Details for FORECLOSURE SALE NOTICE WHEREAS
FORECLOSURE SALE NOTICE
WHEREAS, Walt Odare executed an All-Inclusive Deed of Trust dated May 21, 2020 in favor of Robert J. Notestine, III, Trustee, to secure a Promissory Note payable to the order of Brad Smotherman in the original amount of $113,917.00 which Promissory Note is more fully described in Book T162, page 1, in the Register's Office of Moore County, Tennessee, to which reference is hereby made (the "Deed of Trust"), and to secure payment of other indebtedness then existing or to arise thereafter; and
WHEREAS, R. Houston Akin of Davidson County has been appointed Trustee by Brad Smotherman, the owner and holder of the Indebtedness, by instrument of record at T163, page 519, Register's Office for Moore County, Tennessee, with authority to act under the powers given the Trustee under the Deed of Trust and be applicable law; and
WHEREAS, defaults under the Indebtedness secured by the Deed of Trust have occurred; and
WHEREAS, the owner and holder of said Indebtedness has demanded that the real property be advertised and sold in satisfaction of said Indebtedness and the cost of said foreclosure, in accordance with the terms, conditions and provisions of the loan documents and the Deed of Trust
NOW, THEREFORE, notice is hereby given that the Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon the Trustee in said Deed of Trust and under applicable law, will on Monday, October 26, at 12:00 p.m. o'clock, prevailing time, at the entrance to the Moore County Courthouse, Lynchburg, Tennessee offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory right of redemption or otherwise, homestead, dower, elective share and all other rights of exemption of every kind as waived in said Deed of Trust, certain property described as follows, to-wit:
Situated and lying in the 11th civil district of Moore County, Tennessee, and being more particularly described as follows, to wit:
Beginning at a capped rebar found in the North boundary of the 20 foot right-of-way of Tankersley Ridge Road at the Southwest corner of the herein described tract, said point being further described as being the Southeast corner of the 6.04 acre tract #2 and being located in North 17, 04 minutes, 43 seconds West, 66.22 feet from a power pole on the southside of Tankersley Ridge Road; thence from the point of beginning leaving Tankersley Ridge Road with Tract in North 73 37 minutes 18 seconds East, 100.91 feet to a capped rebar found; thence North 87, 42 minutes, 47 seconds east, 70.70 feet to capped rebar found, this South 31 41 minutes 37 seconds East, 27.40 feet to a rebar found, thence South 33 32 minutes 06 seconds East, 249.91 feet to a capped rebar found in the west boundary of the Hoselton Tract (Deed Book 68, page 49); thence with Hoselton South 04 43 minutes, 30 seconds west, 74.24 feet to a capped rebar found in the set boundaries of Tankersley Ridge Road, thence with Tankersley Ridge Rd., North 64, 08 minutes, 52 seconds West, 135.84 feet to capped rebar found; thence North 50 37 minutes 31 seconds West, 69.64 feet to a capped rebar found, that's North 38, 51 minutes, 44 seconds west, 219.51 feet to the point of beginning, said tract contains 1.01 acres more or less as surveyed, by Kurt M. Johnson, TN RLS# 1632, dated December 2, 2011.
Included with the above described tract is a sewage field tine easement and being more particularly described as follows:
Beginning at the point of beginning of the above described 1.01 acre tract; thence from the point of beginning of the herein described easement with Tankersley Ridge Road along a curve to the left having a radius of 1613.47 feet, a delta angle of 02, 18 minutes, 06 seconds, a chord bearing of North 39, 45 minutes, 23 seconds West, and a chord distance of 64.82 feet, for an arc length of 64.82 feet to a point; thence leaving Tankersley Ridge Rd., North 39, 37 minutes, 01 seconds East, 60.20 feet to a point, thence South 01 28 minutes 18 seconds west 30.36 feet to a point in the boundary line between Tract #1 and #2, thence with the said boundary line, South 87 42 minutes 47 seconds West, 25.32 feet to a capped rebar found; thence South 73 37 minutes 18 seconds West, 100.91 feet to the point of beginning. Said easement contains 0.22 acres more or less as surveyed by Kurt M. Johnson, TN RLS# 1632, dated December 12, 2002.
Being the same property conveyed to Walt ODare, from Brad Smotherman, by deed on May 21, 2020, of record in Book D80, page 13, Register's Office for Moore County, Tennessee.
The address of the property is, upon best information and knowledge, believed to be 165 Tankersley Ridge Road, Tullahoma, TN 37388, but such address is not part of the legal description of the property. In the event of any discrepancy, the legal description herein shall control.
This property is sold AS IS, WHERE IS AND WITH ALL FAULTS, and without any representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MECHANTABILITY, CONDITION OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
Other interested parties:
The right is reserved to (i) delay the sale to another time certain or adjourn the day of the sale to another day and time, without further publication and in accordance with law, upon announcement of said delay or adjournment on the day and time and place of the sale set forth above; (ii) sell the Property at the time fixed by the last postponement or to give new notice of sale; (iii) sell the Property in such lots, parcels, segments, or separate estates as the Substitute Trustee may choose; (iv) sell part of the Property and delay, adjourn, cancel, or postpone the sale of the remaining part of the Property; (v) sell the Property in whole and then to sell the Property in parts and to consummate the sale in whichever manner produces the highest sale price; (vi) to sell to the next highest bidder in the event any higher bidder does not comply with the terms of the sale.
The Substitute Trustee will make no covenant of seisin, marketability of title or warranty of title, express or implied, and will sell and convey the subject real estate by Trustee's Deed as Substitute Trustee only and not otherwise.
This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes and assessments (plus penalties, interest and costs) which exists as a lien against the said Property; any restrictive covenants, easements or setback lines that may be applicable; any rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state of federal; and any and all prior deeds of trusts, liens, dues, assessments, encumbrances, defects, adverse claims and other matters that may take priority over the Deed of Trust upon which this foreclosure sale is conducted or are not extinguished by this Foreclosure Sale. This sale is also subject to any matter that an inspection and accurate survey of the property might disclose.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.
Dated this 29th day of September 2020.
R. Houston Akin, Substitute Trustee
Nashville, TN 37206
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