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NOTICE OF FORECLOSURE SALE
WHEREAS, Richard Burleson (the “Grantor”), by that certain Deed of Trust dated as of February 1, 2008 and recorded in Book T822, at page 558 in the Register’s Office for Carter County, Tennessee, as may have been modified and extended from time to time (the “Deed of Trust”), conveyed to Robert Williams, Trustee, certain real property situated in Carter County, Tennessee to secure the payment of certain indebtedness evidenced by a promissory note, all as more fully described in the Deed of Trust (the “Indebtedness”), which Indebtedness is presently held and owned by The First Bank and Trust Company (the “Lender”); and
WHEREAS, a default has occurred by the Grantor’s failure to comply with the terms and conditions of the Deed of Trust, and the Indebtedness has been declared due and payable as provided in the Deed of Trust, and the Indebtedness has not been paid; and
WHEREAS, the Lender, the lawful owner and holder of the Indebtedness, has demanded that the Property be advertised and sold in satisfaction of the Indebtedness and the costs of foreclosure in accordance with the terms of the Deed of Trust; and
WHEREAS, the undersigned, W. DEREK MALCOLM, a resident of Sullivan County, Tennessee, has been duly appointed as Substitute Trustee in the place and stead of Robert Williams, Trustee, said appointment being set forth in Book 188 at page 92 in the Register’s Office for Carter County, Tennessee.
NOW, THEREFORE, notice is hereby given that I, W. DEREK MALCOLM, Substitute Trustee, pursuant to the power, duty, and authority vested in and imposed upon me in the Deed of Trust, will on May 9, 2014 at 10:30 o’clock a.m., at the main entrance to the Carter County Courthouse, 801 E. Elk Avenue, Elizabethton, Tennessee 37643, offer for sale to the highest and best bidder for cash, and free from 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, certain real property described as follows:
SITUATE, LYING and BEING in the 6th Civil District of Carter County, Tennessee, and being more particularly described as follows, to-wit:.
BEGINNING in the northeasterly right of way of Gap Creek Road; thence North 74 degrees 23 minutes 46 seconds West, 414.81 feet to an iron pin old; thence North 00 degrees 15 minutes 27 seconds West, 733.30 feet to a new iron pin; thence South 61 degrees 14 minutes 42 seconds West, 994.23 feet to an iron pin old; thence South 63 degrees 11 minutes 11 seconds West 127.50 feet to an old iron pin; thence South 60 degrees 07 minutes 38 seconds West, 145 feet to an old iron pin; thence South 47 degrees 26 minutes 54 seconds West, 126 feet to an old iron pin; thence South 41 degrees 59 minutes 06 seconds West, 204 feet to the point of Beginning, said tract containing 9.251 acres, more or less, by survey of Steven G. Pierce, Surveyor, RLS # 1564, dated August 24, 2001.
BEING part of the same property conveyed to Richard Burleson by a deed dated the 2nd day of October, 2001, from Zillah Taylor, Widow, by and through Bryan R. Burleson, attorney-in-fact for Zillah Taylor, said deed of record in the Register’s Office for Carter County, Tennessee at Elizabethton, in Book D465, Page 78, to which reference is here made.
Tax Map 57, Parcel 20.09
Property Address: Gap Creek Road
The sale shall be 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 the Deed of Trust, but subject to the following: (a) unpaid taxes against the property; (b) recorded easements, restrictions, conditions, covenants, rights-of-way, or subdivision plats affecting the property; (c) dedications of roads affecting the property and applicable governmental zoning and subdivision ordinances and regulations, (d) prior or superior liens, judgments, deeds of trust, or other interests of record; and (e) matters that an accurate survey of the property might disclose.
The Substitute Trustee, at his sole discretion, at the time and place appointed above for the sale, to accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances, reserves the right to do any or all of the following: (a) postpone the sale of all or any portion of the property by public announcement at such time and place of sale, and from time to time thereafter postpone such sale by public announcement at the time fixed by the preceding postponement or subsequently noticed sale, and, without further notice, make such sale at the time and place fixed by the last postponement, or in his discretion, give a new notice of sale; (b) appoint an agent to sell the property in accordance with the power of sale contained in the Deed of Trust and to take other action which the Substitute Trustee may take thereunder; (c) be represented at the sale by an attorney; (d) elect to delay the sale for a reasonable time during regular business hours on the same day to be continued at the same place at the announced time in order to enable any bona fide bidder to determine and submit a bid, so long as no potential purchaser is thereby precluded from placing a bid; and (e) elect to sell the property in any other manner or manners as may accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances.
Notice has been given pursuant to 26 U.S.C. § 7425(c) and Reg. § 301.7425-1, and T.C.A. §§ 50-7-404(i)(2)(B) and 67-1-1433(b)(2) and Rule 1320-2-1-.35, if applicable. Notice has been given pursuant to T.C.A. § 35-5-117(i) if applicable. The following interests may be affected by this sale: (1) A judgment lien in favor of John Deere Landscapes dated April 27, 2011 and of record in the aforesaid Register’s Office in Book 107, at page 449; (2) A judgment lien in favor of Discover Bank, Issuer of Discover Card, dated January 25, 2012 and of record in the aforesaid Register’s Office in Book 119, at page 414; and (3) A judgment lien in favor of Mountain Empire Radiology dated January 16, 2013 and of record in the aforesaid Register’s Office in Book 155, at page 425.
The failure of the high bidder to close this sale shall be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is capable and willing to comply with the terms thereof. The proceeds of the sale will be applied as provided in the Deed of Trust.
The Property is to be sold AS IS WHERE IS, without representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
TERMS OF SALE: CASH or as otherwise provided by Beneficiary
This 7th day of April, 2014.
/s/ W. Derek Malcolm
W. DEREK MALCOLM, ESQ.
W. Derek Malcolm, Esq.
100 Fifth Street, Suite 520
Bristol, TN 37620
4/16, 4/23, 4/30
TRUSTEE'S NOTICE OF SALE
WHEREAS, PAULINE ANN McINTURFF and KRISTY LEE BAKER of Carter County, Tennessee, executed, acknowledged and delivered to Kenneth Clark Hood, Trustee, a certain Deed of Trust dated the 25th day of April, 2008, and of record in Book T828, Page 909 (also see Scrivener’s Affidavit of record in Misc. Book 131, Page 83 and a Modification Agreement of record in Book 174, Page 165) in the Register's Office for Carter County, Tennessee, to secure a certain indebtedness owing to GreenBank, now known as Capital Bank, N.A., and more fully described therein; and
WHEREAS, default has been made in the payment of said indebtedness and the same has become due and payable after proper notice of default was given and the owner and holder of said indebtedness has declared the entire balance owing thereon due and payable, has given notice of acceleration, and has instructed the said Trustee to foreclose said Trust Deed and to advertise and sell the property therein and herein described, upon the terms and conditions set forth in said Trust Deed;
NOW, THEREFORE, notice is hereby given that I will on the 9th day of May, 2014, at 2:15 p.m. prevailing standard time in Carter County, Tennessee, at the front entrance of the Carter County Courthouse in Elizabethton, Tennessee, sell the following described real estate at public auction, for cash, to the highest bidder, and in bar of the equity of redemption, the statutory right of redemption, dower and homestead, but subject to all liens, encumbrances, easements, rights-of-way, set-back lines, restrictions, covenants, current and delinquent property taxes (ad valorem taxes), environmental claims, and the rights of any purchaser at a property tax sale or rights of redemption arising from a tax sale, affecting the subject property which are not extinguished by the foreclosure of the subject deed of trust. The property to be sold is described as follows:
Located in the 12th Civil District of Carter County, Tennessee.
Being Tract 2, containing 1.502 acres, more or less, as shown on survey plat of Steven G. Pierce, TRLS #1564, titled “Division of the Gerald & Pauline McInturff Property,” surveyed July 30, 2004, of record in the Register’s Office for Carter County at Elizabethton, Tennessee, in Plat Cabinet “C” at Page 500, and more particularly described as follows:
BEGINNING at a utility pole in the westerly line of Hurley Hollow Road, said point of beginning being corner to Tract 1; thence with Hurley Hollow Road, S. 38̊ 11' 59" E., 32.25 feet to a point; thence continuing with Hurley Hollow Road, S. 17̊ 02' 32" E., 31.23 feet to a point, corner to Kenneth Grindstaff (Deed Book 422, Page 14); thence with Kenneth Grindstaff, the following six (6) calls: S. 01̊ 09' 00" W, 42.72 feet to a point; S. 23̊ 57' 06" E., 78.54 feet to a point; S. 16̊ 42' 17" E., 79.00 feet to a utility pole; S. 17̊ 53' 53" E., 32.99 feet to an iron rod set; S. 57̊ 55' 55" W., 308.16 feet to an iron rod set; N. 52̊ 00' 07" W., 168.30 feet to an iron rod set, corner to Tract 1; thence with the division line between Tract 1 and 2, N. 53̊ 40' 45" E., 363.06 feet to an iron rod set; thence continuing with the division line between Tract 1 and 2, N. 03̊ 53' 23" E, 121.99 feet to the BEGINNING, containing 1.502 acres, more or less, being Tract 2.
There is further conveyed herewith, a joint non-exclusive easement and right-of-way, as an easement appurtenant for the benefit of the herein conveyed Tract 2 for purposes of ingress and egress, said easement and right-of-way being fifteen (15) feet in width, extending from the westerly line of Hurley Hollow Road across Tract 1, the centerline of said fifteen (15) foot wide easement and right-of-way being described as follows:
BEGINNING at a point in the westerly sideline of Hurley Hollow Road; thence S. 47̊ 57' 19" W., 43.62 feet to a point; thence S. 35̊ 42' 30" W., 47.65 feet to a point; thence S. 55̊ 29' 24" W., 64.74 feet to a point; thence S. 30̊ 08' 18" W., 30.71 feet to a point; thence S. 45̊ 12' 05" E., 30.17 feet to a point; thence S. 43̊ 46' 55" E., 33.71 feet to a point; thence S. 58̊ 09' 07" E., 57.86 feet to a point in the division line between Tract 1 and 2, as shown on plat of Steven G. Pierce in Plat Cabinet “C” at Page 500.
Being the same property conveyed to Kristy Baker, by Deed dated August 9, 2004, of record in said Register’s Office for Deed Book 487 at Page 455, to all of which reference is hereby expressly made.
Located on the Subject Property and to be sold with it is a 2000 Clayton Double Wide Mobile Home, VIN No. CAP008452TNAB. Said mobile home is being sold AS IS, WHERE IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND HABITABILITY ARE HEREBY DISCLAIMED. There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition. The debtor is entitled to an accounting of the unpaid indebtedness upon request without additional charge. You may request such an accounting by writing to Kenneth Clark Hood, Laughlin, Nunnally, Hood, & Crum, PC, 100 South Main Street, Greeneville, Tennessee, 37743. Name of Debtor: PAULINE ANN McINTURFF and KRISTY LEE BAKER . Name of Secured Party: Capital Bank, N.A. It will be responsibility of the purchaser to obtain possession of the mobile home at purchaser’s expense. There is an Affidavit of Affixation of record in Book 4, Page 560 in the Register’s Office for Carter County, Tennessee.
The address of the Subject Property as shown on the tax records for Carter County, Tennessee, is 124 Hurley Hollow Road, Elizabethton, Tennessee, 37643. (Map 16, Parcel 181.03)
It will be the responsibility of the successful bidder to obtain possession of the property at his expense. The successful bidder shall be responsible for any damage, vandalism, theft, destruction, etc., to the property. This sale may be subject to valid filed or unfiled mechanic’s and materialmen’s liens. No representations are made as to the validity or enforceability of any memorandum of mechanic’s liens or any suit to enforce the same.
1. State and county taxes are subject to classification and assessment of property as agricultural, forest, and open space land pursuant to Tennessee Code Annotated Section 67-5-1001, et. seq., as amended from time to time.
2. Taxes for the year 2014 are not yet due and payable but constitute a lien on the premises. Property taxes have been paid through the year 2011. Property taxes are delinquent for the years 2012 and 2013 in the amount of $858.00, but interest and penalties continue to accrue on this amount. The exact amount owing can be obtained from the local taxing authorities.
3. Deed of Trust from Pauline Ann McInturff and Kristy Lee Baker to Kenneth Clark Hood, Trustee, dated March 5, 2007, recorded in Trust Book 799, Page 174, securing Sullivan County Bank in the sum of $62,050.00, which is unreleased of record and constitutes a prior lien on the captioned property.
4. All property is subject to zoning ordinances which control the uses which may be made of the property. The undersigned makes no representation as to the uses which can be made of the premises in compliance with the applicable zoning ordinances.
5. Rights of parties in possession, if any.
The sale will be made as Trustee only, without covenants of seizen or warranties of title, and subject to all liens, encumbrances, easements, rights-of-way, set-back lines, restrictions, covenants, current and delinquent property taxes (ad valorem taxes), environmental claims, and the rights of any purchaser at a property tax sale and/or rights of redemption arising from a property tax sale affecting the subject property which are not extinguished by the foreclosure of the subject deed of trust.
The proceeds derived from the sale of said property will be applied to the payment first to the expenses of this sale, including attorney's fees, then to the payment in full of the indebtedness including interest secured by said Trust Deed, and the balance, if any, to be paid to the parties legally entitled thereto.
This sale may be postponed or adjourned from time to time without readvertising the sale, and the sale may be dismissed and not conducted. The acting Trustee or any Substitute Trustee is authorized to appoint an agent or an auctioneer to conduct the sale, and any sale so made shall have the same validity as if made by the original Trustee. The sale shall be for cash, to the highest bidder.
Dated this the 11th day of April, 2014.
KENNETH CLARK HOOD
L:ForeclosureCBMcInturuff Pauline & Baker Kristy 14-40053Notice (5-9-14)
4/16, 4/23, 4/30