NOTICE OF SUCCESSOR TRUSTEES SALE…

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Posted: 9/7/2017
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NOTICE OF SUCCESSOR
TRUSTEE’S SALE
WHEREAS, ROBERT D. HUNT (the “Grantor”) by that certain Tennessee Deed of Trust, Security Agreement and Financing Statement, dated April 15, 2015, recorded as Instrument Number 20150406-0030036, in the Register’s Office for Davidson County, Tennessee (the “Deed of Trust”), conveyed to J. Steven Bell, as Trustee, the Property (as hereinafter defined) to secure the payment of certain indebtedness described in the Deed of Trust (the “Indebtedness”). The Deed of Trust and the Indebtedness secured thereby is presently held and owned by Tennessee Bank & Trust, a division of Farmers Bank & Trust Company, an Arkansas banking corporation (the “Lender”); and WHEREAS, default has occurred by 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, Lender 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, Joseph J. Jensen, has been duly appointed as Successor Trustee in the place and stead of J. Steven Bell, said appointment being of record as Instrument Number 20170828-0087827, in said Register’s Office.
NOW, THEREFORE, notice is hereby given that I, Joseph J. Jensen, or my agent, Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, will on Tuesday, October 3, 2017, at 11:00 a.m., prevailing Central Time, outside the south side entrance of the Davidson County Courthouse, located at 1 Public Square, Nashville, Davidson County, Tennessee, offer for sale to the highest and best bidder for cash, free from all rights, which Grantor waived in the Deed of Trust, the real property situated in Davidson County, Tennessee, described as follows, together with any and all improvements, tenements, hereditaments and appurtenances, all easements serving or benefiting the property, and any or all fixtures and improvements now or hereafter attached to the property (collectively, the “Property”):
Land and improvements in Davidson County, Tennessee, being described as follows:
Being the west 1/2 of Lot No. 5 of E.C. Scrugg’s Subdivision, as of record in Book 57, page 114, Register’s Office, Davidson County, Tennessee.
According, to a survey made by Z. J. Wilkinson, which is of record in Book 2644, page 5, said part of said lot fronts 50 feet on the south side of Belcourt Avenue, formerly Carlton Street, and runs back between parallel lines, 138 feet to an alley.
Being the same property conveyed to Robert D. Hunt by General Warranty Deed from Kenneth C. Sledge, Jr., dated October 19, 1993, of record in Book 9127, page 165, Register’s Office for Davidson County, Tennessee.
The full legal description of the Property can be found in the Tennessee Deed of Trust, Security Agreement and Financing Statement, dated April 15, 2015, recorded as Instrument Number 20150406-0030036, in the Register’s Office for Davidson County, Tennessee. The street address of the Property is believed to be 2129 Belcourt Avenue, Nashville, Davidson County, Tennessee, but such address is not part of the legal description. The Map and Parcel number of the Property is believed to be 104-07-0-520.00032 / 035.04, but such Map and Parcel numbers are not part of the legal description. In the event of any discrepancy, the legal description in the Deed of Trust shall control.
A review of the records at said Register’s Office disclosed that the Property may be subject to certain matters set forth below and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Notice of Successor Trustee’s Sale:
1. Any and all unpaid ad valorem taxes payable to Davidson County, Tennessee (plus penalty and interest, if any) that may be a lien against the Property.
2. Any and all unpaid ad valorem taxes payable to City of Nashville, Tennessee (plus penalty and interest, if any) that may be a lien against the Property.
3. Deed of Trust dated April 2, 2015 executed by Robert D. Hunt, to J. Steven Bell, Trustee, to secure to Tennessee Bank & Trust, a Division of Farmers Bank & Trust Company, an indebtedness in the amount of $200,000.00, of record in Instrument No. 20150406-0030036, Register’s Office for Davidson County, Tennessee. This indebtedness is further secured by Collateral Assignment of Leases and Rents of record in Instrument No. 20150406-0030037, Register’s Office for Davidson County, Tennessee.
4. Notice of Federal Tax Lien filed against Robert Hunt of record in Instrument No. 20170714-0070754, Register’s Office for Davidson County, Tennessee.
5.All matters appearing on the plan of record in Book 57, page 114, Register’s Office for Davidson County, Tennessee.
6. Agreement and survey of record in Book 2644, page 5, Register’s Office for Davidson County, Tennessee.
7. Lease and rental contracts not shown of record.
8. Title to that portion of the Property embraced within the bounds of any street, roads or highways.
9. Liens, encumbrances, or claims thereof, which are not shown by the public record.
10. All other easements and restrictions of record in said Register’s Office.
11. Matters which an accurate survey of the Property might disclose.
The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.
The sale will be subject to any and all unpaid ad valorem taxes (plus penalty and interest, if any) that may be a lien against the Property and subject to any and all liens, defects, encumbrances, conveyances, adverse claims and other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, and subject to any statutory rights of redemption not otherwise waived in the Deed of Trust, including the rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency, and matters that take priority over the Deed of Trust which an accurate survey of the Property might disclose.
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. Successor Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey his interest in the Property by Successor Trustee’s Deed as Successor Trustee only.
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, to sell the Property with or without division if the Property consists of more than one tract or parcel, and to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.
/s/ Joseph J. Jensen Joseph J. Jensen,
Successor Trustee
J3LAW
P. O. Box 682305
Franklin, Tennessee 37068-2305
PUBLICATION DATES:
NSC September 7, 14, and 21, 2017