Legals / Public Notices
KNOW ALL MEN BY THESE PRESENTS: WHEREAS, by Deed of Trust bearing date of the 19th day of December, 2006, of record in the Register’s Office of Johnson County, Tennessee, in Trust Deed Book 224, at page 908, Jerry Bond Hicks and wife, Glenda G. Hicks, 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 8th day of August, 2016, of record in the Register’s Office of Johnson County, Tennessee in Trust Deed Book 296, at page 495, 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 23rd day of August, 2019, at the hour of 10:00 A.M., offer for sale and sell 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 Seventh Civil District of Johnson County, Tennessee, and being that same real estate as was conveyed by Jerry Bond Hicks and wife, Glenda G. Hicks, to Thomas R. Grayson, Trustee, by Deed of Trust dated the December 19, 2006, of record in the Register’s Office of Johnson County, Tennessee, in Trust Deed Book 224, at page 908, and more particularly described as follows: PROPERTY NO. 1: TRACT NO. 1: BEING the same real estate conveyed by Tony Rhudy and wife, Patricia Rhudy, to Jerry Hicks and wife, Glenda Hicks, by deed bearing date of March 30, 2002, of record in the Register’s Office of Johnson County, Tennessee, in Deed Book 157, at page 707, and more particularly described as follows: BEING all of that tract or parcel of land containing .58 acres as shown on plat of survey entitled “Property of: Tony Rhudy”, dated the 14th day of March, 2002, performed by Ricky Lynn Snyder, T.R.L.S. #1910, of Snyder Surveying Company, 156 Doe Creek Road, Butler, Tennessee 37640, a copy of which plat is attached hereto and incorporated herein by reference. SUBJECT TO right-of-way for State Highway 67. SUBJECT TO valid restrictions and easements, recorded or unrecorded, if any. The above property shown on Map 53, Parcel 30.03, Tax Maps, Johnson County Assessor’s Office. TRACT NO. 2: BEING the same real estate conveyed by James T. Hicks and wife, Irene Hicks, to Jerry Hicks and wife, Glenda Hicks, by deed dated July 31, 1976, of record in the Register’s Office of Johnson County, Tennessee, in Deed Book 90, at page 295, and more particularly described as follows: BEGINNING on a stake in public road and corner to Roberts; thence, with public road, south 7º east, 130 feet to a stake and corner to J. T. Hicks; then, for a division line, north 85º west, 200 feet to a stake, corner to J. T. Hicks, continuing the division line, north 7º west, 130 feet to a stake in the line of Roberts; thence, with his line, south 86½º east, 200 feet to the BEGINNING, containing 26,000 square feet, more or less. RESERVATIONS, CONDITIONS, AND RECITALS: RESERVING the use of the spring located near the northeast corner of said tract near the road as reserved in the chain of title. However, it is intended that the spring be used jointly between the parties of the first part and the parties of the second part with right to egress and ingress to and from said spring which right is common to both parties to pipe the water underground to their respective premises with the cost of operating and maintaining the spring to be borne by both parties. The above property shown on Map 60, Parcel 83.00, Tax Maps, Johnson County Assessor’s Office. TRACT NO. 3: BEING the same real estate conveyed by Tony B. Rhudy and wife, Patricia Rhudy, to Jerry B. Hicks and wife, Glenda G. Hicks, by deed dated June 5, l998, of record in the Register’s Office of Johnson County, Tennessee, in Deed Book 144, at page 830, and more particularly described as follows: BEGINNING at a point witnessed by an iron pin found 33 feet from the general center of State Highway 67, a corner to Bill Joe Burrow and being the southeastern most point of the tract herein; thence, with the general northern edge of the roadway and/or right-of-way of State Highway 67, south 70º, 59’, 47″ west, 150.39 feet to an iron pin set, 33 feet from the center of the highway; thence, leaving the northern edge of State Highway 67 and with the line of now or formerly Rhudy, north l3º, 27’, 38″ west, ll8.92 feet to an iron pin set; thence, north 25º, 36’, 32″ east, 46.63 feet to an iron pin set; thence, north l7º, 43’, 55″ west, l59.05 feet to an iron pin set; thence, north l7º, 43’, 55″ west, 28.00 feet to a point in the general center of the creek; thence, with the general center line of the meanders of the creek as follows: north 79º, ll’, 50″ east, 48.84 feet to a point; thence, north 56º, 47’, 20″ east, 65.97 feet to a point; thence, leaving the center line of the creek, south l7º, l8’, 3l” east, l5.00 feet to an iron pin found in the line of Billy Joe Burrow; thence, continuing with Burrow, south l7º, l8’, 3l” east, 332.94 feet, back to the point of BEGINNING, containing 0.97 acre, more or less, as surveyed by Appalachian Land Survey Company, date of March 28, l995, and a plat or plan of the same being attached hereto as an exhibit to this deed, to which further reference is had and made for description. EXCEPTING and RESERVING from the above property, in easement fashion, is any part or portion thereof constituting the roadway and/or right-of-way of State Highway 67. The above property shown on Map 53, Parcel 30.02, Tax Maps, Johnson County Assessor’s Office. PROPERTY NO. 2: BEING the same real estate conveyed by Jesse Rhudy and wife, Keesha Rhudy, to Jerry Hicks and wife, Glenda Hicks, by deed dated August 31, 2005, of record in the Register’s Office of Johnson County, Tennessee, in Deed Book 170, at page 16, and more particularly described as follows: BEING all of that tract or parcel of land containing 2.45 acres as shown on plat of survey entitled “Property of: Tony Rhudy” dated the 14th day of March, 2002 as performed by Ricky Lynn Snyder, T.R.L.S. No. 1910, of Snyder Surveying Company, 156 Doe Creek Road, Butler, Tennessee 37640, a copy of which plat is attached to that Deed from Jesse Rhudy et ux to Jerry Hicks et ux, recorded in the Register’s Office of Johnson County, Tennessee, in Deed Book 170, at page 16, and incorporated herein by reference. SUBJECT to right-of-way for State Highway 67. SUBJECT to valid restrictions and easements, recorded or unrecorded, if any, including the 20 foot right-of-way shown on abovementioned plat. SUBJECT to the following Restrictive Covenants: 1. Property to be used for single family residential purposes only. 2. Property to be kept in clean, neat condition with grass mowed, etc. No junk cars or trash to be stored on property. 3. No mobile homes to be placed on the property. 4. No activity amounting to a nuisance to neighbors shall be allowed. The above property shown on Map 53, Parcel 30.04 Tax Maps, Johnson County Assessor’s Office. 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: 1.) Portfolio Recovery Associates, LLC, Assignee of GE Money Bank, c/o McLemore & Edington, PLLC, P.O. Box 32997, Knoxville, TN 37930; 2.) Capitol One Bank USA, N.A., c/o Shon Leverett, Attorney, 204 East Market Street, Louisville, KY 40202 (2 Judgment Liens); 3.) Discover Bank, c/o Nathan & Nathan, P.C., P.O. Box 1715, Birmingham, AL 35201; 4.) Midland Funding, LLC, Assignee of CitiBank, c/o Steve F. Glaser, Fulton, Freidman & Gullace, 125 South Water Avenue, Galeton, TN 37066; 5.) Midland Funding, LLC, c/o Mark A. Sexton, Hosto, Buchan & Prater, PLLC, P.O. Box 3397, Little Rock, AK 72203; 6.) First Resolution Investment Corp., Assignee of Chase Bank USA, c/o McLemore & Edington, PLLC, P.O. Box 32997, Knoxville, TN 37930; 7.) Unifund CCR Partners, c/o Mendelson Law Firm, No. UN7641, 799 Estate Place, Memphis, TN 38120; 8.) Capitol One Bank USA, N.A., c/o Grisham, Knight & Hooper, 701 Market Street, #700, Box 11583, Chattanooga, TN 37401; ENTER this the 24th day of July, 2019, 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
