NOTICE OF FORECLOSURE SALE (400 South Central Avenue, Humboldt Tennessee) WHEREAS, on August 25, 2003, Moore Agricultural Products Company, Inc., a California Corporation, executed that certain Deed of Trust with Security Agreement and Assignment of Rents and Leases (includes fixture filing under Uniform Commercial Code) (the ATrust Deed@) in favor of PRLAP, Inc., a Texas Corporation with offices in Nashville, Tennessee as Trustee, to secure a promissory note described therein, the same being payable to Bank of America, N.A., a national banking association with said Trust Deed being of record in Record Book 765 Page 359 on August 28, 2003 in the Register=s Office of Gibson County, Tennessee, to which reference is hereby made; and WHEREAS, on February 2, 2005, the parties modified and amended the Trust Deed by signing and recording that certain Modification and Amendment of Deed of Trust with Security Agreement and Assignment of Rents and Leases being of record in Record Book 846 Page 281 on March 19, 2005 in the Register=s Office of Gibson County, Tennessee; and WHEREAS, effective November 8, 2011, Bank of America, N.A. did assign the Trust Deed to INXS V, LLC, a Florida Limited Liability Company by that certain Assignment of Deed of Trust of record in Record Book 964 Page 2363 on April 9, 2012 in the Register=s Office of Gibson County, Tennessee; and WHEREAS, effective September 25, 2012, INXS V, LLC did assign the Trust Deed to Happy State Bank, a Texas banking association by that certain Assignment of Deed of Trust of record in Record Book 970 Page 590 on October 22, 2012 in the Register=s Office of Gibson County, Tennessee; and WHEREAS, Happy State Bank is the owner and holder of the aforesaid loan and promissory note, secured by the Trust Deed; and WHEREAS, the said Trustee, was unable to act as Trustee under the Deed of Trust, and I, Jerry P. Spore have been appointed Substitute Trustee by the owner and holder of the Note by an instrument of record in Record Book 976, Page 1697 in the Register’s Office for Gibson County, Tennessee; and WHEREAS, default has been made in the payment of the Note; and WHEREAS, this property is encumbered by liens or claims of lien filed by the State of Tennessee, Tax Enforcement Division, in the Register’s Office of Gibson County, Tennessee, in Record Book 899 Page 1587. Notice of Foreclosure Sale has been given to the State of Tennessee, Tax Enforcement Division in accordance with T.C.A. §67-1-1433(b)(1). Sale of this property is subject to the redemption rights of the State of Tennessee as provided for in T.C.A. §67-1-1433(c)(1). WHEREAS, the owner and holder of the Note has 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 Note and Deed of Trust. NOW THEREFORE, notice is hereby given that I, Jerry P. Spore, Substitute Trustee, pursuant to the power, duty and authority vested in and conferred upon me, by the Deed of Trust, will on Monday, July 1, 2013, at 11:00 a.m. o’clock on the front steps of the Gibson County Courthouse in Trenton, 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 Gibson County, Tennessee, described as follows: Map: 170J Group: J Parcel: 001.00 BEGINNING on a point in the east margin of 15th Avenue, which point is the southwest corner of Humboldt Cotton, Inc., as recorded in Deed Book 495, Page 830, Register’s Office of Gibson County, Tennessee, and the northwest corner of the herein described tract; thence, from the point of beginning and with the south line of Humboldt Cotton, LLC S 88º 55’ 08” E 427.39 feet to a point in the centerline of a ditch; thence, with the centerline of said ditch the following calls: S 14º 35’ 00” E 440.66 feet; S 27º 25’ 00” W 166.80 feet to a point in the west line of Warmath Communications, Inc., as recorded in Deed Book 519, Page 286, Register’s Office of Gibson County, Tennessee; thence, with the west line of Warmath Communications, Inc., S 2º 15’ 00” E 398.00 feet to a point in the east margin of G.M.& O. Railroad; thence with the east margin of G.M.& O. Railroad, N 38º 30’ 00” W 776.93 feet to a point in the east margin of G.M.& O. Railroad, N 38º 30’ 00” W 776.93 feet to a point in the east margin of 15th Avenue; thence, with the east margin and 15th Avenue, N 1º 00’ 37” E 372.31 feet to the point of beginning, containing 7.494 acres, according to survey of Tony M. Reasons, RLS 508, dated July 11, 2003. BEING the same property conveyed to Moore Agricultural Products Co., Inc., by Special Warranty Deed of record in Record Book 765, Page 357, in the Register’s Office of Gibson County, Tennessee The street address is 400 South Central Ave, Humboldt, Tennessee 38343. All right and equity of redemption, statutory and otherwise, homestead and dower, are expressly waived in the said Deed of Trust. Title is believed to be good, but the Trustee will make no covenant of seisin, marketability of title or warranty of title express or implied and sell and convey only as Substitute Trustee. The property shall be sold AS IS, WHERE IS AND WITH ALL FAULTS and without any representations or warranties of any kind whatsoever, whether express or implied The sale of the property shall be made subject to any and all prior liens, encumbrances, deeds of trust, easements, restrictions, building lines, unpaid taxes and assessments (plus penalty and interest, if any) and matters of record, plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust. Further, such sale is also subject to any matter that on site inspection or accurate survey of the property might disclose. The right is reserved to adjourn the day of sale to another day certain without further publication, upon announcement at the time set forth above. INTERESTED PARTIES: Tennessee Department of Revenue Andrew Jackson State Office Building 500 Deaderick Street Nashville, TN 37242 See Record Book 899 Page 1587 JERRY P. SPORE Substitute Trustee Spragins, Barnett & Cobb, PLC 312 E Lafayette Jackson, TN 38301 (731) 424-0461 Publication dates: June 12, 2013 June 19, 2013 June 26, 2013 mmm
STATE OF TENNESSEE PROBATE COURT OF GIBSON COUNTY AT TRENTON, TENNESSEE NOTICE TO CREDITORS TCA 30-2-306 Estate of: MARJORIE U. BOND DOCKET: 20875P Notice is hereby given that on the 6th day of JUNE, 2013, Letters TESTAMENTARY in respect of the estate of MARJORIE U. BOND, deceased, who died 02/22/2013, were issued to the undersigned by the Probate Court of Gibson County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against the estate are required to file same with Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claiims will be forever barred: (1) (a) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) Months from the date of the first publication (or posting); or (b)Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (40 months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This 6th day of JUNE, 2013. Signed: Bonnie Bond Cagle, Administratrix Estate of MARJORIE U. BOND Shonna Smith, Clerk & Master BY: Paula Hudson, DCM J. Gilbert Parrish, Jr. 60 Brazelton St., Unit #9 Savannah, TN 38372 mmm