NOTICE OF FORECLOSURE SALE
WHEREAS, on October 24, 2014, Eldridge Davis and wife, Sophie Davis (collectively the ìBorrowerî) executed an Open End Deed of Trust, (the ìDeed of Trustî) to Bobby Tate, Trustee, in trust, to secure a promissory note indebtedness in the original principal amount of 61,750.00 (the ìNoteî), the same being payable to Community Bank, a Tennessee Corporation; said Note being payable as set out in the Deed of Trust aforesaid, which is of record in the Registerís Office of Haywood County, Tennessee, in Record Book 125 Page 129 and as modified to secure an indebtedness of $67,227.80 by instrument of record in Record Book 167 Page 154 in the Registerís Office of Haywood County, Tennessee, to which reference is hereby made; and
WHEREAS, the said Bobby Tate, Trustee, was unable to act as Trustee under the Deed of Trust, and Jerry P. Spore has been appointed Substitute Trustee, by Community Bank, as the owner and holder of the Note by an instrument of record in Record Book 171 Page 325, Registerís Office for Haywood County, Tennessee; and
WHEREAS, default has been made in the payment of the Note and the obligations owing therein and secured by the Deed of Trust have been accelerated and are new due and payable in full; 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 each 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
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
NOW THEREFORE, notice is hereby given that I, Jerry P. Spore, Substitute Trustee, pursuant to the power, duty and authority vested in and confered by the Deed of Trust, will on Friday, March 20, 2020, at 11:45 a.m., at the front door of the Haywood County Courthouse on Court Square in Brownsville, Tennessee, offer for sale to the highest bidder for cash, 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:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF HAYWOOD, STATE OF TENNESSEE, AND IS DESCRIBED AS FOLLOWS:
TRACT I: 1696 Bond Ferry Road, Brownsville, TN (Map 97 Parcel 26.03)
BEGINS at a stake in the North margin of the Byars Store to Van Buren Landing Road, a blacktop road, said beginning point being the Southwest corner of a lot or parcel of land heretofore conveyed by Dan Nixon and wife, to Otis Jones and wife, by deed in Deed Book 105, Page 104, Registerís Office, Haywood County, Tennessee; Thence with the West line of Otis Jones North 273 feet to a stake, the northwest corner of said Jones lot; Thence Parallel with the Byars Store to Van Buren Landing Road North 86 degrees 22 minutes West 160 feet to a stake; thence parallel with the East line of this tract South 273 feet to a stake in the North margin of said road; thence with the North margin of the said road North 86 degrees 22 minutes East 160 feet to the point of beginning, containing 1 acre, more or less.
Being the same property conveyed to Eldridge Davis by deed of record in Record Book 100, page 237, in the Registerís Office of Haywood County, Tennessee.
TRACT II: 1643 Bond Ferry Road, Brownsville, TN (Map 97 Parcel 39.00)
BEGINNING at a stake in the south margin of Bondís Ferry Road and 25 feet from the center of same, said stake being the northeast corner of a lot in the name of Sam Edward Powell; runs thence south 86 degrees 55 minutes east with the south margin of said road 129.5 feet to a stake, said stake being the northeast corner of the original 50 acre Powell Tract and the northwest corner of Mann; runs thence south the west line of Mann, 348.99 feet to a stake; runs thence north 86 degrees 55 minutes west 129.5 feet to a stake, said stake being the southeast corner of Sam Edward Powell: runs thence north with the east line of Powell, 348.99 feet to the point of beginning and containing 1 acre, more or less.
Being the same property conveyed to Eldridge Davis and wife, Sophie Davis by deed of record in Record Book 120, page 822, in the Registerís Office of Haywood County, Tennessee.
Such sale will be in bar of all right and equity of redemption, statutory and otherwise, homestead and dower, are expressly waived in the said Trust Deed. 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 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), plus any and all other matters and encumbrances superior in right to the lien of the Trust Deed. Further, such sale is also subject to any matter that onsite inspection or accurate survey of the property might disclose. The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above. The Trustee reserves the right to reject any and all bids and to make such oral announcements at the time of the sale which shall apply to the terms thereof. The following are interested persons as to the Property: Haywood County Solid Waste
c/o Michael Banks, Attorney
108 S. Washington
Brownsville, TN 38012
Record Book 156 Page 639 and
Record Book 150 Page 682
JERRY P. SPORE
Spragins, Barnett & Cobb, PLC
312 E Lafayette
Jackson, TN 38301