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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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WATER SYSTEM NOTICE
The Lobelville Water System 2024 Water Quality Report will be published in the Buffalo River Review on April 16th, 2025. This report will not be direct mailed to customers. You may request a copy by calling 931-593-2388.
B 4/16
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ORDER REQUIRING PUBLICATION
NO. 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.