Public Notices: 5-11-2016
Tuesday, May 10, 2016 9:42 am
SUBSTITUTE TRUSTEE'S SALE
Default having been made in the terms, conditions, provisions and payments made and provided for in a Deed of Trust dated April 4, 1997, executed by Andrew S. Dick, a Single Person, to Bankers Title Company, Trustee, and recorded in Book 135, Page 242, and assignment to Vanderbilt Mortgage and Finance, Inc. of record in Book 75, Page 629, and re-assigned to The Bank of New York Mellon Trust Company, NA of record in Book 133, Page 791, Register's Office for Cannon County, Tennessee, to secure the indebtedness therein described, and the entire indebtedness having been called due and payable as provided in said deed of trust, and said payment not having been made, and the lawful Attorney-In-Fact and Servicer of said indebtedness having appointed the undersigned, David G. Mangum, as substitute trustee by written instrument dated February 3, 2016, recorded in Book 164, Page 899, in the above mentioned Register's Office, notice is hereby given that I, the undersigned substitute trustee, or my designated agent, under the power and authority vested in me by said deed of trust, and having been requested to do so by the lawful owner and holder of said debt, will on Thursday, May 26, 2016 at 3:45 p.m. at the front entrance of the Courthouse in Woodbury, Cannon County, Tennessee, sell at public outcry to the highest and best bidder for cash, free from the equity of redemption, homestead and dower, and all other exemptions and rights of every kind, all of which are expressly waived in said deed of trust, the following described tract or parcel of land more particularly described as follows, to-wit:
Beginning on a PK nail in the center of the petty Gap Road at the SE comer of this tract and the SW comer of Tract No. 1, and this point is also located N 88 deg. 38' 19" W, 3147.69 feet from the center of the intersection of the Basham Ridge Road; thence with the Petty Gap Road, S 65 deg. 29' 23" W, 210.05 feet, S 69 deg. 40' 05" W, 115.30 feet, S 71 deg. 34' 44" W, 381.11 feet, S 75 deg. 41' 31" W, 99.24 feet, S 67 deg. 34' 40" W, 102.11 feet, S 63 deg. 41' 16" W, 151.35 feet to the SW corner of this tract; thence leaving the road and with a fence line N 21 deg. 06' 07" W, 308.69 feet N 25 deg. 25' 19" W, 138.30 feet, N 20 deg. 14' 29" W, 157.71 feet, N 11 deg. 52' 39" W, 71.01 feet, N 2 deg. 21' 09" E, 98.96 feet N 6 deg. 03' 06" E, 249.30 feet, N 7 dog. 12' 40" W, 117.25 feet to the corner of this tract at a fence corner; thence with the fence N 74 deg. 24' 10" E, 124.41 feet, N 86 deg. 24' 07· E, 122.33 feet, N 73 deg. 35' 23" E, 147.76 feet, N 61 deg. 34' 46" E, 73.84 feet, N 70 deg. 53' 45" E, 365.51 feet to the NE corner of this tract and the NW corner of Tract No.1; thence leaving the fence S 17 deg. 11' 42" E, 1078.86 feet back to the point of beginning and containing 23.251 acres, more or less, according to survey conducted by Thomas D. Cook, RLS No. 365 on October 26, 1993.
Subject to any and all existing easements, setback lines and restrictive covenants of record in said Register's Office, including but not limited to Fixture Filing to Middle Tennessee Electric Membership Corporation of record in Book 123, Page 404, said Register's Office.
TAX MAP-PARCEL NO.: 065-014.00
This sale is subject to any and all unpaid real estate taxes; restrictive covenants, easements and setback lines; any and all redemption rights, including rights of redemption of any governmental agency, State or Federal, and any and all prior liens or encumbrances against said real property. Said sale is further subject to matters that an accurate survey of the property might disclose.
The property sold pursuant to this notice shall be sold "AS IS" and neither the Substitute Trustee nor the beneficiary of the Deed of Trust, nor any agent or attorney therefore, makes or shall make any warranty, whether express or implied, as to the condition, quality or quantity thereof, including, but not limited to, the enforceability of any lease affecting the property, the existence or absence of defaults under or the effect or this sale upon the rights of any party under such lease. The Substitute Trustee shall make no warranty of title, express or implied, and will sell and convey the subject real property by Substitute Trustee's Deed only.
The substitute trustee may adjourn or postpone the aforementioned sale of real property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. If applicable, the Notice requirements of T.C.A. § 35-5-117 have been met.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, 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 ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said deed of trust.
Terms of sale: Cash