Sale at public auction will be on May 28, 2019, at or about 1:00 PM, local time, at the south door of the Perry County Courthouse, 121 East Main Street, Linden, TN 37096, pursuant to the Deed of Trust executed by W. C. Hamm, Jr. and wife, Sherri Hamm, to Tony Turnbow, as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Netbank dated January 13, 2005, and recorded in Book 86, Page 631, in the Register’s Office for Perry County, Tennessee (“Deed of Trust”), conducted by Padgett Law Group, having been appointed Substitute Trustee, all of record in the Perry County Register’s Office. Default in the performance of the covenants, terms, and conditions of said Deed of Trust has been made; and the entire indebtedness has been declared due and payable.
Party entitled to enforce the debt: Ditech Financial LLC
Other interested parties: AmeriCredit Financial Services dba GM, Tennessee Farmers Cooperative dba Co-Op Financial Solutions
The hereinafter described real property located in Perry County will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Legal Description: Situated in the Third (3rd) Civil District of Perry County, Tennessee, and more particularly described as follows: Tract No. One: Beginning at a stake, S. B. line of a 50 acre tract in the name of William Sims, running East 44 poles and two-fifths chains to a stake; thence South 27°, East 6 poles and two fifths chains to a sweet gum; thence East 2 poles to a stake; thence South 38°, East 4 poles and two-fifths chains to a stake; thence East 40 poles to an elm; thence South 57 ° East 41 poles to a birch in the sycamore island; thence North with the meanderings of the Buffalo River, 53 poles to a stake in the Barnes S. B. line; thence West 148 poles to a stake in said line; thence South 2° West 40 poles to the beginning. Tract No. Two: Lying and being in said county and state bounded as follows, to-wit: Beginning on a Black gum, the N.W. corner of a 206 acre entry in the name of William Sims, running East 206 poles to a stake in the W. B. line of a 640 acre entry, in the name of John Tate; thence South 40 poles to a stake in said line; thence West 206 poles to a chestnut corner, with Black Oak and Chestnut Oak pointers; thence North 40 poles to the beginning. Tract Number Three: Situated as aforesaid, beginning on a beech the N.W. corner of a 50 acre tract in the name of William Sims; thence South with the meanderings of the branch 150 poles cornering on a small Elm with Black Walnut and Ash pointers; thence North 83° East 38 poles to an Elm on the W. bank of the branch; thence South 35° East 44 poles to a Sycamore corner on the bank of Buffalo River with Cedar and Sycamore pointers; thence with the meanderings of the river, downward 140 poles to the mouth of a slough cornering on a Sycamore the S.E side of L. T. McDonald`s tract; thence South 50 West 59 poles (running with the meanderings of the said slough) a conditional line, between L. T. McDonald and the heirs of A. J. McDonald to an Ironwood corner, thence North 33°, West 6 poles and two-fifths chains to a sweetgum; thence South 60° West 77 poles to an elm on the East Bank of the branch; thence North 83° West 88 poles with the meanderings of the said branch to a stake, H. J. Riley`s SB line; thence West 4 poles with the same to a stake; thence North with H. J. Riley`s line 40 poles to a stake; thence West with William Sims` line 72 poles to the beginning. Tract Number Four: Situated as aforesaid, beginning on a sourwood with chestnut oak pointers, running North 42 poles to a chestnut with poplar pointers, to the S.W. corner of L. T. McDonald`s line; thence East 206 poles to a stake in a 640 acre tract in the name of John Tate; thence South 40 poles with the same to a beech; thence West 206 poles to the beginning. Tract Number Five: Beginning on an elm in the old line of J. I. Hamm and R. H. Hamm, thence South 13 poles to a sycamore and box elder pointer which were formerly the N. Bank of the river, thence down the river South 65° East 40 poles to a sycamore and elm called for in the J. E. J. Riley and wife deed, also the beginning corner of a five acre Bridges tract; thence down the river with the meanders of the same 70 poles to a sycamore, the Southwest corner of the heirs of A. J. McDonald; thence North 38 degrees East with the same 37-3/5 poles to a rock; thence South 60° West 63 poles to a willow on the bank of slough; thence North 88° West up the slough 12 poles to a sycamore; thence South 85° West 4 Poles to a stake on the East Side of Spring branch; thence South 74° West 9 poles to an elm, the beginning corner of same. Included in the above described tracts but expressly excluded from the lands owned by the said J.I. Hamm at the time of his death is a 45 acre tract of land, more or less, conveyed by the said J.I. Hamm, et ux, to M. H. Thomason by deed dated April 22, 1930, and of record in Deed Book N-14, Page 103, Register`s Office of Perry County, Tennessee, to which reference is here made, said lands being more particularly bounded and described as follows: “Situated in the 3rd Civil District of Perry County, Tennessee, and beginning at a stake in the Barns` line near a box elder, a line tree and a pointer (a corner), runs South 20 yards to a gulley; thence with the meanderings of said gulley in a South East direction 260 yards to what was formerly W. J. Bunch`s South Boundary line; thence East 20 poles to a stake; thence South 27° East 6-2/5 poles to a sweet gum tree near a spring; thence East 2 poles to a stake; thence South 38°, East 4-2/5 poles to a stake; thence East 91 poles to the East Bank of Buffalo River passing W. N. Armstrong`s N.E. corner at 81 poles in all 91 poles to the bank of Buffalo River; thence down said river 53 poles with its meanderings to a stake in Barns` South Boundary line; thence West with said line 143 poles to the beginning, containing 45 acres, more or less.” It is expressly agreed and understood that this conveyance is made subject to an easement over, under and across said lands in favor of the Tennessee Gas Transmission Company for the construction and maintenance of a natural gas line. Said easement appears of record in TGT Book 1 at Page 388, in the Register`s Office of Perry County, Tennessee, to which reference is hereby made for the exact terms and conditions of said easement. Tract Number Six: Beginning on a beech on the bank of a branch, the Northwest corner of a 50 acre tract in the name of William Simmons, and running thence South, passing the Southeast corner of the said 50 acre tract at 40 poles, and with the West boundary line of a 640 acre tract in the name of John Tate, in all 151 poles to a stake in a slough with black walnut pointer where formerly was a hickory, the Southwest corner of the John Tate 640 acre tract; thence down the slough, the slough being described in the deed as being the line between McDonald and Bridges; thence 70° East 22 poles to a willow pointer in the forks of the slough, the corner of what is known as the Bridges 5 acre tract; thence South 11 poles to an elm on the bank of the slough, said elm being in the old line of the said J.I. & R.H. Hamm; thence North 74° East 9 poles to a stake on the East side of a spring branch; thence North 85° East 4 poles to a sycamore; thence South 88 degrees East down the slough 12 poles to a willow on the bank of the slough; thence North 60° East 63 poles to a rock in the said old line of said R.H. & J.I. Hamm; thence 38° East with the same 6-2/5 poles to an elm; thence 38° East with the same 6-2/5 poles to an elm; thence North 88° West with the same___ poles to an elm with black walnut and ash pointers; thence North with the meanders of the branch 150 poles to the beginning. There is included in Tract No. Six described above but expressly excluded from this conveyance a certain tract or parcel of land heretofore sold and conveyed by Robert Hamm, who is one and same person R.H. Hamm, to Ezra Hamm and wife, Sue Hamm, by deed dated May 2, 1963, of record in the Register`s Office of Perry County, Tennessee, in Deed Book B-3, page 472, fully bounded and described as follows, to-wit: “Beginning at a beech tree; corner of Robert Hamm and Celia Moore line and runs South along boundary line of Robert Hamm and Celia Moore 500 feet to a gate corner – elm pointer; thence 45° North, Northeast 243 that to a stake in point of road; thence 11° North, Northwest 326 feet to a post oak; thence West 16° North 106 feet to the beginning, containing two (2) acres, more or less.” Tract Number Seven: Beginning at a stake, the Southwest corner of a 50 acre tract in the name of William Lewis and runs thence West 206 poles to a small white oak; thence North 50 poles to a sour wood and chestnut oak pointers, the Southwest corner of the heirs of A.J. McDonald; thence East with the same 206 poles to a beech; the Southeast corner of the heirs of the said A.J. McDonald, thence South 40 poles to the beginning containing ___ acres. Being the same property conveyed to W.C. Hamm Jr., and wife, Sherri Hamm, by Warranty Deed and recorded on October 20, 2000, as Book P19, Page 1037, Register`s Office for Perry County, Tennessee. INCLUDED IN THE HEREINABOVE DESCRIBED PROPERTY, BUT SPECIFICALLY EXCLUDED THEREFROM is the following described tract of land conveyed to the State of Tennessee, in Deed Book D25, page 894, Register`s Office for Perry County, Tennessee. Beginning at the point of intersection of the existing northeast margin of State Route 13 and the northwest boundary of the Estate of Elvis Riley, Willie Clay Riley and James Elvis Riley, as Executors property, said point of intersection being 27.61 feet right of State Route 13 proposed centerline station 39 + 39.60; thence with said existing margin (1)N 52° 14` 02″ W 739.61` (2)N 34° 32` 18″ W 221.55` to a point, said point being 94.60 feet right of State Route 13 proposed centerline station 48 + 90.92; thence with the south boundary of the Dorothy Jean Thomason property north 89 degrees 59 minutes 33 seconds east 131.08 feet to a point, said point being 175.14 feet right of State Route 13 proposed centerline station 47 + 86.69; thence with the proposed northeast margin of said road (1)south 38 degrees 03 minutes 20 seconds east 192.05 feet. (2)south 29 degrees 25 minutes 26 seconds east 108.48 feet, (3)south 52 degrees 12 minutes 40 seconds east 560.47 feet to a point, said point being 85.80.feet right of State Route 13 proposed centerline station 39 +39.53; thence with said northwest boundary south 37 degrees 50 minute8 37 seconds west 58.20 feet to the point of beginning, containing 1.557 acres and being part of the same property conveyed by Inez M. Hamm to W.C. Hamm, Jr. and Wife, Sherri Hamm, tenants by the entirety, as of record in Book P-19, Page 1037, Register`s Office of Perry County, Tennessee.
Street Address: The street address of the property is believed to be 245 4-H Lane, Linden, TN 37096, but such address is not part of the legal description of the property. In the event of any discrepancy, the legal description herein shall control.
Map/Parcel Number: 124 00701 000124 and 124 00700 000124
Current owner(s) of Record: W.C. Hamm, Jr. and wife, Sherri Hamm
This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes and assessments; any restrictive covenants, easements or setback lines that may be applicable; rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any government agency, state or federal; and any and all prior deeds of trust, liens, dues, assessments, encumbrances, defects, adverse claims and other matters that may take priority over the Deed of Trust upon which this foreclosure sale is conducted or are not extinguished by this Foreclosure Sale.
THE PROPERTY IS SOLD WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO TITLE, MARKETABILITY OF TITLE, POSSESSION, QUIET ENJOYMENT OR THE LIKE AND FITNESS FOR A GENERAL OR PARTICULAR USE OR PURPOSE. The title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
The right is reserved to adjourn the sale to another time certain or to another day, time, and place certain, without further publication upon announcement on the day, time, and place of sale set forth above or any subsequent adjourned day, time, and place of sale.
If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified check made payable to or endorsed to Padgett Law Group. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Padgett Law Group, Substitute Trustee
6267 Old Water Oak Road, Suite 203
Tallahassee, FL 32312
(850) 422-2520 (telephone)
(850) 422-2567 (facsimile)