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Legal/Public Notices for 09-08-2009
Monday, September 7, 2009 11:10 pm SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on September 23, 2009 at 12:00 pm Central Standard Time, at the north door, Cannon County Courthouse, Woodbury, Tennessee pursuant to Deed of Trust executed by Jason Cook and Wife, Wendy Cook to Wesley D. Turner, Trustee, on October 29, 2004 at Book 71, Page 354 and conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Cannon County Register’s Office. Owner of Debt: Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Inc. Asset Backed Pass-Through Certificates, Series 2004-10 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 Fifth (5th) Civil District of Cannon County, Tennessee, more particularly described as follows: Beginning on an iron pin in the South right of way of Smith Road, pin being the Northeast corner of lands herein conveyed and being a corner of Taylor, thence with Taylor’s line as follows: South 04 degrees 36 minutes 46 seconds West 118.73 feet to an iron pin, South 05 degrees 04 minutes 49 seconds West 352.00 feet to an iron pin, South 05 degrees 03 minutes 23 seconds West 314.64 feet to an iron pin, a corner of Taylor and Wilson Cook, thence with the line of Wilson Cook as follows: South 05 degrees 41 minutes 36 seconds West 161.08 feet, North 77 degrees 39 minutes 28 seconds West 492.05 feet to an iron pin, North 07 degrees 33 minutes 27 seconds East 904.54 feet to an iron pin in the South right of way of Smith Road, thence South 82 degrees 26 minutes 33 seconds East 450.05 feet with the right of way of said Road to the point of beginning. Less and Except that portion conveyed in Record Book 23, Page 702, Register of Deeds for Cannon County, Tennessee. Street Address: 163 Smith Road, Bradyville, TN 37026 Current Owner(s) of Property: Jason Cook The street address of the above described property is believed to be 163 Smith Road, 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 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. 09-019487 3t-Sept. 1, 8, and 15, 2009 NOTICE TO CREDITORS Estate of ANNIE M. COX Notice is hereby given that on the 24th day of August, 2009, Letters Testamentary in respect of the estate of Annie M. Cox, deceased were issued to the undersigned by the Chancery 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 noticem otherwise their claims will be forever barred. This 24th day of August, 2009. Nancy H. Young Executrix of the Estate of Annie M. Cox, deceased. Harold, Patrick, Clerk & Master Susan Melton, Attorney 2t-Sept. 1, 8 This Instrument Prepared By: BONE MCALLESTER NORTON PLLC 511 Union Street, Suite 1600 Nashville, Tennessee 37219 FORECLOSURE SALE NOTICE WHEREAS, Penny R. Forstel, by a Deed of Trust dated September 12, 2006, of record in Book 91, page 444, Register’s Office for Cannon County, Tennessee (“Deed of Trust”), conveyed to Jim Evans, Trustee, the hereinafter described real property to secure the payment of certain indebtedness, etc., (“Indebtedness”) as described in said Deed of Trust; and WHEREAS, David M. Anthony and Gregory G. Vick have been appointed Substitute Trustees by GreenBank, successor in interest to Rutherford Bank & Trust, the owner and holder of said Indebtedness, by an instrument of record in Book 121, page 223, Register’s Office for Cannon County, Tennessee, with authority for any one of such Substitute Trustees to act alone or by a Designated Agent with the powers given the Trustee in the Deed of Trust and by applicable law; and WHEREAS, default in indebtedness secured by said Deed of Trust has been made; and WHEREAS, GreenBank, successor in interest to Rutherford Bank & Trust, the owner and holder of said Indebtedness has demanded that the real property be advertised and sold in satisfaction of said Indebtedness and the cost of the foreclosure, in accordance with the terms and provisions of the Loan Documents and Deed of Trust. NOW, THEREFORE, notice is hereby given that one of the Substitute Trustees or a Designated Agent for any one of the Substitute Trustees, pursuant to the power, duty and authority vested in and imposed upon the Trustee in said Deed of Trust and applicable law, will on Monday, September 28, 2009 at 10:00 o’clock a.m., prevailing time, on the steps of the Cannon County Courthouse, Woodbury Public Square, Woodbury, Tennessee, Cannon County, Tennessee, offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory right of redemption or otherwise, homestead, dower, elective share and all other rights and exemptions of every kind as waived in said Deed of Trust, certain real property situated in Cannon County, Tennessee, described as follows: Located in Cannon County Tennessee and being described as follows: Beginning on a pk nail in the center of the Jimtown Road at the SE corner of this tract and the SW corner of Tract No. 1; thence with the road S 86 deg. 32’ 57” W, 91.96 feet, thence S 89 deg. 13’ 25” W, 185.64 feet to a pk nail at the SW corner of this tract; thence leaving the road N 0 deg. 07’ 43” W, 329.46 feet to an iron pin by a cherry tree; thence N 0 deg. 18’ 33” E, 429.73 feet to an iron pin; thence across a hollow N 74 deg. 16’ 22” W, 365.07 feet to an iron pin on the east side of a road; thence N 15 deg. 34’ 58” E, 537.44 feet to an iron pin; thence leaving the road N 65 deg. 44’ 58” E, 39.03 feet to an iron pin; thence across the hollow S 79 deg. 42’ 36” E, 450.06 feet to an iron pin at a fence corner; thence N 3 deg. 18’ 41” W, 806.08 feet to an iron pin on the east side of a road; thence N 3 deg. 18’ 41” W, 52.00 feet to a gully; thence with the gully N 49 deg. 20’ 05” E, 562.07 feet to an iron pin; thence 63 deg. 00’ 09” W, 656.76 feet to an iron pin on a ridge; thence N 13 deg. 48’ 19” W, 415.03 feet; thence N 2 deg. 57’ 27” W, 195.67 feet to an iron pin on the ridge; thence N 75 deg. 47’ 55” E, 268.05 feet to an iron pin by a Walnut tree in the hollow; thence N 75 deg. 47’ 55” E, 353.64 feet to an iron pin on a ridge; thence N 9 deg. 13’ 19” E, 377.12 feet to an iron pin in a fence line on the south side of a road at the NW corner of this tract; thence to pins in the fence line S 85 deg. 20’ 33” E, 266.12 feet; thence S 67 deg. 30’ 29” E, 105.85 feet; thence S 43 deg. 02’ 57” E, 94.60 feet; thence S 33 deg. 29’ 28” E, 92.42 feet; thence S 56 deg. 46’ 02” E, 70.98 feet; thence S 76 deg. 50’ 54” E, 61.16 feet; thence N 78 deg. 42’ 11” E, 83.61 feet; thence N 84 deg. 37’ 30” E, 153.98 feet; thence N 67 deg. 13’ 05” E, 155.13 feet; thence N 51 deg. 36’ 11” E, 130.03 feet; thence S 89 deg. 52’ 52” E, 28.29 feet to an iron pin on the east side of a gate at the NE corner of this tract; thence leaving the road and to pins set in a fence line S 5 deg. 58’ 55” W, 238.69 feet; thence S 8 deg. 50’ 04” E, 203.03 feet; thence S 8 deg. 42’ 04” E, 696.23 feet; thence S 8 deg. 18’ 36” W, 46.23 feet; thence S 21 deg. 56’ 38” E, 133.86 feet; thence S 3 deg. 16’ 48” W, 158.72 feet; thence S 13 deg. 08’ 02” W, 212.46 feet; thence N 64 deg. 03’ 07” W, 244.45 feet; thence N 73 deg. 13’ 50” W, 52.37 feet; thence S 73 deg. 08’ 21” W, 440.26 feet; thence S 54 deg. 46’ 59” W, 146.67 feet; thence S 44 deg. 27’ 36” W, 287.93 feet; thence S 31 deg. 52’ 05” W, 77.76 feet; thence S 44 deg. 37’ 53” W, 160.71 feet; thence S 22 deg. 58’ 04” E, 167.93 feet; thence S 20 deg. 17’ 02” E, 201.94 feet; thence S 1 deg. 37’ 24” W, 385.50 feet; thence S 4 deg. 17’ 33” E, 230.42 feet to an iron pin at the NE corner of Tract No.1; thence leaving the fence S 86 deg. 00’ 00” W, 567.88 feet to an iron pin at the NW corner of Tract No.1; thence S 3 deg. 41’ 39” E, 723.24 feet back to the point of beginning and containing 85.4 acres, more or less, according to survey conducted by Thomas D. Cook, RLS No. 365, on November 1, 1999. Being a portion of the property conveyed to Penny R. Forstel by deed from Peter Forstel appearing of record in Record Book 13, page 10, of the Register’s Office of Cannon County, Tennessee. See also Record Book 2, page 357, said Register’s Office. The street address of the property is believed to be JimTown Road, Woodbury, Cannon County, Tennessee, but such address is not part of the legal description of the property. In the event of any discrepancy, the legal description herein shall control. This property is sold AS IS, WHERE IS AND WITH ALL FAULTS, and without any representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Other interested parties: Penny R. Forstel The right is reserved to (i) delay the sale to another time certain or adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said delay or adjournment on the day and time and place of sale set forth above; (ii) sell the Property at the time fixed by the last postponement or to give new notice of sale; (iii) sell the Property in such lots, parcels, segments, or separate estates as Substitute Trustee may choose; (iv) sell part of the Property and delay, adjourn, cancel, or postpone the sale of the remaining part of the Property; (v) sell the Property in whole and then to sell the Property in parts and to consummate the sale in whichever manner produces the highest sale price; (vi) to sell to the next highest bidder in the event any higher bidder does not comply with the terms of the sale. Substitute Trustee will make no covenant of seisin, marketability of title or warranty of title, express or implied, and will sell and convey the subject real property by Trustee’s Quitclaim Deed as Substitute Trustee only. THIS sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes and assessments (plus penalties, interest, and costs) which exist as a lien against said property; any restrictive covenants, easements or setback lines that may be applicable; any rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any and all prior deeds of trust, liens, dues, assessments, encumbrances, defects, adverse claims and other matters that may take priority over the Deed of Trust upon which this foreclosure sale is conducted or are not extinguished by this Foreclosure Sale. This sale is also subject to any matter that an inspection and accurate survey of the property might disclose. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. THIS 31st day of August, 2009. David M. Anthony, Substitute Trustee BONE MCALLESTER NORTON PLLC 511 Union Street, Suite 1600 Nashville, Tennessee 37219 615/238-6322 CERTIFICATE OF SERVICE I certify that on August 31, 2009, a true copy of the foregoing Foreclosure Sale Notice has been placed in the United States mail, via certified and regular mail, postage pre-paid, to: Penny Forstel 5004 Sulphur Springs Road Murfreesboro, Tennessee 37219 Penny R. Forstel 5086 King Tucks Road Murfreesboro, Tennessee 37129 Penny Forstel JimTown Road Woodbury, Tennessee 37190 3t-Sept. 8, 15, 22 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 March 26, 2007, by Ericka M Davis to Gregg Murphy, Trustee, as same appears of record in the Register’s Office of Cannon County, Tennessee, under Book 97, Page 231, (“Deed of Trust”); and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP; and WHEREAS, BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, 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 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 his duly appointed attorneys or agents, by virtue of the power and authority vested in him, will on Thursday, October 1, 2009, 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: Land in Cannon County, Tennessee, being lots 5, Georgetown Estates, Section 1, as shown on plat of record in Plat Cabinet 2, Slide 2-52, in the Register’s Office, Cannon County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Being same property conveyed to Erika M. Davis by Warranty Deed of Record in Book 97, Page 229, said Register’s Office. PROPERTY ADDRESS: 14 Twin Court, Woodbury, TN 37190 CURRENT OWNER(S): Ericka M Davis 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 PLG Nationwide Trustee Services, Inc. 1587 Northeast Expressway Atlanta, GA 30329 (770) 234-9181 (ext. ) File No.: 432.0928706TN Web Site: www.msplaw.com Insertion Dates: 09/08/2009, 09/15/2009 and 9/22/2009 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 September 26, 2006, by Ryan E. Fortner and Lori J. Fortner to Stones River Title Company, Trustee, as same appears of record in the Register’s Office of Cannon County, Tennessee, under Book 91, Page 22, (“Deed of Trust”); and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to HSBC Bank USA, National Association, As Trustee for the Benefit of The Certificateholders of Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2007-3; and WHEREAS, HSBC Bank USA, National Association, As Trustee for the Benefit of The Certificateholders of Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2007-3, 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 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 his duly appointed attorneys or agents, by virtue of the power and authority vested in him, will on Thursday, October 1, 2009, 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: Beginning on an iron pin in a fence line on the south side of Roach Hollow Road at the SW corner of this tract and the SE corner of tract $# 4; thence leaving the road north 40 deg. 07’ 55” west, 1,318.72 feet to the NW corner of this tract in a fence line; thence with the fence north 06 deg. 40’ 13” east 642.64 feet; thence north 10 deg. 58’ 23” east 164.25 feet to a pin at a fence corner at the NE corner of this tract; thence leaving the fence south 35 deg. 38’ 13” east 1.984 feet to the SE corner of this tract in a fence line on the south side of the road; thence with the fence and the road south 71 deg. 35’ 17” west 191.82 feet; thence south 59 deg. 38’ 36” west 266.49 back to the point of beginning and containing 19.21 acres according to survey conducted by Thomas D. Cook, RLS # 365 dated April 1, 1991. Being the same property conveyed to Ryan E. Fortner and wife, Lori J. Fortner by Warranty Deed dated September 26, 2006 from Donald R. Davis and wife, Nilla Elaine Davis of record in Book 91, page 20 of the Register’s Office for Cannon County, Tennessee. PROPERTY ADDRESS: 771 Roach Hollow Road, Woodbury, TN 37190 CURRENT OWNER(S): Ryan E. Fortner and Lori J. Fortner 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: Mortgage Electronic Registration Systems, Inc., as nominee for Resmae Mortgage Corporation 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 rxk Nationwide Trustee Services, Inc. 1587 Northeast Expressway Atlanta, GA 30329 (770) 234-9181 (ext. ) File No.: 416.0931349TN Web Site: www.msplaw.com Insertion Dates: 09/08/09, 09/15/09, 09/22/09 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 October 1, 2009 at 02:00 PM at the CannonCounty 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, 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, Register`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: Charles Aragon, the Bank of Nashville 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-Sept. 8, 15, 22
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