SUBSTITUTE TRUSTEE'S SALE
Default having been made in the terms, conditions, provisions and payments made and provided for in a deed of trust dated November 24, 2008, executed by Donna Johnson, an unmarried person, to B. Anthony Saunders, Trustee, and recorded in Book 450, page 439, Register's Office for MACON County, Tennessee, to secure the indebtedness therein described, and the entire indebtedness having been called due and payable as provided in said deed of trust, and said payment not having been made, and the lawful owner and holder of said indebtedness having appointed the undersigned, David G. Mangum, as substitute trustee by written instrument recorded in Record Book 20, page 108, in the above mentioned Register's Office, notice is hereby given that I, the undersigned substitute trustee, or my authorized agent, under the power and authority vested in me by said deed of trust, and having been requested to do so by the lawful owner and holder of said debt, will on Wednesday, April 27, 2016 at 3:45 P.M., at the front door of the Macon County Courthouse in Lafayette, Tennessee, sell at public outcry to the highest and best bidder for cash, free from the equity of redemption, homestead and dower, and all other exemptions and rights of every kind, all of which are expressly waived in said deed of trust, the following described tract or parcel of land, in the County of MACON, State of Tennessee, and more particularly described as follows, to-wit:
TRACT NO. 1 (5.30 acres):
BEING located in the 1st Civil District, Macon County, Tennessee, on the north side of Ridge Road and the west side of Akersville Road, and being a portion of the property found in Deed Book 68, Page 556, Register's Office. Macon County, Tennessee. See Tax Map 39, Parcel 83, Tax Assessor's Office, Macon County, Tennessee, and being more particularly described as follows:
BEGINNING at an iron rod in the north margin of Ridge Road, same being the southwest corner of this tract and the southeast corner of Tract #2 of the Fishburn property (5.30 acres as per survey of same date), also being 300.00 feet east of the southeast corner of Robert Hauri as you measure along said margin; thence leaving road with line of said Tract #2 North 16 degrees 18 minutes 04 seconds
East 610.14 feet to an iron rod; thence with line of James Roark South 75 degrees 25 minutes 04 seconds East 405.77 feel to an iron rod al a post; thence with line of Billy Fishburn,. R. E. Smith, and Hillous Dallas South 26 degrees 30 minutes 00 seconds West 561 .00 feet 10 an iron rod; thence continuing with line of Dallas South 63 degrees 43 minutes 04 seconds East 107. 17 feet to an iron rod in the west margin of Akersville Road; thence with said margin South 18 degrees 27 minutes 10 seconds West 55 .75 feet to a point, same being point of curvature of a curve proceeding clockwise, having a deflection angle of 89 degrees 13 minutes 11 seconds, a radius of 30.00 feet, a tangent length of 29.59 feet, and a chord of South 63 degrees 03 minutes 46 seconds West 42.14 fee t; thence along said curve an arc length of 46.72 feet to a point in the north margin of Ridge Road; thence with said margin North 72 degrees 19 minutes 38 seconds West 174.06 feet; thence North 65 degrees 18 minutes 10 seconds West 152.77 feet; thence North 66 degrees 49 minutes 05 seconds West 54.26 feet to the point of beginning containing 5.30 acres more or less as per survey by Carroll Carman, Registered Land Surveyor, Tennessee Number 910, address 150 Middle Fork Road -Hartsville, Tennessee, 37074, dated November 19, 1992.
Being the same property conveyed to Donna Johnson in the Will of Brown Johnson dated January 12, 1993, and recorded on December 18, 2001, in the Clerk and Master's Office for Macon County, Tennessee, in Will Book 6, Page 34 and an Affidavit in furtherance of title in Misc. Book 7, Page 84, Register’s Office for Macon County, Tennessee.
This property is sold SUBJECT to a first mortgage securing 985 Tuck Road, Lafayette, TN, in favor of Citizens Bank of Lafayette in the original principal amount of $17,702.42, of record in Book 450, Page 417 and assigned to Nashville Area Habitat for Humanity, Inc. of record in Book 450, Page 434, said Register’s Office, as well as SUBJECT to all existing easements, setback lines and restrictions of record in the said Register’s Office including but not limited to Restrictive Covenants of record in Book 292, Page 263, said Register’s Office.
This description was taken from the deed of trust of record in Book 450, Page 439, said Register’s Office.
PROPERTY ADDRESS: 985 Tuck Road, Lafayette, TN as shown on the tax maps of the Assessor of Property for Macon County, Tennessee.
This sale is subject to any and all unpaid real estate taxes; restrictive covenants, easements and setback lines; any and all redemption rights, including rights of redemption of any governmental agency, State or Federal, and any and all prior liens or encumbrances against said real property. Said sale is further subject to matters that an accurate survey of the property might disclose.
The property sold pursuant to this notice shall be sold “AS IS” and neither the Successor Trustee nor the beneficiary of the Deed of Trust, nor any agent or attorney therefore, makes or shall make any warranty, whether express or implied, as to the condition, quality or quantity thereof, including, but not limited to, the enforceability of any lease affecting the property, the existence or absence of defaults under or the effect or this sale upon the rights of any party under such lease. The Successor Trustee shall make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by successor Trustee’s Deed only.
The trustee may adjourn or postpone the aforementioned sale of real property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. If applicable, the Notice requirements of T.C.A. § 35-5-117 have been met.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said deed of trust.
Terms of sale: Cash
Substitute Trustee: David G. Mangum, Substitute Trustee, 2303 Franklin Road Nashville, TN 37204 (615) 255-8690
Interested Parties: Macon County General Hospital, judgment lien
Publish Newspaper: The Macon County Chronicle
Editions dated: April 5, April 12, and April 19, 2016
SUBSTITUTE TRUSTEE'S SALE