Legal/Public Notices for 02-16-2010
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NOTICE OF SUBSTITUTE TRUSTEE’S SALE

Whereas, by Deed of Trust dated January 28, 2008, recorded in Book/Page 107/404 of the Deed of Trust Records of Cannon County, Tennessee, Tammy L. Floyd, Thomas D. Floyd and April R. Floyd conveyed to Tim Williams, as Trustee, the property situated in Cannon County, Tennessee, to wit:
A certain tract of parcel of land in the 2nd Civil Division of Cannon County, State of Tennessee, as follows:
Beginning at an iron pin, the Northeast corner of this tract, in the West margin of State Route No. 53; Thence proceeding wit the West margin of State Route 53 S 03 deg 15.4 min E 59.97 feet; S 02 deg 38.1 min W 196.32 feet; S 05 deg 55.8 min W 420.10 feet and S 07 deg 53.2 min 42.83 feet to an iron pin, the Southeast corner of this tract; thence proceeding N 80 Deg 30.8 min W 225.51 feet to an iron pin set 25 feet from center of unimproved roadway; thence proceeding with the East margin of said roadway N 07 deg 01.4 min E 160.70 feet; N 10 deg 56.4 min W 64.06 feet, N 30 deg. 29.7 min W 104.34 feet, and N 32 deg 50.9 min W 109.52 feet to a 24” poplar; and continuing along the East margin of said unimproved road N 38105.7 min W. 170.14 feet to a corner with the East margin of a gravel road; thence proceeding with gravel road East margin N 17 deg 40.9 min E 68.90 feet to an iron pin, the Northwest corner of this tract; thence N 80 deg 50 min E 472.26 feet to the beginning, containing 5 acres according to survey of Robert N. Kanter dated July 3, 1988, as well as a 2005 Champion Mobile Home, 21-05-824-12426A/B.
Being the same property conveyed to Thomas D. Floyd and Tammie L. Floyd by Deed of Record in Book 147, page 183, of the Register’s Office, Cannon County, Tennessee,
Property is commonly known as 145 Old Pumphouse Road, Woodbury, TN 37190.
Map/Parcel No: 046-118.00
WHEREAS, the undersigned is the Substitute Trustee as appointed in the aforesaid Deed of Trust by a substitution, said appointment being in the manner authorized by the Deed of Trust; and
WHEREAS, default has occurred under the terms of the Note secured by the Deed of Trust, and the indebtedness evidenced therein is now wholly due, the owner and holder of said indebtedness, 21st Mortgage Corporation, has requested the undersigned Substitute Trustee to sell the Property to satisfy same.
NOW, THEREFORE, notice is hereby given that on Tuesday, March 9, 2010, the substitute trustee will sell the property to the highest bidder for cash. The Trustee’s sale will occur on or about 10:00 a.m. at the front door of the Cannon County Courthouse, 1 Courthouse, Woodbury, TN 37190.
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 than an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Tammy L. Floyd, Thomas D. Floyd and April R. Floyd.
The right is reserved to adjourn the date of the sale to another date or time, and place certain without further publication, upon the announcement at the time and place for the sale set forth above.
Gregory T. Pratt, Substitute Trustee
448 N. Cedar Bluff, Suite 194
Knoxville, TN 37923
972-890-2262
865-381-1215 facsimile
3t-Feb. 16, 23, Mar. 2


NOTICE TO CREDITORS
Estate of Peggy Brown Higgins, deceased.
Notice is hereby given that on the 12th day of February, 2010, letters testamentary in respect to the estate of Peggy Brown Higgins, deceased, were issued to the undersigned by the County Probate Court of Cannon County, Tennessee. All persons or entities, both resident and non-residents, having claims matured and unmatured against said estate are required to file same with clerk of the above-named court within four (4) months of first publication of this notice, otherwise the claims will be forever barred.
This 12th day of February, 2010.

Kimberly A. Fann
Tina M. Graves
Tommy Higgins, II
Co-Executors
Estate of Peggy Brown Higgins, deceased.
Bobby Smith, County Clerk
Richard Northcutt, Attorney
2t-Feb. 16, 23


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 November 20, 2006, executed by Nancy B. Aragon and Charles Aragon, conveying certain real property therein described to Robert M. Wilson, Jr., as Trustee, as same appears of record in the Register’s Office of Cannon County, Tennessee recorded on December 1, 2006 at Book/Instrument No. 92, Page 609-620; 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 25, 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 located in Cannon County, Tennessee, described as follows to-wit:
Being all of Tract Number 1 containing 7.83 acres, more or less acres, of the Randy Vance survey dated December 11, 2000 by Thomason Surveying Company, RLS 1141, recorded in Plat Cabinet 2, Slide 2-16A of the Register’s Office of Cannon County, Tennessee.
Being the same property conveyed to Nancy Aragon from Randy H. Vance and wife, Rita Faye Vance, of Record in Record Book 21, Page 389, Regsiter’s Office for Cannon County, Tennessee, dated November 20, 2001 and recorded December 4, 2001. Nancy Aragon and Nancy B. Aragon are one and the same person.
This conveyance is made subject to any and all zoning regulations, building restrictions, setback lines, if any, easements and rights for public utilities applicable to this property.
PROPERTY ADDRESS: The street address of the property is believed to be 3851 Murfreesboro Road, Readyville, TN 37149. 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): Nancy B. Aragon
OTHER INTERESTED PARTIES:
The Bank of Nashville-401
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
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
Tel: (888) 890-5309
Fax: (423) 296-1882
3t-Feb. 2, 9, 16


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 July 12, 2004, executed by DEBORAH L MCPEAK, conveying certain real property therein described to SWAFFORD AND HAYS as same appears of record in the Register’s Office of Cannon County, on July 22, 2004, as Instrument No. 16894, in Book 61, at Page 334; and WHEREAS, by Appointment of Successor Trustee dated December 20, 2006, Phillip M. Kleinsmith as Successor Trustee and was appointed as same appears of record in the Register’s office of Cannon County, Tennessee on February 16, 2007, as, in Deed Book 95, at Page 313; WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF IXIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-HE4 who is now the owner of said debt; and WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument 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, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on February 22, 2010, 11:00 AM at the Cannon County courthouse door where the foreclosure sales are customarily held At the County Courthouse Square, Cannon County Courthouse, Woodbury, TN, 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: Situated in Woodbury, Cannon County, State of TN and being described as follows: A lot 200 feet by 300 feet, having a West boundary of 200 feet along Lorance Road; a North line of 300 feet along the line of Fred N. Black; an East line parallel to the West line; of 200 feet along the line of Brenda K. Lorance; and a South line of 300 feet, parallel with the North line, 300 feet to the point of beginning, containing 1.4 acres more or less by estimation. There is a right of way extending in a southerly direction along the East lien of this lot to the public road. PROPERTY ADDRESS: The street address of the property is believed to be 91 LORANCE ROAD, 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): DEBORAH L MCPEAK OTHER INTERESTED PARTIES: 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 use or purpose. RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-985-07-03 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (805) 553-6392 TS#:09 -0186011 FEI# 1006.82704
02/02, 02/09, 02/16/2010


SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on February 24, 2010 at 12:00 PM Central Standard Time, at the north door, Cannon County Courthouse, Woodbury, Tennessee pursuant to Deed of Trust executed by SHANNON H. SMOOT, not stated to Brent S. Knight, Trustee, on June 29, 2006 at Book 88, Page 252; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Cannon County Register’s Office.
Owner of Debt: Beneficial Tennessee Inc.
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 the Sixth (6th) Civil District of Cannon County, Tennessee, to wit:
Lot Number Three (3), Academy Heights Subdivision, Town of Woodbury, the plat of which is of record in Plat Book 1, Page 34, Register’s Office, Cannon County, Tennessee, to which plat reference is hereby made for a more particular description of said property.
This lot has a frontage of sixty-three (63) feet on Colonial Street, a depth of one hundred forty (140) feet running northward between parallel lines and a back line of sixty-three (63) feet.
Street Address: 408 West Colonial Street, Woodbury, TN 37190
Current Owner(s) of Property: Shannon H. Smoot
The street address of the above described property is believed to be 408 West Colonial Street, Woodbury, TN 37190, 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
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
6055 Primacy Parkway, Suite 410
Memphis, TN 38119
Phone 901-767-5566
Fax 901-767-8890
File No. 09-022586
3t-Feb. 2, 9, 16


SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated December 21, 1994, executed by ROY LEE WEST AND WIFE, PAMELA J. WEST, to L. Patrick Sandlin, Trustee, of record in Book TD-124, Page 1, as Re-Recorded in Book TD-124, Page 109, in the Register’s Office for CANNON County, Tennessee and to J. PHILLIP JONES, appointed as Substitute Trustee in an instrument of record in the Register’s Office for CANNON County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by Tennessee Housing Development Agency By And Through Its Servicer And Authorized Agent, U.S. Bank, National Association, As Provided In Said Deed Of Trust, I, J. Phillip Jones, will by virtue of the power and authority vested in me as Substitute Trustee, on FRIDAY, MARCH 5, 2010, AT 11:00 A.M., AT THE FRONT DOOR OF THE CANNON COUNTY COURTHOUSE, WOODBURY, CANNON COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in CANNON County, Tennessee, to wit:
Property located in the County of Cannon, Tennessee:
Being all of lot 41, Eastland Heights Subdivision (Deed Book 11, page 180, of the Register’s Office for Cannon County, Tennessee) also known as 222 Hayes Street, Woodbury, located in the 6th Civil District of Cannon County, Tennessee. Bound on the north by a 10’ wide alley; on the east by lot 40, Eastland Heights; on the south by Hayes Street; and on the west by lot 42, Eastland Heights.
Beginning at an iron pin on the north margin of Hayes Street, lying 68.0’ West of the centerline of Summit Street, said pin being the SW corner of lot 40 and the se corner of this lot; thence with the north margin of Hayes Street n 86 degrees 25’-w, 50.00 feet to an iron pin set being the SW corner of this lot; thence with the east line of lot 42 N-05 degrees 53’-E, 150.00 feet to an iron pin being the NW corner of this lot; thence with the south line of the alley S-86 degrees 25’-E, 50.00 feet to an iron pin set being the NE corner of this lot; thence with the west line of lot 40 S-05 degrees 53’-W, 150.00 feet to the pin at the beginning; containing 0.17 acre more or less. According to Robert E. Francis, registered land surveyor, License No. 669, dated December 19, 1994.
Being the same property conveyed to Roy Lee West and wife, Pamela J. West as tenants by the entirety, by deed dated December 21, 1994, of Record in Book 168, page 3, in the Register’s office of Cannon County, Tennessee.
This is improved property known as 222 Hayes Street, Woodbury, Tennessee 37190.
Map 039N Group A Parcel 015.00
The sale of the subject property is without warranty of any kind, and is further subject to the right of any tenant(s) or other parties or entities in possession of the property.
This sale is subject to any unpaid taxes, if any, any prior liens or encumbrances leases, easements and all other matters of record including but not limited to the priority of any fixture filing. If the U.S. Department of the Treasury/ Internal Revenue Service, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Work force Development are listed as interested parties in the advertisement, then the notice of this foreclosure is being given to them, and the sale will be subject to the applicable governmental entities right to redeem the property, all as required by 26 U.S.C. 7425 and T.C.A. 67-1-1433.
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. The trustee/substitute trustee reserves the right to rescind the sale
In the event the highest bidder does not honor the highest bid within 24 hours, the next highest bidder at the next highest bid will be deemed the successful bidder.
Other interested parties: none of record
This is an attempt to collect a debt and any information obtained will be used for that purpose.
This day, January 29, 2010. This is improved property known as 222 HAYES STREET, WOODBURY, TENNESSEE 37190.

J. PHILLIP JONES, Substitute Trustee

J. PHILLIP JONES, Substitute Trustee
SUITE C-205, NASHVILLE HOUSE
ONE VANTAGE WAY
NASHVILLE, TN 37228
(615) 254-4430
3t-Feb. 2, 9, 16


SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated MAY 3, 1996, executed by CLYDE M CURLEE, a married person (joined by his wife, KAREN LYNN CURLEE), to THOMAS F. BAKER, IV, Trustee, of record in Book TD-130, Page 358, in the Register’s Office for Cannon County, Tennessee and to J. Phillip Jones, appointed as Substitute Trustee in an instrument of record in the Register’s Office for Cannon County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by Tennessee Housing Development Agency By And Through Its Servicer And Authorized Agent, U.S. Bank, National Association, as provided in said Deed of Trust, I, J. PHILLIP JONES, will by virtue of the power and authority vested in me as Substitute Trustee, on FRIDAY, MARCH 5, 2010, AT 11:00 A.M., AT THE FRONT DOOR OF THE CANNON COUNTY COURTHOUSE, WOODBURY, CANNON COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in CANNON County, Tennessee, to wit:

Property located in the County of Cannon, Tennessee:
The following described property located in Cannon (6th Civil District) County, Tennessee:
Being all of lot no. 4, Forrest Park Subdivision, Section 2, according to plat and survey appearing of Record in Plat Book 1, Page 44, of the Register’s Office of Cannon County, Tennessee, to which plat reference is here made for complete details of location and description of said lot.
Being the same property conveyed to Clyde M Curlee, a married person, by deed dated May 3, 1996, of record in book 171, page 541, in the Register’s Office of Cannon County, Tennessee.
This is improved property known as 305 West Adams Street, Woodbury, Tennessee 37190.
Map 046B Group A Parcel 011.00
The sale of the subject property is without warranty of any kind, and is further subject to the right of any tenant(s) or other parties or entities in possession of the property.
This sale is subject to any unpaid taxes, if any, any prior liens or encumbrances leases, easements and all other matters of record including but not limited to the priority of any fixture filing. If the U.S. Department of The Treasury/ Internal Revenue Service, The State of Tennessee Department of Revenue, or The State of Tennessee Department of Labor and Work Force Development are listed as interested parties in the advertisement, then the notice of this foreclosure is being given to them, and the sale will be subject to the applicable governmental entities right to redeem the property, all as required by 26 U.S.C. 7425 and T.C.A. 67-1-1433.
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. The trustee/substitute trustee reserves the right to rescind the sale
In the event the highest bidder does not honor the highest bid within 24 hours, the next highest bidder at the next highest bid will be deemed the successful bidder.
Other Interested Parties: Karen Lynn Curlee
This is an attempt to collect a debt and any information obtained will be used for that purpose.
This day, January 29, 2010. This is improved property known as 305 West Adams Street, Woodbury, Tennessee 37190.
J. PHILLIP JONES, Substitute Trustee

J. PHILLIP JONES, Substitute Trustee
SUITE C-205, NASHVILLE HOUSE
ONE VANTAGE WAY
NASHVILLE, TN 37228
(615) 254-4430
3t-Feb. 2, 9, 16


NOTICE TO CREDITORS
Estate of
VILEY ROARK, deceased.
Notice is hereby given that on the 2nd day of February, 2010, letters testamentary in respect of the estate of Viley Roark, deceased, were issued to the undersigned by the County Probate 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 publicaton of this notice, otherwise their claims will be forever barred.
This Feburary 2, 2010.
Debbie McDaniels, Executrix of the
Estate of Viley Roark, deceased
Bobby Smith, County Clerk
William H. Bryson, Attorney
2t-Feb. 9, 16-P


NOTICE TO CREDITORS
Estate of
RANDY HUGH MAHAFFA, deceased.
Notice is hereby given that on the 2nd day of February, 2010, letters of administration in respect of the estate of Randy Hugh Mahaffa, deceased, were issued to the undersigned by the County Probate 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 publicaton of this notice, otherwise their claims will be forever barred.
This Feburary 2, 2010.
Peggy Diane Hamlet
Administratrix
Estate of Randy Hugh Mahaffa, deceased
Bobby Smith, County Clerk
Julia M. Robinson, Attorney
2t-Feb. 9, 16-P
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