Legal/Public Notices for 08-09-2011



TRUSTEE'S SALE
WHEREAS, on the 6th day of December, 2003, by deed of trust of record in the Register's Office of Cannon County, Tennessee in Record Book 53, Page 342, DANNY BURGER, conveyed to GENTRY L. BARNES, Trustee, the hereinafter described real estate to secure payment of a promissory note which is fully described in said deed of trust, and,
WHEREAS, the holder of said note and renewal thereof has appointed JAMIE D. WINKLER, Substitute Trustee by instrument of record in Record Book  133, Page 269, in the Register's Office of Cannon County, Tennessee.
WHEREAS, default has been made in the payment of said indebtedness and other provisions of the deed of trust have been violated and DEKALB COMMUNITY BANK, Office of Wilson Bank & Trust, Smithville, Tennessee, the holder of said indebtedness has declared the entire amount due and payable as provided in said deed of trust, and the trustee has been directed to foreclose the deed of trust in accordance with the terms thereof, the public is hereby notified that the undersigned trustee will sell the hereinafter described real estate at public auction, to the highest and best bidder, for cash in hand, at the front door of the Cannon County Courthouse in Woodbury, Tennessee at 1:15 P.M. prevailing time on Friday, August 26,  2011 in bar of the equity of redemption.

The real estate to be sold is located in the Eighth (8th) Civil District of Cannon County, Tennessee and being more particularly described as follows:
Beginning at a pin in the West margin of Smithtown Road and the Southeast corner of the property herein conveyed; thence in a Westerly direction to post of well house offset; thence South 17' 7" to a point; thence West approximately 12' 6" to a point; thence in a Northerly direction 17 feet to a post; thence in a Westerly direction 124 feet to the East boundary line of Sammie Prater property and the Southwest corner of the property herein  conveyed; thence in a Northerly direction approximately 248 feet to a point located in the Northwest corner of the property herein conveyed; thence with the North boundary line of the within described and the South boundary of Davenport approximately 82' 4" to North corner oak tree; thence in a Southerly direction with Davenport's line approximately 129 feet to a pin; thence in an Easterly direction with JoAnn Davenport's property approximately 255' 6" to a pin in the West margin of Smithtown Road; thence continuing with the West margin of Smithtown Road approximately 65' 3" back to the point of BEGINNING, containing one (1) acre, more or less.  
BEING the same lands described in a conveyance from Treva Wilson, Tammy Newby and Lisa Holt to Danny Burger of record in Record Book 26, Page 540-543, Register's Office, Cannon County, Tennessee.
This property has a physical address of 2460 Smithtown Road, McMinnville, Tennessee.
It is agreed and understood that the well which is located on the above-described premises is the source of the water supply to the remaining lands owned by J. C. Burger, et ux, set out in Deed Book 53, Page 57, Register's Office,  Cannon County, Tennessee, upon which a house is located.  Grantors and Grantee agree that Grantors, their heirs and assigns shall be entitled to the uninterrupted use of water from the well.  Grantors and Grantee further agree that Grantee, his heirs and assigns shall retain the right to come upon the premises for the purpose of installing, maintaining, repairing any pumps or water lines leading to the remaining lands owned by J. C. Burger, et ux.
This property is subject to and includes any and all lawful easements, setback lines, restrictions, etc., of record and applying to the within described property and to the zoning regulations of the appropriate governmental body.
This tract of land is not to be developed, used as a building site, nor approved for any type of sewage system unless it is platted and approved by the Cannon County Regional Planning Commission.
This sale is made subject to any and all unpaid real estate, taxes, restrictive covenants, easements, and set back lines, and any and all redemptions and rights of any government agency, state or federal, and any and all other prior liens or encumbrances against said property, if any.
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.
Other Interested Parties:    
NONE
This notice will be published in the CANNON COURIER  on  August 2, 2011, August 9, 2011 and August 16, 2011.
This the 20th day of July, 2011.    
    
Jamie D. Winkler
Substitute Trustee
BELLAR & WINKLER
Attorneys at Law
212 Main Street
P. O. Box 332
Carthage, Tennessee 37030
Phone: (615) 735-1684
3t-August 2, 9, 16


NOTICE OF MEETING AND PUBLIC HEARING

CANNON COUNTY 9-1-1 BOARD OF DIRECTORS

The Board of Directors of the Cannon County 9-1-1 Emergency Communications District will meet at 6:30 p.m., August 9, in the Conference Room of the Stones River Hospital in Woodbury, Tennessee, or such other location as may be posted at the Courthouse, where and which time the Board will consider any matter that may be properly presented.

Meetings of the Board are at the same time and location on the 2nd Tuesday of the months of February, April, June, August, October, and December. A public hearing is held at the June meeting for the purpose of reviewing the budget proposed for the fiscal year that begins July 1.

The public is invited to all meetings.

John Naylor, Chairman
9-1-1 Board of Directors
1t-Aug. 9


SUBSTITUTE TRUSTEE'S SALE
WHEREAS, default having been made in the payment of the debts and obligations secured to be paid by that certain Deed of Trust executed on July 15, 2009, by DAVID B STANLEY to First American Title Insurance Company, Trustee, as same appears of record in the Register's Office of Cannon County, Tennessee, under Book No. 120, Page 658, ("Deed of Trust"); and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Freedom Mortgage Corporation; and
WHEREAS, Freedom Mortgage Corporation, the current owner and holder of said Deed of Trust, (the "Owner and Holder"), appointed the undersigned, Nationwide Trustee Services, Inc., as Substitute Trustee by instrument filed for record in the Register's Office of Cannon County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and
WHEREAS, pursuant to Tenn. Code Ann. § 35-5-117 (i), not less than sixty (60) days prior to the first publication required by § 35-5-101, the notice of the right to foreclose was properly sent, if so required; and
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Owner and Holder, and that the undersigned, Nationwide Trustee Services, Inc., Substitute Trustee, or its duly appointed attorneys or agents, by virtue of the power and authority vested in it, will on Thursday, August 18, 2011, commencing at 12:00 PM at the Main Entrance of the Cannon County Courthouse, 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:
All that certain lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the County of Cannon, State of Tennessee: Tract No 2: Beginning on a fence post and iron pin in Charles Cooper line of the North margin of Highway 96, running thence in a northerly direction with Charles Cooper line 464 feet 6 inches to Giles Cooper line, running thence in an easterly direction with Giles Cooper line 123 feet to an iron pin, running thence in a southerly direction 464 feet 6 inches to a iron pin in the North margin of Highway 96, running thence in a westerly direction with the North margin of said highway 135 feet to a fence post and iron pin, the point of beginning. Being the same premises with Rita C. Stanley by indenture bearing the date of August 6, 2008 and recorded in the Office of the Recorder of Deeds, in and for the County of Cannon, State of Tennessee on August 21, 2008 in Book 113, Page 173 granted and conveyed unto David B. Stanley, his heirs and assigns, in fee. Parcel No. 0031-A-010.00
PROPERTY ADDRESS: 641 Poplar Bluff Road, Auburntown, TN 37016
CURRENT OWNER(S): David B Stanley The sale of the above-described property shall be subject to all matters shown on any recorded plan; 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 any matter that an accurate survey of the premises might disclose.
SUBORDINATE LIENHOLDERS: N/A OTHER INTERESTED PARTIES: N/A 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 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Nationwide Trustee Services, Inc., Substitute Trustee c/o PP Nationwide Trustee Services, Inc. 1587 Northeast Expressway Atlanta, GA 30329 (770) 234-9181 File No.: 451.J1102295TN Web Site: www.jflegal.com
Insertion Dates: 07/26/2011, 08/02/2011 & 08/09/2011

IN THE CIRCUIT COURT FOR CANNON COUNTY, TENNESSEE

JANET ELLEN RYKS,
Plaintiff/Wife,
v.
MARK OWEN RYKS,
Defendant/Husband.

Case No. 670

ORDER GRANTING MOTION TO SERVE BY PUBLICATION
This cause came to be heard on the 23rd day of May, 2011, before the Honorable David M. Bragg, Judge of the Circuit Court for Cannon County, Tennessee, upon Plaintiff's Motion to Serve by Publication. It appearing to the court that the service of process on the Defendant has been returned not found and that the Plaintiff is unsure of the Defendant's current location, the Court finds the Motion is well-taken.
It is, therefore, ordered, adjudged, and decreed that Plaintiff serve the Defendant by publication for four (4) consecutive weeks as required by law.
Entered this the 20th day of June, 2011.
DAVID M. BRAGG, Judge

Approved by Entry:
Robin J. Gordon, BPR 014618
Hannah K. Ayers, BPR 029038
Attorneys for Plaintiff/Wife
Gordon Law Group, PLC
803 18th Avenue South
Nashville, Tennessee 37203
(615) 321-0220
4t-2, 9, 16, 23

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 October 17, 2007, and the Deed of Trust of even date securing the same, recorded October 19, 2007, at Book 104, Page 232 in Office of the Register of Deeds for Cannon County, Tennessee, executed by James O. Wright and Lucy R. Wright, conveying certain property therein described to Mark A. Rosser as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for Home Loan Center, Inc., dba LendingTree Loans, and Home Loan Center, Inc., dba LendingTree Loans' successors and assigns; and the undersigned, Shellie Wallace of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Shellie Wallace 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 will, on August 26, 2011 on or about 3:30 P.M., at the Cannon County Courthouse, Woodbury, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Cannon County, Tennessee, and being more particularly described as follows:
Lying and being in the Thirteenth (13th) Civil District of Cannon County, Tennessee, and beginning on a new iron pin located in the North margin of the right-of-way of Hollow Springs Road; said iron pin being the southwest corner of the property of Grady Parker and the southeast corner of the property herein described; thence with said road South 70 degrees 12 minutes 29 seconds West 16.06 feet to a new iron pin located in the line of the property of Rannie Phillips; thence leaving the road and with the line of Phillips North 30 degrees  25 minutes 04 seconds  West 232.65 feet to a new iron pin, South 64 degrees  51  minutes 43 seconds  West 142.00 feet to a new iron pin located on a corner of the property of Raymond Miller; thence with Miller's line South 73 degrees 19  minutes 29 seconds  West 209.92 feet to an old iron pin located in the East boundary line of other lands of Terry Lester; thence with Lester's line North 35 degrees  56 minutes 57 seconds  West 56.40 feet to a new iron pin located on a corner of the property of the Town of Woodbury, Tennessee; thence with said line North 54 degrees 05 minutes 00 seconds East 120.01 feet to a new iron pin, North 35 degrees 56 minutes 57 seconds West 120.00 feet to an old Iron pin, South 54 degrees 05 minutes 00 seconds West 120.01 feet to a new iron pin located in the East boundary line of other lands of Terry Lester; thence with said line North 35 degrees  56 minutes 57 seconds West 29.97 feet to a new iron pin; thence severing the lands of Lester Deed Book 156, page 153, RO.C.C.T. North 50 degrees 49 minutes 48 seconds East 156.87 feet to a new iron pin, North 7degrees 09 minutes 28 seconds  West 165.94 feet to a new; Iron pin, North 36 degrees 54 minutes 23 seconds East 168.03 feet to a new iron pin located in the South boundary line of the property of Glen Duncan; thence with Duncan's line South 67 degrees 19 minutes 36 seconds East 13.22 feet to an old iron pin located on a corner of the property of Norma Vance; thence with the West boundary line of the property of Vance and then passing a corner of the Property of Grady Parker South 30 degrees 06 minutes 49 seconds East 500.31 feet to a new iron pin; thence continuing with Parker's line South 30 degrees 25 minutes 04 seconds East 234.15 feet to the point of beginning, containing 2.81 acres, more or less, according to a survey Conducted by Tennessee Land Surveying Company, Larry Knott, Tenn. PLS number 968, on August 23-1999 Also Shown as Lot 1, Subdivision of the property of Terry Lester according to plat and survey of record Plat Cabinet 1, page 175, in the Register's Office for Cannon County, Tennessee.
This conveyance-is made subject to all matters shown on plat recorded in Plat cabinet 1, page 175, in the Register's Office for Cannon County, Tennessee.
This conveyance is further made subject to a natural gas right-of-way, easement recorded in Deed Book 170, Page 108, in the Register's Office for Cannon County, Tennessee.
This conveyance is also made subject to an access and utility easement recorded in Deed Book 157, page 92, in The Register's Office for Cannon County, Tennessee.
ALSO KNOWN AS:  5160 Hollow Springs Road, Bradyville, Tennessee 37026
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117.  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:  James O. Wright; Lucy R. Wright
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. 726 196091
DATED July 27, 2011

WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee            
By: Shellie Wallace

DSaleNoticeTN-Shellie_mgrayer_110727_ 910

FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM

Insertion Dates: August 2, 2011, August 9, 2011, August 16, 2011

TRUSTEE'S SALE
WHEREAS, on the 4th day of December, 2007, by deed of trust of record in the Register's Office of Cannon County, Tennessee in Record Book 106, Page 7, JO ANN DAVENPORT, conveyed to RANDALL CLEMONS, Trustee, the hereinafter described real estate to secure payment of a promissory note which is fully described in said deed of trust, and,
WHEREAS, the holder of said note and renewal thereof has appointed JAMIE D. WINKLER, Substitute Trustee by instrument of record in Record Book  133, Page 270, in the Register's Office of Cannon County, Tennessee.
WHEREAS, default has been made in the payment of said indebtedness and other provisions of the deed of trust have been violated and DEKALB COMMUNITY BANK, Office of Wilson Bank & Trust, Smithville, Tennessee, the holder of said indebtedness has declared the entire amount due and payable as provided in said deed of trust, and the trustee has been directed to foreclose the deed of trust in accordance with the terms thereof, the public is hereby notified that the undersigned trustee will sell the hereinafter described real estate at public auction, to the highest and best bidder, for cash in hand, at the front door of the Cannon County Courthouse in Woodbury, Tennessee at 1:00 P.M. prevailing time on Friday, August 26, 2011, in bar of the equity of redemption.

The real estate to be sold is located in the Eighth (8th) Civil District of Cannon County, Tennessee and being more particularly described as follows:
Tract NO. 1:   Bounded on the North by the lands of Nolan Burger a distance of 297 feet; bounded on the East by Blues Hill Road a distance of 150 feet; bounded on the West by lands of Sammie Prater a distance of 129 feet; and, bounded on the South by the lands of Grantors, containing one (1) acre, more or less, and being the Northern portion of a tract of land conveyed  to J. C. Burger, et ux by Deed from John C. Burger, et ux of record in Deed Book 53, Page 57, Register's Office, Cannon County, Tennessee, to which deed and record reference is here made for a more accurate description, the Northeast corner of the lot of land hereby being conveyed being the Northeast corner of the said John C. Burger tract.
BEING the same lands described in a conveyance from Danny Burger to Jo Ann Davenport, of record in Record Book 1, Page 471, Register's Office, Cannon County, Tennessee.
Tract No. 2:   BEGINNING on an iron pin in the West margin of Blues Hill Road at Burger's Northeast corner; running thence in a Northerly direction 165 feet to an iron pin near driveway; thence in a Westerly direction 261 feet to an iron pin in Prater's line; thence in a Southerly direction 200 feet to an iron pin in Burger's line; thence in an Easterly direction with Burger's line 224 feet to the point of Beginning.
Being the same lands described in a conveyance from Danny Hale to Joann Davenport, of record in Record Book 21, Page 567, Register's Office, Cannon County, Tennessee.
This property has a physical address of 2460 Smithtown Road, McMinnville, Tennessee 37110.
This sale is made subject to any and all unpaid real estate, taxes, restrictive covenants, easements, and set back lines, and any and all redemptions and rights of any government agency, state or federal, and any and all other prior liens or encumbrances against said property, if any.
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.
Other Interested Parties:    
NONE
This notice will be published in the CANNON COURIER  on  August 2, 2011, August 9, 2011,  and August 16, 2011.
This the 20th day of July, 2011.    
    
Jamie D. Winkler
Substitute Trustee
BELLAR & WINKLER
Attorneys at Law
212 Main Street
P. O. Box 332
Carthage, Tennessee 37030
Phone: (615) 735-1684
3t-August 2, 9, 16

 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 August 10, 2007, and the Deed of Trust of even date securing the same, recorded August 17, 2007, at Book 102, Page 134 in Office of the Register of Deeds for Cannon County, Tennessee, executed by Terry E. Dyer and Tammy Dyer, conveying certain property therein described to Arnold M Weiss, Attorney as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for Countrywide Home Loans, Inc. and Countrywide Home Loans, Inc.'s successors and assigns; and the undersigned, Shellie Wallace of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Shellie Wallace 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 will, on September 2, 2011 on or about 3:30 P.M., at the Cannon County Courthouse, Woodbury, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Cannon County, Tennessee, and being more particularly described as follows:
Beginning on an iron pin in the West margin of Johnson Town Road, a corner of Dyer, thence with the line of Dyer as follows: North 83 degrees 48 minutes 08 seconds West, 188.04 feet to an iron pin, North 03 degrees 12 minutes 34 seconds East, 131.46 feet to an iron pin, South 83 degrees 26 minutes 51 seconds East, 140.11 feet to an iron pin in the West margin of Johnson Town Road, thence with the West margin of said road as follows: South 25 degrees 32 minutes 00 seconds East, 67.53 feet to the point of beginning and containing 0.50 acres according to a survey by Richard H. Puckett, Registered Land Surveyor, License Number 225, 4340, Nashville Highway, Dowelltown, Tennessee 37059, Telephone 615-597-4626 on November 11, 1996
ALSO KNOWN AS:  739 Johnson Town Road, Smithville, Tennessee 37166
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117.  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:  Terry E. Dyer; Tammy Dyer
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. 726 195154
DATED August  3, 2011

WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
By:  Shellie Wallace
DSaleNoticeTN-Shellie_mgrayer_110803_1144
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM

Insertion Dates: August 9, 2011, August 16, 2011, August 23, 2011