TRUSTEE’S NOTICE OF FORECLOSURE SALE
Notice is hereby given that default has been made in the payment of that certain indebtedness (the “Indebtedness”) due from Roger Dale Bilbrey and Edna Bilbrey (the “Grantors”) to Bank of Putnam County (the “Lender”), secured by Deed of Trust executed on February 22, 2016, by Edna Bilbrey to Pointer Title Services, Inc., Trustee, recorded in Book 158, Page 479, in the Register’s Office for Overton County, Tennessee, (the “Deed of Trust”). Default having occurred, the Lender has exercised its option to declare the entire Indebtedness due and payable, and has made demand for foreclosure pursuant to the Deed of Trust.
OVERTON COUNTY PROPERTY: The phrase “Overton County Property” as used herein shall mean all of the Grantor’s right, title, and interest in and to the following described real property (together with all existing or subsequently erected or affixed improvements and fixtures, all appurtenant easements and rights of way, and other appurtenances) described as follows:
Warranty Deed from Larry David Bilbrey, Kent Bilbrey, Roger Bilbrey, Reba June Bilbrey Flowers, Mark Bilbrey, and Chloe E. Bilbrey, being all the children, heirs at law, and widow of Billy G. Bilbrey, deceased, to Chloe E. Bilbrey, of record in Book 312, Page 676, R.O.O.C.T.
Tax Map 45-O, Group I, Parcel 008.00
Address: 809 Doak Street, Livingston, TN 38570
The legal description shall control in the event of any inconsistency among the legal description, address, or tax map identification number.
CONDITIONS OF SALE: Pointer Title Services, Inc., Trustee, or its agent, acting under the authority vested in the Trustee by the Deed of Trust, will be at the front door (North Court Square entrance) of the Overton County Courthouse, Livingston, Tennessee on February 28, 2019 at 11:00 A.M. (prevailing Central Time) to offer for cash sale to the highest and best bidder at public auction in bar of and free from all rights of redemption afforded by statute, equitable rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other rights waived by the Grantor in the Deed of Trust, the real property as described hereinabove, to effect satisfaction of principal, interest, and costs due on promissory note dated February 22, 2016, from Roger Dale Bilbrey and Edna Bilbrey to Bank of Putnam County, and secured by the aforementioned Deed of Trust to Pointer Title Services, Inc., Trustee, as well as to pay all attorney’s fees and costs necessarily incident to this foreclosure. The Trustee shall convey the real property to the bidder with the highest and best bid of all bidders present at the sale.
A review of the records at the Register’s Office for Overton County, Tennessee disclosed that the Property may be subject to certain matters set forth below, and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Trustees Notice of Sale.
Any and all unpaid ad valorem taxes payable to Overton County, Tennessee (plus penalty and interest, if any) that may be a lien against the Property.
Matters which an accurate survey of the Property might disclose.
All other easements and restrictions of record in said Register’s Office.
U.C.C. Financing Statement from Chloe Bilbrey to Vanderbilt Mortgage and Finance, Inc., securing an indebtedness in the amount of $7,030.00, recorded January 17, 2017 in Book 171, page 853, R.O.O.C.T.
The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.
Said sale will be subject to any and all unpaid ad valorem taxes (plus penalty and interest, if any) that may be a lien against the Property, and subject to any and all liens, defects, encumbrances, adverse claims and other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, and subject to any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency. Said sale is also subject to matters which an accurate survey of the Property might disclose.
The Overton County Property is being sold “AS IS WHERE IS” without warranty or representation by the Trustee. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
TRUSTEE RESERVES THE RIGHT TO ADJOURN THE DAY OF THE SALE TO ANOTHER DAY, TIME AND PLACE CERTAIN WITHOUT FURTHER PUBLICATION, UPON ANNOUNCEMENT OF SAID ADJOURNMENT AT THE TIME AND PLACE FOR THE SALE SET FORTH ABOVE.
IN THE EVENT THE HIGHEST BIDDER DOES NOT CLOSE THE SALE WITHIN THE TIME PROVIDED, THE TRUSTEE RESERVES THE RIGHT TO CLOSE THE SALE WITH THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID.
The Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey the property only as Trustee. Title to the property is to be conveyed subject to all prior liens, easements, covenants, conditions, encumbrances, and restrictions that may exist including, without limitation, any unpaid ad valorem taxes or other taxes. The proceeds of the sale will be applied in accordance with the terms of the Deed of Trust.
This 31st day of January, 2019.
Pointer Title Services, Inc., Trustee
By: /s/ David Matson, Attorney
Pointer Title Services, Inc.
206-C S. Jefferson Ave.
Cookeville, TN 38501
2-5, 2-12, 2-19 3TC