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Trustee Sale: Johnson (2/26/3t)

FORECLOSURE SALE NOTICE

WHEREAS, Deborah J. Johnson a/k/a Deborah McGinley, and William J. Johnson, Sr., by a Deed of Trust dated December 7, 2010, of record in Record Book 89, Page 71, Register’s Office for Overton County, Tennessee (“Deed of Trust”), conveyed to FMLS, Inc., Trustee, the hereinafter described real property to secure the payment of certain indebtedness, etc., (“Indebtedness”) as described in said Deed of Trust; and

WHEREAS, Sam J. McAllester III, David M. Anthony, C. Tucker Herndon and Gregory G. Vick have been appointed Substitute Trustees by Regions Bank, the owner and holder of said Indebtedness, by an instrument of record in Record Book 116, Page 362, Register’s Office for Overton County, Tennessee, with authority for any one of such Substitute Trustees to act alone or by a designated agent with the powers given the Trustee in the Deed of Trust and by applicable law; and

WHEREAS, default in indebtedness secured by said Deed of Trust has been made; and

WHEREAS, Regions Bank, 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 the foreclosure, in accordance with the terms and provisions of the loan documents and Deed of Trust.

NOW, THEREFORE, notice is hereby given that one of the Substitute Trustees or a designated agent for any one of the Substitute Trustees, pursuant to the power, duty and authority vested in and imposed upon the Trustee in said Deed of Trust and applicable law, will on Tuesday, March 19, 2013 at 12 o’clock p.m., prevailing time, at the Front Door of the Overton County Courthouse, County, 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 and exemptions of every kind as waived in said Deed of Trust, certain real property situated in Livingston, Overton County, Tennessee, described as follows:

Legal Description: The real property is described in the Deed of Trust of record in Record Book 89, Page 71, Register’s Office for Overton County, Tennessee. Being the same real property described in the Warranty Deed of Record in Book 311, Page 255, Register’s Office for Overton County, Tennessee.

Street Address: The street address of the property is believed to be 829 Apple Drive, Livingston, Overton County, Tennessee, 38570, 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.

Map/Parcel Number: 045-O-E-015.00

A CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN THE 6TH CIVIL DISTRICT OF OVERTON COUNTY, TENNESSEE, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

TRACT 1: BEING LOT NO. 10 IN SECTION THREE OF THE OVERTON HEIGHTS ADDITION TO THE TOWN OF LIVINGSTON, A PLAT OF SAID ADDITION BEING OF RECORD IN THE REGISTER’S OFFICE OF OVERTON COUNTY, TENNESSEE, IN PLAT BOOK 1, PAGE 23 ET SEQ. (NOW PLAT CABINET A. FOLDER). THE FOLLOWING DESCRIPTION OF LOT 10 IS TAKEN FROM THE RECORDED PLAT AND THE SURVEYED DESCRIPTION OF TRACT 2 BELOW: BEGINNING AT AN IRON STAKE IN THE SOUTHEAST CORNER OF LOT 11 AND THE SOUTHWEST CORNER OF THIS LOT (LOT 10), SECTION 3 OF THE OVERTON HEIGHTS SUBDIVISION: THENCE SOUTH 83 DEGREES EAST APPROXIMATELY 100 FEET TO AN IRON STAKE, BEING THE NORTHEAST CORNER OF LOT 39 AND A CORNER OF LOT 9; THENCE WITH LOT 9 NORTHWARDLY APPROXIMATELY 155 FEET TO AN IRON STAKE IN THE SOUTH MARGIN OF APPLE DRIVE; THENCE WITH THE SOUTH MARGIN OF APPLE DRIVE NORTH 83 DEGREES WEST APPROXIMATELY 100 FEET TO AN IRON STAKE, THE NORTHEAST CORNER OF LOT 11; THENCE LEAVING APPLE DRIVE AND WITH THE EAST LINE OF LOT 11 SOUTHWARDLY 155 FEET TO AN IRON STAKE, BEING THE PLACE OF BEGINNING. BEING A PORTION OF THE LAND OF CHLOE BEATY AS DESCRIBED OF RECORD IN DEED BOOK 97, PAGE 305, REGISTER’S OFFICE, OVERTON COUNTY, TENNESSEE.

TRACT II: BEGINNING AT AN IRON STAKE IN THE SOUTHEAST CORNER OF LOT NO. 11 AND THE SOUTHWEST CORNER OF LOT NO. 10, SECTION 3, OF THE OVERTON HEIGHTS SUBDIVISION OF LIVINGSTON, TENNESSEE, RUNNING THENCE SOUTH 07 DEGREES 35 MINUTES WEST 162 FEET TO AN IRON STAKE, BEING THE SOUTHEAST CORNER OF LOT NO. 38, SECTION 3, OVERTON HEIGHTS SUBDIVISION OF LIVINGSTON, TENNESSEE; THENCE RUNNING NORTH 67 DEGREES EAST 169 FEET TO AN IRON STAKE, BEING THE SOUTHEAST CORNER OF LOT 39, AT PEACH DRIVE; THENCE NORTH 25 DEGREES WEST 90 FEET TO AN IRON STAKE IN THE SOUTHEAST CORNER OF LOT NO. 10, SECTION 3, OVERTON HEIGHTS SUBDIVISION OF LIVINGSTON, TENNESSEE; THENCE NORTH 83 DEGREES WEST 100 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.36 ACRES, AND BEING A PORTION OF LOT NO. 39, SECTION 3, OF THE OVERTON HEIGHTS SUBDIVISION OF LIVINGSTON, TENNESSEE. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY.

BEING THE SAME PREMISES CONVEYED TO DEBORAH MCGINLEY FROM JOHN T. DUBREE ET UX, JESSIE DUBREE BY WARRANTY DEED OF RECORD IN BOOK 311, PAGE 255, REGISTER’S OFFICE FOR OVERTON COUNTY, TN.

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 MERCHANTABILITY, CONDITION, OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

Other interested parties: Tennessee Department of Revenue, Tennessee Department of Labor & Workforce Development, Capital One Bank USA, N.A.

As to all or any part of the Property, the right is reserved to (i) delay, continue or adjourn the sale to another time certain or to another day and time certain, without further publication and in accordance with law, upon announcement of said delay, continuance or adjournment on the day and time and place of sale set forth above or any subsequent delayed, continued or adjourned day and time and place of sale; (ii) sell at the time fixed by this Notice or the date and time of the last delay, continuance or adjournment or to give new notice of sale; (iii) sell in such lots, parcels, segments, or separate estates as Substitute Trustee may choose; (iv) sell any part and delay, continue, adjourn, cancel, or postpone the sale of any part of the Property; (v) sell in whole and then sell in parts and consummate the sale in whichever manner produces the highest sale price; (vi) and/or to sell to the next highest bidder in the event any high bidder does not comply with the terms of the sale.

A Notice of State Tax Lien has been filed by the Tennessee Department of Revenue against Deborah J. Johnson, Individually and d/b/a WD Maintenance and Repair, of record in Record Book 84, Page 576, Register’s Office for Overton County, Tennessee. A Notice of State Tax Lien has been field by the Tennessee Department of Labor & Workforce Development, against Deborah J. Johnson, Individually and d/b/a WD Maintenance and Repair, of record in Record Book 99, Page 886, Register’s Office for Overton County, Tennessee. A Notice of State Tax Lien has been filed by the Tennessee Department of Labor & Workforce Development, against William J. Johnson, Sr., d/b/a WD Maintenance and Repair, of record in Record Book 87, Page 216, Register’s Office for Overton County, Tennessee. Timely notice has been given by the Substitute Trustee to the Department of Revenue, State of Tennessee, pursuant to T.C.A. §67-1-1433(b)(1). The sale of this property will be subject to the rights of the Department of Revenue, State of Tennessee, and the Tennessee Department of Labor & Workforce Development, to redeem said property under the provisions of T.C.A. §67-1-1433(c).

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 property by Trustee’s Quitclaim Deed as Substitute Trustee only.

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 exist as a lien against 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 or federal; and any and all prior deeds of trust, 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 THAT PURPOSE.

THIS 18th day of February, 2013.

Sam J. McAllester III,

Substitute Trustee

BONE MCALLESTER NORTON PLLC

511 Union Street, Suite 1600

Nashville, Tennessee 37219

615-687-5789

Insertion Dates:

February 26, 2013

March 5, 2013

March 12, 2013

2/26/3tc

 
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