NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS by Deed of Trust (the “First Deed of Trust”) dated December
7, 2011, and of record at Trust Deed Book 1917, page 329, in the
Register’s Office of Madison County, Tennessee (the “Register’s
Office”), Katie Y. Brantley (the “Owner”), did convey in trust to
Charles R. Pettigrew, as trustee, certain real property for the
benefit of Charles T. Clark (“Lender”) to secure payment of a debt in
the original principal sum of Fifteen Thousand Dollars ($15,000.00)
and other obligations payable by P. Bardo Brantley to Lender (the
“First Debt”), which Deed of Trust is incorporated herein by
reference; and
WHEREAS the maturity date for the First Debt was modified to on
demand by a certain Modification, Renewal, and Consolidation
Promissory Note executed by Debtor on or about August 9, 2015; and
WHEREAS by Deed of Trust (the “Second Deed of Trust”) dated December
14, 2015, and of record at Trust Deed Book 2012, page 957, in the
Register’s Office, the Owner did convey in trust to Jacob A. Holmes,
as trustee, certain real property for the benefit of Lender to secure
payment of a debt in the original principal sum of Thirty-Two Thousand
Five Hundred Dollars ($32,500.00) and other obligations payable by the
Owner and P. Bardo Brantley to Lender (the “Second Debt”), which
Second Deed of Trust is incorporated herein by reference; and
WHEREAS by Security Agreement (the “Security Agreement”) executed
January 3, 2014, P. Bardo Brantley granted Lender a security interest
in any and all furniture, fixtures, and equipment then owned or
after-acquired and located at 215 and 217 West Main Street, Jackson,
Tennessee 38301 (the “Personal Property”), to secure payment of a debt
in the original principal sum of Ten Thousand Dollars ($10,000.00) and
other obligations payable by P. Bardo Brantley to Lender (the “Third
Debt”), and the lien thereby granted was perfected by the UCC-1
Financing Statement filed with the Tennessee Secretary of State on
January 13, 2014, as document number 42096733, and the Security
Agreement and said UCC-1 Financing Statement are incorporated herein
by reference; and
WHEREAS Lender is the true and lawful owner and holder of the First
Debt, which is secured by the First Deed of Trust, the Second Debt,
which is secured by the Second Deed of Trust, and the Third Debt,
which is secured by the Security Agreement; and
WHEREAS Lender, exercising its authority as such owner and holder,
appointed Vincent K. Seiler as Substitute Trustee (the “Trustee”) of
the First Deed of Trust by instrument of record at Trust Deed Book
2078, page 644, in the Register’s Office, who is vested with all of
the rights, powers and privileges of the original trustee set forth in
the First Deed of Trust; and
WHEREAS Lender, exercising its authority as such owner and holder,
appointed Vincent K. Seiler as Substitute Trustee (the “Trustee”) of
the Second Deed of Trust by instrument of record at Trust Deed Book
2078, page 645, in the Register’s Office, who is vested with all of
the rights, powers and privileges of the original trustee set forth in
the Second Deed of Trust; and
WHEREAS default has been made in the payment of the First Debt
secured by the First Deed of Trust and the Second Debt secured by the
Second Deed of Trust, and Lender, as the owner and holder of the First
Debt and the Second Debt, has accelerated the First Debt and the
Second Debt, the entire balance of the First Debt and the entire
balance of the Second Debt are due and payable, and Lender has
instructed the Trustee to foreclose the Deed of Trust in accordance
with its terms and provisions and applicable law.
WHEREFORE, by the authority vested in me as Trustee under said
instrument, I will on October 26, 2018, at 11:00 a.m. Central Time, at
the north entrance of the Madison County Courthouse located at 100
East Main Street, Jackson, Tennessee 38301, offer for sale and sell at
public auction to the highest and best bidder for cash in bar of all
rights and equities of redemption, statutory and otherwise, homestead,
dower and all other rights or exemptions of every kind to the extent
waived in the Deed of Trust, the property therein conveyed which is
situated in the State of Tennessee, Madison County (the “Real
Property”), and is described as follows:
Tract One
Lot 20, Section II of Forest Hills Subdivision, as shown by plat of
record in Plat Book 2, Page 193, Register’s Office of Madison County,
Tennessee.
Being the same property conveyed to Lewis T. Brantley and wife, Katie
Y. Brantley, by deed of record in Deed Book 249, Page 568, in the
Register’s Office of Madison County Tennessee. Lewis T. Brantley is
deceased, leaving Katie Y. Brantley owner of surviving tenant by the
entirety.
Tract Two
Beginning at a point fifty feet west of the northwest corner of
Parsonage and Grand Streets, at Janes southwest corner, and runs
thence north one hundred fifty feet to a stake; thence west fifty feet
to Powell’s northeast corner; thence south one hundred and thirty feet
with Powell’s east line to Grand Avenue; thence east fifty feet to the
beginning.
Being the same parcel of real estate conveyed to Katie Brantley, also
known as Katie Y. Brantley, by deed of record in Deed Book 367, at
page 209, in the Register’s Office of Madison County, Tennessee.
Tract One of the Real Property has street address 65 Alpine Cove,
Jackson, Tennessee 38301, and is also identified as Map 078C, Group E,
Parcel 009.00; and Tract Two of the Real Property has the street
address 137 East Grand Avenue, Jackson, Tennessee 38301, and is also
identified as Map 078H, Group C, Parcel 025.00; such tax designations
to take priority over the street addresses if any inconsistency, but
all such addresses, common designations, and tax information are not a
part of the legal description of the properties herein described, and
in the event of any discrepancy, the legal descriptions herein shall
control all other designations and identifiers. The “interested
parties” in the Real Property, as defined in T.C.A. § 35-5-104(d), in
addition to the Borrower, are P. Bardo Brantley.
Said sale shall be made for cash in bar of all right and equity of
redemption, homestead, dower, and all other rights or exemptions of
every kind to the extent waived in the Deed of Trust, but subject to
the following:
1. Any unpaid taxes against the Real Property;
2. Any unrecorded easements, conditions, covenants, rights-of-way, or
subdivision plats affecting the Real Property;
3. Any dedication of roads affecting the Real Property and any
governmental zoning and subdivision ordinances or regulations in
effect;
4. Any valid filed or unfiled mechanic or materialman lien; and
5. Any prior or superior liens, judgments, deeds of trust, or other
interests of record.
Lender has complied with the notice provisions of 26 U.S.C. § 7425(c)
and Reg. §§ 301.7425-1 and, T.C.A. § 67-1-1433(b)(2).
Lender reserves the right to retain any escrows, reserves, security
deposits, or other funds or rights to payment of funds and to apply
the same in accordance with the terms and provisions of the First Deed
of Trust and related documents and the Second Deed of Trust and
related documents. Lender or its designee shall have the right to
place a bid for credit against the obligations secured by the First
Deed of Trust and the Second Deed of Trust, which shall be deemed the
equivalent of a cash bid and which may be assigned to the assignee of
Lender’s choice by giving notice of the same to the undersigned
Trustee.
Lender will on the same date and at the same time and place proceed to
sell at public outcry to the highest and best bidder for cash,
pursuant to the provisions of T.C.A. §§ 47-9-604 & 610 the Personal
Property.
The Real Property and the Personal Property may be sold as a whole or
by tract or groups of tracts at the discretion of the Trustee. The
right is reserved to adjourn the day of sale to another day and time
certain, without further publication and in accordance with law, upon
announcement of said adjournment on the day and time and place of sale
set forth above.
The failure of any high bidder to pay the purchase price and close
this sale shall, at the option of Lender, be cause for rejection of
the bid, and if the bid is rejected, Lender shall have the option of
making the sale to the next highest bidder who is able, capable, and
willing to comply with the terms thereof. The proceeds derived from
the sale will be applied as provided for by applicable law and in the
First Deed of Trust and related documents, the Second Deed of Trust
and related documents, and the Security Agreement and related
documents, which are made a part hereof as if set forth verbatim
herein.
This Notice of Sale has been posted and/or published in accordance
with T.C.A. § 35-5-101 et seq. and any provisions of the Deed of Trust
affecting same beginning September 19, 2018.
_______________________________________
Vincent K. Seiler, Substitute Trustee
Seiler & Houston, PLLC
125B Stonebridge Blvd. (38305)
P.O. Box 10455
Jackson, TN 38308
731-300-3656
Published: September 27, October 4, and October 11, 2018