TRUSTEE’S NOTICE OF SALE
Default having been made in the payment of the debts and obligations secured to be paid by a certain deed of trust executed by A.F. (Pat) Officer, III
on the 8th day of June, 2009, to Jim Evans, Trustee, as same appears of record in Record Book 67, page 772, Register’s Office of Overton County, Tennessee; and
Default also having been made in the payment of the debts and obligations secured to be paid by a certain deed of trust executed by A.F. (Pat) Officer, III on the 6th day of August, 2012, to Rusty Robbins, Trustee, as same appears of record in Record Book 111, page 855; and Jim Evans having been appointed Substitute Trustee of said deed of Trust; and
First National Bank of Tennessee being the owner and holder of the debts secured, having requested the undersigned to advertise and sell the property described in and conveyed by the said deeds of trust, all of the said indebtedness having matured by default in the payment of a part thereof, this is to give notice that the undersigned will on September 4, 2013 commencing at 2:00 p.m., at the east door of the Overton County Courthouse, Livingston, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described tracts of property located in the 6th Civil District of Overton County, Tennessee, and more particularly described as follows, to-wit:
TRACT NO. 1: Lying and being in the 6th Civil District of Overton County, Tennessee, and described as follows: Lot No. 5 in Section 2 of the Overton Heights Addition to the town of Livingston. A plat of the Overton Heights Addition to the Town of Livingston appears of record in the Register’s Office of Overton County, Tennessee, in Plat Book 1, pages 21 et seq. (now Plat Cabinet A, Folder 69).
RESTRICTIONS: This tract is subject to the following restrictions and covenants, and said restrictions and covenants shall run with the land and be binding upon all future owners of said land:
1. Said property shall be used solely for residential purposes.
2. No house or residence shall be constructed thereon having less than one thousand (1,000) feet of heated floor area.
3. There shall be no temporary buildings maintained on said land, and this to expressly include mobile homes and other types of moveable homes.
4. There shall be no used residential property moved thereon.
5. There shall be no junkyards operated or maintained on the premises.
6. The exterior of any home erected on the premises shall not remain unfinished for a period longer than 12 months from the time construction began.
TRACT NO. 2: Beginning at a metal stake on the West side of Hillcrest Drive in the TVA power line easement and running thence southwestwardly 115 feet with Hillcrest Drive to a metal stake in the line of A.F. (Pat) Officer, Jr.; thence northwestwardly 103 feet with the line of A.F. (Pat) Officer, Jr. to a point and metal stake in the TVA power line easement; thence South 75 degrees 30 minutes East 94 feet to the beginning corner.
The previous and last conveyance being a Quitclaim Deed from Michael D. Officer and wife, Jennifer Officer and Jane A. Officer unto A.F. “Pat” Officer, III, recorded the 26th day of April, 2005 in Book 314, page 627, Register’s Office of Overton County, Tennessee.
The street address of the above-described property is believed to be: 607 Greenfield Drive, Livingston, TN 38570 (Tax Map 45O, Group F, Parcel 5.00, Tax Assessor’s Office), but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
Said sale shall be subject to any unpaid property taxes, to any additional prior, liens, leases, encumbrances, to any rights of redemption not heretofore expressly waived, and to all applicable reservation of minerals, easements, rights-of-way, setback lines and restrictions.
The equity and statutory rights of redemption, homestead, curtesy and dower, appraisement and the marshaling of liens and assets are waived in said deeds of trust, and the title is believed to be good, but the undersigned will sell and convey only such title as he may convey as Trustee there being no representations or covenants of warranty of title made hereby.
It will be the responsibility of the successful bidder to obtain possession of the property at his expense, and any damage, vandalism, theft, destruction, or other loss or damage to the property occurring subsequent to the date of sale shall be at the risk of the successful bidder.
The Trustee reserves the right to postpone or set over the date of sale in the event the Trustee deems it best for any reason at the time of sale to postpone or continue this sale from time to time, with such notice of postponement as deemed reasonable by the Trustee. In the event the highest bidder at such sale fails to complete his purchase of the subject real property within the applicable time allowed, the undersigned Trustee reserves the right to complete the sale of the subject real property, without further notice or advertisement, to the next highest bidder who is able to consummate his purchase of the property within the time permitted by the Trustee.
Signed, this 19th day of July, 2013.
Jim Evans, Trustee
c/o Don O. Johnson, Attorney
310-D East Broad Street
Cookeville, TN 38501
Telephone: (931) 526-8812
August 20, 2013
August 27, 2013
September 3, 2013