NOTICE OF SALE

OF REAL ESTATE

WHEREAS, on July 23, 2021, by deed of trust recorded in the Register’s Office of Lewis County, Tennessee, in Record Book 233 at page 703, ROLCT, Steven Haley and wife, Amanda Haley, conveyed to Cagle & Boehms, LLC, Trustee, the hereinafter described real estate to secure the payment of a note; and

WHEREAS, by instrument dated September 24, 2021, of record in Record Book 236 at page 657, ROLCT, the holder and owner of said note appointed Jack B. D. Heath as substitute trustee; and

WHEREAS, default has been made in the payment of said indebtedness and TennTex Farms, Inc., c/o Gene Medford, the owner and holder of said indebtedness, has declared the entire amount due and payable as provided in said deed of trust, and the trustee has been directed to foreclose on same in accordance with the terms thereof; and

WHEREAS, pursuant to T.C.A. 35-5-101, the owner and holder of said indebtedness has given lawful notice to the debtor of the Lender’s right to foreclose prior to the publication of this Notice of Sale of Real Estate.

WHEREAS, pursuant to T.C.A. 35-5-104, other parties that may have an interest in the tract herein described are the following:

1. Lewis County, Tennessee (county taxes)

2. City of Hohenwald, Tennessee (city taxes)

3. Lewis County Solid Waste

NOW THEREFORE, the public is hereby notified that the undersigned trustee will sell the hereinafter-described real estate at public auction, to the highest and best bidder, for cash in hand, at the front (East) door of the courthouse located at 110 N. Park Street, in Hohenwald, Lewis County, Tennessee, at 10:00 o’clock a.m. on the 2nd day of November, 2021, said property to be sold, free from the equity of redemption, homestead and dower, but subject to unpaid real estate taxes, unpaid solid waste fees, any liens or encumbrances prior to the subject deed of trust, and any priority created by a fixture filing, if any.

The street address of the real estate to be sold is 209 Smith Avenue, Hohenwald, TN 38462, and said property is located in the Third (3rd) Civil District of Lewis County, Tennessee, and being more particularly described as follows:

Beginning at a stake in the north boundary line of the Old Linden Road, formerly A. T. Overbey’s southwest corner; and runs westerly with the north boundary line of said old Linden Road, 93 feet to a stake, formerly Levi Baker’s (now McDonald’s) southeast corner; thence north with the formerly Levi Baker’s (now McDonald’s) east boundary line, 220 feet to a stake; thence in an easterly direction, 114 feet 8 inches to an iron stake; thence south 250 feet to the beginning.

Included within the above-described property, but excluded from this conveyance and not conveyed hereby is the following tract or parcel of land conveyed to David Thomas et ux. by deed of W. W. McDonald, dated January 17, 1977, of record in Deed Book A-11 at page 664, ROLCT, and being more particularly described as follows:

“Beginning on an iron stake, W. W. McDonald’s most eastern northeast corner; and runs thence with his east boundary line south 5 degrees west 110 feet to an iron pin in the fence; thence north 86 degrees west 99 feet to a stake; thence north 1 degree west 110 feet to an iron pin; thence south 86 degrees east, passing a corner of McDonald at 35 feet, in all 110-1/2 feet to the point of beginning, containing 26/100 (0.26) acre, more or less, according to survey of Thomas E. Lawson, Registered Land Surveyor, Tennessee License No. 650, dated January 15, 1977.”

The following paragraph appears in deed of record in Deed Book A-52, page 670, and prior deeds:

“There is also conveyed in this deed the right to use the driveway of the McDonald’s, a private road 30 feet in width going north from Smith Street to the property of the said David Thomas et ux., as conveyed in this deed and which right to use said driveway or private road shall be a permanent easement running with the land hereafter,”

This conveyance is made subject to the restriction as recited in Deed Book KK, page 106, and prior deeds as follows: “No building of any sort, including a dwelling house, will be erected on the property herein conveyed within thirty (30) feet of the South Boundary of said property and this restriction is binding upon the said J. B. Merrett, his heirs, successors and assigns.”

Being the same property conveyed to Steven Haley and wife, Amanda Haley by deed of TennTex Farms, Inc., dated July 23, 2021, of record in Record Book 233, page 700, ROLCT.

This property is known as Map 36L, Group F, Parcel 22.00 in the Tax Assessor’s Office of Lewis County, Tennessee.

The Real Property and improvements thereon, if any, will be sold AS IS WHERE IS without warranties or representations of any kind. The sale held pursuant to this Notice may be rescinded at the 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.

I reserve the right to take or accept the next highest or best bid as such sale should the last and highest bidder fail or refuse to comply with the terms of sale for any reason. In such event, I shall also reserve the right to reopen the bidding or republish and sell said Real Property at my option. The Beneficiary may become the purchaser at the sale. The Trustee reserves the right to conduct the sale by or through his agents or attorneys acting in his place or stead, including the use of an auctioneer.

This 27th day of September, 2021.

JACK B. D. HEATH,

SUBSTITUTE TRUSTEE

Jack B. D. Heath,

Attorney at Law

19 Cedar Street

Hohenwald, TN 38462

Telephone: 931/796-7974

Telefax: 931/796-7924

41/3tc

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