Legal/Public Notices for 09-28-2010
Monday, September 27, 2010 7:31 am
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 May 3, 2002, and the Deed of Trust of even date securing the same, recorded May 14, 2002, at Book 28, Page 403 in Office of the Register of Deeds for Cannon County, Tennessee, executed by Steven K. Ruth and Donna L. Ruth, 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 America’s Wholesale Lender and America’s Wholesale Lender’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 October 22, 2010 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 Twelfth Civil District of Cannon County, Tennessee, being more particularly described as follows, to-wit: Being all of Tract Number 29 of Indian Springs, Phase III, according to survey and plat of same appearing of record in Plat Cabinet 2, Slide 2-9, Register’s office of Cannon County, Tennessee, to which plat reference is hereby made for more complete details of location and description.
ALSO KNOWN AS: 2098 Dickens Hill Road, Bradyville, Tennessee 37026
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: Steven K. Ruth; Donna L. Ruth; First National Bank; First National Bank of Manchester, Tennessee; Jeff Young; Capital One Bank; Internal Revenue Service; Middle Tennessee Electric Membership Corporation
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. 1325 108205
DATED September 15, 2010.
WILSON & ASSOCIATES, P.L.L.C., Successor Trustee
By: Shellie Wallace
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
Insertion Dates: September 21, 2010, September 28, 2010, October 5, 2010
TRUSTEE’S NOTICE OF SALE OF REAL ESTATE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, on February 29, 2008, by Deed of Trust of record in Record Book 108, page 337, in the Register’s Office of Cannon County, Tennessee, said instrument being recorded on March 7, 2008, Christopher D. Alexander, did convey in trust unto Roy Nelson Pugh, Wilson County, Tennessee, TRUSTEE, the tract of land hereinafter described, to secure an indebtedness therein described to Liberty State Bank, as evidenced by a promissory note in said Deed of Trust, being incorporated therein by reference; and,
WHEREAS, default has been in the payment of said note, and the entire indebtedness having been declared due and payable as provided in said Deed of Trust and Note, and payment not having been made as demanded, and the holder and owner of said Note has instructed the undersigned Trustee to foreclose said Deed of Trust.
NOW, THEREFORE, by virtue of the authority in me vested, under said instruments, I will, on Tuesday, October 19, 2010, at 10:30 a.m. prevailing time, offer for sale at the west door of the Cannon County Courthouse in Woodbury, Tennessee, to the last, highest, and best bidder for cash in hand, and in bar of all equities of redemption, homestead, and all other rights and exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following described tract of land, the same being situated in the 3rd Civil District of Cannon County, Tennessee, and being described as follows:
Beginning on an iron pin in the Southeast corner of lands herein conveyed, pin being a corner of Rogers and being in the North right-of-way of Reed Hollow Road, thence North 87 degrees 44 minutes 54 seconds West 238.12 feet with the North right-of-way of said Road to an iron pin, a corner of Goins, thence with Goins’ line as follows: North 05 degrees 56 minutes 58 seconds East 111.50 feet to an iron pin, North 88 degrees 17 minutes 53 seconds West 111.50 feet to an iron pin, a corner of Goins and Willis, thence with Willis’ line as follows: North 07 degrees 29 minutes 57 seconds East 95.77 feet to an iron pin by a 24 inch hackberry tree, North 66 degrees 05 minutes 23 seconds West 133.20 feet to an iron pin by an 18 inch elm tree, North 29 degrees 14 minutes 30 seconds East 394.72 feet to an iron pin, thence South 88 degrees 02 minutes 52 seconds East 312.35 feet to an iron pin in the line of Rogers, thence with Rogers’ line as follows: South 03 degrees 39 minutes 13 seconds West 112.97 feet to an iron pin, South 06 degrees 45 minutes 07 seconds West 181.75 feet to an iron pin, South 05 degrees 21 minutes 07 seconds West 314.41 feet to the point of beginning and containing 5.00 acres, more or less, in accordance to a survey conducted by Richard H. Puckett, Registered Land Surveyor No. 225, 4340 Nashville Highway, Dowelltown, Tennessee 37059, Telephone No. (615) 597-7701, on September 5, 2000.
DEED REFERENCE: Being the same lands described in a conveyance from Sandra Alexander to Christopher D. Alexander of record in Record Book 87, page 733, Register’s Office of Cannon County, Tennessee.
Located upon the above-described property and being permanently affixed thereto is the following mobile home which is also conveyed herewith: a 2001 56 x 28 DM997 mobile home, Serial Number DSLAL42540AB.
The above-described property is subject to a Lease Agreement between L. D. Reed and Rena Reed and New Jersey Zinc under date of September 10, 1970, of record in Record Book 4, page 174, Register’s Office of Cannon County, Tennessee.
The above-described property is subject to an Easement to the Town of Woodbury Cannon County Utility Easement under date of August 24, 2007, of record in Record Book 102, page 391, Register’s Office of Cannon County, Tennessee.
The above-described property is subject to a Grant of Transmission Line Easement to TVA from L.D. Reed and wife, Rena Reed, under date of February 28, 1979, of record in Deed Book 114, page 269, Register’s Office of Cannon County, Tennessee.
The above-described property is subject to a Perpetual Easement for water and maintenance, under date of October 1975, of record in Deed Book 100, page 274, Register’s Office of Cannon County, Tennessee.
This property has a street address of: 350 Reed Hollow Road, Readyville, TN 37149.
Said sale will be made for the purpose of paying the indebtedness secured by the above-described Deed of Trust with the proceeds from the sale applied in accordance with the terms of the Deed of Trust.
The Trustee reserves the right to postpone or set over the date of sale in the event the Trustee deems it best for any reason at the time of sale to postpone or continue this sale from time to time, with such notice of postponement as deemed reasonable by the Trustee. In the event the highest bidder at such sale fails to complete his purchase of the subject real property within the applicable time allowed, the undersigned Trustee reserves the right to complete the sale of the subject real property, without further notice of advertisement, to the next highest bidder who is able to consummate his purchase of the property within the time permitted by the Trustee. This sale shall further be subject to any announcements made at the time of the sale.
This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid property taxes which exist as a lien against the property; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any prior liens or encumbrances that may exist against the property. This sale is also subject to any matter that an accurate survey of the premises would disclose.
The property is to be sold “As Is, Where Is,” without representation of warranty of any kind whatsoever, whether express or implied. Without limiting the foregoing, THIS PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
Said sale is subject to any and all unpaid taxes, restrictive covenants, restrictions, easements and setback lines, and any and all prior liens or encumbrances against said property.
The purchaser will assume the payment of any and all unpaid taxes, including, but not limited to the taxes for 2010.
Pursuant to the Fair Debt Collection Practices Act, this is an attempt to collect a debt and all information obtained may be used in any attempt to collect this debt.
DONE in Smithville, Tennessee, this 13th day of September, 2010.
Roy Nelson Pugh, Trustee for Liberty State Bank
BRATTEN HALE COOK II
Attorney for Liberty State Bank
104 North Third Street
Smithville, TN 37166
cc: Christopher D. Alexander - Regular Mail & Certified Mail
350 Reed Hollow Road
Readyville, TN 37149
3t-Sept. 21, 28, Oct. 5
The Town of Woodbury Board of Mayor and Aldermen will meet in regular session
Tuesday, October 5, 2010 at 7:00 PM
at Woodbury City Hall.
The meeting is open to the public.
PROPERTY TAX NOTICE
2010 Property Taxes will be
DUE and PAYABLE
OCTOBER 1, 2010
These taxes can be paid without interest
and penalty until February 28, 2011
Trustee, Cannon County
Phone (615) 563-2282