Public Notices: 1-6-2016
Tuesday, January 5, 2016 9:34 am
SUBSTITUTE TRUSTEE'S NOTICE OF SALE OF REAL ESTATE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, on November 9, 2004, by Deed of Trust of record in Record Book 66, page 204, in the Register's Office of Cannon County, Tennessee, said instrument being recorded on November 12, 2004, CHRISTOPHER LEE BAIN and MISTY D. BRANDON and husband, JOHN GLENDON BRANDON, III, did convey in trust unto Ralph E. Mallicoat, Jr., 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, the Trustee, Ralph E. Mallicoat, Jr. was unable to act and Bratten Hale Cook II having been appointed as Substitute Trustee in the place and stead of Ralph E. Mallicoat, Jr., Trustee, said appointment being of record in Record Book 164, page 92, Register's Office for Cannon County, Tennessee;
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 Substitute Trustee to foreclose said Deed of Trust.
NOW, THEREFORE, by virtue of the authority in me vested, under said instruments, I will, on Monday, January 25, 2016 at 11:00 a.m., prevailing time, offer for sale at the west door of the Cannon County Courthouse, 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 10th Civil District of Cannon County, Tennessee, said property being described as follows:
For property description, see Deed of record in Record Book 66, page 201, 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 1989 MARS Mobile Home, VIN #MHAL1441.
The above-described property has a street address of: 698 Blair Branch Road, Woodbury, TN 37190.
Map 9 - Parcel 53.00
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 Substitute Trustee reserves the right to postpone or set over the date of sale in the event the Substitute 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 Substitute 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 Substitute 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 Substitute 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.
The purchaser will assume the payment of any and all unpaid taxes, including but not limited to tax years 2014 and 2015.
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 17th day of December, 2015.
BRATTEN HALE COOK II, SUBSTITUTE TRUSTEE
FOR LIBERTY STATE BANK
cc: Mr. Christopher Lee Bain - Regular Mail & Certified Mail
698 Blair Branch Road
Woodbury, TN 37190
Ms. Misty D. Brandon - Regular Mail & Certified Mail
698 Blair Branch Road
Woodbury, TN 37190
Mr. John Glendon Brandon, III - Regular Mail & Certified Mail
698 Blair Branch Road
Woodbury, TN 37190
Mr. & Mrs. Danny Russell Fults - Regular Mail & Certified Mail
2399 Pea Ridge Dry Creek
Liberty, TN 37095
NOTICE OF FORECLOSURE
WHEREAS, by Deed of Trust dated October 4, 2007, of record in Record Book 103, page 735, Register's Office of Cannon County, Tennessee, HANNAH MARIE TRIMBLE AKA HANNAH M. TRIMBLE AND JIMMY DALE TRIMBLE AKA JIMMY D. TRIMBLE, 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, FARM CREDIT MID-AMERICA, FLCA (FORMERLY 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 163, page 381, 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 Mag Nail (N) in the center of Porterfield Road, this being the northwest corner of the property described herein and the southwest corner of Dismukes (150/303) reference a Mag Nail (O) at the centerline intersection of Porterfield Road and Dement Hollow Road at N 04°31'31" E a distance of 332.28'; thence leaving the aforementioned center of road and with Dismukes S 74°38'00" E a distance of 206.14' to an Iron Pin (O) at a Hackberry Fence Corner, this being the southeast corner of Dismukes; thence leaving Dismukes and severing the lands of Jones the following courses and distances: S 87°44'53" E a distance of 485.34' to a ½" Rebar (N) w/Sexton Cap at a 4" Cedar, this being the northeast corner of the property described herein; S 06°02'39" E a distance of 398.45' to a ½" Rebar (N) w/Sexton Cap at a Fence Post, this being the Southeast corner of the property described herein; N 83°44'15" W a distance of 183.43' to a ½" Rebar (N) w/Sexton Cap at a Utility Pole; N 82°09'52" W a distance of 120.07' to a ½" Rebar (N) w/Sexton Cap at a Fence Post; N 69°36'45" W a distance of 250.35' to a ½" Rebar (N) w/Sexton Cap at a Fence Post; N 74°48'51" W a distance of 181.55' to a ½" Rebar (N) w/Sexton Cap; N 77°51'00" W a distance of 33.97' to a ½" Rebar (N) w/Sexton Cap; N 77°51'00" W a distance of 25.06' to a Mag Nail (N) in the center of Porterfield Road, this being the southwest corner of the property described herein; thence with the center of Porterfield Road N 08°34'22" E a distance of 289.60' to the point of beginning containing 5.67 acres, more or less, according to a survey performed by Mid-Tenn Surveying, LLC, Christopher Blake Sexton, RLS 2400, 2159 N. Thompson Lane, Suite B1, Murfreesboro, TN 37129 on July 16, 2007, Further, reference is made to Plat recorded in Plat Cabinet 3, Slide 31, Register's Office, Cannon County, Tennessee.
FOR source of title to said realty reference is made to Warranty Deed from Alan C. Jones and wife, Candice R. Jones to Jimmy D. Trimble and wife, Hannah M. Trimble, dated October 4, 2007 and recorded on October 4, 2007 in Record Book 103, page 733, 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, 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 makers of said note have 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 January 29, 2016, 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: Alan C. Jones and wife, Candice R. Jones; Main Stree Acquisition Corp. (original creditor HSBC Bank Nevada, N. A.); Unifund CCR Partners (original Creditor Citifinancial, Inc.); Advantage Assets Ii, Inc, as assignee of CitiBank (SD), 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 known as 119 Amy Lane, Readyville, TN 37149, 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 23, Parcel 19.00 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 22nd day of December, 2015.
M. Wyatt Burk, Substitute Trustee
BOBO, HUNT, WHITE & BURK
111 W. Side Square
Shelbyville, Tennessee 37160
ATTORNEYS FOR SUBSTITUTE TRUSTEE
To be published January 6, January 13 and January 20, 2016
NOTICE TO CREDITORS
Estate of Alvin Carl Smith
Notice is hereby given that on the 28th day of December, 2015, letters of administration or letters testamentary in respect of the estate of Alvin Carl Smith, 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 28th day of December 2015.
Melissa Smith Hostetter, Executrix of the Estate of Alvin Carl Smith deceased.
NOTICE TO CREDITORS
Estate of Howard Mike Grosch
Notice is hereby given that on the 15th day of December, 2015, letters of administration or letters testamentary in respect of the estate of Howard Mike Grosch, 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 15th day of December 2015.
Rebecca Jean Grosch, Administratrix of the Estate of Howard Mike Grosch deceased.