SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE OF REAL ESTATE
Default having been made in the terms, conditions, provisions, and payments made and provided for in a Deed of Trust dated July 25, 2005, executed by Miss Annie’s Rustic Park Restaurant, Inc. to Martin L. Haggard, Jr., Trustee of record in Record Book 199, Page 957, ROLCT for the use and benefit of Wayne County Bank to secure the indebtedness therein described and the entire indebtedness having been called due and payable as provided in said Deed of Trust and Note, and said payment not having been made; and
WHEREAS, Wayne County Bank, nominated and appointed Alan C. Betz as Substitute Trustee, and vested him all rights, powers and privileges of Trustee in said Deed of Trust; and
NOW, THEREFORE, notice is hereby given that I, the undersigned Substitute Trustee, under the powers and authority vested in me by said Deed of Trust, and, having been requested to do so by the lawful owner and holder of said debt, will on Thursday, July 26, 2018 at 10:30 A.M. at the east door of the Lawrence County Courthouse, sell at public auction or outcry to the highest bidder for cash, free from the equity of redemption, homestead, statutory right of redemption, and all other exemptions and rights of every kind including a statutory right to an elective share, all of which are expressly waived in said Deed of Trust, the following tract of land in Lawrence County, Tennessee, more particularly described as follows:
Situated, lying and being in the 2nd Civil District of Lawrence County, Tennessee being a part of the Mistorbend tract of land on the Jackson Highway northeast, further described as follows, to-wit:
BEGINNING at a stake on the Jackson Highway, running East 102 poles to branch; thence South 25 poles to a stake; thence West 108 poles to the Jackson Highway to a stake; thence North with said Jackson Highway to a stake 25 poles to place of beginning, containing 16 3/8 acres more or less.
This being the same property conveyed to Miss Annie’s Rustic Park Restaurant, Inc. from Ann B. Holden and husband, Gailon Holden by deed dated September 12 1990 of record in Deed Book 250, Page 258, ROLCo., Tennessee.
INCLUDED IN THE ABOVE DESCRIPTION BUT EXCLUDED FROM THIS CONVEYANCE IS THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING at a point located on the southwest corner of the property, the common corner with property owned by Arnolus H. Wellman and Patsy A. Wellman of record in Book 298, Page 747, ROLCo., Tennessee, said point being on the east existing right of way of SR 6 and being 0.500 meters (1.64 feet) more or less left of SR 6 survey centerline station 4+466.500 more or less; thence with a curve to the right in a northeasterly direction along the existing right of way of SR 6 an arc length of 126.649 meters (415.51 feet) on a radius of 1,090.784 meters (3,578.64 feet) to a point located on the northwest corner of the property owned, the common corner with the property owned by Royce F. Alkins and Mildred J. Alkins of record in Book 240, Page 54 and being 5.500 meters (18.05 feet) more or less right of SR 6 survey centerline station 4+493.500 more or less; thence South 81 degrees 33 minutes 39 seconds along the common line 24.577 meters (80.63 feet) to a point on the common line, said point located also on the east proposed right of way of SR 6 and being 30.015 meters (98.47 feet) right of SR 6 survey centerline station 4+595.062; thence South 10 degrees 12 minutes 14 seconds West along the proposed right of way of SR 6 and being 125.922 meters (413.13 feet) to a point located on the south line of the property owned, the common line with property owned by Arnoldus H. Wellman and Patsy A. Wellman and being 29.571 meters (97.02 feet) right of SR 6 survey centerline station 4+467.305; thence North 82 degrees 16 minutes 14 seconds West along the common line and being 30.017 meters (98.48 feet) to the point of beginning containing 0.3594 hectares (0.888 acres) more or less.
This exclusion being the same property conveyed to State of Tennessee by Agreed Order of Possession filed May 14, 2001 of record in File No. CC 1014 01, Circuit Court Office Lawrence County, Tennessee.
Property address: 3926 Highway 43S and Highway 6, St. Joseph, Tennessee
Current Owner: Miss Annie’s Rustic Park Restaurant, Inc.
Map 169, Parcel 54.00 and 54.0001
Other interested parties: TN Department of Environment and Conservation
That the proceeds of the said sale will be applied first to all expenses of the sale including but not limited to, reasonable Substitute Trustee’s and attorneys’ fees and the costs of publication; secondly; to pay all sums secured by the Deed of Trust, and thirdly, if any remains, to the person or persons legally entitled to it.
This sale will be made subject to all matters shown on any recorded plan, any and all unpaid taxes and assessments, all valid restrictions, liens, covenants, easements, setback lines, fixture filings, or liens of any nature, if any, of record on said property and any matter that an accurate survey of the premises might disclose.
This property is to be sold in my capacity as Substitute Trustee, and no further or otherwise, and the buyer shall rely upon buyer’s own good judgment and investigation as to the status of the title. The right is reserved to adjourn the day of the sale to another day without further publication upon announcement at the time and place for the sale set forth above.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 20th day of June, 2018
ALAN C. BETZ, SUBSTITUTE TRUSTEE (TN REG #10372)
22 Public Square, P. O. Box 488
Lawrenceburg, Tennessee 38464