Public Notices

Legal 12-4170 NOTICE OF SUBSTITUTE TRUSTEE’S SALE AND SALE OF PERSONAL PROPERTY WHEREAS by Deed of Trust (the “First Deed of Trust”) dated August 8, 2005, and of record at Record Book 584, page 414, in the Register’s Office of Dyer County, Tennessee (the “Register’s Office”), which was re-recorded at Record Book 587, page 480, in the Register’s Office and modified by a Modification of Deed of Trust of record at Record Book 755, page 521, in the Register’s Office, Ronald Reed (the “Owner”), did convey in trust to John C. Clark, as trustee, certain real property for the benefit of First State Bank to secure payment of a debt in the original principal sum of Six Hundred Ninety-One Thousand Two Dollars and Thirty-Five Cents ($691,002.35) and other obligations payable by Owner to Holder (the “First Debt”), which Deed of Trust is incorporated herein by reference; and which debt is additionally secured by a Fixture Filing of record in Record Book 584, page 423, in said Register’s Office, as continued by Record Book 715, page 68, in said Register’s Office; AND WHEREAS by Deed of Trust (the “Second Deed of Trust”) dated August 24, 2007, and of record at Record Book 656, page 190, in the Register’s Office, as modified by the Modification of Deed of Trust of record at Record Book 791, page 346, in said Register’s Office, the Owner did convey in trust to John C. Clark, as trustee, certain real property for the benefit of Holder to secure payment of a debt in the original principal sum of Three Hundred Twenty-Six Thousand Three Hundred Sixteen Dollars and Eight Cents ($326,316.08) and other obligations payable by the Owner to Holder (the “Second Debt”), which Second Deed of Trust is incorporated herein by reference; AND WHEREAS by Security Agreement executed August 8, 2005 (the “First Security Agreement”), Owner granted First State Bank a security interest in any and all furnishings, fixtures, equipment, machinery, materials owned, and fixtures then owned or after-acquired and located at 1999 St. John Avenue, Dyersburg, Tennessee (the “Personal Property”), to secure payment of the First Debt, and the lien thereby granted was perfected by a UCC-1 Financing Statement recorded with the Register’s Office at Record Book 584, page 423, and continued by a UCC Financing Statement Amendment of record at Record Book 715, page 68, in the Register’s Office, and a UCC Financing Statement Amendment of record at Record Book 814, page 241, in the Register’s Office, and the security agreement and said UCC-1 Financing Statement and UCC Financing Statement Amendments are incorporated herein by reference; AND WHEREAS by Security Agreement executed August 24, 2007 (the “Second Security Agreement”), as amended on July 10, 2013, and a Commercial Security Agreement dated July 10, 2013 (the “Third Security Agreement”), Owner granted First State Bank a security interest in any and all dental equipment then owned or after-acquired (the “Equipment”), to secure payment of the Second Debt, and the lien thereby granted was perfected by the UCC-1 Financing Statement filed with the Tennessee Secretary of State on October 1, 2017, as document number 107-053747, and continued by a UCC Financing Statement Amendment filed with the Tennessee Secretary of State on April 26, 2012, as document number 112-213518, and assigned to Commercial Loan Investment X, LLC, by Financing Statement Amendment filed with the Tennessee Secretary of State on August 15, 2017, as document number 427358759, and continued again by a UCC Financing Statement Amendment filed with the Tennessee Secretary of State on August 15, 2017, as document number 427358803, and the security agreements and said UCC-1 Financing Statement and Financing Statement Amendments are incorporated herein by reference; AND WHEREAS on June 8, 2017, Simmons First National Bank, as successor by merger to First State Bank, executed an Assignment of Deed of Trust of record at Record Book 881, page 872, in said Register’s assigning the First Deed of Trust, the First Debt secured thereby, and all related claims to Commercial Loan Investment X, LLC, a Delaware limited liability company (“Holder”); AND WHEREAS on June 8, 2017, Simmons First National Bank, as successor by merger to First State Bank, executed an Assignment of Deed of Trust of record at Record Book 881, page 875, in said Register’s assigning the Second Deed of Trust, the Second Debt secured thereby, and all related claims to Holder; AND WHEREAS Holder is the true and lawful owner and holder of the First Debt, which is secured by the First Deed of Trust and the First Security Agreement, and the Second Debt, which is secured by the Second Deed of Trust and the Second Security Agreement and the Third Security Agreement; AND WHEREAS Holder, exercising its authority as such owner and holder, appointed Vincent K. Seiler as Substitute Trustee (the “Trustee”) of the First Deed of Trust by instrument of record at Book 934, page 745, in the Register’s Office, who is vested with all of the rights, powers and privileges of the original trustee set forth in the First Deed of Trust; AND WHEREAS Holder, exercising its authority as such owner and holder, appointed Vincent K. Seiler as Substitute Trustee (the “Trustee”) of the Second Deed of Trust by instrument of record at Book 934, page 745, in the Register’s Office, who is vested with all of the rights, powers and privileges of the original trustee set forth in the Second Deed of Trust; AND WHEREAS default has been made in the payment of the First Debt secured by the First Deed of Trust and the First Security Agreement and in payment of the Second Debt secured by the Second Deed of Trust and the Second Security Agreement and the Third Security Agreement, and Holder, as the owner and holder of the First Debt and the Second Debt, has accelerated the First Debt and the Second Debt, the entire balance of the First Debt and the entire balance of the Second Debt are due and payable, and Holder has instructed the Trustee to foreclose the First Deed of Trust and the Second Deed of Trust and to sell the personal property secured by the security agreements in accordance with their terms and provisions and applicable law. WHEREFORE, by the authority vested in me as Trustee under said instrument, I will on December 30, 2019, at 11:00 a.m. Central Time, at the entrance of the Dyer County Courthouse located at One Veterans Square, Dyersburg, Tennessee 38025, offer for sale and sell at public auction to the highest and best bidder for cash in bar of all rights and equities of redemption, statutory and otherwise, homestead, dower and all other rights or exemptions of every kind to the extent waived in the First Deed of Trust and the Second Deed of Trust, the property therein conveyed, which is situated in the State of Tennessee, Dyer County (the “Real Property”), and is described as follows: LYING AND BEING situated in the 4th Civil District of Dyer County, Tennessee, and BEGINNING at an iron rod in the west right of way margin of St. John Avenue (Hwy 51 North); thence south 51 degrees 46 minutes 39 seconds west with the west right of way margin of St. John Avenue 150 feet; thence north 38 degrees 13 minutes 21 seconds west for a distance of 278.45 feet; thence north 52 degrees 29 minutes 37 seconds east for a distance of 80.01 feet an iron rod; thence north 51 degrees 46 minutes 39 second east for a distance of 70 feet, said point being the northernmost corner of the tract herein described and conveyed; thence south 38 degrees 13 minutes 21 seconds east for a distance of 277.45 feet to the point of beginning. This property is Lot No. 4 of the l. M. C.-St. John Ave. Subdivision as shown by plat of record recorded September 24, 2003, in Plat Cabinet B, Sleeve 410, and re-recorded December 10 2003, in Plat Cabinet B, Sleeve 409, in the Register’s Office for Dyer County, Tennessee. Being the same property conveyed to Ronald Reed by deed of record in Record Book 524, page 571, in the Register’s Office of Dyer County Tennessee. The Real Property has street address 1999 St. John Avenue, Dyersburg, Tennessee 38024, and is also identified as Map 089, Parcel 004.19; such tax designations to take priority over the street addresses if any inconsistency, but all such addresses, common designations, and tax information are not a part of the legal description of the properties herein described, and in the event of any discrepancy, the legal descriptions herein shall control all other designations and identifiers. The “interested parties” in the Real Property, as defined in T.C.A. § 35-5-104(d), in addition to the Borrower, are Pacific Western Bank, the United States Department of the Treasury, Internal Revenue Service, the Tennessee Department of Revenue, and the Tennessee Department of Labor & Workforce Development. Said sale shall be made for cash in bar of all right and equity of redemption, homestead, dower, and all other rights or exemptions of every kind to the extent waived in the First Deed of Trust and the Second Deed of Trust, but subject to the following: 1. Any unpaid taxes against the Real Property; 2. Any recorded and/or unrecorded easements, conditions, covenants, rights-of-way, or subdivision plats affecting the Real Property; 3. Any dedication of roads affecting the Real Property and any governmental zoning and subdivision ordinances or regulations in effect; 4. Any valid filed or unfiled mechanic or materialman lien; and 5. Any prior or superior liens, judgments, deeds of trust, or other interests of record. Holder has complied with the notice provisions of 26 U.S.C. § 7425(c) and Reg. §§ 301.7425-1 and, T.C.A. § 67-1-1433(b)(2). The sales of the real and the personal property shall be subject to the right of redemption by the State of Tennessee pursuant to T.C.A. 67-1-1433(c)(1) and the right of redemption of the United States pursuant to 26 U.S.C.S. § 7425(d)(1). Holder reserves the right to retain any escrows, reserves, security deposits, or other funds or rights to payment of funds and to apply the same in accordance with the terms and provisions of the First Deed of Trust and related documents and the Second Deed of Trust and related documents. Holder or its designee shall have the right to place a bid for credit against the obligations secured by the First Deed of Trust and the Second Deed of Trust, which shall be deemed the equivalent of a cash bid and which may be assigned to the assignee of Holder's choice by giving notice of the same to the undersigned Trustee. Holder will on the same date and at the same time and place proceed to sell at public outcry to the highest and best bidder for cash, pursuant to the provisions of T.C.A. §§ 47-9-604 & 610, the Personal Property and the Equipment. The Real Property and the Personal Property may be sold as a whole or by tract or groups of tracts at the discretion of the Trustee. 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 and time and place of sale set forth above. The failure of any high bidder to pay the purchase price and close this sale shall, at the option of Holder, be cause for rejection of the bid, and if the bid is rejected, Holder shall have the option of making the sale to the next highest bidder who is able, capable, and willing to comply with the terms thereof. The proceeds derived from the sale will be applied as provided for by applicable law and in the First Deed of Trust and related documents, the Second Deed of Trust and related documents, and the security agreements and related documents, which are made a part hereof as if set forth verbatim herein. This Notice of Sale has been posted and/or published in accordance with T.C.A. § 35-5-101 et seq. and any provisions of the Deed of Trust affecting same beginning December 5, 2019__________ Vincent K. Seiler, Substitute Trustee Seiler & Houston, PLLC 125B Stonebridge Blvd. (38305) P.O. Box 10455 Jackson, TN 38308 731-300-3656 Published: Dec. 5, 2019 Dec. 12, 2019 Dec. 19, 2019
LEGAL 12-4169 NOTICE OF TRUSTEE'S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated February 26, 2016, and the Deed of Trust of even date securing the same, recorded February 29, 2016, in Book No. 848, at Page 289, in Office of the Register of Deeds for Dyer County, Tennessee, executed by Christopher Allen Golden and Courtney Golden, conveying certain property therein described to Sherrell Armstrong as Trustee for Mortgage Electronic Registration Systems, Inc. as beneficiary, as nominee for First Citizens National Bank, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by Lakeview Loan Servicing, LLC. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by Lakeview Loan Servicing, LLC, will, on January 3, 2020 on or about 10:00 AM, at the Dyer County Courthouse, Dyersburg, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Dyer County, Tennessee, and being more particularly described as follows: Situate, lying and being in the Fifteenth (15th) Civil District of Dyer County, Tennessee, and more particularly described as follows: Being Lot No. Twenty (20)Parks Addition to Trimble, Dyer County, Tennessee, and BEGINNING at a point in the southerly line of Parks Street at the northeast corner of Lot No. 19 of the Parks Addition (unrecorded); thence eastwardly with the southerly line of Parks Street 80 feet to a point at the northwest corner of Lot No. 21 of said Addition; thence southwardly at an interior angle of 76 degrees 26 minutes, 160 feet to a point at the southwest corner of said Lot No. 21; thence westwardly at an interior angle of 103 degrees 34 minutes, 80 feet to a point at the southeast corner of said Lot No. 19; thence northwardly at an interior angle of 76 degrees 26 minutes, 160 feet to the POINT OF BEGINNING, according to survey of David B. Kersey, dated 12/11/79. ALSO KNOWN AS: 83 Park St, Trimble, TN 38259 This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, 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; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: CHRISTOPHER ALLEN GOLDEN W&A No. 343761 COURTNEY GOLDEN The sale held pursuant to this Notice may be rescinded at the Successor Trustee's option at any time. 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. In the event of inclement weather, the trustee hereby announces that the sale will be postponed for a period of two weeks. In such situations, notices will be mailed to interested parties of record. W&A No. 343761 DATED December 2, 2019 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee Publication: December 5, 2019 December 12, 2019 December 19, 2019