NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF REAL ESTATE
Default having been made in the payment of the debts and obligations secured by a certain Deed of Trust securing a promissory note, said Deed of Trust being dated June 8, 2015, Joel Haynes and wife Christi Haynes to Hunter Simmons, Trustee, as same appears of record in the Register's Office of Madison County, Tennessee, in Trust Deed Book 2000, Page 1371 filed of record on June 10, 2015 11:37 AM to secure an indebtedness to First South Bank, in the amount the amount of Eight Hundred Thousand and 00/100 ($800,000.00) Dollars; and
WHEREAS, the holder of the note, Christi Bivens Haynes as Trustee of the Jo Ann S. Haynes Irrevocable Trust has appointed Donald D. Glenn as the Substitute Trustee in Deed of Trust Book 2217, Page 315; and
WHEREAS the holder of the note, Christi Bivens Haynes, as Trustee of the Jo Ann S. Haynes Irrevocable Trust, which is the owner of the debt secured having declared the total indebtedness due, pursuant to said promissory note and trust deed at the option of the same, having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust;
NOW, THEREFORE, by virtue of the authority in me vested as trustee under said instrument, this is to give notice that I will, on Friday, April 28, 2023 at 11:00 a.m., proceed to offer for sale and sell at public outcry at the North door of the Madison County Courthouse in Jackson, Madison County, Tennessee and to the highest and best bidder for cash, the following described property, to wit:
Lying and being situated in the 7th Civil District of Madison County, Tennessee and more particularly described as follows:
Map 74, Parcel 80.00
TRACT 1:
Beginning at a stake in the center of Jackson Brownsville road at the northeast corner of a 2 acre tract owned by Mattie Day and runs thence south with the east line of same 13 degrees 30 minutes east 228 feet to a stake; thence south 75 degrees west 80 feet to a stake; thence south 4 degrees east 635 feet to a stake; thence south 1 degrees 35 minutes west 357 feet to a stake; thence south 2 degrees 30 minutes west 107 feet to a stake; thence south 38 degrees 30 minutes west 200 feet to a stake; thence south 45 degrees 30 minutes west 118 feet to a stake; thence south 19 degrees 15 minutes west 320 feet to a stake; thence north 82 degrees east 454 feet to a stake; thence south 33 degrees east 500 feet to a stake; thence south 28 degrees 30 minutes east 635 feet to a stake; thence south 25 degrees 45 minutes east 334 feet to a stake; thence north 85 degrees 30 minutes east 505 feet to a stake; thence north 10 degrees 30 minutes east 255 feet to a stake; thence north 84 degrees 30 minutes east 380 feet to a stake; thence north 161 feet to a stake; thence north 1 degrees 30 minutes west 300 feet to a stake; thence north 3 degrees 30 minutes west 548 feet to a stake; thence north 4 degrees west 579 feet to a stake; thence north 13 degrees 15 minutes west 200 feet to a stake; thence north 1 degree 30 minutes west 423 feet to a thence north 3 degrees 30 minutes west 209 feet to a stake and corner; thence north 86 degrees 30 minutes west 585 feet to a stake; thence north 3 degrees 30 minutes west 430 feet to a stake in Jackson-Brownsville Road; thence north 87 degrees 30 minute a west 680 feet to a stake in said road; thence south 76 degrees west 382 feet to the beginning, containing 106.9 acres, as shown by survey made for Federal Land Bank. This being the same tract conveyed to Robert V. Valentine by J.R. Valentine in Deed Book 74, Page 385, in the Register's Office of Madison County, Tennessee.
TRACT 2:
Beginning at a stake 30 feet south of center of State Highway No. 1, R.B. Valentine's northeast corner, on the south margin of State Highway right or way; runs thence south 462 feet to a stake, corner former by R.B. Valentine's east and north lines; thence east 578 feet to a stake, Valentine's northeast corner; thence south 2432 feet to a stake Valentine's southeast corner: thence south 87 degrees and 45 minutes west 373 feet to a stake in old creek, a corner with said Valentine; thence with said Creek south 22 degrees and 30 minutes west 141 feet to a stake, Valentine's southeast corner, also McBride's northeast corner; thence south 1 degree east 139 feet to a stake; thence south 5 degrees and 60 minutes east 116 feet to a stake, McBride's southeast corner and Sties' northeast corner; thence south 31 degrees and 45 minutes east 366 feet to a stake: thence south ss degrees east 786 feet to a stake; thence east 913 feet to a stake, Henning's southwest corner; thence north 3210.5 feet to a stake, the southeast corner of a 5 1/4 acre tract conveyed to Valentine; thence west 66 feet to a stake: thence north 60 degrees west 165 feet to a stake; thence west 226 feet to a stake; thence north 41 degrees and 15 minutes west 482 feet to a stake 16 1⁄2 feet east of Valentine's southwest corner; thence west 283.5 feet to a cedar post; thence north 2 degrees and 30 minutes west 328 feet to a stake in the south margin of State Highway No. 1 right of way Crittendon's northwest corner; thence with said Highway right of way south 88 degrees west 185 feet to a stake; thence north 83 degrees and 15 minutes west 100 feet to a stake; thence north 80 degrees west 563 to the beginning, containing 116.35 acres, more or less.
INCLUDED IN THE ABOVE DESCRIBED TRACTS BUT EXCLUDED FROM THIS CONVEYANCE ARE THE FOLLOWING PARCELS OF LAND:
PARCEL 1:
Beginning at a stake 50 feet south or the center of State Highway No. I, Reuben Haynes northwest corner on the south margin of said Highway right of way; runs thence with said right of way north 84 degrees west 7 2/10 chains to a stake; Jeff Haynes northeast corner: runs thence with said Haynes east line south 2 degrees 30 minutes east 5-7/10 chains to a stake, Jeff Haynes corner: runs thence with said Haynes line east 6 chains to a stake, Jeff Haynes corner; thence with said Haynes north 81 degrees east 1 chain, Rueben Haynes southwest corner; thence with said Rueben Haynes west line north 2 degrees 30 minutes west 4-5/10 chains to the beginning, containing 3 4/10 acres, more or less.
Parcel 2:
BEGINNING at an existing iron pin in the south margin or State Highway No. 1, said point being the northwest corner of the Jeff Haynes Gin lot as described in Deed Book 409, Page 408 and Deed Book 464, Page 660 in the Register's Office of Madison County, Tennessee, and runs thence South 03 degrees 30 minutes East, with the west line of said Gin lot, 376.2 feet to a point; thence North 82 degrees 46 minutes East, with the south line of said Gin lot, 396 feet to a point; thence North 81 degrees East, with the south line of said Gln lot, 66 feet to an existing iron corner post; thence South 02 degrees 30 minutes East 176 feet to an iron pin, thence South 79 degrees 56 minutes West 534.5 feet to an iron pin; thence North 21 degrees 10 minutes West 325.6 feet to an iron pin; thence North 02 degrees 13 minutes West 287.4 feet to an iron pin in the south margin of State Highway No. 1; thence South 87 degrees 49 minutes East, with the south margin of State Highway No. 1, 166.4 feet to the point of beginning. Containing 3.9 Acres as surveyed by J. M. Akin &. K. B. Pittman, Jr., Civil Engineers, dated April 3, 1993.
Parcel 3:
BEGINNING at a tack in the south margin of U. S. Highway No. 70 at the northeast corner of the 1.9 acre tract conveyed to Lynn Haynes and wife, as described In Deed Book __ , Page , and being the northwest corner of the 7.6 acre tract conveyed to Jeff Haynes and wife, Hattie Belle Haynes as described In Deed Book __ , Page __ , in said Register's Office; thence North 64 degrees East, with the south margin of said Highway, a distance of 17 feet to a metal spike; thence South 25 degrees 10 minutes East, a distance of 160 feet to a metal spike; thence South 6 degrees East, a distance of 143.81 feet to a metal spike in the center of a ditch in the east line of the Lynn Haynes tract; thence North 19 degrees 20 minutes West, with the east line of Lynn Haynes, a distance of 297.14 feet to the beginning and containing 0.14 of an acre.
Parcel 4:
Beginning at an iron pin on the south margin of Highway 70 (50 feet at right angles from centerline) said pin being north 84 degrees 10 minutes west a distance of 164 feet from the northwest corner of Joel Haynes as recorded In Deed Book 565, Page 590 in the Register's Office of Madison County, Tennessee,; thence leaving said highway south 5 degrees 00 minutes west a distance of 323.66 feet to an iron pin; thence north 85 degrees 00 minutes west a distance of 239.08 feet to an iron pin; thence north 5 degrees 00 minutes west a distance of 317.67 feet to an iron pin on the south margin of Highway 70; thence with the south margin of Highway 70 south 86 degrees 26 minutes 07 seconds east a distance of 239.16 feet to the point of beginning. Containing 1.76 acres, as surveyed by David Hall Land Surveying Company, K.L.S. #943 on March 8, 2002.
Parcel 5:
Beginning at a stake 50 feet south of the center of U. S. Highway No. 70 (State Highway No.1) at Harvey Crittendon’s northwest Corner, and on the south margin of said highway right of way, and runs thence with said highway right of way S. 87° W. 2.9 chains to a stake, the northeast corner of Blackmon & Hopper Gin Company; thence S. 2° 30' E. 4.5 chains to a stake, the southeast corner of Blackmon & Hopper Gin Company and in the north line of Jeff Haynes; runs thence with Jeff Haynes line N. 81° E. 3.1 chains to a stake at Harvey Crittendon's southwest corner; thence with Crittendon's west line N. 2° 30' W. 4.2 chains to the beginning, containing 1.3 acres, more or less. and being a part of the property which was conveyed to the undersigned by Robert L. and H. C. Ivey by deed recorded in the Register's Office of Madison County, Tennessee in Deed Book 150, page 168.
Parcel 6:
Beginning at a set 1/2-inch iron rod with ID cap stamped "Dodd, RLS 2657" (typical of all iron rods referred to herein as set) in the south right of way line of State Route 70, said point being at the northwest corner of the Norma Smith Trust property (DB 718, Pg. 798) and being the northeast corner of the herein described tract; runs thence with the west line of Smith, South 02 degrees 16 minutes 18 seconds West, a distance of 317.34 feet to a 2-inch iron pipe at the southwest corner of Smith; said point being at the lower northwest corner of Haynes (DB 565, Pg. 590 - First Tract); runs thence with said Haynes First Tract the following calls: South 07 degrees 51 minutes 19 seconds West, a distance of 176.00 feet to a set iron rod; South 89 degrees 53 minutes 50 seconds West, a distance of 558.92 feet to a set iron rod; North 10 degrees 46 minutes 54 seconds West, a distance of 144.69 feet to an iron rod; runs thence with a new severance line through the Haynes property (DB 629, Pg. 833 and DB 681, Pg. 1564) the following calls: South 88 degrees 27 minutes 03 seconds West, a distance of 384.47 feet to an iron rod; North 05 degrees 10 minutes 40 seconds West, a distance of 560.40 feet to an iron rod in the south right of way line of State Route 70; runs thence with the south right of way line of State Route 70 the following calls: with a curve to the right with an arc length of 132.33 feet, a radius of 910.00 feet, and having a chord bearing and distance of South 84 degrees 31 minutes 51 seconds East, 132.21 feet; South 09 degrees 38 minutes 06 seconds West, a distance of 5.00 feet; with a curve to the right with an arc length of 45.86 feet, a radius of 905.00 feet, and having a chord bearing and distance of South 78 degrees 54 minutes 47 seconds East, 45.86 feet; South 77 degrees 27 minutes 41 seconds East, a distance of 151.60 feet; North 12 degrees 32 minutes 19 seconds East, a distance of 15.00 feet; South 77 degrees 27 minutes 41 seconds East, a distance of 100.00 feet; North 12 degrees 32 minutes 19 seconds East, a distance of 5.00 feet; South 77 degrees 27 minutes 41 seconds East, a distance of 552.89 feet; with a curve to the left with an arc length of 93.51 feet, and a radius of 985.00 feet, and having a chord bearing and distance of South 80 degrees 10 minutes 52 seconds East, 93.48 feet to the point of beginning, and containing 12.65 acres, more or less, as surveyed by Craig J. Barron, R.L.S.# 2639 on January 18,2021. All bearings are relative to the Tennessee State Plane Coordinate System of 1983.
TRACT 3:
Beginning at an iron pin in the south margin or Highway No. 70 et Bruce E. Bailey’s northeast corner; thence with Bailey’s east line south 21 degrees east 4.9 chains to a post, Bailey’s southeast corner; runs thence with Bailey’s south line south 30 degrees west 3.9 chains to a sycamore tree, Bailey’s southwest corner in Ivey's east line; runs thence with Ivey's east line south 44 degrees 30 minutes east 4.7 chains to a red oak; thence north 88 degrees east 3 chains to a red oak; thence south 73 degrees east 1.5 chains to a poplar; thence south 59 degrees 30 minutes east 2.4 chains to a red oak; thence north 76 degrees 30 minutes east 1.2 chains to a post, Ivey's corner in Cole's west line; runs thence with said Cole north 6.7 chains, Cole's and Henning's corner; runs thence with said Henning's south line west 6.0 chains to a sassafras, Henning’s southwest corner; runs thence north with said Henning's line 8.5 chains to a stake; Henning's northwest corner in south margin or Highway No. 70; runs thence with said Highway south 61 degrees west 4.6 chains to the beginning, containing 7.6 acres, more or less.
INCLUDED IN THE ABOVE DESCRIBED TRACT BUT EXCLUDED FROM THIS CONVEYANCE IS THE FOLLOWING PARCEL OF LAND:
Beginning at a railroad spike on the south margin of the Brownsville Highway (30 feet from centerline at right angles) at the northeast corner of a tract owned by Lynn Haynes (Deed Book 232, page 496); thence with the south margin of the Brownsville Highway North 61 degrees 0 minutes 0 seconds East a distance of 303.60 feet to a point at the northwest corner of a lot owned by Susan Waldrop (Deed Book 501, page 61); thence with the west line of the Waldrop lot South 0 degrees 15 minutes 4 seconds West a distance of 193.58 feet to an iron pin set; thence South 61 degrees 0 minutes 0 seconds West a distance of 212.22 feet to an iron pin set in the east line of the Lynn Haynes tract; thence with the east line of the Lynn Haynes tract North 27 degrees 54 minutes 43 seconds West a distance of 168.93 feet to the point of beginning. Containing 1.0 acre.
Being the same property conveyed to Joel Haynes by Quit Claim Deed of record in Deed Book 681, Page 1568 and by Warranty Deed of record in Deed Book 681, Page 1564 both in the Register’s Office of Madison County, Tennessee.
This property is known as 4198 Brownsville Highway, Jackson, TN 38305 however this address is not part of the legal description of this property and is provided for notice in accordance with the law only.
All right of redemption, statutory and otherwise, homestead and dower are expressly waived in said Deed of Trust, and the title is believed good, but the undersigned, Trustee, will sell and convey only as Trustee, subject to any prior deeds of trust, real estate taxes, assessments, covenants, easements, restrictions and liens.
Pursuant to T.C.A. § 35-5-104, the following liens or claimed liens of the United States or the State of Tennessee are of record in said Register's office: None. If necessary, notice of the Trustee's foreclosure sale has been given to the Internal Revenue Service or the State of Tennessee as provided for in U.S.C. § 7425(b) and/or T.C.A. § 67-1-1433(b)(1) h. If applicable, the sale of this property is subject to any applicable redemption rights held by the United States Internal Revenue Service, as set out in 26 U.S.C. § 7425(d)(1) or the State of Tennessee, as set out in T.C.A. § 67-1-1433(c)(1).
Other interested parties whose interest may be extinguished by this foreclosure are as follows: The holder of the Trust Deed of record in Trust Deed Book 2144, Page 844 believed to be Jo Ann Haynes, the holder of the following judgment liens; Lien Book 69 Page 436 (John Deere Financial FSB), Lien Book 69, Page 589 (John Deere Financial FSB), Lien Book 68, Page 909 (Tennessee Farmers Cooperative), Lien Book 70, Page 719 (Helena Agri-Enterprises, LLC). There is also a previous unreleased Trust Deed of record in Trust Deed Book 1762, Page 246 in favor of First South Bank.
For informational purposes: it is believed that Madison County taxes are unpaid and delinquent for 2021 and 2022.
The Trustee reserves the right to make oral announcements at the time of the public sale which shall apply to the terms of the sale. If the highest bidder cannot pay the bid in full upon such terms as are announced at the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. 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.
The Trustee caused the records check to be done to insure that the borrower is not subject to the Service-Members Civil Relief Act.
THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
_____________________
Donald D. Glenn
Trustee
PUBLICATION DATES: March 30, April 6, and 13, 2023
Charge to: Pentecost, Glenn & Tilly, PLLC
Attorneys at Law
162 Murray Guard Drive Ste B
Jackson, Tennessee 38305
(731) 668-5995