WHEREAS, by Deed of Trust recorded in the Register’s Office for Scott County, Tennessee, in Trust Deed Book 247, Page 510, on September 15, 2008, Daniel Woods and wife, Angelina Woods conveyed to Leslie E. Winningham, Trustee, the hereinafter described real property, to secure the payment of one Promissory Note dated September 10, 2008 in the amount of One Hundred Thousand ($100,000.00) Dollars to East Tennessee Enterprise Partnership, Inc., all as fully set forth in said Deed of Trust and Promissory Note; and
WHEREAS, by Appointment of Substitute Trustee dated March 7, 2014 and recorded in Miscellaneous Book 187, Page 763, in the Register’s Office for Scott County, Tennessee, on March 12, 2014, Joseph G. Coker was appointed as Substitute Trustee of said Deed of Trust; and
WHEREAS, default has been made in the payment of the above referenced indebtedness, and other provisions of the Trust Deed have been violated, and the legal holder of the Promissory Note secured by the said Trust Deed has declared the entire amount due and payable as provided in said Trust Deed, and the undersigned, as Substitute Trustee, has been directed to foreclose the aforesaid Trust Deed in accordance with the terms thereof, and the public is hereby notified that the undersigned Substitute Trustee will sell the hereinafter described real estate at public auction, to the highest and best bidder, for cash in hand, on the front steps of the Scott County Courthouse in Huntsville, Tennessee, at 12:00 Noon on Tuesday, November 28, 2017, said property to be sold in bar of the equity of redemption.
Subject lands are set forth as follows:
Lying on the water of Straight Fork Creek and beginning with a black oak stump and a stake the corner of the old Straight Fork School and Bobby Lee Lay and wife Wanda Lay property and running Westward 112 feet to a black gum and corner with James Day and wife, Sandra Day; thence Southward 188 feet to a white oak corner with James Day and wife, Sandra Day property; thence Westward 90 feet to a stake and cornering with Jeffrey Boshears and wife, Teresa Lee Boshears property; thence running 180 feet Southward to a stake; thence running Eastward with Bobby Lee Lay and wife Wanda Lay property 89 feet to a stake; thence running Northward with Bobby Lee Lay and wife Wanda Lay property 79 feet to a stake; thence running Eastward with Bobby Lee Lay and wife, Wanda Lee property 59 feet to a stake; thence running Northward with the old Straight Fork School property 220 feet to a the beginning corner.
For further reference see Deed Book 207, Page 305 in the Register’s Office for Scott County, Tennessee.
Records in the Property Assessor’s Office for Scott County, Tennessee, identify the above described property as follows: Tax Map: 107, Group: N/A, Control Map: 107, Parcel: 039.02.
Being property located at Straight Fork Creek, Huntsville, Tennessee 37756.
This sale will be free from the equitable right of redemption under the laws of the State of Tennessee, homestead, dower and other exemptions, the same having been waived in said Trust Deed, and will be subject to all unpaid taxes and subject to any easements and restrictions or prior liens or mortgages of record, if any. If the highest bidder is unable to comply with the terms of the sale, I reserve the right to proceed to the next highest bidder able to comply or to re-advertise if I so choose. The right is reserved to adjourn the day of sale to another date and time certain without further publication upon announcement at the time set above. The holder of the Promissory Note shall have the right to bid at said sale.
The Substitute Trustee is aware of an Easement from Scott County Board of Education to Bob Lay dated November 1, 1976 and recorded in Miscellaneous Book 47, Page 425 in the Register’s Office for Scott County, Tennessee on November 1, 1976 and therefore Scott County Board of Education is an interested party to this Substitute Trustee’s Sale and will receive a copy of this Notice of Substitute Trustee’s Sale of Real Estate via Certified Mail #70160600000084622758.
The Substitute Trustee is further aware of an Oil and Gas Lease between Bobby Lee Lay and wife, Wanda Lay and M.L. McGinnis dated April 25, 1968 and recorded in Miscellaneous Book 25, Page 430 in the Register’s Office for Scott County, Tennessee and therefore M.L. McGinnis is an interested party to this Substitute Trustee’s Sale and will receive a copy of this Notice of Substitute Trustee’s Sale of Real Estate via Certified Mail #70151520000245458793.
To the best of the Substitute Trustee’s knowledge, information, and belief, there are no Federal or State tax lien claimants or other claimants upon the subject property which would require notice pursuant to the terms and provisions of T.C.A. §35-5-104 or T.C.A. §67-1-1433 or 26 U.S.C. §7425.
This 27th day of October, 2017.
JOSEPH G. COKER, SUBSTITUTE TRUSTEE