Notes

Foreclosure Notice
Borrower: Patricia D Stutts
Address: 8739 Cedar Mills Cir
Cordova, TN 38016-6179
Original Trustee: Jeanine B. Saylor
Attorney: Baker, Donelson, Bearman, Caldwell & Berkowitz
Instrument No.: 06076744
Substitute Trustee: E. Franklin Childress, Jr.
Advertised Auction Date: 6/30/2014
Date of First Public Notice: 6/6/2014
Trust Date: 5/10/2006
TDN No.: Fjd31772
NOTICE OF SUBSTITUTE TRUSTEE'S SALE

WHEREAS, by Deed of Trust dated May 10, 2006 (the "Deed of Trust"), of record as Instrument Number 06076744 in the Office of the Register of Deeds of Shelby County, Tennessee (the "Register''s Office"), Patricia D. Stutts, a married woman, joined by her husband, Gary Stutts, did convey in trust to Jeanine B. Saylor, as Trustee, a certain tract of land to secure payment of a debt in the original principal sum of $156,800.00 payable to 1st Trust Bank for Savings. Said Deed of Trust is incorporated herein by reference;
WHEREAS, Magna Bank, f/k/a 1st Trust Bank for Savings ("Lender") is the owner and holder of the debt aforesaid which is secured by the Deed of Trust (the "Debt");
WHEREAS, by instrument recorded on May 23, 2014, as Instrument Number 14053255 in said Register''s Office, Lender, exercising its authority as such owner and holder of said Deed of Trust, appointed E. Franklin Childress, Jr., as Substitute Trustee (hereinafter, the "Substitute Trustee"), who is empowered to serve with all the title, powers, and duties of the original Trustee named in said Deed of Trust described above; and
WHEREAS, default has been made in the payment of Debt and obligations secured by said Deed of Trust, and the owner and holder of the obligations secured thereby has declared the entire balance due and payable and has instructed the undersigned Substitute Trustee to foreclose said Deed of Trust in accordance with its terms and provisions;
NOW, THEREFORE, by the authority vested in me as Substitute Trustee under said instrument, I will on Monday, June 30, 2014, at 12:00 noon, at the southwest corner of the Shelby County Courthouse, Memphis, Tennessee, Adams Avenue entrance thereof, offer for sale and sell at public auction to the highest and best bidder for cash in bar of all rights and equities of redemption, statutory and otherwise, homestead, dower and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, the property therein conveyed which is situated in the State of Tennessee, Shelby County, and is described as follows:
Lot 26, Second Addition, Riverwood Farms Subdivision, as shown on plat of record in Plat Book 124, Page 75, in the Register''s Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property.
Being the same property conveyed to Patricia D. Stutts, a married woman, by Warranty Deed of record as Instrument Number 06076743 in said Register''s Office.
Said property is commonly known as 8739 Cedar Mills Circle, Cordova, Tennessee 38016, and is also designated as parcel number D02-08A-C00026, but such address or designation is not a part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
Said sale shall be made for cash in bar of all right and equity of redemption, homestead, dower, and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, but subject to the following:
Any unpaid taxes against the property; and
Any recorded easements, conditions, covenants, rights-of-way or subdivision plats affecting the property; and
Any dedication of roads affecting the property and any governmental zoning and subdivision ordinances or regulations in effect; and
Any prior or superior liens, judgment, deeds of trust or other interests of record;
Mortgagee has complied with the notice provisions of 26 U.S.C. § 7425(c) and Reg. §§ 301.7425-1 and, T.C.A. § 67-1-1433(b)(2) to the extent applicable;
Other Interested Parties: Regions Bank (Instrument Number 07077737).
Lender reserves the right to retain any escrows, reserves, security deposits, or other funds or rights to payment of funds and to apply the same in accordance with the terms and provisions of the Deed of Trust and related documents.
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.
The failure of any high bidder to pay the purchase price and close this sale shall, at the option of Lender, be cause for rejection of the bid, and if the bid is rejected, Lender shall have the option of making the sale to the next highest bidder who is able, capable, and willing 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 and are made a part hereof as if set forth verbatim herein.
This Notice of Sale has been posted and published in accordance with T.C.A. § 35-5-101 et seq. and any provisions of the Deed of Trust affecting same beginning June 6, 2014.
E. Franklin Childress, Jr., Substitute Trustee
BAKER, DONELSON, BEARMAN, CALDWELL
& BERKOWITZ, P.C.