Dale Hollow Horizon public notices 3-16-2011

NOTICE OF TRUSTEE’S SALE AT PUBLIC AUCTION WHEREAS, by Deed of Trust

dated October 25, 2005, Roman A. Veksler and Aleksey S. Veksler, did

convey in trust to John R. Officer, Trustee, a certain tract of land to

secure payment of a debt in the principal sum of One Million Dollars

($1,000,000.00) (the Note) payable to Larry E. Savage et ux Judy Savage,

recorded in Record Book 99, Page 488 in the Register of Deeds Office of

Clay County, Tennessee, (the Deed of Trust) which is incorporated herein

by reference; WHEREAS, Larry E. Savage et ux Judy Savage are the owners

and holders of the Note and Deed of Trust; and WHEREAS, Default has been

made in the payment of debts and obligations secured by said Deed of

Trust and Larry E. Savage et ux Judy Savage have declared the entire

balance due and payable and have instructed the undersigned 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, as appointed by Larry E. Savage et ux Judy Savage, i.e. Lender,

through them, said appointment being dated March 8, 2011 and is of

record in Record Book 12, Page 66 in the Register’s Office of Clay

County, Tennessee, I will on the 4th day of April, 2011, at 3:00 p.m.,

Central Daylight Time at the main entrance of the Clay County

Courthouse, Celina, Tennessee, 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, Clay County, and is described as

follows: Lying and being in the 11th Civil District of Clay County,

Tennessee and being more particularly described as follows: TRACT I:

BEGINNING on a chestnut-oak and black gum; thence Southwest to a

sugartree in left-hand hollow from old Tipton house; thence Southwest to

2 small chestnuts, Mrs. Ford’s and Parker’s farm; thence Northward to a

chestnut, Melton and Fords Corner; thence Westward to a hickory; thence

Northward with a fence to a black oak, Melton and Mrs. Ford’s corner;

thence Westward with said fence to a beech on side of ash thicket road

in Will Wright’s line; thence Northward to a white oak Sam Sidwell’s,

Will Wright’s and Melton’s corner; thence Northwest to top of a hill;

thence Northwestward with breaks of hill to a walnut in Sidwell’s and

Denis Melton’s line (corner); thence with old M.C. Hogan to a maple a

corner in Hogan’s; thence Northeast to a black gum; thence Northwest to

two ashes and dogwood in Kimes’ line; thence Northeast 28 poles to a

Spanish oak; Northeast 66 poles to a black oak and gum; thence N 31 East

18 p. to a stake; thence N 2 E 24 p. to a stake; thence N 35 E ___ to a

poplar near the ash thicket road; thence Southeast to a beech and

dogwood and buckeye; thence Eastward a straight line to two white oaks

above the old Sugar Camp field; thence in an Eastward direction with

Jane White’s line to two oaks; thence Southward 60 E 58 P. to an old

tobacco barn; thence Eastward to an elm; thence Eastward to old Sidwell

line on top of hill; thence with old Sidwell line Southward to a stake;

thence Southward to a cherry tree; thence Southward with a fence to a

stone near bank of creek and old stave mill; thence Westward to a

sugartree on top of hill near a log shoot; thence Westward to two small

hollows, near the old Jessie Marcom house; thence a straight line to the

BEGLNINING, a corner, a chestnut-oak, containing three hundred and eight

acres, more or less.

 

EXCLUDED from this tract, however, the following:

 

BEGINNING at a ½” rebar set in the Eastern right of way of the Willow

Grove Highway and being the Southwest corner of the lands herein

described and a corner of Centex Home Equity Company, LLC, thence with

said right of way the following calls: North 19° 15′ 53″ West 111.40′,

North 18° 44′ 31″ West 52.00′, North 14° 26′ 27″ West 49.85′, North 10°

24′ 33″ West 50.10′, North 07° 57′ 58″ West 50.25′, North 05° 39′ 42′

West 51.50′, North 04° 20′ 51″ West 78.77′, North 03° 16′ 29″ West

68.55′, North 01° 39′ 01″ West 48.19′, North 01° 38′ 6″ East 49.81′,

North 04° 34′ 41″ East 50.80′, North 07° 45′ 17″ East 47.56′, North 11°

45′ 48″ East 48.43′, North 17° 22′ 3″ East 54.19′, North 19° 25′ 56″

East 50.66′ to a 12″ cedar; thence leaving said right of way and

severing the Grantor the following calls: South 87° 27′ 58″ East 461.59′

to a 24″ red oak, South 84° 01′ 35″ East 147.13′ to a steel post set,

South 63° 47′ 19″ East 236.24′ to a steel post set, South 31° 10′ 22″

West 839.28′ to a ½” rebar set in a fence line; thence with said fence

and severing the Grantor South 88° 39′ 09″ West 72.13′ to a steel post

and being a corner of Centex Home Equity Company, LLC; thence with

Centex Home Equity Company, LLC and a fence the following calls: North

88° 35′ 43″ West 26.31′ to a steel post, North 82° 40′ 39″ West 61.28′

to a 12″ hickory, North 84° 01′ 54″ West 90.98′ to a steel post, South

89° 55′ 41″ West 64.05′ to a steel post, South 88° 50′ 21″ West 27.81′

to a ½” rebar and being the point of BEGINNING, containing 12.41 acres

more or less.

 

The lands herein described being a portion of those recorded in Warranty

Deed Book 49 page 168 in the Clay County Register of Deeds Office.

 

This description and survey subject to any and all right of ways,

easements, exceptions and/or restrictions, recorded or unrecorded, which

may affect this property. This description taken from a survey and plat

by David A. Sells RLS 1795 and dated 9-29-2005.

 

OFF CONVEYANCES OF TRACT I:

 

1. Warranty Deed conveying approximately 75 acres to Burr Thrasher and

wife, dated ____, and recorded in Deed Book ___, page ____, Register’s

Office of Clay County, Tennessee.

 

2. Warranty Deed conveying approximately 5 acres to Byrd Maxfield and

wife, dated ___, and recorded in Deed Book ___, page ___, Register’s

Office of Clay County, Tennessee.

 

3. Warranty Deed conveyed to the United States of America, dated April

21, 1943, and recorded in Deed Book 5, pages 152-153, Register’s Office

of Clay County, Tennessee.

 

4. Warranty Deed conveying to C. B. Boykin and wife, dated January 2,

1945, and recorded in Deed Book 6, page 527, Register’s Office of Clay

County, Tennessee.

 

The previous and last conveyance of Tract I being a deed from Estele

Shelton, Chowning Melton, Imogene Melton, Cloise Melton, Irene Melton,

Leatrice Melton, Kathleen Propst, Nelda Sue Best and Lois Geneva Melton,

being all the heirs at law of Lee Emma Melton, deceased to Larry E.

Savage and wife, Judy Savage of record in Warranty Deed Book 49, page

168, Register’s Office, Clay County, Tennessee.

 

It is specifically agreed by the parties hereto that the previous

grantors shall retain possession of the house on said property and shall

be allowed to leave their cattle on the property until October 1, 1988.

The previous grantees may cut the timber on the property upon paying the

note due the previous grantors executed on even date herewith.

 

For tax purposes, being the remaining portion of Tax Map 35, Parcel

38.00.

 

 

TRACT II: BEGINNING at a steel post on the East margin of the Willow

Grove Road, a corner with Zelma Booher; thence Eastwardly with the

Booher line, a fence row, approximately 208 feet to a steel post; thence

Southwardly with the newly established line of Larry Savage and Judy

Savage, approximately 536 feet to a poplar; thence Westwardly, also with

the Larry and Judy Savage line, and a fence row, approximately 208 feet

to a steel post on the margin of the Willow Grove Road; thence with the

said Willow Grove Road Northwardly approximately 516 feet to the point

of BEGINNING.

 

The previous and last conveyance of Tract II being a deed from Arlis

Watkins, a single person to Larry Savage et ux Judy Savage, of record in

Warranty Deed Book 59, Page 283, Register’s Office, Clay County,

Tennessee.

 

For tax purposes, being Tax Map 35, Parcel 36.00

 

TRACT III: BEGINNING on an iron pin in the West margin of Willow Grove

Road, the Northern most point in this property, and a property corner to

Charlie Daniels; thence with the right of way the following calls: S

31-44 E 362.00 feet; S 40-26 E 120.00 feet; S 43-42 E 179.00 feet; S

28-48 E 62.00 feet; S 08-51 E 72.50 feet; S 13- 12 W 96.00 feet and S

28-00 W 124.00 feet to an iron pin at a fence corner at the right of

way; thence leaving the right of way N 76-58 W 774.30 feet to an 8″

Hickory in the fence line; thence N 03-00 E 24.00 feet to a marked 20″

beech in a sinkhole; thence S 74-08-14 W 273.79 feet to an iron pin at

the head of a spring; thence N 44-20 E 29300 feet to a stake at a marked

6″ hickory; thence N 42-07-54 E 696.88 feet to the BEGINNING, containing

10.0828 acres.

 

TRACT IV: BEGINNING on a stone on the ash-thicket road; thence South 32

East with said road 10 ½ poles to a black oak; South 27 East 11 poles to

a black oak; thence South 45 East 6 poles to a chestnut; thence South 57

East 13 poles to a stone on the ash-thicket road; thence East 4 poles to

a stone; thence North 17 East 10 poles to a small black oak; thence

North 13 East 24 poles to a black oak; thence North 36 East 15 poles to

a chestnut; thence North 20 East 10 poles to a small white oak; thence

North 10 1 West 4 poles to a small black oak; thence North 58 East 2½

poles to a chestnut; the corner between the said land of W.R. Maxfield;

thence North 38½ West 62½ poles to a stone in the hollow; thence South

17 West 11 poles to a small poplar; thence South 28 East 3½ poles to a

gum; thence South 8 East 7 poles to a black oak; thence South 16 East 24

poles to a chestnut; thence South 4 West 4 poles to a black oak; thence

South 70 West 20 poles to a small gum; thence South 82 West 3½ poles to

a black oak; thence South 60 West 6 poles to a small black oak; thence

South 48 West 6 poles to the BEGINNING, containing 25 acres, more or

less.

 

There has been a four (4) acre conveyance off of tract IV of property

from Iver H. Moredock and wife, Ina R, Moredock to Frank Daniel by a

deed of record in Volume 11 of Warranty Deeds, page 541, Register’s

Office of Clay County, Tennessee.

 

TRACT V: BEGINNING on a white oak, the beginning corner of a tract of

land this day deeded to G. B. Harvey and being the beginning of a

dividing line between this tract and the tract deed to G. B. Harvey;

thence with said dividing Harvey line, Northwardly with the various

calls of the Harvey line to the U.S. Government tract or line; thence

bounded on the North by the Dale Hollow Dam area, and possibly lands of

Elliot Melton; and bounded on the South by the lands of Daniels; on the

West by the lands of Hoy Ford and Leslie Parker, and being the Eastern

part of the tract of land sold by H. M. Vaughn and others to M. L. Hill

and J. A. Jewett by deed dated __ day of December, 1943, and registered

in Deed Book 5, Page 603 in the Register’s office at Celina, Clay

County, Tennessee, being 95 acres, more or less.

 

The previous and last conveyance of Tracts III, IV and V being a deed

from Hugh R. Moredock to Larry E. Savage and wife, Judy Savage of record

in Warranty Deed Book 51, Page 582, Register’s office of Clay County,

Tennessee.

 

Tracts III, IV and V are identified on Tax Map 38, Parcel 9.00.

 

OFF CONVEYANCES:

 

Warranty Deed Book 53, page 687 – 4 acres; Warranty Deed Book 54, Page

563, – P/O Tract IV; Warranty Deed Book 55, page 588 – 10.0828 acres

 

The previous and last conveyance being a Warranty Deed dated October 26,

2005 from Larry E. Savage et ux Judy Savage to Roman A. Veksler and

Aleksey S. Veksler, and same is of record in Record Book 85, Page 125,

in the Register=s Office of Clay County, Tennessee.

 

For Tax Purposes being Clay County Tax Map 35, Parcel 36.00, Clay County

Tax Map 35, Parcel 38 and Clay County Tax Map 38, Parcel 9.00 Street

Address: Willow Grove Highway, Allons, TN 38541 Current Owners of

Property: Roman A. Veksler and Aleksey S. Veksler The street address of

the above described property is believed to be Willow Grove Highway,

Allons, Tennessee 385741, but such address is not part of the legal

description of the property sold herein and in the event of any

discrepancy, the legal description herein shall control. The equity of

redemption, the statutory right of redemption, homestead, and all other

exemptions of every kind are waived in said Deed of Trust, and the title

is believed to be good, but the undersigned will sell and convey only

such titles as he may convey as Trustee there being no representations

or covenants of warranty of title made hereby.

 

Said sale shall be made for cash in bar of all right and equity of

redemption, homestead, dower, and all other rights of exemptions of

every kind, all of which are expressly waived in said Deed of Trust. All

rights of equity of redemption, homestead, right to an elective share,

and all other exemptions are expressly waived in said Deed of Trust and

title is believed to be good, but I will sell and convey only as

Trustee. Trustee is not aware of any lien claimed by the United States

with respect to which the provisions of U.S.C. ‘ 7425(b) require notice

to be given to the United States. Trustee is not aware of any lien or

claim of lien by the State of Tennessee with respect to which the

provisions of ‘ 67-1-1433(b) of the Tennessee Code Annotated require

notice to be given to the State of Tennessee. Trustee, upon information

and belief, is not presently aware of any parties interested pursuant to

Tennessee. Code Ann. ‘ 35-5-104(d). This Notice of Sale has been

published in accordance with T.C.A. ‘ 35-5-101 et seq. and any

provisions of the Deed of Trust affecting same beginning March 16, 2011

and for the two (2) weeks thereafter (March 23, 2011 and March 30,

2011), as required by law. This sale shall further be subject to any

announcements made at the time of the sale. The Trustee reserves the

right to postpone or set over the date of sale in the event the Trustee

deems it best for any reason at the time of sale to postpone or continue

this sale from time to time, with such notice of postponement as deemed

reasonable by Trustee. In the event the highest bidder at such sale

fails to complete his purchase of the subject real property within the

applicable time allowed, the undersigned Trustee reserves the right to

complete the sale of the subject real property, without further notice

of advertisement, to the next highest bidder who is able to consummate

his purchase of the property within the time permitted by the Trustee.

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 IS AN ATTEMPT TO COLLECT A DEBT AND ANY

INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. At the conclusion of

the sale, I, J. Steve Daniels, Trustee, will make, execute, and deliver

a Trustee=s Deed to the purchaser at the sale of the above described

land, as Trustee, in as full and ample manner as the Trustee can convey

the same. This the 9th day of March, 2011.

__________________________________________ STEVE DANIELS,

Substitute/Successor Trustee for Larry E. Savage et ux Judy Savage

Attorney at Law 181 Windle Street Livingston, TN 38570 931/823-6177