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Notice of Trustee Childers 05/29/15

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NOTICE OF
TRUSTEE'S SALE

WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated March 21, 2007, and the Deed of Trust of even date securing the same, recorded April 4, 2007, in Book No. 257, at Page 273, in Office of the Register of Deeds for Lawrence County, Tennessee, executed by James A. Childers and Judy K. Childers, conveying certain property therein described to Mark A. Rossek as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Advanced Financial Services, Inc., its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P..
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P., will, on June 15, 2015 on or about 11:00 AM, at the Lawrence County Courthouse, Lawrenceburg, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Lawrence County, Tennessee, and being more particularly described as follows:
TRACT 1: Lying and being in the 6th Civil District of Lawrence County, Tennessee, more fully described as follows:
Being Tract 20, as shown on plat of BPH DEVELOPMENT, LLC PROPERTY, of record in Plat Cabinet B, Slide 83, ROLCo., Tennessee, to which reference is hereby made for a more complete description.
TRACT 2: Being and lying in the 6th Civil District of Lawrence County, Tennessee, lying south of Waterloo Road, being more particularly described as follows:
Beginning at an iron pin found, said iron pin being the southwest corner of James Childers as recorded in Record Book 29, Page 373, ROLCo., Tennessee, and being in the north boundary of BPH Development, LLC as recorded in Record Book 18, page 269, ROLCT, thence leaving
Childers with BHP Development south 69 degrees 59 minutes 14 seconds west 126.93 feet to a 10 inch hickory, south 3 degrees 39 minutes 59 seconds east 155.67 feet to an iron pin found.
South 9 degrees 41 minutes 09 seconds east 360.12 feet to an iron pin found, said iron pin being in the north boundary of James Buchanan as recorded in Record Book 15, Page 328, ROLCT, and being the southeast corner of the tract being described; thence leaving BPH Development with Buchanan South 88 degrees 24 minutes 33 seconds west 286.94 feet to an iron pin found, said iron pin being the southeast corner of the Michael Hill, et ux, as recorded in Record Book 59, Page 660, ROLCT, and being the southwest corner of the tract being described; thence leaving Buchanan with Hill North 1 degrees 31 minutes 38 seconds west 964.36 feet to an iron pin set, said iron pin being in the remaining property of BPH Development, LLC as recorded in Deed Book 303, Page 643, ROLCT, and being the northwest corner of the tract being described; thence leaving Hill with a new BPH Development, LLC division line north 89 degrees 15 minutes 40 seconds east 350.44 feet to an iron pin found, said iron pin being the northwest corner of James Childers, and being the northeast corner of the tract being described; thence with Childers south 1 degrees 31 minutes 38 seconds east 406.94 feet to the point of the beginning and containing 6.53 acres, as surveyed by Kenneth Carroll, TRLS 1335, August 9, 2002.
TRACT 3: A certain tract of land lying in the 6th Civil District of Lawrence County, Tennessee, on the waters of Spring Creek, being more fully described as follows:
Beginning at a steel pin at the southeast corner of the lands of BPH Development, LLC, as shown in Deed Book 304, Page 431; thence running with the lands of James Daniel Buchanan as shown in Deed Book 195, Page 375, an agreed line as shown in Record Book 15, Page 328, N87 degrees 01 minutes 36 seconds W 624.87 feet to a steel pin, thence running with a line of division N 5 degrees 39 minutes 44 seconds E 360.12 feet to a steel pin: thence TSI 0 degrees 21 minutes 26 seconds W 155.67 feet to a 10 inch hickory; thence N 74 degrees 00 minutes 39 seconds E 483.29 feet to an 8 inch hickory; thence N 66 degrees 17 minutes 36 seconds E 175.81 feet to a 10 inch cedar; thence S 19 degrees 06 minutes 34 seconds E 432.39 feet to an 8 inch white oak; thence running with a wire fence the lands of Johnny Joe Clifton as shown in Deed Book 253, Page 190, an agreed line, S 28 degrees 34 minutes 36 seconds W 46.82 feet to a 3 inch hickory; thence S 37 degrees 12 minutes 35 seconds W 81.78 feet to a 3 inch sourwood; thence S 25 degrees 54 minutes 46 seconds W 45.50 feet to a 12 inch maple; thence S 23 degrees 49 minutes 54 seconds W 48.35 feet to a 14 inch walnut; thence S 23 degrees 49 minutes 54 seconds W 29.07 feet to the southwest corner of the lands of Johnny Joe Clifton; thence running with the lands of James Daniel Buchanan as shown in Deed Book 195, Page 375, S 23 degrees 49 minutes 54 seconds W 135.22 feet to the point of beginning. Containing 10.125 acres of land more or less.
Tract 4: Lying and being in the 6th Civil District of Lawrence County, Tennessee, more fully described as follows:
Being all of Tracts 21 and 22 as shown on PLAT of BPH DEVELOPMENT, LLC PROPERTY of record in Plat Cabinet B, Slide 83, ROLCo., Tennessee to which reference is hereby made for more complete description.

ALSO KNOWN AS: 594 Childers Lane, Lawrenceburg, TN 38464

This sale is 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; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property:

CHILDERS, JAMES A.
CHILDERS, JUDY K.
INTERNAL
REVENUE SERVICE
TENNESSEE
DEPARTMENT OF REVENUE

On or about December 10, 2010, the United States of America, Internal Revenue Service, filed a federal tax lien against the Defendant, James A. Childers and Judy Watkins, recorded in the Register's Office of Lawrence County, Tennessee, in Book 354, Page 573. On or about May 28, 2010, the United States of America, Internal Revenue Service, filed a federal tax lien against the Defendant, James Childers, recorded in the Register's Office of Lawrence County, Tennessee, in Book 343, Page 443. Any interest in the property held by the United States of America, Internal Revenue Service, by virtue of the aforementioned federal tax lien is both junior and inferior to the interests held by Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P.. Provided, however, that the United States of America, Internal Revenue Service, pursuant to 26 U.S.C. §7425 and 28 U.S.C. §2410(c), shall have one hundred and twenty (120) days from the date of the sale within which to redeem the property by virtue of its tax lien(s) herein by payment of the actual amount paid by the purchaser at the foreclosure sale, plus any amount in excess of the expenses necessarily incurred in connection with such property, less the income from such property, plus a reasonable rental value of such property. As required by 26 U.S.C. §7425(b), the United States of America, Internal Revenue Service has been given timely notice of this action.
On or about December 16, 2009, the State of Tennessee, filed a tax lien against the Defendant, James Childers, recorded in the Register's Office of Lawrence County, Tennessee, in Book 333, Page 101. Any interest in the property held by the State of Tennessee, by virtue of the aforementioned tax lien is both junior and inferior to the interests held by Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P.. Provided, however, that the State of Tennessee, pursuant to Tennessee Code Annotated §67 1 133, shall have one hundred and twenty (120) days from the date of the sale within which to redeem the property by virtue of its tax lien(s) herein by payment of the actual amount paid by the purchaser at the foreclosure sale, plus any amount in excess of the expenses necessarily incurred in connection with such property, less the income from such property, plus a reasonable rental value of such property. As required by law, the State of Tennessee has been given timely notice of this action.
The sale held pursuant to this Notice may be rescinded at the Successor Trustee's option 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.
W&A No. 300114
DATED May 6, 2015

WILSON &
ASSOCIATES, P.L.L.C.,
Successor Trustee
FOR SALE
INFORMATION,
VISIT
WWW.MYFIR.COM and
WWW.REALTYTRAC.COM
F41/3TNP/4273

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