Notice of Foreclosure Sale

IN THE CHANCERY COURT OF TIPTON COUNTY, TENNESSEE

CADENCE BANK, f/k/a
BANDCORPSOUTH BANK,
Plaintiff

VS.

ESTATE OF KIRBY L. CATE, JR.
ERICA GRACE CANTRELL, AND
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
Defendant
No. 38931

JUDICIAL FORECLOSURE
NOTICE OF SALE

Default having occurred in the payment of the debts and obligations by a certain Deed of Trust executed June 7, 2021 by Kirby L. Cate and Erica Grace Cantrell, husband and wife, to Charles J. Pignuolo, as Trustee, as same appears of record in the Office of the Register of Deeds of Tipton County, Tennessee at Record Book 1908, Page 131, (the “Deed of Trust”) and Todd H. Hancock, having been appointed Substitute Trustee by instrument recorded at Record Book 1958, Page 59, in the said Register’s Office. The owner of the debt secured filed a Complaint for Judicial Foreclosure in the Tipton County Chancery Court on July 25, 2024. The Defendant, Erica Grace Cantrell, was served on August 29, 2024 and the United States Department of Housing and Urban Development (“HUD”) was served on August 5, 2024. An Order Granting Default Judgment and for Judicial Foreclosure was entered with the Tipton County Chancery Court on November 21, 2024; subsequently an Order Granting Motion to Conduct Judicial Foreclosure was entered with the Tipton County Chancery Court on February 5, 2025. Having requested the undersigned Special Commissioner to advertise and sell the property described in and conveyed by said Deed of Trust, all of the said indebtedness having matured by default, at the option of the owner.

This is to give notice that the undersigned will, on Friday, March 14, 2025, commencing at 11:00 pm in the Tipton County Chancery Court, 1801 S College, Covington, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property, to wit:

Land situated in Tipton County, Tennessee:

Lot 7, Section A, Quail Hollow Subdivision, as shown on plat of record in Plat Cabinet B, Slides 52-53 in the Register’s Office of Tipton County, Tennessee to which plat reference is hereby made for a more particular description of said property.

This property is subject to Subdivision Restrictions, Building Lines and Easements recorded at Plat Cabinet B, Slides 52-53, and Protective Covenants recorded in Plat Cabinet B, Slide 53, in the Register’s Office of Tipton County, Tennessee.

Being the same property conveyed to Kirby L. Cate, Jr., a married man, by Warranty Deed placed of record June 25, 2021 and recorded in Book 1908, Page 129, in the Register’s Office of Tipton County, Tennessee.

Property also known as 55 Quail Hollow Cove, Atoka, Tennessee 38004 Map 143B, Group A, Parcel 007.00.

Together with all the improvements now or hereafter erected on the property, and all easements appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. (The foregoing is hereinafter referred to as the “Real Property”.)

Property Address: 55 Quail Hollow Cove, Atoka, TN 38004

Parcel Id: 143B-A-007.00

The Real Property bears the street address states above; however, the street address is not a part of the legal description contained in the Deed of Trust. In the event of a discrepancy between the street address and the legal description, the legal description of the Deed of Trust shall control.

All statutory right and equity of redemption, all right of homestead, dower, and right of appraisement are waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Special Commissioner. Title is to be conveyed without any covenant or warranty, express or implied, and subject to all prior liens, easements, covenants, and restrictions that may exist, including, but not limited to, any unpaid ad valorem taxes or other taxes, and also subject to the right of redemption of the Internal Revenue Service or other taxing authority. The notice required by 26 U.S.C § 7425(b) to the United States has been timely given if applicable. The notice required by T.C.A. § 67-1-1433(b)(1) to the State of Tennessee has been timely given if applicable.

Interested parties: Estate of Kirby L. Cate, Jr.

Erica Grace Cantrell

Cadence Bank

United States Department of Housing and Urban Development (“HUD”)

Owner of Debt: Cadence Bank

The property will be sold for cash, in bar of the equity of redemption and all exemptions.

The property will be sold as is where is, with possession given upon confirmation of the sale.

WITNESS MY HAND, this 14^th day of February, 2025.

Signed Gina Smith, Special Commissioner

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