NOTICE OF SUBSTITUTE TRUSTEE'S SALE
WHEREAS, Robert W. King (now deceased), executed a Deed of Trust, Assignment of Rents and Security Agreement to Randall Clemons, Trustee, dated April 15, 2011, of record in Book 1438, Page 1, Register's Office for Wilson County, Tennessee, to secure an indebtedness evidenced by a Promissory Note payable to the order of Wilson Bank & Trust, hereinafter referred to as the "Deed of Trust"; and
WHEREAS, said conveyance was made for the purpose of securing the payment of certain sums as evidenced by a Promissory Note payable to the order of Wilson Bank & Trust; and,
WHEREAS, Gregory S. Gill was appointed Substitute Trustee by instrument dated August 15, 2016, of record in Book 1713, Page 2159, Register's Office for Wilson County, Tennessee; and,
WHEREAS, the Deed of Trust provided that in the event of default in payment of the Promissory Note and interest when due, the entire indebtedness shall, at the option of the legal owner or holder of the Note, become due and payable immediately; and,
WHEREAS, default has been made in the payment of the Promissory Note, and the indebtedness is now due and in default, and the owner and holder of the Note has declared the entire balance to now be due and payable, demand for payment having been made and refused, the Deed of Trust containing a power of sale in the event of default, the legal owner and holder of the Note has instructed the undersigned Substitute Trustee to foreclose the Deed of Trust.
NOW, THEREFORE, by virtue of the authority vested in me by the Deed of Trust and Appointment of Substitute Trustee, Gregory S. Gill will, on the 17th day of January, 2017, at the hour of 10:00 a.m., local time, offer for sale at the north door of the Wilson County Courthouse in Lebanon, Wilson County, Tennessee, to the last, highest, and best bidder for cash, free from all rights and equities of redemption, homestead, dower, and of all other rights of exemptions of every kind as provided in the Deed of Trust, the following tract or parcel of land situated and lying in Wilson County, Tennessee, together with all appurtenances and improvements thereunto belonging, which property is more particularly described as follows:
A lot situated and lying on the northeasterly corner of the intersection of South College Street and Knoxville Avenue in Lebanon, 10th Civil District of Wilson County, Tennessee, said lot being 48.5 feet along the front or westerly line adjacent to South College Street, with a width along the rear or easterly line, adjacent to the Old Railroad right of way of 101.4 feet, a depth along the northerly line of 144.4 feet, and a depth along the southerly line, adjacent to Knoxville Avenue, of 203.5 feet, the same being bounded North by Hankins et al (formerly Sinclair Refining Company); East by the Old Railroad Spur Tract right of way; South by Knoxville Avenue; West by South College Street.
Being the same property conveyed to Robert W. King by Quitclaim Deed from Consolidated Oil Company, Inc., dated April 15, 2011, of record in Book 1437, Page 2494, Register's Office for Wilson County, Tennessee. Reference is further made to Quitclaim Deed from Robert W. King to Consolidated Oil Company, Inc., a Tennessee corporation, dated October 31, 2011, of record in Book 1460, Page 1272, said Register's Office. Reference is also made to Deed of Trust, Assignment of Rents and Security Agreement of record in Book 1438, Page 1, and Appointment of Substitute Trustee of record in Book 1713, Page 2159, Register's Office for Wilson County, Tennessee. Robert W. King is now deceased.
The street address of this property is S. College Street, Lebanon, Tennessee 37087.
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, time, and place of sale set forth above.
The Substitute Trustee will make deed to the purchaser in accordance with the terms of the Deed of Trust. This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes which exist as a lien against said property, including without limitation city and county property taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any prior liens or encumbrances that may exist against the property. This sale is also subject to any matter that an accurate survey of the premises might disclose and/or any tenant(s) rights in possession.
Lienholder: Wilson Bank & Trust; Internal Revenue Service
Interested parties: Robert W. King; Consolidated Oil Company, Inc.; and any unknown heirs of Robert W. King
If the highest bidder is unable to comply with the terms of the sale, the undersigned reserves the right to sell the property to the next highest bidder able to comply or to readvertise the sale if he so chooses.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 16th day of December, 2016.
Gregory S. Gill, Substitute Trustee
Rochelle, McCulloch & Aulds, PLLC
109 North Castle Heights Avenue
Lebanon, TN 37087
SUBSTITUTE TRUSTEE'S SALE
Default having been made in the terms, conditions, provisions and payments made and provided for in a Deed of Trust dated January 22, 2008, executed by Dana Lee Zamudio, to Robert E. Lee, Wilson County, Tennessee, as Trustee, and recorded in Book 1288, Page 1282 of record in the Register's Office for Wilson County, Tennessee, to secure the indebtedness therein described to Habitat for Humanity of Wilson County, Inc. Habitat for Humanity of Greater Nashville now being the true and lawful owner and holder of this indebtedness after a merger with Habitat for Humanity of Wilson County, Inc. and this entire indebtedness having been called due and payable as provided in said deed of trust, and said payment not having been made, and the lawful owner and holder of said indebtedness having appointed the undersigned, David G. Mangum, as substitute trustee by written instrument dated December 9, 2016 and recorded in Book 1736, Page 299, in the above mentioned Register's Office, notice is hereby given that I, the undersigned substitute trustee, or my designated agent, under the power and authority vested in me by said deed of trust, and having been requested to do so by the lawful owner and holder of said debt, will on Wednesday, January 11, 2017 at 3:45 pm at the front door of the Wilson County Courthouse in Lebanon, Tennessee, sell at public outcry to the highest and best bidder for cash, free from the equity of redemption, homestead and dower, and all other exemptions and rights of every kind, all of which are expressly waived in said deed of trust, the following described tract or parcel of land situated and lying in Wilson County, Tennessee, and more particular described as follows, to-wit:
A certain tract or parcel of land located in the 10th Civil District of Wilson County, Tennessee, more particularly described as follows: to-wit:
Being Lot No. 21 of the Pals Place Subdivision, of record in Plat Book 23, page 690, Register's Office for Wilson County, Tennessee, to which reference is hereby made for a more complete description of said lot.
Being the same property conveyed to the Grantors, by deed of even date, recorded in Deed Book 1288, Page 1269, Register's Office for Wilson County, Tennessee.
This description was taken from the deed of trust being foreclosed on of record in Book 1288, Page 1282, said Register's Office.
This property is sold SUBJECT to a first mortgage securing 1218 Mimosa Court, Lebanon, Tennessee 37087 in favor of Habitat for Humanity of Wilson County, Inc. in the original principal amount of $64,000.00 of record in Book 1288, Page 1273 as well as any and all existing easements, setback lines and restrictive covenants of record in the said Register's Office, including but not limited to the Restrictive Covenants of record in Book 1288, Page 1269 said Register's Office.
PROPERTY ADDRESS: 1218 Mimosa Court, Lebanon, TN 37087 as shown on the tax maps of Assessor of Property for Wilson County, TN.
This sale is subject to any and all unpaid real estate taxes; restrictive covenants, easements and setback lines; any and all redemption rights, including rights of redemption of any governmental agency, State or Federal; and any and all other prior liens or encumbrances against said real property. Said sale is further subject to matters that an accurate survey of the property might disclose.
The property sold pursuant to this notice shall be sold "AS IS" and neither the Substitute Trustee nor the beneficiary of the Deed of Trust, nor any agent or attorney therefore, makes or shall make any warranty, whether express or implied, as to the condition, quality or quantity thereof, including, but not limited to, the enforceability of any lease affecting the property, the existence or absence of defaults under or the effect or this sale upon the rights of any party under such lease. The Substitute Trustee shall make no warranty of title, express or implied, and will sell and convey the subject real property by Substitute Trustee's Deed only.
The Substitute Trustee may adjourn or postpone the aforementioned sale of real property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. If applicable, the Notice requirements of T.C.A. § 35-5-117 have been met.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said deed of trust.
Terms of Sale: Cash
Substitute Trustee: David G. Mangum
2303 Franklin Road
Nashville, TN 37204
Publish Newspaper: The Wilson Post
Editions dated: Wednesday, December 21, 2016 December 28, 2016 and January 4, 2017
LIEN SALE Crucial Customs & Restorations 1221 Carthage Hwy. Lebanon, TN 37087 January 7, 2017 at 10:00 am 1978 Ford Bronco VIN: U15SLCC5985 2014 Nissan Maxima VIN: 1N4AA5AP5EC440110