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Swain SUBSTITUTE TRUSTEE'S SALE Sale at public auction will be on January 11, 2017 at 11:00AM local time, at the south door, Marshall County Courthouse, Commerce Street, Lewisburg, Tennessee pursuant to Deed of Trust executed by Melba C. Swain and Stephen B. Swain and Lynn M. Swainn, to Michael Curtis, Trustee, as trustee for Beneficial Tennessee Inc. on February 22, 1999 at Record Book 260, Page 940; and as released by corrective Trust Deed Release recorded 12/5/2014 at Book 647, Page 23, and reinstated by Affidavit of Erroneous Release recorded 6/20/2016 at Book 683, Page 218; for further reference, see Final Judgment Approving Settlement and Reaffirming Trust Deed recorded 5/27/2011 at 576/232; conducted by Shapiro & Ingle, LLP, a Tennessee limited liability partnership, having been appointed Substitute or Successor Trustee, all of record in the Marshall County Register's Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable. Party Entitled to Enforce the Debt: U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, its successors and assigns. The following real estate located in Marshall County, Tennessee, will be sold to the highest call bidder: Described property located at Marshall County, Tennessee, to wit: The following described tracts of land situated in the First (1st) Civil district of Marshall County, Tennessee, to-wit:TRACT NO. ONE:"Beginning in the south margin of the Chapel Hill and Caney Springs road 628 feet from the northwest corner of the Robert Hamner land, running thence southward 3.9 chains to a stake; thence westward 6.1 chains to a stake; thence northward 3.5 chains to the south margin of the public road; thence with the road 6.1 chains to the point of beginning, and containing 2.2 acres, more or less."TRACT NO. TWO:"Being bounded on the North by Tom Beach; on the East by Highway 99 and property owned by Cecil Johnson; on the South by Highway 99; and on the West by a road known as Dyer Lane, and containing forty-eight (48) acres, more or less."This being the same property conveyed to Melba Hamler and James Hamler herein by deed dated and recorded September 20, 1975 in Book 56 at Page 605.Saving and Excepting Out Conveyance of metes and bounds to Hattie Southall recorded September 18, 1997 in Book 234 at Page 919, being Lot 1, described as follows:A certain tract of land in Marshall County, Tennessee, described as follows:Lot One, Hattie Southall Subdivision, of record in Plat Cabinet B, Register's Office for Marshall County, Tennessee.Being the same property conveyed to Melba Hamler from James Hamler, of record in Record Book 56, Page 605, Register's Office for Marshall County, Tennessee. Street Address: 2051 Old Highway 99, Chapel Hill, Tennessee 37034 Parcel Number: 020 095.00 and 020 094.00 Current Owner(s) of Property: Jeffrey Lance Taylor and Dena Sue Taylor The street address of the above described property is believed to be 2051 Old Highway 99, Chapel Hill, Tennessee 37034, 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 herein shall control. This sale is subject to, without limitation, all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances including those created by a fixture filing or any applicable homeowners’ association dues or assessments; all claims or other matters, whether of record or not, which may encumber the purchaser’s title and any matter that an accurate survey of the premises might disclose. The following parties may claim an interest in the above-referenced property to be affected by the foreclosure: Any judgment creditor or lien holder with an interest subordinate to the said Deed of Trust or any party claiming by, through, or under any of the foregoing. Such parties known to the Substitute Trustee may include: None. Any right of equity of redemption, statutory and otherwise, and homestead are waived in accord with the terms of said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. 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. If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified/bank check made payable to or endorsed to Shapiro & Ingle, LLP. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered. 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 only by the Substitute Trustee at any time. If the Substitute Trustee rescinds the sale, the purchaser shall only be entitled to a return of any money paid towards the purchase price and shall have no other recourse. Once the purchaser tenders the purchase price, the Substitute Trustee may deem the sale final in which case the purchaser shall have no remedy. The real property will be sold AS IS, WHERE IS, with no warranties or representations of any kind, express or implied, including without limitation, warranties regarding condition of the property or marketability of title. This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose. Shapiro & Ingle, LLP, a Tennessee limited liability partnership Substitute Trustee www.shapiro-ingle.com File No. 14-063027 12/09/2016 12/16/2016 12/21/2016
NOTICE OF FORECLOSURE WHEREAS, by Deed of Trust dated November 14, 2006, of record in Record Book 476, page 614, Register's Office of Marshall County, Tennessee, TIM GREEN and wife, SUSAN GREEN, did convey unto ROBERT O. BINKLEY, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and WHEREAS, Mary Ann Roberts died testate on January 26, 2016. Her Last Will and testament was duly admitted to probated in the Chancery Court of Marshall County, Tennessee, Docket #17682, and is of record in Will Book W, pages 544-549, Office of the Clerk and Master of the Chancery Court of Marshall County, Tennessee, and Charles Edward Roberts, Jr., Pamela Roberts Allen and John R. Roberts qualified to serve as Co-Executors; and WHEREAS, the Deed of Trust was assigned to Pamela Roberts Allen and John R. Roberts, Sr., Co-Trustees of the Baymar Family Trust Dated May 11, 2009, by Assignment from Charles E. Roberts, Jr., Pamela Roberts Allen and John R. Roberts, Co-Executors of the Last Will and Testament of Mary Ann Roberts, said Assignment being dated September 1, 2016, of record in Record Book 689, page 612, Register’s Office of Marshall County, Tennessee; and WHEREAS, PAMELA ROBERTS ALLEN AND JOHN R. ROBERTS, SR., CO-TRUSTEES OF THE BAYMAR FAMILY TRUST DATED MAY 11, 2009, are the owners and holders of the note secured by said Deed of Trust hereinabove referred to; and WHEREAS, W. ANDREW BOBO was appointed Substitute Trustee by Appointment of Substitute Trustee of record in Record Book 695, page 880, Register’s Office of Marshall County, Tennessee; and WHEREAS, the said real estate described in said Deed of Trust is as follows: The following described tract is Tract No. 14 of Roberts-Fuller tracts and is bounded on the North by Tract 13, East by James A. Glascock; South by Tract No. 15, West by Jesse Lane, and being more particularly described as follows: Beginning at an iron rod set in the East margin of Jesse Lane (25 feet from center) at the Southwest corner of this tract, said point being the Northwest corner of Tract No. 15, said point approximately 1220 feet in an Eastern and Northern direction from the center of Hunter Bills Road, THENCE with the East margin of Jesse Lane North 01 degrees 11 minutes East 315.00 feet to an iron rod set; thence with Tract No. 13 South 88 degrees 12' East, 743.86 feet to an iron rod set; thence with James A. Glasscock South 08 degrees 55' West, 315.65 feet to an iron rod set; thence with Tract No. 15 North 88 degrees 21' West, 701.30 feet to the point of beginning, containing 5.21 acres, more or less. Being the same realty conveyed to Tim Green and wife, Susan Green, by deed from Mary Ann Roberts, a single woman, of record in Record Book 476, page 612, Register's Office of Marshall County, Tennessee. FURTHER CONVEYED is a manufactured home which is or shall be located on the above described property and shall become and improvement thereon. WHEREAS, said Deed of Trust was made to secure the payment of a note therein set out and contained the power to sell in the case of default in the payment of said note and interest at maturity; and WHEREAS, the makers of said note have defaulted in the payment thereof, and the owner and holder of said note has declared the entire amount due and payable and has requested the undersigned to foreclose said Deed of Trust according to its terms in order to collect said note. NOW, THEREFORE, I, the undersigned, W. ANDREW BOBO, SUBSTITUTE TRUSTEE will, in accordance with the terms set out in the Deed of Trust above referred to, on January 6, 2017, at 11:00 A.M., at the east door of the Marshall County Courthouse, offer for sale and sell the above-described real estate at public auction to the highest and best bidder for cash in bar of equity of redemption and free from homestead and dower, all in accordance with the provisions of said Deed of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding real estate taxes; any applicable easements and restrictions; and prior liens or mortgages, if any Other interested parties: Internal Revenue Service; Capital One Bank (USA), N.A. Said property may be sold as a whole or by individual lots or tracts or groups of lots or tracts at the discretion of the Substitute Trustee. The right is reserved to adjourn the day of the sale to another day and time certain without further publication and in accordance with law upon announcement of said adjournment on the day and time and place of sale set forth above. The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust. Said Deed of Trust is made a part hereof as if copied verbatim herein. This sale of the Property shall be subject to any and all taxes, easements, restrictions, building lines, and assessments (plus penalty and interest, if any), and any redemptive rights of any governmental agency, State or Federal (including redemptive rights of any taxing authority by reason of any tax liens), plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust, as well as any priority created by fixture filing, and any applicable City and/or County zoning ordinances as now affect or as may later affect the parcel. If the U. S. Department of the Treasury/Internal Revenue Service, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Work Force Development are listed as interested parties in the advertisement, then the notice of this foreclosure is being given to them, and the sale will be subject to the applicable governmental right to redeem the property, all as required by 26 U.S.C. 7425 and T.C.A. 67-1-1433. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. The address of the property is known as 2420 Jesse Lane, Lewisburg, TN 37091, 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 herein shall control. This property is further identified as being Map 47, Parcel 78.00 on the records of the Tax Assessor of Marshall County, Tennessee. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This 8th day of December, 2016. W. Andrew. Bobo, Substitute Trustee BOBO, HUNT, WHITE & BURK 111 W. Side Square Shelbyville, Tennessee 37160 (931) 684-3327 ATTORNEYS FOR SUBSTITUTE TRUSTEE To be published December 9, December 16, and December 28, 2016
The Town of Chapel Hill will accept bids for Polaris Skid Unit for the Fire Department Bidders shall submit sealed bids no later than 10:00 a.m. (CST), Tuesday, December 20, 2016 at which time bids will be publicly opened and read aloud. No bid may be withdrawn after the scheduled closing time for a period of 90 days. Specifications may be obtained by emailing requests to cityofch@united.net. Bids may be mailed, hand delivered or emailed to: Mark Graves Town of Chapel Hill Polaris Skid Unit/ Tuesday, December 20, 2016 2202 Unionville Rd. Chapel Hill, TN 37034 Emailed bids should be sent to cityofch@united.net, and must include “Polaris Skid Unit/Tuesday, December 20, 2016” in the subject line. The Town of Chapel Hill will not discriminate in the purchase of all goods and services on the basis of race, color, religion, sex, national origin, age, disability or any other lawfully protected classification. Verbal bids, or bids received after the closing date will not be accepted. The Town of Chapel Hill reserves the right to reject any and all bids, to waive technicalities or informalities and to accept any bid deemed to be in the best interest of the Town.
NOTICE OF FORECLOSURE WHEREAS, by Deed of Trust dated June 20, 2005, of record in Record Book 645, page 590, Register's Office of Marshall County, Tennessee, PAUL W. KNIGHT, SR., and wife, TAMMY M. KNIGHT, did convey unto ROBERT O. BINKLEY, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and WHEREAS, Mary Ann Roberts died testate on January 26, 2016. Her Last Will and testament was duly admitted to probated in the Chancery Court of Marshall County, Tennessee, Docket #17682, and is of record in Will Book W, pages 544-549, Office of the Clerk and Master of the Chancery Court of Marshall County, Tennessee, and Charles Edward Roberts, Jr., Pamela Roberts Allen and John R. Roberts qualified to serve as Co-Executors; and WHEREAS, the Deed of Trust was assigned to Pamela Roberts Allen and John R. Roberts, Sr., Co-Trustees of the Baymar Family Trust Dated May 11, 2009, by Assignment from Charles E. Roberts, Jr., Pamela Roberts Allen and John R. Roberts, Co-Executors of the Last Will and Testament of Mary Ann Roberts, said Assignment being dated September 1, 2016, of record in Record Book 689, page 614, Register’s Office of Marshall County, Tennessee hereinafter referred to as “Assignment”; and WHEREAS, the BAYMAR FAMILY TRUST DATED MAY 11, 2009, is the owner and holder of the note secured by said Deed of Trust hereinabove referred to; and WHEREAS, W. ANDREW BOBO was appointed Substitute Trustee by Appointment of Substitute Trustee of record in Record Book 695, page 877, Register’s Office of Marshall County, Tennessee; and WHEREAS, the said real estate described in said Deed of Trust is as follows: Bounded on the North by Roy McCollum Road; East by Wayne L. Beard Et UX; South and West by a 68.14 acre tract (previously owned by Mary Ann Roberts), and being more particularly described as follows: Beginning at an existing iron rod in the South margin of Roy McCollum Road (25 feet from center) at the Northeast corner of this tract, said point being the Northeast corner of the parent tract, said point being the Northwest corner of Wayne L. Beard Et Ux, THENCE with Wayne L. Beard Et Ux and generally following the center of an old road bed South 04 degrees 00' 06" East, 645.74 feet to an existing iron rod; thence with a 68.14 acre tract (previously owned by Mary Ann Roberts) the following two (2) calls: South 87 degrees 26' 53" West, 790.07 feet to an iron rod set; North 01 degrees 52' 04" East, 677.65 feet to an iron rod set in the south margin of Roy MCollum Road (25 feet from center); thence with said margin with a curve to the left having a radius of 95.00 feet, a length on curve of 92.98 feet, chord bearing and distance being South 71 degrees 39' 21" East, 89.32 feet to an iron rod set; thence continuing with said margin the following two (2) calls: North 88 degrees 13' 56" East, 288.78 feet to an iron rod set; North 86 degrees 30' 44" East, 349.36 feet to the point of beginning; containing by survey 11.18 acres. The above described tract is subject to existing utility lines and all easements (recorded or not recorded) that a title search may reveal. The above description is taken from a survey plat dated August 6, 2004 made by Everett E. Campbell, T.R.L.S. #1488, 3046 Old Columbia Road, Lewisburg, TN 37091. Being the same property conveyed to PAUL W. KNIGHT, SR. and wife, TAMMY M. KNIGHT, by Deed from Mary Ann Roberts, Individually and as Executrix of the Last Will and Testament of Charles Edward Roberts, Sr. of record in Record Book 645, page 588, Register's Office of Marshall County, Tennessee. WHEREAS, said Deed of Trust was made to secure the payment of a note therein set out and contained the power to sell in the case of default in the payment of said note and interest at maturity; and WHEREAS, the makers of said note have defaulted in the payment thereof, and the owner and holder of said note has declared the entire amount due and payable and has requested the undersigned to foreclose said Deed of Trust according to its terms in order to collect said note. NOW, THEREFORE, I, the undersigned, W. ANDREW BOBO, SUBSTITUTE TRUSTEE will, in accordance with the terms set out in the Deed of Trust above referred to, on January 6, 2017, at 11:00 A.M., at the east door of the Marshall County Courthouse, offer for sale and sell the above-described real estate at public auction to the highest and best bidder for cash in bar of equity of redemption and free from homestead and dower, all in accordance with the provisions of said Deed of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding real estate taxes; any applicable easements and restrictions; and prior liens or mortgages, if any Other interested parties: n/a Said property may be sold as a whole or by individual lots or tracts or groups of lots or tracts at the discretion of the Substitute Trustee. The right is reserved to adjourn the day of the sale to another day and time certain without further publication and in accordance with law upon announcement of said adjournment on the day and time and place of sale set forth above. The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust. Said Deed of Trust is made a part hereof as if copied verbatim herein. This sale of the Property shall be subject to any and all taxes, easements, restrictions, building lines, and assessments (plus penalty and interest, if any), and any redemptive rights of any governmental agency, State or Federal (including redemptive rights of any taxing authority by reason of any tax liens), plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust, as well as any priority created by fixture filing, and any applicable City and/or County zoning ordinances as now affect or as may later affect the parcel. If the U. S. Department of the Treasury/Internal Revenue Service, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Work Force Development are listed as interested parties in the advertisement, then the notice of this foreclosure is being given to them, and the sale will be subject to the applicable governmental right to redeem the property, all as required by 26 U.S.C. 7425 and T.C.A. 67-1-1433. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. The address of the property is known as 2833 Roy McCollum Rd., Lewisburg, TN 37091, 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 herein shall control. This property is further identified as being Map 73, Parcel 36.00 on the records of the Tax Assessor of Marshall County, Tennessee. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This 8th day of December, 2016. W. ANDREW BOBO, Substitute Trustee BOBO, HUNT, WHITE & BURK 111 W. Side Square Shelbyville, Tennessee 37160 (931) 684-3327 ATTORNEYS FOR SUBSTITUTE TRUSTEE To be published December 9, December 16 and December 28, 2016
Notice of Public Hearing The Mayor and Council of the City of Lewisburg will hold a Public Hearing Tuesday, December 13th, 5:50 p.m. at Lewisburg City Hall, 131 East Church Street, followed by their regular monthly meeting. The public hearing will be to hear comments or opinions concerning the following: a. Ordinance 16-21, an Ordinance amending Title 14, Chapter 5 of the Municipal Code pertaining to signs (prohibiting billboards). b. Ordinance 16-22, an Ordinance to annex city owned property identified as Map 62, Parcel 22, Bounded on the South and West by the rights-of-way of Old Mooresville Pike, on the East by Cedar Ridge Landfill Inc. and on the North by the South right-of-way of State Route 373/Mooresville Hwy, Lewisburg Tennessee
NOTICE The Mayor and Council of the City of Lewisburg will hold their regular monthly meeting Tuesday, December 13th, at 6:00 p.m. at Lewisburg City Hall, 131 E. Church Street. LEWISBURG CITY COUNCIL AGENDA December 13, 2016 1) Announcements: a. Recognition of Police Officer Lonny Cook & K-9 Officer Shaun Crawford and police dog Iwan for recent accomplishments. 2) Approval of the Minutes3) Approval of the Bills & Financial Statement 4) Old Business: a. Consider approval of 2nd reading of Ordinance 16-21, an Ordinance amending Title 14, Chapter 5 of the Municipal Code pertaining to signs (prohibiting billboards). b. Consider approval of 2nd reading of Ordinance 16-22, an Ordinance to annex city owned property identified as Map 62, Parcel 22 , Bounded on the South and West by the rights-of-way of Old Mooresville Pike, on the East by Cedar Ridge Landfill Inc. and on the North by the South right-of-way of State Route 373/Mooresville Hwy, Lewisburg Tennessee 5) New Business: a. Consider approval of Resolution 16-62, a Resolution honoring former Councilman Hershel Davis for his distinguished service to the City of Lewisburg. b. Consider approval of Resolution 16-63, a Resolution to make application through TDOT Aeronautics Division for repairs to Ellington Airport Taxiway. c. Consider approval of Pilot Resolution 16-64 for project Rosemill for the purchase of real property. d. Consider approval of Resolution 16-65, a Resolution authorizing the sale and or disposal of certain used fitness equipment from the Lewisburg Recreation Center. e. Consider approval of Resolution 16-66, a Resolution to appropriate funds for the annual sampling event of the old City of Lewisburg landfill located on Rock Crusher Road. f. Consider approval of 1st reading of Ordinance 16-23, an Ordinance amending the 2016-2017 budget. g. Consider approval of assumption of property to Tennessee Board of Regents for the CSCC building located at 980 S. Ellington Parkway. 6) Other Business: a. Frank Sullivan to address Council regarding the Connelly Dream Center. b. Update on Economic Development c. Report on recent fire at Summit Apartment complex. 7) Citizen Input
The Marshall County Board of Education will meet on Monday, December 12, 2016, in the Board Conference Room, 700 Jones Circle, immediately following the 5:30 p.m. Policy Committee meeting. The agenda is as follows: •Agenda •Recognitions •Minutes •MCEA Report •Technology Update •Committee Reports/Schedule Committee Meetings •Annual Agenda •Federal Budgets •New Business •Data Information •Director’s Report •Adjourn
The Marshall County Planning Commission will meet Tuesday December 20th, 2016 at 6:00 p.m. at the Marshall County Courthouse Annex , Lewisburg, TN. second floor, room 2202. The agenda is as follows: 1.) New Business: a.) Turner and Associates Realty Inc. request a Site Plan and Plat review for the property located at 1600-06 Fayetteville Hwy, Belfast Marshall County Tax Map 081A Gp A, Parcels 015-016. b.) Horton Haven Christian Camp request a site plan review for a new structure at their facility on Reed Harris Road Marshall County Tax Map 031,Parcel 0023. The Marshall County Codes Committee will meet December 15, 2016 at 6:30 p.m. in the Courthouse Annex Room 2202, Lewisburg, TN. The Marshall County Board of Zoning Appeals will meet at 5:00 p.m. December 20,2016 in the Courthouse Annex Room 2202 Lewisburg,TN. Turner and Associates Realty Inc. request a setback variance and Site Plan and Plat review for the property located at 1600-06 Fayetteville Hwy, Belfast Marshall County Tax Map 081A Gp A, Parcels 015-016. All interested parties are invited to attend, further information about these, or other zoning matters may be obtained at the Marshall County Building Codes Office, Courthouse Annex, room 3301. Phone 931-359-8839 Marshall County is an equal opportunity provider and employer
Sheriff's Sale The Marshall County Sheriff's will be holding a Sheriff's Sale on Dec. 15, 2016 at 10:00am. The sale will be located at the Marshall County Sheriff's Office 209 1st Ave. North Lewisburg, TN 37091. The following items will be sold. 25ft Aluminum Gooseneck Horse Trailer with living quarters, and a 16ft Bumper Hitch Trailer with wire sides and wire ramp. The items may be inspected Monday thru Friday 9:00am to 3:00pm. Contact Chief Deputy Bob Johnson at (931)359-6122 for more information.
The Cornersville Board of Mayor and Aldermen is seeking an individual to fill a vacancy on this board. Anyone who is at least eighteen (18) years old and has resided in the Town for a minimum of six (6) months can be considered. Interested parties should contact a current board member or call Cornersville Town Hall at 931-293-4482.
Roberts NOTICE OF FORECLOSURE WHEREAS, by Deed of Trust dated August 12, 2006, of record in Record Book 462, page 430, Register's Office of Marshall County, Tennessee, John R. Johnson, Sr., and wife, Mary Ann Johnson, did convey unto Robert O. Binkley, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and WHEREAS, Mary Ann Roberts was the original owner and holder of the note secured by said Deed of Trust hereinabove referred to; and WHEREAS, Mary Ann Roberts died testate on January 26, 2016. Her Last Will and testament was duly admitted to probated in the Chancery Court of Marshall County, Tennessee, Docket #17,682, and is of record in Will Book W, pages 544-549, Office of the Clerk and Master of the Chancery Court of Marshall County, Tennessee, and Charles Edward Roberts, Jr., Pamela Roberts Allen and John R. Roberts qualified to serve as Co-Executors; and WHEREAS, the Deed of Trust was assigned to Pamela Roberts Allen and John R. Roberts, Sr., Co-Trustees of the Baymar Family Trust Dated May 11, 2009, by Assignment from Charles E. Roberts, Jr., Pamela Roberts Allen and John R. Roberts, Co-Executors of the Last Will and Testament of Mary Ann Roberts, said Assignment being dated September 1, 2016, of record in Record Book 689, page 588, Register’s Office of Marshall County, Tennessee; and WHEREAS, PAMELA ROBERTS ALLEN AND JOHN R. ROBERTS, SR., CO-TRUSTEES OF THE BAYMAR FAMILY TRUST DATED MAY 11, 2009, are the owners and holders of the indebtedness secured by the Deed of Trust and further assigned by the Assignment; and WHEREAS, W. ANDREW BOBO was appointed Substitute Trustee by Appointment of Substitute Trustee of record in Record Book 694, page 391, Register’s Office of Marshall County, Tennessee; and WHEREAS, the said real estate described in said Deed of Trust is as follows: Lying and being in the Fourth (4th) Civil District of Marshall County, Tennessee: Being Tract No. 11, containing 32.59 acres, more or less, as shown on the Plat of Survey noted as “PROPERTY OF: LAWTON TARPLEY” prepared by Northcutt Surveying, 117 Hickory Drive, Shelbyville, Tennessee 37160, recorded March 29, 2000, in Plat Cabinet C, Slide 44, Register’s Office of Marshall County, Tennessee. Being the same property conveyed to John R. Johnson, Sr. and wife, Mary Ann Johnson, by deed from Mary Ann Roberts, A Single Person, of record in Record Book 462, page 428, Register’s Office of Marshall County, Tennessee. BY WAY OF RECITAL, John R. Johnson, Sr., is now deceased and his wife, Mary Ann Johnson, became the sole owner of the subject property as the surviving tenant by the entireties. WHEREAS, said Deed of Trust was made to secure the payment of a note therein set out and contained the power to sell in the case of default in the payment of said note and interest at maturity; and WHEREAS, the makers of said note have defaulted in the payment thereof, and the owner and holder of said note has declared the entire amount due and payable and has requested the undersigned to foreclose said Deed of Trust according to its terms in order to collect said note. NOW, THEREFORE, I, the undersigned, W. ANDREW BOBO, SUBSTITUTE TRUSTEE will, in accordance with the terms set out in the Deed of Trust above referred to, on January 6, 2016, at 11:00 A.M., at the east door of the Marshall County Courthouse, offer for sale and sell the above-described real estate at public auction to the highest and best bidder for cash in bar of equity of redemption and free from homestead and dower, all in accordance with the provisions of said Deed of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding real estate taxes; any applicable easements and restrictions; and prior liens or mortgages, if any Other interested parties: N/A Said property may be sold as a whole or by individual lots or tracts or groups of lots or tracts at the discretion of the Substitute Trustee. The right is reserved to adjourn the day of the sale to another day and time certain without further publication and in accordance with law upon announcement of said adjournment on the day and time and place of sale set forth above. The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust. Said Deed of Trust is made a part hereof as if copied verbatim herein. This sale of the Property shall be subject to any and all taxes, easements, restrictions, building lines, and assessments (plus penalty and interest, if any), and any redemptive rights of any governmental agency, State or Federal (including redemptive rights of any taxing authority by reason of any tax liens), plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust, as well as any priority created by fixture filing, and any applicable City and/or County zoning ordinances as now affect or as may later affect the parcel. If the U. S. Department of the Treasury/Internal Revenue Service, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Work Force Development are listed as interested parties in the advertisement, then the notice of this foreclosure is being given to them, and the sale will be subject to the applicable governmental right to redeem the property, all as required by 26 U.S.C. 7425 and T.C.A. 67-1-1433. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. The address of the property is known as 2798 Cherry Corner Road, Cornersville, Tennessee 37047, 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 herein shall control. This property is further identified as being Map 100, Parcel 50.00, on the records of the Tax Assessor of Marshall County, Tennessee. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This 29th day of November, 2016. W. Andrew Bobo, Substitute Trustee BOBO, HUNT, WHITE & BURK 111 W. Side Square Shelbyville, Tennessee 37160 (931) 684-3327 ATTORNEYS FOR SUBSTITUTE TRUSTEE To be published December 2, December 9 and December 16, 2016
N O T I C E KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, by deed of trust dated the 11th day of July, 2008, of record in Book 517, Page 400, Register’s Office of Marshall County, Tennessee, Richard King, did convey in trust to Michael M. Boyd, Trustee, the tract of land hereinafter described to secure the payment of the principal sum of $130,000.00, evidenced by a promissory note payable to the order of Camuel B. Harmon, Sr., incorporated by reference in said deed of trust; and WHEREAS, default has been made in the payment of said indebtedness, and the holder and owner of said note has instructed the undersigned Successor Trustee to foreclose said deed of trust; and WHEREAS, the Trustee named in said deed of trust being unable to act, and the owner and holder of said note has appointed Tisher & Wolaver, PLLC as Successor Trustee by instrument recorded in Book 568, Page 283, Register's Office of Marshall County, Tennessee; and WHEREAS, Tisher, Wolaver, Free, Carter & Lynn PLLC is the successor entity to Tisher & Wolaver, PLLC; and WHEREAS, pursuant to T.C.A. §35-5-104, other parties interested in the tract of land herein described are the following: NONE. NOW, THEREFORE, by virtue of the authority vested in me, as Successor Trustee under said instrument, I will, on Tuesday, the 27th day of December, 2016, offer for sale and sell, at the front door of the Marshall County Courthouse in Lewisburg, Tennessee, at the hour of 11:00 a.m., to the last, highest and best bidder, for cash in hand and in bar of the equity of redemption, homestead, and all other exemptions of every kind, the following described tract of land: Located in the Sixth (6th) Civil District of Marshall County, Tennessee, and being more particularly described as follows: TRACT NO. 1: BEGINNING on a set rock in the N.E. corner of the tract, a corner of the John Cowden lands, and running thence South 4-1/2 West 121-12/25 poles to a stake; thence South 3-1/2 degrees West 205-14/25 poles to point in the center of Richland Creek; thence down said creek South 76 degrees West 24 poles; thence South 49-1/2 degrees West 20 poles; thence South 27 degrees West 12 poles; thence South 39 degrees West 8 poles; thence South 62-1/2 degrees West 8-12/25 poles; thence leaving the creek North 3-1/2 degrees East 123-15/25 poles to an iron pin in the center of the Cornersville Road the S.E. corner of the tract set apart to Tellie Alfred Park; (by decree in Minute Book X, at page 50, in the case of Herbert Park, et al., V.W.B. London et al., in the Chancery Court of Marshall County, Tennessee); thence with the east boundary line of said tract North 4 degrees East 107-22/25 poles to an iron pin; thence North 22-3/4 degrees West 60 poles to an iron pin; thence North 21 degrees West 7-11/25 poles to an iron pin; thence North 3 degrees East 11-10/25 poles to an iron pin; thence North 42-1/2 degrees East 9-10/25 poles to an iron pin; thence North 25 degrees East 22 poles to an iron pin; thence North 3-1/4 degrees East 35-10/25 poles to an iron pin in the South boundary line of the old Bell Oliver lands; thence with said Oliver’s line South 86-1/2 degrees East 26-16/25 poles to the point of beginning containing by estimation 100-116/160 acres, more or less. TRACT NO. 2: “Being a parcel of land located in the same 6th Civil District of Marshall County, known as the Tellie Alfred Park tract of land and bound as described as follows: On North by Oliver, East by Herbert Park lane, on the South by Cornersville Road and on the West by Yell Road, McGaugh and London, and containing approximately 54 acres, more or less. This being the same land sold by the Chancery Court for division on November 30, 1957, and purchased by the grantors herein named. Said property is situated adjoining the village of Ostella, Tennessee.” TRACT NO. 3: Beginning at a rock the NW corner of school lot also H.M. Luker’s corner and the NE corner of the tract; thence westwardly with the bearings of said H.M. Luker line to a rock in the Edd Woodward EB line, same being the SE corner of the H.M. Luker tract and the NW corner of this tract, thence southward with the bearing of the Edd Woodward line, to a rock being Edd Woodward’s SE corner; thence westwardly with the bearings of the said Woodward’s line to a rock in the EB line of Jackson Park line; thence S with the said Park’s line to the center of Richland Creek; thence up said creek with the meanders of said creek to a rock the SW corner of the Clift tract; thence N with Clift’s line to a rock, thence S 74 degs. W. 12 poles to a stake near the spring the beginning corner, containing 20 acres, more or less. EXCLUSIONS: THERE ARE INCLUDED WITHIN THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY, BUT EXPRESSLY EXCLUDED THEREFROM AND FROM THIS CONVEYANCE, THE FOLLOWING FOUR TRACTS OF REALTY PREVIOUSLY CONVEYED BY CORNELL KING AND WIFE, CHARLOTTE KING TO VARIOUS GRANTEES AS FOLLOWS: EXCLUSION NO. 1 (MAYBERRY EXCLUSION): Being a tract containing 2.01 acres, more or less, as described in the deed from Cornell King et ux., to PHILLIP A. MAYBERRY ET UX., by deed of record in Record Book 65, page 143, Register’s Office of Marshall County, Tennessee. EXCLUSION NO. 2 (McARDLE EXCLUSION): Being a tract containing 5 acres, more or less, as described in the deed from Cornell King et ux., to MICHAEL T. McARDLE, of record in Record Book 124, page 666, Register’s Office of Marshall County, Tennessee. EXCLUSION NO. 3(WILBURN EXCLUSION): Being a lot containing 2.08 acres, more or less, as described in the deed from Cornell King et ux., to ROBERT TERRY WILBURN AND WIFE, VICKIE LEE WILBURN, of record in Record Book 389, page 458, Register’s Office of Marshall County, Tennessee. EXCLUSION NO. 4 (BLACKBURN EXCLUSION): Being a tract containing 110.80 acres, more or less, as described in the deed from Cornell King et ux., to JAMES K. BLACKBURN, IV, of record in Record Book 453, page 121, Register’s Office of Marshall County, Tennessee. The property herein conveyed contains an estimated 55 acres, more or less, and is bounded in general according to the Maps in the Assessor’s Office of Marshall County, Tennessee, as follows: Bounded on the North by Ostella Road, Robert Terry Wilburn et ux., Thurston Flye, and Marshall County, Tennessee; Bounded on the East by Robert Terry Wilburn et ux., and Martha D. Flye Burgess; Bounded on the South by Jimmy Martin and Martha D. Flye Burgess; and Bounded on the West by Martha D. Flye Burgess, Pettus Marlin Finley and Clifford Poole. The property herein conveyed is the same property conveyed to Richard King by deed of record in Book 517, Page 397, Register’s Office of Marshall County, Tennessee. The street address for the above described property is 3898 Ostella Road, Cornersville, Tennessee 37047. The Property sold pursuant to this Notice shall be sold "AS IS," “WHERE IS,” without representations or warranties of any kind whatsoever, whether express or implied. The Successor Trustee will warrant title to the Property only against those claiming by, through or under the Successor Trustee, and will make no further warranty of title. Accordingly, the sale of the Property shall be subject to any and all prior liens, encumbrances, deeds of trust, easements, restrictions, building lines, unpaid taxes and assessments (plus penalty and interest, if any), and any applicable redemptive rights, (including any redemptive rights of any taxing authority by reason of any tax liens) plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust. The right is reserved, at Successor Trustee’s sole discretion, to adjourn the day of the sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day, time and place of sale set forth above, so long as no potential purchaser is thereby precluded from placing a bid. The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Trustee, or his agent, be cause for rejection of the bid, and, if the bid is rejected, the Trustee, or his agent, shall have the option of making the sale to the next highest bidder who is ready, willing and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in the deed of trust which is made a part hereof as if copied verbatim herein. Dated at Columbia, Tennessee, this the 30th day of November, 2016. TISHER, WOLAVER, FREE, CARTER & LYNN, PLLC T. Jake Wolaver, Successor Trustee 809 S. Main Street, Columbia, TN 38401 (931) 388-8868 12/02/2016 12/09/2016 12/16/2016