NOTICE OF TRUSTEE’S SALE
Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust registered November 18, 2008, of record in Book TD114, Page 207, Register’s Office for Clay County, Tennessee, from or executed by John William Daniels and Amanda Ranae Daniels to Stephanie Pressley, Trustee, and Deed of Trust Modification and Extension Agreement, registered May 11, 2017, of record in Book TD143, Page 743 from or executed by and between John William Daniels and Amanda Ranae Daniels (”Borrower”), and Agreed Order Granting Relief from Automatic Stay and Abandonment entered July 19, 2019, United States Bankruptcy Court, Middle District of Tennessee, Case Number 2:19-bk-03542, (hereafter collectively referred to “Deed of Trust”) securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by American Bank & Trust of the Cumberlands, the lawful owner and holder thereof; and,
The undersigned, William D. Birdwell, Trustee, having been appointed through Appointment of Successor Trustee, recorded in Record Book MS15, Page 529, Register’s Office for Clay County, Tennessee;
NOW, WHEREFORE, I, William D. Birdwell, Trustee, pursuant to said Deed of Trust, having been requested by American Bank & Trust of the Cumberlands, the owner and holder of said indebtedness so to do, and by virtue of the authority and power vested in me by said Deed of Trust will, on Friday, September 5, 2019, at 12:00 p.m., at the South Door of the Clay County Courthouse, in the City of Celina, County of Clay, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), free from the statutory right of redemption, homestead, curtsey and dower, appraisement, and the marshalling of liens and assets relating to the property, all of which have been expressly waived by Borrower in said Deed of Trust, the following-described property:
Located in the Fourth (4th) Civil District of Clay County, Tennessee, which, pursuant to TCA 35-5-104(2) has a Concise Description as described in the complete legal description of the property contained in Deed of Trust recorded in Book TD 114, Page 207-212, Register’s Office Clay County, Tennessee, which is the previous and last conveyance of the property, and,
Common Description of Phillips Road and Map 036; Group –; Ctrl Map 036, and Parcel 001.04, as assessed by the Assessor of Property, Clay County, Tennessee.
Lien or claim of lien by the United States Internal Revenue Service was not registered in the Register’s Office of Clay County, Tennessee more than 30 days prior to the sale date;
Lien or claim of lien by the State of Tennessee, Tax Enforcement Division, was not registered in the Register’s Office of Clay County, Tennessee more than 30 days prior to the sale date;
This sale is being sold subject to any liens, easements, encumbrances, property taxes, rights of redemption of taxing entities and other matters which are prior in right to the lien of the aforesaid Deed of Trust.
Interested Parties; TCA 35-5-104(a)(1) and (d): John William Daniels, 6500 Phillips Rd, Allons, TN 38541; Amanda Ranae Daniels, 6500 Phillips Rd, Allons, TN 38541; John William Daniels, 2102 Phillips Rd, Allons, TN 38541; Amanda Ranae Daniels, 2102 Phillips Rd, Allons, TN 38541; Amanda Ranae Daniels, 17 Ormsby Lane, Pikeville, TN 37367; Amanda Ranae Daniels, 2095 Rickman Road, Livingston, TN 38570; American Bank & Trust of the Cumberlands, Attn: Albert Jenkins, P. O. Box 40, Livingston, Tennessee 38570.
Pursuant to TCA 35-5-101(e), a copy of the above notice, as required in TCA 35-5-104, was served upon the above referenced Debtor(s) and Interested Parties, by lodging same with the US Mail Certified Mail, Return Receipt Requested, postage prepaid, for delivery to the addresses indicated on or before the first date of publication.
Pursuant to the Service Members Civil Relief Act of 2003, confirmation was obtained on May 24, 2019, that there is no information in the Department of Defense data center that indicates John William Daniels or Amanda Ranae Daniels is currently on active military duty.
Dates of Publication; TCA 35-5-101(a)(b): The Citizen-Statesman newspaper, a newspaper published in Clay County, Tennessee, the county where the land is located and the sale is to be made, which shall be published in the newspaper on the following dates: August 13, 2019, August 20, 2019, and August 27, 2019.
William D. Birdwell, Esq.
457 East Broad Street
Cookeville, Tennessee 38501
8-13, 8-20, 8-27 3TC