NOTICE OF SUBSTITUTE TRUSTEEíS SALE
WHEREAS, by Deed of Trust and Fixture Filing, Assignment of Rents and Security Agreement dated June 29, 2016 (the ìDeed of Trustî), of record in Book 143, Page 1, in the Office of the Register of Deeds of Haywood County, Tennessee (the ìRegisterís Officeî), Blurton Capital, LLC, a Tennessee limited liability company (the ìBorrowerî), did convey in trust to William P. Moss, III, as Trustee, certain property described therein to secure payment of a debt in the original principal sum of $6,422,542.34, payable to Southern Industrial Mechanical Maintenance Company, LLC, a Tennessee limited liability company (ìOriginal Lenderî). Said Deed of Trust is incorporated herein by reference;
WHEREAS, said Deed of Trust was assigned by Original Lender to IberiaBank, a Louisiana state chartered banking corporation (the ìLenderî), by Collateral Assignment of Deed of Trust of record in Book 143, Page 28, in said Registerís Office.
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 597, 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: 676 Blakemore, 804 E. Jefferson, 1453 Marvin Chapel Rd, and 477 Houston St, all in Haywood County, Tennessee, and is also designated as parcel numbers 066N-H-025.00, 075E-D-001.00, 094-013.03, and 066K-C- 006.00, 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 67-1-1433(c)(1).
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 67-1-1433(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
Memphis, TN 38103
Attention: Michael C. Patton
BEGINNING AT A STAKE IN THE SOUTH MARGIN OF WHAT IS KNOWN IN THE YEAR 1969 AS BLAKEMORE STREET IN BROWNSVILLE, TENNESSEE, SAID STAKE LYING 10 FEET EAST ALONG THE SOUTH MARGIN OF SAID STREET FROM THE NORTHEAST CORNER OF LOT NO. 1 OF THIS SUBDIVISION, ALSO THE NORTHEAST CORNER OF A LOT IN THE NAME OF HELEN CASON, SEE DEED BOOK 106, PAGE 343, AND THE NORTHWEST CORNER OF THE HEREIN DESCRIBED LOT; RUNS THENCE SOUTH WITH THE EAST BOUNDARY LINE OF THE CASON LOT 100 FEET TO A STAKE; RUNS THENCE EAST 68 FEET TO A STAKE; RUNS THENCE NORTH 100 FEET TO A STAKE IN THE SOUTH MARGIN OF BLAKEMORE STREET; RUNS THENCE WEST WITH THE SOUTH MARGIN OF SAID STREET 68 FEET TO THE POINT OF BEGINNING. SAID LOT BEING THE MAJOR PORTION OF LOT NO. 2 AND 18 FEET OFF THE WESTERN EDGE OF LOT NO 3, BLOCK F, SCOTT HEIGHTS SUBDIVISION, SEE PLAT BOOK 1, PAGES 164, 180 AND 181, REGISTERíS OFFICE, HAYWOOD COUNTY,TENNESSEE.
804 E. Jefferson
Beginning at a stake at the intersection of Jefferson Street and a public land, runs thence south 150 feet to a stake; runs thence east 60 feet to a stake; runs thence north 150 feet to a stake; runs thence west 60 feet to the point of beginning, and being a part of parcel of a lot bought from Robert Read by Anna Green.
1453 Marvin Chapel
Beginning at an iron pin in the West margin of the Marvin Chapel Road, said pin being located 22 feet from the centerline of said road, and being South 07 degrees 32 minutes West a distance of 269.8 feet from the Southeast comer of Sam Owens lot; runs thence South 07 degrees 32 minutes West with the west margin of Marvin Chapel Road a distance of 145 feet to an iron pin; runs thence North 82 degrees 28 minutes West a distance of 150 feet to an iron pin; runs thence North 07 degrees 32 minutes East a distance of 145 feet to an iron pin; runs thence South 82 degrees 28 minutes East a distance of 1150 feet to the point of beginning.
Being Lot No. 44, Fleming Estates, a plat of which appears of record in Plat Book 2, Page 98, Registerís Office, Haywood County, Tennessee.