WHEREAS, Rene C. Del Valle by Deed of Trust (the "Deed of Trust") dated the 15th day of October, 2007, of record in Record Book 201, page 331, RegisterÕs Office for Warren County, Tennessee, conveyed to David W. Marttala, Trustee, the hereinafter described real property to secure the payment of a certain Promissory Note (the "Note") described in the Deed of Trust, which Note was payable to First National Bank, 200 East Main St. McMinnville, TN 37110.
WHEREAS, default has been made in the payment of the Note; and
WHEREAS, the owners and holders of the Note have demanded that the hereinafter described real property be advertised and sold in satisfaction of indebtedness and costs of foreclosure and sale in accordance with the terms and provisions of the Note and Deed of Trust.
NOW, THEREFORE, notice is hereby given that I, Jason N. King, Substitute Trustee, pursuant to the power, duty, and authority vested in and conferred upon me, by the Deed of Trust of record in Record Book 201, page 331 and Appointment of Substitute Trustee of record in Record Book 337, page 281, RegisterÕs Office for Warren County, Tennessee, as corrected in Record Book 338, page 607, said RegisterÕs Office, having been requested to do so by the lawful holder and owner of said debt, will on June 26, 2014 at 1:30 p.m. at, 3087 Sparta Street, McMinnville, Tennessee 37110, being the address of the hereinafter described real property, offer for sale to the highest bidder for cash, 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 Warren County, Tennessee, described as follows:
Beginning on an iron pin in the west margin of U.S. Highway 70 south, Cecil Hillis' southeast corner; thence with Hillis line north 86 deg. 36 min. west 461.20 feet to an iron pin; thence south 10 deg. 32 min. east 494.23 feet to a steel post; thence south 48 deg. 31 min. east 99.11 feet to an iron pin in the west margin of U.S. Highway 70 south; thence with U.S. Highway 70 South, north 40 deg. 35 min. east 108.13 feet to an iron pin; thence north 35 deg. 06 min. east 132.60 feet to an iron pin; thence north 29 deg. 21 min. east 114.34 feet to an iron pin; thence north 24 deg. 25 min. east 122.26 feet to an iron pin; thence north 19 deg. 11 min. east 129.78 feet to the place of beginning and containing 3.52 acres as per the survey of Thaxton & Bartlett, dated June 7, 1988.
Being the same property conveyed to Rene C. Del Valle and Michael C. Good by Warranty Deed dated 11/18/1994 and filed for record on 11/21/1994 in Deed Book 281, page 652, of the Register's Office of Warren County, Tennessee. Said property was further conveyed to Rene C. Del Valle by Warranty Deed of record in Record Book 35, page 546, said Register's Office.
This sale is subject to any unpaid taxes, if any, any prior liens or encumbrances, leases, easements and all other matters of record including but not limited to the priority of any fixture filing. The property is being sold as is where is without warranty as to its condition and subject to all mortgages, liens, claims, rights and any and all unpaid taxes of whatever nature that may be liens against it. If the U.S. Department of the Treasury/Internal Revenue Service, the State of Tennessee Department of Labor and Workforce Development are listed as interested parties in the advertisement, then the notice of this foreclosure is being given to them, and the sale will be subject to the applicable governmental entities right to redeem the property, all as required by 26 U.S.C 7425 and T.C.A. 67-1-1433.
The right is reserved to adjourn the day of the sale to another day, time and place certain without further publication, upon announcement at the time and place for the sale set forth above. The Trustee/Substitute Trustee reserves the right to rescind the sale.
The best and highest bidder must make a ten percent (10%) down payment on the day of the sale and pay the remaining balance before the expiration of twenty (20) days after the date of the sale. 2014 taxes will be prorated. A ten percent (10%) buyerÕs premium applies. In the event the highest bidder does not honor the highest bid within twenty (20) days, the next highest bidder at the next highest bid will be deemed the successful bidder.
Interested Parties: First National Bank, Warren County Trustee, Internal Revenue Service
This is improved property also known as 3085 & 3087 Sparta St., McMinnville, TN 37110
Map Reference: 58-027.02-001, 58-027.02, 58-027.02-005
DATED this 22nd day of May, 2014.
Jason N. King, Trustee
To be run: 5/28, 6/4, 6/11