SUBSTITUTE TRUSTEE’S NOTICE OF SALE
Sale at public auction will be on April 16, 2020, at or about 10:00 AM, local time, at the north door of the Tipton County Courthouse, 100 Court Square, Covington, TN 38019, pursuant to the Deed of Trust executed by Lowell D. Friend, to John C. Clark, as Trustee for First State Bank dated November 12, 2009, and recorded in Record Book 1458, Page 461, and modified in Record Book 1705, Page 1017 in the Register’s Office for Tipton County, Tennessee (“Deed of Trust”), conducted by Padgett Law Group, having been appointed Substitute Trustee, all of record in the Tipton County Register’s 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
Other interested parties: Regions Bank
The hereinafter described real property located in Tipton County will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Legal Description: Description of a 5.00 Acre partition of the remaining Plantation Estates, L.L.C. property as being referenced in Record Book 765, Page 86 (tract 1). Said partition being located along the East side of State Highway 59 South and situated in the First Civil District of Tipton County, Tennessee.
Beginning at a found iron stake in the East right-of-way of State Highway 59 South (66 feet total width) being an exterior corner of the remaining Plantation Estates, L.L.C. property as being referenced in Record Book 765, Page 86 (tract 1), also being the Southwest corner of Lot 2 Plantation manor Subdivision (Plat Cabinet “E” Slide 17-A), also being the Northwest corner of this herein described partition.
Thence in a Northeastward direction along a North line of the remaining Plantation Estates property and this partition, also being the South line of Plantation Manor Subdivision, N 48 deg. 59` 09” E 295.48 feet to a found iron stake in an old roadbed being the Northeast corner of this herein described partition, also being the Southeast corner of said Lot 2, also being located in a West line of Terry R. Wall et ux (779/758).
Thence in a Southeastward direction along an East line of the remaining Plantation Estates property and this partition, also being the West line of Wall, with the general alignment of an old roadbed the following two (2) courses: S 51 deg., 31` 19” E 600.88 feet to a found iron stake being an angle point; thence S 55 deg. 46` 24” E 9.09 feet to a found Iron stake being the Southeast corner of this herein described partition, also being the Northeast corner of Terry R. Wall et ux (793/584);
Thence in a Southwestward direction along a South line of the remaining Plantation Estates property and this partition, also being the North line of Wall (793/584), S 48 deg. 59` 09” W 423.69 feet to a found iron stake in the East right-of-way of State Highway 59 South being the Southwest corner of this herein described partition, also being the Northwest corner of Wall.
Thence in a Northwestward direction along a West line of Plantation Estates property and this partition, also being the East right-of-way of State Hwy 59 South, N 41 deg. 00` 45” W 167.61 feet to the point of curvature of said line;
Thence in a Northwestward direction continuing along the West line of Plantation Estates and this partition, also being the East right-of-way of State Highway 59 South with a curve to the right having a radius of 5729.54 feet, an arc length of 432.39 feet and being subtended by a chord of N 38 deg. 51` 08” W 432.29 feet to the Point of Beginning and containing 5.00 Acres by computation.
However, there exist upon the above described property an abandoned roadbed. Said partition is subject to any and all easements and/or right-of-way which may accompany said structure.
Street Address: The street address of the property is believed to be 2978 Highway 59 South, 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: 050 060.07
Current owner(s) of Record: Lowell D. Friend
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)
attorney@
padgettlawgroup.com
12mar3w
PLG# 19-023950-2
