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 Norman Miranda and spouse Dorita Miranda
on the 24th day of October, 2006, to Stephen L. Forgey, Trustee, as same appears of record in the Register’s Office of Overton County, Tennessee, in Record Book 24, page 740, and American Bank & Trust of the Cumberlands 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 December 17, 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:
Beginning at a point in the south margin of East Wilmoth Road, said point being N83 degrees 50’17”W 206.84’ from an iron pin at the intersection of East Wilmoth Road and Laycock Lane; thence leaving said road and severing Charlie Peek Heirs S09 degrees 27’44”W 139.80’; thence S14 degrees 25’38”W 648.18’ to a wood post at a fence corner, being Laycock’s northwest corner; thence with Laycock’s west line S06 degrees 56’30”W 188.57’ to a 22” Ash in a fence line, being Clark’s northeast corner; thence leaving Laycock with Clark’s north line S85 degrees 23’53”W 67.00’; thence S88 degrees 14’34”W 80.82’; thence N84 degrees 00’15”W 37.63’; thence leaving Clark and severing Charlie Peek Heirs N06 degrees 12’45”E 318.50’ to an iron pin; thence S83 degrees 23’12”E 136.78’ to an iron pin at the center line of a 20’ access easement (Charlie Peek Lane); thence continuing with the center line of said easement N06 degrees 12’47”E 481.68’ to a point in the south margin of East Wilmoth Road; thence with the south margin of said road S83 degrees 50’17”E 286.40’ to the beginning. Containing 4.19 acres, more or less, as surveyed by Alfred M. Bartlett, R.L.S. #762 on September, 15 1998.
The previous and last conveyance and/or Grantors’ source of equitable interest for the property hereinabove described is: By a Warranty Deed from Kathy Jane Phillips and husband Ralph Harold Phillips to Norman Miranda and wife, Dorita Miranda recorded in Record Book 24, page 738, in the Register’s Office of Putnam County, Tennessee.
The street address of the property is 207 Charlie Peek Lane, Rickman, Tennessee 38580.
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 owner occupied; Notice of Right to Foreclosure has been given to the owner pursuant to T.C.A. § 35-5-117.
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 19th day of November, 2012.
O’MARA & JOHNSON, P.L.L.C.
By: T. Michael O’Mara,
310-D East Broad Street
Cookeville TN 38501
November 20, 2012
November 27, 2012
December 4, 2012