Public Notices, 03-05-2014
Thursday, March 6, 2014 10:12 am
NOTICE OF FORECLOSURE
WHEREAS, by Deed of Trust dated September 9, 2009, of record in Record Book 121, page 421, Register's Office of Cannon County, Tennessee, TIM CLARK, unmarried, 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, FARM CREDIT MID-AMERICA, FLCA, formerly known as FARM CREDIT SERVICES OF MID-AMERICA, FLCA, is the owner and holder of the note secured by said Deed of Trust hereinabove referred to; and
WHEREAS, M. WYATT BURK was appointed Substitute Trustee by Appointment of Substitute Trustee of record in Record Book 151, page 667, Register's Office of Cannon County, Tennessee; and
WHEREAS, the said real estate described in said Deed of Trust is as follows:
LOCATED lying and being in the First (1st) Civil District of Cannon County, Tennessee and being more particularly described as follows to-wit:
BEGINNING at a point in the center of Country Lane in line with a fence from the east and being at the southwest corner of the property herein described, and being at the northwest corner of the Roy and Linda Moss Property (Deed Book 103, Page 384); thence with the center of said road, N41°43'29"E 264.04 feet; N54°09'24"E 76.89 feet; N29°01'58"E 41.06 feet; N18°16'18"E 61.01 feet; N9°55'16"E 122.70 feet; N16°45'47"E 71.42 feet; N25°07'23"E 104.61 feet; N34°08'12"E 81.32 feet; N42°23'03"E 56.75 feet; N53°00'43"E 25.66 feet; N77°17'03"E 60.90 feet; S81°38'24"E 103.83 feet to a point in the center of the said Country Lane in the west line of the Jack Higgenbotham Property (Deed Book 162, Page 509); thence with the west fence line of said Higgenbotham, S5°26'32" W, passing a steel pin at 7.29 feet and continuing a total distance of 413.34 feet to a steel pin in fence; thence with fence, S2°50'02"W 410.70 feet to a steel pin at a fence intersection at Higgenbotham's southwest corner; thence with fence and the north line of said Moss property, N80°58'23"W 530.11 feet to a fence post; thence with fence, S84°39'45"W passing a steel pin by a 14 inch cedar at 29.20 feet and continuing a total distance of 46.93 feet to the POINT OF BEGINNING, and containing 6.32 acres, accordance with a survey by Thomason Surveying Company, 826 Memorial Blvd., Suite 208, Murfreesboro, TN 37130, on February 7, 1994.
FOR source of title to said realty reference is made to a certain Warranty Deed from John P. Leary and wife, Carolyn M. Leary to Tim Clark dated September 9, 2009 and recorded on September 10, 2009 in Record Book 121, page 419, Register's Office, Cannon County, Tennessee.
INCLUDED in this conveyance is a septic line easement as shown in Deed Book 177, Page 240 and Deed Book 167, Page 668, Register's Office, Cannon County, Tennessee.
THIS property is subject to any and all lawful easements, setback lines, restrictions, etc. of record and applying to the within described property and to the zoning regulations of the appropriate governmental body.
WHEREAS, said Deed of Trust was made to secure the payment of a note therein set out and contained the power to sell in the case of default in the payment of said note and interest at maturity; and
WHEREAS, the maker of said note has defaulted in the payment thereof, and the owner and holder of said note has declared the entire amount due and payable and has requested the undersigned to foreclose said Deed of Trust according to its terms in order to collect said note.
NOW, THEREFORE, I, the undersigned, M. WYATT BURK, SUBSTITUTE TRUSTEE will, in accordance with the terms set out in the Deed of Trust above referred to, on March 19, 2014, at 11:00 A.M., 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 Deed 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
Said property may be sold as a whole or by individual lots or tracts or groups of lots or tracts at the discretion of the Substitute Trustee.
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 Deed of Trust. Said Deed of Trust is 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 Deed 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 T.C.A. 35-5-117 have been met.
The address of the property is unknown, 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 38, Parcel 25.00 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 20th day of February, 2014.
M. Wyatt Burk, Substitute Trustee
BOBO, HUNT, WHITE & NANCE
111 W. Side Square
Shelbyville, Tennessee 37160
ATTORNEYS FOR SUBSTITUTE TRUSTEE
To be published February 26, March 5, and March 12, 2014
NOTICE TO CREDITORS
JERRY W. PELHAM, deceased
Notice is hereby given that on the 10th day of February, 2014, letters of testamentary or letters testamentary in respect of the estate of Jerry W. Pelham, 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 first publication of this notice, otherwise their claims will be forever barred.
This 10th day of February, 2014.
Joyce R. Pelham
Administratrix of the estate of Jerry W. Pelham, deceased
William H. Bryson, Clerk & Master
Susan Melton, Attorney
2t-Feb. 26, Mar. 5
SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on April 17, 2014 at 12:00PM local time, at the center inside courthouse door, Cannon County Courthouse, 200 West Main Street, Woodbury, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by James A. Speed, a married man, to Robert M. Wilson, Jr., Wilson & Assoc., PLLC, Trustee, on September 8, 2004 at Record Book 64, Page 123; all of record in the Cannon County Register's Office.
Party entitled to enforce security interest: Bank of America, N.A., its successors and assigns
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 Cannon County, Tennessee, and being more particularly described in deed of record in Record Book 64, Page 123; in the Register's Office of Cannon County, Tennessee
Parcel Number: 087-047.00
Current Owner(s) of Property: James A. Speed, a married man
Other interested parties: John Whittaker
The street address of the above described property is believed to be 319 Houston Parker Road, Morrison, Tennessee 37357, 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 referenced herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
SUBJECT TO A USED 400 SQUARE FOOT MANUFACTURED HOME, SERIAL NUMBER NTA581734 (REAR) AND NTA581735 (FRONT) IS BELIEVED TO BE PERMANENTLY AFFIXED TO THE REAL PROPERTY. IT SHALL BE THE RESPONSIBILITY OF THE PURCHASER TO UNDERTAKE ANY AND ALL LEGAL STEPS NECESSARY TO OBTAIN THE TITLE TO SAID MOBILE HOME.
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.
If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified/bank check made payable to or endorsed to Shapiro & Kirsch, LLP. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.
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.
Shapiro & Kirsch, LLP Substitute Trustee
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
File No. 13-054660
3t-Feb. 19, 25, Mar. 5