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 July 23, 2009, executed by STEVE WITHEM and TERESA LOCKHART, conveying certain real property therein described to JOE CARTER, Trustee for Citizens Bank of Lafayette. Said Deed of Trust is of record in Trust Deed Book 462, Page 199, Register’s Office, Macon County, Tennessee; and
WHEREAS, Citizens Bank of Lafayette is the true and lawful holder of the debt, has declared the entire indebtedness due and payable, has appointed the undersigned, GREG W. TRAYLOR, 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 that affects the above described property;
NOW, THEREFORE, by the authority vested in me as Successor Trustee, I will on the 12th day of May, 2016, at 10:00 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: 067 Parcel 105.00, situated in the 4th Civil District, Macon County, Tennessee:
TRACT NO. 3 of the Lockhart Property:
Lying and being in the 4th Civil District of Macon County, Tennessee, on the west side of Dark Hollow Road, and being more particularly described as follows:
BEGINNING at an iron rod in the center of Dark Hollow Road, same being the northeast corner of this tract and the eastern most southeast corner of Timmy Jones; thence with center of said road for the next nine (9) calls: South 60 degrees 23 minutes 08 seconds East 82.51 feet to a point; thence along a curve proceeding clockwise, having a deflection angle of 53 degrees 42 minutes 13 seconds, a radius of 161.28 feet, a tangent length of 81.65 feet, and a chord of South 53 degrees 29 minutes 00 seconds East 145.70 feet; thence along said curve an arc length of 151.17 feet; thence South 29 degrees 19 minutes 57 seconds East 141.86 feet; thence South 37 degrees 27 minutes 13 seconds East 70.69 feet; thence South 48 degrees 03 minutes 07 seconds East 42.07 feet; thence South 43 degrees 13 minutes 52 seconds East 81.22 feet; thence South 50 degrees 57 minutes 32 seconds East 156.05 feet to a point, same being point of curvature of a curve proceeding clockwise, having a deflection angle of 37 degrees 32 minutes 51 seconds, a radius of 374.70 feet, a tangent length of 127.37 feet, and a chord of South 32 degrees 11 minutes 06 seconds East 241.18 feet; thence along said curve an arc length of 245.55 feet; thence South 13 degrees 24 minutes 41 seconds East 10.00 feet to an iron rod in center of said road; thence leaving road with line of Tract #2 of the Lockhart property (8.26 acres as per survey of same date) South 74 degrees 13 minutes 13 seconds West 447.22 feet to an iron rod at a 2-inch stump; thence with line of Ben Ellis North 38 degrees 25 minutes 08 seconds West 419.54 feet to an iron rod; thence with line of Timmy Jones North 47 degrees 54 minutes 42 seconds East 305.67 feet to an iron rod at a 14-inch maple tree; thence North 35 degrees 45 minutes 22 seconds West 338.13 feet to an iron rod at a maple tree; thence North 46 degrees 42 minutes 32 seconds East 29.66 feet to the point of beginning containing 5.75 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 February 5, 1998.
Being the property conveyed to Danny Lockhart and wife, Teresa Lockhart by Deed from Dariel Meador, dated 2/9/99, recorded 11/19/99 at 1:40 PM in Deed Book 230, Page 465, Register’s Office of Macon County, Tennessee. The aforementioned Danny Lockhart (a/k/a Gregory Daniel Lockhart) and Teresa Lockhart (a/k/a Teresa Ann Frazier Lockhart) were granted a divorce by Agreed Order filed September 20, 2003 in Book 35, Page 459, Clerk and Master’s Office of Macon County, Tennessee. Further, the aforementioned were granted one-half (1/2) each of the net proceeds from the sale of property by Order filed December 29, 2003 of record in Book 36, Page 21, Clerk and Master’s Office of Macon County, Tennessee.
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.
Greg W. Traylor, Attorney at Law Successor Trustee, 112 Public Square, Lafayette, Tennessee 37083 615-666-7595
Publish Dates: April 12, 2016; April 19, 2016; April 26, 2016.