NOTICE OF FORECLOSURE AND SALE
Default having been made in the payment of installments due on the
note from ROBERT PAYNE and JANELLE PAYNE payable to COMMUNITY CHOICE
FINANCIAL SERVICES, INC., which note is secured by a certain Deed of
Trust referenced herein, dated the 27th day of September, 2006,
executed by ROBERT STEPHEN PAYNE, JANELLE LYNN PAYNE, JAMES R. PAYNE
and ROYCE L. PAYNE, and of record in the Register’s Office of Madison
County, Tennessee in Trust Book 1775, Pages 1100-1104, to which
reference is hereby made, and the holder of the note in question
having declared all debt, principal, interest, and attorney’s fees,
immediately due and payable, notice is hereby given that on the 10th
day of August, 2017, at 12:00 p.m. (noon) at the north door of the
Courthouse for Madison County, Tennessee, at Jackson, Tennessee, the
undersigned Substitute Trustee, on behalf of Simmons Bank, successor
by merger to Community Choice Financial Services, Inc., the holder of
the note in question, will sell for cash, to the highest bidder, and
in bar of the equity of redemption and the statutory right of
redemption, the following described premises:
TRACT 1:
SITUATED, LYING AND BEING in the 8th Civil District of Madison County,
Tennessee and being more particularly described as follows to-wit:
BEGINNING at the intersection of the center of Red Lane and the North
margin of CSX Transportation Inc. Railroad (50 feet from center); runs
thence with the North margin of the CSX Transportation Inc. Railroad
South 48 degrees 01 minutes 21 seconds West passing through an iron
pin set at 20.00 feet and continuing for a total distance of 498.19
feet to a point being the Northeast corner of the U.S. Silica property
as recorded in Deed Book 581, Page 437, with a P.K. Nail found bearing
North 87 degrees 45 minutes 23 seconds East 78.76 feet; runs thence
with U.S. Silica’s North line and generally following a fence South 89
degrees 34 minutes 00 seconds West 918.13 feet; runs thence North 89
degrees 32 minutes 14 seconds West 595.00 feet to an iron pin found
being the U.S. Silica’s northwest corner and the northeast corner of
the M.G. Properties, Inc., property as recorded in Deed Book 427, Page
49; runs thence with M.G. Properties’ North line and generally
following a fence North 88 degrees 52 minutes 16 seconds West 472.49
feet to a wood post found being an interior corner of the M.G.
Properties; runs thence with the East line of the M.G. Properties and
continuing with the East line of the Doris Payne property as recorded
in Deed Book 406, Page 494, the Grady & Joyce Maners’ property as
recorded in Deed Book 196, Page 230, & Deed Book 174, Page 434, North
15 degrees 42 minutes 21 seconds East 428.53 feet to an iron pin set;
runs thence with a new division line through the Bisher’s property,
South 87 degrees 45 minutes 44 seconds East 603.35 feet to an iron pin
set; runs thence North 66 degrees 14 minutes 14 seconds East passing
through an Iron pin set at 904.78 feet and continuing for a total
distance of 937.73 feet to a point in the center of Red Lane; runs
thence with the center of Red Lane the following calls: South 76
degrees 23 minutes 46 seconds East 327.20 feet to a point; runs thence
along a curve to the right having a radius of 500.00 feet, a chord
direction of South 60 degrees 32 minutes 15 seconds East, a chord
length of 273.26 feet and an arc length of 276.79 feet; runs thence
South 44 degrees 40 minutes 44 seconds East 264.97 feet; runs thence
South 41 degrees 38 minutes 22 seconds East 54.89 feet to the POINT OF
BEGINNING; containing 1,203,223.73 square feet or 27.62 acres of land
as surveyed by Bryan J. Batte, RLS. 2190, Surveying Services, Inc., 41
Heritage Square, Jackson, Tennessee.
Said acreage SUBJECT to the right of way of public roads as shown on
plat and Easement to the City of Jackson as recorded in Deed Book 162,
Page 213; said property is also subject to the right-of-way of Denmark
Road and Red Lane and to Restrictions and limitations of Green Belt
Laws of the State of Tennessee of record in Green Belt Book 6, Page
89, Register’s Office, Madison County, Tennessee.
This property is currently under an agricultural tax assessment
(“Greenbelt”) pursuant to the Greenbelt Application of record in Green
Belt Book 6, Page 89, Register’s Office, Madison County, Tennessee,
and upon transfer of ownership, MAY BE SUBJECT to rollback taxes that
may be assessed against the subject property by the Madison County Tax
Assessor’s Office.
THIS BEING the property conveyed to Robert Stephen Payne and wife,
Janelle Lynn Payne by Warranty Deed of Galen Bisher and wife, Barbara
Gail Bisher as recorded in Deed Book 683, Page 1642, in the Register’s
Office of Madison County, Tennessee.
(Map 89, Parcel 49.01, formerly 49.00sp)
TRACT 2:
SITUATED, LYING AND BEING in the Eighth Civil District, Madison
County, Tennessee, more particularly bounded and described as follows,
to-wit:
FIRST TRACT: BEGINNING at a point in the East margin of the Jackson
and Denmark Road at a point in Johnson’s North line, it being the
Southwest corner of this tract of land, runs thence East with
Johnson’s North line 693 feet to a stake; thence North and on a line
ten feet West of Beard’s barn, 100 feet to a stake; thence West 693
feet, more or less, to a point in the east margin of the Jackson and
Denmark Road; thence South and parallel with the said Jackson and
Denmark Road 100 feet to the POINT OF BEGINNING.
SECOND TRACT: BEGINNING in the middle of the Denmark Road, being H.O.
Maners southwest corner and runs South 28-1/2 degrees West 248-1/2
feet to Morris Payne’s Northwest corner; thence East with Morris
Payne’s North line 693 feet more or less to a stake, being said
Payne’s Northeast corner; thence North 85-1/2 degrees West 538 feet to
the BEGINNING.
LESS THE FOLLOWING PROPERTY: BEGINNING at a stake in the center of the
Old Denmark Road at the southwest corner of the tract of Grady Maners
and the Northwest corner of the parcel of real estate conveyed to
Morris Payne and wife, Edna Payne herein by Deed of I.E. Beard and
wife, and appearing of record in the Register’s Office of Madison
County, Tennessee, in Deed Book No. 138, at Page 170, and of which the
lot herein conveyed is a part, and runs thence South 28-1/2 degrees
West with the center of said road 75 feet to a stake; thence South 81
degrees and 15 minutes East 200 feet to a stake thence North 25
degrees and 30 minutes East 85 feet to a stake in the South line of
the Grady Maners tract; thence North 85 degrees and 30 minutes West
with Maner’s South line 200 feet to the POINT OF BEGINNING. Said legal
description is the same description as contained in the previous deed
of record.
Said property is SUBJECT to the right-at-way of Denmark Road.
BEING the same real estate conveyed to James R. Payne and Lou Horn
Payne also known as Royce Lueondess Payne and Royce L. Payne by
Affidavit of Inheritance dated May 2, 2002 of record In the Register’s
Office of Madison County, Tennessee in Deed Book 628, page 412. A
remainder interest in said property was conveyed to Robert Stephen
Payne and wife, Janelle Lynn Payne by Quitclaim Deed recorded in Deed
Book D682, Page 1826, Register’s Office, Madison County, Tennessee,
leaving James R. Payne and Royce Lueondess Payne with a life estate in
said property.
(Map 89, Parcel 44.00)
TRACT 3:
SITUATE, LYING AND BEING in the Eighth Civil District of Madison
County, Tennessee and being more particularly bounded and described as
follows to-wit:
BEGINNING at a stake in the center of the Old Denmark Road at the
Southwest corner of the tract of Grady Maners and the Northwest corner
of the parcel of real estate conveyed in Deed of Record in the
Register’s Office of Madison County, Tennessee, in Deed Book 138, Page
170, and of which the lot herein conveyed is a part, and runs thence
South 28·1/2 degrees West with the center of said road 75 feet to a
stake; thence South 81 degrees and 15 minutes East 200 feet to a
stake; thence North 25 degrees and 30 minutes East 85 feet to a stake
in the south line of Grady Maners’ tract; thence North 85 degrees and
30 minutes West with Maners’ South line 200 feet to the POINT OF
BEGINNING.
Said property is SUBJECT to an easement to the City of Jackson
recorded in Deed Book 592, Page 73, in the Register’s Office of
Madison County, Tennessee.
BEING the same property conveyed to James R. Payne and wife, Royce L.
Payne by Warranty Deed, of the Bells Banking Company, dated January 3,
1985, appearing of record in Deed Book 455, Page 805, in the
Register’s Office of Madison County, Tennessee. A remainder interest
in said property was conveyed to Robert Stephen Payne and wife,
Janelle Lynn Payne by Quitclaim Deed recorded In Deed Book D682, Page
1813, Register’s Office, Madison County, Tennessee, leaving James R.
Payne and Royce Lueondess Payne with a life estate in said property.
(Map 89, Parcel 44.01)
PROPERTY ADDRESSES: 116 Red Lane, Jackson, TN 38301; 374 Old Denmark
Rd., Jackson, TN38301 and 360 Old Denmark Rd., Jackson, TN 38301.
SUBORDINATE LIEN HOLDERS TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS
BEEN GIVEN: (1) Discover Bank, c/o Nathan & Nathan, P.C., P.O. Box
1715, Birmingham, AL35201; Judgment Lien against Janelle L. Payne of
record in Lien Book 55, Page 446 in the Register’s Office for Madison
County, Tennessee. (2) Capital One Bank (USA) NA, c/o Sadia S.
Station, Attorney, Redding, Steen & Station, PC, 464 N. Parkway, Suite
A, Jackson, TN37301 and c/o Mark A. Sexton, Attorney, Hosto, Buchan
& Prater, PLLC, P.O. Box 3397, Little Rock, AR72203; Judgment Lien
against Janelle L. Payne of record in Lien Book 55, Page 1303, in the
said Register’s Office.
OTHER INTERESTED PARTIES IN REAL PROPERTY TO WHOM NOTICE OF THIS
FORECLOSURE SALE HAS BEEN GIVEN: Current Tenants at 116 Red Lane,
Jackson, TN 38301; 374 Old Denmark Rd., Jackson, TN38301 and 360 Old
Denmark Rd., Jackson, TN 38301.
No warranties are made as to the merchantability of title of said real
property, which property is being sold, “where is, as is”, subject to
all restrictions, easements, governmental zoning or regulations,
subdivision ordinances or regulations in effect with respect to the
property, unpaid property taxes, assessments and all superior
encumbrances and liens, if any, whether of record or not. The
Substitute Trustee herein makes no representations or warranties as to
status of title or description of this property.
Should the highest bidder fail to comply with the terms of the bid at
the public sale, then the Substitute Trustee shall have the option of
accepting the second highest bid, or the next highest bid with which
the buyer is able to comply.
The Substitute Trustee will make a deed to the purchaser on the day of
sale, and the premises will be sold subject to any unpaid taxes, other
than those tax encumbrances which are divested by nonjudicial sale,
further, the premises will be sold subject to any and all other
restrictions, encumbrances and any governmental zoning or regulations
and subdivision ordinances or regulations in effect with respect to
the property.
The sale held pursuant to this Notice may be rescinded at the
Substitute 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, from time to time, as needed at the sole
discretion of the Substitute Trustee.
This communication is an attempt to collect a debt and any information
collected or garnered hereby or as a result hereby may be used for
purposes of collecting the debt.
This the 12th day of July, 2017.
BRIDGET J. WILLHITE, Substitute Trustee
Insert: July 13, 20, and 27, 2017