NOTICE OF FORECLOSURE SALE
(168 University Pkwy Units 168A and 168B)
WHEREAS, on, February 28, 2003, The Emree Group, L.P., a Tennessee Limited Partnership executed a Deed of Trust, (A Deed of Trust@) in favor of Larry A. Butler, Trustee, to secure a promissory note described therein (the “Note”), the same being payable to BancorpSouth Bank with said Deed of Trust being of record in the Register=s Office of Madison County, Tennessee in Trust Deed Book 1460 Page 817 and modified in Trust Deed Book 2023 Page 262 in the Register’s Office for Madison County, Tennessee to which reference is hereby made; and
WHEREAS, default has been made in the payment of the Note; and
WHEREAS, the said Larry A. Butler, Trustee, is unable to act as Trustee under the Deed of Trust, and I, Jerry P. Spore have been appointed Substitute Trustee (“Trustee”) by the owner and holder of the Note by an instrument of record in Record Book 2078 Page 1784 in the Register’s Office for Madison County, Tennessee; 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
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 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
NOW THEREFORE, notice is hereby given that I, Jerry P. Spore, Trustee, pursuant to the power, duty, and authority vested in and conferred upon me, by the Deed of Trust, will on Friday, January 4, 2019, at 11:00 a.m. at the front door of Madison County Courthouse in Jackson, Tennessee, offer for sale to the highest bidder for cash, certified check, or cashier’s check, 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 44D Group F Parcels 9.23 and 9.24
Being Units 168A and 168B University Office Park, Section 10, a Revised Final Plat of which appears in Plat Book 9, Page 91, in the Register’s Office of Madison County, Tennessee, reference to which plat is hereby made for a more particular description of said units.
BEING the same property conveyed to The Emree Group, LP by Quitclaim Deed of record in Deed Book 634, Page 906, in the Register’s Office of Madison County, Tennessee
The address of the above described property is 168 University Parkway Suite A & B, Tennessee 38305.
All right and equity of redemption, statutory and otherwise, homestead and dower, are expressly waived in the said Deed of Trust. Title is believed to be good, but the Trustee will make no covenant of seisin, marketability of title or warranty of title express or implied and sell and convey only as Substitute 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) and matters of record, plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust. Further, such sale is also subject to any matter that on site
inspection or accurate survey of the property might disclose.
The Trustee reserves the right to make oral announcements at the time of the public sale which shall apply to the terms of the sale and further, reserves the right to adjourn the day of sale to another day certain without further publication, upon announcement at the time set forth above.
INTERESTED PARTIES:
BancorpSouth Bank
Recovery Dept.
301 East Main Street
Jackson, Tennessee 38301
JERRY P. SPORE
Trustee
Spragins, Barnett & Cobb, PLC
312 E Lafayette
Jackson, TN 38301
(731) 424-0461
Publication dates: December 3, 2018, December 20, 2018 and December 27, 2018