Wendy Guerin Smith.Successor’s Trustee Sale-Cherry.5-22-19


            Default having been made in the payment of the debts and in the performance of the obligations secured to be paid in a certain Deed of Trust (“Deed of Trust”) executed September 22, 2010, by REBECCA CHERRY, (“Grantor”), to WILLIAM DAN DOUGLAS, JR., as Trustee (“Trustee”), for the benefit of BANKTENNESSEE (“Lender”), which Deed of Trust is of record at Instrument Number 160097, Book 618, Page 82-85 in the Register’s Office of Lauderdale County, Tennessee; and the undersigned having been appointed Successor Trustee in the place and stead of WILLIAM DAN DOUGLAS, JR., as Trustee, by Substitution of Trustee of record at Instrument Number 188730, Book 726, Page 251, in said Register’s Office; and BANKTENNESSEE as present owner of the debt secured, having requested the undersigned to advertise and sell the property conveyed by said Deed of Trust; and said indebtedness having matured by default in the payment of the debts and in the performance of the obligations secured by said Deed of Trust, at the option of the owner of said indebtedness; this is to give notice that WENDY GEURIN SMITH, Successor Trustee or a duly appointed agent, will, on:


commencing at 12:00 noon, at the front door of the Lauderdale County Courthouse, Ripley, Tennessee, proceed to sell the following property at public auction to the highest bidder for cash at the time and under the terms designated in this Notice of Sale:

Land lying, situated, and being in the 12thCivil District of Lauderdale County, Tennessee, and more particularly described as follows, to-wit: 

Beginning at a stake in the north margin of a city concrete sidewalk, the same being R.H. Kirby’s southeast corner, runs thence East with said sidewalk 138 feet to a stake, the same being L.E. Crihfield’s southwest corner; runs thence North with said Crihfield’s west line 317 feet to a stake in C.T. Blackwell’s east and west south line; runs thence West 138 feet to a stake in Throgmorton’s east and west south line, the same being R.H. Kirby’s northeast corner; runs thence South with said R.H. Kirby’s east line 317 feet to the point of beginning. 

Being the same property conveyed to Rebecca Cherry by Special Warranty Deed dated September 22, 2010, and filed of record in Instrument Number 160096, Book 618, Page 80-81, in the Register’s Office of Lauderdale County, Tennessee. 

            The Real Property or its address is commonly known as 322 East Main Street, Halls, Tennessee.  The address is not a part of the legal description and, in the event of a discrepancy, the legal description herein shall control.  

            Subject to any easements, liens, restrictions or other matters of record prior to said Deed of Trust, and any unpaid City of Halls or Lauderdale County, Tennessee real estate taxes or assessments.

Owner of Record:                   Rebecca Cherry a/k/a Rebecca England    

            Other Interested Parties:         City of Halls, Tennessee; 

                                                            Lauderdale County, Tennessee.  

Said sale shall be held subject to all matters shown on any applicable recorded plat , any and all unpaid 2019 City of Halls, Tennessee and Lauderdale County, Tennessee real estate taxes and assessments; any restrictive covenants, agreements, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; to any matter than an accurate survey of the premises might disclose; and subject to, but not limited to, the following parties who may claim an interest in the above-referenced property: none.

            To the best of the Trustee’s knowledge, information, and belief, there are no other Federal or State tax lien claimants or other claimants upon the subject property which would require notice pursuant to the terms and provisions of T.C.A. § 35-5-104 or T.C.A. § 67-1-1433 or 26 U.S.C. § 7425.

            Equity of redemption, statutory or common law right of redemption, homestead, dower,  marital share, and all other rights and exemptions of every kind, all of which are waived in said Deed of Trust and the title is believed to be good, but the undersigned will sell and convey only as Successor Trustee.

            If the highest bidder cannot pay the cash bid at the time of the sale, the next highest bidder will be deemed the successful bidder at the next highest bid.

            The right is reserved to adjourn the day of the sale to another date, time and place certain without further publication, upon announcement at the time and place of the sale set forth above.

            This is an attempt to collect a debt.  Any information gained will be used for that purpose.

                                                                        WENDY GEURIN SMITH

                                                                        Successor Trustee

Wendy Geurin Smith

Attorney and Counselor at Law

6363 Poplar Ave., Ste. 107 

Memphis, Tennessee  38119


Publication Dates: May 22, May 29, and June 5, 2019

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