NOTICE OF TRUSTEE’S SALE

Under and by virtue of the authority vested in the undersigned Trustee by Deed of Trust executed the 11th day of September, 2009,   by JERRY AARON THOMPSON and wife, JAMI NICOLE THOMPSON, to secure certain indebtedness owed to First Trust & Savings Bank, of Oneida, Tennessee, (having merged with and known as United Cumberland Bank, Inc.,) therein described, which said Trust Deed and is recorded in the Register’s Office of Scott County, at Huntsville, Tennessee, identified as follows:  Trust Deed Book 260, at Page 285, recorded on May 21, 2010, at 2:44 p.m., and  reference is hereby made to the powers and provisions contained therein; and default having been made in the payment of said indebtedness secured, and in other covenants and conditions of said Trust Deed; and the holder or holders of said indebtedness having requested that because of certain default the real estate described in said Trust Deed be sold as provided in said Trust Deed under the power of sale contained in said Trust Deed, I, Charles B. Sexton, Trustee, will offer for sale to the highest bidder for cash in hand at 10:30 o’clock a.m., EST, on Thursday,  June  5th , 2014, the following described real estate located in the First (1st) Civil District of, Scott County, Tennessee:

TRACT TWO:

Located in the First (1st) Civil District of Scott County, Tennessee, being in the Ditney Trail area and identified on the records of the Scott County Tax Assessor as Map 87, Parcel 42.00 and more fully described by metes and bounds by the following directive calls, to wit:

Beginning at a point in the centerline of the County Road known as Ditney Trail, being 460’ northward of the intersection of said road with the centerline of State Route 297,  being near the intersection of an existing County Road leading to the Alonzo Jones residence and being a common corner of Grantor and Levi Laxton; thence running with said Ditney Trail centerline and with said Laxton line N 24º 58’ 25” E 146.46’; thence N 25º 59’ 50” E 92.07’; thence N 23º 26’ 09” E 111.16’ to a nail in the centerline of said road; thence leaving said centerline and running S 87º 38’ 50” W 17.48’ to an iron pipe on the west bank of the road; thence running S 84º 49’ 57” W 55.67’ to a 22” white oak at the intersection of the old fences; thence running with the Frank Phillips property N 00º 01’ 28” E 292.89’ to a 24” sweet gum; thence N 21º 36’ 16” W 214.13’ to a 16” sweet gum; thence N 17º 17’ 11” W 206.02’ to a 10” hickory; thence N 19º 46’ 39” E 169.29’ to an 18” white oak, being a common corner of Grantor, Frank Phillips and Glendel Phillips; thence running with the Glendel Phillips line N 18º 15’ 25” E 106.50’ to an iron pin; thence leaving said Phillips line and running S 54º 32’ 27” E passing an iron pin on line at 568.32’, a total of 593.32’ to a nail in the centerline of Ditney Trail; thence running with said centerline S 35º  39’ 49” W 110.98’; thence S 31º 09’ 25” W 51.81’ to a nail in the centerline of said road; thence leaving said centerline and running S 78º 57’ 27” E, passing an iron pin on line at 25.00’, a total of 1447.39’ to an iron pin; thence running S 02º 59’ 07” W 288.00’ to a concrete marker, being a common corner of Grantor and Alonzo Jones; thence running with said Alonzo Jones line N 80º 43’ 44” W 434.35’ to a concrete marker; thence S 68º 33’ 35” W 429.52’ to a concrete marker, being a common corner of Grantor, Alonzo Jones and Michael Jones; thence running with said Michael Jones, Lonnie Byrd, John Norris, and Lola Byrd lines and with the existing fence S 87º 50’ 05” W 333.05’ to a 20’ white oak at the intersection of the fences; thence S 83º 37’ 43” W 122.78’ to a 22” white oak, thence S 84º 45’ 25” W 63.58’ to an 14” white oak; thence N 86º 40’ 12” W 23.65’ to an iron pin at a walnut stump; thence N 71º 11’ 12” W 59.73’ to an 24” maple, thence S 86º 37’ 54” W 19.87’ to an iron pin; thence S 40º 57’ 34” W 102.15’ to a 12” sweet gum; thence S 39º 47’ 27” W 125.37’ to a 12” black oak; thence S 39º 31’ 06” W 118.86’ to a 10” hickory on the north R/W of the County Road; thence running with said County Road R/W and fence N 52º 30’ 38” W  123.35’ to a 14” sweet gum; thence N 47º 33’ 03” W 32.68’ to a 12” white oak; thence N 38º55’49’ W 25.37’ to an iron pin at a fence post; thence N 02º 54’11” E 24.43’ to an 18” black oak; thence N 68º 27’ 09” W 16.61’ to the beginning.  Containing 25.27 acres more or less.

Surveyed on December 29, 1995 by Jim R. Reed (TRLS No.1372) maintaining offices at 312 E. Third Avenue, Oneida, Tennessee  37841; Telephone No. (423) 569-9400.

Subject to the existing dimensions and right-of-way of the county road, commonly known as the “Ditney Trail Road”.

DERIVATION TRACT TWO: DEED BOOK 248, PAGE 737, REGISTER’S OFFICE, SCOTT COUNTY, TN.

TRACT THREE:

Located in the First (1st) Civil District of Scott County, Tennessee, being in the Ditney Trail area and identified on the records of the Scott County Tax Assessor as Map 87, Parcel 42.00 and more fully described by metes and bounds by the following directive calls, to-wit:

Beginning on a concrete marker, being the northeast corner of Alonzo Jones; thence leaving said Alonzo Jones line and running N 02º 59’ 07” E passing as iron pin line at 288.00’, a total of 687.23’ to an iron pin in the center of the branch, being at or near the common corner of Ray Lloyd and Leroy Harness; thence running up said branch, with the meanders of its centerline and with the Harness line S 58º 33’ 55” E 13.71’; thence S 30º 23’ 18” E 18.03’; thence S 67º 37’ 50” E 47.67’; thence N 84º 20’ 14” E 32.03’; thence S 70º 31’ 54” E 19.15’ ; thence S 38º 52’ 24” E 29.27’; thence N 57º 53’ 49” E 14.93’; thence N 87º 56’ 46” E 52.07’; thence S 80º 11’ 19” E 46.07’ to an iron pin in the center line of said branch, being at or near the common corner of Leroy Harness and Phelan Posey; thence continuing with the centerline of the branch and with said Posey line S 69º 01’ 57” E 30.42’; thence N 81º 49’ 54” E 33.24’; thence N 74º 31’ 18” E 52.34’; thence N 89º 46’ 54” E 60.43’; thence S 72º 14’ 51” E 32.32’; thence N 55º 17’ 27” E 35.71’; thence N 82º 46’ 56” E 17.21’; thence S 38º 25’ 27” E 13.45’;  thence S 29º 12’ 48º E 22. 74’; thence S 77º 17’ 22” E 8.60’; thence S 52º 51’ 00” E 50.98’ thence S 83º 04’ 33” E 38.08’; thence S 55º 19’ 01” E 18.48’; thence S 75º 10’ 41” E 21.23’; thence S 25º 14’ 28” E 32.03’; thence N 63º 09’ 32” E 40.52’; thence S 60º 24’ 36” E 20.86’; thence S 37º 59’ 00” E 15.45’; thence N 74º  42’ 31” E 31.45’; thence N 88º 05’ 16” E 56.40’; thence N 68º 24’ 11” E 31.70’ to a 10” white oak at the corner of the fence, being on the south bank of the branch; thence leaving said branch and running with the fence and Phelan Posey line N 76º 59’ 17” E 20.00’ to an 18” hickory; thence S 70º 59’ 22” E 56.00’ to a 12” poplar; thence N 89º 08’ 31” E 83.43’ to a triple maple; thence S 81º 05’ 24” E 38.21’ to a 10” chestnut oak;  thence S 58º 02’ 50” E 49.45’ to a 10” black oak ; thence S 51º  09’ 35” E 74.67’ to a 16” white oak; thence S 61º 17’ 57” E 28.07’ to an 18” poplar; thence S 46º 38’ 00” E 66.35’; to a 4” white oak;  thence S 55º 04’ 31” E 28.79’ to a 10” poplar; thence S 72º 37’ 03” E 29.84’ to an 8” sweet gum; thence S 81º40’ 45” E 64.03’ to an iron pin, being a common corner of Grantor, Phelan Posey and Lois Blue, etal; thence running with the Lois Blue, etal line and near the existing fence S 65º 55’ 22” W 133.15’ to a bolt set in concrete at an old stone; thence S 75º 40’ 00” W 121.05’ to a bolt set in concrete at an old stone; thence S 79º 36’ 12” W 207.17’ to a bolt set in concrete at an old stone; thence S 82º 03’ 08” W 328.64’ to a bolt set in concrete at an old stone; thence S 71º 19’ 02” W 136.34’ to a bolt set in concrete at an old stone; thence S 55º 10’ 54” W 166.81’ to a bolt set in concrete at an old stone; thence S 56º 12’ 41” W 117.30’ to an 18” white oak; thence S 47º 17’ 59” W 29.69’ to an 8” white oak; thence S 56º 19’ 30” W 177.13’ to a dead black oak at the corner of the fence, thence S 86º 55’ 34” W 156.50’ to an 18” black oak in the east line of Alonzo Jones; thence running with said Alonzo Jones line N 37º 21’ 48” E 182.97’ to the beginning. Containing 12.17 acres, more or less.

Surveyed on December 29, 1995 by Jim R. Reed (TRLS No. 1372) maintaining offices at 312 E Third Avenue, Oneida, Tennessee 37841; Telephone No. (423) 569-9400.

Subject to the existing dimensions and right of way of the county road, commonly known as the “Ditney Trail Road”.

DERIVATION TRACT THREE:  DEED BOOK 248, PAGE 727, REGISTER’S OFFICE, SCOTT COUNTY, TN.

TRACT FOUR:

Located in the First (1st) Civil District of Scott County, Tennessee, being in the Ditney Trail area and identified on the records of the Scott County Tax Assessor as Map 87, Parcel 42.00, and more fully described by metes and bounds by the following directive calls, to-wit:

Beginning on a nail in the centerline of Ditney Trail, being at the intersection of the centerline of the Columbus Sexton Road with the centerline of Ditney Trail; thence running with said Ditney Trail centerline N 64º 42’ 18” E 37.63’; thence N 80º 50’ 37” E 50.55’; thence S 85º 50’ 10” E 73.32’; thence S 71º 35’ 16” E 78.75’; thence S 62º 50’ 27” E 66.72’; thence S 51º 23’ 11” E 71.69’, thence S 46º 20’ 24” E 103.00’; thence S 53º 50’ 32” E 76.10’ to a point in the centerline of Ditney Trail; thence leaving said center line and running S 23º 58’ 53” E passing an iron pin on line at 30.00’, a total of 124.55’ to a 24” chestnut oak; thence running with the Ray Lloyd line S 27º 04’ 09” E 199.78’ to an iron pin in the old fence (witness power pole at S 81º 13’ W 1.00’); thence S 30º 16’ 42” E 151.20’  to an iron pin on the north bank of the branch (witness 16” sweet gum at N 71º 17’ E 3.92’, 14” sweet gum at S 77º 00’ W 8.78’); thence running up said branch, with the meanders of its centerline and continuing with the Ray Lloyd line S 78º 30’ 00” E 44.07’; thence N 82º 48’ 32” E 56.66’; thence S 62º 59’ 24” E 11.33’; thence N 63º 52’ 26” E 11.07’; thence S 75º 38’ 37” E 15.65’; thence S 89º 00’ 19” E 19.43; thence S 66º 05’ 43” E 18.85’; thence N 43º 33’ 06” E 12.49’; thence N 72º 31’ 30” E 11.66’; thence S 62º 31’ 20” E  21.45’; thence N 65º 25’ 46” E 28.57’; thence N 88º 34’ 30” E 24.01’; thence N 62º 09’ 03” E 25.88’; thence S 23º 25’ 30” E 14.24’; thence S 65º 01’ 03” E 28.64’ to an iron pin in the center of the branch, being at or near the common corner of Ray Lloyd and Leroy Harness; thence leaving said branch and running S 02º 59’ 07’ W 399.23’ to an iron pin; thence running N 78º 57’ 27” W passing an iron pin on line at 1422.39’, a total of 1447.39’ to a nail in the centerline of Ditney Trail; thence running with the centerline of said Ditney Trail N 31º 09’ 25” E 51.81’; thence N 35º 39’ 49” E 110.98’ to a nail in the centerline of Ditney Trail; thence leaving said centerline and running N 54º 32’ 27” W passing an iron pin on line at 25.00’, a total of 593.32’ to an iron pin, being in the east line of Glendel Phillips; thence running with said Glendel Phillips line N 18º 15’ 25” E 178.50’ to a 10” pine, being a common corner of Grantor, Glendel Phillips and Gary Byrd (witness 18” white oak at S 21º 07’ W 11.83’); thence running with said Gary Byrd line S 79º 45’ 43” E 225.50’ to a 10” hickory; thence N 53º 41’ 05” E 113.75’ to an iron pin on the east bank of the creek, being a common corner of Grantor, Byrd and Charles Sexton (witness 4” beech at N 05º 54’ W 0.85’,  5” sourwood at N 23º 43’ E 8.62’, 8” poplar at S 13º 06’ E 3.31); thence running with said Charles Sexton line N 53º 38’ 20” E 350.00’ to a 24” white oak, being a common corner of Grantor, Charles Sexton and Walter Sexton; thence running with the Walter Sexton line S 58º 58’ 58” E 188.95’ to a 6” white oak at the corner of the fence, being on the west side of the intersection of the Columbus Sexton Road with Ditney Trail; thence running with said Columbus Sexton Road S 07º 47’ 36” E 33.19’ to the beginning.  Containing 25.27 acres more or less.

Surveyed on December 29, 1995 by Jim R. Reed (TRLS No. 1372) maintaining offices at 312 E. Third Avenue, Oneida, Tennessee  37841; Telephone No. (423-569-9400.

Subject to the existing dimensions and right-of-way of the county road, commonly known as the “Ditney Trail Road”.

DERIVATION TRACT FOUR:  DEED BOOK 248, PAGE 732, REGISTER’S OFFICE, SCOTT COUNTY, TN.

Said sale will be held at the north entrance door of the Scott County Justice Center, at 575  Scott High Drive, in Huntsville, Scott County, Tennessee, and will be free from the equity of redemption, homestead, dower, and all other exemptions as provided in said Trust Deed and any modifications.

Said real estate will be sold subject to all unpaid taxes and existing liens other than this Trust Deed, and the undersigned Trustee will execute a Deed to the Purchaser as Trustee only.  The proceeds of the sale will be applied as set out in said Trust Deed.

The foregoing property will be sold subject to any utility easements, roadways and all other encroachments, right-of-way, both visible and not visible, both of record and not of record, city, county, and state zoning ordinances, codes, and laws, and land use, land taxes and assessments, mineral reservations, restrictive covenants, and any other restrictions or conditions contained in any other instrument in the chain of title, if any.

The beneficiary, the United Cumberland Bank, Inc., of Oneida, Tennessee, by and through an authorized representative, reserves the right to bid at the above described Trustee’s sale. 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.

If the highest bidder cannot pay the bid within forty-eight (48) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.

This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee.

SALE IS SUBJECT TO TENANT(S) RIGHT IN POSSESSION, IF ANY.

AS APPLICABLE, THE NOTICE REQUIREMENTS OF T.C.A. 35-5-117 HAVE BEEN MET.

Witness this 12th day of May, 2014.

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

CHARLES B. SEXTON, TRUSTEE

(5/15, 22, 29/2014)