHEWS CONSTRUCTION COMPANY, OF RECORD IN THE REGISTER’S OFFICE OF CHESTER COUNTY, TENNESSEE, IN RECORD BOOK 273, PAGE 445.
Street Address: The street address of the property is believed to be 265 Ollie Lane, 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: 04 035 035 006.48 000
Current owner(s) of the property: Hasting Paul Woody and Candace Marlene Woody
This sale is subject to all matters shown on any applicable recorded Plat or Plan; and 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 right of redemption of any governmental 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 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 the 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 Albertelli Law Trust Account. 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 Trustee at any time.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
James E. Albertelli, P.A. d/b/a ALAW, Trustee
401 Commerce Street, Suite 150
Nashville, TN 37219
PH: (615) 265-0835
FX: (615) 265-0836
File No.: 23-010170