NOTICE OF FORECLOSURE SALE
(630 Whitehall Street)
WHEREAS, on July 17, 2009, H & H Properties, a Tennessee general partnership (the “Borrower”) executed an Deed of Trust, (the “Deed of Trust”) to Pat Carrington, Trustee, in trust, to secure a promissory note indebtedness (the “Note”), the same being payable to Community Bank, a Tennessee Corporation; said Note being payable as set out in the Deed of Trust aforesaid, which is of record in the Register’s Office of Madison County, Tennessee, in Trust Deed Book 1863 Page 1682 and as modified by instrument of record in Trust Deed Book 2086 Page 1478 in the Register’s Office of Madison County, Tennessee, to which reference is hereby made; and
WHEREAS, the said Pat Carrington, Trustee, was unable to act as Trustee under the Deed of Trust, and Jerry P. Spore has been appointed Substitute Trustee, by Community Bank, as the owner and holder of the Note by an instrument of record in Trust Deed Book 2204 Page 1997, Register’s Office for Madison County, Tennessee; and
WHEREAS, default has been made in the payment of the Note and the obligations owing therein and secured by the Deed of Trust have been accelerated and are new due and payable in full; and
WHEREAS, the Substitute 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 each 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
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
NOW THEREFORE, notice is hereby given that I, Jerry P. Spore, Substitute Trustee, pursuant to the power, duty and authority vested in and confered by the Deed of Trust, will on Thursday, September 22, 2022, at 11:30 a.m., at the front door of the Madison County Courthouse on Main Street in Jackson, Tennessee, offer for sale to the highest bidder for cash, 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 Madison County, Tennessee, described as follows:
Tax Map 078F Group F Parcel 004.00
BEGINNING at a point in the north margin of Scallion Drive, said point being the northwest corner of Lot Number 1 of the Craig Subdivision, a plat of which appears of record in Plat Book 1, page 203, in the Register's Office of Madison County, Tennessee, runs thence in a northwesterly direction with the north margin of Scallion Drive, 44.5 feet to a point in the east margin of Whitehall Avenue; thence North 36 degrees East, with the east margin of Whitehall Avenue, 42 feet to an iron pin; thence East 271 feet to an existing corner post; thence South, with an existing fence line 65 feet to an existing corner post; thence West 256 feet to the point of beginning. (Legal description taken from prior deed.)
Being the same property conveyed to H & H Properties, by Warranty Deed of record in Deed Book 699, Page 1742, in the Register’s Office of Madison County, Tennessee
The property has a street address of 630 Whitehall Street, Jackson, Tennessee 38301.
Such sale will be in bar of all right and equity of redemption, statutory and otherwise, homestead and dower, are expressly waived in the said Trust Deed. Title is believed to be good, but the Substitute 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), plus any and all other matters and encumbrances superior in right to the lien of the Trust Deed. Further, such sale is also subject to any matter that onsite inspection or accurate survey of the property might disclose.
The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above. The Substitute Trustee reserves the right to reject any and all bids and to make such oral announcements at the time of the sale which shall apply to the terms thereof.
INTERESTED PARTY(IES)
City of Jackson, Tennessee
Notice of Lien filed in Lien Book 67, Page 7567, in the Register’s Office
Notice of Lien filed in Lien Book 68, Page 1066, in the Register’s Office
Notice of Lien filed in Lien Book 68, Page 1700, in the Register’s Office
JERRY P. SPORE
Substitute Trustee
Spragins, Barnett & Cobb, PLC
312 E Lafayette
Jackson, TN 38301
(731) 424-0461
Publication dates:
August 25, September 1, and 8, 2022