LEGAL PUBLICATION NOTICE OF FORECLOSURE WHEREAS, ROBERT M. KNIGHT
LEGAL PUBLICATION NOTICE OF FORECLOSURE WHEREAS, ROBERT M. KNIGHT and wife, CHEREE KNIGHT (together, the Grantor), by that certain Deed of Trust dated February 11, 2008, recorded in Book 1813, Page 705, as amended by Modification of Deed of Trust, recorded in Book 1900, Page 798, (collectively, the Deed of Trust), in the Registers Office of Bradley County, Tennessee (the Registers Office), conveyed to Mickey Torbett Trustee, the Property (as hereinafter defined) to secure the payment of certain indebtedness described in the Deed of Trust (the Indebtedness), which Indebtedness is presently held and owned by United Community Bank (the Lender); and WHEREAS, default has occurred by Grantors failure to comply with the terms and conditions of the Deed of Trust, and the Indebtedness has been declared due and payable as provided in the Deed of Trust, and the Indebtedness has not been paid; and WHEREAS, Lender, the owner and holder of the Indebtedness, has demanded that the Property be advertised and sold in satisfaction of the Indebtedness and the costs of foreclosure, in accordance with the terms of the Deed of Trust; and WHEREAS, Madison L. Martin (the Successor Trustee) has been duly appointed as Successor Trustee in the place and stead of Mickey Torbett, Trustee, by appointment recorded in Book 2142, Page 686, Registers Office. NOW, THEREFORE, notice is hereby given that I, Madison L. Martin, Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, will on Thursday, March 7, 2013 at 2:15 p.m. prevailing Eastern time at Bradley County Courthouse, 355 Ocoee Street, Cleveland, TN 37311, in the manner further described herein, offer the Real Property for sale to the highest bidder for cash, free from equity of redemption, and any statutory or common law right of redemption, homestead, dower, marital share, and all other exemptions, all of which are expressly waived in the Deed of Trust. The term Real Property as used herein shall mean all of Grantors right, title and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); all other rights, royalties, and profits relating to such property, including without limitation all minerals, oil, gas, geothermal and similar matters; situated in Bradley County, Tennessee. The legal description of the Real Property can be found in Book 1613, Page 703, said Registers Office. The street address of the Real Property is believed to be 131 Bowman Avenue NW, Cleveland, TN 37311, but such address is not part of the legal description of the Property. The Map and Parcel No. of the Real Property is 4th CD Map 49L Group R Parcel 11.01. In the event of any discrepancy, the legal description herein shall control. In accordance with Tennessee Code Annotated Section 47-9-604, the sale of the Real Property will be combined with a sale of any and all personal property covered by or described in the Deed of Trust which under applicable law may be subject to a security interest pursuant to the Uniform Commercial Code as enacted in the State of Tennessee, including, without limitation, any and all proceeds hereof (collectively, the Personal Property). As used herein, the Property shall mean the Real Property and the Personal Property. A review of the records at the Registers Office 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 Notice of Foreclosure: 1. Any and all unpaid ad valorem taxes payable to City of Cleveland and Bradley County, Tennessee (plus penalty and interest, if any) that may be a lien against the Property. 2. Assignment of Rents of record in Book 1813, Page 714 and Book 1900, Page 792, said Registers Office. The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale. The sale will also be subject to any and all liens, defects, encumbrances, conveyances, adverse claims and other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, and any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency, and matters that take priority over the Deed of Trust which an accurate survey of the Property might disclose. The Property is to be sold AS IS WHERE IS, without representations or warranties of any kind whatsoever, whether express or implied. 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 will make no covenant of seisin or warranty of title, express or implied, and will sell and convey his interest in the Property by Successor Trustees Deed as Successor Trustee only. The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of sale set forth above, to sell the Property with or without division if the Property consists of more than one parcel, and to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale. This 11th day of February, 2013. /s/ Madison L. Martin Madison L. Martin., Successor Trustee STITES & HARBISON PLLC 401 Commerce Street, Suite 800 Nashville, TN 37219 February 13, 20, 27, 2013
