TRUSTEE’S NOTICE OF SALE
NOVEMBER 12, 2015, 11 A.M.
FRONT DOOR CLAY COUNTY COURTHOUSE
178 BILLIE HILL RD., HILHAM (CLAY COUNTY), TN 38568
including a 2006 Clayton Mobile Home & a 2002 Gile HS Mobile Home on 11.70+/- acres
(Information believed to be accurate but not guaranteed.)
Default having been made in the payment of the debts and obligations secured to be paid by a certain deed of trust executed by David Russell and wife, Kathleen Russell on the 5th day of July, 2013, to Rusty Robbins, Trustee, as same appears of record in the Register’s Office of Clay County, Tennessee, in Trust Book 130, page 515, and Jim Evans having been appointed Substitute Trustee per instrument recorded in WD Book 104, page 390; and First National Bank of Tennessee being the owner and holder of the debt secured, having requested the undersigned to advertise and sell the property described in and conveyed by the said deed of trust, all of the said indebtedness having matured by default in the payment of a part thereof, this is to give notice that the undersigned will on November 12th, 2015 commencing at 11:00 a.m., at the front door of the Clay County Court- house, Celina, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described tract of property, to-wit:
Lying and being in the 3rd CIVIL DISTRICT of Clay County, Tennessee bounded and described as follows:
TRACT NO. 1: BEGINNING on a white oak, a white oak and sugartree pointers, on the William Dale old Line; thence running North 19 degrees East 110 poles to a small black walnut, with two white oaks and a hickory pointer, (Now a set stone in the line of the Standing Stone Park Area); thence running Eastward with line of Tidwell heirs to what is known as the Big Hollow; thence running up the center of the Big Hollow to the line of the Standing Stone Park Area; thence running with the line of the Standing Stone Park Area Westward to the beginning corner, containing by estimation forty (40) acres, more less.
There is EXCLUDED from the above described property that certain tract of land heretofore conveyed to Marlin McClain and wife, Gail McClain, by warranty deed from Milus McClain and wife, Dorothy McClain dated March 1, 1971, and recorded in Deed Book 20, Page 294, Register’s Office of Clay County, Tennessee, which is more particularly described as follows: BEGINNING on a stake, corner to Milus McClain, on the side of what is known as the Bill Ridge Road; thence running Northeastward with said road to Standing Stone State Park line; thence running Eastwardly direction with Standing Stone State Park to corner of J.A. McClain and Tidwell tract; thence run- ning Southward with line of J.A. McClain to a stake, corner to Milus McClain; thence running Westward with Milus McClain to the beginning corner, containing by estimation fifteen (15) acres, more or less.
TRACT NO. 2: BEGINNING on a stake, corner to Milus McClain on the side of what is known as the Bill Ridge Road; thence running Northeastward with said road to Standing Stone State Park line; thence running Eastwardly direction with Standing Stone State Park to corner of J.A. McClain and Tidwell tract; thence running Southward with line of J.A. McClain to a stake, corner to Milus McClain; thence running Westward with Milus McClain to the beginning corner, containing by estimation fifteen (15) acres, more less.
There is EXCLUDED and NOT INCLUDED in the above described lands that certain 7.1623 acre tract conveyed to Jackie Burchett by warranty deed dated January 25, 1997 and recorded in Deed Book 65, pages 237-240, Register’s Office of Clay County, Tennessee.
There is also EXCLUDED and NOT INCLUDED in the above described lands that tract of land more particularly described as follows, to-wit: BEGINNING at a concrete monument in an East line of the property of Standing Stone State Park, being the extreme West corner of this tract being described; thence, with an East line of the property of Standing Stone State park, North 23 degrees, 09 minutes, 50 seconds East 550.24 feet to an 0.5 inch diameter pipe in the East margin of a county gravel road, being the extreme North corner of this tract being described and the extreme West corner of Tract 2; thence, leaving the property of Standing stone State Park and with the Southwest line of Tract 2, South 84 degrees, 30 minutes, 26 seconds East 215.08 feet to a steel fence post; thence, South 78 degrees, 18 minutes, 45 seconds East 101.29 feet to a wood fence post; thence, South 54 degrees, 27 minutes, 45 seconds East 107.71 feet to a wood fence post; thence, South 43 degrees, 23 minutes, 27 seconds East 53.50 feet to a wood fence post; thence, South 25 degrees, 51 minutes, 44 seconds East 38.20 feet to a wood fence post; thence, South 25 degrees, 58 minutes, 26 seconds East 136.01 feet to a wood fence post; thence, South 39 degrees, 46 minutes, 33 seconds East 35.52 feet to a wood fence post; thence, South 48 degrees, 37 minutes, 46 seconds East 38.20 feet to a wood fence post, in a West line of the property of Robert Wright, being the extreme East corner of this tract being described and the extreme South corner of Tract 2; thence, leaving Tract 2 and with a West line of the property of Wright, South 8 degrees, 42 minutes, 04 seconds West 41.34 feet to a 1/4 inch diameter rebar; thence, South 58 degrees, 32 minutes, 18 seconds West 106.56 feet to a point in a fence thence, South 70 degrees, 05 minutes, 56 seconds West 567.06 feet to a fence corner in a North line of the property of Standing Stone State Park, being the extreme South corner of this tract being described; thence, with the North line of the property of Standing Stone State Park, North 48 degrees, 11 minutes, 40 seconds West 203.12 feet to the BEGINNING, containing 7.1923 acres as surveyed by William S. Williford, RLS No. 1689, on August 26, 1996.
And being the same lands conveyed to David Russell and wife Kathleen Russell, by warranty deed dated October 20, 2005, and recorded in WD Book 85, pages 148-150, Register’s Office of Clay County, Tennessee.
The street address of the above-described property is believed to be Billie Hill Rd., Hilham, TN 38568, (Map 083, Parcel 017.00) 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 referenced herein shall control.
Said sale shall be subject to any unpaid property taxes, to any additional prior, liens, leases, encumbrances, to any rights of redemption not heretofore expressly waived, and to all applicable reservation of minerals, easements, rights-of-way, setback lines and restrictions.
OTHER INTERESTED PARTIES: Tenant(s) rights in possession, if any.
The equity of redemption, statutory right of redemption, homestead, curtesy and dower, appraisement, and the marshalling of liens and assets are waived in said deed of trust, and the title is believed to be good, but the under- signed will sell and convey only such title as he may convey as Trustee there being no representations or covenants of warranty of title made hereby.
It will be the responsibility of the successful bidder to obtain possession of the property at his expense, and any damage, vandalism, theft, destruction, or other loss or damage to the property occurring subsequent to the date of sale shall be at the risk of the successful bidder.
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 the 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 or advertisement, to the next highest bidder who is able to consummate his purchase of the property within the time permitted by the Trustee.
Signed, this 18th day of September, 2015.
PUBLICATION DATES Dates: October 21, 2015 October 28, 2015 November 4, 2015
Jim Evans, Trustee c/o Don O. Johnson Attorney at Law & General Counsel 330 West Main Street Cookeville, TN 38506 Telephone: (931) 520-6802