KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, CHRISTOPHER L. BERRY, by Deed of Trust dated the 29th day of October, 2013 and recorded in the Register’s Office of Weakley County, Tennessee, in Trust Deed Book T679, Page 430, did convey in trust to Carol S. Godwin, Trustee, the tracts of land described in said Deed of Trust to secure the payment of the principal sum not exceeding SIXTY ONE THOUSAND AND 00/100 ($61,000.00), evidenced by a Promissory Note, payable to the GREENFIELD BANKING COMPANY, Greenfield, Tennessee, the said Deed of Trust being incorporated by reference; and,
WHEREAS, said Note and Deed of Trust provide that in the event of default on the payment of installments due on said Note, the entire indebtedness shall, at the option of the holder of such Note, become due and payable; and,
WHEREAS, the holder and owner at its option may advertise and foreclose said Deed of Trust; and,
WHEREAS, default has been made in the payment of installments due on the Note, and the holder and owner of such Note has declared the entire balance now due and payable, and has instructed the Trustee to foreclose said Deed of Trust; and,
NOW, THEREFORE, by virtue of the authority in me vested, as Trustee under said instrument, I will, on Thursday, March 15, 2018 offer for sale and sell at the south door of the Courthouse in Dresden, Tennessee, at the hour of 10:00 a.m. prevailing time, to the last, highest and best bidder for cash and in bar of the equity of redemption, homestead or dower rights, the following described tract of land, situated in the 9th Civil District of Weakley County, Tennessee, and more particularly described as follows, to-wit:
FIRST TRACT: BEGINNING at a stake at the southeast corner of a parcel conveyed by William L. Maiden, et ux to Howard L. Caudle, et ux on April 16, 1977 (said stake being approximately 218 feet East of the east right of way margin of U. S. Highway 45E) the same being the southwest corner of the parcel herein described, and being located in the centerline of an abandoned roadbed, and runs thence East, making a new line through the lands of Barton (formerly J. N. Ray) approximately 100 feet to the centerline of a ditch, the same being the southeast corner of the parcel herein described; thence North with the meanders of the centerline of said ditch (this being Barton’s new west line) to a stake at the northeast corner of the parcel herein described, being a new inside corner of Barton; thence West, making another new line through the lands of Barton approximately 80 feet to a stake at the northeast corner of the aforesaid tract conveyed to Howard L. Caudle et ux by William L. Maiden et ux on April 16, 1977, the same being located in the centerline of an old abandoned roadbed; thence South with the meanders of the centerline of the aforesaid old abandoned roadway approximately 345 feet to the point of beginning.
SECOND TRACT: BEGINNING at a stake in the east right of way margin of U. S. Highway 45E (this being the Greenfield-Bradford Highway) which stake is 16 feet North of the intersection of the centerline of a culvert under said Highway 45E with the east right of way margin of said highway, the same being the southwest corner of the tract herein described, and runs thence in an Easterly direction, at right angles with said highway right of way, making a new line through the lands of Maiden, approximately 218 feet to a stake in the center of an old abandoned roadbed at the southeast corner of the tract herein described, the same being Maiden’s new northeast corner and being in Barton’s east line; thence in a Northerly direction with the meanders of the centerline of the aforesaid old abandoned roadway, this being Barton’s west line, approximately 345 feet to a stake at the northeast corner of the tract herein described; thence West, at right angles to the east right of way margin of U. S. Highway 45 for a distance of approximately 111 feet to a stake in said east right of way margin of U. S. Highway 45 at the northwest corner of the tract herein described, the same being Maiden’s new southwest corner; thence South with the east right of way margin of U. S. Highway 45E for a distance of 345 feet to the point of beginning.
A portion of the above described tract of property is and shall be subject to an easement, as follows; to-wit: A strip of land 10 feet wide (east and west) and 115 feet long (north and south) and lying along and adjacent to the east right of way margin of U. S. Highway 45E and located in the southwest corner of the above described tract of land shall be subject to an easement for use as a roadway or driveway entrance to the lands located immediately to the south of the tract of land described hereinabove. This easement shall run with the land, and shall be for the use and benefit of such person as shall own the lands immediately South of the tract described above. (descriptions taken from last recorded Deed).
Included in the above description but excluded therefrom is property conveyed to the State of Tennessee in Deed Book D352, Page 481, and which description of such property is incorporated herein as if copied verbatim.
It being the same conveyed to Christopher L. Berry by Quitclaim Deed of Suzanne C. Berry dated July 16, 2008 and of record in Deed Book D410, Page 1077, ROWCT.
Map 168, Parcel 10.02
In the event the highest bidder fails to perform in accordance with the terms of sale, the Trustee shall have the option of accepting the second highest bid without further notice.
Also, the Trustee may adjourn or postpone the sale by public announcement at the time and place of the sale and without further notice conduct such sale as adjourned or postponed, or may, in the sole discretion of the Trustee, give a new notice of sale.
Announcements made by the Trustee at the sale as to the manner and terms and conditions of the sale shall control notwithstanding any language in this advertisement.
The Substitute Trustee believes the title to the property to be good but sells and conveys said property as Substitute Trustee only.
Dated at Martin, Tennessee, this the 12th day of February, 2018.
CAROL S. GODWIN, Trustee
P.O. Box 842
Martin, TN 38237
OTHER INTERESTED PARTIES:
CAPITAL ONE BANK (USA), N.A. by and
Through Attorney for Plaintiff
Fenton & McGarvey Law Firm, P.S.C.