WHEREAS, by Trust Deed, dated the 5th day of June, 2008, recorded in the Register’s Office of Wayne County, Tennessee, in Record Book 110, Pages 921-923, JAMES TIMOTHY STAGGS, conveyed in Trust to James Y. Ross, Sr., Trustee, for the Bank of Waynesboro, the real property hereinafter described to secure the payment of a certain indebtedness described in said Deed of Trust; and
WHEREAS, default having been made in the payment of the debt, obligations, terms and conditions provided for in said Deed of Trust, and the entire indebtedness secured by the above referenced Deed of Trust has matured and is past due and unpaid; and
WHEREAS, the owner and holder of said Note secured by said Deed of Trust has directed the undersigned Trustee to foreclose said Deed of Trust in accordance with the terms and provisions thereof;
NOW, THEREFORE, by virtue of the authority vested in me as Trustee under said Deed of Trust, I will, on the 22nd day of April 2020, at 12:15 p.m., at the East door of the courthouse in Wayne, Tennessee, offer for sale and sell at public outcry to the last, highest and best bidder for cash and in bar of the equity of redemption, the statutory right of redemption, homestead, dower, curtesy, and all rights and exceptions of every kind, all of which is expressly waived in said Deed of Trust, the following described real property:
A certain tract or parcel of real property located, lying and being situated in the Seventh (7th) Civil District of Wayne County, Tennessee, and said real property is more particularly bounded and described as follows:
BEING Ranch No. 15 of the so-called Trails End Ranches Subdivision, the plat whereof is of record in the Register’s Office of Wayne County, Tennessee, in Plat Book No. 2, page 49, to which reference is here made and by such reference the locations, calls, distances, etc., as shown on such plat are made a part hereof as fully as if copied herein verbatim.
The lot hereby conveyed is subject to the following restrictive covenants and conditions, to-wit:
1. No ranch in this subdivision shall be used for any purpose other than residential, except that any church organization that desires to purchase a ranch in said subdivision for the purpose of erecting a church building and/or parsonage thereon, in keeping with the construction standards specified in these restrictive covenants, shall not be considered in violation of this restriction.
2. No tent, shack, garage, or other outbuilding located on the premises shall at any time be used as a residence either temporarily or permanently, and no structure shall be moved onto any ranch or ranches in this subdivision unless the same shall conform in all respects to these restrictions.
3. All sewage shall be disposed of through a septic tank built on each ranch which shall overflow into an adequate cesspool or into an open-jointed tile laid under the ground at sufficient depth, all of which shall meet the specification of the Wayne County Health Department, Waynesboro, Tennessee.
4. Any building constructed on any ranch in this subdivision shall have a set back from the margin of the street on which it faces of at least forty (40) feet. In the event a corner ranch is involved so that the same is adjacent to the road on two sides thereof, then the set back shall be forty (40) feet from either street adjacent or contiguous thereto.
5. No building shall be located on any ranch or ranches nearer than forty (40) feet to an interior line.
6. No more than one dwelling shall be located on any single ranch in this subdivision. Outbuildings may be constructed on said ranch but said outbuildings shall not be used for residential purposes, as set out in Restriction No. 2 above stated.
7. Each ranch in said subdivision is hereby encumbered by a permanent or perpetual easement across the front thereof regardless of direction, which easement is ten (10) feet in width measured at right angles from the street on which said ranch fronts. This easement is for the purpose of the construction, operation and maintenance of water lines, sewer lines, natural gas distribution lines, telephone lines, television cable lines and electrical distribution lines.
8. All of the foregoing conditions shall be construed as restrictive covenants. The lot hereby conveyed is a part of the subdivision above referred to and such restrictions are reciprocal as between all purchasers of lots in said subdivision having similar restrictions in their several deeds and may be enforced or the breach thereof may be prevented via suit to restrain the violation or by suit to recover damages for their violation by the grantor herein or by any one or more of the purchasers of such other lot or lots having the same restrictions or conditions in their respective deeds.
9. In the event any one or more of these covenants are held invalid by a court of competent jurisdiction, the same shall not affect any of the other provisions or covenants herein contained, but the same shall remain in full force and effect.
This being the same real property conveyed to James Timothy Staggs by deed of Heather Staggs, dated the 5th day of June, 2008, filed of record in the Register’s Office of Wayne County, Tennessee, in Record Book 110, Page 918, on the 12th day of June, 2008, at 10:48 a.m.; and being the same real property conveyed to James Timothy Staggs by deed of Hassell & Hughes Lumber Company, Inc., dated June 2, 1989, filed of record in the Register’s Office of Wayne County, Tennessee, in Deed Book 115, Page 315, on June 6, 1989, at 10:00 a.m.
The street address of the above-described property, whether real, personal or otherwise, is believed to be: 3159 Bucksnort Ridge Road, Collinwood Tennessee, 38450; but such address is not part of the legal description of the property described herein above and, in the event of any discrepancy, the legal description herein shall control.
Said real property will be sold subject to any and all unpaid taxes, restrictive covenants, subdivision restrictions, and building lines, easements for public utilities, and other easements, and any and all prior restrictions, encumbrances, fixture filings, liens of any nature, including Federal Tax Liens and State Tax Liens and statutory rights of redemption of any county, municipal, state or federal governmental entity, and any matter that an accurate survey, or personal observation, of the premises might disclose. In addition, the following parties’ may claim an interest in said property, to wit:
Lien Holders: Bank of Waynesboro
Other Interested Parties: Wayne County Trustee
The right is reserved to adjourn the day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth herein. If the highest bidder cannot pay the bid, then the next highest bidder, at their highest bid, will be deemed the successful bidder. However, this property is being sold with the express reservation that the sale is subject to confirmation by the owner/holder or trustee/substitute trustee, and this sale may be rescinded at any time by the owner/holder or substitute/trustee.
Title to said real property is believed to be good, but I will sell and convey he same only as Substitute Trustee, and the buyer must rely upon his or her own judgment and investigation as to the status of title.
The purpose of this communication is to collect a debt and any information obtained will be used for the purpose of collecting said indebtedness.
This 30th day of March, 2020.
JAMES Y. ROSS, SR., TRUSTEE, BPR#012779
BARRISTER’S BUILDING, 102 PUBLIC SQUARE N.
POST OFFICE BOX 1359
WAYNESBORO, TENNESSEE 38485
(931) 722-7175/FACSIMLE (931) 722-7190