NOTICE OF SUCCESSOR TRUSTEE’S SALE- Rural Developments, LLC
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated March 7, 2008, executed by RURAL DEVELOPMENTS, LLC, conveying certain real property therein described to JOE CARTER, Trustee for Citizens Bank. Said Deed of Trust is of record in Trust Deed Book 439, Page 124, 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 Deed 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 24th day of April, 2014, at 11:30 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: 0046; Parcel 008.05, situated in the 6th Civil District, Macon County, TN;
Lying and being in the 6th Civil District of Macon County, Tennessee and beginning at an iron pin in the west margin of Lake Road, being the southeast corner of this tract of land and the northeast corner of Old Colonial Hotel property also 231.32’ north of the southeast corner of the Old Colonial Hotel property at Highway 52; thence with the Old Colonial Hotel property and other McClellan heir property N 88 W 526.08’ to an iron pin in the west margin of College Street; thence with College Street N 88 W 15’; thence with College Street N 14-37 E 522.22’; thence with College Street N 14-31 E 496.00’ to the intersection of Lake Road; thence with Lake Road S 17-53 E 60.26’; thence with Lake Road S 0-08 E 599.70’; thence with Lake Road N 88 W 15’ to the beginning containing 8.45 acres more or less.
INCLUDED in the above description but EXCLUDED from this conveyance is a small portion of land taken by the State of Tennessee for construction, maintenance and use as a highway bridge on Lake Road at the creek.
INCLUDED in the above description but EXCLUDED from this conveyance is a small portion of land deeded to Dickie Claywell on 4/7/97, recorded 4/18/97 in DB 210, P 246-48, ROMC, TN, and more particularly described as follows:
BEGINNING at an iron pin old at the west margin of Lake Road, being the southeast corner of this tract and a corner to David Moneypenny property described in deed book 136 page 225 and 231.32 feet north of the Old Colonial Hotel Property; thence with Moneypenny north 88 degrees west 266.69 feet to an iron pin new; being a corner to the remaining property of Claywell; thence with a line severing the land of Claywell north 9 degrees 39 minutes 33 seconds east 67.51 feet to an iron pin new; south 86 degrees 09 minutes 11 seconds east 254.29 feet to an iron pin new at the east margin of Lake Road; thence with the east margin of Lake Road south 1 degree 26 minutes 39 seconds east 58.82 feet to the point of beginning containing 0.38 acre more or less. Description taken from previous deed.
Being the same property conveyed to Rural Developments, LLC, by warranty deed dated September 19, 2007, recorded in Deed Book 285, Page 358, Register’s Office, Macon County, Tennessee.
Included in this conveyance are water rights to spring located on the property across the street. Said rights were previously conveyed to John Cook from Jimmy & Sandra Claywell, see DB 241, pg 89, ROMC, TN.
The physical address of this property is thought to be Old Lake Road, Red Boiling Springs, TN, but the property is being sold pursuant to the legal description and reliance on the physical address should not be made.
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
112 Public Square – P.O. Box 747
Lafayette, TN 37083
Publish Dates: April 1, April 8 and April 15