NOTICE OF SALE OF REAL ESTATE
WHEREAS, by an Open End Deed of Trust dated April 2, 2009, and
recorded on April 8, 2009, appearing of record in Book T1855 page 571,
in the Register’s Office of Madison County, Tennessee, Eric Cross
conveyed to BENNY D. FESMIRE, TRUSTEE, certain real estate therein
described, to secure the payment of a certain indebtedness therein set
forth to B & H Investments, Inc.; and
WHEREAS, the Open End Deed of Trust was assigned by B & H
Investments, Inc. to B & H Finance, Inc. by Assignment of Note and
Deed dated January 24, 2018, recorded at Book T2063, page 1195 in the
Register’s Office of Madison County, Tennessee; and
WHEREAS, default has been made in the payment of the indebtedness
secured by the Trust Deed, and B & H FINANCE, INC the lawful holder of
the note evidencing the indebtedness has declared the entire balance
due and payable; and
WHEREAS, Charles C. Exum was appointed Successor Trustee by
instrument appearing of record in Book T2064, page 1557 in the
Register’s Office of Madison County, Tennessee.
NOW, THEREFORE, notice is hereby given that on March 26, 2018 at
12:15 P.M., at the north door of the Court House in Jackson,
Tennessee, I will sell to the last, highest and best bidder for cash
or for credit bid against the secured debt, and free from right of
homestead, equity of redemption, statutory right of redemption and
relinquishing all other rights and exemptions of every kind, including
but not limited to, a statutory right to an elective share in the
Property, all of which were waived in the deed of trust, the
following real estate more particularly described as follows:
TRACT 1:
Lying and being in the Fifth Civil District of Madison County,
Tennessee, to-wit:
BEGINNING at a stake in the north margin of the right-of-way of the
N.C. & St. L.R. Railroad and the east margin of the Mifflin Road, and
runs thence south 83 degrees 30 minutes east 106 feet to a stake at
the southwest corner of the parcel of real estate conveyed by Mary
Nell Holloway to Troy Baxter and wife by deed dated August 8, 1959,
and recorded in the Register’s Office of Madison County, Tennessee; to
a stake in the south margin of the lot heretofore conveyed to Lloyd W.
Holloway by deed of record in Deed Book 147, page 393; thence with the
south line of said Lloyd W. Holloway lot south 81 degrees west 110
feet to a stake in the east margin of the Mifflin Road; thence with
the east margin of the Mifflin Road south 1 degree 30 minutes east 125
feet to the point of beginning.
Being the same property conveyed from Eric Cross and Willene Cross to
Eric Cross by QuitClaim Deed dated and recorded on March 30, 2009, in
Book D698, page 487, in the Register’s Office of Madison County,
Tennessee.
The address of the above property is 70 Mifflin Road, Jackson, TN
Map 86 Parcel 36.00
TRACT 2:
Lying and being in the Sixth Civil District of Madison County,
Tennessee, to-wit:
BEGINNING at a stake in the north margin of Holland lane, being 100
feet east of west boundary of the 15 acre tract of land conveyed to
Landmark Investors Incorporated by Irby L. Graves and wife, of record
in Deed Book 276, page 289, in the Register’s Office of Madison
County, Tennessee, of which this is a part, and runs east with the
north margin as shown in a plat to be of record showing Old Holland
Land to have a 50 foot right-of-way of road 105 feet to a stake;
thence north 200 feet to a stake; thence West 105 feet to a stake;
thence south 200 feet to the point of beginning. A former grantor
reserves the Right to dedicate a 25 foot frontage for Holland Land
Improvement and the above description lies to the north thereof.
Being the same property conveyed from Willene Cross to Eric Cross by
QuitClaim Deed dated and recorded on March 30, 2009, in Book D698,
page 481, in the Register’s Office of Madison County, Tennessee.
Descriptions taken from Book T1855, page 571, Register’s Office of
Madison County, Tennessee. No opinion is rendered as to the accuracy
of the legal description.
The address of the above property is 67 Holland Lane, Jackson, TN Map
42 Parcel 41.04
Said property will be sold by me as Successor Trustee only and
subject to any unpaid taxes and assessments and all valid
restrictions, covenants or easements, if any, of record on said
property, and subject to any and all other liens having priority over
the Trust Deed. The Successor Trustee reserves the right to make oral
announcements at the time of the public sale which shall apply to the
terms of the sale. The Successor Trustee may postpone any sale
hereunder to another time or place by so announcing to all present at
the time and place of the sale scheduled herein, without the necessity
of any further notice whatsoever.
THIS IS FOR THE COLLECTION OF A DEBT AND ALL INFORMATION RECEIVED
WILL BE USED FOR THAT PURPOSE.
INTERESTED PARTIES: Eric Cross, City of Jackson, David Mackey, Shonda
Mickel, Jimmy Harris/Madison County, Madison County (delinquent
taxes).
/s/ Charles C. Exum
Charles C. Exum, Successor Trustee
Rainey, Kizer, Reviere & Bell, P.L.C.
105 South Highland
Jackson, TN 38301
731-423-2414
DATES OF PUBLICATION: March 1, 8, and 15, 2018.