Public Notices

Legal 05-3670 SUBSTITUTE TRUSTEE’S NOTICE OF SALE WHEREAS, by Deed of Trust executed by BART A. LUMMUS, a single person, he did convey unto Sherrell Armstrong, Trustee, his interest in the property described therein to secure the payment of a Promissory Note in the original principal amount of $22,886.36, and all renewals, extensions or modifications thereof, and payable to FIRST CITIZENS NATIONAL BANK, said obligation being payable as set forth in the deed of trust aforesaid, which was recorded in the Register’s Office for Dyer County, Tennessee, in Record Book 791 page 10-18 in the Register’s Office for Dyer County, Tennessee, reference to which instrument is here made; and, WHEREAS, RALPH HENSON, whose address is 200 W. Court Street, Dyersburg, Tennessee 38024, was appointed as Substitute Trustee in compliance with and according to the terms of said Deed of Trust and in compliance with T.C.A. 35-5-114, said Substitution being recorded prior to the first date of publication in the Register’s Office for Dyer County, Tennessee on the 4th day of May, 2018 in Record Book 899 Page 455-456, and, WHEREAS, FIRST CITIZENS NATIONAL BANK, is now the owner and holder of the note aforesaid, secured by the deed of trust aforesaid; and, WHEREAS, a sixty (60) day Notice of the Right to Foreclose, pursuant to T.C.A. §35-5-117, was not required to be given prior to the first publication in accordance with Tennessee law; and WHEREAS, the Substitute Trustee caused a diligent search of the Defense Manpower Data Center (DMDC) website for each known Borrower in compliance with the Service Members Civil Relief Act, and as such the foreclosure of this property is not subject to the provisions of 50 U. S. C. §501, et seq.; and, WHEREAS, default has been made in the payment of said abovementioned indebtedness and FIRST CITIZENS NATIONAL BANK, the holder of said note has declared the entire amount due and payable as provided for in said Note and Deed of Trust, and the undersigned, RALPH HENSON, Substitute Trustee, in accordance with the terms and conditions of said note and Deed of Trust will sell the hereinafter described real estate at public outcry for cash to the highest and best bidder at the North door of the Courthouse in Dyer County, Tennessee on the 8th day of June, 2018 at 10:00 A.M., to-wit: Situated, lying and being in the Twelfth (12th) Civil District of Dyer County, Tennessee, and being lots numbered 54 and 55 in the FOWLKES ADDITION to the Town of Fowlkes, Tennessee, as shown by plat recorded in Book X, Page 248, of the records of Dyer County, Tennessee, and more particularly described as: BEGINNING at the northwest intersectional corner of Fowlkes Street and Holly Springs Road; runs thence South 89 degrees 8 minutes West with the north margin of Fowlkes Street 211.83 feet to a corner post same being in the West line of Magazine Street (not open); thence North 00 degrees 19 minutes West with the west margin of Magazine Street 212.11 feet to the south line of Plum Street (not open); thence North 88 degrees 23 minutes East with the south margin of Plum Street 203.89 feet to a stake in the West line of Holly Springs Road; thence South 2 degrees 27 minutes East with the west margin of Holly Springs Road 214.83 feet to the point of beginning, according to a November 24, 1992, survey by McClure Associates in the name of F.E. Thornton. Being further identified as Map 138B Group D, Parcel 13.00, in the records of the Tax Assessors Office for Dyer County, Tennessee. This being the same property conveyed to Bart A. Lummus by deed of record in Book 664, page 587 in the Register's Office for Dyer County, Tennessee. (Common Property Address: 581 Peach Road, Dyersburg, TN 38024)Said property will be sold free from all equities of redemption, and repurchase and dower and the statutory right of redemption, all of which were specifically waived, but subject to any and all restrictions of record, all unpaid taxes that may be a lien against the property, and subject to any and all other rights or liens having priority over the Trust Deed in accordance with the laws of the United States of America, including but not limited to liens having priority under the United States Bankruptcy code, and the Laws of the State of Tennessee. OTHER INTERESTED PARTIES: Bart Lummus died December 11, 2017. Other interested parties would include any heirs at law of Bart Lummus. THE SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO CONTINUE OR ADJOURN SAID SALE FROM TIME TO TIME, WITHOUT FURTHER PUBLICATION, BY PUBLIC ANNOUNCEMENT AT THE TIME OF SAID SALE. The Substitute Trustee makes no warranties of title as to this property and will sell and convey as Substitute Trustee only. RALPH HENSON, SUBSTITUTE TRUSTEE Mark D. Johnston, Attorney P.O. Box 1326Dyersburg, TN 38025-1326 (731) 285-7726 Sale Date: June 8, 2018 @ 10:00 a.m. Publication Dates: May 15, 2018 May 22, 2018 May 29, 2018