- Cooley
-
NOTICE OF FORECLOSURE SALE
WHEREAS, Chase Michael and Whitney Milligan (the “Grantors”) executed that certain Deed of Trust, dated effective November 30, 2023, in favor of Jami K. Averwater, Trustee (“Original Trustee”) for the benefit of Gregory Cooley (the “Lender”) of record in Book T1263, page 57, Register’s Office for Coffee County, Tennessee (the “Deed of Trust”), to secure certain indebtedness as therein described (the “Indebtedness), which Indebtedness is presently held and owned by Lender; and
WHEREAS, default has occurred under the Deed of Trust, and the Indebtedness has been declared due and payable, and the Indebtedness has not been paid; and
WHEREAS, Lender, the owner and holder of the Indebtedness, has demanded that the Property, as hereinafter defined, 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, pursuant to terms and conditions of the Deed of Trust, Lender has elected to remove the Original Trustee, as original trustee under the Deed of Trust, and has appointed C. Tucker Herndon, a resident of Williamson County, Tennessee, and Gregory G. Vick, a resident of Bedford County, Tennessee, as Substitute Trustees (the “Substitute Trustees”) in the place and stead of Original Trustee, by instrument of record in Book T1327, Page 650, Register’s Office for Coffee County, Tennessee, with authority for such Substitute Trustees to act alone or by a designated agent with the powers given the Trustee in the Deed of Trust and by applicable law.
NOW, THEREFORE, notice is hereby given that Substitute Trustee, or a designated agent for the Trustee, pursuant to the power, duty and authority vested in and conferred upon the Trustee by the Deed of Trust and applicable law, will on August 29, 2025 at 2:00 pm CST at the front door of the Coffee County Courthouse, 100 W Main Street, Manchester, Tennessee 37355, offer for sale to the highest bidder for cash, and free from all rights of redemption afforded by statute, equitable rights of redemption, exemption of homestead, and all other exemptions of every kind, all of which have been expressly waived and relinquished by Grantor in the Deed of Trust, the following real property located in Coffee County, Tennessee (the “Property”):
Legal Description:
The following described real estate situated in Coffee County, Tennessee, to-wit:
BEING LOT 4, Block Thirty (30), of Plat #9, Phase #2 of Lakewood Park, an addition of Coffee County, Tennessee, the plat of said land appearing of record in Plat Cabinet 210A, in the Register's Office of Coffee County, Tennessee, subject to easements, covenants, reservations and restrictions of record.
Lot 4 being the same property conveyed to Jessie Troy Doss and wife, Bessie M. Doss, by deed from Thomas E. Davis and wife, Dorothy M. Davis, of record in W. Deed Book 226, page 571, in the Register's Office of Coffee County, Tennessee. The said Bessie M. Doss is now deceased and Jessie Troy Doss became the owner in fee simple as the surviving tenant by the entirety. Jessie Troy Doss has remarried to Thelma Doss who joins in this conveyance to convey any marital interest she may have in said property.
Being the same property conveyed to Ken Montgomery, by Warranty Deed from Jessie Troy Doss and wife, Thelma Doss, dated August 13, 2004, and recorded April 21, 2004, of record in Book W300, Page 373, in the Register's Office of Coffee County, Tennessee.
AND
BEING LOT 3, Block Thirty (30), of Plat #9, Phase #2 of Lakewood Park an addition of Coffee County, Tennessee, the plat of said land appearing of record in Plat Cabinet 210A, in the Register's Office of Coffee County, Tennessee, subject to easements, covenants, reservations and restrictions of record.
Being the same property conveyed to Ken Montgomery by Quitclaim deed from Janice Jackson Meador, Ronnie Meador, Jennifer Jackson, and Page Jackson executed February 6, 2017, and recorded February 09, 2017, in Book W378, Page 395, of the Register's Office of Coffee County, Tennessee.
All together being the same properties conveyed to Whitney Milligan, an unmarried woman, and Chase Michael, an unmarried man, by Warranty Deed from Ken Montgomery, dated August 24, 2023, and recorded on August 24, 2023, of record in Book W434, Page 876, in the Register's Office of Coffee County, Tennessee.
Common Description: Map-Par. No.: 009M-D-003.00 & 009M-D-004.00
Address: 225 Poplar Drive, Beechgrove, TN 37018
Current Owner(s): Whitney Milligan, an unmarried woman and Chase Michael, an
unmarried man
THIS PROPERTY IS SOLD AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND SUBJECT TO ANY PRIOR LIENS OR ENCUMBRANCES, IF ANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROPERTY IS SOLD WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO TITLE, MARKETABILITY OF TITLE, POSSESSION, QUIET ENJOINMENT OR THE LIKE AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, QUALITY OR FITNESS FOR A GENERAL OR PARTICULAR USE OR PURPOSE.
Other interested parties: NONE
As to all or any part of the Property, the right is reserved to (i) delay, continue or adjourn the sale to another time certain or to another day and time certain, without further publication and in accordance with law, upon announcement of said delay, continuance or adjournment on the day and time and place of sale set forth above or any subsequent delayed, continued or adjourned day and time and place of sale; (ii) sell at the time fixed by this Notice or the date and time of the last delay, continuance or adjournment or to give new notice of sale; (iii) sell in such lots, parcels, segments, or separate estates as Substitute Trustee may choose; (iv) sell any part and delay, continue, adjourn, cancel, or postpone the sale of any part of the Property; (v) sell in whole and then sell in parts and consummate the sale in whichever manner produces the highest sale price; and/or (vi) to sell to the next highest bidder in the event any high bidder does not comply with the terms of the sale.
Neither Substitute Trustee nor Lender will make any covenant of seisin, marketability of title or warranty of title, express or implied, and will sell and convey the Property by Substitute Trustee’s Quitclaim Deeds from Substitute Trustee.
This sale is subject to all matters shown on any applicable recorded plat or plan; any unpaid taxes and assessments (plus penalties, interest, and costs) which exist as a lien against Property; any restrictive covenants, easements or setback lines that may be applicable; any rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any and all prior Deed of trust, liens, dues, assessments, encumbrances, defects, adverse claims and other matters that may take priority over the Deed of Trust upon which this foreclosure sale is conducted or are not extinguished by this foreclosure sale. This sale is also subject to any matter that an inspection and accurate survey of the property might disclose.
Lender has the right to bid at the sale, including making a credit bid. Lender shall have the right to become the purchaser at the sale, and Lender shall have the right to credit upon the amount of Lender's successful bid, to the extent necessary to satisfy such bid, all or any part of the secured indebtedness in such manner and order as Lender may elect.
THIS 31st day of July, 2025.
- Tucker Herndon, Designated Agent
of Substitute Trustee
BURR & FORMAN LLP
222 Second Avenue South, Suite 2000
Nashville, Tennessee 37201
615-724-3252
- 08/01/2025
- 08/29/2025
- 225 Poplar Drive
- Beechgrove
- 37018