Substitute Trustee’s Notice of Sale of Real Estate
Default having been made in the payment of the debts and obligations secured to be paid in a certain Deed of Trust, executed the 20th day of April, 2011, by James A. Smith, to H. McCall Wilson, Jr., as Trustee as the same appears of record in the Office of the Register of Hardeman County, Tennessee, at Deed of Trust Book 694, Page 320. Said Deed of Trust being modified by Modification of Deed of Trust dated September 29, 2011, being of record at Deed of Trust Book 697, Page 518 in the Register’s Office of Hardeman County, Tennessee. Thomas M. Minor was thereafter appointed Substitute Trustee by Appointment of Substitute Trustee of record in the said Register’s Office of Hardeman County, Tennessee.
Whereas, The Bank of Fayette County, being the owners of the debt secured by said Deed of Trust, having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by a default in the payment of the debt and obligations secured, at the option of the Owner, after being authorized to proceed with a sale under the aforesaid Deed of Trust in the event of a default there under, this is to give notice that the undersigned will on the 26th day of January, 2018, commencing at 12:00 noon, at the front door of the Courthouse in Bolivar, Hardeman County, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Hardeman County, Tennessee, to wit:
Beginning at an iron pin found in the north margin of Cypress Cemetery Road on the southeast corner of Timmy Howell;s house lot, deed book D-12, Page 134, and on the southwest corner of William B. Hackett, Deed Book S-4,Page 358; thence with the north margin of said road, south 86 degrees 26 minutes West 315.0 feet to an iron rod on the southwest corner of said lot in the east line of the 10.00 acre tract conveyed to Timmy Howell by O. L. Howell, Deed Book N-15, page 197; thence South 3 degrees 38 minutes east 17.5 feet to the center of Cypress Cemetery Road; thence with said road, south 87 degrees 15 minutes west 100.4 feet, the southeast corner of the remaining portion of O. L. Howell’s property; thence with O. L. Howell north 00 degrees 52 minutes east passing an iron rod found at 14.9 feet and on for a total distance of 1323.8 feet to an iron rod found; thence with said tract, north 90 degrees 00 minutes east 312.3 feet to an iron rod found in the west line of Hackett; thence with Hackett, south 03 degrees 38 minutes east 1284.3 feet to the point of beginning, containing 10.83 acres, more or less.
This being the same property which has been designated by the Hardeman County Tax Assessor as Parcel No. 21.02 on Tax Map 172.
This being the same property conveyed to James Smith by Special Warranty Deed of record at Deed Book 55, Page 402 in the Register’s Office of Hardeman County, Tennessee.
Property Address: 85 Fritton Spur Lane, Middleton, Tennessee 38052
Owner of Property: James A. Smith
The sale of the above described property shall be subject to unpaid property taxes, assessments, subdivision restrictions, building lines, easements and all other prior liens and encumbrances of record superior in right to the Deed of Trust. In addition, the following parties may claim an interest in the above referenced property: None.
All rights and equities of redemption, statutory right of redemption, homestead and dower and all other rights or exemptions of every kind are expressly waived and title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The sale held pursuant to this notice may be rescinded at the Substitute Trustee’s option at any time. The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement of the time and place for the sale set forth herein.
WITNESS MY HAND, this the 29th day of December, 2017.
Thomas M. Minor
Minor Johnston Douglas, PLLC
Attorneys for Substitute Trustee
124 East Market Street
Somerville, TN 38068