1/23/19

NOTICE OF SUBSTITUTE TRUSTEEíS SALE
WHEREAS, by Deed of Trust and Fixture Filing, Assignment of Rents and Security Agreement dated May 28, 2014 (the ìDeed of Trustî), of record in Book 121, Page 368, in the Office of the Register of Deeds of Haywood County, Tennessee (the ìRegisterís Officeî). Blurton Capital, LLC, a Tennessee nonprofit corporation, did convey in trust to Greg Smithers, as Trustee, certain property described therein to secure payment of a debt in the original principal sum of $1,557,000.00, payable to IberiaBank, a Louisiana banking corporation (the ìLenderî). Said Deed of Trust is incorporated herein by reference;
WHEREAS, Lender is the true and lawful owner and holder of the debt aforesaid which is secured by the Deed of Trust (the ìDebtî);
WHEREAS, by Appointment of Substitute Trustee recorded on December 27, 2018, in Book 170, Page 598, in said Registerís Office, Lender, exercising its authority as such owner and holder of said Deed of Trust, appointed Michael C. Patton, as Substitute Trustee (hereinafter, the ìSubstitute Trusteeî), who is empowered to serve with all the title, powers, and duties of the original Trustee named in said Deed of Trust described above; and
WHEREAS, default has been made in the payment of Debt and obligations secured by said Deed of Trust, and Lender, as owner and holder of the obligations secured thereby, has declared the entire balance due and payable and has instructed the undersigned Substitute Trustee to foreclose said Deed of Trust in accordance with its terms and provisions;
NOW, THEREFORE, by the authority vested in me as Substitute Trustee under said instrument, I will on Friday, February 8, 2019, at 12:00 noon, at the East Door of the Haywood County Courthouse located at 1 N. Washington Street, Brownsville, Tennessee, offer for sale and sell at public auction to the highest and best bidder for cash in bar of all rights and equities of redemption, statutory and otherwise, homestead, dower and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, the property therein conveyed (the ìPropertyî), which is situated in the State of Tennessee, Haywood County, and is described as follows:
SEE ATTACHED EXHIBIT ìAî
Said Property is commonly known by the following addresses: 115 Allen Station Rd, 20 N. Washington Ave, 325 Allen Station Rd, and 970 Scott, all in Haywood County, Tennessee, and is also designated as parcel numbers 055-024.01, 075F-G-011.00, 055-034.08, and 066N-E- 028.00 but such addresses or designation is not a part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
Said sale shall be made for cash in bar of all right and equity of redemption, homestead, dower, and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, but subject to the following:
1. Any unpaid taxes against the Property; and
2. Any recorded easements, conditions, covenants, rights-of-way or subdivision plats affecting the Property; and
3. Any dedication of roads affecting the property and any governmental zoning and
subdivision ordinances or regulations in effect; and
4. Any prior or superior liens, judgment, deeds of trust or other interests of record; and
5. Rights of tenants, as tenants only, by virtue of unrecorded leases, if any.
Pursuant to T.C.A. ß 67-1-1401 et seq., the Tennessee Department of Revenue claims a lien on all property belonging to Blurton Capital, LLC, as evidenced by that certain Notice of State Tax Lien dated August 20, 2018, and recorded on August 27, 2018, in Book 166, Page 533, in said Registerís Office. Notice to the State of Tennessee as required by T.C.A. ß 67-1- 1433(b)(2) has been timely given by the undersigned Substitute Trustee. The sale of the above described property will be subject to the right of the State of Tennessee to redeem said property as provided for in T.C.A. ß 67-l-1433(c)(l).
Lender has complied with the notice provisions of 26 U.S.C. ß 7425(c) and Reg. ßß 301.7425-1, T.C.A. ßß 50-7-404(i)(2)(B) and 67-l-1433(b)(2), and Tennessee Department of Revenue Rule 1320-2-1 35 to the extent applicable.
Lender reserves the right to retain any escrows, reserves, security deposits, or other funds or rights to payment of funds and to apply the same in accordance with the terms and provisions of the Deed of Trust and related documents.
The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of sale set forth above.
The failure of any high bidder to pay the purchase price and close this sale shall, at the option of Lender, be cause for rejection of the bid, and if the bid is rejected, Lender shall have the option of making the sale to the next highest bidder who is able, capable, and willing to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust and are made a part hereof as if set forth verbatim herein.
This Notice of Sale has been posted and published in accordance with T.C.A. ß 35-5-101 et seq. and any provisions of the Deed of Trust affecting same beginning January 16, 2019.
Michael C. Patton, Substitute Trustee
BAKER, DONELSON, BEARMAN, CALDWELL
& BERKOWITZ, P.C.
165 Madison Avenue
Suite 2000
Memphis, TN 38103
Attention: Michael C. Patton
EXHIBIT ìAî
115 Allen Station
BEGINNING at an iron pin (set) in the south margin of Allen Station Road, 25.0 feet from the physical center in 1992, the northeast corner of William Burse (175/478); thence North 88 degrees 58 minutes 06 seconds East along the south margin of Allen Station Road, 662.01 feet to an iron pin (set), 25.0 feet from the physical center of said road; thence South 82 degrees 41 minutes East along the south margin of Allen Station Road, 260.0 feet to an iron pin (set), 25.0 feet from the physical center of said road and 50.0 feet from the center of the railroad tract; thence South 49 degrees 15 minutes 24 seconds West along the railroad right-of-way, being 50.0 feet from center of the tract 1.212.59 feet to a 30-inch gum tree, at southeast corner of Terry Colborn (180/686); thence North 0 degree 19 minutes West along a fence and east line of Colborn, 359.52 feet to a 6-inch gum tree, a common corner of William Burse (178/516) and (175/478) and Terry Colborn; thence North 0 degree 07 minutes East along a fence and east line of Burse 453.20 feet to the beginning, containing 8.88 acres, more or less.
20 N. Washington
Lot 1: BEGINNING at the east margin of the public square, it being the northwest corner of a lot owned by heirs of E.L- Badger; running thence east 96 feet to the land formerly owned by Bradford and Yancey (now Levy); thence north 23 feet and 9 inches to Allen and Snipes (now Allenís) corner; thence west 96 feet to the margin of the public Square and thence south 23 feet and 9 inches to the beginning.
Lot 2: BEG1NNING at a stake in the northeast corner of the house and lot now occupied and owned by Levy running thence east with J.R. Allenís line 25 feet to M. Rothschildís west boundary line 42 feel to the northeast corner of the lot owned by E.L. Badgerís heirs; thence west 25 feet to Mrs. Nammie Ashtonís corner, thence north 42 feet to the beginning.
325 Allen Station
BEGINNING at a point in the south right-of-way of the L &N Railroad in the center of a road leading south from Allen Station, which is located approximately 4 miles northeast of Brownsville, Tennessee on State Highway 76, said point being the northeast corner of a 6.33 acre tract in the name of Sam M. Smith of which this now described real estate is a part, runs thence South with the center of said road, 614.2 feet to a nail and cap, thence west through the said 6.33 acre tract in the name of Smith with a new line established this date, 475.48 feet to a stake in the east line of another tract in the name of said Smith, thence North with the east line of Smith, 178.46 feet to a stake in the South right of way of said L & N Railroad, thence North 47 degrees 30 minutes East with the railroad, 645 feet to the beginning, and containing 4.33 acres more or less.
Included but excluded from this conveyance is the following: COMMENCING at a point being the intersection of the center of Allen Station Road and the south right of way of L & N Railroad, said right of way of railroad being 50 feet from the center of main line track, said point also being the northeast corner of a tract in the name of Kelly of which the following described lot is a part; thence south 1 degree 27 minutes 12 seconds east 440.08 feet along the center of Allen Station Road to a point being the northeast corner and the point of beginning of the following described tract, metal post set on line south 85 degrees 23 minutes 07 seconds west 20.81 feet from said center of Allen Station Road; thence south 1 degree 27 minutes 12 seconds east 174.12 feet along the center of Allen Station Road to a point, metal post found on line north 89 degrees 56 minutes 34 seconds west 25.00 feet from said center of Allen Station Road; thence north 89 degrees 56 minutes 34 seconds west 141.02 feet along the south line of Kelly to a metal post set; thence across Kelly with a new line with the following locative calls: north 2 degrees 24 minutes 21 seconds west 162.49 feet; north 85 degrees 23 minutes 07 seconds east 143.89 feet to the point of beginning, containing 0.55 acres as surveyed by Walter K. Powell, RLS 832, on July 16, 1997.
COMMENCING at a point being the intersection of the center of Allen Station Road and the south right of way of L & N Railroad, said right of way or railroad being 50 feet from the center of main line track, said point also being the northeast corner of a tract in the name of Kelly of which the following described lot is a part; thence south 1 degree 27 minutes 12 seconds east 440.08 feet along the center of Allen Station Road to a point being the northeast corner and the point of beginning of the following described tract, metal post set on line south 85 degrees 23 minutes 07 seconds west 20.81 feet from said center of Allen Station Road; thence south 1 degree 27 minutes 12 seconds east 174.12 feet along the center of Allen Station Road to a point, metal post found on line north 89 degrees 56 minutes 34 seconds west 25.00 feet from said center of Allen Station Road; thence north 89 degrees 56 minutes 34 seconds west 141.02 feet along the south line of Kelly to a metal post set; thence across Kelly with a new line with the following locative calls: north 2 degrees 24 minutes 21 seconds west 162.49 feet; north 85 degrees 23 minutes 07 seconds east 143.89 feet to the point of beginning, containing 0.55 acres as surveyed by Walter R, Powell, RLS 832, on July 16, 1997.
970 Scott
Beginning at a stake in the east margin of what is known in the town of Brownsville, Tennessee in the year 1966 as Scott Avenue, said stake being the northwest corner of the herein described lot and also the southwest corner of Lot No. 4 of this subdivision; runs thence East, with the south boundary line of Lot No. 4, 100 feet to a stake, it being the southwest corner of Lot No. 4; runs thence South with the west boundary line of Lot No. 14 of this subdivision, 60 feet to a stake; runs thence West with the north boundary line of Lot No. 6, 100 feet to a stake in the east margin of Scott Avenue; runs thence North with the east margin of Scott Avenue 60 feet to the point of beginning.

Related Posts

8/14/19 VEHICLES TO BE SOLD The following vehicle will be sold for Towing & Storage charges...

8/14/19 NOTICE TO CREDITORS as required by TCA ß30-2-306 Timmy Alan Taylor, Deceased Case...

8/14/19 NOTICE OF SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on September 9,...

Leave a Reply