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Legal/Public Notices for 12-07-2010
Monday, December 6, 2010 6:34 am NOTICE OF FORECLOSURE Default having been made by failure to comply with the terms and conditions of a certain promissory note from AMJ TOOLING SOLUTIONS, LLC to FIRST NATIONAL BANK dated August 15, 2007 and secured by a Deed of Trust dated August 15, 2007 and filed for record on August 16, 2007 in Record Book 102, Pages 103-106, Register’s Office for Cannon County, Tennessee, wherein the property therein described was conveyed to Claus Thormaehlen, Trustee, to secure the indebtedness therein described, the said note being the note hereinabove mentioned, 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 by lender, notice is hereby given that I, Richard A. Northcutt, Trustee, having been appointed as Successor Trustee by instrument of record dated and filed on in Record Book 129, Page 513, said Register’s Office, pursuant to the power, duty, and authority vested in and imposed upon me in the Deed of Trust, having been requested so to do by the lawful owner of said indebtedness, will on Tuesday, December 14, 2010 at 1:00 P.M. at the front entrance of the Courthouse in Woodbury, Cannon County, Tennessee, sell at public outcry to the highest and best bidder for cash, free from the equity of redemption, homestead and dower, and all other exemptions of every kind, all of which are expressly waived in said deed of trust, the following described real estate in Cannon County, Tennessee, together with any and all improvements, tenements, hereditaments and appurtenances, all easements serving or benefiting the property, and any or all fixtures and improvements now or hereafter attached to the property (collectively, the “Property”): SITUATED, lying and being in the Sixth (6th) Civil District of Cannon County, Tennessee fronting 318 feet along the West side of what is known as South College Street of the town of Woodbury the Northeast corner of the lot hereby conveyed being the Southeast corner of the Woodbury Housing Authority lands as described in deed from I. F. Bailey, et us to Woodbury Housing Authority dated May 26, 1972,l and recorded in the Register’s Office of said County in Deed Book 88, Page 176, and more particularly described as follows: BEGINNING at a point in the West margin of said Street 318 feet South of said Woodbury Housing Authority corner and running thence in a Northerly direction along the West margin of said street a distance of of 318 feet to said Woodbury Housing Authority corner; thence in a westerly direction a distance of 412 feet with the South line of said Woodbury Housing Authority lands to a stake; thence in a Southerly direction on a line parallel with said street and the East side of the lot hereby conveyed a distance of 318 feet to a stake; thence in an easterly direction on a line parallel with the North line of the lot hereby conveyed a distance of 412 feet, to the point of beginning. Being the same property conveyed to AMJ TOOLING SOLUTIONS, LLC by deed of record in Record Book 102, Page 101, Register’s Office for Cannon County, Tennessee. The street address of the Property is believed to be: 800 College St., Woodbury, TN 37190, 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. Said sale is or may be subject to any and all unpaid taxes plus penalty and interest, if any; defects, encumbrances, adverse claims and any other matters which take priority over the deed of trust, including rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency; statutory redemption rights, liens, easements, plan of record, set back lines, restrictions, and any other prior claims including, but not limited to, a first mortgage deed of trust to of record in Book , Page , said Register’s Office. This property is to be sold AS IS WHERE IS without 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 OR FITNESS FOR A PARTICULAR USE OR PURPOSE. The right is reserved to adjourn the date of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of 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 successful bid, shall be deemed the successful bidder. RICHARD A. NORTHCUTT, Trustee 3t - Nov. 23, Nov. 30, Dec. 7, 2010 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 April 25, 2007, executed by JAMES JASON SIMMONS AND BRANDI N. SIMMONS (A/K/A Brandi Nichole Simmons), Husband and Wife, to Matt B. Murfree, Trustee, of record in Record Book 97, Page 704, 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, DECEMBER 17, 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: A certain tract or parcel of realty situated in the sixth (6th) civil district of Cannon County, Tennessee, and being more particularly described as follows: Beginning at a Ω’’ rebar (new) in the north margin of Meadow Brook Drive, being a southwest corner of Martha Markum (74-355); thence with the north margin of Meadow Brook Drive S 63 deg. 03’ 19’’ W 75.00’ to a Ω’’ rebar (old), being a owner of Michael Utley (177-357); thence leaving the north margin of Meadow Brook Drive and with a line of Michael Utley (177-357) N 28 deg. 13’ 14’’ W 197.11 to a Ω’’ rebar (old) in a line of Merriman (39-87), being a corner of Michael Utley (177-357); thence with said line of Merriman (39-87) N 63 deg. 03’ 36’’ E 75.01’ to a Ω’’ rebar (new), being a corner of John Higgins (61-293); thence leaving said line of Merriman (39-87) and with a line of John Higgins (61-293) and a line of Martha Markum (74-355) S 28 deg. 13’ 10’’ E 197.11’ to the point of beginning. Containing 0.34 acres, more or less, as surveyed by Alfred M. Bartlett, R.L.S. #762, Bartlett surveying, 214 East Stevens Street, Cookeville, Tn 38501, on March 20, 2006. Included in this conveyance is an easement as shown in Record Book 85, Page 782, Register’s Office for Cannon County, Tennessee. Being the same property conveyed to James Jason Simmons and wife, Brandi N. Simmons, by deed dated April 25, 2007 of Record in Record Book 97, page 701, in the Register’s Office of Cannon County, Tennessee. This is improved property known as 108 Meadowbrook Drive, Woodbury, Tennessee 37190 (a/k/a 108 Meadow Brook Drive, Woodbury, Tennessee 37190). Map 046c Group a Parcel 025.00 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. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. 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 Ttrustee/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, November 19, 2010. This is improved property known as 108 MEADOWBROOK DRIVE, Woodbury, Tennessee 37190 (A/K/A 108 Meadow Brook Drive, Woodbury, Tennessee 37190). J. PHILLIP JONES, Substitute Trustee 1800 HAYES STREET NASHVILLE, TN 37203 (615) 254-4430 3t-Nov. 23, 30, Dec. 7 NOTICE TO CREDITORS Estate of Michael Roy Bogle Notice is hereby given that on the 22nd day of November, 2010, letters of administration or letters testamentary in respect of the estate of Michael Roy Bogle, 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 notice, otherwise their claims will be forever barred. This 22nd day of November, 2010. Martinia Resha Bogle Administratrix of the estae of Michael Roy Bogle, deceased. William H. Bryson, Clerk &Master Susan Melton, Attorney 2t-Dec. 7, 14 TRUSTEE’S SALE WHEREAS, on the 15th day of November, 2002, by deed of trust of record in the Register’s Office of Cannon County, Tennessee in Record Book 35, Page 451, RANDY MAHAFFA and wife, BRENDA MAHAFFA, 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 129, Page 279, in the Register’s Office of Cannon County, Tennessee, and,. WHEREAS, default has been made in the payment of said indebtedness and other provisions of the deed of trust have been violated and WILSON BANK & TRUST, Lebanon, 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 Tuesday, December 28, 2010, in bar of the equity of redemption. The real estate to be sold is located in the Tenth (10th) Civil District of Cannon County, Tennessee and being more particularly described as follows: BOUNDED on the North by lands of James E. Semans, Jr.; bounded on the South by the lands of Garland Keaton; bounded on the East by the lands of Garland Keaton; and bounded on the West by the Sycamore Creek Road, containing 7 acres, more or less. AND BEING the same property conveyed to Randy Mahaffa and wife, Brenda Mahaffa, by Warranty Deed from F. L. Rich and wife, Christine Rich, dated November 15, 2002, and recorded in Record Book 35, Page 449, Register’s Office, Cannon County, Tennessee. 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 December 1, 2010, December 8, 2010 and December 15, 2010. This the 9th day of November, 2010. 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-Nov. 30, Dec. 7, 14 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 March 31, 2005, and the Deed of Trust of even date securing the same, recorded April 19, 2005, at Book 72, Page 63 in Office of the Register of Deeds for Cannon County, Tennessee, executed by Shelia A. Sprosty and Phillip Sprosty, conveying certain property therein described to Wesley D. Turner as Trustee for Long Beach Mortgage Company; 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 January 7, 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 a P.K. nail in the center of the Jimtown Road at the Southeast corner of this tract and the Southwest corner of Ward Pack; thence with the road North 63 degrees 54 minutes 44 seconds West, 41.00 feet; thence North 75 degrees 59 minutes 57 seconds West, 88.11 feet; thence South 84 degrees 11 minutes 16 seconds West, 71.62 feet; thence South 72 degrees 39 minutes 33 seconds West, 93.59 feet; thence South 68 degrees 04 minutes 20 seconds West [99.04] feet; thence South 73 degrees 23 minutes 17 seconds West, 99.05 feet; thence South 80 degrees 10 minutes 24 seconds West, 95.76 feet to a P.K. nail the Southwest corner of this tract; thence leaving the road North 03 degrees 41 minutes 39 seconds West, 723.24 feet to an iron pin at the Northwest corner of this tract; thence North 86 degrees 00 minutes 00 seconds East, 567.88 feet to an iron pin in the fence line at the Northeast corner of this tract; thence to pins in the fence line South 04 degrees 17 minutes 33 seconds East 250.00 feet; thence South 03 degrees 21 minutes 03 seconds East, 359.54 feet; thence South 03 degrees 21 minutes 01 East 75.81 feet back to the point of beginning and containing 8.81 acres more or less. This conveyance is subject to the waterline easement of record in book 171, page 80, and, to any and all other matters as shown of record in the Register’s Office of Rutherford County, Tennessee. ALSO KNOWN AS: 2512 Jimtown Road, Woodbury, Tennessee 37190 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: Shelia A. Sprosty; Phillip Sprosty; Robert Melvin Haynes 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. 702 108552 DATED November 23, 2010. WILSON & ASSOCIATES, P.L.L.C., Successor Trustee By: Shellie Wallace DSaleNoticeTN-Shellie_awoodard_101123_ 808 FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM Insertion Dates: November 30, 2010, December 7, 2010, December 14, 2010 NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, December 16, 2010 at 2:00 p.m. at the Cannon County Courthouse in Woodbury, Tennessee. The purpose of said meeting is to discuss the possibility of applying for a Community Development Block Grant through the Tennessee Department of Economic and Community Development. The hearing is open to the public and active participation is highly encouraged. No person in the United States should, on the grounds of race, religion, color or national origin be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal Assistance. If special need accommodations are required, you may contact the County Executive’s Office at 615-563-2320. MIKE GANNON County Executive NOTICE OF MEETING & PUBLIC HEARING December 14, 2010 PUBLIC NOTICE OF CONTRACT COMPLETION Auburntown/ DeKalb Utility District, Owner B & W Excavating, LLC, Contractor Auburntown/ DeKalb Utility District hereby gives notice to the public of the apparent completion of CDBG Project GG-09-28321-00, with B & W Excavating, LLC for the 2008 CDBG Auburntown Water Line Extension Project. All persons, suppliers, laborers, and any other parties with claims against the contractor related to the recently completed project should contact Roger Turney at Auburntown City Hall, PO Box 8, Auburntown, Tennessee 37016, before Wednesday, December 22, 2010 at which time the project will be closed out subject to any documented claims. NOTICE OF PUBLIC HEARING A public hearing will be held on Wednesday, December 22, 2010 at 2:00 p.m. at the Auburntown City Hall in Auburntown, Tennessee. The purpose of said meeting is to discuss the accomplishments of the 2008 CDBG Auburntown Water Line Extension Project. The hearing is open to the public and active participation is highly encouraged. No person in the United States should, on the grounds of race, color, or national origin be excluded from participation in be denied benefits of, or be subject to discrimination under any program or activity receiving Federal Assistance. If special need accommodations are required, you may contact the Auburntown City Hall. Roger Turney Auburntown Mayor Cannon County Planning Commission Meeting Canceled Due to the holiday season, the Cannon County Regional Planning Commission will not meet for the month of December. The next scheduled meeting is set for Tuesday January 25th, 2011 starting at 6:00 P.M. at the Cannon County Court House. 1t-Dec. 7 Woodbury Municipal Planning Commission Meeting Canceled Due to the Holiday Season, the regular meeting of the Woodbury Municipal Planning Commission will not meet for the month of December. The next regular meeting is scheduled for January 18th, 2011, 6:00 pm, Woodbury City Hall. 1t-Dec. 7 PUBLIC HEARING NOTICE The Woodbury Board of Zoning Appeals will be conducting a Public Hearing for two “Special Exception” items on Tuesday, December 21st, 2010, 1:00 pm at the Woodbury City Hall. The first special exception request is to allow a call in only flower shop in a R-1 residential district located at 209 Lee Ave. The request is by Angie Basham who had Flower Occasions at 112 East Main Street now wishes to work in the basement of her home - all orders will be by phone only-deliveries only as well. The other request is for a “Bed and Breakfast” in a R-1 zoning district located at 210 College Street. The request is from Shelby Schuler who wishes to have a two (2) bedroom Bed and Breakfast establishment out of her home. The Board of Zoning Appeals is seeking public input regarding the two requests. The public is invited to attend. 1t-Dec. 7
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