Legal/Public Notices for May 10, 2011
Tuesday, May 10, 2011 4:19 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 June 10, 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 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
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: 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 May 4, 2011
WILSON & ASSOCIATES,
By: Shellie Wallace
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
Insertion Dates: May 10, 2011, May 17, 2011, May 24, 2011
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 May 13, 2005, executed by Timothy N. Thomas and Marilyn J. Thomas, conveying certain real property therein described to Andrew C. Rambo, as Trustee, as same appears of record in the Register's Office of Cannon County, Tennessee recorded May 13, 2005, in Deed Book 72, Page 671-685; 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, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and
WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having been appointed 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, Rubin Lublin Suarez Serrano TN LLC, 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 May 26, 2011 at 02:00 PM at the CANNON County 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 or certified funds only, the following described property situated in Cannon County, Tennessee, to wit: A certain tract or parcel of land located and situated in the Sixth (6th) Civil District of Cannon County State of Tennessee, bounded and described as follows: Being all of Lot No. 12 and the eastern most 33.5 feet of Lot. No. 11, Brandon Acres Subdivision, Section III, as per Plat of record in Plat Book 1, page 76, of the Register`s Office of Cannon County, Tennessee, and more particularly described as follows: beginning at an iron pin in flag lying at the most Northwesterly corner of Lot No. 11; thence North 81 deg. 07 min. East 154.5 feet to a point lying in the Westerly margin of Williams Street; thence running with the margin of Williams Street South 03 deg. 29 min. East 100.0 feet to a point in the Northerly margin of Bryson street; thence running with the margin of Bryson Street south 76 deg. 41 min. West 150.0 feet to a point; thence running along the Easterly line of what is remaining of Lot No. 11 north 06 deg. 35 min. West 111.25 feet to the point of beginning as per survey of S & I Engineering Company dated January 21, 1990.
PROPERTY ADDRESS: The street address of the property is believed to be 100 Bryson Street, Woodbury, TN 37190. 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): Marilyn J. Thomas, Timothy N. Thomas
OTHER INTERESTED PARTIES: BAC Home Loans Servicing, LP and Mortgage Electronic Registration Systems, Inc. as nominee Ownit Mortgage Solutions, Inc. 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 use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB-TAINED WILL BE USED FOR THAT PURPOSE.
Rubin Lublin Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (888) 890-5309 Fax: (404) 601-5846 Ad #12006:
2011-05-03 2011-05-10, 2011-05-17
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 JANUARY 31, 2008, executed by BILLY J. YOUNG, unmarried, to Matt B. Murfree, Trustee, of record in Record Book 107, Page 448, 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, JUNE 3, 2011 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:
Land in Cannon County, Tennessee, being all of Lot No. 34, located in the first addition to the Academy Heights Subdivision, as shown by plat appearing of record in Plat Book 1, Page 41, of the Register's Office of Cannon County, Tennessee.
Being the same property conveyed to Billy J. Young, unmarried, by deed dated January 31, 2008 of record in Record Book 107, Page 446, in the Register's Office of Cannon County, Tennessee.
This is improved property known as 408 Terrace Lane, Woodbury, Tennessee 37190 (a/k/a 408 W. Terrace Lane, Woodbury, Tennessee 37190).
Map 039O group D parcel 029.00
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 trustee/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, April 29, 2011.
This is improved property known as 408 Terrace Lane, Woodbury, Tennessee 37190 (A/K/A 408 W. Terrace Lane, Woodbury, Tennessee 37190).
J. PHILLIP JONES, Substitute Trustee
1800 Hayes Street
Nashville, TN 37203
May 3, 10, 17
NOTICE TO CREDITORS
JAMES B. JERNIGAN
Notice is hereby given that on the 26th day of April, 2011, letters testamentary in respect of the estate of James B. Jernigan 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 26th day of April, 2011.
Bonnie M. Jernigan
Executrix of the estate of James B. Jernigan, deceased
Bobby Smith, County Clerk
Sandra Y. Trail, Attorney
2t-May 3, 10
Notice of Public Hearing
Public Notice M2011-05 May 10, 2011
NOTICE IS HEREBY GIVEN, that the Division of Water Pollution Control, Mining Section, will hold the following public hearing pursuant to Rule 1200-4-5-.06 of the Tennessee Department of Environment and Conservation:
Tuesday, June 28, 2011
7:00 p.m. CDT
Cannon County Courthouse
200 West Main Street
Woodbury, TN 37190
Last Day to Submit Written Comments for Hearing Record: July 13, 2011
The Department will receive public comments concerning the proposed issuance of an NPDES permit to the following applicant:
Company Information Site Information
Mr. M. Jason Wells Community Stone
Wells Group, Inc. Draft NPDES Permit TN0069558 (New)
P.O. Box 732 1327 John Bragg Highway
Manchester, TN 37355 Woodbury, TN 37190
The hearing was requested by the applicant in response to interest and concerns within the local community about the proposed site. The purpose of the hearing is to gather information from the public relevant to a final decision on the permit application. Comments not related to water quality or to the information contained in the permit application will not be considered in the decision-making process. Issues such as zoning, blasting, noise, dust, and traffic are not water-quality related and are not regulated by the Division or the NPDES program; therefore, consideration of these issues would not contribute relevant information to the decision-making process for the NPDES permit application.
The hearing officer may limit oral presentations to five minutes and require that all testimony be relevant to water quality-related issues for the proposed facility. Undue repetition in oral presentations should be avoided so that all interested parties will have an opportunity to present their concerns relative to water quality issues. Written testimony will be accepted at the hearing and until July 13, 2011.
The draft permit was announced in Public Notice M2011-04A on April 21, 2011.
The site is located at 35º49’15” North latitude and 86º05’15” West longitude. The application proposes an affected area of 12.8 acres, with discharges to be monitored at Outfall 001. The proposed drainage controls for the NPDES permit application include berms and ditches to direct all runoff to a settling pond within the quarry pit. The pond is designed for the volume of runoff expected from a 10-year/24-hour storm. Any overflow will be contained within the pit. Discharge to the adjacent East Fork Stones River will only occur as needed to maintain the storage volume in the pond, with the site designed to operate as a "no discharge" system.
Outfall 001 is located on East Fork Stones River near mile 44.5 in Cannon County, Tennessee. The Division has determined that this stream is "Exceptional Tennessee Waters" due to the presence of the Brawley's Fork Crayfish, which is state-listed as endangered. In a Notice of Determination dated March 24, 2011, the Division found that discharges from the site would not degrade the stream, even during a "worst-case scenario" of a pumped discharge when the stream was at its lowest flow. Please see the Notice of Determination for additional details.
Interested persons may obtain additional information and copy the application, draft permit, and supporting documentation from the permit file maintained at the Mining Section's office at the letterhead address. The application can also be made available, upon request, at the nearest Environmental Field Office. There is a nominal fee for copying. These files are available for public inspection during normal visiting hours by contacting Tina.E.Jones@tn.gov or by calling (865) 594-5616 to schedule an appointment for the review.
Individuals with disabilities who wish to participate in these proceedings should contact the Department's ADA Coordinator, Human Resources Division, 401 Church Street, 12th Floor, L & C Tower, Nashville, TN 37243, 1-866-253-5827. Such contact may be in person, by writing, telephone, or other means and should be made no later than June 14, 2011, to allow time to provide such aid or services. Hearing impaired callers may use the Tennessee Relay Service, 1-800-848-0298.
NOTICE OF HEARING
A hearing will be held at the Woodbury Police Department on Tuesday, May 31, 2011 at 4:30 P.M. concerning violation of Ordinance Number 13-504 at 918 McMinnville Hwy. The parties involved are as follows:
The Town of Woodbury, Angela Trisler, Thomas Grames, Springleaf Financial, Citi Financial, Pallisades Collections, and Unknown Defendant.
Chief of Police
Town of Woodbury
4t-May 3, 10, 17, 24
Planning Commission To Meet
The Woodbury Planning Commission will meet in regular session
Tuesday, May 17, 2011
at 6:00 P.M. at Woodbury City Hall.
The meeting is open to the public.
James Houston Barrett, Chairman
Ordinance No. 360
AN ORDINANCE REGULATING YARD SALES WITHIN THE TOWN OF WOODBURY, TENNESSEE
BE IT ORDAINED by the Board of Mayor and Aldermen of the Town of Woodbury, Tennessee: Section 1. Regulation of Yard Sales within the Town of Woodbury, Tennessee as follows: SECTION 9-201. Definitions. 9-202. Property permitted to be sold. 9-203. Permit required. 9-204. Permit procedure. 9-205. Permit conditions. 9-206. Hours of operation. 9-207. Exceptions. 9-208. Display of sale property. 9-209. Display of permit. 9-210. Advertising. 9-211. Persons exempted from chapter. 9-212. Violations and penalty. 9-201. Definitions. For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. (1) "Garage sales" shall mean and include all general sales, open to the public, conducted from or on any premises in any residential or nonresidential zone, as defined by the zoning ordinance [Municipal code reference: Zoning ordinance: title 14, chapter 2.], for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market," or "rummage" sale. This definition does not include the operation of such businesses carried on in a nonresidential zone where the person conducting the sale does so on a regular day-to-day basis. This definition shall not include a situation where no more than five (5) specific items or articles are held out for sale and all advertisements of such sale specifically names those items to be sold. (2) "Personal property" shall mean property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment. 9-202. Property permitted to be sold. It shall be unlawful for any person to sell or offer for sale, under authority granted by this chapter, property other than personal property. 9-203. Permit required. No garage sale shall be conducted unless and until the individuals desiring to conduct such sale obtains a permit therefore from the WOODBURY POLICE DEPARTMENT. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them. Permits may be obtained for any nonresidential location. 9-204. Permit procedure. (1) Application. The applicant or applicants for a garage sale permit shall file a written application with the WOODBURY POLICE DEPARTMENT at least three (3) days in advance of the proposed sale setting forth the following information:
(a) Full name and address of applicant or applicants.
(b) The location at which the proposed garage sale is to be held.
(c) The date or dates upon which the sale shall be held.
(d) The date or dates of any other garage sales by the same applicant or applicants within the current calendar year.
(e) A statement that the property to be sold was owned by the applicant as his own personal property and was neither acquired nor consigned for the purpose of resale.
(f) A statement that the applicant will fully comply with this and all other applicable ordinances and laws.
(2) Issuance of permit. Upon the applicant complying with the terms of this chapter, the WOODBURY POLICE DEPARTMENT shall issue a permit. 9-205. Permit conditions. The permit shall set forth and restrict the dates and location of such garage sale. No more than four (4) such permits may be issued to one residential location, residence and/or family household during any calendar year. If members of more than one residence join in requesting a permit, then such permit shall be considered as having been issued for each and all of such residences. No more than six (6) permits may be issued for any nonresidential location during any calendar year. 9-206. Hours of operation. Garage sales shall be limited to no more than three (3) consecutive days or on two (2) consecutive weekends (Saturday and Sunday). 9-207. Exceptions. (1) If sale not held because of inclement weather. If a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions, and an affidavit by the permit holder to this effect is submitted, the WOODBURY POLICE DEPARTMENT shall issue another permit to the applicant for a garage sale to be conducted at the same location within thirty (30) days from the date when the first sale was to be held. 9-208. Display of sale property. Personal property offered for sale may be displayed within the residence, in a garage, carport, and/or in a front, side or rear yard, but only in such areas. No personal property offered for sale at a garage sale shall be displayed in any public right-of-way. A vehicle offered for sale may be displayed on a permanently constructed driveway within such front or side yard. 9-209. Display of permit. Any permit in possession of the holder or holders of a garage sale shall be posted on the premises in a conspicuous place so as to be seen by the public, or any city official. 9-210. Advertising. (1) Signs permitted. Only the following specified signs may be displayed in relation to a pending garage sale:
(a) Two signs permitted. Two (2) signs of not more than four (4) square feet shall be permitted to be displayed on the property of the residence or nonresidential site where the garage sale is being conducted.
(b) Directional signs. Two (2) signs of not more than two (2) square feet each are permitted, provided that the premises on which the garage sale is conducted is not on a major thoroughfare, and written permission to erect such signs is received from the property owners on whose property such signs are to be placed.
(2) Time limitations. No sign or other form of advertisement shall be exhibited for more than two (2) days prior to the day such sale is to commence. (3) Removal of signs. Signs must be removed within 24 hours at the close of the garage/yard sale activities. 9-211. Persons exempted from chapter. The provisions of this chapter shall not apply to or affect the following: (1) Persons selling goods pursuant to an order of process of a court of competent jurisdiction. (2) Persons acting in accordance with their powers and duties as public officials. (3) Any sale conducted by any merchant or mercantile or other business establishment on a regular, day-to-day basis from or at the place of business wherein such sale would be permitted by zoning regulations of the City of Woodbury, or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor in which sale would be conducted from properly zoned premises, and not otherwise prohibited by other ordinances. 9-212. Violations and penalty. Any person found guilty of violating the terms of this chapter shall be fined as follows: First Offense: Written Citation, Second Offense: $25.00 Fine, Third Offense: $50.00 Fine. Section 2. This ordinance is to become effective upon final passage, the public welfare requiring it.
Passed first reading: November 9, 2004
Passed second and final reading: February 8, 2005
Public Hearing Held: December 7, 2004 Public Committee Meeting Held: January 11, 2005
Published in Cannon Courier: November 23, 2004