FORECLOSURE SALE NOTICE

 

February 23, 2023



WHEREAS, Timothy Coker and wife, Brandi Coker, by Deed of Trust dated July 2, 2015, of record in Record Book 165, page 282, Register’s Office for Lewis County, Tennessee (the “Deed of Trust”), conveyed to William B. Bryant, Trustee, the hereinafter described real property to secure the payment of a certain indebtedness, etc. (“Indebtedness”) as described in said Deed of Trust; and

WHEREAS, Thomas W. Lawless of Davidson County, Tennessee has been appointed Substitute Trustee by CapStar Bank successor in interest to The Bank of Waynesboro, the owner and holder of the Indebtedness by instrument of record in Record Book 256, page 278, Register’s Office for Lewis County, Tennessee, with authority to act under the powers given the Trustee under the Deed of Trust and by applicable law; and

WHEREAS, default(s) under the Indebtedness secured by the Deed of Trust have occurred; and


WHEREAS, the owner and holder of said Indebtedness has demanded that the real property encumbered by the Deed of Trust be advertised and sold in satisfaction or partial satisfaction of said Indebtedness and the cost of said foreclosure, in accordance with the terms, conditions and provisions of the loan documents and the Deed of Trust.

NOW, THEREFORE, notice is hereby given that the Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon the Trustee in said Deed of Trust and under applicable law, will on March 29, 2023 at 10:30 a.m., prevailing time, at the main door of the Lewis County Courthouse, 110 North Park Street, Hohenwald, Tennessee offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory right of redemption or otherwise, homestead, dower, elective share and all other rights of exemption of every kind as waived in said Deed of Trust, certain property situated in Lewis County, Tennessee, described as follows, to-wit:


Land being situated in the Third (3rd) Civil District of Lewis County, Tennessee, north of and adjacent to Mountain View Drive, and being more particularly described as follows:

Beginning at an iron pin found in the north right-of-way and end of Mountain View Drive, said iron pin being in the west boundary of a parcel or tract of land conveyed to Paul Miller of record in Deed Book A-63 at page 666, Register’s Office of Lewis County, Tennessee, and being the southeast corner of the tract being described; thence with said right-of-way south 87 degrees 35 minutes 30 seconds west 150.77 feet to an iron pin found, said iron pin being in the remaining property of Dennis Wayne Brewer as recorded in Deed Book A-74 at page 720, Register’s Office of Lewis County, Tennessee, and being the southwest corner of the tract being described; thence leaving said north right-of-way with a new Brewer division line north 01 degrees 25 minutes 03 seconds west 389.50 feet to an iron pin found, said iron pin being in the south boundary of a parcel or tract of land conveyed to Charlet W. Godwin of record in Deed Book YY at page 378, Register’s Office of Lewis County, Tennessee, and being the northwest corner of the tract being described; thence with Godwin south 87 degrees 12 minutes 54 seconds east 343.63 feet to an iron pin found, said iron pin being the northwest corner of Miller, and the northeast corner of the tract being described; thence leaving Godwin with Miller south 26 degrees 32 minutes 14 seconds west 409.49 feet to the point of beginning and containing 2.15 acres as surveyed by Kenneth Carroll, Registered Land Surveyor, Tennessee No. 1335, dated March 1997.


Being the same property conveyed to TIMOTHY COKER AND WIFE, BRANDI COKER, by deed from KERRY WAYNE SMITH AND WIFE, JESSICA LEIGH SMITH, of record in Record Book 165, page 280, dated July 2, 2015, said Register’s Office.

The address of the property is, upon best information and knowledge, believed to be 357 Mount View Drive, Hohenwald, Tennessee 38462 but such address is not part of the legal description of the property. In the event of any discrepancy, the legal description herein shall control.

This property is sold AS IS, WHERE IS AND WITH ALL FAULTS, and without any representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MECHANTABILITY, CONDITION OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

Other interested parties: None

Subordinated Lienholders: Lewis County Solid Waste c/o Jack B. D. Heath, Esq.

The right is reserved to (i) delay the sale to another time certain or adjourn the day of the sale to another day and time, without further publication and in accordance with law, upon announcement of said delay or adjournment on the day and time and place of the sale set forth above; (ii) sell the Property at the time fixed by the last postponement or to give new notice of sale; (iii) sell the Property in such lots, parcels, segments, or separate estates as the Substitute Trustee may choose; (iv) sell part of the Property and delay, adjourn, cancel, or postpone the sale of the remaining part of the Property; (v) sell the Property in whole and then to sell the Property in parts and to consummate the sale in whichever manner produces the highest sale price; (vi) to sell to the next highest bidder in the event any higher bidder does not comply with the terms of the sale.

The Substitute Trustee will make no covenant of seisin, marketability of title or warranty of title, express or implied, and will sell and convey the subject real estate by Trustee’s Quitclaim Deed as Substitute Trustee only and not otherwise.

This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes and assessments (plus penalties, interest and costs) which exists as a lien against the said Property; any restrictive covenants, easements or setback lines that may be applicable; any rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any and all prior deeds of trusts, liens, dues, assessments, encumbrances, defects, adverse claims and other matters that may take priority over the Deed of Trust upon which this Foreclosure Sale is conducted or are not extinguished by this Foreclosure Sale. This sale is also subject to any matter that an inspection and accurate survey of the property might disclose.

Dated this 13th day of February, 2023

Thomas W. Lawless,

Substitute Trustee

LAWLESS & ASSOCIATES, P.C.

Suite 403, The Customs House

701 Broadway

Nashville, TN 37203

(615) 351-7839

10/3tc

 

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