NOTICE OF SUCCESSOR TRUSTEE'S SALE WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated November 29, 2011 ex- ecuted by EDWARD LEE TOLLEY and KIMBERLY LEEANN TOLLEY, conveying certain real proper- ty therein described to W. KENT JONES, as Trustee, for the benefit of CAROLL BANK & TRUST, as same appears of record in the Register's Office of Houston County, Tennesseerecorded December 12, 2011, in Re- cord Book 61, Pages 583-588; who is currently the owner of said debt; and WHEREAS, the undersigned, Anita Lynn Coffinberry, having been appointed as Successor Trustee by instrument filed of record in the Reg- ister's Office of Houston County, Ten- nessee in Record Book 134, Page
NOW, THEREFORE, notice is here-
by given that the entire indebtedness has been declared due and payable, and that the undersigned, Anita Lynn Coffinberry, as Successor Trustee or her duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Successor Trustee will, on Tuesday, March 28, 2023 10:00 AM prevailing Central Time at the front door of the Houston County Courthouse, 4725 E. Main St., Erin, Tennessee 37061, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Houston County, Tennessee, to wit a tract or parcel of land in the 1st Civil District of Hous- ton County, State of Tennessee, as follows:
BEING a tract or parcel of land locat- ed on the north side of Hidden Valley Road, on the east side of HSC Lane, on both side of Keith Lane, a portion of Tax Map 15, Parcel 7.00, and be- ing more particularly described as follows:
BEGINNING at a rebar iron pin found at the northeast corner of Tax Map 15K Group D Parcel 27 (Charles Blanton, DB 80 PG 281); thence with Parcel 27.00, North 89 degrees, 57 minutes, 51 seconds West, 50.10 feet to an iron pin and cap found (Russell Keith Wilson, TRLS # 1786) at the southeast corner of the here- in described tract and THE TRUE POINT OF BEGINNING; thence around this tract in 28 boundary calls as follows: continuing with Parcel 27 and THE BASIS OF BEARINGS for this survey, South 89 degrees, 59 minutes, 17 seconds West, 238.64 feet to a rebar iron pin found on the east side of Keith Lane at the north- west corner of Parcel 27; thence with the east side of said lane, South 16 degrees, 27 minutes, 35 seconds West, 79.27 feet to a witness iron pin set (capped "BMA RLS 898" as all that follow) and continuing same bearing an additional 39.13 feet to a point in the centerline of Hidden Valley Road (40 feet wide); thence with said road, South 87 degrees, 01 minutes, 53 seconds West, 42.42 feet to a point; thence with west side Keith Lane (40 feet from and parallel to east side) North 16 degrees, 27 minutes, 35 seconds East, 53.24 feet to a witness iron pin set a the south- east corner of Tax Map 15K Group D Parcel 29 (James David Corn- well, RB 17 PG 597) and continuing same bearing an additional 194.09 feet to an iron pin set at northeast corner said Parcel 29; thence Due West, 100.00 feet to an iron pin set at northwest corner said Parcel 29 and the northeast corner of Cornwell's Parcel 28 (RB 17 PG 597); thence with Parcel 28, South 50 degrees, 25 minutes, 55 seconds West, 57.53 feet to an iron pin set at the northeast corner of Tax Map 15K Group D Par- cel 19; thence North 53 degrees, 00 minutes, 33 seconds West, 227.00 feet to a witness iron pin found (RxR Spike) and continuing an additional 12.64 feet to a point in the centerline of HSC Lane (40 feet wide) at north- west corner said Parcel 19 and the southwest corner of this tract; thence with HSC Lane, North 30 degrees, 15 minutes, 55 seconds East, 77.79 feet to a point in the south boundary of Thomas F. Barnes, Jr. (DB 117 PG 25); thence leaving the lane, South 49 degrees, 32 minutes, 22 seconds East, 27.74 feet to an iron pin and cap found (Wilson, TRLS #1786) at Barnes' southeast; thence continuing with Barnes for two calls: North 23 degrees, 22 minutes, 16 seconds East, 139.55 feet to a Wilson cap iron pin found; and North 01 degrees, 32 minutes, 21 seconds East, 205.68 feet to a Wilson cap iron pin found in the south boundary of Tax Map 15 Parcel 2.19 (Billy J. Lambert, DB 93 PG 425) at the northeast corner of Barnes; thence with Lambert for two calls: South 85 degrees, 31 minutes, 13 seconds East, 194.48 feet to a re- bar and steel post found; and North 06 degrees, 28 minutes, 31 seconds East, 297.85 feet to a square iron pipe found at the north most north- west corner of this tract and south- west corner of Tax Map 15 Parcel 7.05 (Sunny Cavender, DB 105 PG 149); thence South 85 degrees, 36 minutes, 27 seconds East, 319.80 feet to an iron pin set at the northeast corner of this tract, southeast corner of Cavender (this being located South 02 degrees, 38 minutes, 57 seconds West, 264.80 feet from an iron pipe found at the northeast corner of Cav- ender); thence South 00 degrees, 30 minutes, 02 seconds East, 87.94 feet to a rebar iron pin found at the north- west corner of Tax Map 15K Group A Parcel 1.46 (Louis E. Johnston Sr., DB 51 PG 140) and the northeast corner of Tax Map 15K Group A Par- cel 1.56 (Kenneth R. Cruse, DB 107 PG 249; thence around Parcel 1.56 with four calls: South 85 degrees, 04 minutes, 02 seconds West, 130.38 feet to an iron pin set at the north- west corner; South 08 degrees, 41 minutes, 16 seconds West, 79.20 feet to an iron pin set; South 14 de- grees, 47 minutes, 31 seconds West, 251.50 feet to a 3⁄4-inch rebar iron pin found at the southwest corner; and North 88 degrees, 49 minutes, 58 seconds East, 147.58 feet to an iron pin set at the northwest corner of the 0.151 acre strip being conveyed to Carla Estes and Dallas Cauthen at this time (being located South 88 degrees, 49 minutes, 58 seconds West, 50.00 feet from a 3⁄4-inch rebar iron pin found at the southeast cor- ner of Cruse): thence with two new
dividing lines severing said convey- ance: South 09 degrees, 50 minutes, 01 seconds West, 133.97 feet to an iron pin set at southwest corner; and North 88 degrees, 49 minutes, 58 seconds East, 50.00 feet to a 1-inch rebar iron pin found at the southeast corner of said conveyance; thence with Tax Map 15K Group A Parcels 1.35 and 1.31, South 01 degrees, 22 minutes, 55 seconds West, 173.99 feet to a 1-inch iron pipe found at the southwest corner of Parcel 1.31 and the northwest corner of Tax Map 15K Group A Parcel 1.30; thence South 00 degrees, 49 minutes, 01 seconds West, 55.56 feet to a Wilson cap iron pin found at the north most northeast corner of Tax Map 15K Group A Par- cel 1.33; thence around said Parcel 1.33 through Wilson cap iron pins in two calls: South 89 degrees, 57 minutes, 48 seconds West, 50.10 feet, and South 01 degree, 00 min- utes, 24 seconds West, 90.01 feet to THE TRUE POINT OF BEGINNING, containing 7.891 acres, as surveyed June 28, 2011, by Robert G. Barrett, TRLS 898.
The above-described is encumbered by road and utility easement extend- ing 20 feet from the centerlines of Hidden Valley Road and HSC Lane, also for Keith Lane, if any exist.
This being the same land conveyed to Edward Lee Tolley and wife, Kim- berly Leeann Tolley by deed from Community Action Network, Inc., dated November 29, 2011, of record in Record Book 61, Page 578 of the Register's Office of Houston County, Tennessee.
IN HOUSTON COUNTY, TENNES- SEE, Map 15K, Group A, Parcel 1.60. PROPERTY ADDRESS: The street address of the property is be- lieved to be 108 Hidden Valley Rd., Stewart, TN 37175. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.
CURRENT OWNER(S): EDWARD LEE TOLLEY (a/k/a EDWARD LEE TOLLEY, JR.) and KIMBERLY LEE- ANN TOLLEY.
OTHER INTERESTED PARTIES: COMMUNITY ACTION NETWORK, INC., W. KENT JONES, TRUST- EE, HOUSTON COUNTY, CACH, LLC, DAVID L. MENDELSON/MEN- DELSON LAW FIRM, HOUSING ASSISTANCE COUNCIL, TENNES- SEE HOUSING DEVELOPMENT AGENCY, and ROZANN DOWN- ING, TRUSTEE. The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applica- ble; 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. This property is being sold with the express reservation that it is subject to confirmation by theLender or Successor Trustee. This sale may be rescinded 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. All right and equity of redemption, statutory or otherwise, homestead, and dower are express- ly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and con- vey only as Successor Trustee. The right is reserved to cancel the sale of the Property at the request of the secured creditor, and to re-advertise the Property for sale at a later date, without diminishing, impairing, or otherwise affecting the priority of the Deed of Trust as a lien on the Prop- erty. To the best of the Successor Trustee's knowledge, information, and belief, there are no other Federal or State tax lien claimants or other claimants upon the subject property which would require notice pursuant to the terms and provision of T.C.A. § 35-5-104 or T.C.A. § 67-1-1433 or 26 U.S.C. § 7425. The sale held pursu- ant to this Notice may be rescinded at the Successor Trustee's option at any time. The Successor Trustee may postpone the above referenced sale from time to time as needed without further publication. The Suc- cessor Trustee will announce the postponement on the date and at the time and location of the originally scheduled sale.
The entire purchase price is due and payable at the conclusion of the auc- tion in the form of cash or a certified funds made payable to or endorsed to Vinson & Coffinberry, P.C.; no personal checks will be accepted. To this end the potential purchaser must bring sufficient funds to outbid the lender and any other bidders. In- sufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered. This sale may be rescinded only by the Successor Trustee at any time. If the Successor Trustee rescinds the sale, the purchaser shall be entitled only to a return of any money paid towards the purchase price and shall have no other recourse. Once the purchaser tenders the purchase price, the Suc- cessor Trustee may deem the sale final in which case the purchaser shall have no remedy. The Proper- ty is sold AS IS, WHERE IS, without representations or warranties of any kind, including fitness for a particular use or purpose.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFOR- MATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Anita Lynn Coffinberry, Successor Trustee
VINSON & COFFINBERRY, P.C.
3 Court Street, P.O. Box 251
Erin, TN 37061
Tel: (931) 289-3950, Fax: (931) 289- 4000.
Insertion Dates: March 7, 14, & 21, 2023