Notice of Substitute Trustee’s Foreclosure Sale
WHEREAS, Jerry Kinchen and Amy Kinchen executed a Deed of Trust to Charles Patrick Flynn, Trustee for the benefit of Mortgage Electronic Registration Systems, Inc., as nominee for M&I Bank FSB, on July 12, 2010 and recorded on October 30, 2013 in Book 380, Page 217, Instrument No. 47504 in the Office of the Register of Chester County, Tennessee.
WHEREAS, default having been made in the payment of the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the current holder of said Deed of Trust M&T Bank (the “Holder”), appointed the undersigned, McMichael Taylor Gray, LLC, as Substitute Trustee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and that as agent for the undersigned, McMichael Taylor Gray LLC, Substitute Trustee, by virtue of the power and authority vested in it, will on October 25, 2023, at 11:00am at Chester County Courthouse,133 East Main Street, Henderson, TN 38340, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Chester County, TN:
Beginning on an iron stake in the northern right of way line of the Friendship-Masseyville black topped road, this point being located south 64-13 east 100 feet from the southwest corners of McNeil’s tract of land; runs thence through McNeil’s tract of land north 70-14 east 90.19 feet to a large sweet gum tree; runs thence south 89-19 east 256.66 feet to an iron stake in the west margin of a field road; runs thence with the west margin of said field road south 1-23 east 235.80 feet to a point in the northern right of way line of said Black Topped Road; runs thence with the northern right of way line of said black topped road with a curve in road to the left with an arc length of 367 feet to a point in the northern right of way line of black topped road ; runs thence with the northern right of way line of black topped road north 64-13 west 38.50 feet to the point of beginning containing 0.952 acres, more or less, and being the same legal description as contained in the previous deed of record.
This is the identical real estate conveyed to Jerry Kinchen and wife, Amy Kinchen from Alfred Brandon Garner by Warranty Deed dated August 4, 2000, of record in the register’s office of Chester County, Tennessee in record book 187, page 702
Street Address: 4005 Old Friendship Rd, Finger, TN 38334
Parcel Number: 081 03802 00012081
Current Owner: Jerry Kinchen and Amy Kinchen
Other Interested Party(ies): Secretary of Housing and Urban Development
If the United States or the State of Tennessee have any liens or claimed lien(s) on the Property, and are named herein as interested parties, timely notice has been given to the applicable governmental entity, and the sale will be subject to any applicable rights of redemption held by the entity as required by 26 U.S.C. § 7425 and/or Tennessee Code § 67-1-1433.
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; any matter that an accurate survey of the premises might disclose; any prior liens or encumbrances as well as any priority created by a fixture filing; any deed of trust; and any matter that an accurate survey of the premises might disclose; and
All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust. The undersigned will sell and convey only as Substitute Trustee. 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.
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 office is attempting to collect a debt. Any information obtained will be used for that purpose.
McMichael Taylor Gray LLC
Substitute Trustee
3550 Engineering Drive
Suite 260
Peachtree Corners, GA 30092
Office: 404-474-7149
Fax: 404-745-8121
MTG File No.: TN2023-00620
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 July 10, 2020, and the Deed of Trust of even date securing the same, recorded August 27, 2020, in Book No. 463, at Page 456, in Office of the Register of Deeds for Chester County, Tennessee, executed by David A Falkenheim and Victoria Falkenheim, conveying certain property therein described to American Guaranty Title Insurance Company as Trustee for Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for AmeriHome Mortgage Company, LLC, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by M & T Bank.
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 M & T Bank, will, on December 6, 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 following real estate located in the Fourth Civil District, Chester County, Tennessee, more particularly bounded and described as follows, to wit: Being Lot No. 9 in the Evergreen Subdivision as shown on the plat of record in Plat Cabinet 1, Section 4, page 145, in the Register’s Office of Chester County, Tennessee, reference to which plat is hereby made for a more particular description of said lot showing its location and the length and direction of its boundary lines.
ALSO KNOWN AS: 165 Cedar Field Ln, 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:
DAVID A FALKENHEIM TENANTS OF
VICTORIA FALKENHEIM
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. 357146
DATED October 2, 2023
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
