Successor Trustee Sale – Kerry & Virginia Cothron

NOTICE OF SUCCESSOR TRUSTEE’S SALE

WHEREAS, default has occurred in the performance of the covenants, terms and conditions of three Deeds of Trust, to-wit: (1) Deed of Trust dated May 23, 2007, executed by KERRY COTHRON and wife, VIRGINIA COTHRON, conveying certain real property therein described to JOE CARTER, Trustee for Citizens Bank of Lafayette, Tennessee.  Said Deed of Trust is of record in Trust Deed Book 423, Page 273 and corrected in Trust Deed Book 425, Page 237, Register’s Office of Macon County, TN; (2) Deed of Trust dated August 6, 2009, executed by KERRY COTHRON and wife, VIRGINIA COTHRON, conveying certain real property therein described to JOE CARTER, Trustee for Citizens Bank.  Said Deed of Trust is of record in Trust Deed Book 462, Page 329, Register’s Office, Macon County, TN; and (3) Deed of Trust dated May 27, 2010, executed by KERRY COTHRON and wife, VIRGINIA COTHRON, conveying certain real property therein described to JOE CARTER, Trustee for Citizens Bank.  Said Deed of Trust is of record in Trust Deed Book 473, Page 270, Register’s Office, Macon County, TN; and
WHEREAS, Citizens Bank is the true and lawful holder of the debt, has declared the entire indebtedness due and payable, has appointed the undersigned, A. RUSSELL BROWN, as Successor Trustee by instrument filed for record in the Macon County Register of Deeds, and has instructed the Successor Trustee to foreclose said Deeds of Trust in accordance with its terms and provisions; and
WHEREAS, a search of the public records at the time of the initial publication revealed no lien filed by the United States or the State of Tennessee which affects the above described property;
NOW, THEREFORE, by the authority vested in me as Successor Trustee, I will on the 8th day of October, 2015, at 10:00 o’clock a.m. at the Macon County Courthouse, Public Square, Lafayette, Tennessee, sell at public auction to the highest and best bidder for cash the following described property known as Map: 030 Parcel: 018.03 (5th Civil District – Williams Road); Map: 050C Group: B Parcel: 032.00 (1st Civil District – Town/Country Estates); and Map: 058, Parcel: 026.01 (1st Civil District – 485 Barber Hollow Road); to-wit;

Map: 030 Parcel: 018.03 – Williams Road   
Lying and being in the 5th Civil District of Macon County, Tennessee and being Tracts 1 and 2 of the Final Plat of the Whittemore Subdivision, Plat of which is of record in Plat Cabinet 183A, Slide C2, Register’s Office, Macon County, Tennessee.  Reference to which is made for a more complete description.
Previous Grantors reserved for the use and benefit of Maxie Willard Phillips and wife, Carmoline Phillips, their heirs and assigns, the right to use the water from a spring located on the above described property including the right to pipe the water there from and the right to maintain the spring and any pump or other equipment necessary to transport the water from said spring to the property of Maxie Willard Phillips and wife, Carmoline Phillips.  This right shall run with the land and the land shall be encumbered thereby.
Subject to utility easement of record in Deed Book 233, page 445, Register’s Office, Macon County, Tennessee.
Being the property conveyed to Kerry Cothron and wife, Virginia Cothron, from Joey Whittemore, by deed, dated 5/23/07, recorded 5/24/07, in Deed Book 283, page 366, Register’s Office of Macon County, Tennessee. The said Kerry Cothron died 2/28/12, leaving the property solely to his wife, Virginia Cothron.

Map: 050C       Group: B          Parcel: 032.00 – Town/Country Estates
Lying and being in the 1st Civil District of Macon County, Tennessee, and being Lot No. 23, Section D of the Town and Country Estates Addition to the City of Lafayette, Tennessee, a plat of which is of record in Plat Book 1, Page 73, now Plat Cabinet 1, Slide 122-A, Register’s Office of Macon County, Tennessee, to which plat reference is hereby made for a more complete description of said lot.
Subject to restrictions and easements as set forth in instrument of record in Plat Cabinet 1, Slide 122-A, said Register’s Office
Subject to restrictions of record in Deed Book 74, page 350, said Register’s Office.
Subject to easements of record in Deed Book 121, page 394, said Register’s Office.
Being the property conveyed to Kerry Cothron and wife, Virginia Cothron, from Forrest R. Bullington, by warranty deed, dated 8/6/09, recorded 8/10/09, in Deed Book 296, Page 336, Register’s Office of Macon County, Tennessee. The said Kerry Cothron died 2/28/12, leaving the property solely to his wife, Virginia Cothron.

Map: 058 Parcel: 026.01  – 485 Barber Hollow Road 
Lying and being in the 1st Civil District of Macon County, Tennessee, about five miles west of the Town of Lafayette on the road leading from Lafayette-Westmoreland to a point near New Harmony, known as the Rose Hill Road and described as follows:  Beginning at a point on the east side of Rose Hill Road, running N 81 E 420 ft.; thence N 43 E 200 ft.; thence N 4 E 400 ft.; thence N 85 E 400 ft.; thence S 32 E 297 ft.; thence S 6 E 152 ft.; thence S 25 E 99 ft.; thence S 70 E 132 ft. to a beech; thence S 1-30 E 132 ft.; thence S 67 E 321 ft.; thence S 355 ft. to a beech; thence N 55 W 181 to a mulberry; thence N 70 W 301 ft. to a sugar tree; thence S 47 W 132 ft. to a beech; thence S 15 W 298 ft.; thence S 16 E 150 ft.; thence S 4 W 115 to an oak; thence S 62-30 W 350 ft. to a poplar; thence N 51 W 430 ft.; thence N 16-30 W 340 ft. to a poplar; thence N 73 W 280 ft.; thence N 2 E 460 ft. to the beginning, containing 30.50 acres more or less.  Description taken from previous deed of record.
Being the property conveyed Kerry Cothron and wife, Virginia Cothron, by Kerry Cothron and Glen Daniel, Jr., by quitclaim deed, dated 3/12/10, recorded 3/24/10, in Deed Book 299, Page 350, Register’s Office of Macon County, Tennessee. The said Kerry Cothron died 2/28/12, leaving the property solely to his wife, Virginia Cothron.

The property is being sold pursuant to the legal descriptions and reliance on the physical address should not be made.
Interested Parties:  Citizens Bank of Carthage, TN; Kim and Noel Smith, Hartsville, TN; and Sandra McClanahan and Charlotte Cook, Lafayette, TN
Said sale shall be to the highest bidder for cash in bar of all rights and equities of redemption, statutory or otherwise, homestead, dower, and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust. The title is believed to be good, but the undersigned will convey and sell only as Successor Trustee.  The property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.  Said sale is subject to all matters shown on any recorded plat, any unpaid taxes, easements, covenants, any prior or superior liens or encumbrances, and to any matter that an accurate survey might disclose.  This sale is also subject to the rights of any person in possession.
If a high bidder fails to close a sale, the Successor Trustee shall have the option of making the sale to the next highest bidder who is able, capable, and willing to comply with the terms thereof.  The right is reserved to adjourn the sale to another day, place or time certain, without further publication, upon announcement of same at the time of adjournment. 

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
A. Russell Brown, Attorney at Law, Successor Trustee, 112 Public Square – P.O. Box 747, Lafayette, TN  37083, 615-666-7595

Publish Dates:  September 15, September 22, and September 29
sd/17258