SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated OCTOBER 9, 2009, executed by WANDA A. HANEY (A/K/A WANDA HANEY, A/K/A WANDA ANN HANEY), UNMARRIED, to DAVID W. KIOUS, Trustee, of record in BOOK 58, PAGE 1827, for the benefit of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR GUARANTY TRUST COMPANY, in the Register’s Office for JACKSON County, Tennessee and to J. PHILLIP JONES, appointed as Substitute Trustee in an instrument of record in the Register’s Office for JACKSON County, Tennessee, to secure the indebtedness described; WHEREAS, the said Deed of Trust was last assigned to TENNESSEE HOUSING DEVELOPMENT AGENCY, the entire indebtedness having been declared due and payable by TENNESSEE HOUSING DEVELOPMENT AGENCY BY AND THROUGH ITS SERVICER AND AUTHORIZED AGENT, U.S. BANK NATIONAL ASSOCIATION, as provided in said Deed of Trust, I, J. PHILLIP JONES, will by virtue of the power and authority vested in me as Substitute Trustee, on MONDAY, MARCH 4, 2013 AT 1:00 P.M., AT THE EAST DOOR OF THE JACKSON COUNTY COURTHOUSE IN GAINESBORO, JACKSON COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in JACKSON County, Tennessee, to wit:
PROPERTY LOCATED IN THE COUNTY OF JACKSON, TENNESSEE:
LYING AND BEING IN THE FIRST (1ST) CIVIL DISTRICT OF JACKSON COUNTY, TENNESSEE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ON A CONCRETE MONUMENT IN THE EAST R.O.W. OF TENNESSEE HIGHWAYS 53 AND 56, BEING THE NORTHWEST CORNER OF THE TRACT OF LAND HEREIN DESCRIBED AND A POINT IN THE BOUNDARY OF A TRACT OF LAND BELONGING TO TOM GOTHARD (RECORD BOOK 32, PAGE 1573); THENCE LEAVING THE HIGHWAY R.O.W. AND WITH GOTHARD’S BOUNDARY AND THE CENTER OF A BRANCH NORTH 71 DEGREES, 30 MINUTES, 00 SECONDS EAST 95.00 FEET TO A POINT IN THE CENTER OF THE BRANCH, BEING A PROPERTY CORNER OF A TRACT OF LAND BELONGING TO CARWILE ENTERPRISES (DEED BOOK Z-2, PAGE 388); THENCE LEAVING GOTHARD’S BOUNDARY AND WITH THE BOUNDARY OF CARWILE ENTERPRISES AND CONTINUING WITH THE CENTER OF THE BRANCH THE FOLLOWING CALLS: NORTH 76 DEGREES, 33 MINUTES, 08 SECONDS EAST 11.46 FEET, NORTH 55 DEGREES, 25 MINUTES, 18 SECONDS EAST 36.31 FEET, SOUTH 89 DEGREES, 53 MINUTES, 35 SECONDS EAST 36.22 FEET, SOUTH 76 DEGREES, 08 MINUTES, 58 SECONDS EAST 25.63 FEET AND NORTH 89 DEGREES, 03 MINUTES, 52 SECONDS EAST 52.38 FEET TO A NEW IRON PIN, THE NORTHEAST CORNER OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE LEAVING THE BRANCH AND ALSO LEAVING THE BOUNDARY OF CARWILE ENTERPRISES DUE SOUTH 23.27 FEET TO A NEW IRON PIN AT THE NORTH MARGIN OF BROWN LANE, THE SOUTHEAST CORNER OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE WITH THE NORTH MARGIN OF THE LANE SOUTH 75 DEGREES, 25 MINUTES, 26 SECONDS WEST 145.15 FEET AND SOUTH 80 DEGREES, 50 MINUTES, 45 SECONDS WEST 79.76 FEET TO A NEW IRON PIN AT THE EAST R.O.W. OF TENNESSEE HIGHWAYS 53 AND 56, BEING THE SOUTHWEST CORNER OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE WITH THE EAST R.O.W. OF THE HIGHWAY NORTH 46 DEGREES, 06 MINUTES, 00 SECONDS WEST 35.22 FEET TO THE POINT OF BEGINNING, CONTAINING 0.21 ACRES AS SURVEYED BY CARLEN J. WIGGINS, JR., R.L.S. 2323, PLAT DATED AUGUST 31, 2009 AND BEING A TRACT OF LAND CONTAINED IN RECORD BOOK 55 AT PAGE 1616, IN THE REGISTER’S OFFICE OF JACKSON COUNTY, TENNESSEE.
BEING THE SAME PROPERTY CONVEYED TO WANDA A. HANEY, HER HEIRS AND ASSIGNS, BY WARRANTY DEED DATED OCTOBER 9, 2009 OF RECORD IN BOOK 58, PAGE 1825, IN THE REGISTER’S OFFICE OF JACKSON COUNTY, TENNESSEE. SAID WANDA A. HANEY (A/K/A WANDA ANN HANEY) HAVING SINCE DIED ON OR ABOUT JULY 9, 2010.
ALSO BEING THE SAME PROPERTY CONVEYED FROM KIMBERLY G. BROWN, ADMINISTRATOR OF WANDA A. HANEY ESTATE TO KIMBERLY G. BROWN, GREGORY W. HANEY, AMY LEPLEY AND MARSHALL ADAM HANEY, BY ADMINISTRATRIX’S QUITCLAIM DEED DATED DECEMBER 31, 2010 OF RECORD IN BOOK 63, PAGE 475, IN THE REGISTER’S OFFICE OF JACKSON COUNTY, TENNESSEE.
FURTHER BEING THE SAME PROPERTY CONVEYED FROM KIMBERLY G. BROWN, GREGORY W. HANEY, AMY LEPLEY TO MARSHALL ADAM HANEY, BY QUITCLAIM DEED DATED JANUARY 18, 2011 OF RECORD IN BOOK 63, PAGE 792, IN THE REGISTER’S OFFICE OF JACKSON COUNTY, TENNESSEE.
SUBJECT TO UCC FIXTURE FILING OF RECORD IN BOOK 59, PAGE 1283, IN THE REGISTER’S OFFICE OF JACKSON COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 117 BROWN LANE, GAINESBORO, TENNESSEE 38562.
MAP 051 PARCEL 020.00.
THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY.
THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS WHICH TAKE PRIORITY OVER THE DEED OF TRUST UNDER WHICH THIS FORECLOSURE SALE IS CONDUCTED, INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. 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 ENTITIES 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 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. THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE.
IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.
OTHER INTERESTED PARTIES: ESTATE/HEIRS OF WANDA A. HANEY; KIMBERLY G. BROWN, ADMINISTRATOR OF WANDA ANN HANEY ESTATE; MARSHALL ADAM HANEY; UPPER CUMBERLAND EMC.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This day, January 24, 2013. This is improved property known as 117 BROWN LANE, GAINESBORO, TENNESSEE 38562.
J. PHILLIP JONES,
SUBSTITUTE TRUSTEE
1800 HAYES STREET
NASHVILLE, TN 37203
(615) 254-4430
www.phillipjoneslaw.com
1-29, 2-5, 2-12 3TC.
NOTICE OF TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated May 5, 2006, and the Deed of Trust of even date securing the same, recorded May 10, 2006, at Book 43, Page 1504 in Office of the Register of Deeds for Jackson County, Tennessee, executed by Rodney G. Saylor and Sharon R. Saylor, conveying certain property therein described to Gregory L. Groth as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Farm Credit of the Virginias FCLA, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on February 28, 2013 on or about 1:00 P.M., at the Jackson County Courthouse, Gainesboro, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Jackson County, Tennessee, and being more particularly described as follows:
Located in the 3rd Civil District of Jackson County, Tennessee, and bounded and described as follows:
Tract 1:
Beginning on an iron pin on the West bank of the Sneed Hollow Road, thence approximately 937 feet Southeast of the beginning corner of the parent tract and the Southeast corner of this tract; thence leaving the road, South 76 degrees 29 minutes 40 seconds West 159.81 feet to an iron pin at an 8 inch hatchberry tree; thence South 67 degrees 13 minutes 55 seconds West 72.46 feet to a stake in the centerline of the hollow; thence South 87 degrees 34 minutes 18 seconds West 213.33 feet to the forks of the hollow, witnessed by a 14 inch sycamore tree pointer; thence North 80 degrees 24 minutes 24 seconds West 308.54 feet to an iron pin at a 12 inch poplar tree North 13 degrees 25 minutes 23 seconds East 310 feet to an iron pin, North 87 degrees 12 minutes 07 seconds East 499.77 feet to an iron pin at the West side of Sneed Hollow Road; thence with the West margin of said road South 32 degrees 49 minutes 30 seconds East 202 feet South 32 degrees 51 minutes 55 seconds East 145.65 feet to the beginning, containing 5.0086 acres.
Tract 2:
Lying and being in the 3rd Civil District of Jackson County, Tennessee, and beginning on a stake the South side of Sneed Hollow Road, running thence South 32 deg. 30 min. West 300 feet, South 25 deg. 00 min. West 415 feet to a hickory, South 75 deg. 00 min. West 200 feet, South 61 deg. 00 min. West 100 feet, South 59 deg. 00 min. West 100 feet, South 39 deg. 00 min. West 130 feet to a locust top of hill, South 12 deg. 00 min. East 100 feet, South 35 deg. 00 min. East 100 feet, South 37 deg. 30 min. East 109 feet to a hickory corner of fence; South 60 deg. 00 min. East 100 feet, South 52 deg. 00 min. East 100 feet, South 56 deg. 00 min. East 100 feet, South 60 deg. 00 min. East 100 feet, South 49 deg. 00 min. East 100 feet, South 33 deg. 00 min. East 300 feet to corner of top of hill, South 85 deg. 00 min. East 100 feet, South 76 deg. 00 min. East 100 feet, South 66 deg. 00 min. East 160 feet, South 66 deg. 00 min. East 90 feet, South 70 deg. 30 min. East 140 feet to a dead cherry in fence corner, down hill North 35 deg. 00 min. East 790 feet to the creek, thence North 50 deg. 00 min. South 62 feet, North 35 deg. 00 min. East 790 feet to the creek, thence North 50 deg. 00 min. South 62 feet, North 35 deg. 00 min. East 18 feet to a stake at road; thence with road, North 47 deg. 00 min. West 400 feet, North 30 deg. 00 min. West 207 feet, North 24 deg. 00 min. West 100 feet, North 23 deg. 00 min. West 100 feet, North 33 deg. 00 min. West 300 feet, North 41 deg. 00 min. West 100 feet, North 55 deg. 00 min. West 100 feet, North 45 deg. 00 min. West 100 feet, North 40 deg. 00 min. West 120 feet to the beginning, containing 40 acres, more or less.
Included in the above-described property but excluded from this conveyance is a tract of land sold to Samuel K. Thompson on January 18, 1990 and of record in Deed Book 03, Page 613, Register’s Office, Jackson County, Tennessee, and being described as follows:
ALSO KNOWN AS: 433 Sneed Hollow Road, Whitleyville, Tennessee 38588.
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Rodney G. Saylor; Sharon R. Saylor.
The sale held pursuant to this Notice may be rescinded at the Successor 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. W&A No. 1163-207127.
DATED January 28, 2013.
WILSON &
ASSOCIATES, P.L.L.C.,
Successor Trustee
2-5, 2-12, 2-19 3TC.
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