7/3/19

NOTICE OF SUBSTITUTE TRUSTEEíS SALE OF REAL ESTATE
WHEREAS, on January 20, 2017, RONALD BRUCE AND ELAINE STUART BRUCE, by a Commercial Deed of Trust of record in Record Book 148, at Page 520, in the Registerís Office of Haywood County, Tennessee, conveyed the following described property in trust to secure the payment of a Promissory Note in the original principal amount of Four Hundred Seventy Three Thousand Seven Hundred Ninety and 19/100 ($473,790.19) payable to Farm Credit Mid-America, FLCA; and
WHEREAS, the undersigned was appointed Substitute Trustee by Farm Credit Mid-America, FLCA, the legal owner and holder of the said Note, by an appointment dated May 22, 2019, and of record in Record Book 175, at Page 151, in the Registerís Office of Haywood 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 FARM CREDIT MID-AMERICA, FLCA, 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; and
NOW, THEREFORE, the public is hereby notified 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, at the east door of the Courthouse at Brownsville, Haywood County, Tennessee, on Wednesday, July 10, 2019, at 1:30 oíclock 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. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder will be deemed the successful bidder.
Lying, and being situate in the 1st Civil District of Haywood County, Tennessee, bounded and described as follows; to-wit:
Tract 1: (380.21 Acres)
BEGINNING at an iron pin set (all pins set are Ωî by 18î with identification cap stamped EVANS-RLS 2524) in the center of Dancyville Eurekaton Road (ROW 50 feet) said pin being the northwest corner of Elaine Stuart Bruce as described in Deed Book 156 Page 386; runs thence with a new severance line through Elaine Stuart Bruce as recorded in Deed Book 257 Page 672, North 85 degrees 33 minutes 28 seconds West 565.12 feet to a Ω inch iron pin found, said pin being the northeast corner of the Estes Family Limited Partnership as described in Record Book 120 Page 515; runs thence with said Estes, and following closely the edge of woods the following calls: North 85 degrees 27 minutes 52 seconds West 147.30 feet; thence North 72 degrees 22 minutes 36 seconds West 240.15 feet to a Ω inch iron pin found; thence South 00 degrees 56 minutes 34 seconds East 233.40 feet; thence South 47 degrees 36 minutes 11 seconds West 42.32 feet; thence South 73 degrees 36 minutes 18 seconds West 78.39 feet; thence South 57 degrees 50 minutes 38 seconds West 89.43 feet; thence South 44 degrees 52 minutes 07 seconds West 138.22 feet; thence South 16 degrees 46 minutes 14 seconds West 46.22 feet; thence South 19 degrees 37 minutes 46 seconds East 174.24 feet; thence South 02 degrees 56 minutes 03 seconds East 58.41 feet; thence South 25 degrees 44 minutes 25 seconds West 63.41 feet; thence South 47 degrees 15 minutes 00 seconds West 74.08 feet; thence North 46 degrees 22 minutes 09 seconds West 162.83 feet; thence North 34 degrees 52 minutes 18 seconds West 29.27 feet; thence North 14 degrees 00 minutes 41 seconds West 54.04 feet; thence North 50 degrees 46 minutes 52 seconds West 45.50 feet; thence North 69 degrees 40 minutes 10 seconds West 124.02 feet to a Ω inch iron pin found; thence North 01 degrees 26 minutes 54 seconds East 63.58 feet; thence North 17 degrees 20 minutes 07 seconds East 88.97 feet; thence North 19 degrees 03 minutes 36 seconds West 154.39 feet to a PK nail found in a stump; thence North 85 degrees 41 minutes 15 seconds West 94.13 feet to a PK nail found in a stump; thence South 25 degrees 18 minutes 05 seconds West 84.26 feet; thence South 03 degrees 18 minutes 02 seconds West 109.88 feet; thence South 24 degrees 52 minutes 00 seconds West 49.09 feet; thence South 66 degrees 34 minutes 20 seconds West 57.09 feet; thence South 88 degrees 48 minutes 48 seconds West 75.32 feet to a Ω inch iron pin found, said pin being an interior corner of another tract in the name of the Estes Family Limited Partnership as described in Record Book 77 Page 143; runs thence through the woods, North 21 degrees 34 minutes 16 seconds West 867.62 feet to a Ω inch iron pin found; runs thence North 87 degrees 24 minutes 21 seconds West 113.51 feet to a triple 12 inch redbud with fence in the east line of Larry Merryman as described in Record Book 56 Page 567; runs thence with said east line, and generally with a fence, North 02 degrees 42 minutes 59 seconds East 688.48 feet to a 2î iron pipe found at a fence corner down, said pipe being the northeast corner of Merryman; runs thence with the north line of said Merryman, and being generally with a fence, the following calls: North 87 degrees 57 minutes 59 seconds West 451.79 feet; thence North 86 degrees 56 minutes 58 seconds West 1794.55 feet; thence North 88 degrees 51 minutes 09 seconds West 319.55 feet; thence North 84 degrees 52 minutes 30 seconds West 328.96 feet; thence North 86 degrees 22 minutes 03 seconds West, passing an iron pin set at 200.27 feet, but continuing on for a total distance of 250.27 feet to a point in the center of the Poplar Creek Canal; runs thence with said center, North 21 degrees 30 minutes 28 seconds East 2702.93 feet to a point, said point being the easternmost northwest corner of the Spring Hill Cemetery Trust as described in Record Book 95 Page 692; runs thence leaving said canal, with the southern possession line of the herein described tract, North 58 degrees 29 minutes 00 seconds West, passing a blazed 15 inch elm with fence at 30.76 feet, but continuing on for a total distance of 168.19 feet; thence North 48 degrees 03 minutes 39 seconds West 47.97 feet to a 10 inch elm with fence in the center of the old Poplar Creek; runs thence North 07 degrees 58 minutes 24 seconds East 88.22 feet; thence North 11 degrees 31 minutes 47 seconds East 87.38 feet to an iron pin set in said creek; thence North 22 degrees 01 minutes 13 seconds East 88.15 feet; thence North 45 degrees 51 minutes 13 seconds East 124.53 feet to an iron pin set in the south line of Pat H. Mann, Jr. and Ann R. Mann as described in Deed Book 268 Page 122; runs thence with said south line, South 87 degrees 32 minutes 09 seconds East, passing iron pins set on the west bank of said canal at 156.78 feet, on the east bank of said creek at 255.50 feet, but continuing on, being generally with a fence, for a total distance of 1574.30 feet; thence South 85 degrees 28 minutes 09 seconds East 487.46 feet to an iron pin set; runs thence continuing with the south line of Mann, South 76 degrees 45 minutes 28 seconds East 309.25 feet; thence South 76 degrees 13 minutes 42 seconds East 472.11 feet; thence South 76 degrees 54 minutes 08 seconds East 471.50 feet; thence South 80 degrees 19 minutes 42 seconds East 253.83 feet to a wood corner post in the west line of the Estes Family Limited Partnership as described in Record Book 66 Page 784; runs thence South 04 degrees 50 minutes 17 seconds West 240.78 feet to a wood corner post; runs thence South 88 degrees 28 minutes 03 seconds East, passing an iron pin set at 391.88 feet, but continuing on for a total distance of 449.73 feet to a point in the center of a ditch, said point being the northwest corner of another tract in the name of the Estes Family Limited Partnership as described in Record Book 69 Page 609; runs thence with said ditch, being the west line of said Estes, the following calls: South 18 degrees 48 minutes 38 seconds East 78.06 feet; thence South 58 degrees 59 minutes 28 seconds East 117.69 feet; thence South 46 degrees 31 minutes 59 seconds East 49.99 feet; thence South 39 degrees 13 minutes 59 seconds East 165.49 feet; thence South 41 degrees 55 minutes 16 seconds East 93.80 feet; thence South 27 degrees 23 minutes 57 seconds East 258.00 feet; thence South 20 degrees 15 minutes 33 seconds East 92.16 feet; thence South 12 degrees 39 minutes 56 seconds East 157.92 feet; thence South 19 degrees 40 minutes 47 seconds East 87.55 feet to a point where the ditch intersects the west margin of Dancyville Eurekaton road; runs thence with said road the following calls: South 59 degrees 46 minutes 28 seconds West 40.78 feet; thence South 42 degrees 18 minutes 45 seconds West 37.28 feet; thence South 31 degrees 30 minutes 18 seconds West 35.97 feet; thence South 20 degrees 49 minutes 23 seconds West 58.23 feet; thence South 07 degrees 16 minutes 26 seconds West 82.17 feet; thence South 01 degrees 11 minutes 46 seconds East 135.46 feet; thence South 04 degrees 15 minutes 46 seconds East 198.77 feet; thence South 01 degrees 45 minutes 11 seconds East 262.29 feet; thence South 00 degrees 57 minutes 58 seconds East 544.20 feet; thence South 01 degrees 28 minutes 11 seconds East 311.14 feet; thence South 00 degrees 21 minutes 59 seconds East 444.61 feet; thence South 00 degrees 19 minutes 11 seconds West 337.09 feet; thence South 01 degrees 05 minutes 30 seconds West 213.84 feet to the POINT OF BEGINNING containing within these calls 16562025.64 square feet or 380.21 acres of land.
Said acreage being subject to all right of ways and easements, if any exist.
Tract 2: (1.15 Acres)
BEGINNING at an iron pin set (all pins set are Ωî by 18î with identification cap stamped EVANS-RLS 2524) in the center of Dancyville Eurekaton Road (ROW 50 feet) said pin being the northwest corner of Elaine Stuart Bruce as described in Deed Book 156 Page 386; runs thence with the north line of said Bruce, North 88 degrees 54 minutes 30 seconds West 462.00 feet to a point; runs thence South 01 degrees 05 minutes 30 seconds West 118.80 feet to a point, said point being the southwest corner of the original house lot; runs thence South 88 degrees 54 minutes 30 seconds East 462.00 feet to a point in the west margin of said road, 1 inch iron pipe found 4.53 feet east, runs thence with said margin, South 01 degrees 05 minutes 30 seconds West 35.19 feet to a point, said point being the northeast corner of the Estes Family Limited Partnership as described in Record Book 120 Page 515; runs thence with the north line of Estes South 86 degrees 33 minutes 35 seconds West, passing an iron pin set online at 13.67 feet, but continuing on for a total distance of 532.75 feet to a Ω inch iron pin found; runs thence North 07 degrees 07 minutes 11 seconds West 231.49 feet to an iron pin found; runs thence with a new severance line through Elaine Stuart Bruce as described in Deed Book 257 Page 762, South 85 degrees 33 minutes 28 seconds East 565.12 feet to the POINT OF BEGINNING containing within these calls 50087.77 square feet or 1.15 acres of land.
Said acreage being subject to all right of ways and easements, if any exist.
Per Certificate of survey on December 27, 2016 by David C. Evans, III R.L.S. 2524, Evans & Associates Land Surveying, 320 South Washington, Brownsville, Tennessee. (731-772-2158).
This being a portion of the property in the name of Elaine Stuart Bruce recorded in Deed Book 257, on Page 672, in the Registerís Office of Haywood County Tennessee.
Map 141, Parcel 030.00
The street address of the above described properties is believed to be 5032 Eurekaton Rd., Whiteville, Tennessee 38075, 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, IF ANY.
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. Other interested parties: Bank of Fayette County.
The property is classified and assessed as agricultural, forest or open space land pursuant to Tennessee Code Annotated, Section 67-5-1001, et seq. The owner of said property may be subject to liability for roll-back property taxes should such property be converted to a use other than that stipulated in Tennessee Code Annotated, Section 67-5-1001, et seq.
This property is subject to any dedication of the Land, or part thereof, for cemetery or burial purposes and public or private rights created thereby. All conveyances, whether recorded or unrecorded, of grave lots, tracts or spaces, or easements therein, and all terms and provisions, including but not limited to those pertaining to maintenance perpetual care or other trust obligations, contained in such conveyances or other cemetery related instruments. All outstanding burial rights, whether evidenced of record or not. All dedications of streets, roads and ways with said Land. Rights of ingress and egress to and from grave lots, tract or spaces with said land, however created.
This property is subject to title to that portion of the property lying below the mean water mark of Poplar Creek.
This property is subject to the flow of any creeks, streams, or branches across subject property.
This property is subject to the rights of others in and to the use of any drains and/or ditches located over, across, in or under the insured premises, and rights to enter upon said premises to maintain the same.
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 office 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 19th day of June, 20189.
KIZER, BONDS, HUGHES & BOWEN, PLLC
BY:STEPHEN L. HUGHES
Substitute Trustee
P. O. Box 320
Milan, Tennessee 38358
(731) 686-1198

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