Legal/Public Notices for 04-12-2011
Monday, April 11, 2011 7:10 am 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 January 25, 2008, executed by HUGH GREGORY BROWN AND TEYA M BROWN, HUSBAND AND WIFE, conveying certain real property therein described to MATT B. MURFEE as same appears of record in the Register’s Office of Cannon County, on February 4, 2008, as Instrument No. 29612, in Book 107, at Page 353; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING, LP, 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, RECONTRUST COMPANY, N.A., having been appointed by BAC HOME LOANS SERVICING 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 April 20, 2011, 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: Being Lot No. Thirteen (13) and the West portion of Lot Number Fourteen (14) situated in Forrest Park Subdivision (Section I), as shown of record in Plat Book 1, Page 43, Register’s Office for Cannon County, Tennessee, as specifically described as beginning on an iron pin in the South margin of Terrace Lane, this being Bryson’s, formally Alexander’s Northwest corner; running thence with Terrace Lane S 45 deg. 40’ W. 65 feet to an iron pin; running thence with Terrace Lane S 89 deg. 20’ W, 75 feet to an iron pin in Bowman’s formerly Parker’s Northeast corner; running thence with Bowman formerly Parker S 4 deg. 35’ W. 147 feet to an iron pin at former Tenpenny line; running thence with formaly Tenpenny-Hall-Reed line S 87 deg 25’ E, 156 feet to an iron pin in Bryson’s line; and running thence with Bryson’s line N 1 deg. 35’ W, 159.5 feet to the point of beginning, in accordance with a survey prepared by Joseph J. Kruthaup, Registered Surveyor No. 152, on September 5, 1969. PROPERTY ADDRESS: The street address of the property is believed to be 105 TERRACE LANE, 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): HUGH GREGORY BROWN AND TEYA M. BROWN OTHER INTERESTED PARTIES: N/A 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: (805) 553-6392, TS# 10-0097036, FEI# 1006.109839 03/29/2011, 04/05/2011, 04/12/2011 SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on May 10, 2011 at 12:00PM local time, at the north door, Cannon County Courthouse, Woodbury, Tennessee pursuant to Deed of Trust executed by MICHAEL LYNN PERRY AND WIFE, DEBRA PERRY, to Chris Anderson, Trustee, on September 14, 2005 at Book 78, Page 83; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Cannon County Register’s Office. Owner of Debt: Deutsche Bank National Trust Company as Trustee for HSI Asset Securitization Corporation 2006-OPT1 Mortgage Pass-Through Certificates, Series 2006-OPT1 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 Sixth (6th) Civil District of Cannon County, Tennessee, to wit: Lot Number Five (5) located in the Bill Williams Subdivision, a plat of which appears in Plat Book 1, Page 59, Register’s Office of Cannon County, Tennessee. As shown by the plat, Lot Number 5 has a frontage of 81 feet on U.S. Highway 70S a backline of 83 feet, an East boundary line of 74 feet and a West boundary line of 174 feet. Street Address: 402 Murfreesboro Road, Woodbury, Tennessee 37190 Current Owner(s) of Property: Michael Lynn Perry and Wife, Debra Perry Other interested parties: Option One Mortgage Corporation and Option One Mortgage Corporation The street address of the above described property is believed to be 402 Murfreesboro Road, 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 herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. 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. 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 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. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 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. 08-003832 3t-April 12, 19, 26 NOTICE OF FORECLOSURE WHEREAS, by Deed of Trust dated January 23, 2004, of record in Record Book 53, page 716, Register's Office of Cannon County, Tennessee, MARK A. CATES AND CATHIE M. CATES, HUSBAND AND WIFE, did convey unto T. MIKE ESTES, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and WHEREAS, by Deed of Trust dated July 14, 2008, of record in Record Book 112, page 365, Register's Office of Cannon County, Tennessee, MARK A. CATES AND CATHIE M. CATES, HUSBAND AND WIFE, did convey unto T. MIKE ESTES, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and WHEREAS, WYATT BURK was appointed Substitute Trustee by Appointment of Substitute Trustee of record in Record Book 131, page 292, and Record Book 131, page 291, Register's Office of Cannon County, Tennessee; and WHEREAS, the said real estate described in said Deeds of Trust is as follows: Situate in the Second (2nd) Civil District of Cannon County, Tennessee, being a tract of land bounded on the North and West by the lands of Joe L. Reedy, deceased, on the East by the lands of Russell E. Tate, on the South and East by the lands of Jackie Reedy, and being on the North side of Hollis Creek Road located between Jim Bugg Road and Preston Hollow Road. BEGINNING at a point in the center of said Hollis Creek Road at the prolongation in a Southerly direction of the westerly line of a tract of land conveyed by Helen T. Reedy, widow to Jackie Reedy, et ux in Record Book 2, Page 371, R.O.C.C.TN.; thence based on the magnetic meridian determined in 2002; along the center of said Hollis Creek Road as presently paved, N 69º 11' 15" W 77.62 feet to a nail set in the said pavement; thence continuing along the center of the said Hollis Creek Road, as presently paved, N 63º 07' 29" W 85.86 feet to a nail set in the said pavement; thence continuing along the center of the said Hollis Creek Road, as presently paved, N 60º 45' 56" W 244.41 feet to a nail set in the said pavement; thence continuing along the center of Hollis Creek Road, as presently paved, N 62º 04' 04" W 133.91 feet to a point; thence leaving said road near and Southerly of the Southerly line of the said Joe L. Reedy, deceased, described as being tract No. 2 containing 41 acres, more or less conveyed by Jesse W. Reedy, et al by deed recorded in Deed Book 97, Page 308, R.O.C.C.TN. The said Southerly line of lands of Joe L. Reedy, deceased, is further described as being near a Westerly line of a tract of land containing 25 acres, more or less, conveyed to Cecil A. Reedy, et ux by Joe L. Reedy, et al by deed recorded in Deed Book 65, Page 314, R.O.C.C.TN. This course passes over an iron pin set at the South end of a wire fence 29.64 feet from the 5th corner of the herein described tract and in part along the said fence near to and Southerly of a gravel driveway N 77º 53' 26" E a total of 157.25 feet to an iron pin set at an angle in the said fence; continuing along the said wire fence Easterly of the said 41 acre tract N 09º 49' 59" E 87.59 feet to an iron pin set at an angle in the said fence at a 16 inch elm tree; thence continuing along the wire fence S 88º 36' 42" E 16.08 feet to an iron pin set at an angle in the fence at an 8 inch mulberry tree; thence continuing along the said wire fence and Easterly of the easterly bank of a gully N 26º 36' 00" E 114.93 feet to an iron pin set in the line of said wire fence; thence continuing along said wire fence and Easterly of the bank of said gully N 45º 10' 50" E 174.44 feet to an iron pin set in the line of said wire fence; thence continuing along the said wire fence and Easterly of the bank of the said gully N 48º 23' 44" E 100.68 feet to an iron pin set in the line of said wire fence; thence continuing along the wire fence and Easterly of the gully N 45º 34' 33" E 106.55 feet to an iron pin in the wire fence; thence continuing with the wire fence and Easterly bank of the gully N 40º 09' 59" E 149.16 feet to a nail set in the root of a tree; thence continuing along the wire fence and Easterly bank of the gully N 28º 05' 04" E 191.34 feet to an iron pin set in the line of the said wire fence; thence continuing along the wire fence and Southerly bank of the gully N 64º 41' 33" E 169.38 feet to an iron pin set in the line of the wire fence at an 8 inch white oak tree; thence along the wire fence and Southerly bank of the gully N 80º 28' 26" E 116.20 feet to a nail set in the base of a tree in the line of said wire fence; thence continuing along the wire fence and Southerly bank of the gully S 81º 02' 49" E 121.47 feet to a nail set in the root of a 30 inch hickory tree in the line of said wire fence; thence continuing along the wire fence and bank of the gully S 89º 13' 48" E 116.49 feet to an iron pin set at an 8 inch pin oak tree in the line of the wire fence; thence continuing along the wire fence and bank of gully N 70º 35' 02" E 130.94 feet to an iron pin set at an 8 inch elm tree in the line of the wire fence; thence continuing along the wire fence and the Southerly line of the 41 acre tract S 53º 26' 05" E 48.54 feet to an iron pin set at a 24 inch white oak tree in the line of the wire fence; thence continuing along the wire fence and Southerly line of the 41 acre tract S 88º 42' 56" E 277.18 feet to an iron pin set at a corner fence post in the westerly line of a tract containing 49.095 acres of Tate by Record Book 3, Page 269, R.O.C.C.TN.; thence along the Westerly line of Tate generally with a wire fence S 06º 21' 08" W 392.83 feet to an iron pin set at an angle point at a 14 inch hickory tree; thence continuing along the Westerly line of Tate generally a wire fence S 28º 14' 11" W 639.47 feet to an iron pin set near a tall iron pipe at the NE corner of a 4.15 acre tract of Jackie Aaron Reedy by Deed Book 141, Page 155, R.O.C.C.TN. said iron pin is N 28º 46' 20" E 421.68 feet from an iron pin at the SE corner of the said 4.15 acre tract in the dividing line of the lands of Tate on the Northerly side of Hollis Creek Road; thence along the Northerly line of said 4.15 acre tract and the Northerly line of Jackie Reedy N 69º 28' 13" W 500.47 feet to an iron pin set near a tall iron pipe, a marker; thence along the Northerly line of Reedy N 69º 28' 24" W 151.44 feet to an iron pin set at the NW corner of this tract; thence along the Westerly line of said tract parallel with the Easterly course of the 4.15 acre tract and passing over an iron pin set at 404.48 feet S 28º 46' 42" W a total of 424.10 feet to the point of beginning, containing 22.97 acres, more or less, according to survey Eugene J. O'Neal, R.L.S. #1852, 533 Rily Ave. Smithville, TN 37166 on August 26, 2002. For source of title to said realty reference is made to Warranty Deed from Dale Bush, et ux et al to Mark A. Cates and wife, Cathie M. Cates, dated January 23, 2004 and recorded on January 23, 2004 in Record Book 53, Page 712, Register's Office, Cannon County, Tennessee. THIS property is subject to and includes any and all lawful easements, set-back lines, restrictions, etc. of record and applying to the within described property and to the zoning regulations of the appropriate governmental body. WHEREAS, FARM CREDIT SERVICES OF MID-AMERICA, FLCA is the owner and holder of the notes secured by said Deeds of Trust hereinabove referred to; and WHEREAS, said Deeds of Trust were made to secure the payment of notes therein set out and contained the power to sell in the case of default in the payment of said notes and interest at maturity; and WHEREAS, the makers of said notes have defaulted in the payments thereof, and the owner and holder of said notes has declared the entire amounts due and payable and has requested the undersigned to foreclose said Deeds of Trust according to their terms in order to collect said notes. NOW, THEREFORE, I, the undersigned WYATT BURK, SUBSTITITE TRUSTEE will, in accordance with the terms set out in the Deeds of Trust above referred to, on May 4, 2011, at 11:00 A.M., CST, at the door of the Cannon County Courthouse, offer for sale and sell the above-described real estate at public auction to the highest and best bidder for cash in bar of equity of redemption and free from homestead and dower, all in accordance with the provisions of said Deeds of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding real estate taxes; any applicable easements and restrictions; and prior liens or mortgages, if any Other interested parties: n/a The right is reserved to adjourn the day of the 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. The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said Deeds of Trust. Said Deeds of Trust are made a part hereof as if copied verbatim herein. This sale of the Property shall be subject to any and all taxes, easements, restrictions, building lines, and assessments (plus penalty and interest, if any), and any redemptive rights of any governmental agency, State or Federal (including redemptive rights of any taxing authority by reason of any tax liens), plus any and all other matters and encumbrances superior in right to the lien of the Deeds of Trust, as well as any priority created by fixture filing, and any applicable City and/or County zoning ordinances as now affect or as may later affect the parcel. If the U. S. Department of the Treasury/Internal Revenue Service, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Work Force 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 right to redeem the property, all as required by 26 U.S.C. 7425 and T.C.A. 67-1-1433. "If applicable, the notice requirements of TCA §35-5-117 have been met". The address of the property is believed to be 3643 Hollis Creek Road, Woodbury, TN 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 herein shall control. This property is further identified as being MAP 052 AND PARCEL 10.00 on the records of the Tax Assessor of Cannon County, Tennessee. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This 1st day of April, 2011. Wyatt Burk, Substitute Trustee BOBO, HUNT, WHITE & NANCE 111 W. Side Square Shelbyville, Tennessee 37160 (931) 684-3327 ATTORNEYS FOR SUBSTITUTE TRUSTEE To be published 4-11, 4-18 & 4-25, 2011 NOTICE TO CREDITORS Estate of JOHN MORRIS Mccollum Notice is hereby given that on the 28th day of March, 2011, letters testamentary in respect of the estate of John Morris McCollum 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 28thth day of March, 2011. CAROLYN M. NANCE AND LUCY M. CHURCH Co-Executrix of the estate of John Morris McCollum, deceased William H. Bryson, Clerk & Master Susan Melton, Attorney 2t-April 12, 19 NOTICE TO CREDITORS Estate of DAVID MICHAEL RETIKA Notice is hereby given that on the 28th day of March, 2011, letters of administration in respect of the estate of David Michael Retika, 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 28thth day of March, 2011. DAVID C. RETIKA Administrator of the estate of David Michael Retika, deceased William H. Bryson, Clerk & Master Susan Melton, Attorney 2t-April 12, 19 Ambulance Service Accepting Bids The Cannon County Ambulance Service is accepting bids for three (3) motorized ambulance stretchers with accessories. Specs can be viewed at the Cannon County Ambulance Service. Bids will be open at 12:00 noon Friday, April 15. Cannon County Ambulance Service has the right to accept or reject any and all bids. 3t-Mar. 29, Apr. 5, 12 COUNTY COMMISSION MEETING The Cannon County Board of Commissioners will meet in regular session on Saturday, April 16, 2011 at 10:00 a.m. in the Courtroom of the Cannon County Courthouse. Agenda for April 16, 2011 1. Call to order 2. Roll call 3. Reading and approval of minutes 4. Reports of County Officials 5. Election of Notaries 6. Budget Amendments - Board of Education 7. Budget Amendments - County General - Sheriff’s Department 8. Budget Amendments - Solid Waste 9. Budget Amendments - Highway Department 10. Resolution 2011-3 - Second Reading - Removal of Law Enforcement Powers of the Office of Constable in Cannon County 11. Resolution 2011-4 - Formation of County Audit Committee 12. Reconsideration of Building Codes for Cannon County 13. Name bridge on Cavendar Road, Bridge # 080A0610001, the Margie Vinson Memorial Bridge 14. Renaming the Cannon County Fairgrounds the Joe Wimberly Memorial Fairgrounds in memory of the late Cannon County Commissioner Joe Wimberly 15. Resolution 2011-5 - Resolution 2011-6, authorizing the issuance, sale and payment of three year Capital Outlay Notes 16. Other Business 17. Adjourn MIKE GANNON Executive, Cannon County BID NOTICE The Upper Cumberland Buying Group / School Nutrition Program’s (representing 11 counties) request bids for Main Food, Non Food Supplies & Bread categories for the July 2011 - June 2012 school year from qualified bidders. Bid packets will be available April 12, 2011. For more information contact Cheryl Tate at 931-692-3467 ext 101. BID DEADLINE IS MAY 23, 2011. In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992 (Voice). Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer. 1t-April 12 BID NOTICE The Upper Cumberland Buying Group / School Nutrition Program's (representing 11 counties) request bids for Main Food, Non Food Supplies & Bread categories for the July 2011 - June 2012 school year from qualified bidders. Bid packets will be available April 12, 2011. For more information contact Cheryl Tate at 931-692-3467 ext 101. BID DEADLINE IS MAY 23, 2011. In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992 (Voice). Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer. 1t-April 12
|