Details for TRUSTEE'S NOTICE OF SALE WHEREAS
TRUSTEE'S NOTICE OF SALE
WHEREAS, by Deed of Trust dated the 31st day of August, 2010, of record in Trust Deed Book 127, page 286, Register's Office of Moore County, Tennessee, Donald A. Diaz and wife, H. Noel Diaz, both now deceased, did convey in trust, the tract of land hereinafter described to secure the payment of the indebtedness described therein and now owed to FirstBank (successor by acquisition of American City Bank); and
WHEREAS, RICHARD W. GABRIEL has been appointed Substitute Trustee according to the provisions of said Deed of Trust by instrument recorded in Trust Deed Book 160, page 88, Register's Office, Moore County, Tennessee; and
WHEREAS, default has been made in the payment of said indebtedness now due, and the holder and owner of said note has declared the entire balance, now due and payable, and instructed the undersigned to foreclose the said Deed of Trust.
NOW, THEREFORE, by virtue of the authority vested in me as Substitute Trustee under said instrument, I will, on the 11th day of February, 2020, offer for sale and sell at the front door of the Moore County Courthouse, Entrance to Register of Deeds at 196 Main Street in Lynchburg, Tennessee at 11:00 a.m. to the last, highest, and best bidder for cash in hand, and in bar of equity of redemption, homestead and dower, and all other exemptions of every kind which are expressly waived in said Deed of Trust, the following described tract of land situated in the 11th Civil District of Moore County, Tennessee, and being more particularly described as follows:
Beginning at a 1/2" rebar found in the south right-of-way of Cobb Hollow Road, said point being the westernmost corner of the lands of Litchford (56/448) and the northeast corner of the property described herein; thence, leaving said right-of-way and running with the southwest line of the lands of Litchford S 46 50' 37" E 211.99' to a 1/2" rebar found, said point being the northwest corner of the lands of McGee and the easternmost corner of the property described herein; thence, leaving the lands of Litchford and running with the west line of the lands of McGee S 09 41' 29" W 953.37' to a 1/2" rebar found in the north edge of a 25' right-of-way to be retained by the Grantors, said point being located 1638.60' west of the western right-of-way of the Tullahoma - Ridgeville Road and being the southwest corner of the lands of McGee and the southeast corner of the property described herein; thence, leaving the lands of McGee and creating a new severance line with the lands retained by the Grantors and along the north edge of said right-of-way N 77 42' 27" W 505.47' to a 1/2" rebar set in the northeast side of an existing 40' access easement (59/520), said point being a new corner with the lands retained by the Grantors and the southwest corner of the property described herein; thence, leaving the north edge of the 25' right-of-way and continuing along a new severance line with the lands retained by the Grantors and along the northeast edge of the 40' access easement N 27 50' 36" W 718.63' to a 1/2" rebar set in the south right-of-way of Cobb Hollow Road, said point being a new corner with the lands retained by the Grantors and the northwest corner of the property described herein; thence, leaving the 40' access easement and the lands retained by the Grantors and running with the south right-of-way of Cobb Hollow Road for four (4) calls as follows : N 64 30' 11" E 141.58'; N 68 46' 35" E 467.80'; N 74 14' 27" E 146.44'; thence, N 76 49' 56" E 150.91' to the point of beginning containing 15.921 acres by survey. Actual field survey performed by James E. Helton, R.L.S. #1749 on February 08, 2002.
Also conveyed herein is a non-exclusive easement for the purpose of ingress and egress to the property herein conveyed to the Grantees. Said easement is 40 feet in width as shown on the survey of record done by Helton & Associates, dated February 14, 2002.
Being the same property as conveyed to Donald A. Diaz and wife, H. Noel Diaz, by deed of record in Deed Book 61, Page 4, Register's Office, Moore County, Lynchburg, Tennessee. H. Noel Diaz predeceased her husband, Donald A. Diaz, who is also now deceased, having passed away on October 10, 2018.
Included in this conveyance a 48' X 28' 2010 Fleetwood Meadow Brook mobile home.
This property is located at 175 Tyler Lane, Lynchburg, Tennessee 37352. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.
Said property will be sold subject to any and all current and unpaid taxes and other assessments, any prior liens or encumbrances, and any priority created by a fixture filing, and any easements, right of ways, restrictions, any rights of parties in possession and under any leases, matters noted on any applicable plat and/or survey and an Affidavit of Affixation (Manufactured Home) of record in Trust Deed Book 129, page 573, Register's Office, Moore County, Tennessee. Other interested parties: The Estate of Donald A. Diaz, deceased, and all heirs or beneficiaries thereof; Holly Ann Monahan, Daniel William Diaz, and any heirs of Donald A. Diaz, Jr., deceased.
Said sale is made subject to all oral announcements made at the sale, and the right is reserved to adjourn the day of sale to another date certain without further publication, upon announcement at the time set above. This sale may be rescinded at any time. The property is sold as is, where is, and without representations or warranties of any kind, including fitness for a particular use or purpose.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
This the 13th day of January, 2020.
/s/ Richard W. Gabriel
RICHARD W. GABRIEL
HENRY, MCCORD, BEAN, MILLER, GABRIEL,
& LaBAR, P.L.L.C.
Attorneys at Law
300 North Jackson Street
Tullahoma, Tennessee 37388
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