Public Notices: 10-30-2013
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NOTICE OF FORECLOSURE
AND SUBSTITUTE TRUSTEE'S SALE
Default having been made in the terms and conditions of payments, pursuant to a certain Deed of Trust executed by Alvin Morgan and Eara Morgan, husband and wife, to Stewart Title of Tennessee, Inc., Trustee, dated the 3rd day of May, 2006, and being of record in Book 85, page 513, Register's Office for Cannon County, Tennessee, referred to herein as the deed of trust, debts and obligations having been assigned by MERS as nominee for SouthStar Funding, LLC at Book 121, page 497, which conveyed certain real property, appurtenances, estate, title and interest therein in trust to secure the indebtedness described therein, which indebtedness is now due and unpaid and has been declared in default by the lawful owner thereof, HSBC Mortgage Services, Inc. Appointment of Substitute Trustee having been duly executed by the holder of the note and beneficiary of said Deed of Trust, and appointing William Timothy Hill as Substitute Trustee.
NOW, THEREFORE, I, William Timothy Hill, Trustee, pursuant to the said Deed of Trust, having been requested by the owner and holder of said indebtedness so to do, by virtue of the authority and power vested in me by said deed of trust and appointing of Substitute Trustee will on the 13th day of November, 2013, at 12:00 noon, on the front door of the Cannon County Courthouse, Woodbury, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured, if the holder is the successful purchaser) the following described property located in Cannon County, Tennessee, to wit:
Land in Cannon County, Tennessee, being all of Lot Nor. 7 on the Plan of Parker & Rains Subdivision, as shown by plat appearing of record in Plat Book 1, page 47, of the Register's Office of Cannon County, Tennessee, to which plat reference is hereby made for a more complete details of said lot.
Being the same property conveyed to Alvin Morgan and wife, Eara Morgan, by deed of record recorded 5/5/06 in Book 85, page 511, Register's Office of Cannon County, Tennessee.
This is improved property known as 317 S. Dillon St, Woodbury, TN.
If there is any discrepancy with the street address, the legal description will control.
At the time of this publication, the § 35-5-117 notice of the right to foreclose was timely forwarded.
The sale of the property described in said Deed of Trust shall be subject to any and all instrument of record, prior liens, encumbrances, deeds of trust, easements, restrictions, building lines, unpaid taxes, assessments, penalties and interest, if any. All right and equity of redemption, homestead, dower and all other exceptions are expressly waived in said Deed of Trust, and the title is believed to be good, but the Substitute Trustee will convey and sell only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day or time certain without further publication, upon announcement at the time for the above.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
This 10th day of October, 2013.

William Timothy Hill, Substitute Trustee

Insertion Dates: 10/16/13 - 10/23/13 - 10/30/13

 

 


This Instrument Prepared By:
Lee & Lee Attorneys at Law, P.C.
109 East Gay Street
Lebanon, TN 37087

FORECLOSURE SALE NOTICE
WHEREAS, James P. Glenn and wife, Melissa D. Glenn, by a Deed of Trust, dated December 7, 2005, of record in Record Book 81, Page 789, Register's Office for Cannon County, Tennessee, conveyed to Gentry L. Barnes, Trustee, the hereinafter described real property to secure payment of a promissory note as described in said Deed of Trust; and
WHEREAS, Robert Evans Lee having been appointed Substitute Trustee by Wilson Bank & Trust, the owner and holder of said note by an instrument of record in Record Book 144, Page 762, Register's Office for Cannon County, Tennessee, with authority to act alone with the powers given the Trustee; and
WHEREAS, default having occurred with respect to the note secured by the Deed of Trust, and the full balance owing having been accelerated; and
WHEREAS, Wilson Bank & Trust, as the owner and holder of said note, has demanded that the real property covered by the Deed of Trust be advertised and sold in satisfaction of said debt and the cost of the foreclosure, in accordance with the terms and provisions of said note and Deed of Trust;
NOW, THEREFORE, notice is hereby given that I, Robert Evans Lee, Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon me in said Deed of Trust, will on November 15, 2013 at 2:00 PM., Central Time, at the front door of the Courthouse in Woodbury, Cannon County, Tennessee, offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory or otherwise, homestead, dower and all other rights and exemptions of every kind as provided in said Deed of Trust, certain real property situated in Cannon County, Tennessee, described as follows:
MAP 35 PARCEL 17
Being Lot No. 1 of Ann Ferguson Estates, a plat of which is recorded in Plat Cabinet 2, Slide 2-55A, Register's Office, Cannon County, Tennessee, and further described as follows: Beginning on an iron pin in the west right-of-way of Short Mountain Road, pin being the southeast corner of lands herein described and being a corner of Lot 1 and 2; thence N 82 deg. 02' 25" W 684.87 feet with the line of Lot 2 to an iron pin in the line of Womack; thence with Womack's line as follows: N 50 deg. 16' 45" E 316.97 feet to an iron pin, N 07 deg. 46' 59" E 156.43 feet to an iron pin, a corner of Womack and Keaton; thence S 73 deg. 18' 48" E 433.38 feet with Keaton's line to an iron pin in the west right-of-way of Short Mountain Road; thence S 00 deg. 29' 13" W 9328.41 feet with the west right-of-way of said road to the point of beginning and containing 4.25 acres according to a survey by Richard H. Puckett, Registered Land Surveyor, License Number 225, 4340 Nashville Highway, Dowelltown, Tennessee 37059, Telephone 615-597-7701 on August 27, 2002.
Being the same lands described in a conveyance from Francis Ann Ferguson to James P. Glenn and wife, Melissa D. Glenn, of record in Record Book 35, page 492, Register's Office, Cannon County, Tennessee.
Subject property has the address of 7125 Short Mountain Road, Woodbury, TN 37190
The right is reserved to adjourn the day 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, and/or to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.
Substitute Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by Successor Trustee's Deed, as Substitute Trustee only.
THIS sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes which exist as a lien against said property, including without limitation city and county property taxes; 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 might disclose.
INTERESTED PARTIES are Cannon County Property Tax, Liberty State Bank

THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.
THIS 10th day of October, 2013

Robert Evans Lee, Substitute Trustee
Lee & Lee Attorneys at Law, P.C.
109 East Gay Street
Lebanon, TN 37087
615-444-3900

Run: October 16, 2013, October 23, 2013, October 30, 2013

 

 

NOTICE OF FORECLOSURE SALE

WHEREAS, Mark E Latka and wife, Tonia Latka, by Deed of Trust (the "Deed of Trust") dated the 25th day of July, 2011, of record in Record Book 133, page 599, Register's Office for Cannon County, Tennessee, conveyed to David W. Marttala, Trustee, the hereinafter described real property to secure the payment of a certain Promissory Note (the "Note") described in the Deed of Trust, which Note was payable to First National Bank, 200 East Main St. McMinnville, TN 37110.
WHEREAS, default has been made in the payment of the Note; and
WHEREAS, the owners and holders of the Note have demanded that the hereinafter described real property be advertised and sold in satisfaction of indebtedness and costs of foreclosure and sale in accordance with the terms and provisions of the Note and Deed of Trust.
NOW, THEREFORE, notice is hereby given that I, Jason N. King, Substitute Trustee, pursuant to the power, duty, and authority vested in and conferred upon me, by the Deed of Trust of record in Record Book 133, page 599 and Appointment of Substitute Trustee of record in Record Book 148, pages 751-752 Register's Office for Cannon County, Tennessee, having been requested to do so by the lawful holder and owner of said debt, will on November 11, 2013 at 1:00 p.m. at the front door of the Cannon County Courthouse, Woodbury, Tennessee, offer for sale to the highest bidder for cash, and free from all legal, equitable and statutory rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other exemptions of every kind, all of which have been waived in the Deed of Trust, certain real property located in Cannon County, Tennessee, described as follows:
A certain parcel or tract of land lying in the 7th Civil District of Cannon County, Tennessee, bounded and described as follows, to-wit: BEGINNING at a stake in the south margin of New River Road, the same point being in B. J. Young's west line; thence along the south margin of New River Road, South 67 deg. 26 min. West, 200.61 feet to a stake; thence South 65 deg. 20 min. West 226.37 feet to a stake; thence South 62 deg. 14 min. West 364.0 feet to a stake; thence leaving the south margin of New River Road, South 00 deg. 57 min. East 19.0 feet to a stake; thence South 22 deg. 15 min. West 395.65 feet; South 48 deg. 10 min. West 122.21 feet; thence South 49 deg. 42 min. West 135.04 feet; thence North 77 deg. 21 min. West 206.85 feet; thence South 71 deg. 47 min. West 114.25 feet; thence South 12 deg. 11 min. East 395.02 feet; thence South 32 deg. 56 min. East 398.51 feet; thence South 37 deg. 19 min. West 108.42 feet; thence South 17 deg. 59 min. West 87.74 feet; thence South 07 deg. 40 min. East 93.56 feet; thence South 26 deg. 58 min. East 535.92 feet; thence South 01 deg. 25 min. West 196.51 feet; thence South 36 deg. 04 min. East 127.67 feet; thence South 20 deg. 37 min. East 56.88 feet; thence South 03 deg. 44 min. East 196.47 feet; thence South 16 deg. 49 min. East 67.87 feet; thence South 26 deg. 19 min. East 89.23 feet; thence South 49 deg. 59 min. East 237.73 feet; thence South 66 deg. 08 min. East 178.47 feet; thence South 83 deg. 40 min. East 86.05 feet; thence South 87 deg. 56 min. East 438.98 feet; thence South 83 deg. 23 min. East 434.55 feet; thence North 85 deg. 03 min. East 82.39 feet; thence North 13 deg. 50 min. West 430.51 feet; thence North 54 deg. 01 min. West 40.66 feet; thence North 64 deg. 01 min. West 78.74 feet; thence North 08 deg. 27 min. East 41.11 feet; thence North 53 deg. 10 min. East 40.18 feet; thence North 15 deg. 21 min. East 311.37 feet; thence North 34 deg. 53 min. West 406.07 feet; thence North 25 deg. 11 min. West 144.07 feet; thence North 16 deg. 23 min. West 117.49 feet; thence North 05 deg. 58 min. West 161.53 feet; thence North 15 deg. 49 min. West 370.28 feet; thence North 26 deg. 21 min. West 218.86 feet; thence North 31 deg. 41 min. West 262.66 feet; thence North 10 deg. 00 min. West 55.85 feet; thence North 04 deg. 07 min. East 119.88 feet; thence North 05 deg. 42 min. West 808.24 feet to the point of beginning and containing 97.26 acres as surveyed to Joe Charles Wilson, Sr., on March 12, 1981.
Being the same property conveyed to Mark E. Latka and wife, Tonia Jean Latka, by Warranty Deed dated 04/27/1990 and filed for record on 05/03/1990 in Deed Book 154, page 205, of the Register's Office of Cannon County, Tennessee.
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. The property is being sold as is where is without warranty as to its condition and subject to all mortgages, liens, claims, rights and any and all unpaid taxes of whatever nature that may be liens against it. If the U.S. Department of the Treasury/Internal Revenue Service, the State of Tennessee Department of Labor and Workforce 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.
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.
Interested Parties: First National Bank, Cannon County Trustee.
This is improved property also known as 1530 Stones River Road, Woodbury, TN 37190, Map Reference 040-039.00
DATED this 9th day of October, 2013.
JASON N. KING, TRUSTEE

To Be Run: 10/16/2013; 10/23/2013; 10/30/2013.

 

SUBSTITUTE TRUSTEE'S SALE

Sale at public auction will be on November 7, 2013 at 12:00PM local time, at the north door, Cannon County Courthouse, Woodbury, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Horace R. Mahaffa and Margaret Y. Mahaffa, husband and wife, to Mark A. Ellmore, Jr., Trustee, on April 30, 1999 at Book TD-151, Page 370; all of record in the Cannon County Register's Office.
Party entitled to enforce security interest: LPP Mortgage LTD, 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:
A certain tract or parcel of land in the 5th Civil District of Cannon County, Tennessee, and described as follows:
Bounded on the North and also on the East by the lands of M.F. Leeman; bounded on the South by the lands of Leeman and the McMahan Public Road, and, bounded on the West by the lands of Ordette Higgins, containing 3 acres, more or less.
Being the same property conveyed to the Grantors by deed of record in Book 91, page 222, Register's Office for Cannon County, Tennessee.
Horace R. Mahaffa and Rayford Mahaffa being one and the same person.
Margaret y. Mahaffa, Yvonne Mahaffa and Yvonne Smith being one and the same person.
The address for the above described property is: 2835 Parker Road, Morrison, Tennessee 37357.
Street Address: 2835 Parker Road, Morrison, Tennessee 37357
Parcel Number: 078-040.00
Current Owner(s) of Property: Rayford Mahaffa, aka Horace R. Mahaffa and Yvonne Smith, aka Margaret Y. Mahaffa
Other interested parties: Eben Frizzell d/b/a All Techni-Clean c/o Andrew L. Messick, Attorney
The street address of the above described property is believed to be 2835 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.
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. 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
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
Phone (901)767-5566
Fax (901)761-5690

File No. 12-044059
1t-Oct. 30

NOTICE TO CREDITORS
Estate of Mamye Holt

Notice is hereby given that on the 7th day of October, 2013, letters of administration in respect of the estate of Mamye Holt, 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 7th day of October, 2013.

Carolyn Hamilton, Administratrix of the estate of Mamye Holt, deceased.
William H. Bryson, Clerk & Master
Susan Melton, Attorney
2t-Oct. 30, Nov. 6-P

 


NOTICE TO CREDITORS
Estate of ELMER DONALD GANNON

Notice is hereby given that on the 7th day of October, 2013, letters testamentary in respect of the estate of Elmer Donald Gannon, 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 7th day of October, 2013.

Randy Don Gannon, Executor of the estate of Elmer Donald Gannon, deceased.
William H. Bryson, Clerk & Master
Susan Melton, Attorney
2t-Oct. 30, Nov. 6-P

 


NOTICE TO CREDITORS
Estate of HOUSTON WILLIAM CUNNINGHAM

Notice is hereby given that on the 7th day of October, 2013, letters of administration in respect of the estate of Houston William Cunningham, 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 7th day of October, 2013.

Jesse Cunningham, Administrator of the estate of Houston William Cunningham, deceased.
William H. Bryson, Clerk & Master
Susan Melton, Attorney
2t-Oct. 30, Nov. 6-P

 

NOTICE
Re: Lonnie Marie Atnip v. Michael Lynn Atnip
(Divorce)
In the Chancery Court of Cannon County, Tennessee
File No. 13-84

TO: MICHAEL LYNN ATNIP

A complaint for absolute divorce has been filed against you by Lonnie Marie Atnip. It appears that ordinary process of law cannot be served upon you because your whereabouts are unknown. It is, therefore, ordered that you respond to this notice by filing an answer to the complaint for divorce in this cause with the Clerk of the Chancery court, 201 Main Street, Woodbury, Tennessee 37190 and with Attorney Susan Melton at the address shown below, on or before the date listed below. A copy of the complaint for divorce may be obtained from the Clerk of the Chancery Court, Woodbury, Tennessee. If no answer is filed by the date shown below, a judgment by default will be taken against you and a hearing to grant a final decree will be set without further notice to you.
POSTED:
Answer due on or before 30 days of first publication.

SUSAN MELTON #014686
Attorney for Plaintiff
P.O. Box 446
Woodbury, TN 37190
(615) 563-4512

For Clerk, Chancery Court Clerk, 3rd Floor, Cannon County Courthouse, Woodbury, Tennessee
3t-Oct. 30, Nov. 6, 13

 

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on November 26, 2013 at 12:00 PM local time, at the north door, Cannon County Courthouse, Woodbury, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by David L. Sauls and Jennifer L. Sauls, husband and wife, to First American Title Insurance Company, Trustee, on March 8, 2012 at Record Book 137, Page 488; all of record in the Cannon County Register's Office.
Party entitled to enforce security interest: JPMorgan Chase Bank, National Association, 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 137, Page 488; in the Register's Office of Cannon County, Tennessee
Parcel Number: 030-059.00
Current Owner(s) of Property: David L. Sauls, married
The street address of the above described property is believed to be 1369 Tassey Road, Readyville, Tennessee 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 referenced herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
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. 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
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
Phone (901)767-5566
Fax (901)761-5690
File No. 12-043646

3t-Oct. 30, Nov. 6, 13

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