SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated MAY 13, 2004, executed by CRAIG ROACH (AKA CRAIG ALLEN ROACH) AND KIM ROACH (AKA KIMBERLY JOYCE GILMORE; FKA KIMBERLY ROACH; FKA KIMBERLY HOPKINS), to RANDALL E. GRAHAM, Trustee, of record in TD BOOK 345, PAGE 288, for the benefit of FIRST NATIONAL BANK OF THE CUMBERLANDS, in the Register’s Office for OVERTON County, Tennessee and to J. PHILLIP JONES AND/OR JESSICA D. BINKLEY, either of whom may act, appointed as Substitute Trustee in an instrument of record in the Register’s Office for OVERTON County, Tennessee, to secure the indebtedness described;
WHEREAS, said Deed of Trust was last assigned to TENNESSEE HOUSING DEVELOPMENT AGENCY, the entire indebtedness having been declared due and payable by TENNESSEE HOUSING DEVELOPMENT AGENCY BY AND THROUGH ITS SERVICER AND AUTHORIZED AGENT, U.S. BANK NATIONAL ASSOCIATION, as provided in said Deed of Trust, I, J. PHILLIP JONES/JESSICA D. BINKLEY, will by virtue of the power and authority vested in me as Substitute Trustee, on FRIDAY, FEBRUARY 14, 2014 AT 1:00 P.M. (LOCAL TIME), ON THE STEPS, AT THE FRONT OF THE OLD OVERTON COUNTY COURTHOUSE ON THE SQUARE IN LIVINGSTON, OVERTON COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in OVERTON County, Tennessee, to wit:
PROPERTY LOCATED IN THE COUNTY OF OVERTON, TENNESSEE:
LOCATED IN THE 12TH CIVIL DISTRICT OF OVERTON COUNTY, TENNESSEE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN IN THE SOUTHERN MARGIN OF AIRPORT ROAD, A CORNER OF CARWILE; THEN WITH THE SOUTHERN MARGIN OF AIRPORT ROAD N 87-22-14 W 200.11 FT. TO A STEEL FENCE POST IN THE EASTERN MARGIN OF A 20 FEET WIDE RIGHT-OF-WAY AT THE INTERSECTION OF AIRPORT ROAD; THEN LEAVING AIRPORT ROAD AND WITH THE EASTERN MARGIN OF THE 20 FEET WIDE RIGHT-OF-WAY S 07-26-37 W 217.37 FT TO A STEEL FENCE POST; THEN LEAVING THE RIGHT-OF-WAY S 87-15-40 E 202.23 FT. TO A STEEL FENCE POST, A CORNER OF DANIELS; THEN N 07-10-45 E 49.94 FT TO A STEEL FENCE POST, A CORNER OF DANIELS AND CARWILE; THEN N 06-50-06 E 167.65 FT. TO THE BEGINNING.
THE SOURCE OF THIS DESCRIPTION IS A LOAN SURVEY BY CONRAD E. GERNT, R. L. S. #457 DATED 4/94.
BEING THE SAME PROPERTY CONVEYED TO CRAIG ROACH AND WIFE KIM ROACH, BY WARRANTY DEED DATED MAY 13, 2004 OF RECORD IN WD BOOK 310, PAGE 111, IN THE REGISTER’S OFFICE OF OVERTON COUNTY, TENNESSEE.
ALSO BEING THE SAME PROPERTY CONVEYED FROM CRAIG ROACH TO KIM ROACH, BY QUITCLAIM DEED DATED FEBRUARY 22, 2009 OF RECORD IN RECORD BOOK 62, PAGE 704, IN THE REGISTER’S OFFICE OF OVERTON COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 1277 AIRPORT ROAD, LIVINGSTON, TENNESSEE 38570.
MAP 036H GROUP A PARCEL 004.02
THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY.
THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS WHICH TAKE PRIORITY OVER THE DEED OF TRUST UNDER WHICH THIS FORECLOSURE SALE IS CONDUCTED, INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/ INTERNAL REVENUE SERVICE, THE STATE OF TENNESSEE DEPARTMENT OF REVENUE, OR THE STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORK FORCE DEVELOPMENT ARE LISTED AS INTERESTED PARTIES IN THE ADVERTISEMENT, THEN THE NOTICE OF THIS FORECLOSURE IS BEING GIVEN TO THEM, AND THE SALE WILL BE SUBJECT TO THE APPLICABLE GOVERNMENTAL ENTITIES RIGHT TO REDEEM THE PROPERTY, ALL AS REQUIRED BY 26 U.S.C. 7425 AND T.C.A. 67-1-1433. IF APPLICABLE, THE NOTICE REQUIREMENTS OF T.C.A. 35-5-117 HAVE BEEN MET.
THE RIGHT IS RESERVED TO ADJOURN THE DAY OF THE SALE TO ANOTHER DAY, TIME AND PLACE CERTAIN WITHOUT FURTHER PUBLICATION, UPON ANNOUNCEMENT AT THE TIME AND PLACE FOR THE SALE SET FORTH ABOVE. THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE
IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.
OTHER INTERESTED PARTIES: CRAIG ROACH
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This day, January 16, 2014. This is improved property known as 1277 AIRPORT ROAD, LIVINGSTON, TENNESSEE 38570.
J. PHILLIP JONES/
JESSICA D. BINKLEY,
1800 HAYES STREET
NASHVILLE, TN 37203
1-14, 1-21,1-28, 3TC
IN CHANCERY COURT FOR OVERTON COUNTY, TENNESSEE AT LIVINGSTON
FRED STOUT et ux PALMA STOUT
RONNIE PHILLIPS et ux AMY PHILLIPS
CIVIL ACTION NO. 05-109
CHARLES D. BROWN, Defendant
PEDRO RIVERO, ET AL and
All the Unknown Bodily Heirs of PEDRO RIVERO, Third Party Defendants
ORDER OF PUBLICATION
In this cause, it appearing from the Petition, which is sworn to, that Third-Party Defendants, PEDRO RIVERO is believed to be a non-resident of the State of Tennessee and whereabouts unknown, so that ordinary process cannot be served upon the above third-party defendants, namely PEDRO RIVERO AND ALL UNKNOWN BODILY HEIRS OF PEDRO RIVERO.
IT IS THEREFORE ORDERED that the Third-Party Defendants file an answer in the Chancery Court of Overton County, Tennessee and with Plaintiff’s Attorney J. Steve Daniels, whose address is P.O. Box 13, Livingston, Tennessee 38570 within THIRTY (30) DAYS of the last day of publication or a judgment by default may be entered and the cause set for a hearing EX PARTE for the relief demanded in the complaint.
This Notice will be published in the LIVINGSTON ENTERPRISE a newspaper published in Livingston, Overton County, Tennessee for four (4) successive weeks.
This is the 13th day of January, 2014.
Clerk & Master
1-14, 1-21, 1-28, 2-4, 4TC
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