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 William J. Johnson and Deborah Johnson
on the 3rd day of November, 2009, to Charles Maynord, Trustee, as same appears of record in the Register’s Office of Overton County, Tennessee, in Record Book 73, page 797; 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 January 4, 2013 commencing at 11:00 a.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 tract of property, to-wit:
Located in the 6th Civil District of Overton County, Tennessee, and more particularly described as follows:
TRACT I: Beginning on the North margin of the Copeland Cove Road, where same intersects with a branch; thence running Northwestwardly with the margin of the branch to the Amon Speck line; thence Eastwardly with Speck’s line, meandering with the mountain to Davis line; thence continuing Eastwardly with Davis line to a set stone, Allred line; thence Southwardly with Allred line to the line of Swallows; thence Westwardly with the line of Swallows to the margin of the Copeland Cove Road; thence with Copeland Cove Road Westwardly to the point of Beginning.
TRACT II: Beginning on the South margin of the Copeland Cove Road, where same intersects with the West side of a branch; thence with said branch, Southwardly to the Swallows line; thence with the Swallows line Westwardly to Huddleston line; thence with Huddleston, North to the Copeland Cove Road; thence with the Copeland Cove Road, Eastwardly to the point of Beginning.
There is Excluded from Tract II above and not conveyed herewith the following described tract of land: Beginning at the Northeast corner of the garden plot, a set stone; thence Southeastwardly with the garden to the center of a road, or lane; thence with the road or lane, Southwardly to a stone, Swallows line; thence Northwardly with the branch to the Copeland Cove Road; thence with the road Westwardly to the point of Beginning.
The previous and last conveyance being a Quit-Claim deed to Deborah Johnson f/k/a Deborah McGinley, recorded in Record Book 72, Page 628, Register’s Office of Overton County, Tennessee.
The street address of the property is 549 Copeland Cove Road, Livingston, Tennessee 38570 (Tax Map 64, Parcel 25.01, 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.
STATE TAX LIENS: Such property is subject to (i) a State Tax Lien by the Tennessee Department of Revenue against Deborah J. Johnson dba WD Maintenance & Repair, dated September 2, 2010 and recorded September 9, 2010, of record in Record Book 84, page 576; and (ii) a Notice of State Tax Lien by the Tennessee Department of Labor and Workforce Development against Deborah J. Johnson, individually and dba WD Maintenance & Repair, dated October 20, 2011 and recorded October 28, 2011, in Record Book 99, page 886, Register’s Office for Overton County, Tennessee. Notice of said sale required by T.C.A. Section 67-1-1433(b)(1) to be given to the State of Tennessee Department of Revenue and to the State of Tennessee Department of Labor and Workforce Development has been timely given, and said sale will be subject to the right of the State of Tennessee to redeem such property, as provided in T.C.A. Section 67-1-1433(c)(1).
OTHER INTERESTED PARTIES: Capital One Bank (USA), N.A.
The equity of redemption, statutory right of redemption, 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.
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 8th day of November, 2012.
Charles Maynord, Trustee
c/o Don O. Johnson, Attorney
O’Mara & Johnson, PLLC
310-D East Broad Street
Cookeville, TN 38501
Telephone: (931) 526-8812
December 11, 2012
December 18, 2012
December 25, 2012