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PUBLIC NOTICES 4-16-25

Posted

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TRUSTEE’S SALE NOTICE

WHEREAS, on the 24th day of February, 2023, by deed of trust recorded in the Register’s Office of Perry County, Tennessee, in Book 146, page 246, Shad Higham, conveyed to William E. Bates, Trustee, the hereinafter described real estate to secure the payment of a note therein described; and

WHEREAS, default has been made in payment of said indebtedness and other provisions of the deed of trust have been violated, and the holder of said indebtedness has directed the Trustee to foreclose the deed of trust in accordance with the terms thereof; the public is, therefore, hereby notified that the undersigned Trustee will sell the hereinafter described real estate at public auction to the highest and best bidder for cash,

THURSDAY, APRIL 24, 2025, AT 2:00 P.M.

AT THE SOUTH DOOR OF THE COURT HOUSE

IN LINDEN, PERRY COUNTY, TENNESSEE

The property to be sold is located in Perry County, Tennessee, and is more particularly described as follows:

Situated in the Third (3rd) Civil District of Perry County, Tennessee, and being more particularly described as follows:

Tract One: Beginning at a 1 ¼” inch iron pipe found at the northeast corner of Troy and Peggy Brown ( Deed Book O-18, Page 572), the same being the southeast corner of Arnold McGee (Deed Book U-22, Page 633) and the southeast corner of the tract herein described, and runs; thence North 74 degrees 49 minutes 39 seconds West, 209.16 feet with the northerly line  of said Brown Parcel  to a ½ inch iron rod with an identification cap set; thence North 16 degrees 58 minutes 40 seconds East, 83.41 feet with a severance line of the aforementioned McGee parcel to a ½ inch iron rod with an identification cap set on the southerly line of Perry County, Tennessee (Deed Book U-24, Page 552); thence south 74 degrees 45 minutes 50 seconds East, 125.95 feet with said southerly line to a ½ inch iron rod with an identification cap set; thence north 15 degrees 14 minutes 10 seconds East, 25.00 feet with the easterly line of said parcel to a ½ inch iron rod with an identification cap set at the southwest corner of Steve Trull ( Deed Book S-21, Page 275); thence south 74 degrees 45 minutes 50 seconds East, 63.00 feet with the southerly line of said parcel to a ½ inch iron rod with an identification cap set at the northwest corner of Melinda Reeves (Deed Book N-17, Page 355); thence with the westerly line of said parcel as follows, South 15 degrees 14 minutes 10 seconds West, 25.00 feet to a ½ inch iron rod with an identification cap set; thence south 03 degrees 14 minutes 10 seconds West, 85.00 feet, passing the northwest corner of a 20-foot wide access easement at 51.32 feet and continuing with said westerly line, to the point of beginning.            

The above described tract has the use of a 20-foot wide access easement (reference above) that runs across the parcel owned by Melinda Reeves (Deed Book N-17, Page 355), the point of beginning of said above described tract, and the southwest corner of the easement herein described, and runs; thence North 03 degrees 14 minutes 10 seconds East, 33.68 feet with the easterly line of said above described tract to a point; thence South 33 degrees 11 minutes 42 seconds East, 82.07 feet across said Reeves parcel to a point on the northerly right-of-way of Brooklyn Avenue (a 40 foot right of way ); thence South 63 degrees 36 minutes 39 seconds West, 20.14 feet with said northerly right-of-way to a point; thence North 33 degrees 11 minutes 42 seconds West, 52.59 feet across said Reeves parcel to the Point of Beginning. Containing 0.42 of an acre within these bounds as determined by a Category 1 Survey done by Advantage Land Surveying (Devon R. Acheson – RLS # 1867) using magnetic bearings taken on October 27, 2004.

Tract Two: Beginning at a 1 inch iron pipe found on the northerly line of Troy and Peggy Brown (Deed Book O-18, Page 572), the same being the southeast corner of Perry County, Tennessee (Deed Book G-8, Page 399), the southwest corner of Arnold McGee (Deed Book U-22, Page 633) and the southwest corner of the tract herein described, and runs; thence North 11 degrees 18 minutes 19 seconds East, 83.65 feet with the easterly line of the aforementioned Perry County, Tennessee parcel to a ½ inch iron rod with an identification cap set on the southerly line of Perry County, Tennessee (Deed Book U-24, Page 552); thence South 74 degrees 45 minutes 50 seconds East, 78.75 feet with said southerly line to a ½ inch iron rod with an identification cap set; thence South 16 degrees 58 minutes 40 seconds West, 83.41 feet with a severance line of the aforementioned McGee parcel to a ½ inch iron rod with an identification cap set on the northerly line of the aforementioned Brown parcel; thence North 74 degrees 49 minutes 39 seconds West, 70.48 feet with said northerly line to the Point of Beginning. Containing 0.14 acre within these bounds as determined by a Category 1 survey done by Advantage Land Surveying (Devon R. Acheson – RLS# 1867) using magnetic bearings taken on October 27, 2004.

Also included in this conveyance is a Grant of Right of Way Easement as more particularly described and contained in Deed Book Y-28, Page 340, ROPCT.

Being the same property conveyed to Shad Thomas Er. Higham, et ux, Theresa Kay Higham, by deed of Arnold McGee, dated December 1, 2004, of record in deed Book   Y-28, Page 359, ROPCT. Theresa Kay Higham is now deceased, having died on February 16, 2022, leaving sole interest in Shad Thomas Er. Higham as surviving tenant by the entirety.

Also known as Map 075L, Group F, Parcel 19.00, in the Property Assessor’s Office of Perry County, Tennessee.

There is also conveyed to the trustee and/or holder of the note secured hereby a security interest in a 2008 Fleetwood 28’ x 52’ mobile home, which is permanently affixed to the above-described premises; and in the event of default, then the trustee and/or holder shall have all the rights of a secured party under the Tennessee Uniform Commercial Code.

This property is an improved tract identified as tax map 075L, group F, parcel 019.00, in the office of the Assessor of Property of Perry County, Tennessee.  The street address of the above-described property is believed to be 135 Brooklyn Avenue, Linden, Tennessee 37096; 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.

Pursuant to T.C.A. 35-5-104, other parties that may have an interest in the tract of land herein described are the following:

  1. Perry County Trustee through unpaid county taxes assessed as tax map 075L, group F, parcel 019.00, for 2023 in the amount of $175.82, plus penalty and interest; and for 2024 in the amount of $149.00, plus penalty and interest.
  2. Perry County Clerk & Master through unpaid county taxes assessed as tax map 075L, group F, parcel 019.00, for 2022 in the amount of $439.63, plus penalty and interest.
  3. Town of Linden through unpaid city taxes assessed as tax map 075L, group F, parcel 019.00, for 2024 in the amount of $32.58, plus penalty and interest.
  4. State of Tennessee Department of Revenue by Notice of State Tax Lien filed against Shad Higham, entered on October 3, 2023, a copy of which is recorded in Book M20, page 185, in the Register’s Office of Perry County, Tennessee.
  5. Tennessee Department of Labor & Workforce Development by Notice of State Tax Lien filed against Shad T. Higham, Individually, and d/b/a Paw’s Garage, entered on August 26, 2024, a copy of which is recorded in Book M20, page 717, in the Register’s Office of Perry County, Tennessee.

The sale will be made free from the equity of redemption, homestead, dower and all other rights and exemptions, which were expressly waived under said deed of trust.

Trustee will convey all his right, title and interest, but without warranties of title.  The sale will be made subject to any and all encumbrances, including but not limited to unpaid taxes; and I will sell and convey as Trustee and not otherwise.

The sale held pursuant to this Notice may be rescinded at the Trustee’s option at any time.  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 2nd day of April, 2025.

William E. Bates, Trustee

Bank of Perry County

P.O. Box 341

Linden, TN 37096

B 4/16

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        ORDER REQUIRING PUBLICATION

  1. 2025-CV-5537

H&S Partnership, Composed of Martin Haggard and Shannon Smith, Plaintiff V. The Heirs and Unknown Heirs of Brown George and Wife, Katie J. George, Decedents, Defendants

This cause came on to be heard on the 13 day of MARCH 2025, upon the Complaint for Claim of Abandoned Mineral Interest, and the Affidavit filed by Plaintiff's Attorney requesting service be had on the unknown heirs of Brown George and wife, Katie J. George, both deceased.

The Court finds from the affidavit filed with the Court, that H & S Partnership purchased certain real property from Barry Crews and Carol Crews, by deed dated January 29, 2025, and recorded in D46, page 504-508, Register's Office of Perry County, Tennessee, and designated as Map 126, Parcel 1.02 in the Office of the County Property Assessor of Perry County, Tennessee. Upon obtaining a title search on the real property it was revealed that the former owners of the property, Brown George and wife, Katie J. George, had retained a one-half undivided interest in the mineral rights, as set out in Warranty Deed recorded in Deed Book W-23, page 431, Register's Office of Wayne County, Tennessee; however the records in the Perry County Tax Assessor's Office reflects that there has been no separate mineral tax paid.

 The Court finds that the affidavit states that the said Brown George died April 3, 1965; and his wife, Katherine a/k/a Katie George died February 4, 1975. The parties had six (6) children, namely, Christine E. George Ozburn, who died February 7, 1996; Alberta George Bartch, who died April 13, 2003; Marie Emma George Barranco, who died July 31, 1996; Geneva George Jardet, who died December 29, 2007, and left surviving three (3) children, per the obituary of Geneva George Jardet, namely, James G. Jardet, Jr., Eunice Jardet Sterns, and Janice M. Jardet of Knoxville, TN; Jeanette George Laney, who died November 4, 2019, and left two (2) children, namely, Sandra Dempsey and Susan Combs; and Charles David George, who died April 16, 2014, and left four (4) children, namely, Beth George, Kay George Eysoldt, both of Cincinnati, Ohio, and Mary Ellen Cook and Julie Highsmith, of Columbia, Tennessee, per obituary of Charles David George.

The Court further finds that upon due diligent, the pursuit for the heirs of the deceased, Brown George and wife, Katie J. George, has been duly searched, finding various heirs, but no determination as to all the heirs, and no addresses for service of process.

IT IS HEREBY ORDERED that the Notice by Publication shall serve all of the known and unknown heirs of Brown George and Katie J. George, Defendants by publication of a notice in the Buffalo River Review, a newspaper of general circulation in Perry County, Tennessee, once a week for three (3) consecutive weeks, commencing on or before, APRIL 9 2025, to APRIL 23, 2025, and that the Defendants be required to enter their appearance and make defense on or before the 23rd day of June, 2025.

IT IS SO ORDERED.

HONORABLE MIGRAEL E. SPITZER,

WHILE HOLDING CHANCERY COURT

Approved for Entry;

JOSHUA H. POLK, ATTORNEY FOR PLAINTIFF

                PD 4/23

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TRUSTEE’S SALE NOTICE

WHEREAS, on the 9th day of November, 2010, by deed of trust recorded in the Register’s Office of Perry County, Tennessee, in Book 104, page 713, Christopher Grey Cummings, conveyed to William E. Bates, Trustee, the hereinafter described real estate to secure the payment of a note therein described; and

WHEREAS, default has been made in payment of said indebtedness and other provisions of the deed of trust have been violated, and the holder of said indebtedness has directed the Trustee to foreclose the deed of trust in accordance with the terms thereof; the public is, therefore, hereby notified that the undersigned Trustee will sell the hereinafter described real estate at public auction to the highest and best bidder for cash,

THURSDAY, MAY 8, 2025, AT 2:00 P.M.

AT THE SOUTH DOOR OF THE COURT HOUSE

IN LINDEN, PERRY COUNTY, TENNESSEE

The property to be sold is located in Perry County, Tennessee, and is more particularly described as follows:

Tract No. One:

Being and Lying in the Second (2nd) Civil District of Perry County, Tennessee, and lying north of Roans Creek Road, and being more particularly described as follows, to-wit:

Beginning at a point in the center of a 50-foot ingress-egress and utilities easement; said point being the north corner of tract being described and being the east corner of Tract 3, and the south boundary of Damon Johann Lindell et ux., as recorded in Deed Book D1, Page 650, Register’s Office of Perry County, Tennessee; thence with center of said easement and Lindell south 44 degrees 12 minutes 21 seconds east 170.91 feet to a point; thence south 28 degrees 42 minutes 15 seconds east 68.72 feet to a point; thence south 23 degrees 11 minutes 38 seconds east 40.60 feet to a point; thence south 15 degrees 38 minutes 55 seconds east 54.13 to a point; thence south 6 degrees 32 minutes 39 seconds west 52.93 feet to a point; thence south 16 degrees 49 minutes 09 seconds west 65.22 feet to a point; thence south 20 degrees 46 minutes 30 seconds west 84.80 feet to a point; thence south 24 degrees 44 minutes 28 seconds west 68.84 feet to a point; thence south 21 degrees 49 minutes 46 seconds west 47.39 feet to a point; thence south 9 degrees 27 minutes 07 seconds west 43.84 feet to a point; thence south 3 degrees 06 minutes 40 seconds east 95.02 feet to a point; thence south 17 degrees 36 minutes 56 seconds east 52.46 feet to a point; thence south 43 degrees 51 minutes 03 seconds east 67.02 feet to a point; thence south 57 degrees 43 minutes 38 seconds east 147.71 feet to a point; said point being the east corner of the tract being described, and being the north corner of Tract 5; thence leaving said easement with Tract 5 south 46 degrees 59 minutes 10 seconds west passing an iron pin set at 25.00 feet, in all a distance of 1239.79 feet to an iron pin set; said iron pin being the south corner of the tract being described, and the west corner of Tract 5 and the northeast boundary of Tract 6; thence leaving Tract 5 with Tract 6 north 51 degrees 44 minutes 13 seconds west 662.86 feet to an iron pin set; said iron pin being the west corner of the tract being described and being the north corner of Tract 6, and the southeast boundary of Tract 7; thence leaving Tract 6 with Tract 7 north 41 degrees 14 minutes 35 seconds east, passing an iron pin set at 90.42 feet and passing another iron pin set at 1735.85 feet, in all a distance of 1760.32 feet to the point of the beginning and containing 25.01 acres as surveyed by Kenneth Carroll, Registered Land Surveyor, Tennessee License No. 1335, dated March 27, 2007.

Tract No. Two

Being and Lying in the Second (2nd) Civil District of Perry County, Tennessee, and lying north of Roans Creek Road, and being Tract 5 and more particularly described as follows:

Beginning at a point in the center of a 50-foot ingress-egress and utilities easement; said point being the north corner of the tract being described and being the east corner of Tract 4, and the south boundary of Damon Johann Lindell et ux., as recorded in Deed Book D1, Page 650, Register’s Office of Perry County, Tennessee; thence with the center of said easement south 64 degrees 34 minutes 59 seconds east 101.56 feet to a point; thence south 48 degrees 23 minutes 13 seconds east 54.70 feet to a point; thence south 28 degrees 55 minutes 50 seconds east 91.75 feet to a point; thence south 40 degrees 04 minutes 53 seconds east 62.36 feet to a point; thence south 49 degrees 15 minutes 51 seconds east 139.70 feet to a point; thence south 76 degrees 31 minutes 45 seconds east 107.29 feet to a point; thence south 85 degrees 23 minutes 27 seconds east 99.98 feet to a point; thence south 72 degrees 23 minutes 05 seconds east 104.65 feet to a point; thence south 58 degrees 45 minutes 53 seconds east 100.47 feet to a point; said point being the east corner of the tract being described, and being the southwest corner of Lindell, and being the west corner of Wille Bryan III et ux., Dorothy, as recorded in Deed Book D3, Page 193, Register’s Office of Perry County, Tennessee, and being the north corner of William Dowda et ux., Elizabeth, as recorded in Deed Book D1, Page 599, Register’s Office of Perry County, Tennessee; thence leaving said easement with Dowda south 41 degrees 06 minutes 38 seconds west, passing an iron pin set at 25.00 feet, in all a distance of 1341.89 feet to an iron pin set; said iron pin being the south corner of the tract being described and being the east corner of Tract 6; thence leaving Dowda with Tract 6 north 51 degrees 44 minutes 12 seconds west 938.46 feet to an iron pin set; said iron pin being the west corner of the tract being described, and the south corner of Tract 4; thence with Tract 4 north 46 degrees 59 minutes 10 seconds east, passing an iron pin set at 1213.94 feet, in all a distance of 1239.79 feet to the point of the beginning and containing 25.01 acres as surveyed by Kenneth Carroll, Registered Land Surveyor, Tennessee License No. 1335, dated March 27, 2007.

The above tracts are subject to 25 feet of the 50-foot ingress-egress and utilities easement on the entire northeast boundary and are subject to any and all other easements, right of ways, or restrictions that may be of record in the Register’s Office of Perry County, Tennessee.

Tracts One and Two are the same property conveyed to Chris Cummings by warranty deed of Bank of Perry County, dated November 9, 2010, recorded in Book D11, page 241, in the Register’s Office of Perry County, Tennessee.

This property is an unimproved tract identified as tax map 028, parcel 016.00, in the office of the Assessor of Property of Perry County, Tennessee.  The address of the above-described property is believed to be Roans Creek Rd, Lobelville, Tennessee; 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.

Pursuant to T.C.A. 35-5-104, other parties that may have an interest in the tract of land herein described are the following:

  1. Perry County Trustee through unpaid county taxes assessed as tax map 028, parcel 016.00, for 2023 in the amount of $251.00, plus penalty and interest; and for 2024 in the amount of $251.00, plus penalty and interest.

The sale will be made free from the equity of redemption, homestead, dower and all other rights and exemptions, which were expressly waived under said deed of trust.

Trustee will convey all his right, title and interest, but without warranties of title.  The sale will be made subject to any and all encumbrances, including but not limited to unpaid taxes; and I will sell and convey as Trustee and not otherwise.

The sale held pursuant to this Notice may be rescinded at the Trustee’s option at any time.  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 16th day of April, 2025.

William E. Bates, Trustee

Bank of Perry County

P.O. Box 341

Linden, TN 37096

B 4/30

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TRUSTEE’S SALE NOTICE

WHEREAS, on the 24th day of January, 2011, by deed of trust recorded in the Register’s Office of Perry County, Tennessee, in Book 105, page 64, Christopher Grey Cummings, conveyed to William E. Bates, Trustee, the hereinafter described real estate to secure the payment of a note therein described; and

WHEREAS, default has been made in payment of said indebtedness and other provisions of the deed of trust have been violated, and the holder of said indebtedness has directed the Trustee to foreclose the deed of trust in accordance with the terms thereof; the public is, therefore, hereby notified that the undersigned Trustee will sell the hereinafter described real estate at public auction to the highest and best bidder for cash,

THURSDAY, MAY 8, 2025, AT 2:15 P.M.

AT THE SOUTH DOOR OF THE COURT HOUSE

IN LINDEN, PERRY COUNTY, TENNESSEE

The property to be sold is located in Perry County, Tennessee, and is more particularly described as follows:

TRACT NO. ONE: (Tract 1)  Being and lying in the 2nd Civil District of Perry County Tennessee and lying west of Roans Creek Road and being more particularly described as follows:

Beginning at a point in the center of a 50-foot ingress-egress and utilities easement; said point being the northeast corner of tract being described, and the southeast corner of Overhead Door Company of Sarasota Profit Sharing as recorded in Deed Book Y28, page 957, ROPCT, and the west boundary of Rudolph Tinker as recorded in Deed Book D1, page 957, ROPCT; thence with center of said easement and Tinker South 45 degrees, 08 minutes, 02 seconds East 176.53 feet to a point; thence south 52 degrees, 58 minutes, 16 seconds East 63.39 feet to a point; thence South 46 degrees, 26 minutes, 57 seconds East 200.22 feet to a point; thence South 51 degrees, 13 minutes, 34 seconds East 126.53 feet to a point; thence South 59 degrees, 41 minutes, 49 seconds East 158.78 feet to a point; thence South 74 degrees, 03 minutes, 06 seconds East 42.71 feet to a point; thence South 28 degrees, 08 minutes, 29 seconds East 57.11 feet to a point; thence South 23 degrees, 48 minutes, 51 seconds East 44.72 feet to a point; thence South 13 degrees, 23 minutes, 07 seconds East 243.02 feet to a point; thence South 20 degrees, 27 minutes, 02 seconds East 45.70 feet to a point; said point being the northeast corner of Tract 2 and being the southeast corner of tract being described; thence leaving easement with Tract 2 South 70 degrees, 57 minutes, 54 seconds West, passing an iron pin set at 25.00 feet, in all a distance of 2,111.65 feet to an iron pin set; said iron pin being the southwest corner of tract being described and being the northwest corner of Tract 2, and the east boundary of Dennis Layne as recorded in Deed Book U23, page 186, ROPCT; thence leaving Tract 2 with Layne North 03 degrees, 55 minutes, 19 seconds East 1,092.28 feet to an iron pin found; said iron pin being the northeast corner of Layne and being the south boundary of Overhead Door Company of Sarasota Profit Sharing and being the northwest corner of tract being described; thence leaving Layne with Overhead Door Company of Sarasota Profit Sharing North 89 degrees, 07 minutes, 27 seconds East 709.01 feet to an iron pin found; thence North 49 degrees, 05 minutes, 02 seconds East, passing an iron pin set at 633.35 feet, in all a distance of 658.36 feet to the point of the beginning and containing 37.79 acres as surveyed by Kenneth Carroll, R.L.S., TN License Number 1335, dated March 27, 2007.

The above tract is subject to 25 feet of a 50-foot R.O.W. of an ingress-egress and utilities easement on the east boundary and is subject to any and all other easements, R.O.W.s or restrictions that may be of record in the Register’s Office of Perry County, Tennessee.

TRACT NO. TWO:  (Tract 2) Being and lying in the 2nd Civil District of Perry County, Tennessee, and lying northeast of Roans Creek Road and being more particularly described as follows:

Beginning at a point in the center of a 50-foot ingress-egress and utilities easement; said point being the northeast corner of tract being described, and being the west boundary of Rudolph Tinker as recorded in Deed Book D1, page 957, ROPCT, and the southeast corner of Tract 1; thence with center of said easement and Tinker South 20 degrees, 27 minutes, 02 seconds East 112.62 feet to a point; thence South 15 degrees, 20 minutes, 09 seconds East 114.87 feet to a point; thence South 23 degrees, 34 minutes, 49 seconds East 67.36 feet to a point; thence South 33 degrees, 26 minutes, 17 seconds East 96.93 feet to a point; thence South 44 degrees, 41 minutes, 09 seconds East 23.32 feet to a point; said point being the eastern most southeast corner of tract being described, and being the north most corner of Tract 3; thence leaving said easement with Tract 3 South 43 degrees, 02 minutes, 12 seconds West, passing an iron pin set at 25.00 feet, in all a distance of 1,832.97 feet to an iron pin set; said iron pin being the west most corner of Tract 3, and being the north corner of tract 4; thence South 34 degrees, 15 minutes, 13 seconds West 181.61 feet to an iron pin found; said iron pin being the southeast corner of tract being described, and being the northeast corner of Edward Dabbs as recorded in Deed Book Y26, page 34, ROPCT; thence leaving Tract 4 with Dabbs North 86 degrees, 21 minutes, 51 seconds West 925.72 feet to an iron pin found; said iron pin being the southwest corner of tract being described and being the southeast corner of Dennis Layne as recorded in Deed Book U23, page 186, ROPCT, and being the north boundary of Dabbs; thence leaving Dabbs with Layne North 3 degrees, 55 minutes, 38 seconds East 1,156.21 feet to an iron pin set; said iron pin being the northwest corner of Tract 1; thence leaving Layne with Tract 1 North 70 degrees, 57 minutes, 54 seconds East, passing an iron pin set at 2,086.57 feet, in all a distance of 2,111.65 feet to the point of the beginning and containing 55.78 acres as surveyed by Kenneth Carroll, R.L.S. TN License Number 1335, dated March 23, 2007.

The above tract is subject to 25 feet of the 50-foot R.O.W. of the ingress-egress and utilities easement on the northeast boundary and is subject to any and all other easements, R.O.W.s or restrictions that may be of record in the Register’s Office of Perry County, Tennessee.

Tract 2 has additional access by a 50-foot right of way of an ingress-egress and utilities easement crossing 51.41-acre tract identified as Tract 3 hereinafter described, said easement being more specifically described as follows:

Beginning at a point in the center of a 50-foot ingress-egress and utilities easement, which said point stands South 54 degrees, 31 minutes, 45 seconds East 367.97 feet; South 43 degrees, 11 minutes, 03 seconds East 97.00 feet; South 2 degrees, 21 minutes, 56 seconds East 119.41 feet and South 25 degrees, 12 minutes, 05 seconds East 121.39 feet from the southeast corner of a 55.78-acre tract identified as Tract 2 described hereinabove; said point being the southeast corner of Tinker and being the southwest corner of Damon Johann Lindell et ux. of record in Deed Book D1, page 650, ROPCT; thence with a new 50-foot ingress-egress and utilities easement the following courses and distance:  North 71 degrees, 28 minutes, 20 seconds West 60.33 feet; South 70 degrees, 18 minutes, 51 seconds West 91.61 feet; South 71 degrees, 57 minutes, 14 seconds West 82.27 feet; North 69 degrees, 32 minutes, 03 seconds West 112.05 feet; North 74 degrees, 14 minutes, 28 seconds West 147.58 feet; North 82 degrees, 58 minutes, 43 seconds West 184.72 feet; South 87 degrees, 14 minutes, 35 seconds West 80.99 feet and South 79 degrees, 52 minutes, 58 seconds West 137.24 feet to a point standing in the eastern boundary of Tract 2 as described hereinabove.

TRACT NO. THREE:  (Tract 3) Being and lying in the 2nd Civil District of Perry County, Tennessee, and lying north of Roans Creek Road and being more particularly described as follows:

Beginning at a point in the center of a 50-foot ingress-egress and utilities easement, said point being the north corner of tract being described, and being the east most southeast corner of Tract 2, and being the west boundary of Rudolph Tinker as recorded in Deed Book D1, page 957, ROPCT; thence with center of easement and Tinker South 54 degrees, 31 minutes, 45 seconds East 367.97 feet to a point; thence South 43 degrees, 11 minutes, 03 seconds East 97.00 feet to a point; thence South 2 degrees, 27 minutes, 56 seconds East 119.41 feet to a point; thence South 25 degrees, 12 minutes, 05 seconds East 121.39 feet to a point, said point being the south corner of Tinker and being the southwest corner of Damon Johann Lindell et ux. as recorded in Deed Book D1, page 650, ROPCT; thence South 47 degrees, 38 minutes, 50 seconds East 200.41 feet to a point; thence South 56 degrees, 35 minutes, 59 seconds East 34.56 feet to a point; thence South 62 degrees, 30 minutes, 18 seconds East 67.29 feet to a point; thence South 45 degrees, 47 minutes, 55 seconds East 42.10 feet to a point; thence South 32 degrees, 16 minutes, 53 seconds East 117.92 feet to a point; thence South 38 degrees, 21 minutes, 09 seconds East 124.94 feet to a point; said point being the east corner of tract being described, and being the north corner of Tract 4; thence leaving said easement with Tract 4 South 41 degrees, 14 minutes, 35 seconds West, passing an iron pin set at 25.00 feet, in all a distance of 1,669.90 feet to an iron pin set; said iron pin being the south corner of tract being described, and the east corner of Tract 7 and being the southern most corner of Tract 3; thence leaving Tract 4 with Tract 7 & 3 North 49 degrees, 21 minutes, 32 seconds West 12,914.86 feet to an iron pin set; said iron pin being the west corner of tract being described, and being the south boundary of Tract 2, and being the north corner of Tract 7; thence leaving Tract 7 with Tract 2 North 43 degrees, 02 minutes, 12 seconds East, passing an iron pin set at 1,806.77 feet, in all a distance of 1,832.97 feet to the point of the beginning and containing 51.41 acres as surveyed by Kenneth Carroll, R.L.S., TN License Number 1335, dated March 27, 2007.

The above tract is subject to 25 feet of the 50-foot R.O.W. of the ingress-egress and utilities easement on the northeast boundary and is subject to any and all other easements, R.O.W.s, or restrictions that may be of record in the Register’s Office of Perry County, Tennessee.

The above Tract 3 is subject to a 50-foot right-of-way ingress-egress and utilities easement running the following courses and distances:

Beginning at a point in the center of a 50-foot ingress-egress and utilities easement, which said point stands South 54 degrees, 31 minutes, 45 seconds East 367.97 feet; South 43 degrees, 11 minutes, 03 seconds East 97.00 feet; South 2 degrees 21 minutes 56 seconds east 119.41 feet and South 25 degrees, 12 minutes, 05 seconds East 121.39 feet from the southeast corner of a 55.78-acre tract identified as Tract 2 described hereinabove; said point being the southeast corner of Tinker and being the southwest corner of Damon Johann Lindell et ux. of record in Deed Book D1, page 650, ROPCT; thence with a new 50-foot ingress-egress and utilities easement the following courses and distances:  North 71 degrees, 28 minutes, 20 seconds West 60.33 feet; South 70 degrees, 18 minutes, 51 seconds West 91.61 feet; South 71 degrees 57, minutes, 14 seconds West 82.27 feet; North 69 degrees, 32 minutes, 03 seconds West 112.05 feet; North 74 degrees, 14 minutes, 28 seconds West 147.58 feet; North 82 degrees, 58 minutes, 43 seconds West 184.72 feet; South 87 degrees, 14 minutes, 35 seconds West 80.99 feet and South 79 degrees, 52 minutes, 58 seconds West 137.24 feet to a point standing in the eastern boundary of Tract 2 as described hereinabove.

TRACT NO. FOUR:  (Tract 6)  Being and lying in the 2nd Civil District of Perry County, Tennessee, and lying northeast of Roans Creek Road and being more particularly described as follows:

Beginning at a P.K. nail in the center of Roans Creek Road, said P.K. nail being the south corner of tract being described, and being the west boundary of William Dowda et ux. as recorded in Deed Book D1, page 599, ROPCT; thence with center of said road North 43 degrees, 24 minutes, 13 seconds West 77.71 feet to a point; thence North 47 degrees, 15 minutes, 51 seconds West 88.03 feet to a point; thence North 50 degrees, 44 minutes, 43 seconds West 99.45 feet to a point; thence North 47 degrees, 29 minutes, 34 seconds West 83.59 feet to a point; thence North 43 degrees, 02 minutes, 32 seconds West 79.69 feet to a point; thence North 40 degrees, 11 minutes, 32 seconds West 183.67 feet to a P.K. nail; thence North 42 degrees, 06 minutes, 34 seconds West 144.80 feet to a point; thence North 41 degrees, 00 minutes, 29 seconds West 72.96 feet to a point; thence North 37 degrees, 03 minutes, 04 seconds West 99.02 feet to a point; thence North 34 degrees, 50 minutes, 11 seconds West 204.87 feet to a point; thence North 35 degrees, 47 minutes, 52 seconds West 120.35 feet to a point; thence North 37 degrees, 42 minutes, 51 seconds West 58.99 feet to a point; thence North 40 degrees, 03 minutes, 47 seconds West 71.77 feet to a point; thence North 43 degrees, 21 minutes, 31 seconds West 140.04 feet to a point; thence North 38 degrees, 27 minutes, 39 seconds West 97.57 feet to a P.K. nail; said P.K. nail being the west corner of tract being described, and being the south corner of Tract 7; thence leaving said road with Tract 7 North 41 degrees, 14 minutes, 35 seconds East, passing an iron pin set at 25.00 feet, in all a distance of 1,231.91 feet to an iron pin set; said iron pin being the west corner of Tract 4, and being the southeast boundary of Tract 7; thence leaving Tract 7 with Tract 4 South 51 degrees, 44 minutes, 13 seconds East 662.86 feet to an iron pin set, said iron pin being the south corner of Tract 4 and the west corner of Tract 5; thence leaving Tract 4 with Tract 5 South 51 degrees, 44 minutes, 12 seconds East 938.46 feet to an iron pin set, said iron pin being the east corner of tract being described and being the south corner of Tract 5, and west boundary of Dowda; thence leaving Tract 5 with Dowda South 41 degrees, 06 minutes, 37 seconds West, passing an iron pin set at 1,509.00 feet, in all a distance of 1,534.11 feet to the point of the beginning and containing 51.65 acres as surveyed by Kenneth Carroll, R.L.S., TN License Number 1335, dated March 28, 2007.

The above tract is subject to 25 feet of the 50-foot R.O.W. of Roans Creek Road on the northwest boundary and is subject to any and all other easements, R.O.W.s, or restrictions that may be of record in the Register’s Office of Perry County, Tennessee.

TRACT NO. FIVE:  (Tract 7) Being and lying in the 2nd Civil District of Perry County, Tennessee, and lying northeast of Roans Creek Road and being more particularly described as follows:

Beginning at a P.K. nail in the center of Roans Creek Road, said P.K. nail being the south corner of tract being described, and being the west corner of Tract 6; thence with center of said road North 32 degrees, 55 minutes, 26 seconds West 46.51 feet to a point; thence North 26 degrees, 10 minutes, 35 seconds West 65.33 feet to a point; thence North 24 degrees, 17 minutes, 20 seconds West 85.44 feet to a point; thence North 26 degrees, 17 minutes, 23 seconds West 75.59 feet to a point; thence North 30 degrees, 32 minutes, 16 seconds West 80.93 feet to a point; thence North 32 degrees, 14 minutes, 41 seconds West 250.96 feet to a point; thence North 37 degrees, 44 minutes, 25 seconds West 67.75 feet to a point; thence North 50 degrees, 42 minutes, 32 seconds West 86.49 feet to a point; thence North 57 degrees, 25 minutes, 33 seconds West 59.15 feet to a point; thence North 56 degrees, 38 minutes, 35 seconds West 38.52 feet to a point; thence North 51 degrees, 19 minutes, 04 seconds West 41.04 feet to a point; thence North 47 degrees, 45 minutes, 37 seconds West 64.51 feet to a point; thence North 50 degrees, 20 minutes, 15 seconds West 54.89 feet to a point; thence North 55 degrees, 33 minutes, 19 seconds West 81.13 feet to a point; thence North 58 degrees, 19 minutes, 12 seconds West 105.55 feet to a P.K. nail, said P.K. nail being the west corner of tract being described, and the east boundary of Edward Dabbs as recorded in Deed Book Y26, page 34, ROPCT; thence leaving said road with Dabbs North 35 degrees, 01 minute, 36 seconds East, passing an iron pin set at 25.00 feet, in all a distance of 969.07 feet to an iron pin found, said iron pin being the southeast corner of Tract 2, and the northeast corner of Dabbs; thence leaving Dabbs with Tract 2 North 34 degrees, 15 minutes, 13 seconds East 181.61 feet to an iron pin set, said iron pin being the north corner of tract being described, and being the west corner of Tract 3; thence leaving Tract 2 with Tract 3 South 49 degrees, 21 minutes, 32 seconds East for a distance of 1,291.86 feet to an iron pin set, said iron pin being the south corner of Tract 3, and being in the west boundary of Tract 4; thence with Tract 4 and passing the north corner of Tract 6 South 41 degrees, 14 minutes, 35 seconds East, passing an iron pin set at 90.42 feet, and at 1,296.33 feet, in all a distance of 1,322.33 feet to the point of the beginning and containing 32.80 acres as surveyed by Kenneth Carroll, R.L.S., TN License Number 1335, dated March 28, 2007.

The above tract is subject to 25 feet of the 50-foot R.O.W. of Roans Creek Road on the northwest boundary and is subject to any and all other easements, R.O.W.s or restrictions that may be of record in the Register’s Office of Perry County, Tennessee.

Being the same property conveyed to Christopher Grey Cummings by Special Warranty Deed from Paul Rawdon dated January 24, 2011, recorded in Book D11, page 598, in the Register’s Office of Perry County, Tennessee.

This property is an unimproved tract identified as tax map 028, parcel 004.00, in the office of the Assessor of Property of Perry County, Tennessee.  The address of the above-described property is believed to be Roans Creek Rd, Lobelville, Tennessee; 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.

Pursuant to T.C.A. 35-5-104, other parties that may have an interest in the tract of land herein described are the following:

  1. Perry County Trustee through unpaid county taxes assessed as tax map 028, parcel 004.00, for 2023 in the amount of $1,251.00, plus penalty and interest; and for 2024 in the amount of $1,251.00, plus penalty and interest.

The sale will be made free from the equity of redemption, homestead, dower and all other rights and exemptions, which were expressly waived under said deed of trust.

Trustee will convey all his right, title and interest, but without warranties of title.  The sale will be made subject to any and all encumbrances, including but not limited to unpaid taxes; and I will sell and convey as Trustee and not otherwise.

The sale held pursuant to this Notice may be rescinded at the Trustee’s option at any time.  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 16th day of April, 2025.

William E. Bates, Trustee

Bank of Perry County

P.O. Box 341

Linden, TN 37096

B 4/30

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