Notice of Foreclosure

0
477

NOTICE OF FORECLOSURE

   WHEREAS, by Deed of Trust dated November 3, 2007, of record in Record Book 103, page 270, Register’s Office of Wayne County, Tennessee, Miller Brangus, LLC, a Tennessee Limited Liability Company, David Doyle Miller, unmarried, Ewell D. Miller, Jr., aka Bert Miller, and Mildred K. Miller, aka Mildred Kay Miller, husband and wife, did convey unto T. Mike Estes, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and

   WHEREAS, FARM CREDIT MID-AMERICA, FLCA, (fka FARM CREDIT SERVICES OF MID-AMERICA, FLCA), is the owner and holder of the note secured by said Deed of Trust hereinabove referred to; and

   WHEREAS, W. ANDREW BOBO was appointed Substitute Trustee by Appointment of Substitute Trustee of record in Record Book 230, page 672, Register’s Office of Wayne County, Tennessee; and

   WHEREAS, the said real estate described in said Deed of Trust is as follows:

TRACT 1 (Parcel 3C):

Situated, lying and being in the 6th Civil District of Wayne County, Tennessee, South of a 50 ft. wide access easement (Extension of Kelly Chapel Church Road), and being more particularly described as follows:

Beginning at an iron pin set on the south margin of a 50 ft. wide access easement (extension of Kelly Chapel Church Road), being the northwest corner of described tract, and the northeast corner of Osteen Shann (Deed Book 40, page 542); thence along the south margin of said easement, and dirt road, South 83 degrees 59 minutes 18 seconds East for 319.78 feet, South 65 degrees 11 minutes 34 seconds East for 234.86 feet, South 57 degrees 26 minutes 48 seconds East for 178.34 feet, South 79 degrees 38 minutes 52 seconds East for 93.51 feet, North 73 degrees 14 minutes 13 seconds East for 206.59 feet, North 87 degrees 02 minutes 43 seconds East for 293.97 feet, North 72 degrees 03 minutes 45 seconds East for 711.59 feet, North 87 degrees 05 minutes 29 seconds East for 85.73 feet, South 79 degrees 56 minutes 33 seconds East for 146.25 feet, South 61 degrees 06 minutes 51 seconds East for 119.35 feet, North 88 degrees 39 minutes 34 seconds East for 360.72 feet, South 83 degrees 28 minutes 00 seconds East for 164.25 feet, North 84 degrees 02 minutes 02 seconds East for 195.36 feet, North 77 degrees 22 minutes 15 seconds East for 276.48 feet, South 79 degrees 15 minutes 15 seconds East for 97.11 feet, to a point being the northeast corner of described tract; thence leaving said access easement, South 06 degrees 42 minutes 11 seconds West for 258.18 feet to an iron pin set, being a northwest corner of Sustainable Forests, LLC (Deed Book 25, page 883); thence along the west red painted line of Sustainable Forests, LLC, South 06 degrees 42 minutes 11 seconds West for 2224.48 feet to a 10 inch oak at a woods road, South 06 degrees 28 minutes 22 seconds West for 1233.57 feet to a 5 inch cherry near the west margin of a pipeline, South 07 degrees 33 minutes 20 seconds West for 713.42 feet to a 5 inch poplar near the east margin of said pipeline, South 07 degrees 06 minutes 44 seconds West for 295.02 feet to a 6 inch corner blazed hickory, being the southeast corner of described tract, and an interior corner of Sustainable Forest; thence along the north red painted line of Sustainable Forests, North 88 degrees 25 minutes 13 seconds West 268.54 feet to an 18 inch oak, North 79 degrees 53 minutes 01 seconds West 511.11 feet to a 12 inch oak, North 81 degrees 37 minutes 14 seconds West for 614.16 feet to a corner blazed 24 inch oak, North 08 degrees 38 minutes 57 seconds East for 784.38 feet to a 12 inch oak, North 06 degrees 05 minutes 09 seconds East for 553.56 feet to an iron pin set, north 84 degrees 07 minutes 50 seconds West for 464.82 feet to a 24 inch oak, North 83 degrees 05 minutes 08 seconds West for 887.19 feet to an 8 inch oak, North 83 degrees 13 minutes 14 seconds West for 162.06 feet to a painted rock corner, being the northwest corner of Sustainable Forest, and a northeast corner of Tammy Irons (Deed Book 64, page 831); thence along the north red painted line of Irons, North 80 degrees 36 minutes 25 seconds West for 481.63 feet to a twin 8 inch hickory, being the southwest corner of described tract, and an interior corner of Irons; thence along the east red painted line of Irons, North 04 degrees 11 minutes 49 seconds West for 168.78 feet to a 12 inch oak, North 10 degrees 12 minutes 06 seconds East for 482.29 feet to a 24 inch hickory, North 08 degrees 09 minutes 01 seconds East for 1091.78 feet to a painted rock corner, being a northeast corner of Irons, and the southeast corner of aforementioned Osteen Shann; thence along the east red painted line of Shann, North 07 degrees 24 minutes 23 seconds East for 1190.17 feet to the point of beginning, containing 280.80 acres.  The above survey was performed by Dale E. Sagely, TN Registered Land Surveyor #1888, on March 31-April 27, 2005, using a T1000 total station, with a Category II closure, and a Record North Bearing.

Subject to a Tennessee Gas Pipeline Easement (D.B. 40, pg. 82; D. B. 48, pg. 245, Register’s Office of Wayne County, Tennessee).

TRACT 2:

Situated, lying and being in the 6th Civil District of Wayne County, Tennessee, and being more particularly described as follows:

Beginning at an iron pin set, being the southwest corner of described tract, and the northwest corner of Sustainable Forests, LLC (Deed Book 25, page 883); thence North 06 degrees 42 minutes 11 seconds East for 258.18 feet to a point located on the south margin of a 50 foot wide access easement; thence along said easement margin, South 79 degrees 15 minutes 15 seconds East for 122.12 feet, North 88 degrees 18 minutes 58 seconds East for 88.08 feet, North 74 degrees 11 minutes 06 seconds East for 216.68 feet to an iron pin set near the west margin of Tennessee Gas Pipeline easement; thence generally along said pipeline margin, North 16 degrees 38 minutes 18 seconds East for 59.66 feet to an iron pin found on the north margin of aforementioned access easement, being the southeast corner of Patrick Stanfield (Record Book 11, page 196); thence continuing along the west margin of pipeline easement, and the east line of Stanfield, North 16 degrees 38 minutes 18 seconds East passing an iron pin found at 1219.19 feet, for a total distance of 1273.06 feet to an iron pin set on the north margin of a 50 foot wide ingress/egress easement (dated August 19, 1991, in MCL Book 22, page 390); thence along the north margin of said ingress/egress easement, North 39 degrees 41 minutes 33 seconds West for 143.07 feet, North 19 degrees 30 minutes 48 seconds West for 96.52 feet, North 35 degrees 20 minutes 35 seconds West for 195.96 feet, North 03 degrees 17 minutes 12 seconds West 287.57 feet, North 08 degrees 59 minutes 18 seconds East for 251.14 feet, North 05 degrees 29 minutes 48 seconds West for 103.01 feet, North 11 degrees 35 minutes 32 seconds East for 57.11 feet, North 37 degrees 37 minutes 40 seconds East for 47.62 feet, North 18 degrees 44 minutes 29 seconds East for 185.55 feet, North 26 degrees 08 minutes 24 seconds East for 107.11 feet, North 14 degrees 23 minutes 52 seconds East for 141.90 feet, North 00 degrees 17 minutes 58 seconds East for 73.73 feet, North 15 degrees 49 minutes 53 seconds West for 78.61 feet, North 38 degrees 45 minutes 32 seconds West for 60.21 feet, North 72 degrees 48 minutes 27 seconds West for 273.03 feet, South 87 degrees 45 minutes 57 seconds West for 51.61 feet to a point, being a southwest corner of described tract; thence leaving said ingress/egress easement, North 09 degrees 11 minutes 50 seconds East for 2918.81 feet to a point, being a northwest corner of described tract, and the southwest corner of Patrick Stanfield (Tax Map 21, Parcel 21.01); thence along the south line of Stanfield, South 81 degrees 44 minutes 29 seconds East for 2012.96 feet to a point, being an interior corner of described tract, and the southeast corner of Stanfield; thence along the east line of Stanfield, North 09 degrees 11 minutes 50 seconds East for 671.40 feet to an iron pin found, being a northwest corner of described tract, and the southwest corner of Charles Kendrick (Record Book 3, page 183); thence along the south red painted line at Kendrick,  South 80 degrees 36 minutes 06 seconds East for 495.86 feet to a 6 inch oak, South 00 degrees 55 minutes 12 seconds West for 120.85 feet to an iron pin found, South 15 degrees 53 minutes 39 seconds East for 515.36 feet to an iron pin found, South 47 degrees 50 minutes 28 seconds East for 176.09 feet to an iron pin found, South 18 degrees 54 minutes 53 seconds East for 714.74 feet to an iron pin found, South 37 degrees 13 minutes 39 seconds Est for 69.02 feet to a point located in Robinette Creek, North 50 degrees 41 minutes 22 seconds East for 73.19 feet to an iron pin found, North 18 degrees 26 minutes 59 seconds West for 1438.02 feet to an iron pin set in said creek, South 87 degrees 20 minutes 43 seconds East for 253.13 feet to an 18 inch hickory, South 87 degrees 34 minutes 59 seconds East for 843.03 feet to an iron pin found, being the northeast corner of described tract, and an interior corner of Kendrick; thence along the west line of Kendrick, South 06 degrees 51 minutes 20 seconds West for 100.07 feet to an iron pin found, South 06 degrees 56 minutes 40 seconds West for 6443.14 feet to an iron pin found, being the southeast corner of described tract, the southwest corner of Kendrick, lying on the north lien of Bascom Gulf LLC (Deed 157, page 10); thence along the north red painted line of Bascom Gulf, North 78 degrees 59 minutes 25 seconds West for 285.85 feet to an 18 inch oak, North 84 degrees 19 minutes 34 minutes West for 725.39 feet to an iron pin set, being the northwest corner of Bascom Gulf; thence along the west painted line of Bascom Gulf, South 05 degrees 56 minutes 33 seconds West for 354.66 feet to a 12 inch corner blazed oak being the northeast corner of aforementioned Sustainable Forests, LLC; thence along the north red painted line of Sustainable Forests, North 87 degrees 15 minutes 49 seconds West for 402.64 feet to an iron pin set in woods road, North 83 degrees 22 minutes 58 seconds West for 1358.82 feet to an iron pin set in woods road, North 83 degrees 22 minutes 58 seconds West for 1136.12 feet to the point of beginning, containing 536.68 acres.

The above survey was performed by Dale E. Sagely, TN Registered Land Surveyor #1888, on March 31-April 27, 2005, using a T1000 total station, with a Category II closure, and a Record North bearing.

Subject to Tennessee Gas Pipeline Easement (Deed Book 40, page 82; and Deed Book 48, page 245, Register’s Office of Wayne County, Tennessee).

Subject to a 50 foot wide ingress/egress easement (dated Aug. 19, 1991, in MCL Book 22, page 390) having an area of 2.16 acres, crossing over above described tract.

TRACTS 1 & 2 being a portion of the property conveyed to Miller Brangus, LLC, a Tennessee Limited Liability Company, by Quitclaim Deed dated March 6, 2007, from Holliday Accomodator Company-B, LLC, a Tennessee Limited Liability Company, of record in Record Book 94, Page 274, Register’s Office of Wayne County, Tennessee.

NOTE:  Tracts Nos. 1 & 2 have most recently been conveyed to MBCC, LLC, by deed from Miller Brangus, LLC, dated January 21, 2015, of record in Deed Book 171, page 945, Register’s Office of Wayne County, Tennessee.

TRACT 3:

Situated, lying and being in the 6th Civil District of Wayne County, Tennessee, and being more particularly described as follow:

Beginning at an 18 inch marked White oak found at the southeast corner of Tracts No. 3 and 4 of Lonnie and Marie Rasbury (Plat Cabinet A, page 83), the same being the southwest corner of Margo Todd (Deed Book 145, page 832) and an interior corner of the northerly line of the tract herein described, and runs thence South 81 degrees 12 minute 20 seconds East 1030.71 feet with the southerly line of said todd parcel to a ½ inch iron rod with an identification cap set on the southerly right of way of State Highway 99 (a 60 foot wide right of way); thence with a severance line of Kwok Leung Yu (Deed Book 78, page 31) and said right of way as follows, with a curve to the left having a radius of 744.70 feet, an arc length of 219.77 feet and a corner bearing and distance of South 59 degrees 32 minutes 27 seconds East 218.97 feet to a point; thence South 67 degrees 59 minutes 43 seconds East 576.22 feet to a point; thence with a curve to the right having a radius of 693.56 feet, an arc length of 561.65 feet, and a chord bearing and distance of South 44 degrees 47 minutes 46 seconds East 546.43 feet to a point; thence South 21 degrees 35 minutes 48 seconds East 129.10 feet to a point; thence with a curve to the left having a radius of 985.32 feet, an arc length of 418.47 feet, and a chord bearing and distance of South 33 degrees 45 minutes 49 seconds East 415.33 feet to a point; thence South 45 degrees 55 minutes 49 seconds East 508.10 feet to a point; thence with a curve to the left having a radius of 468.03 feet, an arc length of 532.62 feet, and a chord bearing and distance of South 78 degrees 31 minutes 55 seconds East 504.34 feet to a ½ inch iron rod with an identification cap set at the intersection of said southerly right of way with the westerly right of way of a 50 foot wide access easement; thence leaving said southerly right of way and continuing with said westerly right of way and said severance line as follows:  South 41 degrees 01 minute West 104.93 feet to a point; thence South 11 degrees 55 minutes 46 seconds West 82.88 feet to a point; thence South 12 degrees 20 minutes 20 seconds East 127.51 feet to a point; thence South 09 degrees 50 minutes 17 seconds West 139.92 feet to a point; thence South 26 degrees 08 minutes 58 seconds West 401.33 feet to a point; thence South 07 degrees 18 minutes 17 seconds West 119.31 feet to a point; thence South 14 degrees 18 minutes 39 seconds East 140.89 feet to a point; thence South 23 degrees 03 minutes 54 seconds East 122.28 feet to a point; thence South 11 degrees 46 minutes 19 seconds East 379.33 feet to a point; thence  South 15 degrees 42 minutes 54 seconds West 71.20 feet to a point; thence South 31 degrees 15 minutes 10 seconds West 227.53 feet to a point; thence South 39 degrees 11 minutes 07 seconds West 84.58 feet to a point; thence South 23 degrees 00 minutes 01 seconds West 304.21 feet to a point; thence South 12 degrees 15 minutes 33 seconds East 93.66 feet to a point; thence South 27 degrees 33 minutes 59 seconds East 234.90 feet to a point; thence South 41 degrees 05 minutes 17 seconds East 76.76 feet to a point; thence South 13 degrees 16 minutes 02 second East 402.13 feet to a point; thence South 44 degrees 10 minutes 54 seconds East 114.56 feet to a point; thence North 87 degrees 10 minutes 46 seconds East 238.13 feet to a point; thence South 74 degrees 15 minutes 38 seconds East 247.56 feet to a point; thence South 43 degrees 44 minutes 53 seconds East 37.71 feet to a point; thence South 17 degrees 17 minutes 27 seconds East 64.58 feet to a point; thence South 01 degree 01 minute 18 seconds East 60.78 feet to a point; thence South 13 degrees 57 minutes 39 seconds West 131.55 feet to a point; thence South 25 degrees 54 minutes 06 seconds West 113.77 feet to a point; thence South 18 degrees 14 minutes 51 seconds West 173.00 feet to a point; thence South 32 degrees 46 minutes 40 seconds West 67.11 feet to a point; thence South 09 degrees 37 minutes 37 seconds West 70.93 feet to a point; thence South 06 degrees 27 minutes 43 seconds East 89.94 feet to a point; thence South 08 degrees 40 minutes 40 seconds West 262.72 feet to a point; thence South 04 degrees 43 minutes 16 seconds East 313.33 feet to a point; thence South 35 degrees 50 minutes 53 seconds East 182.92 feet passing the westerly line of Kwok Leung Yu (Deed Book 78, page 23), and continuing with said westerly right of way and severance line of said Yu parcel (Deed Book 78, page 23) to a point; thence with said westerly right of way and severance line of said Yu parcel (Deed Book 78, page 23) to a point; thence with said westerly right of way and said severance line as follows:  South 20 degrees 44 minutes 40 seconds East 110.75 feet to a point; thence South 37 degrees 18 minutes 15 seconds East 119.78 feet to a point thence South 51 degrees 19 minutes 10 seconds East 55.53 feet to a ½ inch iron rod with an identification cap set; thence leaving said westerly right of way, South 16 degrees 38 minutes 29 seconds West 1218.94 feet with said severance line to a ½ inch iron rod with an identification cap set on the northerly right of way of another 50 foot wide access easement; thence South 73 degrees 34 minutes 33 seconds West 233.97 feet with said severance line and said northerly right of way, passing the easterly line of Kwok Leung Yu (Deed Book 78, page 31) and continuing with said northerly right of way and a severance line of said parcel, to a point; thence with said severance line and said northerly right of way as follows:  North 88 degrees 38 minutes 50 seconds West 80.75 feet to a point; thence North 80 degrees 13 minutes 29 seconds West 238.29 feet to a point; thence South 77 degrees 19 minutes 36 seconds West 271.29 feet to a point; thence South 83 degrees 41 minutes 51 seconds West 184.40 feet to a point; thence North 83 degrees 38 minutes 58 seconds West 171.85 feet to a point; thence South 87 degrees 36 minutes 29 seconds West 335.58 feet to a point; thence North 62 degrees 17 minutes 28 seconds West 134.91 feet to a point; thence North 80 degrees 27 minutes 34 seconds West 157.87 feet to a point; thence South 86 degrees 05 minutes 51 seconds West 97.94 feet to a point; thence South 71 degrees 56 minutes 56 seconds West 698.82 feet to a point; thence South 86 degrees 44 minutes 23 seconds West 306.78 feet to a point; thence South 71 degrees 53 minutes 30 seconds West 184.90 feet to a point; thence North 82 degrees 28 minutes 23 seconds West 72.36 feet to a  point; thence North 57 degrees 35 minutes 26 seconds West 185.46 feet to a point; thence North 65 degrees 46 minutes 45 seconds West 250.41 feet to a point; thence North 83 degrees 55 minutes 07 seconds West 315.68 feet to a ½ inch iron rod with an identification cap set on the easterly line of Osteen and Rosetta Shawn (Deed Book 40, page 542); thence North 07 degrees 37 minutes 44 seconds East 1694.34 feet with said easterly line to a ½ inch iron rod with an identification cap set in a rock pile on the southerly line of Alvin and Shirley Crews (Deed Book 52, page 360); thence with said southerly line as follows:  South 79 degrees 06 minutes 35 seconds East 491.39 feet to a marked 10 inch hickory found; thence South 87 degrees 18 minutes 16 seconds East 452.12 feet to a marked 6 inch hickory found; thence South 85 degrees 28 minutes 02 seconds East 423.58 feet to a marked 4 inch hickory found; thence South 80 degrees 58 minutes 51 seconds East 172.99 feet to a ½ inch iron rod with an identification cap set at the southeast corner of said parcel; thence with the easterly line of said parcel as follows:  North 09 degrees 20 minutes 42 seconds East 584.65 feet to a marked 24 inch beech found; thence North 20 degrees 27 minutes 32 seconds East 247.22 feet to marked 6 inch ash found; thence North 05 degrees 29 minutes 11 seconds East 104.34 feet to a marked 14 inch poplar found; thence North 00 degrees 36 minutes 32 seconds West 29.63 feet to a marked 8 inch oak found at the northeast corner of said parcel; thence with the northerly line of said parcel as follows:  North 51 degrees 30 minutest 14 seconds West 29.67 feet to a marked 6 inch hickory found; thence North 69 degrees 56 minutes 13 seconds West 62.82 feet to a marked 4 inch hickory found; thence North 82 degrees 23 minutes 33 seconds West 276.14 feet to a marked 8 inch oak found; thence North 64 degrees 50 minutes 46 seconds West 485.47 feet to a marked 10 inch hickory found at the southeast corner of Lillie Kelley (Deed Book 146, page 417); thence with the easterly line of said parcel as follows:  North 14 degrees 04 minutes 18 seconds West 116.36 feet to a marked 12 inch white oak found; thence North 00 degrees 24 minutes 38 seconds West 374.77 feet to a marked 10 inch white oak found; thence North 09 degrees 51 minutes 31 seconds East 340.94 feet to a marked 4 inch hickory found; thence North 42 degrees 33 minutes 38 seconds West 80.73 feet to a marked 4 inch poplar found; thence North 77 degrees 24 minutes 35 seconds West 264.90 feet to a marked 6 inch poplar found; thence South 85 degrees 29 minutes 39 seconds West 84.78 feet to a marked 6 inch oak found; thence North 20 degrees 21 minutes 57 seconds West 298.98 feet to a marked 12 inch poplar found; thence North 13 degrees 50 minutes 14 seconds West 217.11 feet to a marked 4 inch hickory found; thence North 20 degrees 57 minutes 59 seconds West 209.10 feet to a marked 8 inch gum found; thence North 84 degrees 52 minutes 41 seconds West 246.71 feet to a marked 8 inch hickory found; thence North 81 degrees 45 minutes 13 seconds West 346.27 feet to a marked 12 inch oak found; thence North 83 degrees 02 minute 52 seconds West 484.28 feet to a marked 10 inch gum found; thence North 77 degrees 51 minutes 17 seconds West 239.41 feet to a marked 18 inch hickory found; thence North 38 degrees 38 minutes 59 seconds West 58.39 feet to a marked 12 inch white oak found; thence North 11 degrees 04 minutes 49 seconds East 117.07 feet to a marked 20 inch white oak found; thence North 18 degrees 59 minutes 11 seconds East 27.24 feet to a ½ inch iron rod with an identification cap set; thence North 05 degrees 20 minutes 52 seconds West 116.80 feet to a ½ inch iron rod with an identification cap set; thence North 03 degrees 41 minutes 11 seconds East 282.04 feet to a ½ inch iron rod with an identification cap (RLS #1335) found at the southeast corner of Mary E. Rapadas, et al (Deed Book 153, page 259); thence North 49 degrees 20 minutes 35 seconds East 126.12 feet with the easterly line of said parcel to a ½ inch iron rod with an identification cap (RLS #1335) found at an interior corner on the southerly line of Patrick Stanfield (Deed Book 155, page 173); thence South 84 degrees 37 minutes 38 seconds East 450.35 feet with said southerly line to a ½ inch iron rod with an identification cap (RLS #1335) found at the southeast corner of said parcel; thence North 07 degrees 24 minutes 17 seconds East 1196.54 feet with the easterly line of said parcel to a ½ inch iron rod with an identification cap (RLS #1335) found at the southeast corner of Kathy Smotherman (Deed Book 153, page 286); thence North 06 degrees 56 minutes 11 seconds East 1157.94 feet with the easterly line of said parcel to a marked 12 inch hickory found at the southeast corner of Tract No. 2 of the aforementioned Rasbury parcel; thence North 34 degrees 39 minutes 31 seconds East 27.83 feet with the easterly line of said Tract No. 2 to a ½ inch iron rod with an identification cap (RLS #1867) found at the southeast corner of Tract No. 3 of said parcel; thence North 34 degrees 39 minutes 40 seconds East 302.77 feet with the easterly line of said Tract No. 3 to a ½ inch iron rod with an identification cap (RLS #1867) found at the southwest corner of the aforementioned Tracts No. 3 and No. 4 of said parcel; thence South 81 degrees 18 minutes 10 seconds east 74.24 feet with the southerly line of said tracts to the point of beginning, containing 531.84 acres, within these bounds, according to the survey of Devon R. Acheson, Registered Land Surveyor No. 1867, April 19, 2000.

There is also conveyed herewith the nonexclusive right to use of a 50 foot wide nonexclusive easement as set forth in MCL Book 22, page 390, Register’s Office of Wayne County, Tennessee.

This tract is conveyed subject to a 50 foot wide easement in favor of Champion International Corporation, et al, dated August 29, 1991, recorded in MCL Book 22, page 390, Register’s Office of Wayne County, Tennessee.

This tract is also conveyed subject to right of way of Natural Bridge Road, also known as State Highway 99 and Kelly Chapel Road, shown as a 50 foot easement on survey, all other roadways and/or rights of ways which may cross subject property.

This tract is conveyed subject to the flow of any creeks, streams or waterways.

Subject to easement to Mercatare Enterprises in MCL 6, Page 408, Register’s Office of Wayne County, Tennessee.

Subject to an exclusion of ¼ interest in mineral rights as set out in Deed Book 60, Page 588, Register’s office of Wayne County, Tennessee, and mineral rights exception in Chattel Mortgage 28, page 174, Register’s Office of Wayne County, Tennessee.

Subject to an easement to Tennessee Gas Transmission Company in deed Book 48, page 245, Register’s Office of Wayne County, Tennessee.

TRACT 4:

Situated, lying and being in the 6th Civil District of Wayne County, Tennessee, lying east of, South of and adjacent to State Highway 99 (Ashland Road), and being more particularly described as follows:

Beginning at an iron pin set in the eastern right of way of State Highway 99, said iron pin being in the boundary of Mary Ashmore as recorded in Deed Book 100, page 480, Register’s Office of Wayne County, Tennessee, and the southern most southwest corner of the property being described; thence with said highway North 12 degrees 03 minutes 19 seconds East 67.21 feet, North 9 degrees 43 minutes 58 seconds Est 90.98 feet, North 4 degrees 31 minutes 57 seconds East 120.89 feet, North 3 degrees 59 minutes 17 seconds East 1085.28 feet, North 6 degrees 14 minutes 15 seconds East 119.73 feet, North 12 degrees 57 minutes 17 seconds east 76.43 feet to an iron pin set; thence crossing State Highway 99, North 63 degrees 40 minutes 47 seconds West 60.52 feet to an iron pin set in the western boundary of said highway, said iron pin being in the boundary of Ashmore and the western most southwest corner of the property being described; thence leaving highway with Ashmore, North 8 degrees 01 minute 57 seconds East 225.44 feet to a wood fence post; thence continuing with Ashmore and with a fence North 37 degrees 25 minutes 02 seconds East 134.94 feet to a wood fence post, north 57 degrees 09 minutes 25 seconds East 282.52 feet to a steel fence post, North 56 degrees 51 minutes 36 seconds East 280.68 feet to a wood fence post, said fence post being a corner of Ashmore and in the eastern boundary of Clyde Talley as recorded in Deed Book 22, page 302, Register’s Office of Wayne County, Tennessee, said fence post being the northern most northwest corner of the property being described; thence with Talley, South 25 degrees 05 minutes 08 seconds East, passing a 12 inch oak at 69.63 feet and State Highway 99, in all 131.66 feet to an iron pin set in the southern right of way of said highway; thence with said highway North 63 degrees 05 minutes 52 seconds East 181.81 feet, North 66 degrees 49 minutes 30 seconds East 72.68 feet, North 72 degrees 00 minutes 01 seconds East 76.40 feet, North 78 degrees 32 minutes 48 seconds East 68.92 feet, North 83 degrees 27 minutes 04 seconds East 72.87 feet, North 89 degrees 45 minutes 10 seconds East 91.07 feet, South 82 degrees 35 minutes 14 seconds East 69.52 feet, South 77 degrees 25 minutes 28 seconds East 75.16 feet, South 70 degrees 51 minutes 08 seconds East 79.30 feet, South 65 degrees 55 minutes 17 seconds East 264.19 feet, South 67 degrees 33 minutes 38 seconds East 106.59 feet, South 70 degrees 09 minutes 55 seconds East 99.05 feet, South 73 degrees 55 minutes 48 seconds East 106.67 feet to a 30 inch red oak, said red oak being the northwest corner of Rosalee Nutt as recorded in Deed Book 81, page 674, Register’s Office of Wayne County, Tennessee, and being the northern most northeast corner of the property being described; thence leaving with said road with Nutt and a fence South 1 degree 39 minutes 08 seconds East 438.75 feet to a wood fence post, South 12 degrees 23 minutes 04 seconds east 559.77 feet to a twin walnut, said walnut being the southwest corner of Nutt; thence continuing with Nutt, North 78 degrees 10 minutes 58 seconds East 298.81 feet to a 10 inch white oak, North 56 degrees 09 minutes 59 seconds East 339.04 feet to a 4 inch ash, North 56 degrees 30 minutes 39 seconds East 138.16 feet to an 8 inch maple, North 54 degrees 43 minutes 35 seconds East 111.73 feet to a 10 inch oak, North 79 degrees 19 minutes 56 seconds East 171.86 feet to a 14 inch oak, North 79 degrees 58 minutes 14 seconds East 729.49 feet to an iron pin found in the center of a road, said iron pin being the southeast corner of Nutt and in the western boundary of Kathy Smotherman as recorded in Deed Book 153, page 286, Register’s Office of Wayne County, Tennessee, said iron pin also being the eastern most northeast corner of the property being described; thence with the center of said road South 51 degrees 24 minutes 29 seconds Est 138.65 feet, South 30 degrees 04 minutes 45 seconds East 74.94 feet, South 23 degrees 42 minutes 31 seconds East 99.29 feet, South 15 degrees 13 minutes 33 seconds East 117.29 feet, South 31 degrees 37 minute 11 seconds East 231.68 feet, South 13 degrees 41 minutes 01 seconds East 58.13 feet, South 4 degrees 14 minutes 09 seconds East 90.19 feet, South 33 degrees 48 minutes 07 seconds East 100.59 feet, South 31 degrees 35 minutes 56 seconds East 200.64 feet, South 38 degrees 37 minutes 15 seconds east 86.17 feet,  South 42 degrees 02 minutes 16 seconds East 29.25 feet to an iron pin set in the intersection of two roads, said iron pin being the southwest corner of Smotherman; thence continuing with the center of road South 87 degrees 27 minutes 50 seconds East 127.62 feet, South 74 degrees 01 minute 18 seconds East 58.90 feet, South 61 degrees 37 minutes 26 seconds East 60.26 feet, South 55 degrees 36 minutes 10 seconds East 92.83 feet, South 72 degrees 36 minutes 41 seconds East 35.60 feet, South 87 degrees 33 minutes 11 seconds East 132.52 feet, North 88 degrees 18 minutes 29 seconds East 90.23 feet, South 85 degrees 00 minutes 20 seconds East 45.30 feet, South 80 degrees 03 minutes 51 seconds East 62.98 feet, South 73 degrees 43 minutes 29 seconds East 107.94 feet, South 81 degrees 17 minutes 28 seconds East 195.92 feet, South 83 degrees 53 minutes 06 seconds East 86.87 feet, North 88 degrees 18 minutes 02 seconds East 95.39 feet, North 76 degrees 46 minutes 39 seconds East 174.67 feet, iron pin set in the western boundary of Yu Kwok Leung (Trustee), as recorded in Deed Book 78, page 31, Register’s Office of Wayne County, Tennessee, said iron pin being the southeast corner of Smotherman and the eastern most northeast corner of the property being described; thence with Leung, South 6 degrees 54 minutes 08 seconds West 1196.97 feet to an iron pin set in the center of a road, said iron pin being the southeast corner of the property being described; thence continuing with Leung, North 85 degrees 09 minutes 11 seconds West 450.40 feet to an iron pin found, said iron pin being the eastern most northeast corner of Mary Rapados as recorded in Deed Book 153, page 259, Register’s Office of Wayne County, Tennessee, thence leaving Leung with Rapados, North 14 degrees 05 minutes 24 seconds West 172.05 feet to an iron pin set North 62 degrees 34 minutes 49 seconds West 101.03 feet to an iron pin set, North 68 degrees 38 minutes 16 seconds West 137.47 feet to an iron pin set, North 89 degrees 36 minutes 28 seconds West 381.17 feet to an iron pin set, South 15 degrees 39 minutes 09 seconds East 308.28 feet to a 6 inch hickory, said hickory being in the northern boundary of Lillie Kelley as recorded in Deed Book 146, page 417, Register’s Office of Wayne County, Tennessee; thence leaving Rapados with Kelley, North 81 degrees 43 minutes 37 seconds West 104.10 feet to a 4 inch hickory, South 80 degrees 57 minutes 22 seconds West 10.04 feet to a 4 inch white oak, North 84 degrees 32 minutes 48 seconds West 262.41 feet to a 5 inch hickory, North 83 degrees 50 minutes 42 seconds West 359.76 feet to a 4 inch beech, North 89 degrees 53 minutes 11 seconds West 33.22 feet to an 8 inch dogwood, North 83 degrees 53 minutes 22 seconds West 35.06 feet to an 8 inch beech, North 80 degrees 49 minutes 18 seconds West 117.85 feet to a 4 inch elm, South 87 degrees 52 minutes 29 seconds West 138.05 feet to a 16 inch hickory, North 74 degrees 49 minutes 58 seconds West 106.39 feet to a 4 inch elm, North 86 degrees 20 minutes 52 seconds West 46.96 feet to a 14 inch hickory, North 72 degrees 51 minutes 13 seconds West 47.69 feet to an 18 inch white oak, South 81 degrees 16 minutes 23 seconds West 96.99 feet to a twin walnut, South 83 degrees 59 minutes 39 seconds West 164.06 feet to an 8 inch walnut, South 88 degrees 47 minutes 28 seconds West 75.50 feet to an 8 inch maple, South 73 degrees 37 minutes 50 seconds West 29.15 feet to a 16 inch elm, said elm being the northwest corner of Lillie Kelley and the northeast corner of Homer Kelley as recorded in Deed Book 146, page 485, Register’s Office of Wayne County, Tennessee; thence with Homer Kelley, North 62 degrees 49 minutes 38 seconds West 86.04 feet to a 4 inch dogwood, North 76 degrees 19 minutes 11 seconds West 152.05 feet to a 4 inch ironwood, North 65 degrees 45 minutes 18 seconds West 166.84 feet to a 12 inch elm, North 48 degrees 23 minutes 12 seconds West 87.05 feet to an iron pin found, said iron pin being the northwest corner of Homer Kelley and the northeast corner of Mary Ashmore; thence with Ashmore, North 42 degrees 09 minutes 10 seconds West 54.12 feet to a 16 inch white oak, North 534 degrees 04 minutes 30 seconds West 55.39 feet to an iron pin set, North 36 degrees 46 minutes 47 seconds West 101.32 feet to a 10 inch hickory, North 45 degrees 20 minutes 55 seconds West 81.17 feet to a 14 inch hickory, North 46 degrees 06 minutes 26 seconds West 75.09 feet to a 9 inch maple, North 55 degrees 10 minutes 24 seconds West 75.25 feet to an iron pin set, North 86 degrees 45 minutes 20 seconds West 86.48 feet to an 18 inch oak, North 86 degrees 29 minutes 05 seconds West 44.27 feet to a 12 inch white oak, North 87 degrees 07 minutes 38 seconds West 22.70 feet to an 8 inch white oak, North 77 degrees 32 minutes 31 seconds West 77.69 feet to a 12 inch cherry, North 87 degrees 02 minutes 13 seconds West 133.09 feet to an iron pin set, South 82 degrees 38 minutes 52 seconds West 67.49 feet to a 10 inch maple, North 84 degrees 52 minutes 37 seconds West 76.44 feet to a 4 inch ash, South 87 degrees 07 minutes 16 seconds West 27.55 feet to a 4 inch ironwood, South 76 degrees 13 minutes 58 seconds West 62.45 feet to a 6 inch ironwood, South 83 degrees 14 minutes 27 seconds West 57.18 feet to an 18 inch oak, North 82 degrees 02 minutes 31 seconds West 236.86 feet to a 10 inch white oak, North 77 degrees 21 minutes 14 seconds West 96.56 feet to an 8 inch dogwood, North 82 degrees 05 minutes 35 seconds West 123.36 feet to a 12 inch post oak, North 81 degrees 42 minutes 08 seconds West 78.42 feet to a 14 inch oak, South 75 degrees 39 minutes 50 seconds West 89.52 feet to a steel fence post, North 88 degrees 59 minutes 10 seconds West 91.21 feet to an 8 inch ironwood, North 77 degrees 53 minutes 42 seconds West 76.70 feet to a 10 inch ironwood, North 86 degrees 27 minutes 03 seconds West 117.86 feet to an 11 inch hickory, North 78 degrees 01 minutes 29 seconds West 81.40 feet to a 12 inch hickory, North 62 degrees 07 minutes 46 seconds West 91.13 feet to a 5 inch white oak, North 80 degrees 25 minutes 33 seconds West 30.26 feet to a 10 inch white oak, North 84 degrees 14 minutes 34 seconds West 144.07 feet to a 4 inch hickory, North 85 degrees 12 minutes 45 seconds West 163.40 feet to a 22 inch oak, North 78 degrees 32 minutes 29 seconds West, passing a twin cherry at 157.70 feet, in all 177.08 feet, to the point of beginning, and containing 235.19 acres, as surveyed by Kenneth Carroll, Registered Land Surveyor, TN License Number 1335, dated January 2000.

The above described property is subject to any existing power lines and/or utility easements and/or right of ways.

The above described property is subject to a portion of State Highway 99, being 60 feet in width, in the northwest corner of this property.

This tract is conveyed subject to road right of way included within the boundaries of the above described property.

This tract is conveyed subject to right of way deed and easement granted to Wayne County, by instrument dated October 10, 1958, and recorded in Deed Book No. 40, page 438, Register’s Office of Wayne County, Tennessee.

This tract is conveyed subject to right of way agreement with Columbia Gulf Transmission Company dated December 29, 1962, and recorded in Deed Book No. 44, page 526, Register’s Office of Wayne County, Tennessee.

This tract is conveyed subject to right of way agreement with Columbia Gulf Transmission Company dated July 15, 1963, and recorded in Deed Book No. 45, page 321, and agreement dated March 19, 1969, recorded in Deed Book 51, page 637, Register’s Office of Wayne County, Tennessee.

This tract is conveyed subject to certain conditions and stipulations as set out in Deed Book 81, page 566, and Deed Book 155, page 173, Register’s Office of Wayne County, Tennessee, and by reference thereto, the same are made a part hereof the same as if copied in full herein.

There is included in the foregoing metes and bounds description, but excluded from this conveyance, a certain tract or parcel of land heretofore conveyed to Land Preserves, LTD, by Deed of Patrick Stanfield and wife, Jennifer Stanfield, dated February 3, 2006, and recorded in Record Book No. 78, page 8, Register’s Office of Wayne County, Tennessee, and being more particularly bounded and described as follows:

Beginning at a steel fence post, said post being the eastern most corner of Land Preserves as recorded in Record Book 49, page 813, Register’s Office of Wayne County, Tennessee, and being the remaining property of Patrick Stanfield as recorded in Deed Book 155, page 173, Register’s Office of Wayne County, Tennessee, and being the northern most corner of the tract being described; thence leaving Preserves with a new Stanfield division line, South 25 degrees 05 minutes 09 seconds East 69.63 feet to a 12 inch oak in the west margin of Old Highway #99; thence with said right of way South 62 degrees 36 minutes 52 seconds West 236.85 feet, South 59 degrees 34 minutes 47 seconds West 108.66 feet, South 53 degrees 49 minutes 40 seconds West 94.40 feet, South 48 degrees 16 minutes 19 seconds West 103.34 feet, South 40 degrees 00 minutes 08 seconds West 72.00 feet, South 31 degrees 55 minutes 32 seconds West 89.64 feet, South 25 degrees 15 minutes 48 seconds West 99.69 feet, South 18 degrees 47 minutes 20 seconds West 67.76 feet to an iron pin set in the west margin of said right of way, said iron pin being in the east boundary of Preserves and being the southern most corner of the tract being described; thence leaving said right of way with Preserves North 8 degrees 01 minutes 56 seconds East and passing twin maple at 89.21 feet, in all 225.44 feet to a wood fence post, North 37 degrees 25 minutes 01 seconds East 134.94 feet to a wood fence post, North 57 degrees 09 minutes 24 seconds East 282.52 feet to a steel fence post, North 56 degrees 51 minutes 35 seconds East 280.68 feet to the point of the beginning and containing 0.96 acre as surveyed by Kenneth Carroll, Registered Land Surveyor, Tennessee License No. 1335, December 2005.

TRACTS 3 & 4 being the same property conveyed to David Doyle Miller as to an undivided one-half (½) interest, and Ewell D. Miller, Jr., and wife, Mildred K. Miller, as to an undivided one-half (½) interest, by Special Warranty Deed dated August 31, 2006, from Holliday Accomodator Company-A, LLC, a Tennessee Limited Liability Company, of record in Record Book 87, page 417, Register’s Office of Wayne County, Tennessee.

   WHEREAS, said Deed of Trust was made to secure the payment of a note therein set out and contained the power to sell in the case of default in the payment of said note and interest at maturity; and

   WHEREAS, the makers of said note have defaulted in the payment thereof, and the owner and holder of said note has declared the entire amount due and payable and has requested the undersigned to foreclose said Deed of Trust according to its terms in order to collect said note.

   NOW, THEREFORE, I, the undersigned, W. ANDREW BOBO, SUBSTITUTE TRUSTEE will, in accordance with the terms set out in the Deed of Trust above referred to, on December 3, 2020, at 11:00 A.M., at the door of the Wayne County Courthouse, offer for sale and sell the above-described real estate at public auction to the highest and best bidder for cash in bar of equity of redemption and free from homestead and dower, all in accordance with the provisions of said Deed of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding real estate taxes; any applicable easements and restrictions; and prior liens or mortgages, if any

   Other interested parties:  Wayne County Bank, Doyle David Miller, Ewell D. Miller, Jr., Wayne Farmers Cooperative, and MBCC, LLC

   Said property may be sold as a whole or by individual lots or tracts or groups of lots or tracts at the discretion of the Substitute Trustee.

   The right is reserved to adjourn the day of the sale to another day and time certain without further publication and in accordance with law upon announcement of said adjournment on the day and time and place of sale set forth above.

   The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof.  The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust.  Said Deed of Trust is made a part hereof as if copied verbatim herein.

   This sale of the Property shall be subject to any and all taxes, easements, restrictions, building lines, and assessments (plus penalty and interest, if any), and any redemptive rights of any governmental agency, State or Federal (including redemptive rights of any taxing authority by reason of any tax liens), plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust, as well as any priority created by fixture filing, and any applicable City and/or County zoning ordinances as now affect or as may later affect the parcel.

   If the U. S. Department of the Treasury/Internal Revenue Service, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Work Force Development are listed as interested parties in the advertisement, then the notice of this foreclosure is being given to them, and the sale will be subject to the applicable governmental right to redeem the property, all as required by 26 U.S.C. 7425 and T.C.A. 67-1-1433.

   If applicable, the notice requirements of T.C.A. 35-5-117 have been met.

   The address of the property is unknown, 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.  This property is further identified as being Map 21, Parcel 2.00, Map 38, Parcel 3.00, and Map 22, Parcel 3.02 on the records of the Tax Assessor of Wayne County, Tennessee.

   THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

This ______ day of ____________________, 2020.

W. Andrew Bobo, Substitute Trustee

BOBO, HUNT & WHITE

111 W. Side Square

Shelbyville, Tennessee 37160

(931) 684-3327

ATTORNEYS FOR SUBSTITUTE TRUSTEE