• SUCCESSOR TRUSTEE'S NOTICE OF ...

SUCCESSOR TRUSTEE'S NOTICE OF FORECLOSURE SALE Notice is hereby given that default has been made in the payment of that certain indebtedness (the "Indebtedness") due from Jeffrey Polizzotto and E. Bernice Polizzotto (the "Grantors") to Cumberland County Bank (now Bank of Putnam County by merger) (the "Lender"), secured by Deed of Trust executed on February 11, 2002, by Jeffrey W. Polizzotto and E. Bernice Polizzotto to Jack Ray, Trustee, recorded in Book 1098, Page 400, as Modified at Book 1339, Page 1415, and Extended at Book 1426, Page 365; and Deed of Trust executed on August 18, 2006, by Jeffrey Polizzotto and E. Bernice Polizzotto to Jack P. Ray, Trustee, recorded in Book 1240, Page 741, as Modified at Book 1339, Page 1412, and Book 1339, Page 1415, and Extended at Book 1426, Page 363, all in the Register's Office for Cumberland County, Tennessee, (the "Deeds of Trust"), thereafter the Lender appointed Pointer Title Services, Inc. / Leon Foster, Attorney as Successor Trustee by instrument dated the 1st day of August, 2017, and recorded at Book 1507, Page 292. Register's Office, Cumberland County, Tennessee. Default having occurred, the Lender has exercised its option to declare the entire Indebtedness due and payable, and has made demand for foreclosure pursuant to the Deeds of Trust. CUMBERLAND COUNTY PROPERTY:The phrase "Cumberland County Property" as used herein shall mean all of the Grantor's right, title and interest in an to the following described real property (together with all existing or subsequently erected or affixed improvements and fixtures, all appurtenant easements and rights of way, and other appurtenances) described as follows: LEGAL DESCRIPTION: Warranty Deed from William K. Okamoto, Trustee of William K. Okamoto Living Trust to Jeffrey W. Polizzotto and wife, E. Bernice Polizzotto of record in Book 467, Page 634. (Lot 134, Replat Block 4, Lake Catherine Addition to Fairfield Glade)Warranty Deed from Jane E. Ristau to Jeffrey Polizzotto and wife, Bernice Polizzotto of record in Book 1300, Page 1949. (Lot 135, Replat Block 4, Lake Catherine Addition to Fairfield Glade) COMMON DESCRIPTION: Tax Map 077-J, Group H, Parcel 10.00 Address:115 Prescott Lane, Crossville, TN 38558 Tax Map 077-J, Group H, Parcel 9.00 Address:117 Prescott Lane, Crossville, TN 38558 The legal description shall control in the event of any inconsistency among the legal description, address, or tax map identification number. CONDITIONS OF SALE: Pointer Title Services, Inc. / Leon Foster, Attorney, Successor Trustee, or his agent, acting under the authority vested in the Trustee by the Deeds of Trust, will be at the front door (North Main Street entrance) of the Cumberland County Courthouse, Crossville, Tennessee on __October 11, 2017 @ 11:00 A.M._ (prevailing Central Time) to offer for cash sale to the highest and best bidder at public auction in bar of and free from all rights of redemption afforded by statute, equitable rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other rights waived by the Grantors in the Deeds of Trust, the real property as described hereinabove, to effect satisfaction of principal, interest, and costs due on promissory note dated March 6, 2008, from Jeffrey W. Polizzotto and E. Bernice Polizzotto to Cumberland County Bank, and secured by the aforementioned Deeds of Trust to Jack P. Ray, Trustee, as well as to pay all attorney's fees and costs necessarily incident to this foreclosure. The Successor Trustee shall convey the real property to the bidder with the highest and best bid of all bidders present at the sale. A review of the records at the Register's Office for Cumberland County, Tennessee disclosed that the Property may be subject to certain matters set forth below, and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Successor Trustees Notice of Sale. 1.Any and all unpaid ad valorem taxes payable to Cumberland County, Tennessee (plus penalty and interest, if any) that may be a lien against the Property. (2016 Taxes not paid) 2.Matters which an accurate survey of the Property might disclose. 3.All other easements and restrictions of record in said Register's Office. (Book 99, Page 370 and amendments thereto) The foregoing matters may or may not take priority over the Deeds of Trust. To the extent such matters do take priority over the Deeds of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deeds of Trust under applicable law, the Property will not remain subject to them after the sale. Said sale will be subject to any and all unpaid ad valorem taxes (plus penalty and interest, if any) that may be a lien against the Property, and subject to any and all liens, defects, encumbrances, adverse claims and other matters which take priority over the Deeds of Trust upon which this foreclosure sale is had, and subject to any statutory rights of redemption not otherwise waived in the Deeds of Trust, including rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency. Said sale is also subject to matters which an accurate survey of the Property might disclose. The Cumberland County Property is being sold "AS IS WHERE IS" without warranty or representation by the Successor Trustee. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SUCCESSOR TRUSTEE RESERVES THE RIGHT TO ADJOURN THE DAY OF THE SALE TO ANOTHER DAY, TIME AND PLACE CERTAIN WITHOUT FURTHER PUBLICATION, UPON ANNOUNCEMENT OF SAID ADJOURNMENT AT THE TIME AND PLACE FOR THE SALE SET FORTH ABOVE. IN THE EVENT THE HIGHEST BIDDER DOES NOT CLOSE THE SALE WITHIN THE TIME PROVIDED, THE SUCCESSOR TRUSTEE RESERVES THE RIGHT TO CLOSE THE SALE WITH THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID. The Successor Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey the property only as Successor Trustee. Title to the property is to be conveyed subject to all prior liens, easements, covenants, conditions, encumbrances, and restrictions that may exist including, without limitation, any unpaid ad valorem taxes or other taxes. The proceeds of the sale will be applied in accordance with the terms of the Deed of Trust. This _7th______ day of September__, 2017. Leon Foster, Successor Trustee Pointer Title Services, Inc. Leon Foster, Successor Trustee 206-C S. Jefferson Ave. Cookeville, TN 38501 Publish Dates: September 15, 22&29, 2017.
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PostedSeptember 15, 2017