Details for NOTICE OF SUCCESSOR TRUSTEE’S SALE

NOTICE OF SUCCESSOR TRUSTEE’S SALE

WHEREAS, CONNIE HARRISON (the “Grantor”) by that certain Home Equity Line of Credit – Open-End Deed of Trust dated January 18, 2008, of record as Instrument Number 08004238, in Book 4477, Pages 906-911, in the Register’s Office for Williamson County, Tennessee (the “Deed of Trust”), as modified by that Modification of Deed of Trust (With Increase) appearing of record as Instrument Number 18015018, in Book 7345, Pages 435-438, as amended by that Scrivener’s Affidavit appearing of record as Instrument Number 18018301, at Book 7363, Page 359, as modified by that Second Modification of Deed of Trust (With Increase) appearing of record as Instrument Number 19015436, at Book 7615, Pages 165-168, as amended by that Scrivener’s Affidavit appearing of record as Instrument Number 19016186, at Book 7619, Page 118, all in said  Register’s Office, conveyed to A. Neil Headden, as Trustee, the Property (as hereinafter defined) to secure the payment of certain indebtedness described in the Deed of Trust (the “Indebtedness”).  The Deed of Trust and the Indebtedness secured thereby is presently held and owned by TriStar Bank, a Tennessee banking corporation  (the “Lender”); and

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 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, Joseph J. Jensen, has been duly appointed as Successor Trustee in the place and stead of A. Neil Headden, said appointment being of record as Instrument Number 20015012, in Book 7947, Page 599, in said Register’s Office.

NOW, THEREFORE, notice is hereby given that I, Joseph J. Jensen, or my agent, Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, will on Thursday, May 14, 2020, at 11:00 a.m., prevailing Central Time, outside the south side entrance to the Williamson County Judicial Building, located at 135 4th Avenue South, Franklin, Williamson County, Tennessee, offer for sale to the highest and best bidder for immediately available funds, free from all rights, which Grantor 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”):

 

Lying, located and being situated within the Eighth Civil District of Williamson County, Tennessee, located on U.S. Highway 31, described according to a survey of Carlisle & Brown, dated March 15, 1982, as follows:

 

Beginning at an iron pin located in the northerly right of way line of U.S. Highway 31, said iron pin being the southeast corner of the Garland R. Gaither property and the southwest corner of the herein described land; thence with Gaither’s easterly line as follows: N. 0 degrees 44 minutes W. a distance of 155.30 feet to an iron pin; thence N. 3 degrees 44 minutes E. a distance of 347.80 feet to an iron pin located at the common corner of Garland R. Gaither, Roy A. Morelock, and Wilbert J. Davis; thence with Davis’ line N. 75 degrees 29 minutes E. a distance of 220.68 feet to an iron pin; thence with Davis’ line and Robert Don Johnson’s line N. 43 degrees 26 minutes E. a distance of 360.87 feet to an iron pin; thence with a new line S. 61 degrees 51 minutes E. a distance of 556.30 feet to an iron pin located in the right of way line of U.S. Highway 31; thence with the right of way line of U.S. Highway 31 as follows: southerly and westerly with a curve concave to the west having a radius of 895.00 feet a distance of 295.34 feet to a concrete monument; S. 37 degrees 20 minutes E. a distance of 30.00 feet to a pin; southerly and westerly with a curve concave to the west having a radius of 925.00 feet a distance of 297.66 feet to a concrete monument; S. 71 degrees 14 minutes W. a distance of 294.20 feet to a point; N. 18 degrees 46 minutes W. a distance of 5.00 feet to a point; S. 71 degrees 14 minutes W. a distance of 200.00 feet to a point; S. 18 degrees 46 minutes E. a distance of 5.00 feet to a point; S. 71 degrees 14 minutes W. a distance of 63.80 feet to the point of beginning, containing 10.00 acres, more or less.

 

Being the same property that was conveyed to Barry Harrison and wife, Connie Harrison, by Clerk and Master’s Deed, dated May 3, 1982, of record in Book 413, page 429, Register’s Office for Williamson County, Tennessee. AND Being the same property conveyed to Connie Clark Harrison (being one and the same person as Connie Harrison), an unmarried person by Quitclaim Deed from Barry Michael Harrison (being one and the same person as Barry Harrison), an unmarried person, dated January 16, 2008, as of record in Book 4477, page 904, Register’s Office for Williamson County, Tennessee.

 

INCLUDED IN THE ABOVE DESCRIPTION BUT EXPRESSLY EXCLUDED FROM THIS CONVEYANCE is the tract or parcel of land conveyed to State of Tennessee by Warranty Deed from Connie Harrison, dated February 1, 2016, of record in Book 7006, page 578, Register’s Office for Williamson County, Tennessee, described as follows:

 

Located in Williamson County, Tennessee:

 

Right of Way:

 

Beginning at a point, said point being located on the northerly existing right-of-way of Franklin Road at the southwesterly property corner of the Connie Harrison property, further described as being at Sta. 121 +29.55, 17.13’ LT of the centerline of Franklin Road, as shown on engineering design documents prepared for the City of Brentwood, by Gresham, Smith and Partners, said point being the Point of Beginning:

 

Thence, along the western property line along existing right-of-way, N 3°16’21 “E, a distance of 26.33’; thence, leaving the said property line with the proposed right-of-way line N 74°06’20”E, a distance of 349.80’; thence, along proposed right-of-way line N 15°53’26” W, a distance of 15.00’; thence, along proposed right-of-way line N 74°06’20”E, a distance of 24.00’; thence, along proposed right-of-way line S 15°53’26”E, a distance of 15.00’; thence, along proposed right-of-way line N 74°06’20”E, a distance of 202.80’; to a point on a curve, along proposed right-of-way, having a radius of 999.74’ and a central angle of 14°49’44” LT, thence along the arc of said curve a distance of 258.75’, said arc subtended by a chord bearing N 66°41’28” E, a distance of 258.02’ to a point on the easterly property line; thence, along the eastern property line S 33°04’13”E, a distance of 29.85’; to a point on a curve, along the southern property line, along existing right-of-way, having a radius of 925.00’ and a central angle of 18°20’48” RT, thence along the arc of said curve a distance of 296.20’, said arc subtended by a chord bearing S 66°06’ 14” W, a distance of 294.93’; thence, along the southern property line, along existing right-of-way, S 75° 16’37”W, a distance of 294.20’; thence, along the southern property line, along existing right-of-way, N 14°43’32” W, a distance of 5.00’; thence, along the southern property line, along existing right-of-way, S 75°16’37” W, a distance of 200.00’; thence, along the southern property line, along existing right-of-way, S 14°43’32” E, a distance of 5.00’; thence, along the southern property line, along existing right-of-way S 75°16’38”W, a distance of 63.78’ to the Point of Beginning containing 0.602 of an acre of land, more or less. The aforementioned property is on a parcel of land owned by Connie Harrison, as shown on Tax Map 36, Parcel 81.01 and recorded in Deed Book 4477, Page 904 with the Williamson County Register of Deeds.

 

Easements:

 

Slope Easement

 

Beginning at a point, said point being at Sta. 121+47.02, 67.37’ LT of the centerline of Franklin Road as shown on engineering design documents prepared for the City of Brentwood, by Gresham, Smith and Partners. An irregular shaped area adjacent to the proposed right-of-way/existing right-of-way varying in width from approximately 4.6’ to 34.78’ from the existing right-of-way/proposed right-of-way line, ending at a point said point being Sta. 132+89.96, 90.41’ LT of the centerline of Franklin Road, used for constructing side slopes for the proposed roadway, containing 0.438 of an acre of land, more or less.

 

Temporary Construction Easement

 

A 10 foot strip parallel and adjacent to the slope line, containing 0.246 of an acre, more or less.

 

The aforementioned property is on a parcel of land owned by Connie Harrison, as shown on Tax Map 36, Parcel 81.01 and recorded in Deed Book 4477, Page 904 with the Williamson County Register of Deeds.

 

The full legal description of the Property can be found in the Home Equity Line of Credit – Open-End Deed of Trust dated January 18, 2008, of record as Instrument Number 08004238, in Book 4477, Pages 906-911, in the Register’s Office for Williamson County, Tennessee.  The street address of the Property is believed to be 1531 Franklin Road, Brentwood, Williamson County, Tennessee, but such address is not part of the legal description.  The Map and Parcel numbers of the Property are believed to be 036 / 081.01, but such Map and Parcel numbers are not part of the legal description.  In the event of any discrepancy, the legal description in the Deed of Trust 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 Successor Trustee’s Sale:

1. Any and all unpaid ad valorem taxes payable to Williamson County, Tennessee (plus penalty and interest, if any) that may be a lien against the Property.

2. Any and all unpaid ad valorem taxes payable to City of Brentwood, Tennessee (plus penalty and interest, if any) that may be a lien against the Property.

3. Deed of Trust executed by Connie Harrison, a married woman, joined by her husband, Barry Harrison, to Gail C. Victory, Trustee, dated March 13, 2003, of record in Book 2757, page 626, Register’s Office for Williamson County, Tennessee, to secure to Evergreen Mortgage, Inc., the principal sum of $300,000.00. This Deed of Trust was assigned to Homeward Residential, Inc., by instrument of record in Book 5822, page 5; and further assigned to Ocwen Loan Servicing, LLC, by instrument of record in Book 6302, page 963, Register’s Office for Williamson County, Tennessee. See also Partial Release of Lien of record in Book 6474, page 514, Register’s Office for Williamson County, Tennessee. This Deed of Trust was modified by instrument of record in Book 6604, page 369, Register’s Office for Williamson County, Tennessee.

4. Deed of Trust dated January 18, 2008 executed by Connie Harrison to A. Neil Headden, Trustee, to secure to Community South Bank an indebtedness in the amount of $350,000.00, of record in Book 4477, page 906, Register’s Office for Williamson County, Tennessee. See Partial Release of Lien of record in Book 6470, page 594, Register’s Office for said county. See also, Modification of Deed of Trust (with increase) of record in Book 7345, page 435, corrected in Book 7363, page 359, Register’s Office for said county. See also, Second Modification of Deed of Trust (with increase) of record in Book 7615, page 165, corrected in Book 7619, page 118, Register’s Office for said county.

5. All matters shown on survey of Carlisle & Brown, dated March 15, 1982.

6. Easement for right of way to Middle Tennessee Electric Membership Corporation of record in Book 578, page 557 and Book 7103, page 82, Register’s Office for Williamson County, Tennessee.

7. Easement to Mallory Valley Utility District for temporary construction of record in Book 6740, page 787, Register’s Office for Williamson County, Tennessee.

8. Lease and rental contracts not shown of record.

9. Title to that portion of the Property embraced within the bounds of any street, roads or highways.

10. Liens, encumbrances, or claims thereof, which are not shown by the public record.

11. All other easements and restrictions of record in said Register’s Office.

12. Matters which an accurate survey of the Property might disclose.

The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.

The 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, conveyances, 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 the rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency, and matters that take priority over the Deed of Trust 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.  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 Deed as Successor Trustee only.

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, to sell the Property with or without division if the Property consists of more than one tract or parcel, and to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.

/s/ Joseph J. Jensen

Joseph J. Jensen, Successor Trustee

J3LAW

P. O. Box 682305

Franklin, Tennessee 37068-2305

Tel: (615) 905-5777

 

PUBLICATION DATES: April 23, 2020, April 30, 2020, May 7, 2020

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