NOTICE OF FORECLOSURE SALE
WHEREAS, on, July 3, 2003, The Emree Group, L.P., a Tennessee Limited Partnership executed a Deed of Trust, (ADeed of [email protected]) in favor of Larry A. Butler, Trustee, to secure a promissory note described therein (the ìNoteî), the same being payable to BancorpSouth Bank with said Deed of Trust being of record in the Register=s Office of Haywood County, Tennessee in Trust Deed Book 256 Page 197 and modified in Record Book 144 Page 414 in the Registerís Office for Haywood County, Tennessee to which reference is hereby made; and
WHEREAS, default has been made in the payment of the Note; and
WHEREAS, the said Larry A. Butler, Trustee, is unable to act as Trustee under the Deed of Trust, and I, Jerry P. Spore have been appointed Substitute Trustee (ìTrusteeî) by the owner and holder of the Note by an instrument of record in Record Book 167 Page 305 in the Registerís Office for Haywood County, Tennessee; and
WHEREAS, the owner and holder of the Note has demanded that the hereinafter described real property be advertised and sold in satisfaction of indebtedness and costs of foreclosure in accordance with the terms and provisions of the Note and Deed of Trust; and
WHEREAS, the (Substitute) Trustee conducted a diligent search of the Defense Manpower Data Center (DMDC) website for each known borrower in compliance with the Service Members Civil Relief Act (SCRA) and determined that borrower were 1) not members of the Armed Forces of the United States of America and had not been members of any such service or force for at least twelve (12) months prior to the date of the foreclosure sale or 2) were members of the Armed Forces of the United States of America at the time that the security agreement was executed and as such, the foreclosure and sale of this property is not subject to the SCRA provisions of 50 USC ß 501 et. seq.; and
NOW THEREFORE, notice is hereby given that I, Jerry P. Spore, Trustee, pursuant to the power, duty, and authority vested in and conferred upon me, by the Deed of Trust, will on Wednesday, January 9, 2019, at 1:45 p.m. at the front door of Haywood County Courthouse in Brownsville, Tennessee, offer for sale to the highest bidder for cash, certified check, or cashierís check, and free from all legal, equitable, and statutory rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other exemptions of every kind, all of which have been waived in the Deed of Trust, certain real property located in Haywood County, Tennessee, described as follows:
Tax Map 67 Parcel 13.15
COMMENCING at a point being the intersection of the south right-of-way of North Washington, 33 feet from center, and the west margin of East College Extended, 30 feet from center; thence along the west margin of East College Extended, 30 feet from center, with the following locative calls: South 5 degrees 07í 20î East 511.00 feet; South 5 degrees 07í 20î East 185.33 feet; South 2 degrees 58í56î East 64.41 feet to a point being the northeast corner of Lot 2, Hatcher Place Subdivision, as recorded in Plat Book 2, Page 266, Slide 233, Registerís Office, Haywood County Courthouse, Brownsville, Tennessee, said point also being the point of beginning of the following described lot; thence along the west margin of East College Extended, 30 feet from center, with the following calls: South 2 degrees 58í 56î East 167.47 feet; South 0 degrees 03í 24î East 52.53 feet to a point being the southeast corner of Lot 2, Hatcher Place; thence South 86 degrees 06í 57î West 279.86 feet along the south line of Lot 2, Hatcher Place to a point; thence North 3 degrees 53í 01î West 219.86 feet across Lot 2, Hatcher Place with a new line to a point in the north line of Lot 2, Hatcher Place; thence North 86 degrees 06í 57î East 286.00 feet along the north line of Lot 2, Hatcher Place to the point of beginning, containing 1.43 acres as surveyed by Walter R. Powell, RLS 832 on September 30, 2002.
BEING the same property conveyed to The Emree Group, LP, a Tennessee Limited Partnership by Warranty Deed of record in Deed Book 253, Page 317, in the Registerís Office of Haywood County, Tennessee
The address of the above described property is 1215 College Street Brownsville, Tennessee 38012.
All right and equity of redemption, statutory and otherwise, homestead and dower, are expressly waived in the said Deed of Trust. Title is believed to be good, but the Trustee will make no covenant of seisin, marketability of title or warranty of title express or implied and sell and convey only as Substitute Trustee.
The property shall be sold AS IS, WHERE IS AND WITH ALL FAULTS and without any representations or warranties of any kind whatsoever, whether express or implied
The sale of the property shall be made subject to any and all prior liens, encumbrances, deeds of trust, easements, restrictions, building lines, unpaid taxes and assessments (plus penalty and interest, if any) and matters of record, plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust. Further, such sale is also subject to any matter that on site inspection or accurate survey of the property might disclose.
The Trustee reserves the right to make oral announcements at the time of the public sale which shall apply to the terms of the sale and further, reserves the right to adjourn the day of sale to another day certain without further publication, upon announcement at the time set forth above.
PCC Leasing, LLC
9486 Highway 412 W.
Lexington, TN 38351
301 East Main Street
Jackson, Tennessee 38301
JERRY P. SPORE
Spragins, Barnett & Cobb, PLC
312 E Lafayette
Jackson, TN 38301