FORECLOSURE AUCTION: Mobile Home and Lot

PROPERTY IS OFFERED UNDER THE SPECIFIC TERMS PROVIDED IN THE PURCHASE CONTRACT. PLEASE READ AND REVIEW THE CONTRACT THOROUGHLY PRIOR TO BIDDING ON ANY PROPERTY. IF YOU HAVE NOT READ AND REVIEWED THE CONTRACT FOR SALE OF REAL ESTATE AND ALL TERMS, DO NOT BID. <br>
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A. FORECLOSURE NOTICE:<br>
NOTICE OF SUCESSOR TRUSTEE'S SALE<br>
Default having been made in the payment of an indebtedness described in and secured by that certain Deed of Trust executed by JERRY R. ESTES and wife, SHEILA Y. ESTES, to Hugh M. Queener, Trustee, recorded in Record Book 667, page 1003, of the Register's Office of Rutherford County, Tennessee, embracing real estate hereinafter described, and Pinnacle National Bank, the holder of said indebtedness having declared the entire unpaid balance immediately due and payable, and said Note not having been paid, and the undersigned, George H. White of Rutherford County, Tennessee, having been appointed as Successor Trustee by an instrument duly recorded in the Register's Office of Rutherford County, Tennessee, and said holder having directed him so to do.<br>
NOTICE IS HEREBY GIVEN, that he will on WEDNESDAY, JULY 15, 2015, at or about the hour of 10:00 A.M., at the east door of the Courthouse (Public Square) in Murfreesboro, Tennessee, SELL to the highest and best bidder for cash and free from all right of homestead exemption in and equitable and statutory redemption of the following described parcel of real estate situated in Rutherford County, Tennessee, to-wit:<br>
Map/Parcel: 014I-A-01400<br>
Address: 601 Sycamore Lane, LaVergne, Tennessee 37086<br>
Reference is hereby made to Warranty Deed of record in Deed Book 323, page 524, of the Register's Office for Rutherford County, Tennessee, for more complete details of location and description of said property.<br>
Said sale will be made for the purpose of satisfying said indebtedness, and the undersigned Successor Trustee will deliver to the Purchaser a Successor Trustee's Deed conveying said property without any covenant or warranty expressed or implied but subject to all unpaid taxes and any liens which take priority as a matter of law.<br>
The Successor Trustee at his sole discretion may at the time and place appointed for this sale in order to accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances by oral announcement elect to adjourn the sale during regular business hours on the same day or on a different day, but at the same place, so long as no potential purchaser is thereby precluded from placing a bid.<br>
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Successor Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Successor Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust.<br>
This sale shall commence on Wednesday, July 15, 2015, at 10:00 a.m., at the east door of the Courthouse (Public Square) in Murfreesboro, Tennessee. This sale shall proceed first by public outcry at the Courthouse for a period of thirty minutes. Bidding shall then continue online at the following online auction site: www.comasmontgomery.com. Bidders may register and place presale bids in advance of the public outcry, and the opening bid at public outcry will be the highest presale bid, if any, entered online. The highest bid at public outcry will then be entered online, and online bidding will continue until twelve o’clock noon (12:00 p.m.) Central Standard Time, on the day of the sale. Additional terms regarding online bidding and bid acceptance are more fully described at the online auction site listed above.<br>
All announcements at the sale on the date of the sale will take priority over this notice. Additional announcements, terms and conditions may also be posted on the online auction site. THE ONLY GUARANTEE THAT YOU HAVE A CHANCE TO BID IS TO ATTEND THE PUBLIC OUTCRY OF THE FORECLOSURE SALE. BY ENTERING BIDS ONLINE, A BIDDER WILL AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH ON THE AUCTION SITE. THE AUCTION SITE IS OWNED AND OPERATED BY COMAS MONTGOMERY REALTY & AUCTION CO., INC., FL1478.<br>
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INTERESTED PARTIES: Estate of Jerry R. Estes<br>
Sheila Estes<br>
American General Finance<br>
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George H. White, Successor Trustee<br>
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White & Polk, P.C.<br>
107 West College Street<br>
Murfreesboro, TN 37130<br>
(615) 893-6592<br>
Publish: June 22, June 29, and July 6, 2015<br>
The Murfreesboro Post<br>
Date of Sale: July 15, 2015 at 10:00 A.M.<br>
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1. AUCTION END TIMES: Comas Montgomery Realty & Auction Co., Inc. Online Auctions are timed events and all bidding will close at specified time. Comas Montgomery Realty & Auction Co., Inc. Online Auctions also have an auto extend feature. Any bid placed in the final 5 minutes of an auction, the auction ending will be automatically extended 5 minutes from the time the bid was placed. Example: if an auction scheduled to close at 4:00 receives a bid at 3:59, the close time will automatically extend 4:04.The auto extend feature remains active until no further bids are received within a 5 minute time frame. <br>
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2. ALL LOTS EXTEND IF ANY LOT IS EXTENDED. The bid amount entered and shown will be the bid placed on this software platform. This bidding software does not bid for you as an absentee bid.<br>
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3. SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Comas Montgomery Realty & Auction Co., Inc. reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor COMAS MONTGOMERY REALTY & AUCTION CO., INC. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Notifications may be sent to registered bidders with updated information as deemed necessary by Comas Montgomery Realty & Auction Co., Inc.<br>
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4. TERMS: 10% OF THE FINAL BID PRICE REQUIRED as non-refundable deposit in the form of a certified check, cash or wire transfer within 24 hour of the close of auction, with the balance of purchase price due in 15 days. Purchaser shall be responsible for all wire transfer fees. Closing will be as specified in the Contract for Sale of Real Estate. This online only auction is a CASH SALE not contingent on or subject to financing, appraisal, survey or inspections of any kind, as agreed to by Bidder and or Buyers at registration prior to bidding and specified in the Contract for Sale of Real Estate under “files” sections of the webpage. <br>
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5. CONTRACT FOR SALE OF REAL ESTATE: The contract is required to be fully and correctly completed, WITHOUT any modifications and properly signed within 24 hours of the close of auction.<br>
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6. BUYER’S PREMIUM: There will be a buyer’s premium of 10% added to the bid price to arrive at final purchase price. Example: Bid Price $100,000 plus $10,000 (10% buyer’s fee) equals purchase price of $110,000. <br>
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7. AUCTION BIDDER DEFAULT: Successful bidder not executing and returning the contract with earnest money deposit within 24 hours of the conclusion of the auction will be considered in default. Default remedies are reserved by Comas Montgomery Realty & Auction Co., Inc. and the Seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate. The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Successor Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Successor Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The contract is required to be fully and correctly completed, without any modifications and properly signed. A contract that is incomplete, incorrect, or modified in any respect, is considered to be in default. <br>
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8. ACCEPTANCE OF BID PRICES: Successful bidder(s) will be required to enter into a purchase agreement immediately following the close of the auction. Comas Montgomery Realty & Auction Co., Inc. will e-mail documents to be executed and fax or e-mail back to WYATT, TARRANT & COMBS, LLP within 24 hours of the end of the auction. Successful bidders not executing and returning contracts with earnest money deposit within 24 hours will be considered in default. Any and all inspections that a buyer may want must be done at buyer’s expense prior to the close of the online bidding. <br>
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9. TITLE: As specified in the Contract for Sale of Real Estate <br>
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10. DEED: As specified in the Contract for Sale of Real Estate<br>
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11. REAL ESTATE TAXES AND CLOSING COST: Buyer is responsible for taxes. The purchaser will pay all other closing costs associated with the purchaser’s side of the sale, including local and state recording fees and any cost associated with the purchaser’s loan.<br>
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12. EASEMENTS: Subject to any and all easements of record. <br>
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13. ZONING: This property is subject to all state and local zoning ordinances.<br>
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14. ACREAGE: Parcel dimensions and acreages are based on legal descriptions. <br>
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15. AERIAL PHOTOS: Aerial photos are for illustration purposes only and not surveyed boundary lines. <br>
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16. BIDDER VERIFICATION: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Comas Montgomery Realty & Auction Co., Inc. will reject the registration, and bidding activity will be terminated. The Seller and Comas Montgomery Realty & Auction Co., Inc. reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges.<br>
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17. AGENCY: Comas Montgomery Realty & Auction Co., Inc., Agents and Representatives are agents of the Seller. Buyer and or Bidder agrees to hold harmless and indemnify Comas Montgomery Realty & Auction Co., Inc. and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.<br>
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18. NEW DATA, CORRECTIONS, AND CHANGES: Please check for updated information prior to scheduled auction time to inspect any changes, corrections, or additions to the property information. <br>
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19. DISCLAIMER & ABSENCE OF WARRANTIES: All information contained in this information packet and all related materials are subject to the terms and conditions outlined in the Contract for Sale of Real Estate agreement. The property is being sold on an “AS IS, WHERE IS” basis, and no warranty or representation either expressed or implied, concerning the property is made by the Seller or Comas Montgomery Realty & Auction Co., Inc., Agents or Representatives. All sketches and dimensions in the brochure are approximate. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. The information contained in the brochure and on the website is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller, Comas Montgomery Realty & Auction Co., Inc., Agents or Representatives. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. All decisions of Comas Montgomery Realty & Auction Co., Inc. are final. Any dispute between Comas Montgomery Realty & Auction Co., Inc., its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Rutherford County, Tennessee. By bidding on the property, buyer agrees to all terms and conditions set forth. <br>
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20. Hold Harmless: Buyer and or Bidder agrees to hold harmless and indemnify Comas Montgomery Realty & Auction Co., Inc. and its Agents, Owners, Directors, Employees and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc. <br>
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21. BENEFICIARY RESERVES THE RIGHT TO BID.