TRUSTEE'S SALE OF REAL ESTATE
WHEREAS, by Deed of Trust recorded in the Register's Office for Scott County, Tennessee, in Trust Deed Book 277, Page 197, on October 18, 2012, Charles Smith and wife, Jeannie Smith, conveyed to Joseph G. Coker, Trustee, the hereinafter described real property, to secure the payment of one Promissory Note dated October 15, 2012, in the amount of Ninety Four Thousand ($94,000.00) Dollars, to Jerry C. Stephens, all as fully set forth in said Deed of Trust and Promissory Note; and
WHEREAS, default has been made in the payment of the above referenced indebtednesses, and other provisions of the Trust Deed have been violated, and the legal holder of the Promissory Note secured by the said Trust Deed has declared the entire amount due and payable as provided in said Trust Deed, and the undersigned, as Trustee, has been directed to foreclose the aforesaid Trust Deed in accordance with the terms thereof, and the public is hereby notified that the undersigned Trustee will sell the hereinafter described real estate at public auction, to the highest and best bidder, for cash in hand, on the front steps of the Scott County Courthouse in Huntsville, Tennessee, at 12:00 Noon on March 14, 2017, said property to be sold in bar of the equity of redemption.
Subject lands are set forth as follows:
Those lands described in Quitclaim Deed from Jerry C. Stephens to Charles Smith and wife, Jeannie Smith dated October 5, 2012, and recorded in Deed Book 282, Page 405, in the Register's Office for Scott County, Tennessee, on October 18, 2012.
Records in the office of the Property Assessor for Scott County, Tennessee, identify the above described property as follows: Tax Map: 033, Group: N/A, Control Map: 033, Parcel: 003.00.
Subject property is 189 acres, more or less, located on the mountain between Jellico Creek and Gum Fork on Cordell Branch, a/k/a Davis Branch and North of Upper Jellico Creek Road.
This sale will be free from the equitable right of redemption under the laws of the State of Tennessee, homestead, dower and other exemptions, the same having been waived in said Trust Deed, and will be subject to all unpaid taxes and subject to any easements and restrictions or prior liens or mortgages of record, if any. If the highest bidder is unable to comply with the terms of the sale, I reserve the right to proceed to the next highest bidder able to comply or to re-advertise if I so choose. The right is reserved to adjourn the day of sale to another date certain without further publication upon announcement at the time set above. The holder of the Promissory Note shall have the right to bid at said sale.
The Trustee is aware of a Judgment Lien against Jennifer M. Smith and in favor of Calvary Portfolio Services, LLC, et al entered in a case styled Cavalry Portfolio Services, LLC, et al v. Jennifer M. Smith, Scott County General Sessions Court No. 8898 639, on November 17, 2006 and recorded in Miscellaneous Book 159, Page 700 in the Register's Office for Scott County, Tennessee, on January 19, 2007 in the amount of Two Thousand Thirty Eight Dollars and Seventy Cents ($2,038.70) plus interest at ten (10.00%) percent and cost of suit and that attorney Christopher W. Conner who is the attorney for Plaintiff will receive a copy of this Notice of Trustee's Sale of Real Estate.
The Trustee is further aware of an Agreed Judgment entered in a case styled LVNV Funding, LLC v. Jennifer M. Smith, Scott County General Sessions Court No. 2013CV296, on February 26, 2014 and recorded in Miscellaneous Book 188, Page 146 in the Register's Office for Scott County, Tennessee, on April 8, 2014, granting judgment in favor of the Plaintiff, LVNV Funding, LLC against the Defendant, Jennifer M. Smith in the amount of Two Thousand Three Hundred Thirty Three Dollars and Eighty Two Cents ($2,333.82) plus court costs and post judgment interest at the rate of 5.25% per annum and that attorney Shon Leverett, who is the attorney for Plaintiff will receive a copy of this Notice of Trustee's Sale of Real Estate.
The Trustee is further aware of a Federal Tax Lien filed by the Department of the Treasury - Internal Revenue Service against Charles Smith dated March 17, 2015, and recorded in Miscellaneous Book 191, Page 567, in the Register's Office for Scott County, Tennessee, on March 23, 2015, and securing payment in the amount of Ten Thousand One Hundred Twenty Dollars and Thirty Cents ($10,120.30) as of March 17, 2015, and that proper notification will be sent to the Department of the Treasury - Internal Revenue Service of this Notice of Trustee's Sale of Real Estate.
To the best of the Trustee's knowledge, information, and belief, there are no further Federal or State tax lien claimants or other claimants upon the subject property which would require notice pursuant to the terms and provisions of T.C.A. § 35-5-104 or T.C.A.§ 67-1-1433 or 26 U.S.C. § 7425.
This is an attempt to collect a debt, and any information gathered in connection herewith will be utilized for that purpose.
This 25th day of January, 2017.
JOSEPH G. COKER, TRUSTEE