Details for NOTICE OF FORECLOSURE

NOTICE OF FORECLOSURE

WHEREAS, Edmond Lee Humphrey and Shirley Ann Humphrey and Dana Michelle Humphrey (the “Grantors”) by that certain Deed of Trust dated August 4, 2016 and recorded in Book 6832, page 751, in the Office of the Register of Deeds for Williamson County, Tennessee (the “Deed of Trust”), conveyed to Mark L. Puryear III, Trustee, the Property (defined below) to secure the payment of that certain promissory note described in the Deed of Trust (the “Indebtedness”), which Indebtedness is presently held and owned by Peal Company, LP.

 

WHEREAS, default has occurred by Grantor’s failure to comply with the terms and conditions of the Deed of Trust, and the Indebtedness has been declared due and payable as provided in the Deed of Trust, and the Indebtedness has not been paid; and

 

WHEREAS, Lender has demanded that the Property (defined below) be advertised and sold in satisfaction of the Indebtedness and the costs of foreclosure, in accordance with the terms of the Deed of Trust; and

 

WHEREAS, the undersigned Charles E. Morton IV has been duly appointed as Successor Trustee in the place and stead of Mark L. Puryear, III, Trustee, record of said appointment having been filed of record in Book 7303 page 250, Register’s Office for Williamson County, Tennessee.

 

NOW, THEREFORE, notice is hereby given that I, Charles E. Morton IV, Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, will on Tuesday, February 25, 2020 at 10:30 a.m. central time, at the front door of the Williamson County Judicial Center, 135 Fourth Avenue South, Franklin, Tennessee, offer for sale to the highest and best bidder for cash, free from the statutory right of redemption, homestead, dower and all other exemptions and marital rights, all of which are expressly waived in the Deed of Trust, the real property situated in Williamson County, Tennessee, described as follows, together with any and all improvements, tenements, hereditaments and appurtenances, all easements serving or benefiting the property, and any or all fixtures and improvements now or hereafter attached to the property (collectively, the “Property”):

A certain tract or parcel located in Williamson County, Tennessee, described as follows to-wit:

Located in Williamson County, State of Tennessee and being described as follows, to-wit:

 

Being a tract of land as shown on Property Map 97, Assessor’s Office, and lying wholly within the 1st Civil District of Williamson Count, Tennessee.  Bounded in general by Daughtery-Capley Road on the East; and Alan Brown remainder on the North, South and West, more particularly described as follows;

 

Commencing at an iron pin on the south west margin (25 ft. from the center) of Daughtery Capley Road the southeast corner of the Alan Brown 29.02 acre tract for which this is a part; thence N 46 deg. 25 min. 42 sec. W 263.72 ft. to an iron pin the true point of beginning for the following described 5 acre tract;

 

Thence leaving this true point of beginning and leaving Daughtery Capley Road S 43 deg. 34 min. 18 sec. W 482.36 ft. to an iron pin set;  thence N 46 deg. 25 min. 42 sec. W 396.90 ft. to an iron pin set; thence N 30 deg. 11 min 02. sec. E 473.92 ft. to an existing iron pin on the margin of Daughtery Capley Road; thence with the margin of said road and a curve to the right having the following characteristics: Delta= 13 deg. 23 min. 16 sec.; Radius= 784.44 min; Arc= 183.29 ft.; Tangent=92.07 ft.; Chord= S 53 deg. 07 min. 20sec. E 187.88 ft. to an iron pin; thence S 46 deg. 25 min. 42 sec. 325.00 ft. to the true point of beginning, containing 5.00 acres, more or less, according to a survey by Randolph L. Chapdelaine R.L.S. #1444 dated March 15, 1996.

 

Being the same property conveyed to EDMOND LEE HUMPHREY AND SHIRLEY ANN HUMPHREY, DANA MICHELLE HUMPHREY, individually and DANA MICHELLE HUMPHREY, TRUSTEE of the MALEENNA HUMPHREY IRREVOCABLE TRUST DATED AUGUST 4, 2016 by Warranty Deed from PEAL Company, LP  dated August 4, 2016, of record in Book 6832, Page 748, Register’s Office for Williamson County, Tennessee.  Edmond Lee Humphrey having since died leaving Shirley Ann Humphrey as the surviving tenant by the entirety as to the life estate.

 

The street address of the Property is believed to be: 7907 Daugherty Capley Road, Primm Springs, TN 38476. In the event of any discrepancy, the legal description herein shall control.

 

A review of the records at said Register’s Office 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 Notice of Foreclosure:

1. County taxes for 2018.

2. Deed of trust executed by Edmond Lee Humphrey and Shirley Ann Humphrey and Dana Michelle Humphrey dated August 4, 2016 and recorded in Book 6832, page 751, in the Office of the Register of Deeds for Williamson County, Tennessee.

 

3. Easements of record in Book 1532 page 98, Book 1645 page 276, Book 1580 page 880, Register’s Office for Williamson County, Tennessee.

 

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 Property is to be sold AS IS WHERE IS without 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 OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

 

The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of sale set forth above.  If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their successful bid, shall be deemed the successful bidder.

 

Successor Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey his interest in the Property by Successor Trustee’s Quitclaim Deed as Successor Trustee only.

This 14th day of January, 2020. 

/s/ Charles E. Morton IV

Charles E. Morton IV, Successor Trustee 

PURYEAR, NEWMAN & MORTON, PLLC

130 Fourth Avenue South  Franklin, Tennessee 37064

January 30, February 6, February 13 

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