Public Notices: 2-27-2013
Monday, February 25, 2013 2:22 pm
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 November 28, 2007, and the Deed of Trust of even date securing the same, recorded December 6, 2007, at Book 105, Page 704 in Office of the Register of Deeds for Cannon County, Tennessee, executed by SCOTT GALLUP, conveying certain property therein described to Robert M. Wilson, Jr as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for Countrywide Bank, F.S.B. and Countrywide Bank, F.S.B.'s successors and assigns; 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 March 15, 2013 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 Cannon County, Tennessee, being Lot 37, on the final plat Resubdivision of Lots 37, 38, & 39, Eastland Heights Addition, as shown on plat of record in Plat Cabinet 3, Slide 3-38B, in the Register's Office, Cannon County, Tennessee, to which plat reference is hereby made for a more particular description of said property.
ALSO KNOWN AS: 221 East High Street, 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: Scott Gallup
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. 846 231319
DATED February 7, 2013
WILSON & ASSOCIATES, P.L.L.C.,
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
Insertion Dates: February 19, 2013, February 26, 2013, March 5, 2013
NOTICE OF 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 March 29, 2013 at 12:00 p.m. (noon) local time 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 and deed of trust were assigned to Colonial Loan Association, Inc.
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 February 21, 2013.
Wm. Stanton Massa, III
Attorney at Law
P.O. Box 1515
Morristown, TN 37816-1515
PH# (423) 317-8555
Publication Dates: February 27, 2013, March 6, 2013 and March 13, 2013.
TRUSTEE'S NOTICE OF SALE OF REAL ESTATE
KNOW ALL MEN BY THESE PRESENTS:
That, Whereas, on September 10, 2010, by Deed of Trust of record in Record Book 128, page 150, in the Register's Office of Cannon County, Tennessee, said instrument being recorded on September 13, 2010, JOSHUA DAVIS, did convey in trust unto Roy Nelson Pugh, 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, 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 Trustee to foreclose said Deed of Trust.
Now, therefore, by virtue of the authority in me vested, under said instruments, I will, on Tuesday, March 26, 2013 at 12:30 p.m. prevailing time, offer for sale at the west door of the Cannon County Courthouse in 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 11th Civil District of Cannon County, Tennessee, and being described as follows:
Beginning on a P K nail in the West margin of East Main Street of Auburntown at the intersection of the North margin of Marshall Creek Road at the SE corner of this tract; thence with the Road North 60 degrees 43 minutes 39 seconds West 204.72 feet; thence leaving the Road North 29 degrees 15 minutes 42 seconds East 141.07 feet to a fence corner; thence with the fence North 62 degrees 07 minutes 34 seconds West 170.20 feet; thence South 27 degrees 30 minutes 40 seconds West 155.42 feet to a pin in the North margin of Marshall Creek Road; thence with the Road South 77 degrees 11 minutes 00 seconds West 35.49 feet; thence leaving the Road North 27 degrees 53 minutes 27 seconds East 59.16 feet to a pin in a fence line; thence with the fence North 62 degrees 33 minutes 17 seconds West 302.51 feet; thence South 28 degrees 08 minutes 43 seconds West 25.83 feet; thence North 62 degrees 32 minutes 15 seconds West 197.42 feet; thence North 19 degrees 30 minutes 42 seconds East 96.44 feet; thence North 68 degrees 27 minutes 16 seconds West 160.01 feet to the S W corner of this tract at a fence corner; thence with the fence North 42 degrees 10 minutes 28 seconds east 433.23 feet; thence South 59 degrees 05 minutes 01 seconds East 409.08 feet thence leaving the fence South 28 degrees 38 minutes 58 seconds West 131.50 feet; thence South 58 degrees 36 minutes 02 seconds East 152.00 feet to a pin in the West margin of East Main Street; and, thence with the Street South 29 degrees 52 minutes 55 seconds West 172.10 feet to the point of beginning containing 7.34 acres, more or less.
DEED REFERENCE: Being the same lands described in a conveyance from Travis Hancock and wife, Elizabeth Hancock to Joshua Davis of record in Record Book 128, page 147, Register’s Office of Cannon County, Tennessee. Also, see Warranty Deed from Joshua William Davis to Amanda Jo Sweeney creating an estate by the entirety of record in Record Book 138, page 192, Register’s Office of Cannon County, Tennessee.
The above-described property is subject to all restrictions, covenants, easements, and set back lines that are applicable of record in Deed Book 161, page 180, Register’s Office of Cannon County, Tennessee.
This property has a street address of: 165 East Main Street, Auburntown, TN 37016.
Map 7, Parcel 6.00.
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 Trustee reserves the right to postpone or set over the date of sale in the event the 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 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 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 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.
Said sale is subject to any and all unpaid taxes, restrictive covenants, restrictions, easements and setback lines, and any and all prior liens or encumbrances against said property.
The purchaser will assume the payment of any and all unpaid taxes, including, but not limited to the taxes for 2013.
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 20th day of February, 2013.
ROY NELSON PUGH, TRUSTEE
FOR LIBERTY STATE BANK
BRATTEN HALE COOK II
Attorney for Liberty State Bank
104 North Third Street
Smithville, TN 37166
cc: Mr. Joshua Davis - Certified Mail & Regular Mail
165 East Main Street
Auburntown, TN 37016
Ms. Amanda Jo Sweeney - Certified Mail & Regular Mail
165 East Main Street
Auburntown, TN 37016
Publication Dates: February 27, 2013, March 6, 2013 and March 13, 2013.