by Deed of Trust dated February 2, 2000, Michael J. Bowman and wife,
Heather Bowman, did convey in trust to Bruce Elder, Trustee, a certain
tract of land to secure payment of a debt in the principal sum of
Seventy-four Thousand Eight Hundred Twenty-four Dollars and Ninety Cents
($74,824.90) (the “Note”) payable to American Bank & Trust of the
Cumberlands, recorded in Trust Deed Book 262, Page 46 in the Register of
Deeds Office of Overton County, Tennessee, (the “Deed of Trust”) which
is incorporated herein by reference;
WHEREAS, American Bank & Trust of the Cumberlands is the owner and holder of the Note and Deed of Trust; and
Default has been made in the payment of debts and obligations secured
by said Deed of Trust and American Bank & Trust of the Cumberlands
has declared the entire balance due and payable and has instructed the
undersigned Trustee to foreclose said Deed of Trust in accordance with
its terms and provisions;
THEREFORE, by the authority vested in me as Substitute Trustee, as
appointed by American Bank & Trust of the Cumberlands, i.e. Lender,
through its President, Bruce Elder, said appointment being dated
September 23, 2004 and is of record in Trust Deed Book 351, Page 473 in
the Register’s Office of Overton County, Tennessee, I will on the 9th
day of January, 2013, at 2:00 p.m., Central Daylight Time at the main
entrance of the Overton County Courthouse, city, Tennessee, offer for
sale and sell at public auction to the highest and best bidder for cash
in bar of all rights and equities of redemption, statutory and
otherwise, homestead, dower and all other rights or exemptions of every
kind, all of which are expressly waived in said Deed of Trust the
property therein conveyed which is situated in the State of Tennessee,
Overton County, and is described as follows:
Lying and being in the 12th Civil District of Overton County, Tennessee and being more particularly described as follows:
on a metal post on the east margin of Hwy. 52 being the southwest
corner of Mike Hogue Property described in Deed Book 190 pg. 33 thence
S-84°43’-E with Hogue 296.65 ft. to a metal post in fence thence 5 (S)-5°-04-W with Hogue & fence 131 ft. to a metal post, thence N-84°-57’-W 251.97 ft. to a metal post, thence N-7°-15-W 20.00 ft. to a wood post thence N-82°-39’W 48.94 ft. to a metal post in fence at the margin of Hwy. 52 thence N-9°-27-E
with Highway 111.00 ft. to the beginning and containing 0.89 acres and
being a portion of Hogue Property described in Book 217 pg. 309.”
previous and last conveyance being a Warranty Deed (with a survey
attached thereto) dated August 8, 1995 from Michael Hogue and Sharon
Hogue to Michael J. Bowman, and same is of record in W. Deed Book 269,
Page 120 in the Register’s Office of Overton County, Tennessee.
For Tax Purposes being Overton County Tax Map 36H, Group B, Parcel 4.02.
Street Address: 2028 Celina Highway, Livingston, TN 38570.
Current Owners of Property: Michael J. Bowman and wife, Heather Bowman.
street address of the above described property is believed to be 2028
Celina Highway, Livingston, Tennessee 38570, but such address is not
part of the legal description of the property sold herein and in the
event of any discrepancy, the legal description herein shall control.
equity of redemption, the statutory right of redemption, homestead, and
all other exemptions of every kind are waived in said Deed of Trust,
and the title is believed to be good, but the undersigned will sell and
convey only such titles as he may convey as Trustee there being no
representations or covenants of warranty of title made hereby.
sale shall be made for cash in bar of all right and equity of
redemption, homestead, dower, and all other rights of exemptions of
every kind, all of which are expressly waived in said Deed of Trust.
rights of equity of redemption, homestead, right to an elective share,
and all other exemptions are expressly waived in said Deed of Trust and
title is believed to be good, but I will sell and convey only as
is not aware of any lien claimed by the United States with respect to
which the provisions of U.S.C. § 7425(b) require notice to be given to
the United States. Trustee is not aware of any lien or claim of lien by
the State of Tennessee with respect to which the provisions of §
67-1-1433(b) of the Tennessee Code Annotated require notice to be given
to the State of Tennessee.
upon information and belief, is presently aware of the following
parties having interest pursuant to Tennessee. Code Ann. § 35-5-104(d):
Attention Funding & Trust, c/o Buffaloe & Associates, 201 4th Ave. N. Ste 1300, Nashville, TN 37219;
VLNV Funding LLC, c/o Buffaloe & Associates, 201 4th Ave. N. Ste 1300, Nashville, TN 37219;
Worldwide Asset Purchasing II, LLC, c/o Buffaloe & Associates, 201 4th Ave. N. Ste 1300, Nashville, TN 37219;
Livingston Financial, LLC originally Citibank Goodyear, c/o Paul L. Mendelson, Estate Place, Memphis, TN 38120;
NCO Portfolio Management as assignee of Chase, c/o Barry J. Gammons, 209 10th Ave. S., Ste 525, Nashville, TN 37203;
North Star Capital Acquisition, LLC, c/o Shon Leverott, 204 E. Market St., Louisville, KY40202.
Notice of Sale has been published in accordance with T.C.A. § 35-5-101,
§ 35-5-104 and § 35-5-117 et seq. and any provisions of the Deed of
Trust affecting same beginning December 19, 2012.
to T.C.A. § 35-5-117(i), Trustee gives notice that the Notice of Right
to Foreclose pursuant to T.C.A. § 35-5-117 was served upon the debtors,
U.S. Mail first class postage prepaid, on or before March 9, 2012, more
than sixty (60) days prior to the first publication date of Tuesday,
December 19, 2012, pursuant to the statutory requirements.
This sale shall further be subject to any announcements made at the time of the sale.
Trustee reserves the right to postpone or set over the date of sale in
the event the Trustee deems it best for any reason at the time of sale
to postpone or continue this sale from time to time, with such notice of
postponement as deemed reasonable by Trustee. In the event the highest
bidder at such sale fails to complete his purchase of the subject real
property within the applicable time allowed, the undersigned Trustee
reserves the right to complete the sale of the subject real property,
without further notice of advertisement, to the next highest bidder who
is able to consummate his purchase of the property within the time
permitted by the Trustee. The proceeds derived from the sale of the
property will be applied as provided for in said Deed of Trust and are
made a part hereof as if set forth verbatim herein.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
the conclusion of the sale, I, J. Steve Daniels, Trustee, will make,
execute, and deliver a Trustee’s Deed to the purchaser at the sale of
the above described land, as Trustee, in as full and ample manner as the
Trustee can convey the same.
This the 12th day of December, 2012.
for AMERICAN SAVINGS BANK, Lender
(now American Bank & Trust of the Cumberlands)
Attorney at Law,
181 Windle St.,
Livingston, TN 38570
12-18, 12-25, 1-1 3TC.
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