11/27/19

NOTICE OF FORECLOSURE SALE (309 & 316 Key Corner Drive)
WHEREAS, on, January 31, 2018, Hermann Lohoury executed a Deed of Trust, (ADeed of [email protected]) in favor of Jacob Holmes, Trustee, to secure a promissory note described therein (the ìNoteî), the same being payable to Phoenix Investments with said Deed of Trust being of record in Record Book 159, Page 757, in the Registerís Office for Haywood County, Tennessee (the ìRegisterís Officeî) to which reference is hereby made; and
WHEREAS, default has been made in the payment of the Note; and
WHEREAS, the said Jacob Holmes, Trustee, is unable to act as Trustee under the Deed of Trust, and I, Nicholas B. Latimer have been appointed Substitute Trustee (ìTrusteeî) by the owner and holder of the Note by an instrument of record in Record Book 179, Page 873 in the Registerís Office; 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, Nicholas B. Latimer, Trustee, pursuant to the power, duty, and authority vested in and conferred upon me, by the Deed of Trust, will on Friday, December 6, 2019, at 1:00 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:
Tract 1:
Map 75C, Group D, Parcel 19.00
COMMENCING at a point being the intersection of the center of Wilson Street and the north margin ok Key Corner Street; the north margin of Key Corner Street being 21.5 feet from center; thence North 84 degrees 34 minutes 20 seconds West 282.30 feet along the north margin of Key Corner Street, 21.5 feet from center, to a point, said point being the southeast corner and the point of beginning of the following described tract; thence North 84 degrees 34 minutes 20 seconds West 177.28 feet along the north margin of Key Corner Street, 21.5 feet from center to a point; thence North 578.12 feet along the west line of Shaw to a point; thence North 88 degrees 19 minutes 47 seconds East 177.55 feet along a south line of Martin and Powell to a point; thence South 0 degree 05 minutes 40 seconds West 600.07 feet along the west line of Martin and Powell, Singleton, Bridgewater, Peters, Wills, Caldwell, Bennett and Moore to the point of beginning, containing 2.3935 acres as calculated by Walter R. Powell, RLS 832, from a previous survey.
INCLUDED IN THE ABOVE DESCRIPTION BUT EXPRESSLY EXCLUDED FROM THIS CONVEYANCE IS THE FOLLOWING TRACT OF LAND:
UNIT 8: COMMENCING at a point being the intersection of the center of Wilson Street and the north margin of Key Corner Street being 21.5 feet of center and also being the north edge of the concrete sidewalk on the north side of Key Corner Street; thence North 84 degrees 34 minutes 20 seconds West 370.23 feet along the north margin of Key Corner Street to a point in the center of an ingress and egress easement; thence North 0 degree 07 minutes 58 seconds East 335.05 feet along the center of said ingress and egress easement to a point being the southwest corner and the point of beginning of the following described tract; thence North 0 degree 07 minutes 58 seconds East 104.97 feet along the east line of Unit 4; to a point being the northeast corner of Unit 4; thence North 89 degrees 46 minutes 59 seconds East 87.26 feet across Hayes with a new line to a point in the east line of Hayes; thence South 0 degree 05 minutes 40 seconds West 104.97 feet along the east line of Hayes to a point being the northeast corner of Unit 7; thence South 89 degrees 46 minutes 59 seconds West 87.33 feet along the north line of Unit 7 to the point of beginning, containing .21 acres as surveyed by Walter R. Powell, RLS 832, on April 18, 1995.
The address of Tract 1 is 309 Key Corner, Brownsville, Tennessee 38012.
Tract 2:
Map 75C, Group H, Parcel 8.00
Parcel I ñ Unit 8: COMMENCING at a point being the intersection of the center of Wilson Street and the north margin of Key Corner Street being 21.5 feet of center and also being the north edge of the concrete sidewalk on the north side of Key Corner Street; thence North 84 degrees 34 minutes 20 seconds West 370.23 feet along the north margin of Key Corner Street to a point in the center of an ingress and egress easement; thence North 0 degree 07 minutes 58 seconds East 335.05 feet along the center of said ingress and egress easement to a point being the southwest corner and the point of beginning of the following described tract; thence North 0 degree 07 minutes 58 seconds East 104.97 feet along the east line of Unit 4; to a point being the northeast corner of Unit 4; thence North 89 degrees 46 minutes 59 seconds East 87.26 feet across Hayes with a new line to a point in the east line of Hayes; thence South 0 degree 05 minutes 40 seconds West 104.97 feet along the east line of Hayes to a point being the northeast corner of Unit 7; thence South 89 degrees 46 minutes 59 seconds West 87.33 feet along the north line of Unit 7 to the point of beginning, containing .21 acres as surveyed by Walter R. Powell, RLS 832, on April 18, 1995.
Parcel II: BEGINNING at a stake in the northwest corner of W. F. Covington (now Scott) in Key Corner Street; runs thence west with said street 105 feet to a stake in the Willie Ouryís northeast corner; thence south with the east line of said Oury lot 13 poles to a stake; thence east 105 feet to a stake in Covington, now Scott, west line; thence north with Scottís west line to the beginning.
The address of Tract 2 is 316 Key Corner, Brownsville, Tennessee 38012.
Tract 1 & 2 BEING the same property conveyed to Hermann Lohoury by Warranty Deed of record in Record Book 159, Page 754, in the Registerís Office of Haywood County, Tennessee
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.
INTERESTED PARTIES:
Phoenix Investments
227 Oil Well Road
Jackson, Tennessee 38305
RB 159 P762
West Tennessee Bank
1270 Union University Drive, Suite D
Jackson, Tennessee 38305
RB 159 P888
NICHOLAS B. LATIMER
Trustee
Spragins, Barnett & Cobb, PLC
312 E Lafayette
Jackson, TN 38301
(731) 424-0461

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