Details for NOTICE OF FORECLOSURE SALE STATE OF TENNESSEE, FRANKLIN COUNTY WHEREAS

Updated

NOTICE OF FORECLOSURE SALE

STATE OF

TENNESSEE,

FRANKLIN COUNTY

WHEREAS, Donald E. Rutherford and Carolyn S. Rutherford executed a Deed of Trust to United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, Lender and David Seivers, Trustee(s), which was dated June 9, 1994 and recorded on June 9, 1994 in Book 435, Page 558, Franklin County, Tennessee Register of Deeds.

WHEREAS, default having been made in the payment of the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the current holder of said Deed of Trust, Rural Housing Service, U.S. Department of Agriculture, (the "Holder"), appointed the undersigned, Brock & Scott, PLLC, as Substitute Trustee, 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 Holder, and that as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on October 23, 2018, at 12:00PM at the usual and customary location at the Franklin County Courthouse, Winchester, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Franklin County, Tennessee, to wit:

Being Lot 97, together with an undivided 1/15 interest in Joint-use Lot E of the Cline Ridge Cabin Sites Subdivision, as shown on a plat of record in Envelope 136 A and B, in the Office of the Register of Franklin County, Tennessee, on the shores of Tims Ford Lake, and being more particularly described as follows, to-wit:

BEGINNING at a point in the southerly margin of Walnut Drive, said point being the Northwest corner of the property herein described and the Northeast corner of Lot 98; thence from said point of beginning with the curvature of the southerly margin of Walnut Drive a radius of 311.48 feet with a length of 89.72 feet; thence with the margin of Walnut Drive intersecting Holly Circle a radius curve of 20.00 feet with a length of 27.55 feet; thence with the westerly margin of Holly Circle South 33 deg. 00 min. 00 sec. East 164.77 feet to a point; thence with the line of Lot 96 South 56 deg. 47 min. 00 sec. West 195.79 feet to a metal post; thence with the easterly line of Lot 98 North 8 deg. 56 min. 00 sec. West 229.71 feet to the point of beginning, according to the survey of M & J Surveys dated April 28, 1994.

Furthermore, with Joint-use Lot E the right to construct, operate and maintain at locations and in accordance with plans approved in advance by TERDA and TVA (1) water-use facilities on and over any of the adjoining land lying between the lakeward boundaries of such Joint-use lot and the adjacent waters of the lake in and on such waters; and (2) only nonhabitable structures, facilities and improvements not subject to serious damage if temporarily flooded, such as roads, drives, parking areas, and playgrounds, on and over that portion of such adjoining lands, if any, which are located above the 895-foot contour elevation; and the further right of suitable ingress and egress over said adjoining land to and from the waters of the lake and to and from all structures, facilities, and improvements maintained in, on, or over said land and waters pursuant to the rights herein conveyed, all upon the express condition that said rights shall be subject to and shall not in any way interfere with TVA's statutory program for river control and development, including, but without limitation by reason of enumeration, TVA's right to flood the land lying below elevation 898 or to do anything which the predecessor Grantors deem necessary or desirable in the promotion of vector control, navigation, or other programs; and neither the predecessor Grantors shall be liable for any loss or damage resulting therefrom.

Subject to any and all restrictions present in the predecessor deed conveying the subject property to Raymond H. Bean and Jodine Bean, which deed is of record in Deed Book 181, page 133, Register's Office of Franklin County, Tennessee.

Being the same property conveved unto the Grantors by deed recorded in Deed Book 259, page 393, Register's Office of Franklin County, Tennessee. Map No. 62N; Group A; Parcel 15.00.

Parcel ID Number: 062N A 01500 000

Address/Description: 106 Walnut Drive, Winchester, TN 37398.

Current Owner(s): Carolyn S. Rutherford.

Other Interested Party(ies): N/A

The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; a deed of trust; and any matter than an accurate survey of the premises might disclose; and

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

This office is attempting to collect a debt. Any information obtained will be used for that purpose.

Brock & Scott, PLLC, Substitute Trustee

c/o Tennessee Foreclosure Department

4360 Chamblee Dunwoody Road, Ste 310

Atlanta, GA 30341

PH: 404-789-2661 FX: 404-294-0919

File No.: 18-08268 FC01

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