Notice of Substitute Trustee's Sale - Miller

WHEREAS, on April 12, 2019, LYNDA Y. MILLER, Et. Vir. by Deed of Trust of record in Trust Deed Book 678, at Page 607, in the Register’s Office of Carroll County, Tennessee, conveyed the following described property in trust to secure the payment of a Promissory Note dated April 12, 2019, payable to BANK OF GLEASON; and WHEREAS, the undersigned was appointed Substitute Trustee by BANK OF GLEASON, the legal owner and holder of the said Note, by appointment executed on September 20, 2023 and recorded in Trust Deed Book 735, at Page 167, in the Register’s Offi ce of Carroll County, Tennessee; and WHEREAS, default has been made in the payment of said indebtedness and other provisions of the Deed of Trust have been violated, and BANK OF GLEASON, the lawful owner and holder of the said indebtedness, has declared the entire amount due and payable as provided by the Deed of Trust in accordance with the terms thereof, and instructed the undersigned to foreclose. NOW, THEREFORE, the public is hereby notifi ed 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 paid in certifi ed funds paid at the conclusion of the sale, or upon a credit bid from a bank or other lending entity pre-approved by the Substitute Trustee. The auction shall occur at the east door of the Courthouse at Huntingdon, Carroll County, Tennessee, on Tuesday, October 24, 2023, at 4:00 o’clock p.m., said property to be sold in bar of the equity of redemption and subject to the lien of all special assessments against it. Lying, and being situate in the 2nd and 4th Civil District of Carroll County, Tennessee, bounded and described as follows; to-wit: TRACT NO. 1: LOT NO. 1: BEGINNING at the northwest corner of the Intersection of Stonewall and Magnolia Streets and runs west with the north margin of Magnolia Streets (and runs west with the north margin of Magnolia Street) 150 feet to a stake; thence North 160 feet to a stake; thence East 160 feet to the west margin of Stonewall Street; thence South with the west margin of Stonewall Street 160 feet to the beginning. LOT NO. 2: ADJOINING the above-described lot on the north side of West Magnolia Street and being about 78 feet wide east and west and 230 feet long north and south and is bounded on the north by Brummitt; on the south by Magnolia Street; on the east by Lot No. 1 and on the west by A. J. Hayes. LOT NO. 3: ADJOINING the above-described lots and located on the west side of Stonewall Street and extends about 70 feet north and south and 150 feet east and west and BOUNDED on the north by Brummitt; on the south by Lot No. 1; on the east by Stonewall Street; on the west by Lot No. 2. (Descriptions taken from prior deed of record) For source of title see Warranty Deed Book 345, at Page 424, in the Register’s Offi ce of Carroll County, Tennessee. Map 12E, Group M, Parcel 010.00 The street address of the above-described property is believed to be 242 Magnolia Ave., McKenzie, Tennessee 38201, 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. TRACT NO. 2: BEGINNING at a point in the center of Jones Street 200 feet west of the west margin of the Trezevant to McLemoresville Road; runs thence South 88 degrees West with the center of Jones’ Street 444 feet; thence leaving Jones Street and continuing on in a straight line 436 feet, 880 feet in all to a stake in the east lien of M. M. Martin, Jr.; thence north 2 degrees West with Martin’s east line 558 feet to a stake, George Belew’s southwest corner; thence with Belew’s south line East 180 feet to a stake, South 65 degrees East 184 feet to a corner fence post; thence South 59 degrees East 52 feet to a stake, George Smith’s northwest corner; thence South 32 degrees with Smith’s west line 110 feet to a stake, Smith’s southwest corner; thence North 63 degrees 30 minutes East with Smith’s south line 150 feet to a stake, Jeff Blank’s northwest corner; thence South 28 degrees East with Blank’s and McReynolds West line 300 feet to a stake, McReynolds’ southwest corner; thence North 63 degrees 30 minutes East with McReynolds’ south line 100 feet to a stake, an inner corner of McReynolds; thence South 24 degrees East 193 feet to the point of beginning, containing 7.6 acres, more or less. For source of title see Warranty Deed Book 345, at Page 217, in the Register’s Offi ce of Carroll County, Tennessee. Map 077, Parcel 029.02 The street address of the above-described property is believed to be Main St., Trezevant, Tennessee 38258, 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. TRACT NO. 3: LOT NO. 1: Being a certain tract or parcel of real estate in the 4th Civil District of Carroll County, Tennessee, described as follows: BEGINNING at a stake on the east margin of Como Road (this margin being 25 feet from center) and the southwest corner of McKenzie City Park; 25 feet from center) and the southwest corner of McKenzie City Park; thence, South 87° 40’ East 994 feet to a stake, this being the northwest corner of Bethel College property; thence, South along Bethel College’s west line, 847 feet to a stake in a fence, this being Bass’ northeast corner; thence, North 87° 00’ West 977 feet to a stake on the east margin of Como Road; thence, along the east margin of Como Road, North 1° 30’ West 906 feet to the point of beginning. INCLUDED IN THE FOREGOING DESCRIPTION, BUT EXPRESSLY EXCLUDED THEREFROM, is the following described property: BEGINNING at a stake on the east margin of Como Road (this margin being 25 feet from center) and 260 feet south along said east margin of Como Road from the southwest corner of McKenzie City Park; thence, South 87° 00’ East 366’ feet to a stake in a ditch; thence, South 13° 30’ West 102 feet along said ditch to a stake; thence, North 87° 00’ West 341 feet to a stake on the east margin of Como Road; thence, along the east margin of Como Road, North 1° 30’ West 100 feet to the point of beginning, and containing 0.8 acre, according to a survey by Samuel K. Carrell, Registered Land Surveyor, dated September 25, 1979. ALSO INCLUDED IN THE FOREGOING DESCRIPTION, BUT EXPRESSLY EXCLUDE THEREFROM, is the new gravel street, approximately 50 feet in width, lying north of, but adjacent to and adjoining, the property aforesaid conveyed to Billy Ed Bowden and wife, Ellie Carol Bowden, by said deed of record in Deed Book 197, at Page 248, in the Register’s Offi ce for Carroll County, Tennessee. INCLUDED IN THE ABOVE-DESCRIBED PROPERTY BUT TO BE EXPRESSLY EXCLUDED FROM THIS TRANSACTION is this 2.0 acre tract upon which is situated a two story brick house with basement & described as follows: BEGINNING at a point in the East line of Kenneth & Linda Miller, which point is located North 203.71 feet along the Miller’s East line from an iron pin found at the southeast corner of the Millers and which beginning point is in the west line of Bethel College property as recorded in Deed Book 132, page 39, in the Register’s Office of Carroll County, Tennessee; thence from the point of beginning and on new lines through Kenneth and Linda Miller, the following calls: West 298.00 feet; North 292.00 feet; East 298.00 feet to the northeast corner of the herein described tract and in the west line of Bethel College; thence with the west line of Bethel College, South 292.0 feet to the point of beginning, containing 2.0 acres. There is a 50 foot easement to serve the above described tract the centerline of which 50 foot easement is described as follows: BEGINNING at a point in the east margin of Como Road, which point is located South 00 degrees 58 minutes 49 seconds East 234.98 feet from the existing northwest corner of Kenneth & Linda Miller; thence from the point of beginning and with the centerline of said 50 foot easement, the following calls: South 87 degrees 00 minutes 00 seconds East 366.12 feet; South 35 degrees 53 minutes 58 seconds East 59.34 feet; South 11 degrees 47 minutes 00 seconds East 58.48 feet; South 27 degrees 34 minutes 17 seconds East 48.48 feet; South 53 degrees 31 minutes 44 seconds East 65.37 feet; South 71 degrees 57 minutes 39 seconds East 44.38 feet; South 88 degrees 54 minutes 30 seconds East 50.31 feet; North 80 degrees 34 minutes 01 seconds East 80.76 feet; South 78 degrees 46 minutes 40 seconds East 33.55 feet to the west line of above described 2.0 acre tract. For source of title see Warranty Deed Book 371, at Page 285, in the Register’s Offi ce of Carroll County, Tennessee. ALSO INCLUDED IN THE ABOVE-DESCRIBED PROPERTY BUT TO BE EXCLUDED IS A CERTAIN 2.156 acre tract conveyed to City of McKenzie, as shown in Warranty Deed Book 331, at Page 178, in the Register’s Offi ce of Carroll County, Tennessee. LOT NO. 2: BEGINNING at a found iron post on the east margin of Como Road and Kenneth R. Miller’s N-W corner, thence N-1 degree 00’-E 196 feet along east margin of Como Road to a set iron pin, thence S-85 degrees 00’-E 420 feet along City of McKenzie’s south line to a point in center of ditch, thence along center of ditch and these bearings and distances: S-48 degrees 47’ 25”-e 65.11 feet; S-24 degrees 00’-E 94 feet and S-32 degrees 00’-W 84 feet to an iron pin on Kenneth R. Miller’s present north line, thence N-85 degrees 00’-W 466.3 feet along Miller’s old north line to the point of beginning. Containing 2.156 acres more or less. Description taken from March 20, 2001, survey by Samuel K. Carrell, TN RLS No. 349. (Description taken from prior deed of record) For source of title see Warranty Deed Book 203, at Page 536 (Lot No. 1) and Warranty Deed Book 330, at Page 50 (Lot No. 2), both in the Register’s Offi ce of Carroll County, Tennessee. Map 001, Parcel 001.02 The street address of the above-described property is believed to be Como Street, McKenzie, Tennessee 38258, 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. TRACT NO. 5: Lying and being situated in the 2nd Civil District of Carroll County, Tennessee, and within the corporate limits of the Town of Trezevant, more particularly described as follows to-wit: BEGINNING at a stake in the west margin of the Trezevant to McLemoresville road, same being Jeff J. Blanks northeast corner; runs thence South 62-1/2 degrees West with Blanks and Jack Jones North line 450 feet to a stake, Jones northeast inner corner; thence North 34 degrees West with Jones east line 110 feet to a stake; thence North 62-1/2 degrees East on an agreed line 450 feet to a stake in the west margin of the Trezevant to McLemoresville road; thence South 34 degrees East with the west margin of said road 110 feet to the point of beginning, containing 1.1 acres, more or less. Metes and bounds are reading of magnetic compass. The above description is the same as in the previous deed of record. For source of title, see Deed Book 345, at Page 435, in the Register’s Offi ce of Carroll County, Tennessee. Kenneth R. Miller died on December 3, 2021, and upon his death, his wife, Lynda Y. Miller, became the owner as surviving tenant by the entirety. Map 077F, Group A, Parcel 023.00 The street address of the above-described property is believed to be Main Street, Trezevant, Tennessee 38258, 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. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. 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 fi xture fi ling; and to any matter that an accurate survey of the premises might disclose. Other interested parties: Carroll County Lumber Co. Title to said property is believed to be good, but the undersigned will sell as Substitute Trustee only and will assign to the purchaser all covenants of warranty contained in said Deed of Trust. The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. Said sale may be adjourned to another time or may be postponed to another date by public announcement at the appointed time of sale without readvertisement. This offi ce is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. WITNESS my signature, this the 3rd day of October, 2023. KIZER, BONDS, HUGHES & BOWEN, LLC BY: STEPHEN L. HUGHES, Substitute Trustee P. O. Box 320, Milan, TN 38358 (731) 686-1198 NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF REAL ESTATE A1767/40-3