3/11/20

NOTICE OF SUBSTITUTE TRUSTEEíS SALE OF REAL ESTATE
WHEREAS, on April 30, 2002, GAREY BALLARD, by Deed of Trust of record in Trust Deed Book 242, at Page 214, as modified by a Modification Agreement dated June 14, 2004, of record in Deed Book 265, at Page 611, and a Modification of Deed of Trust dated September 21, 2011, of record in Record Book 92, at Page 380, in the Registerís Office of Haywood County, Tennessee, conveyed the following described property in trust to secure the payment of a Promissory Note in the original principal amount of Fifty Six Thousand Seventy Three and 95/100 Dollars ($56,073.95), payable to Simmons Bank, Successor by Merger to First South Bank; and
WHEREAS, the undersigned was appointed Substitute Trustee by Simmons Bank, which appointment will be recorded in the Registerís Office of Haywood County, Tennessee prior to the deed evidencing this sale; and
WHEREAS, default has been made in the payment of said indebtedness and other provisions of the Deed of Trust have been violated, and SIMMONS BANK, the lawful owner and holder of the said indebtedness, has declared the entire amount due and payable as provided by the Deed of Trust in accordance with the terms thereof, and instructed the undersigned to foreclose; and
NOW, THEREFORE, the public is hereby notified that the undersigned Substitute Trustee will sell the hereinafter described real estate at public auction, to the highest and best bidder, for cash in hand paid, at the east door of the Courthouse at Brownsville, Haywood County, Tennessee, on Friday, March 27, 2020, at 10:00 oíclock a.m., said property to be sold in bar of the equity of redemption and subject to the lien of all special assessments against it. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder will be deemed the successful bidder.
Lying, and being situated in the 4th Civil District, Haywood County, Tennessee, bounded and described as follows; to-wit:
BEGINNING at an iron pin found in the south margin of Cane Creek Road and the south margin of Interstate 40, which point is the northwest corner of Mary Dezern as recorded in Deed Book 219, page 550, Registerís Office, Haywood County, Tennessee, and the northeast corner of the herein described tract; thence from the point of beginning and with the west line of Dezern, and then Henry Anthony, the following calls: South 2 degrees 13 minutes 07 seconds West 592.43 feet; South 3 degrees 01 minute 50 seconds West 835.00 feet to an iron pin set in the north line of Tennessee Petdro, Inc. as recorded in Deed Book 152, page 329, Registerís Office, Haywood County, Tennessee; thence with the north line of Tennessee Petdor, Inc., North 87 degrees 13 minutes 00 seconds West 924.00 feet to an iron pin set at an interior corner of Tennessee Petdor, Inc.; thence with the east line of Tennessee Petdor, Inc. and then Bobby Joyner, and generally with a fence, North 2 degrees 46 minutes 56 seconds East 897.75 feet to an iron pin set at the southwest corner of Lawrence Reed as recorded in Deed Book 234, page 511, Registerís Office, Haywood County, Tennessee; thence with the line of Reed, the following calls: South 87 degrees 13 minutes 00 seconds East 200.00 feet to an iron pin set; North 2 degrees 47 minutes 00 seconds East 255.70 feet to an iron pin set in the south margin of Cane Creek Road and the south margin of Interstate 40; thence with same, North 72 degrees 00 minutes 00 seconds East 53.48 feet to an iron pin set at the northwest corner of Davis Hardin as recorded in Deed Book 118, page 96, Registerís Office, Haywood County, Tennessee; thence with the lines of Hardin, the following calls: South 2 degrees 47 minutes 00 seconds West 179.90 feet to an iron pin set; South 87 degrees 13 minutes 00 seconds East 200.00 feet to an iron pin set; North 2 degrees 47 minutes 00 seconds East 76.00 feet to an iron pin set at the southwest corner of Levi Boyd as recorded in Deed Book 116, page 173, Registerís Office, Haywood County, Tennessee; thence with the lines of Boyd, the following calls: South 87 degrees 13 minutes 00 seconds East 200.00 feet to an iron pin set; North 2 degrees 47 minutes 00 seconds East 255.71 feet to an iron pin set in the south margin of Cane Creek Road and the south margin of Interstate 40; thence with same North 72 degrees 00 minutes 00 seconds East 290.70 feet to the point of beginning, containing 23.62 acres, according to survey made by Reasons Engineering & Associates, Inc., RLS #508, on April 9, 2002.
There is located on the southern portion of the above described tract a power line as shown on plat. (Description taken from prior deed of record)
It being the same property as that described in a Warranty Deed from Marjorie L. Frederick, Marilyn G. Goodspeed, Robert Adams and Alexandra Adams, to Garey Ballard, dated April 12, 2002, and of record in Deed Book 250, page 277, Registerís Office of Haywood County, Tennessee.
Map 090, Parcel 002.00
The street address of the above described property is believed to be 625 Cane Creek Rd. Ext., Bells, TN 38006, 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.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION, IF ANY.
Title to said property is believed to be good, but the undersigned will sell as Substitute Trustee only and will assign to the purchaser all covenants of warranty contained in said Deed of Trust. Other interested parties: Haywood County Solid Waste; Capital One Bank; Brownsville Hospital Corporation d/b/a Haywood Park Community Hospital; and Colorado Capital.
Said sale may be adjourned to another time or may be postponed to another date by public announcement at the appointed time of sale without readvertisement.
This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
WITNESS my signature, this the 4th day of March, 2020.
KIZER, BONDS, HUGHES & BOWEN, PLLC
BY:STEPHEN L. HUGHES
Substitute Trustee
P. O. Box 320
Milan, TN 38358
(731) 686-1198

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