IN THE PROBATE COURT FOR LAWRENCE COUNTY, TENNESSEE
Case No. P18-1840
RE: ESTATE OF JOYCE TIDWELL
NOTICE OF PROBATE COURT LAND SALE
Pursuant to a decree rendered by the Probate Court, at Lawrenceburg, Tennessee filed on August 14, 2019 in the above styled case I will on Saturday, September 14, 2019 at 10:00 a.m., sell at public auction to the highest and best bidder the property belonging to the Estate of Joyce Tidwell.
The sale will be held on the premises at 15 Henryville Road, Ethridge, TN. The property being more particularly described as follows:
Land in the 10th Civil District of Lawrence County, Tennessee, being Tract 4 on the Survey of Thomas E Carroll as of record in Book 17, Page 167, ROLCo., Tennessee more particularly described as follows:
BEGINNING at a point in the center of the Lawrenceburg-Henryville Road said point being South 29 degrees 15 minutes 45 seconds East 437.49 feet from the northeast corner of the tract from which this is part, and the southeast corner of the lands of Clay Levon Kennemer as shown in Deed Book 170, page 123; running in the center of said road South 29 degrees 15 minutes 45 seconds East 145.30 feet to point; thence leaving said road South 63 degrees 57 minutes 27 seconds West 32.06 feet to a steel pin; thence South 63 degrees 57 minutes 33 seconds West 369.48 feet to a steel pin; thence North 19 degrees 01 minutes 28 seconds West 145.00 feet to a steel pin; thence North 63 degrees 46 minutes 58 seconds East 25.00 feet to the point of beginning. Containing 1.2890 acres of land more or less.
Description according to survey of David H. Parsons, TRLS #1693, dated June 4, 1996.
The following restrictions shall be in effect for a term of twenty years.
1. The property shall be limited to a one dwelling house.
2. The dwelling shall have a minimum heated space of 1500 square feet.
3. A double wide manufactured home on a permanent foundation of brick or stone will be permitted.
4. The tract shall be maintained and free of refuse.
This being the same property conveyed to Linda D. Fisher from Thomas E. Carroll by Quit Claim Deed dated September 24, 2002 of record in Record Book 92, Page 783, ROLCo., Tennessee.
KENNETH FISHER, HUSBAND OF LINDA D. FISHER, HEREBY JOINS IN THE EXECUTION OF THE WARRANTY DEED FOR THE PURPOSE OF CONVEYANCE OF ANY MARITAL INTEREST HE MAY HAVE IN AND TO SUBJECT REAL ESTATE.
Being and Lying in the Tenth (10th) Civil District of Lawrence County, Tennessee, lying on the west side of the Lawrenceburg-Henryville Road, and being more particularly described as follows, to-wit:
Beginning at a point in the center of Lawrenceburg-Henryville Road that is northwardly, a distance of approximately 660 feet from the center of Buffalo Road; thence with a line severing the property of Thomas E. Carroll as recorded in Deed Book 283, Page 149, Register’s Office of Lawrence County, Tennessee, south 62 degrees 33 minutes 38 seconds west passing an iron rod set at a distance of 25.00 feet a total distance of 246.12 feet to an iron rod set; thence south 30 degrees 31 minutes 21 seconds east a distance of 191.00 feet to an iron rod set; thence south 88 degrees 40 minutes 29 seconds west a distance of 208.15 feet to an iron rod set; thence with the east boundary line of the property of Connie Powell as recorded in Deed Book 283, Page 728, Register’s Office of Lawrence County, Tennessee, north 20 degrees 17 minutes 15 seconds west a distance of 150.27 feet to an existing iron rod; thence with the south boundary line of the property of Linda D. Fisher as recorded in Record Book 92, Page 783, Register’s Office of Lawrence County, Tennessee, north 62 degrees 33 minutes 38 seconds east, passing an iron rod set at a distance of 376.35 feet a total distance of 401.35 feet to the center of Lawrenceburg-Henryville Road; thence with the center of the road south 30 degrees 31 minutes 21 seconds east a distance of 50.07 feet to the point of beginning and containing 1.05 acres, more or less, according to a survey by Cleghorn Land Surveying dated March 27, 2003, Job No. 2003-030.
Being a portion of the same property conveyed to Thomas E. Carroll by deed of Margaret Dugan and Angela S. Dugan, dated November 18, 1995, of record in Deed Book 283, Page 149, Register’s Office of Lawrence County, Tennessee.
This conveyance is subject for twenty (20) years to the following restrictive covenants: Said tract shall be limited to one dwelling house of a minimum heated living area of 1500 square feet or a double-wide manufactured home on a permanent brick or stone foundation. Additionally, said tract shall be well maintained and free of refuse.
It is expressly agreed and understood that this conveyance is subject to the existence of a drainage or leach line which is part of the leach line for the adjacent property owned by the Grantor herein. It is expressly agreed and understood that Thomas E. Carroll, his successors and assigns, reserves a license to service and maintain the leach line and that the Grantee shall do nothing to impede said access to same.
This conveyance is also subject to any roadway easements or utility lines (which are underground).
Location of Sale: 15 Henryville Road, Ethridge, TN
Date of Sale: September 14, 2019
Time of Sale: 10:00 a.m.
Tax Map 53, Parcel 1.06 and 1.08
TERMS OF SALE: The above real estate will be sold for cash with 10% down day of sale with the balance due on or before 30 days from date of the sale’s confirmation by the Court. The sale will be held open for ten (10) days until September 24th, 2019 at 10:00 a.m., during which time a person may come to the office of the Clerk and Master at the Lawrence County Courthouse and raise the highest bid received at the auction by 10% and depositing 10% of that bid with the court. If the bid is advanced another auction will be held at the Lawrence County Courthouse on Wednesday, September 25th, 2019 at 10:00 a.m. The high bidder on that day will be the buyer. If the bid is not advanced, the high bidder at the sale will be the buyer. Possession passes upon delivery of deed. Taxes for 2019 to be assumed by the buyer all prior years’ taxes to be paid from the proceeds of the sale. Announcements made day of sale take precedence over all printed material.
ALL PROPERTY WILL BE SOLD “AS IS” WITH NO WARRANTIES AS TO THE CONDITION OF THE PROPERTY OR ANY IMPROVEMENTS OR FIXTURES THEREON OR THEREIN, AND WITH NO REPRESENTATION BEING MADE AS TO THE STATE OF THE TITLE OR THE ACCURACY OF THE LEGAL DESCRIPTION OF THE REAL PROPERTY.(Said property will be sold subject to all rights-of-way and easements, applicable building/zoning regulations, any restrictive covenants, as well as any defects including structural defects and/or contamination, if any, which may exist. The Special Commissioner has undertaken NO inspections, examination or clean-up of the subject property.)
Kristy Gang, Special Commissioner
240 West Gaines St., NBU #13
Lawrenceburg, TN 38464
KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, by deed of trust dated the 18th day of September, 2017, of record in Book 517, Page 564, Register’s Office of Lawrence County, Tennessee, Mary Susan Carvell did convey in trust to Jim B. Robinson, Trustee, the tract of land hereinafter described to secure the payment of the principal sum of $45,000.00, evidenced by a promissory note payable to the order of Heritage Bank & Trust, 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 the undersigned as Successor Trustee by instrument recorded in Book 569, Page 794, Register’s Office of Lawrence County, Tennessee; and
WHEREAS, pursuant to T.C.A. §35-5-104, other parties interested in the tract of land herein described are the following:
NOW, THEREFORE, by virtue of the authority vested in me, as Successor Trustee under said instrument, I will, on Tuesday, the 17th day of September, 2019, offer for sale and sell, in front of the east door of the Lawrence County Courthouse in Lawrenceburg, 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:
SITUATED within the City of Lawrenceburg in the 8th Civil District of Lawrence County, Tennessee and within the Carrollwood Subdivision, Section 2, the official and governing plat of which subdivision is of record in Plat Cabinet A, Slide 33 (formerly Plat Book 1, Page 67), Register’s Office of Lawrence County, Tennessee, to which records reference are here particularly made; and the specific land, so situated, hereby transferred and conveyed is described, including bounds or lines, as follows: Being all of Lot #79.
This conveyance is made pursuant to and in accordance with said official and governing plat and subject to the Restrictive Covenants recorded in Book 128, Page 269, Register’s Office of Lawrence County, Tennessee and Deed Book 188, Page 173, Register’s Office of Lawrence County, Tennessee.
Subject to letter of recommendation of boundary agreement as set out in Deed Book 270, Page 498, Register’s Office of Lawrence County, Tennessee.
This being the same property conveyed to Lance C. Carvell and wife, Mary Susan Carvell by Warranty Deed dated August 6, 2007 from Mary Lou Krieger and Amy Hagan of record in Record Book 269, Page 56, Register’s Office of Lawrence County, Tennessee. Also see Final Decree of Divorce in Case No. 15-088-10 filed December 8, 2015 of record in Minute Book 155, Page 136, Clerk & Master’s Office of Lawrence County, Tennessee.
Also see Quitclaim Deed from Lance C. Carvell, a/k/a Lance Calvin Carvell to Mary Susan Carvell dated October 20, 2015 of record in Record Book 477, Page 812, Register’s Office of Lawrence County, Tennessee.
Tax Parcel # 77P-F-023.00
The street address for the above-described property being more commonly known as 502 Daniel Drive, Lawrenceburg, TN 38464.
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 19th day of August, 2019.
MIDDLE TENNESSEE LAW GROUP, PLLC
T. Jake Wolaver, Esq., Successor Trustee
809 S. Main Street, Suite 100
Columbia, TN 38401
NOTICE OF TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated 11/28/1988, and the Deed of Trust of even date securing the same, recorded 04/26/1991, in Trust Book:316 Page: 351-355, in Office of the Register of Deeds for Lawrence County, Tennessee, executed by Mark A. Holt Assumed by Duane M. Counce and Misty W. Counce, conveying certain property therein described to Randle B. Richardson, State Director as Trustee for Rural Housing Service, U.S. Department of Agriculture, as nominee for Rural Housing Service, U.S. Department of Agriculture, its successors and assigns; and the undersigned, The Sayer Law Group, P.C., having been appointed Successor Trustee by Randle B. Richardson, State Director, as trustee for Rural Housing Service, U.S. Department of Agriculture.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of The Sayer Law Group, P.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by Randle B. Richardson, State Director, as trustee for Rural Housing Service, U.S. Department of Agriculture, will, on 09/17/2019 on or about 12:00 pm, at the Lawrence County Courthouse, 240 West Gains Street, Lawrenceburg, TN, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Lawrence County, Tennessee, and being more particularly described as follows:
Situated in the 9th Civil District of Lawrence County, Tennessee, on the north side of Norton Road, described as follows:
BEGINNING at a stake or point on the north side of Norton Road, 300 feet east of the intersection of Airport Road and Norton Road, being the southwest corner of the property herein conveyed, and the southeast corner of the property heretofore conveyed to Randall Hanson in Deed Book 213, page 90, ROLCT; thence north along the east boundary line of Hanson, 125 feet to a stake or point, being the northwest corner of the lot herein conveyed; thence north 61 deg. east 165 feet to a stake in Boyd Davis’ west boundary line, the northeast corner of the lot herein conveyed; thence south 4 deg. west 169 feet to a stake in the north margin of Norton Road; thence west with the north margin of Norton Road, 150 feet, more or less, to the point of beginning and being LOT NO. 1 on the survey made by Thomas A. Campbell of the Niedergeses property lying on the north side of Norton Road.
Being the same property conveyed to Duane M. Counce and wife, Misty W. Counce, by deed dated April 26, 1991 from Mark A. Holt and wife, Christy C. Holt, of record in Deed Book 253, pages 381/83, Register’s Office of Lawrence County, Tennessee.
ALSO KNOWN AS: 4008 Norton Rd, Lawrenceburg, TN 38464
Parcel ID: 076 03207 000
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:
MARK A. HOLT ASSUMED BY DUANE M. COUNCE AND MISTY W. COUNCE
UNKNOWN SPOUSE OF DUANE M. COUNCE
UNKNOWN SPOUSE OF MISTY W. COUNCE
PARTIES IN POSSESSION
CAPITAL ONE BANK (USA), N.A.
O’REILLY AUTOMOTIVE STORES, INC.
LAWRENCE COUNTY SOLID WASTE
The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. 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.
DATED August 9, 2019
THE SAYER LAW GROUP, P.C.,
AS SUCCESSOR TRUSTEE