NOTICE OF SUBSTITUTE TRUSTEEíS SALE OF REAL ESTATE
WHEREAS, February 9, 2004, BROWNSVILLE COUNTRY CLUB, INC., by Deed of Trust of record in Trust Deed Book 263, at Page 475, in the Registerís Office of Haywood County, Tennessee. A Modification of Deed of Trust dated January 22, 2014, was filed in Record Book 118, at Page 15, 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 Two Hundred Fifty Five Thousand and 00/100 Dollars ($255,000.00), 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.
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 Thursday, March 7, 2019, at 2:00 oíclock p.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 a reasonable time to be announced at the sale, the next highest bidder will be deemed the successful bidder.
Lying, and being situate in the 7th Civil District of Haywood County, Tennessee, bounded and described as follows; to-wit:
FIRST TRACT: BEGINNING at a stake in the southeast corner of the original tract, and in H. C. Andersonís west boundary line with holly tree pointers; runs thence West 124-2/3 poles to a stake in Sarah M. Johnstonís southeast corner, with a white oak on the north bank of a creek, dogwood and gum pointers; thence North 182+-1/2 poles to a stake, T. O. Bondís south boundary line and Sarah M. Johnstonís northeast corner with elm pointers; thence East 102-2/3 poles to a stake, T. O. Bondís south boundary line and Sarah M. Johnstonís northeast corner with elm pointers; thence East 102-2/3 poles to a stake on a mound, same being T. O. Bondís southeast corner; thence North 22-1/2 poles to a stake in T. O. Bondís corner; thence East with W. B. Taylorís south boundary line 22-1/2 poles to a stake in H. C. Andersonís northwest corner of the original tract of land; thence South 205 poles to the beginning, and containing 148 acres, more or less. (Description taken from prior deed of record)
SECOND TRACT: BEGINNING at a stake in James Tiptonís southeast corner and in the north line of the 148 acre tract above described; runs thence East with said north boundary line 19-2/3 poles to a stake on the north side of a mount; thence North 22-1/2 poles to a stake in Charlie Taylorís south boundary line; thence West 19.8 poles to a stake, said Taylorís southeast corner; thence South 1 degree West with said Tiptonís east boundary line 22-1/2 poles to the beginning, and containing 2.75 acres, more or less.
Being the same property conveyed to Brownsville County Club, Inc. by deed recorded in Deed Book 99, page 446, in the Registerís Office for Haywood County, Tennessee.
Map 076, Parcels 030.00 & 030.00 001
The street address of the above described property is believed to be 1249 Country Club Rd., Brownsville, Tennessee, 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.
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. Other interested parties: State of Tennessee Department of Labor and Workforce Development and Broadcast Music, Inc.
This property is subject to a Notice of State Tax Lien in favor of the State of Tennessee Department of Labor and Workforce Development, against Brownsville Country Club, Inc., 1249 Country Club Rd, Brownsville, TN 38012, dated December 18, 2017, and recorded January 2, 2018, in Record Book 158, at Page 651, in the Registerís Office of Haywood County, Tennessee. Notice of said sale required by T.C.A. ß 50-7-404 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 to redeem such property, as provided in T.C.A. ß 50-7-404(i)(3)(A).
This property is subject to the easement of record in Record Book 34, at Page 146, in the Registerís Office of Haywood County, Tennessee.
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.
The sale held pursuant to this Notice may be rescinded at the Successor Trusteeís option at any time. 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 6th day of February, 2019.
KIZER, BONDS, HUGHES & BOWEN, PLLC
BY: STEPHEN L. HUGHES
P. O. Box 320
Milan, Tennessee 38358