NOTICE OF TRUSTEE’S FORECLOSURE SALE
Sale at public auction will be on January 30, 2020 at 10:00 A.M., local time, at the usual and customary location at the Tipton County Courthouse, 1801 South College Street, Covington, TN 38019, pursuant to the Deed of Trust executed by CURTIS DILLARD, JR. and BETTY J. DILLARD for the benefit of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,
AS NOMINEE FOR MORTGAGE RESEARCH CENTER, LLC DBA VETERANS UNITED HOME LOANS, as Beneficiary, dated July 26, 2016, of record in Instrument Number 196776, Book 1694, Page 25 in the Registers of Deeds Office for Tipton County, Tennessee, (“Deed of Trust”), conducted by James E. Albertelli, P.A. d/b/a ALAW, a Florida corporation duly authorized to conduct business in Tennessee, having been appointed Trustee, all of record in the Register of Deeds Office for Tipton County, Tennessee. 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: Mortgage Research Center, LLC d/b/a Veterans United Home Loans, a Missouri Limited Liability Company
Other Interested Parties: N/A
The hereinafter described real property located in Tipton County, Tennessee will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
BEGINNING AT A STAKE IN THE NORTH RIGHT OF WAY OF HIGHWAY #59, (BEING 30 FEET NORTH OF THE CENTER), SAID STAKE BEING THE SOUTHEAST CORNER OF THE GREER 2.727 ACRES LOT, (BOOK 307 PAGE 516), SAID BEGINNING STAKE BEING NORTH 88 1/2 DEGREES EAST 270 FEET FROM THE SOUTHWEST CORNER OF THE PEELER TRACT, OF WHICH THIS SURVEY IS A PART, RUNS THENCE FROM THE BEGINNING, WITH THE NORTH RIGHT OF WAY OF HIGHWAY #59, NORTH 88 1/2 DEGREES EAST 451 FEET TO A STAKE; THENCE LEAVING THE ROAD, NORTH 1/4 DEGREE WEST 337 FEET TO A STAKE AT THE SOUTHEAST CORNER OF THE JERRY DUPRIEST 2.5 ACRE TRACT, THENCE ALONG THE SOUTH LINE OF DUPRIEST, 88 1/4 DEGREES WEST 465.14 FEET TO A STAKE IN THE EAST LINE OF THE FELIX GREER 2.727 ACRE TRACT; THENCE WITH THE SAME, SOUTH 2 DEGREES 10 MINUTES EAST 339 FEET TO THE BEGINNING AND CONTAINING 3.55 ACRES, ACCORDING TO SURVEY OF MILTON THORNTON, SURVEYOR, MADE ON MAY 15, 1973.
THERE IS TO BE EXCEPTED FROM THE ABOVE DESCRIBED LOT, A ROAD EASEMENT CONTAINING 0.28 OF AN ACRE, RUNNING ALONG THE WEST SIDE FOR A PORTION OF THE WAY, AND BEING A PART OF THE ROAD EASEMENT DESCRIBED IN DEED BOOK 322 PAGE 463 IN THE REGISTER’S OFFICE OF TIPTON COUNTY, TENNESSEE. AFTER DEDUCTING THE ROAD EASEMENT, THERE REMAINS A TOTAL OF 3.27 ACRES.
IT IS UNDERSTOOD AND AGREED THAT THE ABOVE DESCRIBED LOT SHALL NOT BE SUB-DIVIDED INTO SMALLER LOTS, THAT NO MORE THAN ONE RESIDENCE MAY BE CONSTRUCTED ON SAME AND ANY RESIDENCE CONSTRUCTED ON THE ABOVE LOT SHALL CONTAIN AT LEAST 2000 SQ. FEET OF FLOOR SPACE IN THE LIVING AREA OF SAME. SHOULD THE GRANTEES OR THEIR HEIRS OR ASSIGN VIOLATE THE RESTRICTION HEREINABOVE SET OUT IS SHALL BE LAWFUL FOR ANY PERSON OR PERSONS OWNING ADJOINING PROPERTY TO PROSECUTE ANY PROCEEDINGS AT LAW OR IN EQUITY AGAINST THE PERSON OR PERSONS VIOLATING OR ATTEMPTING TO VIOLATE SUCH RESTRICTIONS AND EITHER TO PREVENT THEM FROM SO DOING OR TO RECOVER DAMAGES OR OTHER DUES FOR SUCH VIOLATION.
ALSO, AN EASEMENT OR RIGHT OF WAY, BUT NOT EXCLUSIVE FOR ROAD PURPOSES ONLY, OVER THE FOLLOWING DESCRIBED TRACT OF LAND, TO WIT:
BEGINNING AT A STAKE IN THE NORTH RIGHT OF WAY OF HIGHWAY #59 (HAVING A 60 FOOT RIGHT OF WAY), SAID STAKE BEING NORTH 88 1/2 DEGREES EAST 502 FEET FROM THE ORIGINAL SOUTHWEST CORNER OF THE MILDRED PEELER (FORMERLY MILDRED HARRIS) TRACT OF WHICH THIS SURVEY IS A PART; RUN THENCE WITH THE NORTH RIGHT OF WAY OF THE HIGHWAY, SAME BEING THE SOUTH LINE OF THE PEELER TRACT, NORTH 88 1/2 DEGREES, EAST 19 FEET TO A STAKE; THENCE NORTH 2 DEGREES 10 MINUTES, WEST 130 FEET TO A STAKE; THENCE SOUTH 73 DEGREES WEST 220 FEET TO A STAKE; THENCE NORTH 2 DEGREES 10 MINUTES WEST 591 FEET TO A STAKE; THENCE SOUTH 88 1/4 DEGREES WEST 19 FEET TO A STAKE IN THE EAST LINE OF ROGERS FISHER 2.79 ACRE TRACT; THENCE WITH THE EAST LINE OF FISHER AND A LOT OWNED BY FELIX GREER, SOUTH 2 DEGREES 10 MINUTES EAST 618 FEET TO A STAKE IN THE EAST LINE OF GREER; THENCE NORTH 73 DEGREES EAST 220 FEET TO A STAKE; THENCE SOUTH 2 DEGREES 10 MINUTES EAST 109 FEET TO THE BEGINNING.
BEING THE SAME PROPERTY CONVEYED TO CURTIS DILLARD, A MARRIED MAN, BY DEED FROM TRAVIS A. JONES DATED 7/26/2016, OF RECORD 8/01/2016 IN BOOK 1694, PAGE 23, REGISTER’S OFFICE FOR TIPTON COUNTY, TENNESSEE. ALSO SEE FINAL DECREE OF DIVORCE IN THE CHANCERY COURT OF TIPTON COUNTY, TENNESSEE, UNDER DOCKET NO. 31003.
Street Address: The street address of the property is believed to be 1136 Greer Drive, Covington, TN 38019, 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: 041-004.05-000
Current owner(s) of the property: BETTY J. DILLARD
This sale is subject to all matters shown on any applicable recorded Plat or Plan; and 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 right of redemption of any governmental 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 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 the 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 Albertelli Law Trust Account. 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 Trustee at any time.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
James E. Albertelli, P.A. d/b/a ALAW, Trustee
401 Commerce Street, suite 150
Nashville, TN 37219
PH: (615) 265-0835
FX: (615) 265-0836
File No.: 19-022291
