NOTICE OF SALE OF REAL ESTATE
In obedience to the Orders entered on May 19, 2022, July 11, 2022, and September 19, 2023, made in the captioned case of Lawrenceburg Glass, Inc., et al, vs. Perry Community Hospital, LLC et al, Docket # 5302, I will on Saturday, 18th day of November, 2023, at 10:00 o’clock a.m., in the courtroom at the courthouse in Linden, Tennessee, sell to the highest and best bidder, for cash, the tract of land described as follows:
TRACT NO. 1, MAP 84, PARCEL 14.09:
Being a certain tract or parcel of land located in the Third Civil District of Perry County, Tennessee and being more particularly described as follows:
BEGINNING on an existing iron pin, in the south right-of-way of airport road, 25 feet from centerline, this being the northeast corner of the Rural Hospital Associates of Perry County, Inc., property of record in Book Y-26, Page 353, ROPCT, thence, leaving said road with the Rural Hospital Associates of Perry County, Inc. property, S 06° 10′ 12″ W, 265.50 feet to a point on a concrete pad. Thence, S 58° 13′ 55′ E, 106.64 feet to an existing iron pin in the west right-of-way of State Highway 13, 60 feet from centerline. Thence, with said highway, southwesterly 453.01 feet along the arc of a 3939.72 foot radius curve to the left, chord bearing and length: S 29° 10′ 01″ W, 452.76 feet to an existing iron pin. Thence, leaving said highway with the Perry Farmers Cooperative property of record in Book L-13, Page 485, ROPCT, N 65° 57′ 17″ W, 449.07 feet to an existing iron pin. Thence, with the Rural Hospital Associates of Perry County, Inc. property, N 24° 04′ 39″ E, 380.29 feet to an existing iron pin. Thence, N 06° 10′ 54″ E, 221.70 feet to an existing iron pin in the south right-of-way of Airport Road, 25 feet from centerline. Thence, with said road to points as follows: N 87° 47′ 30″ E, 42.97 feet, S 85° 53′ 38″ E, 98.53 feet, S 83° 49′ 04″ E, 154.03 feet, S 82° 08′ 20″ E, 96.15 feet to the beginning, containing 6.81 acres, more or less.
Together with the following described easement: A sanitary sewer easement of 15 foot width in the Third (3rd) Civil District of Perry County, Tennessee, being part of the same property described in warranty deed recorded in Deed Book Y-26, Page 9, and deed of correction recorded in Deed Book Y-26, Page 353, all in the Register’s Office of Perry County, Tennessee, and being more particularly described according to a survey by S & H Surveying Company, Inc., dated May 21, 1987, and revised June 3, 1988, as follows: A 15 foot sanitary sewer easement over and across a 1.19 acre tract located in the northeast corner of the above described tract (located at the southwest side of the intersection of Tennessee Highway No. 13 and Airport Road) said easement lying 7.5 feet each side of an existing sewer line running from the Perry Memorial Hospital to an existing sewer line located on the west side of Tennessee Highway No. 13, said easement beginning on the west line of 1.19 acre tract owned by [Grantor] at approximately 31.5 feet north of the southwest corner of said 1.19 acre tract and running northeast 214 feet more or less to the intersection of the west right-of-way of Tennessee Highway No. 13, ending point being approximately 111 feet southwest of a concrete monument at the northeast corner of said 1.19 acre tract.
Together with the right to enter on said 1.19 acre tract for the purpose of maintaining said sewer line (including replacement if necessary) to insure proper sewer disposal into existing sanitary systems. And together with the following three (3) easements for drainage purposes: Three (3) separate drainage easements over and across said 1.19 acre tract located immediately to the northeast of the above described property (located at the corner of Tennessee Highway No. 13 and Airport Road) each being fifteen (15) feet in width, lying 7.5 feet each side of the centerline of the existing twelve (12) inch corrugated metal pipe culverts running from the west side of said tract to the north and east side of said tract. Easement No. 1 is located in the northwest corner of said 1.19 acre tract and is approximately twenty-six (26) feet in length. Easement No. 2 is located near the center of said 1.19 acre tract and is approximately one hundred sixty (160) feet in length. Easement No. 3 is located in the southeast comer of said 1.19 acre tract and is approximately forty-eight (48) feet in length.
The purposes of these three (3) easements are to provide access to the existing drainage pipes, the inlets of which begin on the hereinabove described property of Perry Memorial Hospital and to provide drainage from said Hospital property to the existing drainage ditches located along Airport Road and Tennessee Highway No. 13. Also, conveyed hereby is the right to enter into the above described 1.19 acre tract and to perform any maintenance necessary (including replacement of said existing pipe if necessary) to ensure the continued drainage of the Perry County Hospital property by use of these existing drainage facilities.
Being a portion of the property conveyed to Baptist-Perry Community Hospital, LLC from Health Care Development Partners, Inc. by deed dated June 10, 1996, of record in Deed Book D-7, Page 357, ROPCT. It is purported that Nelmed Holdings, LLC, acquired an interest in the hereinabove described property but there is no deed reflecting such transaction in the Office of the Register of Deeds for Perry County, Tennessee. Nelmed Holdings, LLC, conveyed any interest it should have to Expertus Health, LLC, by deed of record in Deed Book D-36, Page 916, in the Register’s Office of Perry County, Tennessee.
TRACT NO. 2, MAP 101, PARCEL 44.04:
Being and lying in the 1ST Civil District of Perry County, Tennessee and lying West of and adjacent to Hwy 13, being more particularly described as follows:
Beginning at a iron pin found (#477) on the West R.O.W. of HWY 13; said iron pin found being the southeast corner of the tract being described, and the northwest corner of Bridget Phillips; thence leaving said HWY with Phillps, S 73°37’51” W, passing the center of an existing Old Roadway at 16.39’, in all a distance of 905.84′ to a iron rod found having state plane coordinates of N: 450367.06, E: 1414272.37; said iron rod found being the southwest corner of the tract being described, and the East boundary of Frank Potts; thence with Potts, N 16°32’43” W, passing the center of an existing old roadway at 154.43’, in all a distance of 440.71′ to a iron pin found; said iron pin found being the northwest corner of the tract being described, and the southwest corner of Nathan Mercer; thence with Mercer, N 73°47’23” E for a distance of 833.12′ to a iron pin found (#477) on the West R.O.W. of HWY 13 having State plane coordinates of N: 451022.10, E: 1414946.87; said iron pin found being the northeast corner of the tract being described, and the southeast corner of Mercer; thence leaving Mercer with the West R.O.W. of said HWY, S 25°19’47” E for a distance of 150.93′ to a R.O.W. marker; thence S 66°30’44” W for a distance of 9.91′ to a R.O.W. marker; thence S 28°12’40” E for a distance of 294.34′ to the point of beginning and containing 8.73 acres as surveyed by Kenneth Carroll, RLS Tennessee License Number 1335, August 25, 2022.
Being a portion of the property conveyed to Expertus Health LLC, by deed of record in Deed Book D-36, Page 916, ROPCT.
Said sale shall be for cash, 10% deposit paid at the time of sale and the balance upon confirmation and delivery of deed, and otherwise according to the Rules of Chancery Court.
This day of 2023.
Charlene Duplessis, Clerk & Master and Special Commissioner
Web page: perrychancerysales.com
Ryan P. Durham
Charles W. Holt, Jr.
Attorney for Plaintiff and
Delphi Investment Group, Intervening Party
Boston, Holt & Durham, PLLC
- O. Box 357
Lawrenceburg, Tennessee 38464
James Y. Ross, Sr.
Attorney for Stephen Averett
- O. Box 1359
Waynesboro, Tennessee 38485
Attorney for Defendants
150 3rd Ave. South, Suite 1600
Nashville, Tennessee 37201