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WHEREAS, by Deed of Trust dated the 24th day of June, 2011, of record in Book GI 9442, Page 258, in the Register’s Office for Hamilton County, TN, ERNEST LEE SWEATT (the “Grantor”) conveyed to Amelia A. Shreve, Trustee, the hereinafter described real estate to secure the payment of Grantor’s Promissory Note described therein owing; and
WHEREAS, GORDON D. FOSTER was appointed Successor Trustee of said Deed of Trust by the Beneficiary, said Appointment being recorded in the aforesaid Register’s Office; and
WHEREAS, default has occurred and I have been directed to foreclose said Deed of Trust and sell said real estate.
NOW, THEREFORE, by virtue of the authority vested in me by said Deed of Trust, I will offer to sell and sale the following described property AT PUBLIC AUCTION on the 26th day of September, 2019, at 10:30 a.m. at the Hamilton County Courthouse in Chattanooga, TN, to the last, highest and best bidder FOR CASH (on such terms as announced at sale), SUBJECT, HOWEVER, TO ALL PRIOR ENCUMBRANCES OF RECORD, the following described real estate (the “Real Property”):
IN the Third Civil District, Hamilton County, Tennessee:
LOT No. Four (4), Revised Plat of Forest Glen Subdivision, as shown by plat of record in Plat Book 21, Page 9, Register’s Office, Hamilton County, Tennessee, and being more particularly described as:
BEGINNING at a point, said point being the southeastern intersection of Ely Road and Forest Glen Drive; thence in an eastern direction along the southern line of Forest Glen Drive, a distance of one hundred nine (109) feet, more or less to a point, said point being the northwest corner of Lot Five (5) of said subdivision; thence South Twenty-nine (29) degrees Forty-five (45) minutes West along the western line of Lots Five (5) and Six (6), a distance of one hundred twelve and three-tenths (112.3) feet to a point; thence North Sixty (60) degrees Fifteen (15) minutes West, one hundred twenty-five (125) feet to a point in the eastern line of Ely Road; said point also being the northwest corner of Lot Three (3) of said subdivision; thence in a northeastwardly direction along the southeastern line of Ely Road, a distance of one hundred thirty-two and one-tenth (132.1) feet to the POINT OF BEGINNING.
EXCEPTING therefrom any part of said lot used in rounding the intersection of Ely Road and Forest Glen Drive.
SUBJECT to sixteen (16) foot utility easement along the eastern line of said lot, the center line being the lot line, as shown by dotted lines on said plat.
BEING the same premises conveyed to Ernest Lee Sweatt and wife, Barbara J. Sweatt (deceased) from Charles R. Dupree and wife, Mary Katherine Dupree by Warranty Deed dated 01/06/1972, and recorded on 01/25/1972, at Book 2009, Page 756, in Hamilton County, TN.
Tax Map No. 109O D 032
Said property bears the street address of 630 Ely Road, Hixson, TN 37343, but the street address is not part of the legal description of the foreclosing instrument. In the event of a discrepancy between the street address and the legal description, the legal description of the Deed of Trust shall control.
The Real Property and improvements thereon, if any, will be sold AS IS WHERE IS without warranties or representations of any kind. The aforesaid sale may be postponed to a later date by oral announcement at the time and place of the published sale or cancelled without further written notice or publication.
I reserve the right to take or accept the next highest or best bid at such sale should the last and highest bidder fail or refuse to comply with the terms of sale for any reason. In such event, I shall also reserve the right to reopen the bidding or republish and sell said Real Property at my option. The Beneficiary may become the purchaser at the sale.
The Successor Trustee reserves the right to conduct the sale by or through his agents or attorneys acting in his place or stead, including the use of an auctioneer.
1. Amber D. Bitton and husband, Christopher D. Bitton (owners); and
2. Heirs and Claimants of Ernest Lee Sweatt, deceased.
Witness my hand this 29th day of July, 2019.
/s/ Gordon D. Foster
Gordon D. Foster, Successor Trustee
Winchester, Sellers,
Foster & Steele, P.C.
Suite 1000, First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
WSFS File No. 1202.1808
PUBLISH DATES: August 7, 14 and 21, 2019