Details for Trustee's Sale" Eavenson/Matthews


WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust dated June 30, 2011, executed by Jamie L. Eavenson and Pennie A. Matthews, to U.S. Bank Trust Company National Association, Trustee, for U.S. Bank N.A., its successors and assigns, and appearing of record on July 13, 2011, in the Register’s Office of Overton County, Tennessee, at Book 95 Page 939 and Instrument Number 28209, as modified by the Loan Modification Agreement recorded on October 25, 2011, at Book 99 Page 808 Instrument 29353, said Register’s Office.

WHEREAS, U.S. Bank National Association, the party entitled to enforce said security interest; and having appointed Clear Recon LLC, the undersigned, as Substitute Trustee by instrument filed or being filed for record in the Register’s Office of Overton County, Tennessee, with all of the rights, powers, and privileges of the original Trustee named in said Deed of Trust.  

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust, and that the undersigned, Clear Recon LLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty, and authority vested and imposed upon said Substitute Trustee will, on July 16, 2019, at 1:00 PM, local time, at the East Door of the Overton County Courthouse, located in Livingston, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, paid at the conclusion of the sale, the following described property situated in Overton County, to wit:

The land referred to herein below is situated in the County of Overton, State of Tennessee, and is described as follows:

Lying and being in the Second Civil District of Overton County, Tennessee and being more particularly described as follows:

BEGINNING at a set stone in the West margin of West Howard Road, said stone being the Southeast corner of the tract herein described, also being Earl Loftis (246 - 308) Northeast corner; thence leaving Loftis and going with said road N 31 ° 48’ 51” E a distance of 178.37’ to a wood fence post being Gradie Matthews (293 - 481) Southeast corner; thence leaving said road and going with Matthews N 46° 22’ 16” W a distance of 545.07’ to a wood fence post; thence N 50° 11’ 33” W a distance of 126.27’ to a steel fence post; thence N 39° 35’ 04” E a distance of 171.46’ to a steel fence post; thence severing the land of Gradie Matthews (85 - 961) N 53° 48’ 40” W a distance of 1428.34’ to a point in the center of Sulphur Creek, being a point in Arlo Reid’s (310 - 178) East line; thence going with Reid and the center of the Old Railroad S 42° 34’ 38” W a distance of 303.55’; thence S 16° 31’ 00” W a distance of 200.00’ to a iron pin at a fence corner being Loftis Northwest corner; thence leaving Reid and going with Loftis S 61° 25’ 00” E a distance of 254.70’ 14” oak; thence S 58 ° 00’ 00” E a distance of 347.39’ to a 30” white oak; thence S 58 ° 35’ 00” E a distance of 195.53’ to a point in the fence; thence S 57° 15’ 08” E a distance of 145.98’ to a 18” walnut; thence S 57° 49’ 00” E a distance of 435.91’ wood fence post; thence S 50° 19’ 00” E a distance of 332.74’ to a point; thence S 48° 44’ 00” E a distance of 359.69’ to the point of BEGINNING, containing 17.00 acres, more or less, as surveyed by Larry Jackson RLS #2269 on 4-6-2011.

Being the same property conveyed by Quit Claim Deed from Gradie Porter Matthews and wife, Callie Evelean Mathews to Pennie A. Matthews and Jamie L. Eavenson, dated April 13, 2011, recorded on April 13, 2011, of record in Book 92, Page 944, Register’s Office, Overton County, Tennessee.

Also being a portion of the lands of the Grantors described in Record Book 85, Page 961, Register’s Office, Overton County, Tennessee. For Tax Purposes, being a portion of Tax Map 80, Parcel 10.00.

The above described tract includes a tract of land wherein the Grantors herein conveyed 28% undivided interest to the Grantees herein, which deed appears of record in Record Book 52, Page 604, in the Register’s Office of Overton County, Tennessee, and for Tax Purposes is shown as Tax Map 80, Parcel 10.03.

The purpose of this conveyance is for the division of jointly owned property.

Included in this conveyance is a 2011 Clayton Cumberland Manufactured Home.

Parcel ID: 080 01003 000

Commonly known as 648 W Howard Rd  Livingston, TN 38570

The street address and parcel number(s) of the above described property are believed to be correct; however, such references are not a part of the legal description of the property sold herein, and, in the event of any discrepancy, the legal description herein shall control

Current Owner(s) of Property: Pennie A. Matthews and Jamie L. Eavenson

Other Interested Parties: 

This sale is subject to tenant(s)/occupant(s) rights in possession.

This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Jamie L. Eavenson and Pennie A. Matthews.

If the United States or the State of Tennessee have any liens or claimed lien(s) on the Property, and are named herein as interested parties, timely notice has been given to the applicable governmental entity, and the sale will be subject to any applicable rights of redemption held by the entity as required by 26 U.S.C. § 7425 and/or Tennessee Code § 67-1-1433.  

All right and equity of redemption, statutory and otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good; however, the undersigned will sell and convey only as Substitute Trustee. 

The transfer shall be AS IS, WHERE IS, AND WITH ALL FAULTS, and without warranties of any kind, express or implied, as to the condition of the Property and the improvements located thereon, including merchantability or fitness for particular purpose.  Trustee shall make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by Substitute Trustee’s Deed only. 

The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. 

This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time. 


Clear Recon LLC

Substitute Trustee

5751 Uptain Road

Suite 514

Chattanooga, Tennessee 37411

Phone: (877) 319-8840

File No: 1292-1050A

Insertion Dates:

June 11, 2019

June 18, 2019

June 25, 2019