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 Mark H. White and Cindy M. White
on the 13th day of April, 2010, to Charles Maynord, Trustee, as same appears of record in the Register’s Office of Overton County, Tennessee, in Record Book 79, page 471; and Jim Evans having been appointed Substitute Trustee; and First National Bank of Tennessee being the owner and holder of the debt secured, having requested the undersigned to advertise and sell the property described in and conveyed by the said deed 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 October 26, 2012 commencing at 11:00 a.m., at the site of the property, 1083 Bradford Hicks Drive, Livingston, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described tract of property, to-wit:
Located in the Sixth (6th) Civil District of Overton County, Tennessee, described as follows:
Tract 1: Beginning at iron pin same located on the South side of State Highway 42 By-Pass, and being the Northwest corner of the W & O Construction Co., Inc. office property owned by R. L. Oakley and W. J. Webb; thence North 69 degrees 00 minutes West 30 feet; thence North 70 degrees 29 minutes West 65 feet; thence North 74 degrees 16 minutes West 45 feet; thence North 75 degrees 00 minutes West 10 feet to an iron pin and State of Tennessee right-of-way; thence South 20 degrees 04 minutes West 193.8 feet to an iron pin on East side of Preston Street; thence North 84 degrees 20 minutes West 15 feet to an iron pin; thence South 5 degrees 40 minutes West 50 feet along East side of Preston Street; thence South 85 degrees 50 minutes East 160 feet’ to an iron pin; thence North 19 degrees 50 minutes East 210.8 feet to an iron pin and beginning point; Same being known as the Goodyear Tire property.
Tract 2: Beginning at the point of intersection of the existing South right-of-way line of S.R. 42 and the existing East right-of-way of Preston Street, said point being ninety (90) feet right of S.R. 42 centerline station 25 + 40.25 on Highway Project F-024-3(10); thence South 18 degrees 41minutes 04 second West One Hundred Ninety-Three and Five-Tenths (193.5) feet along the existing East right-of-way line of Preston Street to a point thirty (30) feet left of Preston Street centerline station 8 + 85; thence North 85 degrees 30 minutes West five and zero-tenths (5.0) feet along the existing East right-of-way line of Preston Street to a point twenty-five (25) feet left of Preston Street centerline station 8 + 85; thence North 4 degrees 30 minutes East One Hundred Fifty-Five and Zero-Tenths (155.0) feet along a new right-of-way line to a point twenty-five (25) feet left of Preston Street centerline station 7 + 30; thence North 62 degrees 35 minutes 10 seconds East Sixty-One and Seventy-Seven Hundredths (61.77) feet along a new right-of-way line to the point of beginning. Containing 0.10 acres.
This conveyance is subject to the following conditions:
No junkyards as defined in U.S.C. Section 136, shall hereafter be established or maintained on land released as excess to highway needs. No signs, billboards, outdoor advertising structures or advertisement of any kind as provided for in 12 U.S.C. Section 131, shall be hereafter erected, displayed, placed or maintained upon or within the land released, except that signs may be erected and maintained to advertise the sale, hire, or lease of the property, or the principal activities conducted on the land upon which the signs are located.
The grantees, for themselves, their heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, do hereby covenant and agree that: [a] no person, on the ground of sex, handicap, race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of any public facilities which may be constructed on the above described land;  that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first-tier sub-contractors and by first-tier sub-contractors in the selection and retention of second-tier sub-contractors;  that such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation, and vehicle servicing) constructed or operated on the above described land; and  that the grantees comply with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; Title 49, Code of Federal Regulations Part 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance; and 23 U.S.C. Section 324.
The previous and last conveyance of both tracts being deeds to Mark H. White and wife, Cindy M. White, of record in WD Book 305, page 248 and WD Book 308, page 628, Register’s Office of Overton County, Tennessee.
The address of the above described property was formerly known as 7283 Bradford Hicks Drive, Livingston, TN 38570 and is now known as 1083 Bradford Hicks Drive, Livingston TN 38570, which is the 911 address of the property (Map 45-J, Group A, Parcel 2.05 Tax Assessor’s Office).
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.
OTHER INTERESTED PARTIES: LVNV Funding, LLC
The equity of redemption, statutory right of redemption, all rights of homestead, curtesy and dower, appraisement, and the marshaling of liens and assets are waived in said deed 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.
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 28th day of September, 2012.
c/o Don O. Johnson, Attorney
O’Mara & Johnson, PLLC
310-D East Broad Street
Cookeville, TN 38501
Telephone: (931) 526-8812
October 2, 2012
October 9, 2012
October 16, 2012