Public Notices, 8-28-2013
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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 October 24, 2008, and the Deed of Trust of even date securing the same, recorded October 24, 2008, at Book 114, Page 507 in Office of the Register of Deeds for Cannon County, Tennessee, executed by Michael R. Bryson, Jr., conveying certain property therein described to Andrew C. Rambo as Trustee for Mortgage Electronic Registration Systems, Inc. as nominee for First Community Mortgage, Inc., its 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 September 20, 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:

Located, lying and being in the 5th Civil District of Cannon County, Tennessee, and being more particularly described as follows, to wit: 

Beginning at an iron pin on the Easterly margin of Tennessee Highway 53, the same point being 450.00 feet from Ashmore's Northwest corner, the same being also the Southwest corner of the tract herein described. Thence with the East margin of Tennessee Highway 53, North 4 degrees 37 minutes 39 seconds East, 150.00 feet to an iron pin; thence, leaving the road and following Duke's South boundary line South 84 degrees 08 minutes 19 seconds East, 241.00 feet to an iron pin in Dodd's West boundary line. Thence with the same South 4 degrees 39 minutes 26 seconds West, 137.00 feet to an iron pin. Thence with Jackson's North boundary line North 87 degrees 13 minutes 47 seconds West, 241.00 feet to the point of beginning.

ALSO KNOWN AS:  9627 Jim Cummings Highway, Bradyville, Tennessee 37026

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:  Michael R. Bryson, Jr.

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. 700 191321

DATED August 14, 2013

 

WILSON & ASSOCIATES, P.L.L.C.,

Successor Trustee

DSaleNoticeTN-Shellie_asims_130814_1553

 

FOR SALE INFORMATION, VISIT WWW.MYFIR.COM

and WWW.REALTYTRAC.COM

 

 

Insertion Dates: August 27, 2013, September 3, 2013, September 10, 2013

 

 

 

 

This Instrument Prepared By:

Lee & Lee Attorneys at Law, P.C.

109 East Gay Street

Lebanon, TN  37087

 

FORECLOSURE SALE NOTICE

 

WHEREAS, M. Shawn Prince, by a Deed of Trust, dated August 18, 2005, of record in Record Book 77, Page 1, and Modification dated March 26, 2007 of record in Record Book 97, Page 104, and Modification dated August 7, 2009 of record in Record Book 121, Page 41, all in the Register's Office for Cannon County, Tennessee, conveyed to Randall Clemons, 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 147, Page 830, 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 September 20, 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 008  PARCEL 030.00   

TRACT 1:

Located in the 11th Civil District of Cannon County, Tennessee, bounded on the north by Ronald Minnick (Deed Book 173, Page 223) and Richard D. Mayer (Deed Book 106, Page 42); on the east and south by Tract 2 of this survey; and on the west by Hurricane Creek Road, containing 7.81 acres, more or less. 

TRACT II:

Located in the 11th Civil District of Cannon County, Tennessee, bounded on the north by Richard D. Mayer (Deed Book 106, Page 42); on the east and south by Tract 3 of this survey; and on the west by Tract I of this survey and Hurricane Creek Road containing 10.49 acres, more or less.

Being the same property conveyed to M. Shawn Prince by Warranty Deed dated April 9, 2004 of record in Record Book 56, Page 713, Register's Office of Cannon County, Tennessee.

Subject property has the address of 5626 Hurricane Creek Road, Woodbury, TN 37016

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 NONE.

THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.

THIS 9th day of August, 2013                                       

Robert Evans Lee, Substitute Trustee

Lee & Lee Attorneys at Law, P.C.

09 East Gay Street

Lebanon, TN  37087

615-444-3900

 

Run: August 28, 2013, September 4, 2013, September 11, 2013

 

TRUSTEE'S NOTICE OF SALE OF REAL ESTATE

KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, on January 13, 2009, by Deed of Trust of record in Record Book 116, page 78, in the Register's Office of Cannon County, Tennessee, said instrument being recorded on January 22, 2009, ALAN B. HAYES, did convey in trust unto Roy Nelson Pugh, Lebanon, 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, September 10, 2013, at 11:30 a.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 6th Civil District of Cannon County, Tennessee, and being described as follows:

Beginning at an iron rod found along the western margin of Hoover Mill Road, the southeast corner of Grace Assembly of God (DB 164 Pg 419), and the northeast corner of the herein described tract; Thence leaving the Grace Assembly of God property along the western margin of Hoover Mill Road with a curve turning to the right with an arc length of 119.85', with a radius of 290.02', with a chord bearing of S 10 degrees 19' 30" W, with a chord length of 119.00' to a point; Thence, S 24 degrees 55' 22" W a distance of 86.83' to a point; Thence with a curve turning to the left with an arc length of 179.41', with a radius of 283.11', with a chord bearing of S 11 degrees 08' 58" W, with a chord length of 176.42' to a point; Thence, S 01 degree 02' 14" E a distance of 31.35' to an iron rod set along the western margin of Hoover Mill Road; Thence leaving the margin of Hoover Mill Road in a new division line, S 86 degrees 21' 50" W a distance of 223.68' to an iron rod set; Thence N 27 degrees 51' 32" W a distance of 162.65' to an iron rod set; Thence, N 40 degrees 01' 20" E a distance of 199.69' to an iron rod set; Thence N 30 degrees 21' 04" E a distance of 161.68' to an iron rod set in the southern line of Grace Assembly of God property; thence along the southern line of Grace Assembly of God property, S 83 degrees 06' 49" E a distance of 181.90' to the point of Beginning, having an area of 105,295.1 square feet, 2.42 acres, according to a survey by Precision Surveying LLC on 07/18/05.

IN ADDITION TO THE ABOVE-DESCRIBED PROPERTY, THE GRANTORS ALSO CONVEY UNTO THE GRANTEE, HIS HEIRS AND ASSIGNS, THE FOLLOWING THREE (3) EASEMENTS:

(1.) SEPTIC EASEMENT DESCRIPTION AS FOLLOWS:

Beginning at a point in the western line of Lot 1; said point lies S 75 degrees 47' 36" W, 233.66' from an iron rod found, the southeast corner of Grace Assembly of God (DB 164 Pg 419); Thence, S 30 degrees 38' 54" W a distance of 20.00' to a point; Thence severing the property of Bobbie M. and Betty Sue Hayes (DB 102 Pg151), N 59 degrees 21' 06" W a distance of 45.67' to a point; Thence, S 68 degrees 43' 40" W a distance of 396.98' to a point; Thence, S 21 degrees 16' 20" E a distance of 93.45' to a point; Thence, N 80 degrees 00' 45" W a distance of 57.28' to a point; Thence, S 31 degrees 00' 13" W a distance of 65.74' to a point; Thence, N 26 degrees 52' 51" W a distance of 92.87' to a point; Thence, N 20 degrees 07' 49" E a distance of 27.82' to a point; Thence, N 62 degrees 05' 52" E a distance of 92.25' to a point; Thence, N 68 degrees 43' 40 E a distance of 406.72' to a point; Thence, S 59 degrees 21' 06" E a distance of 55.41' to the point of Beginning, having an area of 19103.8 square feet, 0.44 acres, according to a survey by Precision Surveying LLC on 07/18/05.

(2.) WATER LINE EASEMENT DESCRIPTION AS FOLLOWS;

Beginning at a point along the western line of Lot 1; said point lies S 70 degrees 22' 12" W, 259.20' from an iron rod found, the southeast corner of Grace Assembly of God (DB 164 Pg 419); Thence, S 30 degrees 38' 54" W a distance of 20.00' to a point; Thence severing the property of Bobbie M. and Betty Sue Hayes (DB 102 Pg151) and (DB 110 Pg 230), N 59 degrees 21' 06" W a distance 26.15' to a point; Thence, S 42 degrees 24' 58" W a distance of 469.87' to a point; Thence, S 60 degrees 00' 21" W a distance of 366.13' to a point in the eastern margin of Hollis Creek Road; Thence with the eastern margin of Hollis Creek Road, N 29 degrees 59' 39" W a distance of 20.00' to fence corner post, the southwest corner of Hayes (DB 110 Pg 230); Thence leaving the eastern margin of Hollis Creek Road, N 60 degrees 00' 21" E a distance of 363.04' to a point; Thence, N 42 degrees 24' 58" E a distance of 483.03' to a point; Thence, S 59 degrees 21' 06" E a distance of 42.41' to the point of beginning, having an area of 17505.6 square feet, 0.40 acres, according to a survey by Precision Surveying LLC on 07/18/05.

(3.) ELECTRIC SERVICE EASEMENT DESCRIPTION AS FOLLOWS:

Beginning at a point along the western line of Lot 1; said point lies S 72 degrees 31' 06" W, 248.18' from an iron rod found, the southeast corner of Grace Assembly of God (DB 164 Pg 419); Thence, S 30 degrees 38' 54" W a distance to 25.46' to a point; Thence, S 82 degrees 25' 39" W a distance of 71.15' to a point; Thence, N 42 degrees 24' 58" E a distance of 31.11' to a point; Thence, N 82 degrees 25' 39" E a distance of 63.07' to the point of beginning, having an area of 1,342.3 square feet, 0.03 acres, according to a survey by Precision Surveying LLC on 07/18/05.

DEED REFERENCE: Being the same property conveyed from Bobbie M. Hayes and wife, Betty Sue Hayes to Alan B. Hayes, of record in Record Book 87, page 349, Register's Office of Cannon County, Tennessee.

LOCATED UPON THE ABOVE-DESCRIBED PROPERTY, AND BEING PERMANENTLY AFFIXED THERETO, AND CONVEYED HEREWITH THE FOLLOWING MOBILE HOME: 1999 SOUTHERN ENG DO8 mobile home 52 Ft. Length, 48 Ft. Width S/N #: DSEAL13013A B C

The property conveyed herein is subject to the Plat, easements and restriction, of record in Plat Cabinet 2 -Slide 2-140, Register's Office of Cannon County, Tennessee, and a Right of Way Easement from Bobbie M. Hayes and Betty Sue Hayes to Middle TN Electric Membership, under date of November 28, 1976, of record in Deed Book 106, page 118, Register's Office of Cannon County, Tennessee.

This property has a street address of: 792 Hoover Mill Road, Woodbury, TN 37190.

Map 45 Parcel 8.01.

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 the payment of 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 5th day of August, 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: Alan B. Hayes - Regular Mail & Certified Mail

792 Hoover Mill Road

Woodbury, TN 37190

3t-Aug. 14, 21, 28

 

 

 

 

 

SUBSTITUTE TRUSTEE'S SALE

Default having been made in the payment of the debts and obligations secured to be paid by a certain Deed of Trust executed August 30, 2002 by Deborah Prater, and Virgina Briggs, as Joint Tenants to Arnold M. Weiss, Attorney, as Trustee, as same appears of record in the office of the Register of Cannon County, Tennessee, in Record Book 32 Page 549, and the undersigned having been appointed Substitute Trustee by instrument recorded, in the said Register's Office, and the owner of the debt secured, The Bank of New York Mellon Fka The Bank Of New York As Trustee For The Certificateholders Of Cwmbs, Inc., Alternative Loan Trust 2002-15cb, Mortgage Pass-Through Certificates, Series 2002-28, having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that the undersigned will, on Wednesday, September 18, 2013 commencing at 02:00 PM, at the Main Front Door of the Courthouse, Woodbury, Cannon County, Tennessee proceed to sell at public outcry to the highest and best bidder for cash, the following described property, to wit:

Situated in County of Cannon, State of Tennessee.

Being Lot Number Five (5) on the Plan of D & M Subdivision, Section II, of record in Plat 1-1-193B, Register's Office of Cannon County, Tennessee, and being more particularly described as follows: Beginning on a new iron pin located in the South margin of the Right of Way of Cemetery Road (a.k.a. Prater Road); said iron pin being the Northeast corner of Lot 4 and the Northwest corner of the property herein described; thence with said road South 86° 08 min. 52 sec. East 31.06 feet to a new iron pin, South 85° 36 min. 02 sec. East 93.94 feet to a new iron pin located in the boundary line of the property of Jerry Young; thence with Young's line, a fence, South 4° 52 min. 14 sec. West 172.59 feet to a new iron pin, South 0° 07 min. 01 sec. East 120.84 feet to a new iron pin, South 0° 55 min. 55 sec. West 259.13 feet to an old iron pin located on a corner of the property of Vernon Reed; thence with Reed's line North 70° 01 min. 14 sec. West 128.51 feet to a new iron pin located on the Southeast corner of Lot 4; thence with the East boundary line of said Lot  North 1° 38 min. 01 sec. East 517.49 feet to the point of beginning, containing 1.47 acres +- according to a survey conducted by Tennessee Land Surveying Company, Larry Knott, Tenn. PLS No. 968, on March 22, 2000. The Manufactured home described below located at the below referenced address is permanently affixed to a foundation and will assume the characteristics of site-built housing. 2002 Cavalier Powerhouse Mobile Home Serial Number CV02AL0258846A/B.

Tax Parcel ID: 065-073.00

Property Address: 5 Prater Road, Woodbury, TN.

Other Interested Parties: First National Bank

All right and equity of redemption, homestead and dower 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.

                                                            ARNOLD M. WEISS, Substitute Trustee

Weiss Spicer Cash PLLC                    

208 Adams Avenue

Memphis, Tennessee 38l03

90l 526 8296

File # 1701-0106362-FC

Bank of America/Deborah Prater    

Published: August 20, August 27, September 3

 

 

 

 

 

SUBSTITUTE TRUSTEE'S SALE

 

Sale at public auction will be on September 26, 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 Tammy Pendergrast, not stated, to Harold D. King, Trustee, on July 25, 2008 at Record Book 112, Page 623; all of record in the Cannon County Register's Office.

Party entitled to enforce security interest: Beneficial Tennessee, Inc., 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 the Tenth (10th) and Fifteenth (15th) Civil Districts of Cannon County, Tennessee, to wit:

Part of the eastern portion of Tract  Number A of an unrecorded survey of the Peter Roode Farm in 1979 by Petty and Petty, Tennessee Registered Surveyors Number 56.

Street Address: 170 Occam Lane, Woodbury, Tennessee 37190

Parcel Number: 019-011.00

Current Owner(s) of Property: Tammy Pendergrast aka Tammy Sedtal

 The street address of the above described property is believed to be 170 Occam Lane, Woodbury, Tennessee 37190, 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 the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.

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. 10-003899

3t-Aug. 28, Sept. 4, 11

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