NOTICE OF FORECLOSURE SALE
STATE OF TENNESSEE, HAYWOOD COUNTY
WHEREAS, Charles A. Tims, and Melody M. Tims executed a Deed of Trust to Mortgage Electronic Registration Systems, Inc. as nominee for American Equity Mortgage, Inc., Lender and Chris Anderson, Trustee(s), which was dated November 23, 2004 and recorded on December 20, 2004 in Book 273, Page 692, Haywood County, Tennessee Register of Deeds.
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, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, (the ìHolderî), appointed the undersigned, Brock & Scott, PLLC, 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, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on June 27, 2018, at 1:00PM at the usual and customary location at the Haywood County Courthouse, Brownsville, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Haywood County, Tennessee, to wit:
THE FOLLOWING DESCRIBED LOT OR PARCEL OF LAND SITUATED, LYING AND BEING IN THE 6TH CIVIL DISTRICT OF HAYWOOD COUNTY, TENNESSEE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
TRACT ONE: BEGINNING AT A COTTON PICKER SPINDLE FOUND WITH IDENTIFICATION WASHER AFFIXED STAMPED ìJENKINS 2031î IN THE CENTER LINE INTERSECTION OF CLIFF CREEK ROAD (50í RIGHT OF WAY), COBURN ROAD (50 FOOT RIGHT OF WAY) AND THE ABANDONED BROWSVILLE AND DENMARK ROAD IN THE SOUTHLINE OF NAOMI C. MARCOM, WILL BOOK N, PAGE 426; THE NORTHEAST CORNER OF JOSEPH M. STOKELY, DEED BOOK 237, PAGE 432, OF WHICH THIS 5.29 ACRE PARTITION IS A PART; THENCE 00 DEGREE 03 MINUTES 32 SECONDS EAST 400.00 FEET LEAVING AFOREMENTIONED CENTERLINE INTERSECTION AND THE SOUTH LINE OF MARCOM WITH THE CENTERLINE OF CLIFF CREEK ROAD TO A COTTON PICKER SPINDLE SET WITH THE IDENTIFICATION WASHER AFFIXED STAMPED ìJENKINS 2031î THE SOUTH EAST CORNER OF SAID PARTITION; THENCE SOUTH 61 DEGREES 50 MINUTES 19 SECOND WEST LEAVING SAID CENTERLINE WITH A NEWLY CREATED SEVERANCE LINE OF STOKELY PASSING A 1/2 IN BY 18 INCH ROD SET WITH IDENTIFICATION CAP AFFIXED STAMPED ìJENKINS 2031î (WHICH IS TYPICAL FOR ALL MONUMENT REFERRED TO HERE IN AS SET) AT 28.34 FEET BUT CONTINUING FOR AN OVERALL DISTANCE OF 577.20 FEET TO A MONUMENT SET THE SOUTHWEST CORNER OF SAID PARTITION; THENCE NORTH 30 DEGREES 42 MINUTES 37 SECONDS WEST 331.88 FEET WITH AFOREMENTIONED SEVERANCE LINE TO A MONUMENT SET IN THE SOUTH LINE OF THE CENTERLINE OF THE ABANDONED BROWNSVILLE AND DENMARK ROAD, FROM WHICH A MONUMENT FOUND THE NORTHWEST CORNER OF STOKELY BEARS SOUTH 60 DEGREES 44 MINUTES 26 SECONDS WEST 838.79 FEET, THENCE NORTH 60 DEGREES 44 MINUTES 26 SECONDS EAST 290.20 FEET WITH THE SOUTH LINE OF MARCOM ALONG THE CENTERLINE OF THE ABANDON BROWNSVILLE AND DENMARK ROAD TO A MONUMENT SET, THENCE NORTH 60 DEGREES 00 MINUTE 04 SECONDS EAST CONTINUE NO WITH THE SOUTH LINE OF MARCOM AND AFOREMENTIONED BROWNSVILLE AND DENMARK ROAD PASSING A MONUMENT SET IN THE SOUTH RIGHT OF WAY LINE OF COBURN ROAD AT 213.44 FEET BUT CONTINUING FOR AN OVERALL DISTANCE OF 490.49 FEET TO THE POINT OF BEGINNING, CONTAINING 5.29 ACRES BY CALCULATION. THIS PROPERTY IS SUBJECT TO A 0.29 ACRE RIGHT OF WAY OCCUPIED BY THE CLIFF CREEK AND COBURN ROADS LEAVING 5.00 ACRES NET.
TRACT TWO: BEGINNING AT A 1/2 INCH ROD BOUND WITH IDENTIFICATION CAP AFFIXED STAMPED ìJENKINS 2031 (WHICH IS TYPICAL FOR ALL IRON RODS REFERRED TO HEREIN AS FOUND) IN THE CENTERLINE OF THE ABANDONED BROWNSVILLE AND DENMARK ROAD, AT THE SOUTHWEST CORNER OF NAMOMI C. MARCOM, WILL BOOK N, PAGE 426, IN THE EAST LINE OF CHRISTOPHER C. COBURN, DEED BOOK 235, PAGE 384, AND THE NORTHEAST CORNER OF JOSEPH M. STOKELY, DEED BOOK 237, PAGE 432, OF WHICH THIS 6.71 ACRE PARTITION IS A PART; THENCE NORTH 60 DEGREES 44 MINUTES 26 SECONDS EAST 838.79 FEET LEAVING THE EAST LINE OF COBURN WITH THE SOUTH LINE OF MARCOM ALONG THE GENERAL ALIGNMENT OF THE AFOREMENTIONED ABANDONED ROAD TO A MONUMENT FOUND THE NORTHWEST CORNER OF TEE 5.29 ACRE PARTITION OF STOKELY AS SURVEYED BY KEY DEVELOPMENT COMPANY ON OCTOBER 11, 2000; THENCE SOUTH 30 DEGREES 42 MINUTES 37 SECONDS EAST 331.88 FEET LEAVING THE SOUTH LINE OF MARCOM WITH THE WEST LINE OF AFOREMENTIONED 5.29 ACRE PARTITION TO A MONUMENT FOUND, THE SOUTHWEST CORNER OF SAID 5.29 ACRE, PARTITION; THENCE SOUTH 61 DEGREES 50 MINUTES 19 SECONDS WEST 970.79 FEET WITH A NEWLY CREATED SEVERANCE LINE OF STOKELY TO A 1/2 INCH BY 18 INCH ROD SET WITH IDENTIFICATION CAP AFFIXED STAMPED ìJENKINS 2031î IN THE EAST LINE OF COBURN; THENCE NORTH 07 DEGREES 45 MINUTES 00 SECOND WEST 336.62 FEET WITH THE EAST LINE OF COBURN TO THEN POINT OF BEGINNING, CONTAINING 6.71 ACRES BY CALCULATION.
BEING A PORTION OF SAME PROPERTY CONVEYED TO CHARLES A. TIMS AND WIFE, MELODY M. TIMS, AS TENANTS BY THE ENTIRETY BY DEED DATED NOVEMBER 27, 2000, FROM JOSEPH M. STOKELY AND WIFE SUE C. STOKELY, RECORDED NOVEMBER 28, 2000 IN DEED BOOK 240, PAGE 574 IN THE REGISTERíS OFFICE FOR HAYWOOD COUNTY TENNESSEE. THE DERIVATION OF SAME BEING: The same being property conveyed by Deed executed by JOSEPH M. STOKELY AND WIFE SUE C. STOKELY, on 11-27-2000, as recorded on 11-28- 2000 at Book/Liber 240, Page/Folio 574, in the land records of HAYWOOD COUNTY. Parcel Identification Number: 092-002.01
Parcel ID Number: 092 00201 000
Address/Description: 1385 Cliff Creek Road, Brownsville, TN 38012.
Current Owner(s): CHARLES A. TIMS AND WIFE, MELODY M. TIMS.
Other Interested Party(ies): Midland Funding, LLC as successor in interest to Credit One Bank, N.A..
The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property 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; a deed of trust; and any matter than 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, and 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 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 office is attempting to collect a debt. Any information obtained will be used for that purpose.
Brock & Scott, PLLC, Substitute Trustee
c/o Tennessee Foreclosure Department
4360 Chamblee Dunwoody Road, Ste 310
Atlanta, GA 30341
PH: 404-789-2661 FX: 404-294-0919
File No.: 18-06049 FC01