Public Notices, 9-4-2013
Tuesday, September 3, 2013 1:52 pm
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
WHEREAS, default having been made in the payment of the debts and obligations secured by that certain Real Estate Deed of Trust for Tennessee executed on March 13, 1989, by Timothy H. Heery and wife, Linda D. Heery to Johnny V. Crow, Trustee, as same appears of record in the Register's Office of Cannon County, Tennessee in Book 91, Page 395, ("Deed of Trust"); and
WHEREAS, the beneficial interest of said Deed(s) of Trust is the United States of America, acting by and through the United States Department of Agriculture ("USDA"); and
WHEREAS, USDA, the current owner and holder of said Deed(s) of Trust appointed Jerry Jolley as Substitute Trustee by instrument filed for record in the Register's Office of Cannon County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed(s) of Trust; and
NOW THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed(s) of Trust by USDA, and Jerry Jolley as Substitute Trustee, or duly appointed agent, pursuant to the power, duty, and authorization in and conferred by said Deed(s) of Trust, will on Wednesday September 25, 2013, commencing at 10:00 AM. at the north door of the Cannon County Courthouse Woodbury, Tennessee, proceed to sell at public outcry to the highest bidder either for cash or 10 per cent of the high bid price as a non-refundable deposit with balance due within ten (10) days of sale, (and if such balance goes unpaid, USDA will retain the deposit and re-foreclose) the following described property lying and being in the 11th Civil District in Cannon County, Tennessee to wit:
"A metes and bounds description of the property is included in the deed referenced below."
007 03500 000042
PROPERTY ADDRESS: 220 W. Main St. Auburntown TN 37016
CURRENT OWNERS: Timothy H. Heery and Linda Heery
Being the same property conveyed to Timothy H. Heery and wife, Linda Heery by deed of record in Deed Book 150, Page 120, in the said Register's Office.
The sale of the above-described property shall be subject to all matters shown on any recorded plan; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and any matter that an accurate survey of the premises might disclose.
PARTIES INTERESTED: North Star Capital Acquisition, LLC
All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed(s) of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
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.
390 South Lowe, Suite K
Cookeville, TN 38501
Publication Dates: 09/04/13, 09/11/13 and 09/18/13
NOTICE TO CREDITORS
SHIRLEY ANN LOGAN, deceased
Notice is hereby given that on the 26th day of August, 2013, letters of administration in respect of the estate of Shirley Ann Logan, 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 first publication of this notice, otherwise their claims will be forever barred.
This 26th day of August, 2013.
Janice Guilstorf and Tina Barnes, Co-Administratrix of the estate of Shirley Ann Logan, deceased
William H. Bryson, Clerk & Master
Susan Melton, Attorney
2t-Sept. 4, 11
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
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
File No. 10-003899
3t-Aug. 28, Sept. 4, 11
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
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.
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