Public Notices 11-28-2012

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FORECLOSURE
By virtue of the authority vested in me as Trustee, as contained in Deed of Trust from Tim W. Stewart and wife, Debbie Stewart, to Wm. Stanton Massa, III, Trustee, dated April 21, 2005, of record in Record Book 72, Page 210, Register's Office for Cannon County, Tennessee, which was assigned to Colonial Loan Association, Inc. by instrument dated April 21, 2005, and found of record in Record Book 72, Page 215, in the Register's Office for Cannon County, Tennessee, to which Deed of Trust reference is here made, Notice is hereby given that the property described below will be sold by me at the front door of the Cannon County Courthouse, Woodbury, Tennessee, at public auction, to the highest bidder for cash on December 14, 2012 at 1:00 p.m. to effect satisfaction of principal, interest, attorney's fees, costs, expenses and other lawful charges due on a promissory note dated April 21, 2005, from Tim W. Stewart and Debbie Stewart to Union Planters Bank, N.A., and secured by the aforementioned Deed of Trust, which note was assigned to Colonial Loan Association, Inc.
LEGAL DESCRIPTION:
Located, lying and being in the Sixth (6th) Civil District of Cannon County, Tennessee and being more particularly described as follows, to wit:
Lying and being on the North side of High Street; having a frontage of 76 feet on said Street, a backline or North boundary line of 76 feet, an East boundary line of 100 feet with DTC Communications (formerly Armstrong), and a West boundary line fronting on Cannon Street of 100 feet, and further identified as Map 39K, Group J, Parcel 6, Office of the County Tax Assessor.  All measurements stated herein are to be considered more or less, and not precise.
For source of title to said realty reference is made to Warranty Deed from Stanley L. Pope and wife, Carolyn J. Pope, to Tim W. Stewart, dated May 29, 2003, and recorded on April 7, 2005 in record Book 71, Page 523, Register's Office, Cannon County, Tennessee.
This property is subject to a boundary agreement as shown in Deed Book 87, Page 347, register's Office, Cannon County, Tennessee.
This property is subject to and includes 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.
The street address of the property is believed to be 110 West High Street, Woodbury, Tennessee, but said address is not part of the legal description, and if a discrepancy exists, the legal description shall control.  Tax ID No. 39K - A - 020.00 (formerly 39K - J - 06.00)
This description has been prepared solely from information furnished to the preparer, who makes no representation whatsoever other than it has been accurately transcribed from information provided.
Said Deed of Trust recites title as unencumbered, except as noted therein, but sale will be made as Trustee only, without covenants of seisin or warranties of title and will be made subject to any unpaid taxes and assessments and all valid restrictions, liens, covenants, easements, or title defects, if any, of record on said property.  The sale may be free from equity of redemption, right of redemption, homestead, dower, and other rights or exemptions, if applicable pursuant to provisions in said Deed of Trust.  The property is being sold in "AS IS" condition.  It shall be the responsibility of the successful bidder to obtain possession of the property at his expense.  There are no representations by the Trustee as to the validity or enforceability of any mechanic's liens or other liens, or of any suits to enforce same.  In the event successful bidder defaults or otherwise fails to purchase the property, the Trustee and beneficiary reserve the right to award sale to the next highest bidder at their sole option.  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.  If applicable, Notice of the Right to Foreclose was given in compliance with T.C.A. 35-5-117.  Junior lien holders have been mailed a copy of this Notice.  Other interested parties include:  Tennessee Department of Economic & Community Development - Energy Division; Capital One Bank (USA), N.A.; Tennessee Department of Economic & Community Development - Energy Division; Portfolio Recovery Associates, LLC assignee of Onyx Acceptance Corporation.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
Dated this November 8, 2012.
Wm. Stanton Massa, III
Attorney at Law
P.O. Box 1515
Morristown, TN  37816-1515
PH# (423) 317-8555
Publication Dates: November 14, 2012, November 21, 2012 and November 28, 2012

 


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 July 22, 2010, and the Deed of Trust of even date securing the same, recorded August 6, 2010, at Book 127, Page 450 in Office of the Register of Deeds for Cannon County, Tennessee, executed by Christopher M. Barnes Shannon R. Barnes Christopher Barnes and Shannon Barnes, conveying certain property therein described to Marc R. Lively as Trustee for Community First Bank & Trust; and the undersigned, 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 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 December 14, 2012 on or about 3:45 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:
Land in the Sixth Civil District of Cannon County, Tennessee and being more particularly described as follows, to wit:
Beginning on an iron pin in the East margin of Hollis Creek Road at the Southwest corner of a tract owned by the grantors (formerly Leon F. La Fever) running thence South 24 degrees 02 minutes West 301.1 feet to an iron pin at the intersection of Hollis Creek Road and Bryant Lane; thence South 65 degrees 46 minutes East 713.52 feet to an iron pin; thence North 24 degrees 2 minutes East 301.1 feet to an iron pin; thence North 65 degrees 46 minutes West 713.52 feet to a point of beginning, containing 5.0 acres more or less and shown as Tract Number 2 by survey of Thomas D. Cook, Tennessee Registered Land Surveyor Number 365, dated October 15, 1981 and revised on February 24, 1984.
ALSO KNOWN AS:  107 William Bryant Drive, Woodbury, Tennessee 37190-5921
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:  Christopher M. Barnes; Shannon R. Barnes; Christopher Barnes; Shannon Barnes
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. 726 226791
DATED November 12, 2012
WILSON & ASSOCIATES, P.L.L.C., Successor Trustee  
DSaleNoticeTN-Shellie_jquimby_121112_ 821
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
Insertion Dates: November 20, 2012, November 27, 2012, December 4, 2012

 

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 February 16, 2010, executed by PAULA A. HENNING, UNMARRIED, conveying certain real property therein described to FRANK ALVSTAD as same appears of record in the Register's Office of Cannon County, on February 19, 2010, as Instrument No. 35515, in Book 124, at Page 647; and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans  Servicing,   who is now the owner of said debt; and
WHEREAS, Notice of the Right to Foreclose ("Notice") was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee's Sale.
WHEREAS, the undersigned, Reconstruct  Company, N.A., having been appointed by as Substitute Trustee by instrument 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, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on December 12, 2012, 11:00 AM at the Cannon County courthouse door where the foreclosure sales are customarily held At the County Courthouse Square, Cannon County Courthouse, Woodbury, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Cannon County, Tennessee, to wit: SITUATED IN THE SIXTH (6TH) CIVIL DISTRICT OF CANNON COUNTY, TENNESSEE AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS, TO-WIT: LOT NUMBER 55 IN THE MASON SUBDIVISION, THE PLAT OF WHICH IS OF RECORD IN PLAT BOOK 1, PAGE 1, REGISTER'S OFFICE, CANNON COUNTY, TENNESSEE TO WHICH PLAT REFERENCE IS HEREBY MADE FOR MORE COMPLETE DETAILS AS TO LOCATION AND DESCRIPTION OF SAID LOT. PARCEL NUMBER: 039K-B-029.00
PROPERTY ADDRESS: The street address of the property is believed to be 324 HAYES ST, 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): Paula  A. Hennings AKA Paula Henning
Other Interested Parties: 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. RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#: 11-0087490 FEI # 1006.147417
11/21/2012, 11/28/2012, 12/05/2012

 


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 August 15, 2001, and the Deed of Trust of even date securing the same, recorded February 7, 2002, at Book 24, Page 331 in Office of the Register of Deeds for Cannon County, Tennessee, executed by Rilla Sue Bogle and Earl Bogle, conveying certain property therein described to Atlantic Assurance Company as Trustee for Centex Home Equity Company, LLC; and the undersigned, 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 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 December 14, 2012 on or about 3:45 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:
Situated in the Sixth (6th) Civil District of Cannon County, Tennessee.
Located, lying and being on both side of Pleasant Ridge Public Road and bounded on the North by lands of Floyd Campbell and Macon Davenport; bounded on the South by lands of Dorris Nichols, Sunny Hill Church of Christ and the Pleasant Ridge Public Road; bounded on the East by lands of Dorris Nichols, Sunny Hill Church of Christ, and the Pleasant Ridge Public Road; and, bounded on the West by lands of Frank Moorehead, Sunny Hill Church of Christ, Dorris Nichols and the Pleasant Ridge Public Road.
ALSO KNOWN AS:  2712 Pleasant Ridge Road, Woodbury, Tennessee 37190
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:  Rilla Sue Bogle; Earl Bogle
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. 931 218903
DATED November  7, 2012
WILSON & ASSOCIATES, P.L.L.C., Successor Trustee 
DSaleNoticeTN-Shellie_msherrod_121107_1145
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
Insertion Dates: November 20, 2012, November 27, 2012, December 4, 2012

 

 


NOTICE TO CREDITORS

Estate of 
BILLY RAY SMITH, deceased
Notice is hereby given that on the 13th day of November, 2012, letters testamentary in respect of the estate of Billy Ray Smith, 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 first publication of this notice, otherwise their claims will be forever barred.
This November 13, 2012.

Carol J. Corse
Executrix of the Estate of Billy Ray Smith, deceased

Bobby Smith, County Clerk
Joan G. Hill, Attorney
2t-Nov. 21, 28

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