1/22/20

SUBSTITUTE TRUSTEEíS NOTICE OF SALE
Sale at public auction will be on February 6, 2020, at or about 10:00 AM, local time, at the east door of the Haywood County Courthouse, 1 North Washington Brownsville, TN 38012, pursuant to the Deed of Trust executed by Terry Ray Elrod and Jenna L. Elrod, husband and wife, to Tony D. Gregory, as Trustee for Simmons Bank dated April 13, 2017, and recorded in Record Book 150, Page 874, and modified in Record Book 157, Page 789 in the Registerís Office for Haywood County, Tennessee (ìDeed of Trustî), conducted by Padgett Law Group, having been appointed Substitute Trustee, all of record in the Haywood County Registerís Office. Default in the performance of the covenants, terms, and conditions of said Deed of Trust has been made; and the entire indebtedness has been declared due and payable.
Party entitled to enforce the debt: Simmons Bank
The hereinafter described real property located in Haywood County will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Legal Description: FIRST PARCEL: BEGINNING at a stake, this point being the southwest corner of the original George M. Qualls 50.22 acre tract and being the southwest corner of the tract herein described, from said point of beginning north 0 degrees 30 minutes west 658.6 feet to a stake, this point being the southwest corner of a 8.95 acre tract being retained by George M. Qualls out of his original 50.22 acre tract; thence south 80 degrees 45 minutes east 952.1 feet to a stake, the southeast corner of the said Qualls 8.95 acre tract; thence north, passing the northeast corner of the said Quails 8.95 acre tract and the southeast corner of the Floyd Qualls 5.18 acre tract at 452.3 feet and on for a total of 962.1 feet to a stake, the southwest corner of church lot; thence south 88 degrees east 211.2 feet to a stake, the southeast corner of said Church lot; thence north 211.2 feet to a stake in south margin of Eurekaton and Brownsville Road, the northeast corner of said Church .lot; thence south 89 degrees east with south margin of said road 140.0 feet to a stake, the northwest corner of Paul Howard lot; thence south 195.4 feet to a stake, the southwest corner of said Paul Howard lot; the south 88 degrees 30 minutes west 106 feet to a stake, the northwest corner of Tim Allen 8.06 acre tract; thence south 33 degrees 30 minutes east 989.5 feet to a stake, the southwest corner of said Tim Allen lot; thence north 81 degrees 45 minutes east 292 feet to a stake; the southwest corner of lot owned by Ferge; thence south 9 degrees 30 minutes east 252 feet to a stake, the southwest corner of James Elrod lot; thence north 81 degrees 30 minutes east 173 feet to a stake in west margin of Koko and Whiteville Road, the southeast corner of said Elrod lot; thence south 7 degrees 15 minutes east with west margin of said road, 141.5 feet to a stake, the northeast corner of Luther Austin lot; thence west 264 5 feet to a stake, the northwest corner of said Austin lot; thence south 7 degrees 45 minutes west 411.0 feet to a stake; this point being the southwest corner of the Lee F. Austin lot; thence north 87 degrees 30 minutes west generally along an old fence row, 1927.0 feet to the point of beginning, and containing 41.27 acres. SECOND PARCEL: BEGINNING at a stake on the south bank of Eurekaton and Brownsville Road, this point being 20 feet south of a spike on the northeast corner of Qualls 10.32 acre tract, from said point of beginning along the south margin of said road south 87 degrees east 190.0 feet; south 88 degrees east 142.5 feet to a stake; thence south along the west line of the church lot and on 721.0 feet to a stake an internal corner of the remainder of Thomas Powell land; thence north 73 degrees 55 minutes west 345.8 feet to a fence corner, the southeast corner of said George Quails 10.32 acres; thence north along fence 640.0 feet to the beginning, and containing 5.18 acres, more or less. Included in this description but hereby excluded from this conveyance is the following tract of land conveyed to David Howard and wife, Mary Howard in Deed Book 204, page 207, in the Registers Office of Haywood County, Tennessee: BEGINNING at an iron pin found in the west margin of Eurekaton Road, 19.41 feet west of center, said point being the southeast corner of McDowell and the northeast corner of Donald Elrod as recorded in Deed Book 169, Page 760, Registers Office, Haywood County Courthouse, Brownsville, Tennessee; thence South 9 degrees 29 minutes 36 seconds East 145.78 feet along the west margin of Eurekaton Road to an iron pin set at the northeast corner of Ernest Elrod; thence South 89 degrees 45 minutes 26 seconds West 260.67 feet along an old fence line to a wood corner post found; thence North 35 degrees 29 minutes 03 seconds West 395.38 feet across Donald Elrod with a new line to an iron pin set; thence North 80 degrees 19 minutes 27 seconds East 263.70 feet to an old iron pin found; thence South 9 degrees 44 minutes 43 seconds East 250.63 feet along an old fence line to an iron pin set; thence North 01 degrees 30 minutes 00 second East 173.67 feet along an old fence line to the point of beginning, containing 2.00 acres, as surveyed by Walter R. Powell, RLS 832, on July 19, 1994.
Street Address: The street address of the property is believed to be 4135 Eurekaton Road, Stanton, TN 38069, but such address is not part of the legal description of the property. In the event of any discrepancy, the legal description herein shall control.
Map/Parcel Number: 141 011.02
Current owner(s) of Record: Jenna L. Elrod and Terry Ray Elrod
This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes and assessments; any restrictive covenants, easements or setback lines that may be applicable; rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any government agency, state or federal; and any and all prior deeds of trust, liens, dues, assessments, encumbrances, defects, adverse claims and other matters that may take priority over the Deed of Trust upon which this foreclosure sale is conducted or are not extinguished by this Foreclosure Sale.
THE PROPERTY IS SOLD WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO TITLE, MARKETABILITY OF TITLE, POSSESSION, QUIET ENJOYMENT OR THE LIKE AND FITNESS FOR A GENERAL OR PARTICULAR USE OR PURPOSE. The title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
The right is reserved to adjourn the sale to another time certain or to another day, time, and place certain, without further publication upon announcement on the day, time, and place of sale set forth above or any subsequent adjourned day, time, and place of sale.
If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified check made payable to or endorsed to Padgett Law Group. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Padgett Law Group, Substitute Trustee
6267 Old Water Oak Road, Suite 203
Tallahassee, FL 32312
(850) 422-2520 (telephone)
(850) 422-2567 (facsimile)
[email protected]
PLG# 19-002192-2