NOTICE OF SUBSTITUTE TRUSTEE`S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated May 13, 2005, executed by TIMOTHY N. THOMAS AND MARILYN J. THOMAS, conveying certain real property therein described to Andrew C. Rambo, as Trustee, as same appears of record in the Register’s Office of Cannon County, Tennessee recorded on May 13, 2005 at Book/Instrument No. 72, Page 671-685; and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP who is now the owner of said debt; and
WHEREAS, the undersigned, Everett L. Hixson, Jr., having been appointed by as Substitute Trustee by instrument to be filed for record in the Register’s Office of Cannon County, Tennessee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Everett L. Hixson, Jr., as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on February 4, 2010 at 02:00 PM at the CANNON County courthouse door where the foreclosure sales are customarily held at the CANNON Courthouse, located in Woodbury, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Cannon County, Tennessee, to wit:
A certain tract or parcel of land located and situated in the Sixth (6th) Civil District of Cannon County, state of Tennessee, bounded and described as follows:
Being all of Lot No. 12 and the Eastern most 33.5 feet of Lot No. 11, Brandon Acres Subdivision, Section III, as per plat of record in plat book 1, page 76, of the Register`s Office of Cannon County, Tennessee, and more particularly described as follows:
Beginning at an iron pin in flag lying at the most northwesterly corner of Lot No. 11; thence north 81 deg. 07 min. East 154.5 feet to a point lying in the westerly margin of Williams Street; thence running with the margin of Williams Street south 03 deg. 29 min. East 100.0 feet to a point in the northerly margin of Bryson Street; thence running with the margin of Bryson Street south 76 deg. 41 min. West 150.0 feet to a point; thence running along the easterly line of what is remaining of Lot No. 11 North 06 deg. 35 min. West 111.25 feet to the point of beginning as per survey of S & I Engineering Company dated January 21, 1990.
PROPERTY ADDRESS: The street address of the property is believed to be 100 Bryson Street, Woodbury, TN 37190. 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): Marilyn J. Thomas, Timothy N. Thomas
OTHER INTERESTED PARTIES: Mortgage Electronic Registration Systems/BAC Home Loan Servicing, LP.
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 applicable; 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 the lender or Substitute 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 expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular us or purpose
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
Everett L. Hixson, Jr., Substitute Trustee
Rubin Lublin Suarez Serrano, LLC
One Park Place, Suite 380
6148 Lee Highway
Chattanooga, TN 37421
Tel: (888) 890-5309
Fax: (423) 296-1882
3t-Jan. 12, 19, 26
SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on February 11, 2010 at 12:00 PM Central Standard Time, at the north door, Cannon County Courthouse, Woodbury, Tennessee pursuant to Deed of Trust executed by John Edward Ellard and wife, Sharon Susan Ellard to Atwood & Moore, Attorneys at Law, Trustee, on November 30, 2006 at Book 92, Page 692; Book 99, Page 444; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Cannon County Register’s Office.
Owner of Debt: The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FHAMS 2007-FA5, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement
The following real estate located in Cannon County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Described property located in Cannon County, Tennessee, and more particularly described as follows:
BEGINNING on an iron pin in the east right-of-way of Perkins Hollow Road, pin being the northwest corner of Tract 7 and being the southwest corner of Tract 6; thence North 80 degrees 54 minutes 39 seconds East 1637.87 feet with the line of Tract 6 to an iron pin in the east line of Ortkiese; thence with the line of Ortkiese as follows: South 76 degrees 29 minutes 46 seconds East 152.45 feet to an iron pin; thence South 73 degrees 37 minutes 39 seconds East 317.30 feet to an iron pin in the west side of an old road, a corner of Ortkiese and Prince; thence with the line of Prince along the center of an old road bed as follows: South 16 degrees 03 minutes 56 seconds East 47.81 feet; South 23 degrees 18 minutes 38 seconds East 103.36 feet to an iron pin; South 25 degrees 23 minutes 20 seconds East 84.76 feet to a point, a corner of Tract 7 and Tract 8; thence with the line of Tract 8 as follows: North 84 degrees 33 minutes 37 seconds West 8.09 feet to an iron pin; thence South 84 degrees 33 minutes 37 seconds West 1983.83 feet to an iron pin in the east right-of-way of Perkins Hollow Road, pin being at the beginning of a curve deflecting left, said curve having a radius of 504.81 feet and central angle of 11 degrees 20 minutes 49 seconds and a chord bearing and distance of North 62 degrees 03 minutes 50 seconds West 99.81 feet; thence with the arc of said curve 99.97 feet to an iron pin; thence North 67 degrees 44 minutes 39 seconds West 121.72 feet to an iron pin at the beginning of a curve deflecting left, said curve having a radius of 48.86 feet and central angle of 75 degrees 54 minutes 52 seconds and a chord bearing and distance of North 29 degrees 35 minutes 55 seconds West 60.11 feet; thence with the arc of said curve 64.74 feet to an iron pin; thence North 08 degrees 10 minutes 13 seconds East 123.00 feet to the point of beginning.
Street Address: 193 Hoot Owl Lane, Bradyville, TN 37026
Current Owner(s) of Property: John E. Ellard and wife, Sharon S. Ellard
The street address of the above described property is believed to be 193 Hoot Owl Lane, Bradyville, TN 37026, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
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.
If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.
This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
Shapiro & Kirsch, LLP Substitute Trustee
Law Office of Shapiro & Kirsch, LLP
6055 Primacy Parkway, Suite 410
Memphis, TN 38119
File No. 09-023818
3t-Jan. 19, 26, Feb. 2
NOTICE TO CREDITORS
Estate of MAURICE DORNAN STEWART
Notice is hereby given that on the 21st day of January, 2010 letters of administration or letters testamentary in respect of the estate ofMaurice Dornan Stewart, deceased, were issued to the undersigned by the County Probate Court of Cannon Court of Cannon County, Tennessee. All persons both resident and non-residents, having claims matured and unmatured against said estate are required to file same with the clerk of the above named court within six months of the first publication of this notice, otherwise their claims will be forever barred.
This 21st day of January, 2010.
DORNA JANE STEWART,
Administratrix of the estate of Maurice Dornan Stewart, deceased.
JAY B. JACKSON, Attorney
Mitchell &Mitchell, Attorneys at Law
2t-Jan. 26, Feb. 2
NOTICE TO CREDITORS
Estate of JAMES B. REED
Notice is hereby given that on the 15th day of January, 2010 letters testamentary in respect of the estate of James B. Reed, deceased, were issued to the undersigned by the Chancery Court of Cannon Court of Cannon County, Tennessee. All persons both resident and non-residents, having claims matured and unmatured against said estate are required to file same with the clerk of the above named court within four months of the first publication of this notice, otherwise their claims will be forever barred.
This 15th day of January, 2010.
CHARLES GWEN REED,
Executor of the estate of James B. Reed, deceased.
SUSAN MELTON, Attorney
2t-Jan. 19, 26
The Town of Woodbury Board of Mayor and Aldermen will meet in regular session,
Tuesday, February 2, 2010 at 7:00 P.M.
at Woodbury City Hall.
The meeting is open to the public.
Harold Patrick, Mayor
NOTICE OF WORKFORCE INVESTMENT ACT PLAN MODIFICATION AVAILABILITY:
The Plan modification will be available February 15, 2010 - March 15, 2010 for public review and comment. The plan explains the activities and services to be available from July 1, 2010 through June 30, 2011 to be provided through the Local Workforce Investment Area Seven (LWIA 7). LWIA 7 includes the following counties: Cannon, Clay, Dekalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith, Van Buren, and White. The plan is available for review on the following website: www.uchra.com
2t-Jan. 26, Feb. 2
STATEMENT OF NON-DISCRIMINATION
Ocoee Foundation CC, LLC, D.B.A. Woodbury Health Center, resolves to be operated in accordance with the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975. This means that our facility will be operated on a completely non-discriminatory basis with regard to race, creed, national origin, handicapping condition or age.
All the facilities and service of the nursing home will be available to all residents on and equal basis. Public areas, public toilets, dining room, therapeutic services and other similar areas will be available to all regardless of race, color, national origin, handicapping condition, or age. In regard to room assignment accomodations, this practice will result in biracial room occupany on a frequent, infrequent or continuing basis depending upon our resident load.
Mrs. Tammy Gaither has been designated as the 504 Coordinator and any complaints or grievances should be filed with her at Woodbury Nursing Center. Complaints and/or grievances must be filed within 180 days after the alleged discrimination. Confidentiality will be maintained to the extent possible.
OCOEE FOUNDATION CC, LLC
d.b.a. Woodbury Health Center