NOTICE OF FORECLOSURE SALE
WHEREAS, on November 20, 2015, B.E.M. Corporation of Jackson,
Tennessee, a Tennessee Corporation executed a Deed of Trust, (ADeed
of Trust@) in favor of Jerry P. Spore, Trustee, to secure payment of
an indebtedness of $37,024.80, plus penalty and interest accruing
thereon for 2013 and 2014 post-petition ad valorem real property
taxes past due and owing to the City of Jackson, Tennessee as set
forth in that certain “AGREED ORDER RESOLVING OBJECTION TO CHAPTER 11
PLAN AND PROVIDING PAYMENT FOR CLAIMS OF THE CITY OF JACKSON,
TENNESSEE in the Chapter 11 case styled “ In Re: Paul A. Mundt and
Billie J. Mundt, Case # 12-13367” in the United States Bankruptcy
Court for the Western District of Tennessee, Eastern Division (the
“Order”), the same being payable to City of Jackson, Tennessee, a
Tennessee Municipal Corporation (the “City”) with said Deed of Trust
being of record in the Register’s Office of Madison County, Tennessee
in Trust Deed Book 2011 Page 804 to which reference is hereby made;
and
WHEREAS, default has been made in the payment of the obligations under
the Order; and
WHEREAS, the City 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 Deed of Trust; 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 Thursday, August, 23, 2018, at
11:00 a.m. at the front door of the 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:
TRACT 1
204 Melwood Street - Jackson, Madison County, Tennessee
Tax Map 065I Group J Parcel 021.00
BEING Lot No. Two Hundred Thirty Five (235), Section X, Briarcliff
Subdivision, as shown on a plat which appears of record in Plat Book
2, Page 241, in the Register’s Office of Madison County, Tennessee.
BEING a portion of the property conveyed to B.E.M. Corporation of
Jackson, Tennessee by Quitclaim Deeds of record in Deed Book 570, Page
647; Deed Book 731, Page 140; Deed Book 731, Page 143; and Deed Book
731, Page 147, in the Register’s Office of Madison County, Tennessee
TRACT 2
36 Marlow Drive - Jackson, Madison County, Tennessee
Tax Map 44E Group D Parcel 005.02
BEING Lot No. Nine (9), Section II, Willow Oaks Subdivision, as shown
on a plat which appears of record in Plat Book 3, Page 168, in the
Register’s Office of Madison County, Tennessee.
BEING a portion of the property conveyed to B.E.M. Corporation of
Jackson, Tennessee by Quitclaim Deeds of record in Deed Book 570, Page
647; Deed Book 731, Page 140; Deed Book 731, Page 143; and Deed Book
731, Page 147, in the Register’s Office of Madison County, Tennessee
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:
Paul A. Mundt and Billie J. Mundt
1600 Hollywood Drive
Jackson, Tennessee 38305
JERRY P. SPORE, Trustee
Spragins, Barnett & Cobb, PLC
312 E Lafayette
Jackson, TN 38301
(731) 424-0461
Publication dates: August 2, 9, and 16, 2018