Notice of SUCCESSOR trustee’s sale
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated February 8, 2010, executed by Stephen L. BArber, conveying certain real property therein described to Joe Carter, Trustee for Citizens Bank. Said Deed of Trust is of record in Trust Deed Book 469, Page 260, 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 23rd day of December, 2014, at 10:30 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: 070 Parcel 012.08, situated in the 12th Civil District, Macon County, TN;
BEING located in the 12th Civil District, Macon County, Tennessee, and described as follows:
BEGINNING at an iron rod in the west margin of New Harmony Road, same being the southeast corner of this tract and the northeast corner of Tract #7 of the Allen property (5.01 acres as per survey of same date), also being 1288.07 feet north of the northeast corner of Elwood Farley as you measure along said margin; thence leaving road with lien of said Tract #7 North 45 degrees 03 minutes 51 seconds West 780.58 feet to an iron rod; thence with line of Tract #6 of the Allen property (74.89 acres as per survey of same date) North 37 degrees 21 minutes 57 seconds East 221.81 feet to an iron rod at a cedar snag; thence with line of Adams North 89 degrees 31 minutes 17 seconds East 161.12 feet to an iron rod at a 12-inch ash tree; thence with line of Tract #9 of the Allen property (5.01 acres as per survey of same date) South 35 degrees 05 minutes 53 seconds East 704.15 feet to an iron rod in the west margin of New Harmony road; thence with said margin South 44 degrees 14 minutes 30 seconds West 179.98 feet to a point, same being point of curvature of a curve proceeding counter-clockwise, having a deflection angle of 2 degrees 04 minutes 12 seconds, a radius of 908.00 feet, a tangent length of 16.40 feet, and a chord of South 43 degrees 12 minutes 24 seconds West 32.80 feet; thence along said curve an arc length of 32.80 feet to the point of beginning containing 5.01 acres more or less by survey by Carroll Dean Carman, Registered Land Surveyor, Tennessee Number 910, address 150 Middle Fork Road, Hartsville, Tennessee 37074, dated August 22, 1995.
Being the same property conveyed to Stephen Barber by warranty deed from Barry Witcher, dated January 31, 2006, and of record in Deed Book 274, Page 122, Register’s Office, Macon County, Tennessee. Also see Quitclaim Deed dated April 9, 2011, of record in Deed Book 310, Page 426, Register’s Office, Macon County, Tennessee, wherein Sherry Loftis conveyed any interest she may have had in said property to Stephen Barber.
The physical address of this property is thought to be 2832 New Harmony Road, Hartsville, TN 37074, but the property is being sold pursuant to the legal description and reliance on the physical address should not be made.
Stephen L. Barber and Stephen Barber is one and the same person.
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: November 18, November 25 and December 2