Details for NOTICE OF SUBSTITUTE TRUSTEE’S SALE

NOTICE OF SUBSTITUTE TRUSTEE’S SALE

 

Whereas, default having been made in the terms, conditions and payment of the debts and obligations secured to be paid by that certain Deed of Trust executed on January 26,  2015,  by  Keith H. Landry and wife, Janice B. Landry (AKA Janna L. Landry and Janice L. Landry), to, Courtney T. Arena, Trustee, as same appears of record in the Register’s Office of Williamson County, Tennessee, as Instrument No. 15003756  recorded  in Record  Book 6370, Pages 188-203 in said Register’s Office (the “Deed of Trust”) and

 

Whereas, the beneficiary of said Deed of Trust is Simmons Bank, (successor by merger to First State Bank) (“Beneficiary”);

 

Whereas, Simmons Bank, the current owner and holder of said Deed of Trust appointed David F. Leake as Substitute Trustee by instrument number 20005946, and in  Book 7888, Page 391 filed for record in the Register’s Office of Williamson County, Tennessee, with all the rights, powers, and privileges of the original Trustee named in said Deed of Trust; and

 

NOW, THEREFORE notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Owner and Holder, and that the undersigned, David F. Leake, Substitute Trustee, by virtue of the power and authority vested in  him, will on Thursday, August  6, 2020, commencing  at twelve  o’clock noon at the Front Door of the Williamson County Historic Court House located at 305 Public Square, Franklin, Tennessee 37064, proceed to sell at public outcry to the highest and best bidder for cash, the following described real property situated in Williamson County, Tennessee, to wit:

 

Lot No. 615, as show on the Final Subdivision Plat for Westhaven, Section 14, of record in Plat Book 43, Page 22, in the Register’s Office for Williamson County, Tennessee, to which plan reference is hereby made for a more complete description thereof.

 

Tax Parcel ID# 077B-G-045.00

 

The street address of the above described property is believed to be 109 Morning Mist Lane, Franklin, TN 37064, but such address is not part of the legal description of the property sold herein, and in the event of any discrepancy, the legal description shall control.

 

The current owner of the real property described above is Keith H. Landry and wife Janna L. Landry (aka as Janice B. Landry and Janice L. Landry).

 

At the time of this publication, a search of the public records reveals no lien filed by the United States or the State of Tennessee that affects the above-described property. This sale is subject to, without limitation, all matters shown on any applicable recorded plat; any unpaid real or personal property taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances including those created by a fixture filing or any applicable homeowners’ association dues or assessments; all claims or other matters, whether of record or not, which may

 

encumber the purchaser’s title and any matter that an accurate survey of the premises might disclose.

 

The following parties may claim an interest in the above-referenced real property to be affected by the aforesaid sale: any judgment creditor or lien holder with an interest subordinate to the said Deed of Trust or any party claiming by, through, or under any of the foregoing. Such parties known to the Substitute Trustee may include:

 

U.S. Small Business Administration SunTrust Mortgage, Inc.

 

All right and equity of redemption, homestead, dower and all other exceptions are expressly waived in said Deed of Trust, and the title is believed to be good, but the Substitute Trustee will convey and sell only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day or time certain without further publication, upon announcement at the time set forth above.

 

Terms of Sale will be public auction, for cash, free and clear of rights of homestead, redemption and dower to the extent disclaimed or inapplicable and the rights of Keith H. Landry and wife Janice B. Landry, (aka Janna L. Landry and Janice L. Landry) and those claiming by or through them.

 

If you purchase the real property at the foreclosure, the entire purchase price is due and payable at the conclusion of such auction in the form of a certified/bank check made payable to or endorsed to David F. Leake, Trustee. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.

 

This real property is being sold with the express reservation that the sale is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded only by the Substitute Trustee at any time. If the Substitute Trustee rescinds the sale, the purchaser shall only be entitled to a return of any money paid towards the purchase price and shall have no other recourse. Once the purchaser tenders the purchase price, the Substitute Trustee may deem each sale final, in which case the purchaser shall have no remedy. The real property will be sold AS IS, WHERE IS, with no warranties or representations of any kind, express or implied, including without limitation, warranties regarding condition of the property or marketability of title.

 

 

 

This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.

 

 

David F. Leak, Substitute Trustee Date: June 11, 2020

 

THE WINCHESTER LAW FIRM, PLLC

6060 Poplar Avenue, Suite 295

Memphis, TN 38119

(901) 685-9222

dleak @winchesterlawfinn.com

 

Publish Dates: July 16, 23, and 30th , 2020

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