FORECLOSURE SALE NOTICE
WHEREAS, GARY WAYNE BENNETT, by a Tennessee Deed of Trust record in Trust Deed Book 75, Page 685, Register’s Office and conveyed to Henry D. Fincher, Trustee; the hereinafter described real property to secure the payment of certain indebtedness of described in the Deed of Trust, and,
WHEREAS, default in the payment of the aforesaid indebtedness secured by the Deed of Trust has been made in the payments of the debts and obligations to be paid under said Deed of Trust, and,
WHEREAS, William Hilker, has demanded that the real property be advertised and sold in satisfaction of said indebtedness and the cost of foreclosure, in accordance with the terms and provisions of the Deed of Trust;
NOW, THEREFORE, notice is hereby given that I, Henry D. Fincher, Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trustee, will on November 12, 2019 at 1:30 p.m. o’clock, prevailing time, at the South front door of the Jackson County Court House, Town Square, Gainesboro, Jackson County, Tennessee, offer for sale to the highest and best bidder for cash, and free from the equity of redemption and all rights of redemption, statutory or otherwise (including without limitation those rights of redemption contained in T.C.A. §66-8-101 et. Seq.), homestead, dower, elective share, right of every kind, which have been expressly waived in the Deed of Trust, certain real property situated in the 10th Civil District of Jackson County, Tennessee, described as follows:
SEE ATTATCHED EXHIBIT A
This is improved property known as 511 P Brewington Road, Cookeville TN 38506.
The Substitute Trustee reserves the right to postpone or set over the date of sale in the event the Substitute Trustee deems it best for any reason at the time of sale to postpone or continue this sale from time to time, with such notice of postponement as deemed reasonable by the Trustee. In the event the highest bidder at such sale fails to complete his purchase of the subject real property within the applicable time allowed, the undersigned Trustee reserves the right to complete the sale of the subject real property, without further notice of advertisement, to the next highest bidder who is able to consummate this purchase of the property within the time permitted by the Trustee. This sale shall further be subject to any announcements made at the time of the sale.
All rights and equity of redemption, homestead, dower and all other exemptions are expressly waived by the Debtor in said Deed of Trust, and title is believed to be good, but I will only convey as Substitute Trustee. This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid property taxes which exist as a lien against the property; any restrictive covenants, easements or setbacks lines that may be applicable; any property tax liability to Jackson County or the City of Gainesboro; subject to any UCC filings; any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any prior liens or encumbrances that may exist against the property; subject to any claim by TennCare while not expected. This sale is also subject to any matter that an accurate survey of the premises would disclose.
This property is to be sold “As Is, Where Is,” without representation of warranty of any kind whatsoever, whether express or implied. Without limiting foregoing, THIS PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSES.
Personal Representative, Estate of Gary Wayne Bennett, as the owner and mortgagor of the property.
This the 15th day of October, 2019.
Henry D. Fincher, Trustee
305 East Spring Street
Cookeville, TN 38501
10-15, 10-22, 10-29 3TC