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PrintNOTICE OF FORECLOSURE
WHEREAS, by Deed of Trust dated January 23, 2004, of record in Record Book 53, page 716, Register's Office of Cannon County, Tennessee, MARK A. CATES AND CATHIE M. CATES, HUSBAND AND WIFE, did convey unto T. MIKE ESTES, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and
WHEREAS, by Deed of Trust dated July 14, 2008, of record in Record Book 112, page 365, Register's Office of Cannon County, Tennessee, MARK A. CATES AND CATHIE M. CATES, HUSBAND AND WIFE, did convey unto T. MIKE ESTES, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and
WHEREAS, WYATT BURK was appointed Substitute Trustee by Appointment of Substitute Trustee of record in Record Book 131, page 292, and Record Book 131, page 291, Register's Office of Cannon County, Tennessee; and
WHEREAS, the said real estate described in said Deeds of Trust is as follows:
Situate in the Second (2nd) Civil District of Cannon County, Tennessee, being a tract of land bounded on the North and West by the lands of Joe L. Reedy, deceased, on the East by the lands of Russell E. Tate, on the South and East by the lands of Jackie Reedy, and being on the North side of Hollis Creek Road located between Jim Bugg Road and Preston Hollow Road.
BEGINNING at a point in the center of said Hollis Creek Road at the prolongation in a Southerly direction of the westerly line of a tract of land conveyed by Helen T. Reedy, widow to Jackie Reedy, et ux in Record Book 2, Page 371, R.O.C.C.TN.; thence based on the magnetic meridian determined in 2002; along the center of said Hollis Creek Road as presently paved, N 69º 11' 15" W 77.62 feet to a nail set in the said pavement; thence continuing along the center of the said Hollis Creek Road, as presently paved, N 63º 07' 29" W 85.86 feet to a nail set in the said pavement; thence continuing along the center of the said Hollis Creek Road, as presently paved, N 60º 45' 56" W 244.41 feet to a nail set in the said pavement; thence continuing along the center of Hollis Creek Road, as presently paved, N 62º 04' 04" W 133.91 feet to a point; thence leaving said road near and Southerly of the Southerly line of the said Joe L. Reedy, deceased, described as being tract No. 2 containing 41 acres, more or less conveyed by Jesse W. Reedy, et al by deed recorded in Deed Book 97, Page 308, R.O.C.C.TN. The said Southerly line of lands of Joe L. Reedy, deceased, is further described as being near a Westerly line of a tract of land containing 25 acres, more or less, conveyed to Cecil A. Reedy, et ux by Joe L. Reedy, et al by deed recorded in Deed Book 65, Page 314, R.O.C.C.TN. This course passes over an iron pin set at the South end of a wire fence 29.64 feet from the 5th corner of the herein described tract and in part along the said fence near to and Southerly of a gravel driveway N 77º 53' 26" E a total of 157.25 feet to an iron pin set at an angle in the said fence; continuing along the said wire fence Easterly of the said 41 acre tract N 09º 49' 59" E 87.59 feet to an iron pin set at an angle in the said fence at a 16 inch elm tree; thence continuing along the wire fence S 88º 36' 42" E 16.08 feet to an iron pin set at an angle in the fence at an 8 inch mulberry tree; thence continuing along the said wire fence and Easterly of the easterly bank of a gully N 26º 36' 00" E 114.93 feet to an iron pin set in the line of said wire fence; thence continuing along said wire fence and Easterly of the bank of said gully N 45º 10' 50" E 174.44 feet to an iron pin set in the line of said wire fence; thence continuing along the said wire fence and Easterly of the bank of the said gully N 48º 23' 44" E 100.68 feet to an iron pin set in the line of said wire fence; thence continuing along the wire fence and Easterly of the gully N 45º 34' 33" E 106.55 feet to an iron pin in the wire fence; thence continuing with the wire fence and Easterly bank of the gully N 40º 09' 59" E 149.16 feet to a nail set in the root of a tree; thence continuing along the wire fence and Easterly bank of the gully N 28º 05' 04" E 191.34 feet to an iron pin set in the line of the said wire fence; thence continuing along the wire fence and Southerly bank of the gully N 64º 41' 33" E 169.38 feet to an iron pin set in the line of the wire fence at an 8 inch white oak tree; thence along the wire fence and Southerly bank of the gully N 80º 28' 26" E 116.20 feet to a nail set in the base of a tree in the line of said wire fence; thence continuing along the wire fence and Southerly bank of the gully S 81º 02' 49" E 121.47 feet to a nail set in the root of a 30 inch hickory tree in the line of said wire fence; thence continuing along the wire fence and bank of the gully S 89º 13' 48" E 116.49 feet to an iron pin set at an 8 inch pin oak tree in the line of the wire fence; thence continuing along the wire fence and bank of gully N 70º 35' 02" E 130.94 feet to an iron pin set at an 8 inch elm tree in the line of the wire fence; thence continuing along the wire fence and the Southerly line of the 41 acre tract S 53º 26' 05" E 48.54 feet to an iron pin set at a 24 inch white oak tree in the line of the wire fence; thence continuing along the wire fence and Southerly line of the 41 acre tract S 88º 42' 56" E 277.18 feet to an iron pin set at a corner fence post in the westerly line of a tract containing 49.095 acres of Tate by Record Book 3, Page 269, R.O.C.C.TN.; thence along the Westerly line of Tate generally with a wire fence S 06º 21' 08" W 392.83 feet to an iron pin set at an angle point at a 14 inch hickory tree; thence continuing along the Westerly line of Tate generally a wire fence S 28º 14' 11" W 639.47 feet to an iron pin set near a tall iron pipe at the NE corner of a 4.15 acre tract of Jackie Aaron Reedy by Deed Book 141, Page 155, R.O.C.C.TN. said iron pin is N 28º 46' 20" E 421.68 feet from an iron pin at the SE corner of the said 4.15 acre tract in the dividing line of the lands of Tate on the Northerly side of Hollis Creek Road; thence along the Northerly line of said 4.15 acre tract and the Northerly line of Jackie Reedy N 69º 28' 13" W 500.47 feet to an iron pin set near a tall iron pipe, a marker; thence along the Northerly line of Reedy N 69º 28' 24" W 151.44 feet to an iron pin set at the NW corner of this tract; thence along the Westerly line of said tract parallel with the Easterly course of the 4.15 acre tract and passing over an iron pin set at 404.48 feet S 28º 46' 42" W a total of 424.10 feet to the point of beginning, containing 22.97 acres, more or less, according to survey Eugene J. O'Neal, R.L.S. #1852, 533 Rily Ave. Smithville, TN 37166 on August 26, 2002.
For source of title to said realty reference is made to Warranty Deed from Dale Bush, et ux et al to Mark A. Cates and wife, Cathie M. Cates, dated January 23, 2004 and recorded on January 23, 2004 in Record Book 53, Page 712, Register's Office, Cannon County, Tennessee.
THIS property is subject to and includes any and all lawful easements, set-back lines, restrictions, etc. of record and applying to the within described property and to the zoning regulations of the appropriate governmental body.
WHEREAS, FARM CREDIT SERVICES OF MID-AMERICA, FLCA is the owner and holder of the notes secured by said Deeds of Trust hereinabove referred to; and
WHEREAS, said Deeds of Trust were made to secure the payment of notes therein set out and contained the power to sell in the case of default in the payment of said notes and interest at maturity; and
WHEREAS, the makers of said notes have defaulted in the payments thereof, and the owner and holder of said notes has declared the entire amounts due and payable and has requested the undersigned to foreclose said Deeds of Trust according to their terms in order to collect said notes.
NOW, THEREFORE, I, the undersigned WYATT BURK, SUBSTITITE TRUSTEE will, in accordance with the terms set out in the Deeds of Trust above referred to, on May 4, 2011, at 11:00 A.M., CST, at the door of the Cannon County Courthouse, offer for sale and sell the above-described real estate at public auction to the highest and best bidder for cash in bar of equity of redemption and free from homestead and dower, all in accordance with the provisions of said Deeds of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding real estate taxes; any applicable easements and restrictions; and prior liens or mortgages, if any
Other interested parties: n/a
The right is reserved to adjourn the day of the 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.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said Deeds of Trust. Said Deeds of Trust are made a part hereof as if copied verbatim herein.
This sale of the Property shall be subject to any and all taxes, easements, restrictions, building lines, and assessments (plus penalty and interest, if any), and any redemptive rights of any governmental agency, State or Federal (including redemptive rights of any taxing authority by reason of any tax liens), plus any and all other matters and encumbrances superior in right to the lien of the Deeds of Trust, as well as any priority created by fixture filing, and any applicable City and/or County zoning ordinances as now affect or as may later affect the parcel.
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 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 TCA §35-5-117 have been met".
The address of the property is believed to be 3643 Hollis Creek Road, 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. This property is further identified as being MAP 052 AND PARCEL 10.00 on the records of the Tax Assessor of Cannon County, Tennessee.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 1st day of April, 2011.
Wyatt Burk, Substitute Trustee
BOBO, HUNT, WHITE & NANCE
111 W. Side Square
Shelbyville, Tennessee 37160
(931) 684-3327
ATTORNEYS FOR SUBSTITUTE TRUSTEE
To be published 4-11, 4-18 & 4-25, 2011
NOTICE TO CREDITORS
Estate of
KENNETH A. MARX, SR.
Notice is hereby given that on the 19th day of April, 2011, letters testamentary in respect of the estate of Kenneth A. Marx, Sr. 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 publication of this notice, otherwise their claims will be forever barred.
This 19th day of April, 2011.
LYNN MARX
Executrix of the estate of Kenneth A. Marx, Sr., deceased
Bobby Smith, County Clerk
Mark A. Polk, Attorney
2t-April 26, May 3
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., June 14 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, 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
