NOTICE OF FORECLOSURE SALE
91 Charjean Drive
WHEREAS, on June 16, 2006, Phillip R. Davis and Nannie C. Davis executed an Open End Deed of Trust, (ADeed of Trust@) in favor of Jerry P. Spore, Trustee, to secure the obligations under an Equity Credit Line Agreement described therein (the “Note”), the same being payable to BancorpSouth Bank, a division of Cadence Bank, with said Deed of Trust being of record in Trust Deed Book 1796 Page 1696 on August 22, 2006 (the “Trust Deed”) in the Register’s Office for Madison County, Tennessee (the “Register’s Office”); and
WHEREAS, Phillip R. Davis is deceased, having passed away on May 5, 2012, and Nannie C. Walker Davis is deceased having passed away on February 4, 2013; and
WHEREAS, default has been made in the payment of the Note; and
WHEREAS, the owner and holder of the Note has demanded that the hereinafter described real property be advertised and sold in satisfaction of indebtedness and costs of foreclosure in accordance with the terms and provisions of the Note and Deed of Trust; and
WHEREAS, the Trustee conducted a diligent search of the Defense Manpower Data Center (DMDC) website for each known borrower in compliance with the Service Members Civil Relief Act (SCRA) and determined that borrower were 1) not members of the Armed Forces of the United States of America and had not been members of any such service or force for at least twelve (12) months prior to the date of the foreclosure sale or 2) were members of the Armed Forces of the United States of America at the time that the security agreement was executed and as such, the foreclosure and sale of this property is not subject to the SCRA provisions of 50 USC § 501 et. seq.; and
NOW THEREFORE, notice is hereby given that I, Jerry P. Spore, Trustee, pursuant to the power, duty, and authority vested in and conferred upon me, by the Deed of Trust, will on Thursday, November 10, 2022, at 11:30 a.m. at the customary door of the Madison County Courthouse in Jackson, Tennessee, offer for sale to the highest bidder for cash, certified check, or cashier’s check, and free from all legal, equitable, and statutory rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other exemptions of every kind, all of which have been waived in the Deed of Trust, certain real property located in Jackson, Madison County, Tennessee, described as follows:
Tax Map 043P Group B Parcel 010.00
Beginning at a stake in the north margin of Charjean Drive at a point 14 feet east of the southeast corner of Lot No. 19 of the Charles Little Subdivision, a plat of which appears of record in Plat Book 1, Page 268, in the Register's Office of Madison County, Tennessee; runs thence east with the north margin of Charjean Drive 84 feet to a stake, said stake being 28 feet east of the southeast corner of Lot No. 21 in said Subdivision; runs thence north 159.1 feet to a stake; thence west 84 feet to a stake at a point 14 feet east of the northeast corner of said Lot No. 19; thence south 159.1 feet to a stake in the north margin of Charjean Drive to the point of beginning. Being the eastern 56 feet of Lot No. 21 and the western 28 feet of Lot No. 23 of said Charles Little Subdivision, platted as aforesaid.
BEING the same property conveyed to Phillip R. Davis by Quitclaim Deed of record in Deed Book 678, Page 627, in the Register’s Office of Madison County, Tennessee.
The street address of the property is 91 Charjean Dr., Jackson Tennessee 38305.
All right and equity of redemption, statutory and otherwise, homestead and dower, are expressly waived in the said Deed of Trust. Title is believed to be good, but the Trustee will make no covenant of seisin, marketability of title or warranty of title express or implied and sell and convey only as Trustee.
The property shall be sold AS IS, WHERE IS AND WITH ALL FAULTS and without any representations or warranties of any kind whatsoever, whether express or implied. The sale of the property shall be made subject to any and all prior liens, encumbrances, deeds of trust, easements, restrictions, building lines, unpaid taxes and assessments (plus penalty and interest, if any) and matters of record, plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust. Further, such sale is also subject to any matter that on site inspection or accurate survey of the property might disclose.
The Trustee reserves the right to make oral announcements at the time of the public sale which shall apply to the terms of the sale and further, reserves the right to adjourn the day of sale to another day certain without further publication, upon announcement at the time set forth above.
JERRY P. SPORE, TRUSTEE
Spragins, Barnett & Cobb, PLC
312 E Lafayette
Jackson, TN 38301
(731) 424-0461
Publication dates: October 6, 13, and 20, 2022