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Legals 9-3-24

Posted
NOTICE OF FORECLOSURE SALE
STATE OF TENNESSEE, OVERTON COUNTY
WHEREAS, Christopher P. Emery and Lisa R. Emery executed a Deed of Trust to Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for Mortgage Investors Group, Lender and Charles E. Tonkin, II, Trustee(s), which was dated July 29, 2022, and recorded on August 3, 2022, in Book 276, at Page 779, subsequently modified by a Loan Modification Agreement recorded August 23, 2023 in Book 296, Page 857 in the amount of One Hundred Forty-Seven Thousand Nine Hundred Seventy-Five and 74/100 ($147,975.74) in Overton County, Tennessee Register of Deeds.
WHEREAS, default having been made in the payment of the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the current holder of said Deed of Trust, Tennessee Housing Development Agency, (the “Holder”), appointed the undersigned, Brock & Scott, PLLC, as Substitute Trustee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and that as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on October 3, 2024, at 10:00 AM at the usual and customary location at the Overton County Courthouse, Livingston, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Overton County, Tennessee, to wit:
The following described real estate:
Located in the Sixth Civil District of Overton County, Tennessee, described as:
BEING Lots No. 52 and 53 of the Meadowbrook Subdivision, as recorded in Plat Book 1, Page 35 (now Plat Cabinet A, Folder A66), Register's Office, Overton County, Tennessee, and being a portion of the premises described of record in Book 142, Page 38, Register's Office, Overton County, Tennessee. Said lots are subject to the restrictive covenants running with the land as follows:
1. Said property be used solely for residential purposes with the exception of Lots No. 1, 2 and 3;
2. No house or residence shall be constructed thereon having less than 1,000 feet of heated floor space;
3. There shall be no new or used residential property used on this property unless 75% brick or stone;
4. There shall be no junkyards operated or maintained on the premises;
5. The exterior of any home erected on the premises shall not remain unfinished for a period longer than 12 months from the time construction began.
6. The above restrictions shall not be construed to limit the u se of said lot or lots in the placing of mobile homes for residential purposes thereon.
Subject to any applicable governmental zoning ordinances or subdivision regulations in effect thereon.
Subject to restrictive covenants as set out in vesting deed and on recorded plat, said Register's Office.
This property has not been surveyed for this conveyance, and the description herein is being provided by the parties herein. Preparer of this instrument accepts no responsibility and/or liability for the accuracy of acreage, boundaries, or other such matters that would be disclosed by an accurate survey.
The previous and last conveyance being or record in Book 276, Page776, Register's Office of Overton County, Tennessee.
Parcel ID Number:080D B 020.00 & 080D B 021.00
Address/Description:628 MEASDOWBROOK CIR, Livingston, TN 38570
Current Owner(s):Christopher P. Emery and Lisa R. Emery
Other Interested Party(ies):Secretary of Housing and Urban Development
Mortgage Investors Group
The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; a deed of trust; and any matter than an accurate survey of the premises might disclose; and
All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and 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 day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.
This office is attempting to collect a debt.  Any information obtained will be used for that purpose.
Brock & Scott, PLLC, Substitute Trustee
c/o Tennessee Foreclosure Department 
4360 Chamblee Dunwoody Road Suite 310 
Atlanta, GA 30341
PH: 404-789-2661 FX: 404-294-0919
File No.: 24-21368 FC01
9-3, 9-10, 9-17 3TC