Legals / Public Notices
KNOW ALL MEN BY THESE PRESENTS: WHEREAS, by Deed of Trust bearing date of the 10th day of January, 2008, of record in the Register’s Office of Johnson County, Tennessee, in Trust Deed Book 236, at page 598, James M. Vincent (single), did convey to Thomas R. Grayson, Trustee, certain real estate to secure the payment of an indebtedness owed to Farmers State Bank and as stated in the said Deed of Trust, and WHEREAS, by instrument bearing date of the 24th day of September, 2018, of record in the Register’s Office of Johnson County, Tennessee in Trust Deed Book 310, at page 171, the undersigned was appointed as Substitute Trustee to act under the terms of the said Deed of Trust, and WHEREAS, the Deed of Trust provides that in the event of default of payment of the said debt secured by the said Deed of Trust and/or interest when due, the entire indebtedness shall, at the option of the Noteholder, become due and payable, and WHEREAS, the Grantors of the Deed of Trust and the Makers of the said Note have failed to make payments as they became due, and the Owner of the Note secured by the Deed of Trust has accelerated and demanded the entire balance of the indebtedness so owed and as provided for under the Note and Deed of Trust; and WHEREAS, by reason of default and acceleration of the debt made, the entire debt is now due and the Holder and Owner of the said debt and the Note evidencing the same has demanded the entire balance now due and payable and has instructed the undersigned Trustee to foreclose the Deed of Trust. NOW, THEREFORE, by virtue of the authority in me vested as Substitute Trustee on the said Deed of Trust, I will, on the 26th day of October, 2018, at the hour of 10:00 A.M., offer for sale and sale in front of the Courthouse door in Mountain City, Tennessee, to the last, highest and best bidder for cash, and in bar of equity of redemption, the following described real estate situate and being in the Town of Mountain City, the Ninth Civil District of Johnson County, Tennessee, and being that same real estate as was conveyed by James M. Vincent (single), to Thomas R. Grayson, Trustee, by Deed of Trust dated the 10th day of January, 2008, of record in the Register’s Office of Johnson County, Tennessee, in Trust Deed Book 236, at page 598, and more particularly described as follows: BEING all of that 5.33 acre tract as shown on plat of survey entitled “Survey for James M. Vincent” dated May 7, 2003 as performed by Thomas Todd Grayson, Registered Land Surveyor No. 1346, of Appalachian Land Survey Company, P.O. Box 410, Mountain City, Tennessee 37683, a copy of which plat is attached hereto and incorporated by reference. SUBJECT to valid restrictions and easements of record, including, but not limited to right-of-way for existing 50 foot county road as shown on the above mentioned plat of survey and restrictions contained in Deed Book 153, page 215 in the Register’s Office for Johnson County, Tennessee (the “Recorded Restrictive Covenants”). RESTRICTIVE COVENANTS: In addition to the Recorded Restrictive Covenant, this property is conveyed subject to the following additional restrictive covenants: 1. Residential Use. The property shall be used for a single family residence only. There shall not be any commercial or industrial use (including, without limitation, retail stores, offices, business buildings, hotels, motels, restaurants, junkyard, scrap metal business or similar uses) on the property. A. Any and all structures shall be completed with twelve (12) months of the starting date. B. All single family dwellings shall have no less than 1,000 square feet of heated/air conditioned living area, excluding garages, basements and utility areas. 2. Temporary Structures Banned. No structure of a temporary nature, including, but is not limited to, mobile home, trailer, tent, shack, or similar structure shall be permitted on the property or any part thereof either temporarily or permanently. No structure other than a fully completed single family residence shall be occupied and permitted on the property. A. No mobile homes. Single and double wide mobiles homes are prohibited. 3. Nuisance Prohibited. No noxious or offensive activity shall be carried on upon any of the property that leads to the production of noxious odors nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No immobilized and inoperative motor vehicle, and no motor vehicle without a currently valid license plate registration shall be allowed to remain upon any portion of the property for more than one (1) year. The Recorded Restrictive Covenants and the hereinabove set out restrictive covenants constitute covenants running with the land for the benefit of the Grantor, its successors, heirs, and assigns, and the future owners of all or any portion of the Restricted Property, as defined in that certain Deed recorded in Deed Book 153, page 215 in the Register’s Office in Johnson County, Tennessee. The above property shown on Map 78, Parcel 22.01, Tax Maps, Johnson County Assessor’s Office. The above property having an address of: 1307 Stone Mountain Road, Trade, Tennessee 37691. The Substitute Trustee reserves the right to adjourn the sale to such other times and dates as announced on the date of sale, if any, the right to retreat and accept the second highest bid in the event of default of performance by the highest bidder at the said sale, and said sale, terms, and conditions being those as announced on the date of sale. The sale of the subject property is without warranty of any kind and is further subject to the right of any tenants or other parties or entities in possession of the property. This sale is subject to any unpaid taxes if any, any prior liens or encumbrances, leases, easements, and all other matters of record including but not limited to the priority of any fixture filing if the United States Department of the Treasury/Internal Revenue Service, the State of Tennessee, Department of Revenue, or the State of Tennessee, Department of Labor and Workforce Development are listed as interested parties in the advertisement then the notice of this foreclosure is being given to them and the sale will be subject to the applicable governmental entities’ right to redeem the property, all as required by 26 U.S.C.S. 7425 and T.C.A. 67-1- 1433. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. Other parties of interest to which notice is given: None. ENTER this the 25th day of September, 2018, with the Tomahawk, a newspaper published in Johnson County, Tennessee for future publications therein and in accordance with the laws and statutes and in conformity with the trust instrument aforesaid, that is, to be published for three (3) consecutive times in weekly manner. _______________________________________ GEORGE T. WRIGHT, SUBSTITUTE TRUSTEE
