Crestmount Dr - ABSOLUTE FORECLOSURE - 5700SqFt. 7 BR 8.5 BA

Terms<br>
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, DO NOT BID. <br>
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AUCTION END TIMES: Comas Montgomery Realty &amp; Auction Co., Inc. Online Auctions are timed events and all bidding will close at specified time. Comas Montgomery Realty &amp; 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 6:00 receives a bid at 5:59, the close time will automatically extend 6:04.The auto extend feature remains active until no further bids are received within a 5 minute time frame. <br>
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SERVER &amp; 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 &amp; 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 &amp; AUCTION CO., INC. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Comas Montgomery Realty &amp; Auction Co., Inc.<br>
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TERMS: 10% non refundable earnest money in the form of a certified check, cash or wire transfer within 24 hours of the close of auction, with the balance of purchase price due at closing. 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 bidders at registration prior to bidding and specified in the attached Contract for Sale of Real Estate.<br>
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Closing is on or before May 19, 2011. No extensions, be ready to close.<br>
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BUYER’S PREMIUM: There will be a buyer’s premium of 5% added to the bid price to arrive at final purchase price. Example: Bid Price $100,000 plus $5,000 (5% buyer’s Fee) equals purchase price of $105,000. <br>
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AUCTION BIDDER DEFAULT: Successful bidder not executing and returning the contract with earnest money deposit within 48 hours of the conclusion of the auction will be considered in default. In the event a winning bidder fails to submit the signed Contract for Sale of Real Estate and earnest money deposit, the winning bidder may be charged a penalty fee of $1,000.00 on the credit card provided at auction registration. Additional default remedies are reserved by Comas Montgomery Realty &amp; Auction Co., Inc. and the Seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate. Comas Montgomery Realty &amp; Auction Co., Inc. reserves the right to sell to the second-highest bidder in the event the successful high bidder does not comply with the terms of the sale. 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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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 &amp; Auction Co., Inc. will e-mail documents to be executed and fax or e-mail back to Comas Montgomery Realty &amp; Auction Co., Inc. within 48 hours of the end of the auction. Successful bidders not executing and returning contracts with earnest money deposit within 48 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. Comas Montgomery Realty &amp; Auction Co., Inc., Agents, Representatives or Employees may bid.<br>
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Title: As specified in the Contract for Sale of Real Estate <br>
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Deed: As specified in the Contract for Sale of Real Estate. Trustee’s Deed<br>
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Possession: As specified in the Contract for Sale of Real Estate<br>
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Real Estate Taxes and Closing Cost: Buyer is responsible for 2011 taxes forward. 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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Easements: Subject to any and all easements of record. <br>
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Zoning: This property is subject to all state and local zoning ordinances.<br>
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Acreage &amp; Aerial Photos: Aerial photos are for illustration purposes only and not surveyed boundary lines. <br>
Disclaimer: All Information believed to be accurate but not guaranteed. Buyers should independently verify all information prior to submitting any offer to purchase.<br>
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Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Comas Montgomery Realty &amp; Auction Co., Inc. will reject the registration, and bidding activity will be terminated. The Seller and Comas Montgomery Realty &amp; 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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Agency: Comas Montgomery Realty &amp; Auction Co., Inc., Agents and Representatives are agents of the Seller. Buyer and or Bidder agrees to hold harmless and indemnify Comas Montgomery Realty &amp; 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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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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Disclaimer &amp; 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 &amp; 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 &amp; 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 &amp; Auction Co., Inc. are final. Any dispute between Comas Montgomery Realty &amp; 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. Any disputes will be tried in a court of jurisdiction in Rutherford County, Tennessee.<br>
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Beneficiary reserves the right to bid.<br>
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NOTICE OF SUCESSOR TRUSTEE'S SALE<br>
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Default having been made in the payment of an indebtedness described in and secured by that certain Deed of Trust executed by DAVID E. GREGORY, JR. and wife, SHERRY W. GREGORY to Dalton Mounger, Trustee, recorded in Record Book 757, page 2018, and as modified in Record Book 839, page 1069, both of record in the Register's Office of Rutherford County, Tennessee, payable to Cyril Evers, embracing real estate hereinafter described, and Cyril Evers, 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 filed for record in said Register's Office and said holder having directed him so to do.<br>
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NOTICE IS HEREBY GIVEN, that he will on TUESDAY, APRIL 19, 2011, at or about the hour of 10:00 A.M. at the east door of the courthouse (Public Square) in Murfreesboro, Rutherford County, Tennessee, SELL under the terms and conditions hereinafter set forth in this Notice 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 the 7th Civil District of Rutherford County, Tennessee, to-wit: <br>
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Bound on the north and east by Tract 4 of this survey; on the south by Tract 6 of this survey; and on the west by The Foothills, Section 4C (Plat Book 17, page 122) and The Foothills, Section 4 (Plat Book 14, page 13).<br>
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Beginning at a nail in the centerline of Crestmount Road at the dead end of the road, said nail being on the east of The Foothills, Section 4, said pin being the southwest corner of Tract 4 of this survey and the northwest corner of this tract; thence with the south line of Tract 4 of this survey S 84 degrees 18’ 00” E, 230.00 feet to an iron pin set, being the northeast corner of this tract; thence with the west staked line of Tract 4 of this survey S 06 degrees 31’ 00” W, 673.53 feet to an iron pin set; thence with the northwest line of Tract 6 of this survey S 61 degrees 27’ 10” W, 397.08 feet to an iron pin set; thence continuing with Tract 6 of this survey N 86 degrees 25’ 20” W, 200.00 feet to an iron pin set, being the southwest corner of this tract; thence with the east line of Lot 59, The Foothills, Section 4, N 03 degrees 34’ 40” E, 130.00 feet to an iron pin found; thence with the east line of Lot 60, The Foothills, Section 4, N 03 degrees 34’ 40” E, 46.88 feet to an iron pin, being a northwest corner of this tract; thence with the south line of Lot 66, The Foothills, Section 4C, S 84 degrees 18’ 50” E, 208.90 feet to an iron pin found; thence continuing with Lot 66, The Foothills, Section 4C, N 05 degrees 41’ 10” E, 185.98 feet to an iron pin found; thence S 84 degrees 18’ 50” E, 125.04 feet to an iron pin found; thence N 05 degrees 42’ 00” E, 516.52 feet to a nail; thence N 84 degrees 18’ 00” W, 19.66 feet to an iron pin, being a northwest corner of this tract; thence with the dead end of Crestmount Road N 05 degrees 43’ 50” E, 25.00 feet to the iron pin at the beginning, containing 5.21 acres, more or less.<br>
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This property has an address of 3245 Crestmount Drive, Murfreesboro, Tennessee 37129.<br>
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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>
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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>
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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>
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Notice of the Right to Foreclosure has been timely given in compliance with T.C.A. §35-5-117.<br>
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This sale shall commence on Tuesday, April 19, 2011, at 10:00 a.m., at the east door of the courthouse (Public Square) in Murfreesboro, Rutherford County, 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 entered online. The highest bid at public outcry will then be entered online, and online bidding will continue until twelve o’clock p.m. (12:00 p.m.) Central Daylight Time. Additional terms regarding online bidding and bid acceptance are more fully described at the online auction site listed above.<br>
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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 &amp; AUCTION CO., INC., FL1478.<br>
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INTERESTED PARTIES: David E. Gregory, Jr.<br>
Sherry W. Gregory<br>
Kincaid Construction Services<br>
Wells Fargo Bank, N.A., Successor by Merger<br>
to Wells Fargo Financial Bank<br>
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George H. White, Successor Trustee<br>
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White &amp; Polk, P.C.<br>
107 West College Street<br>
Murfreesboro, TN 37130<br>
(615) 893-6592<br>
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Publish: March 27, April 3, and April 10, 2011<br>
Murfreesboro Post<br>
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Date of Sale: April 19, 2011 at 10:00 A.M.