Details for NOTICE OF FORECLOSURE

Updated

NOTICE OF FORECLOSURE

WHEREAS, M5 Rochester Close, LLC (the “Grantor”) by that certain Hypothecation Deed of Trust dated September 17, 2021 and recorded in Book 8737, page 673, 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 judgment of the Supreme Court of New York, County of Westchester, Index No. 58242-2020 described in the Deed of Trust (the “Indebtedness”), which Indebtedness is presently held and owned by David Chadwick Taylor (the “Lender”).

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 8949, Page 682, 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 Monday, June 6, 2022 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:

A tract of land in the 6th Civil District Williamson County, Tennessee, being Lots 1 and 2, of a subdivision of the P.M. Chaffin Farm, described as follows:

Beginning with a point in the center of Temple Road in line with the stone wall along Temple’s East boundary line, said point being the same point as the point indicating the Northeast corner of a parcel designated for future development (adjacent to the Mary L. Rudolph property), of Temple Hills Country Club Estates of record in Plat Book 11, Page 136, sheet #3 of 5, Register’s Office of Williamson County, TN, running thence with the center of said road South 80 degrees 15 minutes East 250 feet to an iron pin; thence Southwardly 1555 feet to an iron pin; thence North 60 degrees West 256.0 feet to a corner post in Temple’s East line; thence North 4 degrees East 1455 feet to the point of beginning.

Being the same property conveyed to M5 Rochester Close, LLC, a Tennessee limited liability company, by Deed from Katherine Harper Morales, unmarried, dated 02/19/2021 of record in Book 8433, page 266, Register’s Office for Williamson County, Tennessee.

The street address of the Property is believed to be: 6394 Temple Road, Franklin, TN 37069. 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. Commercial Deed of Trust executed by M5 Rochester Close, LLC to Thomas T. Pennington, Esq., Trustee, dated February 24, 2021 and recorded February 24, 2021 in Book 8433, page 269, Register’s Office for Williamson County, Tennessee.

2. Assignment of Rents and Leases executed by M5 Rochester Close, LLC for the benefit of Capital Funding Financial dated February 19, 2021 and recorded February 24, 2021 in Book 8433, Page 277, Register’s Office for Williamson County, Tennessee.

3. Fixture filing in favor of Capital Funding Financial, LLC of record in Book 8433, Page 286, Register’s Office for Williamson County, Tennessee.

4. Deed of Trust and Security Agreement executed by M5 Rochester Close, LLC, to Steven Martens, Trustee, dated July 9, 2021 and recorded July 12, 2021 in Book 8634, page 480, said Register’s Office.

5. Deed of Trust executed by M5 Rochester Close, LLC to Mark L. Puryear, III, Trustee, dated September 15, 2015 and recorded September 22, 2015 in Book 6569, page 27, said Register’s Office.

6. Jesse McInerney and Cara McInerney believed to be in possession of the residence.

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 10th day of May, 2022.

/s/ Charles E. Morton IV

Charles E. Morton IV, Successor Trustee

PURYEAR, NEWMAN & MORTON, PLLC

130 Fourth Avenue South Franklin, Tennessee 37064

Insertion Dates May 12, May 19, May 26

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