Details for NOTICE OF TRUSTEE'S SALE WHEREAS
NOTICE OF TRUSTEE'S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated September 17, 2004, and the Deed of Trust of even date securing the same, recorded September 22, 2004, in Book No. T763, at Page 500, in Office of the Register of Deeds for Franklin County, Tennessee, executed by Michael Alan Rowe, conveying certain property therein described to I. Dyke Tatum as Trustee for Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for U.S. Bank, N.A., its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by Bayview Loan Servicing, LLC.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by Bayview Loan Servicing, LLC, will, on March 31, 2020 on or about 1:00 PM, at the Franklin County Courthouse, Winchester, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Franklin County, Tennessee, and being more particularly described as follows:
A certain tract or parcel of land located in the 17th Civil District of Franklin County, Tennessee, bounded and described as follows, to-wit: BEGINNING at a #5 rebar set with a cap stamped "JOHNSON ASSOC IN RLS #1632" (all such points herein after referred to as a capped rebar set) In the East boundary of the 50' right of way of Spring Creek Road, said point being further described as being the Southwest corner of the herein described tract and being located North 20 deg. 54 min. 03 sec. West. 753.69 feet from the centerline intersection of the UTSI Road and Spring Creek Road; thence from the POINT OF BEGINNING with said Spring Creek Road North 23 deg. 00 min. 51 sec. West, 683.51 feet to a capped rebar set; thence leaving Spring Creek Road North 59 deg. 28 min. 35 sec. East, 859.63 feet to a capped rebar set; thence South 30 deg. 04 min. 18 sec. East 711.90 feet to a capped rebar set; thence South 56 deg. 04 min. 33 sec. West, 582.89 feet to a capped rebar set on the East side of Spring Creek; thence South 70 deg. 15 min. 15 sec. West 367.97 feet to the POINT OF BEGINNING. Said tract contains 15.00 acres more or less as surveyed by Kurt M. Johnson, TN RLS #1632, dated June 18, 1998.
ALSO KNOWN AS: 3390 Spring Creek Road, Estill Springs, TN 37330
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as
well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property:
MICHAEL ALAN ROWE
INTERNAL REVENUE SERVICE
ATTENTION: WENDY SMOOT
On or about September 24, 2018, the United States of America, Internal Revenue Service, filed a federal tax lien against the Defendant, Michael A Rowe, recorded in the Register's Office of Franklin County, Tennessee, at Book FL5, Page 257. On or about December 17, 2018, the United States of America, Internal Revenue Service, filed a federal tax lien against the Defendant, Michael A Rowe, recorded in the Register's Office of Franklin County, Tennessee, at Book FL5, Page 269. Any interest in the property held by the United States of America, Internal Revenue Service, by virtue of the aforementioned federal tax lien is both junior and inferior to the interests held by Bayview Loan Servicing, LLC. Provided, however, that the United States of America, Internal Revenue Service, pursuant to 26 U.S.C. 7425 and 28 U.S.C. 2410(c), shall have one hundred and twenty (120) days from the date of the sale within which to redeem the property by virtue of its tax lien(s) herein by payment of the actual amount paid by the purchaser at the foreclosure sale, plus any amount in excess of the expenses necessarily incurred in connection with such property, less the income from such property, plus a reasonable rental value of such property. As required by 26 U.S.C. 7425(b), the United States of America, Internal Revenue Service has been given timely notice of this action.
The sale held pursuant to this Notice may be rescinded at the Successor Trustee's option at any time. 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. In the event of inclement weather, the trustee hereby announces that the sale will be postponed for a period of two weeks. In such situations, notices will be mailed to interested parties of record. W&A No. 345158
DATED February 5, 2020
WILSON & ASSOCIATES, P.L.L.C.,
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