Lauderdale Voice

SUBSTITUTE TRUSTEE’S NOTICE OF SALE
Sale at public auction will be on October 15, 2020, at or about 10:00 AM, local time, at the front door of the Lauderdale County Courthouse, 100 Court Square, Ripley, TN 38063, pursuant to the Deed of Trust executed by Loretta J. Ables and husband Paul D. Ables, to Jerry Roney, as Trustee for Bombardier Capital Inc. dated September 24, 1998, and recorded in Book 403, Page 327, in the Register’s Office for Lauderdale County, Tennessee (“Deed of Trust”), conducted by Padgett Law Group, having been appointed Substitute Trustee, all of record in the Lauderdale County Register’s Office. Default in the performance of the covenants, terms, and conditions of said Deed of Trust has been made; and the entire indebtedness has been declared due and payable.
Party entitled to enforce the debt: The Bank of New York Mellon Trust Company, N.A., as successor to BNY Midwest Trust Company, BNY Midwest Trust Company, as successor Harris Trust and Savings Bank, as Trustee, of Bombardier Capital Mortgage Securitization Corporation, Senior/Subordinated Pass-Through Certificates, Series 1998-C
Other interested parties:
The hereinafter described real property located in Lauderdale County will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
BEGINNING AT A FOUND COTTON SPINDLE IN THE CENTER LINE OF JEFF WEBB ROAD, SAID POINT BEING THE NORTHEAST CORNER OF WESLEY DUVALLS 10.0 ACRE TRACT (DEED BOOK 321, PAGE 215) AND AN INNER SOUTHEAST CORNER OF THE JOHNSON HOMES OF TN, INC. TRACT OF WHICH THIS 5.00 ACRE TRACT, NOW BEING DESCRIBED, IS A PORTION, RUNS THENCE WITH DUVALLS NORTH LINE, SOUTH 61 DEGREES 39 MINUTES 30 SECONDS WEST 847.67 FEET TO A FOUND IRON PIN, SUBJECT TRACTS INNER CORNER AND DUVALLS NORTHWEST CORNER; THENCE WITH DVUALLS WEST LINE, SOUTH 9 DEGREES 19 MINUTES 59 SECONDS EAST 398.87 FEET TO A POINT IN THE CENTER LINE OF COLD CREEK AND IN THE NORTH LINE OF GUS HARGETTS TRACT (DEED BOOK 228, PAGE 413), SUBJECT TRACTS SOUTHEAST CORNER AND DUVALLS SOUTHWEST CORNER, THENCE WITH HARGETTS NORTH LINE AND ALONG A LINE ESTABLISHED BY DEED CALLS RECORDED IN DEED BOOK V-3, PAGE 313, AS FOLLOWS: NORTH 79 DEGREES 15 MINUTES 11 SECONDS WEST 343.65 FEET TO A POINT, THENCE NORTH 76 DEGREES 13 MINUTES 22 SECONDS WEST 240.31 FEET TO A POINT, SUBJECT TRACTS SOUTHWEST CORNER AND THE SOUTHEAST CORNER OF THE REMAINING 13.605 ACRE TRACT; THENCE WITH SUBJECT TRACTS WEST LINE AND THE EAST LINE OF THE 13.605 ACRE TRACT, NORTH 16 DEGREES 09 MINUTES 37 SECONDS EAST 421.54 FEET TO A POINT IN THE SOUTH LINE OF WESLEY DUVALLS 37.48 ACRE TRACT, SUBJECT TRACTS NORTHWEST CORNER AND THE NORTHEAST CORNER OF THE REMAINING 13.605 ACRE TRACT; THENCE WITH DUVALLS SOUTH LINE AS FOLLOWS: SOUTH 73 DEGREES 50 MINUTES 23 SECONDS EAST 401.44 FEET TO A FOUND IRON PIN, THENCE NORTH 61 DEGREES 39 MINUTES 30 SECONDS EAST 834.40 FEET TO A FOUND COTTON SPINDLE IN THE CENTER LINE OF JEFF WEBB ROAD, SUBJECT TRACTS NORTHEAST CORNER AND DUVALLS SOUTHEAST CORNER; THENCE WITH THE CENTER LINE OF JEFF WEBB ROAD, SOUTH 46 DEGREES 01 MINUTE 52 SECONDS EAST 20.99 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.00 ACRES, MORE OR LESS.
EASEMENT: THE ABOVE DESCRIBED 5.00 ACRE TRACT IS SUBJECT TO AN INGRESS-EGRESS EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND COTTON SPINDLE IN THE CENTER LINE OF JEFF WEBB ROAD, SAID POINT BEING THE NORTHEAST CORNER OF WESLEY DUVALLS 10.0 ACRE TRACT (DEED BOOK 321, PAGE 215) AND THE INNER SOUTHEAST CORNER OF THE ABOVE DESCRIBED 5.00 ACRE TRACT, RUNS THENCE WITH DUVALLS NORTH LINE AND SUBJECT EASEMENTS SOUTH LINE, SOUTH 61 DEGREES 39 MINUTES 30 SECONDS WEST 847.67 FEET TO A FOUND IRON PIN, DUVALLS NORTHWEST CORNER AND AN INNER CORNER OF THE ABOVE DESCRIBED 5.00 ACRE TRACT; THENCE CONTINUING WITH SUBJECT EASEMENTS SOUTH LINE AND ACROSS THE ABOVE DESCRIBED 5.00 ACRE TRACT AS FOLLOWS: SOUTH 77 DEGREES 27 MINUTES 02 SECONDS WEST 284.22 FEET TO A POINT, THENCE SOUTH 86 DEGREES 35 MINUTES 02 SECONDS WEST 82.85 FEET TO A POINT, THENCE NORTH 73 DEGREES 28 MINUTES 12 SECONDS WEST 83.20 FEET TO A POINT IN THE WEST LINE OF THE ABOVE DESCRIBED 5.00 ACRE TRACT, SUBJECT EASEMENTS SOUTHWEST CORNER; THENCE WITH THE WEST LINE OF THE ABOVE DESCRIBED 5.00 ACRE TRACT, NORTH 16 DEGREES 09 MINUTES 37 SECONDS EAST 20.00 FEET TO A POINT, SUBJECT EASEMENTS NORTHWEST CORNER AND BEING SOUTH 16 DEGREES 09 MINUTES 37 SECONDS WEST 162.85 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED 5.00 ACRE TRACT; THENCE WITH SUBJECT EASEMENTS NORTH LINE AS FOLLOWS: SOUTH 73 DEGREES 28 MINUTES 12 SECONDS EAST 79.82 FEET TO A POINT, THENCE NORTH 86 DEGREES 35 MINUTES 02 SECONDS EAST 76.99 FEET TO A POINT; THENCE NORTH 73 DEGREES 13 MINUTES 06 SECONDS EAST 252.98 FEET TO A POINT IN THE SOUTH LINE OF WESLEY DUVALLS 37.48 ACRE TRACT (DEED BOOK 329, PAGE 390); THENCE WITH DUVALLS SOUTH LINE AS FOLLOWS: SOUTH 73 DEGREES 50 MINUTES 23 SECONDS EAST 36.78 FEET TO A FOUND IRON PIN, THENCE NORTH 61 DEGREES 39 MINUTES 30 SECONDS EAST 834.40 FEET TO A FOUND COTTON SPINDLE IN THE CENTER LINE OF JEFF WEBB ROAD, THE NORTHEAST CORNER OF THE ABOVE DESCRIBED 5.00 ACRE TRACT AND DUVALL`S SOUTHEAST CORNER; THENCE WITH THE CENTER LINE OF JEFF WEBB ROAD, SOUTH 46 DEGREES 01 MINUTES 52 SECONDS EAST 20.99 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT IS SUBJECT TO ALL THAT PART OCCUPIED BY JEFF WEBB ROAD AS ITS RIGHT OF WAY AND IS SUBJECT TO ANY AND ALL EASEMENTS AND RIGHT OF WAY NOT HEREIN DESCRIBED.
Being that same property conveyed to Loretta J. Ables and husband, Paul D. Ables, by Warranty Deed recorded in Book 403, Page 323 on October 2, 1998 in the Register’s Office for Lauderdale County, TN
TOGETHER WITH THAT CERTAIN 1997 FLEETWOOD RIVERCREST MOBILE HOME 80×16 VIN#: ALFLV64A19025-RC12.
Street Address: The street address of the property is believed to be 2565 Jeff Webb Road, Ripley, TN 38063, but such address is not part of the legal description of the property. In the event of any discrepancy, the legal description herein shall control.
Map/Parcel Number: 051 006.04
Current owner(s) of Record: Darel Simpson, Estate/Heirs of Loretta Simpson aka Loretta J. Ables
This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes and assessments; any restrictive covenants, easements or setback lines that may be applicable; rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any government agency, state or federal; and any and all prior deeds of trust, liens, dues, assessments, encumbrances, defects, adverse claims and other matters that may take priority over the Deed of Trust upon which this foreclosure sale is conducted or are not extinguished by this Foreclosure Sale.
THE PROPERTY IS SOLD WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO TITLE, MARKETABILITY OF TITLE, POSSESSION, QUIET ENJOYMENT OR THE LIKE AND FITNESS FOR A GENERAL OR PARTICULAR USE OR PURPOSE. The title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
Title to the manufactured home may be transferred by Bill of Sale or Certificate of Title, as the case may require.
The right is reserved to adjourn the sale to another time certain or to another day, time, and place certain, without further publication upon announcement on the day, time, and place of sale set forth above or any subsequent adjourned day, time, and place of sale.
If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified check made payable to or endorsed to Padgett Law Group. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Padgett Law Group, Substitute Trustee
6267 Old Water Oak Road, Suite 203
Tallahassee, FL 32312
(850) 422-2520 (telephone)
(850) 422-2567 (facsimile)
attorney@padgettlawgroup.com
PLG# 19-019523-1