NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, by Deed of Trust dated February 17, 2005, and recorded in TD Book 358, Page 310, in the Overton County Register of Deeds Office, Robert S. Davis and wife, Nicole P. Davis
, conveyed in trust to T. Mike Estes, Trustee for Farm Credit Services of Mid-America, FLCA certain real estate hereinafter described, to secure the payment of the principal sum of $50,000.00, evidenced by a certain Promissory Note, said instruments being incorporated herein by reference; and
WHEREAS, Farm Credit Services of Mid-America, FLCA, the owner and holder of said indebtedness, appointed James E. Bondurant, Jr., as Substitute Trustee, by Appointment of Substitute Trustee dated November 12, 2012, and recorded in Record Book 114, Page 294, in the Overton County Register of Deeds Office; and
WHEREAS, default has been made in the Deed of Trust referenced above and the owner and holder of the Note described above has declared the entire balance of the Note and Deed of Trust due and payable and has instructed the undersigned Substitute Trustee to foreclose said Deed of Trust in accordance with their terms and provisions.
NOW, THEREFORE, by the authority vested in me as Substitute Trustee under said instruments, I will on the 21st day of February 2013, at 12:30 p.m. CST at the East door of the Overton County Courthouse located in Livingston, Overton County, Tennessee, offer for sale and sell the property at public outcry to the highest and best bidder, for cash, free from the equity of redemption and all statutory rights of redemption, homestead, and dower, all of which are expressly waived in said Deed of Trust, said property therein conveyed, being more particularly described as follows:
LYING AND BEING in the 3rd Civil District of Overton County, Tennessee, and lying along the western side of Simmental Lane and being all of those six (6) tracts of property described in WD Book 313, Page 678 and as described in TD Book 358, Page 310 in the Overton County Register of Deeds Office.
OIL, GAS and MINERAL RESERVATION: This conveyance is subject to a reservation in favor of Maurice F. Stone, his successors and assigns, of all oil, gas, coal, lead, zinc, aluminum, fire clay, and other minerals in, upon, and under these premises, together with all rights and privileges in, upon and under these premises reasonably necessary for the purpose of effectively and efficiently prospecting and exploring for, drilling or mining by any process, and removing the same; as reserved in WD Book 280, page 33 and in WD Book 281, page 564, both in the Overton County Register of Deeds Office.
BEING the same property conveyed to Robert S. Davis and Nicole P. Davis, husband and wife, by deed from George D. Meyers, dated February 17, 2005 and recorded in WD Book 313, Page 678, in the Register’s Office for Overton County, Tennessee.
The address of the subject property is on or about 124 Simmental Lane, Hilham, Tennessee 38568; this property is further identified as CLT# 025-008.04.
The above-described property will be sold subject to any and all unpaid taxes, restrictions, easements and building setback lines, and to any prior or superior liens, judgments or Deeds of Trust.
The proceeds of the sale will be applied in accordance with the terms and provisions of the above-named Deed of Trust. Said sale is being made upon the request of Farm Credit Services of Mid-America, FLCA, owner and holder of the indebtedness secured by said Deed of Trust, due to the failure of the makers to comply with all provisions of said Deed of Trust.
Other parties interested as defined by Tennessee statutes and to whom the Substitute Trustee has given notice of the sale includes the following: Robert S. Davis and Nicole P. Davis
Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Substitute Trustee shall have the option of accepting the second highest bid, or the next highest bid with which the buyer is able to comply.
The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above.
JAMES E. BONDURANT, JR.
CROLEY, DAVIDSON & HUIE, PLLC
1700 First Tennessee Plaza
Knoxville, TN 37929
January 29, 2013
February 5, 2013
February 12, 2013