Cascarella vs Lake (Civil Action No. 18987)

CHANCERY COURT SALE OF LAND

In obedience to an Order For Sale Of Real Estate entered in this cause on September 3, 2019, in Minute Book 112, Page 174, I will on
TUESDAY, DECEMBER 10, 2019, AT 10:00 O'CLOCK A.M.
in the Courtroom of the Hardeman County Chancery Court, located in the Courthouse at 100 N. Main Street in Bolivar, Tennessee, sell to the highest and best bidder for cash and in accordance with the local rules of this Court concerning the bid procedure, the following described property located in the 4th Civil District of Hardeman County, Tennessee, and described as follows, to-wit:
Beginning at an old ½ inch iron rod, being ½ foot north of an old standing rock, said ½ inch iron rod being an interior corner of the Mary Jane Green et al. property (Deed Book O17 Page 91), and being the most southerly corner of the James Ward Estate property (Deed Book 97 Page 621, Deed Book T3 Page 282, Deed Book O3 Page 520), which is the herein described property; thence coincident with east and north lines of the said Mary Jane Green et al. property the following two (2) courses and distances:
(1) North 03 degrees 37 minutes 09 seconds East a distance of 1,180.09 feet to an old ½ inch iron rod;
(2) North 89 degrees 49 minutes 02 seconds West a distance of 317.20 feet to a new capped ½ inch iron rod, (typical of all irons in this description referred to as new);
Thence coincident with west, south, and east lines of Deed Book O3 Page 520, (Wells to Ward), the following four (4) courses and distances:
(1) North 85 degrees 43 minutes 03 seconds West a distance of 263.20 feet to a new iron rod;
(2) North 03 degrees 41 minutes 46 seconds East a distance of 342.11 feet to a new iron rod, being 251.63 feet southerly from an old iron rod being the northeast corner of Tract No. Two of Deed Book 97 Page 621);
(3) North 86 degrees 20 minutes 38 seconds West a distance of 346.69 feet to a new iron rod, being 251.63 feet southerly of an old 1 inch iron rod being the northwest corner of said Tract No. Two of Deed Book 97 Page 621);
(4) South 03 degrees 37 minutes 08 seconds West a distance of 706.22 feet to an old rock;
Thence continuing with north and east lines of the said Mary Jane Green et al. property the following two (2) courses and distances:
(1) North 86 degrees 21 minutes 25 seconds West passing through a swamp for a total distance of 3,710.89 feet to an old ½ inch iron rod being 44 feet northeasterly from the center line of West Road and being “on a high hill” as per Deed Book 97 Page 621 and Deed Book O17 Page 91);
(2) North 03 degrees 37 minutes 13 seconds East a distance of 1,349.78 feet (Deed Call=82 poles=1,353 feet to an old metal T-post, being 237.67 feet from an old ½ inch iron rod, being a northeast corner of the said Mary Jane Green et al. property;
Thence coincident with south and east lines of the David Henderson Tannehill property (Map 140 Parcel 8.02, Deed Book A17 Page 511) and generally along old fence and the north side of a ditch the following nine (9) courses and distances:
(1) North 79 degrees 47 minutes 48 seconds East a distance of 71.85 feet;
(2) North 80 degrees 20 minutes 07 seconds East a distance of 298.66 feet;
(3) North 80 degrees 40 minutes 07 seconds East a distance of 159.80 feet;
(4) North 76 degrees 16 minutes 48 seconds East a distance of 83.93 feet;
(5) North 50 degrees 41 minutes 43 seconds East a distance of 255.71 feet;
(6) North 38 degrees 51 minutes 50 seconds East a distance of 69.89 feet;
(7) North 31 degrees 43 minutes 52 seconds East a distance of 138.00 feet;
(8) North 04 degrees 26 minutes 50 seconds East a distance of 34.54 feet;
(9) North 03 degrees 36 minutes 04 seconds West a distance of 38.16 feet;
Thence North 31 degrees 06 minutes 29 seconds West leaving said fence and ditch a distance of 119.00 feet to an old buggy axle; thence North 18 degrees 55 minutes 58 seconds East a distance of 49.50 feet to an old metal T-post being a southwest corner of the David H. Tannehill and wife, Melody Tannehill property (Map 140 Parcel 5.00, Deed Book O16 Page 20); thence coincident with east lines of the said David H. Tannehill and wife, Melody Tannehill property the following two (2) courses and distances:
(1) North 67 degrees 57 minutes 45 seconds East a distance of 1239.31 feet (Deed Call=76 poles=1,254’) to an old metal T-post;
(2) North 24 degrees 28 minutes 41 seconds East a distance of 777.28 feet (Deed Call=45.6 poles=752.4’) to a new iron rod set on the north side of a drain/ditch;
Thence coincident with south lines of the David Callahan, Jr et al. property (Deed Book 12 Page 7) and the Roger Callahan property (Deed Book 35 Page 606) the following three (3) courses and distances:
(1) North 85 degrees 56 minutes 38 seconds East a distance of 391.94 feet to a point in a large pond;
(2) North 64 degrees 37 minutes 28 seconds East a distance of 247.50 feet to a new iron rod set in the remains of an old beech tree stump;
(3) South 87 degrees 25 minutes 14 seconds East at times with old fence remains a distance of 2,913.83 feet (Deed Call=179.4 poles=2,960.1’) to a new iron rod on the west margin of Callahan Lane (Deed Book E7 Page 384);
Thence coincident with the west margin of said Callahan Lane the following eight (8) courses and distances:
(1) South 31 degrees 57 minutes 18 seconds West a distance of 37.19 feet;
(2) South 28 degrees 23 minutes 21 seconds West a distance of 21.55 feet;
(3) South 25 degrees 12 minutes 43 seconds West a distance of 27.74 feet;
(4) South 21 degrees 45 minutes 26 seconds West a distance of 25.85 feet;
(5) South 18 degrees 27 minutes 53 seconds West a distance of 25.23 feet;
(6) South 15 degrees 09 minutes 43 seconds West a distance of 43.59 feet;
(7) South 12 degrees 44 minutes 12 seconds West a distance of 43.98 feet;
(8) South 12 degrees 04 minutes 50 seconds West a distance of 46.13 feet to a new iron rod;
Thence coincident with north and west lines of the said Roger Callahan et al. property the following four (4) courses and distances:
(1) South 86 degrees 12 minutes 34 seconds West a distance of 652.84 feet (Deed Call=40.1 poles=661.65 ‘) to a new iron rod ‘on the west bank of a gully’ as per Deed Book 97 Page 621);
(2) South 20 degrees 24 minutes 16 seconds West a distance of 630.40 feet with remains of old fence (Deed Call=34.38 poles=567.27’) to a new iron rod;
(3) South 10 degrees 24 minutes 03 seconds West with old fence remains a distance of 642.46 feet (Deed Call=44.4 poles=732.6’) to a new iron rod;
(4) South 23 degrees 07 minutes 04 seconds East a distance of 1,252.74 feet (Deed Call=75 poles=1,237.5’) to a new iron rod on the west line of the David Henderson Tannehill property (Map 149 Parcel 6.02, Deed Book O15 Page 458);
Thence South 19 degrees 58 minutes 25 seconds West coincident with the west line of the said David Henderson Tannehill property a distance of 135.62 feet to a new iron rod; thence coincident with the south margin of said Callahan Lane and north lines of the Allegra L. Ward property (Deed Book 101 Page 276) the following six (6) courses and distances:
(1) South 49 degrees 26 minutes 03 seconds West a distance of 49.67 feet;
(2) With a non-tangent curve to the right, having a radius of 776.18 feet, with an arc length of 345.86 feet, a chord bearing of South 71 degrees 33 minutes 50 seconds West, and a chord length of 343.00 feet;
(3) South 88 degrees 01 minute 12 seconds West a distance of 97.53 feet;
(4) South 86 degrees 19 minutes 37 seconds West a distance of 118.89 feet;
(5) North 82 degrees 06 minutes 45 seconds West a distance of 32.47 feet;
(6) North 62 degrees 59 minutes 17 seconds West a distance of 27.24 feet to a new iron rod;
Thence coincident with west and south lines of the said Allegra L. Ward property the following three (3) courses and distances:
(1) South 05 degrees 07 minutes 04 seconds East a distance of 200.00 feet to a new iron rod;
(2) South 89 degrees 18 minutes 12 seconds East a distance of 200.00 feet to a new iron rod;
(3) South 64 degrees 01 minute 33 seconds East a distance of 255.24 feet to a new iron rod;
Thence coincident with west lines of the said David Henderson Tannehill property (Map 149 Parcel 6.02, Deed Book O15 Page 458) the following two (2) courses and distances:
(1) South 56 degrees 37 minutes 24 seconds West a distance of 290.00 feet (as per Deed Book X7 Page 135) to an old 1½ inch square rod;
(2) South 02 degrees 53 minutes 49 seconds West a distance of 238.08 feet to an old iron rod;
Thence coincident with west lines of the said Mary Jane Green et al. property the following two (2) courses and distances;
(1) South 03 degrees 34 minutes 44 seconds West a distance of 157.53 feet to an old ½ inch iron rod;
(2) South 31 degrees 39 minutes 07 seconds West a distance of 559.95 feet to the point of beginning, having an area of 324.06 acres.
The above described property is subject to a deed conveying a 50 foot wide roadway to Hardeman County, Tennessee (Deed Book E7 Page 384). The area conveyed from the above described property to said Hardeman County is approximately 2.83 aces, leaving a net acreage of 321.23 acres.
Property may be subject to rights-of-way, easements, covenants, and/or restrictions that may or may not be of record.
All bearings noted are based upon the Tennessee Coordinate System of 1983.
The above description being in accordance with Certificate of Survey of Simpson Land Surveying, R.L.S. No. 2553, dated November 6, 2019.
Fee Simple Title to the above described real property being vested in Linda Ward, Raymond Ward, Robert Ward, and Aubrey Ward, being the heirs of George Ward, deceased; Marilyn Ward, Allegra Latez Ward, Treavor Smith and Trinity Smith, being the heirs of Lawyer Ward, deceased; Melvin Bullard, Melvin Bullard, Jr., Marvin Bullard and Michael Bullard, being the heirs of Eva Ward Bullard, deceased; Margaret Ward and Felicia Ward, being the heirs of Willie Ward, deceased; Henry Johnson, Jr., Henry Johnson, III and Lyra Kramer, being the heirs of Clara Ward Johnson, deceased; Lucrecia Ward, being the heir of J.B. Ward, deceased; Shannon Acklin and Lynetta Scholar, being the heirs of Mary Ward Davis, deceased; Jamal Ward, Jeff Ward and Jessica Ward, being the heirs of Thomas Jeff Ward, deceased; Raven Ward and Courtney Ward, being the heirs of Leroy Ward, deceased; Latrice Ward and Autumn Ward, being the heirs of Joe Ward, deceased; James White, Ruthie Whisnat, Brona Marrion and Louise Ward, being the heirs of Booker T. Ward, deceased; M. Estelle Ward Lake , Kel Ward, Kaylon Ward and Keon Ward, being the heirs of Katie V. Ward, deceased; the heirs of Travis Ward, deceased, the heirs of Robert Ward, deceased, and Ken Cascarella, and/or Palmetto Capital Group, pursuant to the Final Decree Quieting Title entered February 6, 2019, June 19, 2019 and August 7, 2019, in Civil Action No. 18987, in the Chancery Court of Hardeman County, Tennessee. For further reference, see the following deeds: Deed Book O-3, Page 520; Deed Book T-3, Page 282; Deed Book D17, Page 559; Deed Book 91, Page 191; Deed Book 91, Page 478; Deed Book 97, Page 621 and Deed Book 98, Page 612, Register's Office of Hardeman County, Tennessee, at Bolivar.

Said Parcel being more specifically designated as Map 149, Parcel 2.00 as per the Hardeman County Property Tax Assessor's Office.
STREET ADDRESS: Callahan Road
Saulsbury, TN 38067

This sale is subject to (1) all matters shown on any applicable recorded plat; (2) any restrictive covenants, easements or set-back lines that may be applicable; (3) any statutory rights of redemption of any governmental agency, state or federal; (4) any prior liens, or encumbrances; (5) any priority created by a fixture filing; (6) the rights of any heir(s) who are not before the Court by proper notice; and (7) any matter that an accurate survey of the premises might disclose.
The buyer(s) will be provided with an attorney’s title opinion, but there is no warranty of title and I will sell and convey only as the Clerk and Master and Special Master/Commissioner, pursuant to the decree of the Chancery Court in this cause.
The 2019 Hardeman County real property taxes, as well as any other delinquent taxes, shall be paid from the proceeds of the auction.
Purchaser to have immediate possession of land upon confirmation of sale by the Court.
TERMS OF SALE
In accordance with the Order On Motion To Set Parameters For The Sale of Real Property filed for record on November 1, 2019, in Minute Book 112, Page 445, the minimum floor bid price of $900.00 per surveyed acre shall be set for the public auction.
The Clerk & Master as Special Master/Commissioner shall be provided with a Letter of Credit from a recognized financial institution from each bidder participating in the auction. The successful bidder shall deposit ten percent (10%) of the bid price with the Court on the date of the sale. Said funds will be held for ten (10) days so that the bid may be raised by ten percent (10%), and if so, will be re-auctioned for a final sale on Friday, December 20, 2019, at 10:00 o'clock a.m. at the same location as the previous sale. In the event the bid is not raised by ten percent (10%) on or before 4:00 p.m. on Thursday, December 19, 2019, then the property shall be sold to the initial successful bidder and there will be no final sale on December 20, 2019.
In the event of a successful raised bid on or before 4:00 p.m. on December 19, 2019, the new successful bidder shall deposit ten percent (10%) of the new raised bid price with the Court. The final sale will begin at the ten percent (10%) raised bid. The successful bidder shall have thirty (30) days from the date of the final sale to deposit the full bid amount with the Hardeman County Chancery Court.
NOTE: Inspections of the above described real property are available by appointment with the Clerk and Master as Special Master/Commissioner at 731-658-3142. A plat of the above described real property is available for inspection at the office of the Clerk and Master.
This Notice shall run three consecutive weeks in the Bolivar Bulletin Times.
This the 14th day of November, 2019.

JANICE M. BODIFORD
Clerk & Master and
Special Master/Commissioner