NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated June 15, 2018, executed by DANIEL B. FRAGEORGIA, JR., conveying certain real property therein described to THE CHAMBERLAIN LAW FIRM, as Trustee, as same appears of record in the Register’s Office of Clay County, Tennessee recorded June 18, 2018, in Deed Book 148, Page 461 ; and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Guardian Mortgage, a division of Sunflower Bank, N.A. who is now the owner of said debt; and
WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Clay County, Tennessee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on October 14, 2021 at 1:00 PM at the Front Entrance of the Clay County Courthouse, Celina, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Clay County, Tennessee, to wit:
BEING LOTS NOS. 14, 15, 16, 17 AND 18 IN THE HILL TOP SUBDIVISION, AND BEING MORE FULLY SHOWN, DESIGNATED, DESCRIBED AND LOCATED IN THE PLAT OF SAID HILL TOP SUBDIVISION, WHISH IS DULY RECORDED IN PLAT BOOK 1, PAGE 25, REGISTER`S OFFICE OF CLAY COUNTY, TENNESSEE, TO WHICH PLAT EXPRESS REFERENCE IS HEREBY MADE AND WHICH IS INCORPORATED HEREIN BY REFERENCE.
SUBJECT TO ANY AND ALL MATTERS OF RECORD IN PLAT BOOK 1, PAGE 25, REGISTER`S OFFICE, CLAY COUNTY, TENNESSEE.
Parcel ID: 025O-A-001.00
PROPERTY ADDRESS: The street address of the property is believed to be 57 STEVE RICH RD, RED BOILING SPRINGS, TN 37150. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.
CURRENT OWNER(S): DANIEL B. FRAGEORGIA, JR.
OTHER INTERESTED PARTIES:
The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; 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. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Rubin Lublin TN, PLLC, Substitute Trustee
119 S. Main Street, Suite 500
Memphis, TN 38103
Tel: (877) 813-0992
Fax: (470) 508-9401
9-7, 9-14, 9-21 3TC
NOTICE OF TRUSTEE’S SALE
WHEREAS, CUMBERLAND AREA INVESTMENT CORPORATION hereby gives notice that default has occurred in the performance of the covenants, terms, and conditions of a Promissory Note dated January 15, 2016, and the Deed of Trust dated January 15, 2016, between the grantor, ANGEL WATSON D/B/A PEA RIDGE QUICK MART & CAFÉ and the grantee, CUMBERLAND AREA INVESTMENT CORPORATION, recorded in Record Book No. 139 at Page 49, in the Register’s Office of Clay County, Tennessee, securing the Note and conveying certain property described therein to Daniel H. Rader IV, having been appointed Successor Trustee by the CUMBERLAND AREA INVESTMENT CORPORATION.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and Daniel H. Rader IV, as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon the Successor Trustee by CUMBERLAND AREA INVESTMENT CORPORATION, will on September 30, 2021, on or about 11:00 a.m., at the Clay County Courthouse, Celina, Tennessee, offer for sale certain real 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 situated in Clay County, Tennessee, and being more particularly described as follows:
Being in the Third Civil District of Clay County, Tennessee:
BEGINNING at a concrete monument on the east margin of Tennessee Highway #53 and the northern margin of the Holly Creek Road; thence North 32° 03’ 43” E 163.50 feet to a 1/2” pipe; thence severing the right-of-way and severing the land of Glen Watson, S 82° 13’ 27” E 37.21 feet to a 1/2” pipe; thence S 28° 08’ 07” 296.55 feet to a 1/2” pipe; thence S 34° 23’ 04” W 52.72 feet to a 1/2” pipe; thence S 61° 17’ 39” W 9801 feet to a 1/2” pipe on the northeast right-of-way of the Holly Creek Road; thence with the right-of-way N 09° 21’ 41” W 52.75 feet to a concrete monument; thence N 32° 48’ 46” W 107.25 feet to a concrete monument; thence N 55° 09’ 29” W 76.30 feet to a concrete monument; thence N 29° 21’ 07” W 37.62 feet to the point of beginning containing 0.9321 acres. As surveyed by Wiggins Land Surveying Plat dated August 24, 1999.
And being the same property conveyed to Jeffrey L. Watson and wife, Angel Watson, by Warranty Deed from Glen Watson and wife, Lorene Watson, dated April 17, 2001, and recorded at Deed Book 75, page 66-68, Register’s Office of Clay County, Tennessee.
Together with a right-of way across that certain 32-feet wide road, said right-of-way beginning at a 1/2” pipe on the Northeast side of the Holly Creek Road; thence leaving the Northeast side of the Holly Creek Road, N 61° 17’ 39” E 98.01 feet; thence N 34° 23’ 04” E 52.72 feet to a 1/2” pipe; thence S 28° 08’ 07” E 32.00 feet; thence S 34° 23’ 04” W 52.72 feet; thence S 61° 17’ 39” W 98.01 feet to a point on the North side of the Holly Creek Road; thence with the North side of the Holly Creek Road, westward 32 feet to the beginning.
There is also conveyed herewith a perpetual right and easement to maintain across and upon the lands of the Grantors lying to the North of the lands herein conveyed, underground field lines for a sewer system, the septic tank of which is located on the property herein above conveyed, and to go upon the lands of the Grantors whenever reasonably necessary for the purposes of inspecting, maintaining and repairing said field lines, and the Grantees, upon making said repairs, shall make level the surface of the ground above said field lines, and interfere as little as reasonably possible with any improvements upon the Grantors’ land.
The previous and last conveyance being a Quitclaim Deed from Jeffrey L. Watson to Angel Watson dated November 5, 2012, of record in the Register’s Office for Clay County, Tennessee on November 9, 2012, Book WD 99, Page 162-163.
This is property known as 1700 Burkesville Highway, Celina, Tennessee 38551 [Map 16, Parcel 8.04].
SOURCE OF DESCRIPTION: This is the same description as the previous and last conveyance.
The above-described Real Property is improved property.
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. There are no other known parties that may claim an interest in the above-referenced property.
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.
DATED September 7, 2021
Daniel H. Rader IV
9-7, 9-14, 9-21 3TP