SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE
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:
AND BEING IN THE FIRST (1ST) CIVIL DISTRICT OF JACKSON COUNTY,
TENNESSEE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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.
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.
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.
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.
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.
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.
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.
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.
INTERESTED PARTIES: ESTATE/HEIRS OF WANDA A. HANEY; KIMBERLY G. BROWN,
ADMINISTRATOR OF WANDA ANN HANEY ESTATE; MARSHALL ADAM HANEY; UPPER
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,
1800 HAYES STREET
NASHVILLE, TN 37203
1-29, 2-5, 2-12 3TC.
NOTICE OF TRUSTEE’S SALE
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
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:
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.
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.
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.
2-5, 2-12, 2-19 3TC.
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