TRUSTEE’S NOTICE OF SALE
February 16, 2017 @ 11:00 a.m. Front Door Cumberland County Courthouse
GOLF COURSE, CLUBHOUSE, AND MAINTENANCE BUILDING
445 Deer Creek Dr., and Raquet Club Ln., Crossville, TN 38571
(Information believed to be accurate but not guaranteed.)
GOLF CLUB
Deer Creek
Crossville, Tennessee
Default having been made in the payment of the debts and obligations secured to be paid by a certain deed of trust executed by Infinity Golf Group, an Ohio General Partnership on the 15th day of September, 2009, to Thomas Lynn, Trustee, as same appears of record in the Register’s Office of Cumberland County, Tennessee, in Book 1326, page 1280, and First National Bank of Tennessee being the owner and holder of the debt secured, having requested the undersigned to advertise and sell the property described in and conveyed by the said deed of trust, all of the said indebtedness having matured by default in the payment of a part thereof, this is to give notice that the undersigned will on February 16th, 2017 commencing at 11:00 a.m., at the front door of the Cumberland County Courthouse, Crossville, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described tract of property, to-wit:
Lying and being in the FIRST CIVIL DISTRICT of Cumberland County, Tennessee and described as follows:
Parcel 1: Commonly known as the Deer Creek Golf Course, Clubhouse and Maintenance Building, and Being Tracts 1, 2, 3 & 5 (specifically excluding Tract 4) as described in the said Deed of Trust recorded at Book 1326, page 1280, Register’s Office of Cumberland County, consisting of a total of 151.84 acres, more or less, but excluded from the description of this Parcel 1 the property described as Parcel 2, below.
Parcel 2: Being excluded from Parcel 1, above and being a portion of the Infinity Golf Group property described in the deed recorded at Deed Book 1326, page 1272 in the Cumberland County Register’s of Deed’s Office and being more particularly described as follows:
Beginning at a ½ iron pin, said pin being the northeastern corner of Dean Neely property (Deed Book 441, page 591) and a southwestern corner of the Infinity Golf Group property (Deed Book 1401, page 1050) of which this description is a portion; thence with the northern line of Dean Neely and the southern line of the division tract, N57deg. 34’ 05 W, 670.74 feet to a 1/2" iron pin the northwestern corner of Dean Neely property; thence with the western line of the division tract, N29deg.30’ 30" E, 244.08 feet to a point; thence with the northern line of the division tract, S57deg. 34’ 05" E, 723.65 feet to a point; thence with the eastern line of the division tract, S32deg, 32’ 25" W, 617.04 feet to point, thence continuing with the eastern line of the division tract S10deg. 31’29"E, 285.40 feet to a 1/2" iron pin in the southern line of the Infinity Golf Group property (Deed Book 1401, page 1050) and the northern line of the Dean Neely property (Deed Book 1425, Page 195 and Deed Book 1467, page 205); thence with the northern line of Dean Neely and the southern line of Infinity Golf Group and the southern line of the division tract, N57deg. 32’ 15" W, 234,88 feet to an 1/2" iron pin, the southern corner of the Dean Neely property (Deed Book 441, page 591) a western corner of the Infinity Golf Group property (Deed Book 1401, page 1050) and a western corner of the division tract; thence with the line of Dean Neely, Infinity Golf Group and the western line of the division tract, N32deg.32’25" E, 582.02 feet to the point of beginning, containing 5.01 acres, more or less.
The above described Parcel 1 and Parcel 2 are conveyed subject to Declarations of Covenants, Conditions and Restrictions, to the extent same are applicable, of record in Deed Book 372, Page 1-69, as amended in Deed Book 440, Page 55, as amended in Deed Book 447, Page 408-426, and any subsequent amendments thereto, which may include without limitation: Deed Book 518, Page 766, Deed Book 522, Page 479, Book 1048, Page 920, Book 1143, Page 2014, Book 1348, Page 793, Book 1448, Page 767, Book 1087, Page 1498, and Book 1127, Page 1755. Register’s Office for Cumberland County, Tennessee, and is further conveyed subject to all matters shown on the plat of record in Plat Book 9, Page 237, Register’s Office for Cumberland County, Tennessee.
The previous and last conveyance and/or Grantors' source of equitable interest for the property hereinabove described is: By a Warranty Deed from Deer Creek Golf Community, LLC, to Infinity Golf Group, LTD recorded in Warranty Deed Book 1326, page 1272, and as corrected in Book 1401 page 1050 in the Register’s Office of Cumberland County, Tennessee.
The street addresses of the above-described parcels are believed to be 445 Deer Creek Dr., Crossville, TN 38571, (Map 074, Parcel 091) and Raquet Club Ln., Crossville, TN 38571, (Map 074N, Group B, Parcel 001.08 but such addresses are not part of the legal description of the property sold herein and in the event of any discrepancy, the legal descriptions referenced herein shall control. Said sale shall be subject to any unpaid property taxes, to any additional prior, liens, leases, encumbrances, to any rights of redemption not heretofore expressly waived, and to all applicable reservation of minerals, easements, rights-of-way, selback lines and restrictions.
STATE TAX LIEN Such property is potentially subject to a Notice of State Tax Lien in favor of the State of Tennessee against Infinity Golf Group, LLC, of record in Lien Book 1491, page 2386, Register’s Office for Cumberland County, Tennessee. Notice of said sale required by T.C.A. Section 67-1-1433(b)(1) to be given to the State of Tennessee has been timely given, and said sale will be subject to the right of the State of Tennessee, if any, to redeem such property, as provided in T.C.A. Section 67-1-1433(c)(1).
STATE TAX LIEN Such property is potentially subject to a Notice of State Tax Lien in favor of the State of Tennessee against Infinity Golf Group, LLC, of record in Lien Book 1490, page 2038, Register’s Office for Cumberland County, Tennessee. Notice of said sale required by T.C.A. Section 67-1-1433(b)(1) to be given to the State of Tennessee has been timely given, and said sale will be subject to the right of the State of Tennessee, if any, to redeem such property, as provided in T.C.A. Section 67-1-1433(c)(1).
OTHER INTERESTED PARTIES: State of Tennessee, as referenced above, Prosolutions, LLC per judgment lien Recorded in Book 1443, page 1320, and tenant(s)' rights in possession, if any. The equity of redemption, statutory right of redemption, homestead, elective share, dower, appraisement or valuation, any all other rights and exemptions of any kind are waived in said deed of trust, and the title is believed to be good, but the undersigned will sell and convey only such title as he may convey as Trustee there being no representations or covenants of warranty of title made hereby. It will be the responsibility of the successful bidder to obtain possession of the property at his expense, and any damage, vandalism, theft, destruction, or other loss or damage to the property occurring subsequent to the date of sale shall be at the risk of the successful bidder.
The Trustee reserves the right to postpone or set over the date of sale in the event the Trustee deems it best for any reason at the time of sale to postpone or continue this sale from time to time, with such notice of postponement as deemed reasonable by the Trustee. In the event the highest bidder at such sale fails to complete his purchase of the subject real property within the applicable time allowed, the undersigned Trustee reserves the right to complete the sale of the subject real property, without further notice or advertisement, to the next highest bidder who is able to consummate his purchase of the property within the time permitted by the Trustee. The sale shall further be subject to any other announcements made at the sale. Signed, this 12th day of January, 2017.
Insertion Dates: January 24, 2017 January 31, 2017 February 7, 2017
Thomas Lynn, Trustee c/o Don O. Johnson Attorney at Law & General Counsel 330 West Main Street, Cookeville, TN 38506 Telephone:
(931) 520-6802