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 Whitney Brooke Hill
on the 29th day of November, 2007, to Bruce Elder, Trustee, as same appears of record in the Register’s Office of Overton County, Tennessee, in Record Book 44, page 483, and American Bank & Trust of the Cumberlands, being the owner and holder of the debt secured, name and appointed T. Michael O’Mara as Substitute Trustee in the place and stead of the said Bruce Elder, and 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 November 19, 2012 commencing at 10:00 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:
Lying and being in the 6th Civil District of Overton County, Tennessee and being more particularly described as follows:, to wit:
“Beginning at a nail in the pavement in the South margin of Harward Avenue and running thence south 10 degrees 15 minutes West 185 feet to an iron rod; thence South 81 degrees 30 minutes East 125 feet to an iron rod; thence North 7 degrees 10 minutes East 185 feet to an iron rod in the southern margin of a private drive to the Lynn Windle Riddle property; thence running with said private drive North 81 degrees 30 minutes West 115 feet to the point of beginning.
RIGHT-OF-WAY EASEMENT: There is also conveyed to the Grantees herein a right-of-way easement over and across the private drive to Lynn Windle Riddle property which extends from Harward Avenue across the northern margin of the property herein conveyed South 81 degrees 30 minutes West115 feet to an iron rod. Said right-of-way is 30 feet in width extending across the northern margin of the premises herein conveyed.
Said right-of-way easement is to run with the land herein conveyed.
The property herein conveyed is more particularly described in a plat entitled C.G. Watts, Sixth Civil District, Overton County, Tennessee, drawn by Albert B. Sells, Registered Land Surveyor, Tennessee No. 344, dated April 23, 1989, a copy of said plat is attached to WD Book 241, page 292.”
The previous and last conveyance being a Warranty Deed dated December 2, 2006 from Christopher L. Hibbs and wife, Emily A. Hibbs to Whitney Hill, a single person, and same is of record in Record Book 26, Page 750, in the register’s Office of Overton County, Tennessee.
The street address of the property is 1115 Howard Avenue, Livingston, Tennessee 38570.
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.
This property is not owner occupied; Therefore Notice of Right to Foreclose pursuant to T.C.A. § 35-5-117 was not required.
The equity of redemption, homestead, statutory right of redemption, elective share and all other rights and exemptions of every kind 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 24th day of September, 2012.
O’MARA & JOHNSON, P.L.L.C.
By: T. Michael O’Mara,
310-D East Broad Street
Cookeville TN 38501
October 30, 2012
November 6, 2012
November 13, 2012