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5-28-14 Foreclosure Sale
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NOTICE OF

 

FORECLOSURE SALE

 

   WHEREAS, Rene C. Del Valle and wife, Carole Del Valle by Deed of Trust (the "Deed of Trust") dated the 6th day of May, 2009, of record in Record Book 239, page 294, 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 239, page 294 and Appointment of Substitute Trustee of record in Record Book 337, page 279, RegisterÕs Office for Warren County, Tennessee, having been requested to do so by the lawful holder and owner of said debt, will on June 28, 2014 at 10:30 a.m., at 5145 Viola Road, 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:

 

Tract 1:

 

  Beginning at a 1/2" rebar (new), being the southwest corner of Dickie Adcock (WDB: 106 PG: 465) and in the east margin of Viola Road (Highway #108); thence leaving Viola Road (Highway #108) and with a fence and the south line of Dickie Adcock S 52 deg. 06' 33" E 647.19' to a 1/2" rebar (new), being the northeast corner of property being described; thence leaving Dickie Adcock and the fence and severing D.F. Davis Property (WDB: 225 PG: 365) S 20 deg. 41' 57" W 357.79' to a 1/2" rebar (new), being the southeast corner of property being described; thence N 69 deg. 18' 03" W 652.11' to a 1/2" rebar (new), being in the east margin of Viola Road (Highway #108); thence with the east margin of Viola Road (Highway #108) N 21 deg. 55' 45" E 263.59'; thence around a curve to the right an arc distance of 287.22' (Radius: 1868.18' Chord: N 26 deg. 20' 01" E 286.94') to the point of beginning. Containing 6.740 acres, more or less, as surveyed by Allen Maples Land Surveying, 889 East Cole Road, Quebeck, Tennessee, 38579, Allen Maples Jr. R.L.S. #2171, on February 6, 2009.

 

 Tract 2:

 

  Beginning at a 1/2" rebar (new) in the east margin of Viola Road (Highway #108), being located S 24 deg. 13' 29" W 550.12' from the southwest corner of Dickie Adcock (WDB: 106 PG: 465); thence leaving Viola Road (Highway #108) and severing D.F. Davis Property (WDB: 225 PG: 365) S 69 deg. 18' 03" E 652.11' to a 1/2" rebar (new); thence N 20 deg. 41' 57" E 357.79' to a 1/2" rebar (new), being the northwest corner of property being described, and in a south line of Dickie Adcock (WDB: 106 PG: 465); thence with the south margin of Dickie Adcock and a fence S 52 deg. 06' 33" E 76.88' to a wood post; thence with the south line of Dickie Adcock and a fence S 51 deg. 26' 32" E 486.21' to a 1/2" rebar (new), being the northeast corner of property being described; thence leaving Dickie Adcock and the fence and severing D.F. Davis Property S 29 deg. 27' 02" W 369.03' to a 1/2" rebar (new), being the southeast corner of property being described; thence N 62 deg. 49' 02" W 1140.56' to a 1/2" rebar in the east margin of Viola Road (Highway #108), thence with Viola Road (Highway #108) N 21 deg. 55' 45" E 50.00' to the point of beginning. Containing 6.322 acres, more or less, as surveyed by Allen Maples Land Surveying, 889 East Cole Road, Quebeck, Tennessee, 38579, Allen Maples Jr. R.L.S. #2171, on February 6, 2009.

 

 Tract 3:

 

  Beginning at a 1/2" rebar (new) in the east margin of Viola Road (Highway #108), being located S 24 deg. 02' 01" W 600.08' from the southwest corner of Dickie Adcock (WDB: 106 PG: 465); thence leaving Viola Road (Highway #108) and severing D.F. Davis Property (WDB: 225 PG: 365) S 62 deg. 49' 02" E 1140.56' to a 1/2" rebar (new), being the northeast corner of property being described; thence S 29 deg. 27' 02" W 200.16' to a 1/2" rebar (new), being the southeast corner of property being described; thence N 62 deg. 49' 02" W 1114.25' to a 1/2" rebar (new) in the east margin of Viola Road (Highway #108); thence with the east margin of Viola Road (Highway #108) N 21 deg. 55' 45" E 200.84' to the point of beginning. Containing 5.176 acres, more or less, as surveyed by Allen Maples Land Surveying, 889 East Cole Road, Quebeck, Tennessee, 38579, Allen Maples Jr. R.L.S. #2171, on February 6, 2009.

 

 Tract 4:

 

  Beginning at a 1/2" rebar (new) in the east margin of Viola Road (Highway #108), being located S 23 deg. 30' 21" W 800.83" from the southwest corner of Dickie Adcock (WDB: 106 PG: 465); thence leaving Viola Road (Highway #108) and severing D.F. Davis Property (WDB: 225 PG: 365) S 62 deg. 49' 02" E 1114.25' to a 1/2" rebar (new), being the northeast corner of property being described; thence S 29 deg. 27' 02" W 200.16 to a 1/2" rebar (new), being the southeast corner of property being described; thence N 62 deg. 49' 02" W 1087.94' to a 1/2" rebar (new) in the east margin of Viola Road (Highway #108); thence with the east margin of Viola Road (Highway #108); N 21 deg. 55' 45" E 200.84' to the point of beginning. Containing 5.056 acres, more or less, as surveyed by Allen Maples Land Surveying, 889 East Cole Road, Quebeck, Tennessee, 38579, Allen Maples Jr. R.L.S. #2171, on February 6, 2009.

 

 Tract 5:

 

  Beginning at a 1/2" rebar (new) in the east margin of Viola Road (Highway #108), being located S 23 deg. 11' 23" W 1001.61' from the southwest corner of Dickie Adcock (WDB: 106 PG: 465); thence leaving Viola Road (Highway #108) and severing D.F. Davis Property (WDB: 225 PG: 365) S 62 deg. 49' 02" E 1087.94' to a 1/2" rebar (new), being the northeast corner of property being described; thence S 29 deg. 27' 02" W 205.52' to a 1/2" rebar (new), being the southeast corner of property being described; thence N 62 deg. 31' 59" W 1068.89' to a 1/2" rebar (new) in the east margin of Viola Road (Highway #108); thence with the east margin of Viola Road (Highway #108) and around a curve to the left and arc distance of 127.31' (Radius: 1008.58' Chord: N 25 deg. 16' 46" E 127.24'); thence N 21 deg. 55' 45" E 73.19' to the point of beginning. Containing 5.008 acres, more or less, as surveyed by Allen Maples Land Surveying, 889 East Cole Road, Quebeck, Tennessee, 38579, Allen Maples Jr. R.L.S. #2171, on February 6, 2009.

 

 Tract 6:

 

  Beginning at a 1/2" rebar (new) in the east margin of Viola Road (Highway #108), being located S 23 deg. 20' 03" W 1201.94' from the southwest corner of Dickie Adcock (WDB: 106 PG: 465); thence leaving Viola Road (Highway #108) and severing D.F. Davis Property (WDB: 225 PG: 365) S 62 deg. 31' 59" E 1068.89' to a 1/2" rebar (new), being the northeast corner of property being described; thence S 29 deg. 27' 02" W 205.72' to a 1/2" rebar (new), being the southeast corner of property being described; thence N 62 deg. 31' 59" W 1085.62' to a 1/2" rebar (new) in the east margin of Viola Road; thence with the east margin of Viola Road (Highway #108) and around a curve to the left an arc distance of 207.29' (Radius: 1088.58 Chord: N 34 deg. 05' 07" E 206.98') to the point of beginning. Containing 5.069 acres, more or less, as surveyed by Allen Maples Land Surveying, 889 East Cole Road, Quebeck, Tennessee, 38579, Allen Maples Jr. R.L.S. #2171, on February 6, 2009.

 

 Tract 7:

 

  Beginning at a 1/2" rebar (new) in the east margin of Viola Road (Highway #108), being located S 24 deg. 54' 29" W 1405.82' from the southwest corner of Dickie Adcock (WDB: 106 PG: 465); thence leaving Viola Road (Highway #108) and severing D.F. Davis Property (WDB: 225 PG: 365) S 62 deg. 31' 59" E 1085.62' to a 1/2" rebar (new), being the northeast corner of property being described; thence S 29 deg. 27' 02" W 221.54' to a 1/2" rebar (new) in the north margin of Rockliff Lane; thence with the north margin of Rockliff Lane N 59 deg. 31' 50" W 520.96'; thence N 58 deg. 39' 35" W 194.29'; thence N 60 deg. 57' 21" W 77.84'; thence N 65 deg. 48' 17" W 347.57' to a 1/2" rebar (new), at the intersection of Rockliff Lane and Viola Road; thence with the east margin of Viola Road (Highway #108) N 47 deg. 12' 01" E 62.50'; thence around a curve to the left an arc distance of 145.53' (Radius: 1088.58 Chord: N 43 deg. 22' 14" E 145.42") to the point of beginning. Containing 5.009 acres, more or less, as surveyed by Allen Maples Land Surveying, 889 East Cole Road, Quebeck, Tennessee, 38579, Allen Maples Jr. R.L.S. #2171, on February 6, 2009.

 

 Tract 8:

 

  Beginning at a 1/2" rebar (new) in the north margin of Rockliff Lane, being located S 62 deg. 15' 52" E 1176.96' from the intersection of Rockliff Lane and Viola Road (Highway #108); thence leaving Rockliff Lane and severing D.F. Davis Property (WDB: 225 PG: 365) N 29 deg. 27' 02" E 1404.07' to a 1/2" rebar (new), being in the south line of Dickie Adcock (WDB: 106 PG: 465); thence with the south line of Dickie Adcock and a fence S 51 deg. 26' 32" E 300.76' to a 1/2" rebar (new) being in northeast corner of property being described; thence leaving Dickie Adcock and the fence and severing D.F. Davis Property S 35 deg. 09' 58" W 1364.17' to a 1/2" rebar (new) in the north margin of Rockliff Lane; thence with the north margin of Rockliff Lane N 59 deg. 31' 50" W 161.14' to the point of beginning. Containing 7.294 acres, more or less, as surveyed by Allen Maples Land Surveying, 889 East Cole Road, Quebeck, Tennessee, 38579, Allen Maples Jr. R.L.S. #2171, on February 6, 2009.

 

 Tract 9:

 

  Beginning at a 1/2" rebar (new) in the north margin of Rockliff Lane, being located S 61 deg. 56' 07" E 1337.94' from the intersection of Rockliff Lane and Viola Road (Highway #108); thence leaving Rockliff Lane and severing D.F. Davis Property (WDB: 225 PG: 365) N 35 deg. 09' 58" E 1364.17' to a 1/2" rebar (new), being in the south line of Dickie Adcock (WDB: 106 PG: 465); thence with the south line of Dickie Adcock and a fence S 51 deg. 26' 32" E 172.20' to a 24" hickory in the fence line; thence S 50 deg. 33' 12" E 127.94' to a 1/2" rebar (new), being the northeast corner of property being described; thence leaving Dickie Adcock and the fence and severing D.F. Davis Property S 41 deg. 09' 54" W 1338.51' to a 1/2" rebar (new) in the north margin of Rockliff Lane; thence with the north margin of Rockliff Lane N 59 deg. 31' 50" W 161.14' to the point of beginning. Containing 7.142 acres, more or less, as surveyed by Allen Maples Land Surveying, 889 East Cole Road, Quebeck, Tennessee, 38579, Allen Maples Jr. R.L.S. #2171, on February 6, 2009.

 

  Being the same property conveyed to Rene C. Del Valle and wife, Carole A. Del Valle, by Executrix's Deed dated 05/06/2009 and filed for record on 05/13/2009 in Record Book 239, page 290, of the Register's Office of Warren County, Tennessee.

 

  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), 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 5145 Viola Rd., McMinnville, TN 37110

 

Map Reference: 103-012.00

 

  DATED this 22nd day of May, 2014.

 

Jason N. King, Trustee

 

To be run: 5/28, 6/4, 6/11

 

6856 W3t6-11