8/4/21

NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF REAL ESTATE 

WHEREAS, on November 28, 2007, CLAYTON R. CATES AND WIFE, LINDSEY CATES, by Deed of Trust of record in Record Book 47, at Page 153, as modified by a Modification of Deed of Trust dated June 11, 2019, of record in Record Book 175, at Page 881, in the Register’s Office of Haywood County, Tennessee, conveyed the following described property in trust to secure the payment of a Promissory Note in the original principal amount of Forty Seven Thousand and 00/100 Dollars ($47,000.00), payable to Simmons Bank, Successor by Conversion to Simmons First National Bank, Successor by Merger to First State Bank; and

WHEREAS, the undersigned was appointed Substitute Trustee by Simmons Bank, which appointment will be recorded in the Register’s Office of Haywood County, Tennessee prior to the deed evidencing this sale; and 

WHEREAS, default has been made in the payment of said indebtedness and other provisions of the Deed of Trust have been violated, and Simmons Bank, the lawful owner and holder of the indebtedness, has declared the entire amount due and payable as provided by the Deed of Trust in accordance with its terms, and instructed the undersigned to foreclose.

NOW, THEREFORE, the public is hereby notified that the undersigned Substitute Trustee will sell the hereinafter described real estate at public auction, to the highest and best bidder, for cash in hand paid, at the east door of the Courthouse at Brownsville, Haywood County, Tennessee, on Wednesday, August 18, 2021, at 10:00 o’clock a.m., said property to be sold in bar of the equity of redemption and subject to the lien of all special assessments against it.  If the highest bidder cannot pay the bid within a reasonable time to be announced at the sale, the next highest bidder will be deemed the successful bidder.

Lying, and being situated in the City of Brownsville, 7th Civil District of Haywood County, Tennessee, bounded and described as follows; to-wit:

BEGINNING at a stake in the south margin of Ingram Street and the northeast corner of the herein described Lot No. 3, Ingram Subdivision; runs thence South 0 degrees 43 minutes East 120 feet to a stake in the north boundary line of Lot No.1; thence West 13 feet to the northwest corner of Lot No. 1; thence South 32.3 feet to the northeast corner of a lot in the name of Mann & Silverstein; thence West along the north boundary line of the said Mann & Silverstein lot 100 feet to a stake; thence North 20 degrees 0 minutes East 152 feet to a stake in the south margin of Ingram Street; thence East along the south margin of said Ingram Street to the point of beginning.  (Description taken from prior deed of record)

Being that lot or parcel of land conveyed to Clayton R. Cates et ux Lindsey Cates by deed of Joshua b. Shearon recorded in Record Book 47, page 151, Register’s Office of Haywood County, Tennessee.

Map 066N, Group L, Parcel 005.00

The street address of the above-described property is believed to be 1009-1011 St., Brownsville, TN  38012, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.

SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.

This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.  Other interested parties:  None.

Title to said property is believed to be good, but the undersigned will sell as Substitute Trustee only and will assign to the purchaser all covenants of warranty contained in said Deed of Trust.   

The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time.  Said sale may be adjourned to another time or may be postponed to another date by public announcement at the appointed time of sale without readvertisement.

This office is a debt collector.  This is an attempt to collect a debt and any information obtained will be used for that purpose.

WITNESS my signature, this the 28th day of July, 2021.

KIZER, BONDS, HUGHES & BOWEN, LLC

BY:  STEPHEN L. HUGHES

Substitute Trustee

P. O. Box 320

Milan, TN    38358

(731) 686-1198az