Legals / Public Notices
NOTICE OF SUCCESSOR TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust Note dated January 30, 2009, and the Deed of Trust of even date, securing said Deed of Trust Note recorded in Book T246, at Pages 371-384, as Instrument Number 09000409 in the Register’s office for Johnson County, Tennessee, executed by, WILLIAM E NEELY, HAZEL J NEELY, conveying the certain property described therein and corrected by Scrivener’s Error Affidavit recorded in Book M45, at Pages 446-448, as Instrument Number 18001375, to PRLAP, INC., Trustee, for the benefit of Bank of America, N .A. and to Renee Kammer, having been appointed as Successor Trustee by instrument of record in the Register’s office for Johnson County, Tennessee in Book T310, at Pages 717-720, as Instrument Number 18002377. WHEREAS, the owner and holder of the Deed of Trust Note has declared the entire indebtedness due and payable and demanded that the hereinafter described real property be advertised and sold in satisfaction of indebtedness and costs of foreclosure in accordance with the terms and provisions of the Deed of Trust Note and Deed of Trust. NOW, THEREFORE, notice is hereby given that an agent of Renee Kammer, as Successor Trustee, pursuant to the power, duty and authority vested in and conferred upon said Successor Trustee, by the Deed of Trust, will on January 4, 2019 at 1:00 p.m. at the front door of the Johnson County Courthouse in Mountain City, Tennessee offer for sale to the highest bidder for cash, and free from all legal, equitable and statutory rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other exemptions of every kind, all of which have been waived in the Deed of Trust, certain real property located in Johnson County, Tennessee, described as follows: BEGINNING ON AN IRON PIN SET IN A FENCE AND IN THE LINE OF CRETE MOSIER AND BEING THE EXTREME NORTHEAST CORNER OF THE TRACT OR PARCEL HEREIN CONVEYED; THENCE, RUNNING THE LINE OF MOSIER, SOUTH 09°, 28’ EAST, 188.62 FEET TO A POINT IN THE GENERAL CENTER OF THE HAWKINS ROAD; THENCE, RUNNING ONE LINE WITH THE GENERAL CENTER OF THE HAWKINS ROAD, SOUTH 88°, 03’ WEST, 108.90 FEET TO A NAIL IN THE CENTER OF THE SAID ROAD; THENCE, LEAVING SAID ROAD AND A PARTITIONING LINE NORTH 00°, 54’ WEST, 172.32 FEET TO AN IRON PIN SET; THENCE, A SECOND DIVISIONING LINE, NORTH 77°, 46’ EAST, 82.40 FEET BACK TO THE POINT OF BEGINNING, CONTAINING .39 ACRES, BE THE SAME, MORE OR LESS. THE AFORESAID DESCRIPTION BASED UPON A SURVEY OF THE SAID PROPERTY CONDUCTED FEBRUARY 1, 1984 BY THOMAS TODD GRAYSON, TENNESSEE REGISTERED LAND SURVEYOR NO. 1346, A PLAT OR PLAN OF THE SAME HAVING BEEN PREPARED AND FILED AS THE LAST PAGE TO THIS INSTRUMENT AS AN EXHIBIT TO WHICH REFERENCE IS HAD AND MADE FOR MORE DETAILS OF DESCRIPTION AND UNDERSTANDING OF SAME. EXCEPTING AND RESERVING FROM THE AFORESAID TRACT OR PARCEL OF LAND IS ANY PART OR PORTION THEREOF WHICH CONSTITUTES THE HAWKINS ROAD AN D/OR ANY PORTION OF THE PUBLIC ROAD OF JOHNSON COUNTY, TENNESSEE. THIS IS A PART OF PORTION OF PROPERTIES OWNED BY THE LATE JOSEPH O. NEELY, WHO DIED INTERSTATE IN JOHNSON COUNTY, TENNESSEE IN APPROXIMATELY 1919, SURVIVED BY SIX CHILDREN, NAMELY: WALTER NEELY, CRETE NEELY MOSIER, WILLIAM S. NEELY, DELLA NEELY, JAMES O. NEELY, AND SAMUEL V. NEELY, THEY BEING THE SOLE SURVIVING HEIRS AND NEXT OF KIN TAKING SAID PROPERTY UNDER THE LAWS OF DISTRIBUTION OF THIS STATE. THE AFORESAID REPRESENTS THE SOLE LIVING HEIRS AND NEXT OF KIN OWNING ANY INTEREST IN PROPERTY OF THEIR LATE FATHER, IT BEING RECOGNIZED THAT THERE WERE THREE CHILDREN, NAMELY: WALTER NEELY, WILLIAM S. NEELY, AND DELLA NEELY, ALL OF WHICH SURVIVED THEIR FATHER BUT DIED INTESTATE, NEVER MARRIED, AND WITHOUT ISSUE, LEAVING AT THE TIME OF THE EXECUTION OF THE DEED FROM WALTER NEELY ET AL TO SAMUEL V. NEELY, THE SIX PARTIES BEING THE SOLE PARTIES IN OWNERSHIP OF ANY INTESTATE RIGHTS TAKING THROUGH THEIR FATHER. IT IS FURTHER UNDERSTOOD THAT JOSEPH O. NEELY OBTAINED OR ACQUIRED HIS TITLE FROM A PARTY BY THE NAME OF ARNOLD, WITH SAID DEED BEING FILED FOR RECORD IN THE REGISTER’S OFFICE OF JOHNSON COUNTY, TENNESSEE, TO WHICH REFERENCE IS HAD AND MADE. More Commonly Known As: 823 HAWKINS ROAD, LAUREL BLOOMERY, TN 37680 Said sale shall be held 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; to any matter that an accurate survey of the premises might disclose; and subject to, but not limited to, the following parties who may claim an interest in the above-referenced property: none. The following individuals or entities have an interest in the above-described property: (1) William E Neely (2) The Unknown Spouse of William E Neely (3) Hazel J Neely, (4) The Unknown Spouse of Hazel J Neely, (5) Occupants/Tenants of 823 Hawkins Road, Laurel Bloomery, TN 37680. To the best of the 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 pursuant 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 Successor Trustee will announce the postponement on the date and at the time and location of the originally scheduled sale. This is an attempt to collect a debt, and any information gathered in connection herewith will be utilized for that purpose. DATED this 5th day of December, 2018 Prepared by: Renee Kammer Marinosci Law Group, P.C. 50 Peabody Place, Suite 255 Memphis, TN 38103 Renee Kammer Successor Trustee Newspaper Insertion Dates: December 12, 2018; December 19, 2018; December 26, 2018
