Legals
NOTICE OF
SUBSTITUTE
TRUSTEE`S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust dated July 7, 2017, executed by Jimmy Seabolt and Gabriella Seabolt, husband and wife, to Randy M. Kennedy as Trustee, for Navy Federal Credit Union, and appearing of record on July 26, 2017, in the Register’s Office of Scott County, Tennessee, at Trust Book 310, Page 207, and.
WHEREAS, Navy Federal Credit Union, the party entitled to enforce said security interest; and having appointed Clear Recon LLC, the undersigned, as Substitute Trustee by instrument filed or being filed for record in the Register’s Office of Scott County, Tennessee, with all of the rights, powers, and privileges of the original Trustee named in said Deed of Trust.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust, and that the undersigned, Clear Recon LLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty, and authority vested and imposed upon said Substitute Trustee will, on July 25, 2023, at 11:00 AM, local time, at the Scott County Courthouse, located in Huntsville, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, paid at the conclusion of the sale, the following described property situated in Scott County, to wit:
The land referred to herein below is situated in the County of Scott, State of Tennessee, and is described as follows:
Described property located in the Third (3rd) Civil District of Scott County, Tennessee, in Lonesome Dove Estates, and more particularly described as follows:
LOT 9:
Commencing at the intersection of the South Right-of-Way of Captain Call Lane with the West Right-of-Way of Lonesome Dove Road; thence along the Right-of-Way of Captain Call Lane, South 49 degrees 03′ West, a distance of 177.93 feet to an iron rod set, the point of beginning; thence with the West line of Lot 10, South 43 degrees 18′ East, a distance of 282.02 feet to an iron rod set a common corner with Lot 10 and Lot 11; thence South 52 degrees 44′ West, a distance of 153.51 feet to an iron rod set; thence North 71 degrees 03′ West, a distance of 268.66 feet to an iron rod set; the South corner of Lot 8; thence with the line of Lot 8, North 33 degrees 35′ East, a distance of 191.88 feet to an iron rod set at the point of curvature of a non-tangent curve, concave to the Northwest, having a radius of 50.00 feet a central angle of 134 degrees 31′ 54″ and a chord of 92.23 feet bearing North 56 degrees 19′ East thence Southeastwardly along said curve, a distance of 117.40 feet to the point of beginning. Said described tract containing 1.32 acres, more or less.
Easement Right-of-Way:
A 50 foot non-exclusive easement along Lonesome Dove Road and Captain Call Lane for the purpose of ingress, egress, and utilities. Said easement is 50 feet in width, 25 feet on either side of the following described centerline, except for the cul-de-sac at the terminent of Captain Call Lane which has a radius of 50 feet; commencing at the intersection of the East Right-of-Way line of Cherry Fork Road and the centerline of Lonesome Dove Road, said point being the point of beginning; thence with the centerline of Lonesome Dove Road, South 58 degrees 04′ 50″ a distance of 402.51 feet to the point of curvature of a tangent curve, concave to the Southwest, having a radius of 216.95 feet and a central angle of 40 degrees 16′ 40″; thence Southeast along said curve, a distance of 152.51 feet to the point of curvature of the curve, concave to West having a radius of 216.95 feet and a central angle of 46 degrees 45′ 53″ thence Southwest along said curve, a distance of 124.65 feet to the point of curvature of a curve, concave to the East, having a radius of 178.27 feet, a central angle of 66 degrees 14′ 40″ and a chord of 194.82 feet bearing South 4 degrees 09′ 30″ East; thence Southeast along said curve a distance of 206.11 feet to the point of curvature of a non-tangent curve, concave to the Northeast, having a radius of 131.09 feet a central angle of 3 degrees 40′ 20″ and a chord of 8.40 feet bearing South 39 degrees 05′ East; thence Southeast along said curve, a distance of 8.40 feet to the intersection of the centerline of Lonesome Dove Road with a projection of the centerline of Captain Call Lane; thence South 49 degrees 03′ West, a distance of 25.00 feet to the intersection of the Right-of-Way line of Lonesome Dove Road with the centerline of Captain Call Lane; South 49 degrees 03′ West, a distance of 219.21 feet to the center point of the cul-de-sac at the terminus of Captain Call Lane, said point being the point of ending.
Being the same property conveyed to Matthew Horne by Special Warranty Deed from Fannie Mae A/K/A Federal National Mortgage Association of record in Book 285, Page 37, Register’s Office for Scott County, Tennessee, dated July 18, 2013 and recorded on July 31, 2013.
Parcel ID: 078 00209 000
Commonly known as 151 Captain Call LN, Helenwood, TN 37755
The street address and parcel number(s) of the above described property are believed to be correct; however, such references are not a part of the legal description of the property sold herein, and, in the event of any discrepancy, the legal description herein shall control
This sale is subject to tenant(s)/occupant(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 fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Jimmy Seabolt and Gabriella Seabolt.
If the United States or the State of Tennessee have any liens or claimed lien(s) on the Property, and are named herein as interested parties, timely notice has been given to the applicable governmental entity, and the sale will be subject to any applicable rights of redemption held by the entity as required by 26 U.S.C. § 7425 and/or Tennessee Code § 67-1-1433.
All right and equity of redemption, statutory and otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good; however, the undersigned will sell and convey only as Substitute Trustee.
The transfer shall be AS IS, WHERE IS, AND WITH ALL FAULTS, and without warranties of any kind, express or implied, as to the condition of the Property and the improvements located thereon, including merchantability or fitness for particular purpose. Trustee shall make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by Substitute Trustee’s Deed only.
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.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time.
THIS OFFICE IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Clear Recon LLC
Substitute Trustee
651 East 4th Street Suite 200
Chattanooga, Tennessee 37403 6/29 3 of 3
SUBSTITUTE
TRUSTEE’S SALE
Sale at public auction will be on August 9, 2023 on or about 10:00AM local time, at the Scott County Courthouse, Huntsville, Tennessee, conducted by the Substitute Trustee as identified and set forth herein below, pursuant to Deed of Trust executed by JORDON SHELTON, to Guffey Law PLLC, Trustee, on October 26, 2021, at Record Book 40, Page 730-746 as Instrument No. 21002828 in the real property records of Scott County Register’s Office, Tennessee.
Owner of Debt: Click n` Close, Inc.
The following real estate located in Scott County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Being a 1.50, more or less, acre tract of land situated within the Third Civil District of Scott County, Tennessee and lying in the name of Norma Jean and Jan Byrd and being a portion of the property described in Deed Book 285, Page 413, of the Register`s Office for Scott County, Tennessee and being more fully described by new survey as follows:
Beginning on a set 1/2 inch iron pin with cap stamped TN3165/KY4219 lying on the northerly margin of Jeffers Road and maintaining coordinates based on the Tennessee State Plane Coordinate System of 1983 of N-758.020.11 E-2,428,679.56 said point being located North 37 degrees 01 minutes West, a distance of 155 feet, more or less, from the centerline intersection of Annadell Road (aka SR-456) and said Jeffers Road, said point being the most southerly corner of the herein described tract and being the most southwesterly corner of the property standing in the name of Carl E. and Elaine Kries, which is of record in Deed Book 251, Page 204, of said Register`s Office; thence with the said northerly margin of Jeffers Road with a curve to the left have a radius of 518.00 feet, an arc length of 157.26 feet, a chord bearing of North 59 degrees 55 minutes 10 seconds West, and a chord distance of 156.86 feet to a set 1/2 inch iron pin with cap stamped TN3165/KY4219, said point being the most southwesterly corner of the herein described tract and being the most southern corner of the property standing in the name of Cody and Hannah Burchfield which is of record in Record Book 4, Page 757. of said Register`s Office; thence with the common line of the aforementioned Burchfield property North 05 degrees 19 minutes 22 seconds East, a distance of 93.66 feet to an existing 1/2 inch iron pin, said point being the most easterly corner of the aforementioned Burchfield property; thence severing the aforementioned Byrd property the following three (3) calls: North 36 degrees 36 minutes 04 seconds East, a distance of 63.85 feet to a set 1/2 inch iron pin with cap stamped TN3165/KY4219 thence North 17 degrees 13 minutes 08 seconds East, a distance of 118.81 feet to a set 1/2 inch iron pin with cap stamped TN3165/KY4219; thence South 81 degrees 32 minutes 44 seconds East, a distance of 205.64 feet to an existing concrete right-of-way marker, said point being the most northeasterly corner of the herein described tract and lying on the westerly margin of said Annadell Road; thence with the said westerly margin of Annadell Road the following four (4) calls: South 03 degrees 53 minutes 04 seconds West, a distance of 41.71 feet to an existing concrete right-of-way monument thence South 86 degrees 06 minutes 56 seconds East, a distance of 5.00 feet to an existing nail, replaced with a 1/2 inch iron pin; thence South 03 degrees 53 minutes 04 seconds West a distance of 133.59 feet to an existing concrete right-of-way monument; thence with a curve to the right have a radius of 435.79 feet, an arc length of 32.15 feet, a chord bearing of South 05 degrees 17 minutes 15 seconds West, and a chord distance of 32.15 feet to a found 1 inch pipe, said point being the most easterly corner of the herein described tract and being the most northerly corner of the aforementioned Kries property; thence with the common line of the aforementioned Kries property the following two (2) calls: South 76 degrees 45 minutes 59 seconds West, a distance of 126.18 feet to a found concrete monument thence South 13 degrees 41 minutes 54 seconds West, a distance of 72.21 feet to a set 1/2 inch iron pin with cap stamped TN3165/KY4219 said point being the POINT-OF-BEGINNING of the herein described property, containing 1.50 acres, more or less, as shown on the survey entitled “Division Survey of a Portion of the Norma Jean and Jan Byrd Property” prepared by Boyatt Land Surveying, Oneida, Tennessee, 08 October 2020.
Derivation of Title: Being the same property (before the three exclusions listed above) described in a warranty deed dated September 12. 2013, conveyed from Norma Jean Byrd, Power of Attorney and on behalf of Ida Mac Lawson to Norma Jean Byrd and husband, Jan Byrd, as recorded in Deed Book 285, at page 412 on September 12, 2013 at 11:58 a.m. In the Office of the Register for Scott County, Tennessee at Huntsville
Map 087, Parcel 105.00
Being the same property conveyed to Jordon Shelton, an unmarried woman by virtue of a Deed from Norma Jean Byrd and Jan Byrd, wife and husband recorded 10/26/2021 in Record Book 40. page 724 in the Register`s Office Scott County, Tennessee
Tax ID: 087-105.05
Current Owner(s) of Property: JORDON SHELTON
The street address of the above described property is believed to be 825 Annadell Rd, Pioneer, TN 37847, 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 referenced herein shall control.
SALE IS SUBJECT TO OCCUPANT(S) RIGHTS IN POSSESSION.
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. THE TERMS OF SALE ARE CASH. ANY TAXES OR FEES WILL BE THE RESPONSIBILITY OF THE PURCHASER. IF THE SALE IS SET ASIDE FOR ANY REASON, THE PURCHASER AT THE SALE SHALL BE ENTITLED ONLY TO A RETURN OF THE PURCHASE PRICE. THE PURCHASER SHALL HAVE NO FURTHER RECOURSE AGAINST THE GRANTOR, THE GRANTEE, OR THE TRUSTEE.
OTHER INTERESTED PARTIES: None
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
If applicable, the notice requirements of T.C.A. 35-5-101 have been met.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, but the undersigned will sell and convey only as Substitute Trustee.
If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor or 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 as required by 26 U.S.C. 7425 and T.C.A. §67-1-1433.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the purchase price. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney.
MWZM File No. 22-000107-453-3
Mackie Wolf Zientz & Mann, P.C.,
Substitute Trustee(s)
Cool Springs Commons, Suite 273
7100 Commerce Way
Brentwood, TN 37027
TN INVESTORS PAGE: HTTP://MWZMLAW.COM/TN_INVESTORS.PHP
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