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Trustee's Sale: Wilson (2/18/3t)

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 David J. Wilson and spouse, Judith S. Wilson on the 14th day of May, 2005, to Bruce Elder, Trustee, as same appears of record in Trust Deed Book 362, page 379, and corrected on the 14th day of May, 2005, in Record Book 11, page 531, Register’s Office of Overton County, Tennessee; and T. Michael O’Mara having been appointed Substitute Trustee per instrument recorded in Record Book 104, page 969; 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 David J. Wilson and spouse, Judith S. Wilson on the 15th day of March, 2010, to Marty Maynord, Trustee, as same appears of record in Record Book 78, page 825; and T. Michael O’Mara having been appointed Substitute Trustee per instrument recorded in Record Book 104, page 968; and

American Bank and Trust of the Cumberlands 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 March 12, 2014, commencing at 1:00 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 lying and being in the 7th Civil District of Overton County, Tennessee, to-wit:

Tract 1: Being Lots 1 and 35 of Cornerstone at Mitchell Creek-East Pointe which are hereby more fully described in the plat of record in Plat Cabinet A, Folder/Slide 152-B, Register’s Office, Overton County, Tennessee.

Being part of the same property conveyed to David J. Wilson and wife, Judith S. Wilson by deed recorded in Warranty Deed Book 305, page 540, Register’s Office, Overton County, Tennessee, being the previous and last conveyance.

The above described property is conveyed subject to the Declarations of Reservations and Restrictive Covenants recorded in Warranty Deed Book 287, page 233, and amended in Misc. Book 14, page 368, Register’s Office, Overton County, Tennessee.

The street address for Lot 1 is believed to be Cornerstone Parkway (Tax Map 5, Parcels 16.22, Tax Assessor’s Office) and the street address for Lot 35 is believed to be 101 Sunset Blvd., Allons, TN (Tax Map 5, Parcel 16.21, Tax Assessor’s Office), but such addresses are 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.

Tract 2: Being Lot 39 of Cornerstone at Mitchell Creek-East Pointe, Addition 1, which is hereby more fully described in the plat of record in Plat Cabinet B, Folder/Slide 12-A, Register’s Office, Overton County, Tennessee.

Being part of the same property conveyed to David J. Wilson and wife, Judith S. Wilson by deed recorded in Warranty Deed Book 305, page 540, Register’s Office, Overton County, Tennessee, being the previous and last conveyance.

The above described property is conveyed subject to the Declarations of Reservations and Restrictive Covenants recorded in Warranty Deed Book 287, page 233, and amended in Misc. Book 14, page 368, Register’s Office, Overton County, Tennessee.

The street address for Tract 2 is believed to be 354 East Sunset Blvd., Allons, TN (Tax Map 11, Parcel 8.40, 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.

Tract 3: Beginning at a point in the Northern right of way of Cornerstone Parkway (private road not county maintained) and being the Southeastern corner of the lands herein described and the line of Maynard; thence with said right-of-way the following calls: South 69°04’00” West 133.21’, South 64°11’00” West 123.10’, South 59°49’20” West 83.83’, South 60°43’08” West 130.18’, South 51°33’40” West 120.41’, South 33°40’ 37.34”, South 57°54’23” West 49.92’, South 66°25’44” West 34.42’, South 71°02’45” West 11.35’, South 79°35’11” West 21.71’, South 89°02’39” West 21.71’, North 81°36’27” West 21.57’, North 74°59’34” West 23.39’, North 70°37’16” West 23.48’, North 66°43’24” West 49.71’, North 62°52’39” West 61.63’, North 70°30’09” West 64.27’, North 66°11’30” West 79.15’, North 77°31’44” West 70.17’, North 81°40’00” West 93.71’, North 84°59’00” West 103.65’, North 89°57’00” West 93.78’, South 88°06’00” West 146.68’, North 76°20’05” West 75.55’, North 71°33’46” West 175.13’, North 74°48’07” West 124.63’, North 86°53’34” West 68.23’ and being a corner of Lot 8A; thence leaving said right-of-way of Cornerstone Parkway and with Lots 8A/8B and Lots 9 thru 12 Cornerstone West Pointe the following calls: North 27°18’38” West 261.92’, South 72°34’30” West 156.15’, South 72°34’30” West 459.69’, North 56°10’34” West 630.56’, South 38°23’00” West 866.96’ to a point in the U.S. Army Corp. of Engineers; thence with the U.S. Army Corp. of Engineers the following calls: North 55°41’53” West 199.13’, South 51°16’00” West 969.00’, North 58°09’00” West 305.94’ to a stone and being a corner of Upton (now Briggs); thence with Upton (Briggs) the following calls: North 46°00’00” East 155.94’, North 23°51’00” East 188.26’, North 26°17’00” East 134.83’, North 32°18’00” East 107.91’ to a rock pile at the road; thence continuing with Upton and the road the following calls: North 60°43’00” East 241.24’, North 43°05’00” East 80.11’, North 59°34’00” East 80.52’, North 50°15’00” East 159.10’, North 26°17’00” East 184.56’, North 14°12’00” East 181.53’, North 00°31’00” West 102.25’, North 25°26’00” East 224.84’, North 38°04’00” East 353.69’ to a chestnut oak; thence leaving the road and continuing with Upton North 53°54’00” East 1,096.61’ to a maple on the bluff and being a corner of Stover (now Worley), thence with Stover (now Worley) and the bluff the following calls: South 53°18’00” East 90.19’, South 57°15’00” East 64.34’, South 56°31’00” East 139.52’, South 46°54’00” East 102.34’, South 69°46’00” East 53.64’, North 63°48’00” East 56.91’, North 60°48’00” East 148.96’, North 43°20’00” East 116.38’, North 31°48’00” East 176.04’ to a rock at the base of the bluff; thence leaving the bluff and continuing with Stover the following calls: South 69°06’00” East 328.95’to a beech, South 73°03’00” East 120.39’ to a stake, South 79°19’00” East 149.61’ to a stake, South 80°04’00” East 212.77’ to stake, South 85°40’00” East 133.61’ to a hickory, North 88°23’00” East 281.48’ to a hickory, North 89°38’00” East 210.90’ to a rock and being a corner of Maynard; thence with Maynard the following calls: South 17°57’00” East 1,096.36’ to a rock pile, South 30°37’00” East 405.32’ to a point, South 33°21’06” East 174.65’ to the point of beginning, containing 138.63 acres more or less. The lands herein being a portion of those lands in Warranty Deed Book 305, Page 540 as recorded in the Overton County Register of Deeds Office. Included in the above described lands is that area used and reserved for sewage treatment and disposal. This description taken from the following sources: (1) Boundary which joins the U.S. Army Corp. of Engineers, Upton, Stover and Maynard from the previous deed as recorded in Warranty Deed Book 305, Page 540, (2) Boundary which joins Cornerstone Parkway from information shown on a survey Cornerstone at Mitchell Creek West Pointe recorded in Plat Cabinet “A” Folder 152B and Cornerstone at Mitchell Creek East Pointe recorded in Plat Cabinet “A” Folder 152A in the Overton County Register of Deeds Office, (3) Boundary which joins Lots 8A and 8B West Pointe from an unrecorded re-subdivide of Lot 8 Cornerstone West Pointe by David A. Sells RLS 1795 and dated 6-29-2004, (4) Boundary which joins Lots 9 thru 12 Cornerstone West Pointe from a survey Cornerstone at Mitchell Creek West Pointe recorded in Plat Cabinet “A” Folder 152B in the Overton County Register of Deeds Office. Due to the fact that this description was taken from the above named sources and not survey in its entirety at this time the acreage (138.63 acres) may vary slightly, should a new boundary survey be completed.

The previous and last conveyance for the property hereinabove described is a Quitclaim Deed from Cornerstone at Mitchell Creek, LLC, to David J. Wilson and Judith S. Wilson recorded in Warranty Deed Book 305, page 540, in the Register’s Office of Overton County, Tennessee.

The street address of Tract 3 is believed to be Cornerstone Parkway, Livingston Tennessee (Tax Map 5, Parcel 16.00, 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.

INCLUDED IN THE ABOVE DESCRIPTION BUT SPECIFICALLY EXCLUDED FROM THIS SALE ARE THE FOLLOWING LOTS:

(a) Lots 68, 69, 77, 78, 79, 81, 84, and 85 of North Pointe at Mitchell Creek more particularly described in Plat Cabinet B, page 14B, Register’s Office of Overton County, Tennessee; and

(b) Lots 52, 53, 54, 55, 56, 57, 58, 59, 60, and 63 of Northwest Pointe at Mitchell Creek more particularly described in Plat Cabinet B, page 12B, Register’s Office of Overton County, Tennessee; and

(c) 5.97-acre tract: Beginning at a rock at the bluff and being the Northern most corner of the lands herein described and in the line of David Wilson (Record Book 4, page 352); thence severing the Grantor (David Wilson, Warranty Deed Book 305, page 540) South 58°38’09” East 248.30’ to a point in the Northern right-of-way of North Pointe Trail; thence with the right-of-way of a cul-de-sac around a curve to the left a length of 114.87’ (Radius 50.00’, Chord 86.12’, Chord Bearing South 50°03’14” West); thence continuing with said right-of-way around a curve to the left a length of 114.87’ (Radius 50.00’, Chord 86.12’, Chord Bearing North 83°48’10” East); thence continuing with the Southern and Western right-of-way of North Pointe Trail, North 66°55’42” East 20.38’, North 89°29’00” East 7.72’, South 69°43’58” East 10.28’, South 36°27”04” East 16.16’, South 20°42’10” East 21.99’, South 07°24’49” East 23.51’, South 00°56’08” East 59.41’, South 15°56’18” East 32.00’, South 31°47’18” East 60.03’, South 26°37’10” East 55.88’, South 10°46’45” East 55.96’, South 05°59’45” East 110.09’; thence leaving said right-of-way and severing the Grantor South 33°34’37” West 178.30’ to a 24” chestnut oak, North 57°28’41” West 750.39’ to the bluff and being in the line of David Wilson (Record Book 4, Page 352); thence with Wilson and the bluff North 64°21’35” East 56.32’, North 61°19’51” East 147.59’, North 43°46’11” East 116.15’, North 32°14’43” East 176.55’ to a rock and being the point of beginning, containing 5.97 acres, more or less. The lands herein described being those lands in Warranty Deed Book 305, Page 540 as recorded in the Overton County Register of Deeds Office. This description taken from survey and plat by David A. Sells, RLS#1795 and dated 3-25-2005. This description and survey subject to any and all right-of-ways, easements, exceptions and/or restrictions, recorded or unrecorded, which may affect this property.

This sale shall be subject to the following matters:

(A) Subject to any matters that are shown on the plat of record in Plat Book B, page 12A and Book A, page 152-B.

(B) Subject to restrictions and covenants applicable to said subdivision recorded in the Register’s Office of Overton County, Tennessee, in Miscellaneous Book 14, page 368 and Warranty Deed Book 287, page 233, which are covenants and restrictions running with the land.

(C) Subject to By-Laws of Cornerstone Development Homeowners Association, Inc., of record in Record Book 66, page 360, and as amended in Record Book 75, page 119.

(D) Subject to a Dedication of Roadways, Common Areas, Guard House and Gate for Cornerstone at Mitchell Creek Subdivision: East Pointe, East Pointe Addition I, West Pointe and Northwest Pointe, of record in Record Book 66, page 798.

(E) Possibly subject to an Easement for Ingress and Egress and Easement for Installation of Service for Utilities to Arno Proctor of record in Record Book 65, page 86.

(F) Subject to permanent and perpetual easements recorded in Warranty Deed Book 188, page 425 and Warranty Deed Book 288, page 123.

(G) Possibly subject to an Oil & Gas Lease of record in Lease Book 35, page 191.

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: People’s Bank & Trust of the Cumberlands; Cornerstone Development Homeowners Association, Inc.; and tenant(s)’ rights in possession, if any.

The equity of redemption, statutory right of redemption, homestead, dower, elective or distributive share, any right of appraisement or valuation and all other exemptions of every kind 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 Substitute 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 Substitute Trustee reserves the right to postpone or set over the date of sale in the event the Substitute 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 Substitute 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 Substitute 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 Substitute Trustee.

Signed, this 15th day of January, 2014.

T. Michael O’Mara,

Substitute Trustee

By: Don O. Johnson, Attorney

O’Mara & Johnson, PLLC

310-D East Broad Street

Cookeville, TN 38501

Telephone: (931) 526-8812

Insertion Dates:

February 18, 2014

February 25, 2014

Marchh 4, 2014

2/18/3tc

 

 
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