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Legal and Public Notices for 4/14/13 - Notice of Foreclosure (1)

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NOTICE OF FORECLOSURE

 

WHEREAS, default having been made in the payment of the debt and obligations, and in the terms and conditions provided for in that certain Deed of Trust, Security Agreement and Assignment of Rents and Profits (the “Original Deed of Trust”), dated July 12, 2007, to Kim Brown, Trustee, executed by WESTLAWN RESIDENTIAL, LLC, a Tennessee limited liability company (the “Debtor”), as same appears of record in Record Book 764, page 1539, Register’s Office for Rutherford County, Tennessee; and

WHEREAS, the Original Deed of Trust was amended by Amendment to Deed of Trust, Security Agreement and Assignment of Rents and Profits, of record in Record Book 775, page 2515, said Register’s Office, and assigned by Assignment of Deed of Trust and Assignment of Assignment of Rents, of record in Record Book 1206, page 2720, said Register’s Office (the “Amendments to Deed of Trust”; the Original Deed of Trust, as amended by the Amendments to Deed of Trust, being hereinafter collectively referred to as the “Deed of Trust”); and

WHEREAS, SOUTHEAST LOAN FUNDING SOLUTIONS, LLC, a Delaware limited liability company, is the beneficiary under the Deed of Trust; and

WHEREAS, the entire indebtedness secured by the above referenced Deed of Trust has been accelerated and is past due and unpaid; and,

WHEREAS, by instrument dated March 28, 2013, and of record in Record Book 1206, page 2723, Register’s Office for Rutherford County, Tennessee, the owner and holder of the debt secured by said Deed of Trust (hereinafter sometimes referred to as “Secured Party”) appointed Charles W. Cook as Successor Trustee, in accordance with the provisions contained in said Deed of Trust; and,

WHEREAS, as of February 5, 2013, at 8:00 a.m., there were no state or federal tax liens of record against the Debtor in the Register’s Office for Rutherford County, Tennessee.

NOW, THEREFORE, I, Charles W. Cook, as Successor Trustee, acting upon the request of the owner and holder of the debt secured by said Deed of Trust, and by virtue of the power and authority vested in me as Successor Trustee, give notice that I will on:

TUESDAY, APRIL 30, 2013

commencing at 10:30 o’clock a.m., at the front door of the Rutherford County Courthouse door where foreclosure sales are customarily held, Murfreesboro, Rutherford County, Tennessee, proceed to sell at public auction to the highest bidder for cash, and free from all equities of redemption, the statutory right of redemption, homestead, dower, and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following described real and personal property in Rutherford County, Tennessee (the “Mortgaged  Property” or the “Land”), which Mortgaged Property may be sold in whole or in part, to-wit:

Tract I:

Being a certain tract of land in the 7th Civil District of Rutherford County, City of Murfreesboro, Tennessee.  Bounded on the north by State Highway 840, and the State of Tennessee, of record in Deed Book 480, page 1289 and page 1287, Register's Office for Rutherford County, Tennessee (R.O.R.C., TN), bounded on the east by the State of Tennessee of record in Deed Book 480, page 1289, by Donald McDonald and Lassie M. Crowder of record in Deed Book 261, page 2724, R.O.R.C., TN and by the proposed Beesley Road, bounded on the south by proposed Shores Road and existing Shores Road. Bounded on the west by Walter Hunt and wife Terry Hunt, of record in Deed Book 411, page 2373, R.O.R.C., TN, and being more particularly described as follows:

Beginning at an iron rod (old) in Highway 840, said iron rod being the northeast corner of said Hunt property and the northwest corner of the subject tract; thence,

With the southerly right-of-way (r.o.w.) of Highway 840, north 83 degrees 39 minutes 33 seconds east, 334.20 feet to a 5/8" iron rod (old), said iron rod (old) is a common corner of the State of Tennessee and Highway 840; thence,

Leaving the southerly r.o.w. of Highway 840 and along the southerly line of the State of Tennessee property for the next 9 calls:

1. North 89 degrees 01 minutes 21 seconds east, 375.30 feet to a 5/8" iron rod (old), thence,

2. North 88 degrees 20 minutes 04 seconds east, 257.72 feet to a 5/8" iron rod (old), thence,

3. South 03 degrees 54 minutes 47 seconds west, 194.12 feet to a 5/8" iron rod (old), thence,

4. South 72 degrees 47 minutes 32 seconds east, 164.49 feet to a 5/8" iron rod (old), thence,

5. South 76 degrees 53 minutes 39 seconds east, 358.47 feet to a 5/8" iron rod (old), thence,

6. South 79 degrees 00 minutes 08 seconds east, 216.89 feet to a 5/8" iron rod (old), thence,

7. North 67 degrees 25 minutes 09 seconds east, 280.99 feet to a 5/8" iron rod (old), thence,

8. North 10 degrees 18 minutes 17 seconds west, 306.65 feet to a 5/8" iron rod (old), thence,

9. North 67 degrees 05 minutes 32 seconds east, 341.10 feet to a 5/8" iron rod (old), said iron rod being the northeast corner of the State of Tennessee property and a point in the southerly r.o.w. of Highway 840; thence,

With the south r.o.w. of Highway 840, south 84 degrees 36 minutes 22 seconds east, 233.78 feet to a 5/8" iron rod (old), said iron rod (old) being the northwest corner of State of Tennessee property and the northeasterly corner of the subject tract; thence,

With the westerly line of State of Tennessee property south 23 degrees 56 minutes 59 seconds east, 446.88 feet to a 5/8" iron rod (old), said iron rod (old) is the southwest corner of State of Tennessee property and a point in the westerly r.o.w. of the said proposed Beesley Road; thence,

With the westerly r.o.w. of said proposed Beesley Road, south 24 degrees 03 minutes 50 seconds east, 169.56 feet to an iron rod (new), said iron (new) is the northeast corner of said McDonald property; thence,

Leaving said proposed Beesley Road and with the northerly line of said McDonald property, south 61 degrees 03 minutes 13 seconds west, 299.92 feet to an iron rod (new), said iron rod (new) being the northwest corner of said McDonald property; thence,

South 28 degrees 20 minutes 50 seconds east, 270.00 feet to an iron rod (new), said iron rod (new) being the southwest corner of said McDonald property; thence,

North 61 degrees 41 minutes 54 seconds east, 277.61 feet to an iron rod (new); thence,

Along a curve to the left with an interior angle of 90 degrees 40 minutes 32 seconds, a radius of 25.00 feet, an arc length of 39.56 feet, and a chord bearing and distance of north 16 degrees 21 minutes 38 seconds east, 35.56 feet to an iron rod (new) in the west r.o.w. of said proposed Beesley Road; thence,

With the westerly r.o.w. of said proposed Beesley Road, south 28 degrees 59 minutes 00 seconds east, 132.00' feet to an iron rod (new); thence,

Leaving said proposed Beesley Road and with said commercial tract for the next 15 calls:

1. Along a curve to the left with an interior angle of 89 degrees 19 minutes 27 seconds, a radius of 25.00 feet, an arc length of 38.98 feet, and a chord bearing and distance of north 73 degrees 39 minutes 28 seconds west, 35.15 feet to an iron rod (new), thence,

2. South 61 degrees 41 minutes 54 seconds west, 358.48 feet, to an iron rod (new); thence,

3. Along a curve to the left with an interior angle of 05 degrees 33 minutes 45 seconds, a radius of 1500.00 feet, an arc length of 145.63 feet, and a chord bearing and distance of south 58 degrees 55 minutes 02 seconds west, 145.57 feet to an iron rod (new), thence,

4. South 56 degrees 08 minutes 09 seconds west, 112.43 feet to an iron rod (new), thence,

5. Along a curve to the left with an interior angle of 61 degrees 06 minutes 53 seconds, a radius of 18.00 feet, an arc length of 21.08 feet, and a chord bearing and distance of south 89 degrees 41 minutes 35 seconds west, 19.90 feet to an iron rod (new); thence,

6. South 56 degrees 08 minutes 09 seconds west, 30.55 feet to an iron rod (new); thence,

7. Along a curve to the right with an interior angle of 02 degrees 41 minutes 35 seconds, a radius of 1530.00 feet, an arc length of 71.91 feet, and a chord bearing and distance of south 57 degrees 28 minutes 56 seconds west, 71.91 feet to an iron rod (new), thence,

8. South 58 degrees 49 minutes 44 seconds west, 95.63 feet to an iron rod (new); thence,

9. South 34 degrees 49 minutes 55 seconds east, 146.14 feet to an iron rod (new),thence,

10. South 55 degrees 10 minutes 05 seconds west, 40.00 feet to an iron rod (new), thence,

11. South 34 degrees 49 minutes 55 seconds east, 1115.92 feet to an iron rod (new); thence,

12. North 52 degrees 25 minutes 42 seconds east, 588.06 feet to an iron rod (new), thence,

13. Along a curve to the left with an interior angle 03 degrees 19 minutes 50 seconds, a radius of 575.00 feet, an arc length of 33.43 feet, and a chord bearing and distance of north 50 degrees 45 minutes 47 seconds east, 33.42 feet to an iron rod (new), thence,

14. North 49 degrees 05 minutes 52 seconds east, 254.03 feet to an iron rod (new), thence,

15. Along a curve to the left with an interior angle of 89 degrees 19 minutes 08 seconds, a radius of 30.00 feet, an arc length of 46.77 feet, and a chord bearing and distance of north 04 degrees 26 minutes 18 seconds east, 42.17 feet to an iron rod (new), said iron rod being a southeasterly corner of said commercial tract and lying in the westerly r.o.w. of said proposed Beesley Road; thence,

With the westerly r.o.w. of said proposed Beesley Road, south 40 degrees 13 minutes 16 seconds east, 1006.93 feet to a 5/8" iron rod (old) lying in the northerly r.o.w. of said Shores Road; thence,

With the northerly r.o.w. of said proposed and existing Shores Road for the next 11 calls:

1. South 55 degrees 40 minutes 12 seconds west, 363.58 feet to an iron rod (new), thence,

2. South 82 degrees 53 minutes 46 seconds west, 27.76 feet to an iron rod (new); thence,

3. South 63 degrees 37 minutes 28 seconds west, 76.81 feet to an iron rod (new); thence,

4. North 83 degrees 07 minutes 29 seconds west, 1785.53 feet to an iron rod (new), thence,

5. Along a curve to the right with an interior angle of 1 degrees 25 minutes 53 seconds, a radius of 12398.62 feet, an arc length of 309.73 feet, and a chord bearing and distance of north 82 degrees 24 minutes 33 seconds west, 309.73 feet to an iron rod (new); thence,

6. North 81 degrees 41 minutes 37 seconds west, 645.30 feet to an iron rod (new); thence,

7. Along a curve to the left with an interior angle of 3 degrees 57 minutes 53 seconds, a radius of 2899.23 feet, an arc length of 200.61 feet, and a chord bearing and distance of north 83 degrees 40 minutes 33 seconds west, 200.57 feet to an iron rod (new), thence,

8. Along a curve to the right with an interior angle of 3 degrees 13 minutes 02 seconds, a radius of 5648.78 feet, an arc length of 317.18 feet, and a chord bearing and distance of north 84 degrees 02 minutes 58 seconds west, 317.14 feet, to an iron rod (new), thence,

9. North 82 degrees 26 minutes 27 seconds west, 105.34 feet to an iron rod (new), thence,

10. Along a curve to the left with an interior angle of 0 degrees 48 minutes 55 seconds, a radius of 22991.44 feet, an arc length of 327.11 feet, and a chord bearing and distance of north 82 degrees so minutes 54 seconds west feet, 327.10 feet to an iron rod (new), thence,

11. North 83 degrees 15 minutes 22 seconds west, 547.79 feet to a point, said point being a corner to the said Hunt property; thence,

With the east line of said Hunt property, north 13 degrees 01 minutes 45 seconds east, passing an iron rod (old) with cap stamped "hands" at 4.05 feet, for a total distance of 2107.32 feet to the point of beginning.

Containing 6,886,536 square feet, or 158.09 acres, more or less, as calculated by the above courses and distances.

Excluded from the above described property are the following two parcels (Tracts C and D):

Tract C:

A tract of land in the 7th Civil District of Rutherford County, City of Murfreesboro, Tennessee.  Being a triangular shaped tract of land that is bounded on the East by the westerly right-of-way line of Beesley Road. Bounded on the South by Donald McDonald and Lassie M. Crowder, of record in Deed Book 261, Page 2724, Register's Office, Rutherford County, Tennessee.  Bounded on the West by Kenneth Haynes, of record in Will Book 19, Page 403, Register's Office, Rutherford County, Tennessee and being more particularly described as follows:

Commencing at an iron rod (new) with cap stamped RSA at the southwest corner of the McDonald & Crowder property and being a corner in the north line of the Kenneth Haynes property; thence, 1) With the west line of the McDonald and Crowder property, North 04 degrees 42 minutes 33 seconds East, 229.65 feet to the Point of Beginning of the herein described tract of land and proceeding as follows:

Continuing with the west line of McDonald and Crowder, North 04 degrees 42 minutes 33 seconds East, 202.97 feet to the westerly right-of-way margin of Beesley Road (right-of-way width varies); thence,

With said westerly right-of-way margin, South 23 degrees 41 minutes 29 seconds East, 157.58 feet; thence,

With said westerly right-of-way margin, South 28 degrees 58 minutes 38 seconds East, 12.03 feet; thence,

Leaving said westerly right-of-way margin and with a new line of division through the McDonald & Crowder property, South 61 degrees 03 minutes 13 seconds West, 98.06 feet to the Point of Beginning and containing 8,196 square feet or 0.19 acres, more or less, as calculated by the above courses and distances.

Tract D:

A tract of land in the 7th Civil District of Rutherford County, City of Murfreesboro, Tennessee.  Bounded on the North by Donald McDonald and Lassie M. Crowder, of record in Deed Book 261, Page 2724, Register's Office, Rutherford County, Tennessee. Bounded on the East by the westerly right-of-way line of Beesley Road. Bounded on the south by Kenneth Haynes, of record in Will Book 19, Page 403, Register's Office, Rutherford County, Tennessee and being more particularly described as follows:

Commencing at an iron rod (new) with cap stamped RSA at the southwest corner of the McDonald & Crowder property and being a corner in the north line of the Kenneth Haynes property.  1) With the common line of McDonald, Crowder and Haynes property, South 82 degrees 45 minutes 55 seconds East, 137.11 feet to the Point of Beginning of the herein described tract of land and proceeding as follows:

With said proposed north right-of-way margin, North 61 degrees 41 minutes 54 seconds East, 89.52 feet; thence,

With a 25.00-foot radius return curve to the left, for an arc length of 39.56 feet, an interior angle of 90 degrees 40 minutes 32 seconds and a chord bearing and distance of North 16 degrees 21 minutes 38 seconds East, 35.56 feet to the westerly right-of-way margin of Beesley Road (right-of-way width varies); thence,

With said westerly right-of-way margin, South 28 degrees 58 minutes 38 seconds East, 108.00 feet; thence,

Leaving said westerly right-of-way margin and with the common property line of said McDonald, Crowder and said Haynes, North 82 degrees 45 minutes 55 seconds West, 142.29 feet to the Point of Beginning and containing 4,886 square feet or 0.11 acres, more or less, as calculated by the above courses and distances.

Said Tract I containing 6,873,454 square feet, or 157.79 acres, more or less, as calculated by the above courses and distances, and being part of the same property conveyed to Kenneth Haynes by the Last Will and Testament of J. Webb Haynes, recorded in Will Book 19, page 403, in the Rutherford County Clerk’s Office.

Tract II:

A certain tract of land in the 7th Civil District of Rutherford County, City of Murfreesboro, Tennessee.  Bounded on the northeast by proposed Beesley Road, on the south by existing Shores Road and on the northwest by proposed Shores Road unimproved and being more particularly described as follows;

Beginning on an iron rod (old) located at the intersection of the north right-of-way of existing Shores Road and the southwest right-of-way of Beesley Road, said iron rod (old) being the southeast corner of the subject tract; thence,

Along the north right-of-way of existing Shores Road north 83 degrees 07 minutes 12 seconds west 499.84 feet to an iron rod (new) in the southeast right-of-way of proposed Shores Road; thence,

Along the southeast right-of-way of proposed Shores Road north 50 degrees 06 minutes 07 seconds east 335.95 feet to an iron rod (old) in the southwest right-of-way of proposed Beesley Road; thence,

Along the southwest right-of-way of proposed Beesley Road for the next five calls,

1. South 40 degrees 51 minutes 54 seconds east, 159.83 feet to an iron rod (old); thence,

2. South 49 degrees 11 minutes 41 seconds west, 25.75 feet to an iron rod (old); thence,

3. South 40 degrees 56 minutes 21 seconds east, 20.07 feet to an iron rod (old); thence,

4. North 49 degrees 16 minutes 49 seconds east, 25.76 feet to an iron rod (old); thence,

5. South 40 degrees 55 minutes 06 seconds east, 184.35 feet to the point of beginning.

Containing 60,649 square feet or 1.39 acres, more or less.

Being part of the same property devised to Kenneth Haynes by the Last Will and Testament of J. Webb Haynes, recorded in Will Book 19, Page 403, in the Rutherford County Clerk's Office.

Tract III:

A certain tract of land in the 7th Civil District of Rutherford County, City of Murfreesboro, Tennessee.  Bounded on the north by Dr. E.C. Tolbert and Barbara Ann Tolbert of record in Deed Book 246, page 517, Register's Office for Rutherford County, Tennessee, (R.O.R.C., TN) on the south by State Highway 840 and on the west by Dr. Alvin Singh et ux Barbara of record in Book 23, page 1991, R.O.R.C., TN and being more particularly described as follows;

Beginning on an iron rod (old) at a wood fence post, said iron rod (old) being a southwest corner of said Dr. E.C. Tolbert and Barbara Ann Tolbert and the northwest corner of the subject tract; thence,

1. Along a fence with the said Dr. E.C. Tolbert and Barbara Ann Tolbert, south 84 degrees 31 minutes 29 seconds east, 1285.41 feet to an iron rod (new) in the northerly right-of-way of State Highway 840, said rod being the southeast corner of the subject tract; thence,

2. With said northerly right-of-way for the next four calls, south 83 degrees 18 minutes 47 seconds west, 656.98 feet to a concrete right-of-way monument (old); thence,

3. South 83 degrees 07 minutes 38 seconds west, 147.53 feet to a concrete right-of-way monument (old); thence,

4. South 87 degrees 05 minutes 12 seconds west, 400.75 feet to a concrete right-of-way monument (old): thence,

5. South 82 degrees 56 minutes 55 seconds west, 107.28 feet to an iron rod (new) said iron rod (new) being the southeast corner of said Dr. Alvin Singh et ux Barbara; thence,

6. Leaving said northerly right-of-way along a fence with Dr. Alvin Singh et ux Barbara, north 05 degrees 57 minutes 43 seconds east, 251.71 feet to the point of beginning.

Containing 170,515 square feet or 3.91 acres, more or less.

Being part of the same property devised to Kenneth Haynes by the Last Will and Testament of J. Webb Haynes, recorded in Will Book 19, Page 403, in the Rutherford County Clerk's Office.

Tract IV:

A tract of land in the 7th Civil District of Rutherford County, City of Murfreesboro, Tennessee.  Bounded on the North by Donald McDonald and Lassie M. Crowder, of record in Deed Book 261, Page 2724, Register's Office, Rutherford County, Tennessee. Bounded on the East by the westerly right-of-way line of Beesley Road. Bounded on the south by Kenneth Haynes, of record in Will Book 19, Page 403, Register's Office, Rutherford County, Tennessee and being more particularly described as follows:

Commencing at an iron rod (new) with cap stamped RSA at the southwest corner of the McDonald & Crowder property and being a corner in the north line of the Kenneth Haynes property.  1) With the common line of McDonald, Crowder and Haynes property, South 82 degrees 45 minutes 55 seconds East, 137.11 feet to the Point of Beginning of the herein described tract of land and proceeding as follows:

1. With said proposed north right-of-way margin, North 61 degrees 41 minutes 54 seconds East, 89.52 feet; thence,

2. With a 25.00-foot radius return curve to the left, for an arc length of 39.56 feet, an interior angle of 90 degrees 40 minutes 32 seconds and a chord bearing and distance of North 16 degrees 21 minutes 38 seconds East, 35.56 feet to the westerly right-of-way margin of Beesley Road (right-of-way width varies); thence,

3. With said westerly right-of-way margin, South 28 degrees 58 minutes 38 seconds East, 108.00 feet; thence,

4. Leaving said westerly right-of-way margin and with the common property line of said McDonald, Crowder and said Haynes, North 82 degrees 45 minutes 55 seconds West, 142.29 feet to the Point of Beginning and containing 4,886 square feet or 0.11 acres, more or less, as calculated by the above courses and distances.

Being part of the same property conveyed to Donald McDonald and Lassie M. Crowder by Executors' Deed from Donald McDonald and Lassie M. Crowder, Co-Executors of the Estate of Jennis M. McDonald, dated May 5, 2003, and recorded in Record Book 261, page 2724 in the Rutherford County Register's Office.

The source of the legal descriptions set forth above is a survey dated June 25, 2006, last revised July 6, 2007, prepared by Kevin L. Birdwell (RLS TENN. NO. 1797) of Ragan-Smith-Associates, Inc., 315 Woodland Street, Nashville, TN  37206.

Tract V:

A tract of land in the 7th Civil District of Rutherford County, City of Murfreesboro, Tennessee.  Being a triangular shaped tract of land that is bounded on the East by the westerly right-of-way line of Beesley Road. Bounded on the South by Donald McDonald and Lassie M. Crowder, of record in Deed Book 261, Page 2724, Register's Office, Rutherford County, Tennessee.  Bounded on the West by Kenneth Haynes, of record in Will Book 19, Page 403, Register's Office, Rutherford County, Tennessee and being more particularly described as follows:

Commencing at an iron rod (new) with cap stamped RSA at the southwest corner of the McDonald & Crowder property and being a corner in the north line of the Kenneth Haynes property; thence, 1) With the west line of the McDonald and Crowder property, North 04 degrees 42 minutes 33 seconds East, 229.65 feet to the Point of Beginning of the herein described tract of land and proceeding as follows:

1. Continuing with the west line of McDonald and Crowder, North 04 degrees 42 minutes 33 seconds East, 202.97 feet to the westerly right-of-way margin of Beesley Road (right-of-way width varies); thence,

2. With said westerly right-of-way margin, South 23 degrees 41 minutes 29 seconds East, 157.58 feet; thence,

3. With said westerly right-of-way margin, South 28 degrees 58 minutes 38 seconds East, 12.03 feet; thence,

4. Leaving said westerly right-of-way margin and with a new line of division through the McDonald & Crowder property, South 61 degrees 03 minutes 13 seconds West, 98.06 feet to the Point of Beginning and containing 8,196 square feet or 0.19 acres, more or less, as calculated by the above courses and distances.

Being part of the same property conveyed to Donald McDonald and Lassie M. Crowder by Executors' Deed from Donald McDonald and Lassie M. Crowder, Co-Executors of the Estate of Jennis M. McDonald, dated May 5, 2003, and recorded in Record Book 261, page 2724 in the Rutherford County Register's Office.

Being a portion of the same property conveyed to Westlawn Residential, LLC, a Tennessee limited liability company, in Record Book 764, page 1494, and the same property conveyed to Westlawn Residential, LLC in Record Book 764, page 1506, Register’s Office for Rutherford County, Tennessee.

TOGETHER WITH:

1. All buildings, structures, improvements, privileges and appurtenances belonging thereto now existing or hereafter constructed on the Land (the “Improvements”);

2. All easements, rights, rights of way, streets, ways, alleys, sewer lines, water lines and all estates, rights, titles, interests, privileges, hereditaments, access rights and appurtenances whatsoever in any way relating to or appertaining to any of the Land, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Debtor, and the reversion or reversions, remainder and remainders, rents, issues, profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of the Debtor in and to the same;

3. All furniture, fixtures, appliances, machinery, equipment and all personal property and any replacements and proceeds and substitutions thereof, attached to, or hereafter acquired or located on the Land or attached thereto, and owned by Grantor, and all lighting, heating, cooking, ventilating, air conditioning, incinerating, sprinkling and plumbing systems and all pipes, wires, attached fixtures and apparatus forming a part of or used in connection therewith, and all cooking appliances, cabinets, windows, doors and all wall to wall carpeting located thereon, to the extent the foregoing is owned by Debtor and is now, or hereafter, located on or attached to the Land or Improvements;

4. All judgments, awards or damages and settlements hereinafter made resulting from condemnation proceedings or the taking of the Land or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Premises (as hereinafter defined) or to the improvements thereon or any part thereof, or to any rights appurtenant thereto, including any award for change of grade or streets;

5. All inventory, contract rights, cash, proceeds, profits, income, rent, accounts receivable, lease agreements, lease payments, insurance proceeds, deposit and other accounts, logos, trademarks, and all trade name agreements, and all replacements and proceeds relating thereto now owned or hereafter acquired by Debtor.

(all of the foregoing shall be referred to herein as the “Property” or the “Premises”).

Together with all of Debtor's present and future right, title and interest and claim to the Property.

There shall also be sold all of Southeast Loan Funding Solutions, LLC’s interest, as secured party, in and to all personal property included in the Premises.

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.

Successor 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 Successor Trustee only.

Said sale shall be subject to any unpaid taxes, mortgages, liens, encumbrances, easements, restrictions and other matters of record or otherwise that are prior in right to the lien of the said Deed of Trust.

This 3rd day of April, 2013.

/s/ Charles W. Cook, Successor Trustee

CHARLES W. COOK, SUCCESSOR TRUSTEE

Adams and Reese  LLP

424 Church Street, Suite 2700

Nashville, Tennessee 37219

615-259-1450

Insertion Dates:            April 7, 2013, April 14, 2013, April 21, 2013

 

NOTICE OF FORECLOSURE

 

WHEREAS, default having been made in the payment of the debt and obligations, and in the terms and conditions provided for in that certain Deed of Trust, Security Agreement and Assignment of Rents and Profits (the “Original Deed of Trust”), dated July 12, 2007, to Kim Brown, Trustee, executed by WESTLAWN COMMERCIAL PARTNERSHIP, a Tennessee general partnership (the “Debtor”), as same appears of record in Record Book 764, page 1517, Register’s Office for Rutherford County, Tennessee; and

WHEREAS, the Original Deed of Trust was amended by Amendment to Deed of Trust, Security Agreement and Assignment of Rents and Profits, of record in Record Book 775, page 2523, said Register’s Office, and assigned by Assignment of Deed of Trust and Assignment of Assignment of Rents, of record in Record Book 1206, page 2720, said Register’s Office (the “Amendments to Deed of Trust”; the Original Deed of Trust, as amended by the Amendments to Deed of Trust, being hereinafter collectively referred to as the “Deed of Trust”); and

WHEREAS, SOUTHEAST LOAN FUNDING SOLUTIONS, LLC, a Delaware limited liability company, is the beneficiary under the Deed of Trust; and

WHEREAS, the entire indebtedness secured by the above referenced Deed of Trust has been accelerated and is past due and unpaid; and,

WHEREAS, by instrument dated March 28, 2013, and of record in Record Book 1206, page 2725, Register’s Office for Rutherford County, Tennessee, the owner and holder of the debt secured by said Deed of Trust (hereinafter sometimes referred to as “Secured Party”) appointed Charles W. Cook as Successor Trustee, in accordance with the provisions contained in said Deed of Trust; and,

WHEREAS, as of February 5, 2013, at 8:00 a.m., there were no state or federal tax liens of record against the Debtor in the Register’s Office for Rutherford County, Tennessee.

NOW, THEREFORE, I, Charles W. Cook, as Successor Trustee, acting upon the request of the owner and holder of the debt secured by said Deed of Trust, and by virtue of the power and authority vested in me as Successor Trustee, give notice that I will on:

TUESDAY, APRIL 30, 2013

commencing at 10:00 o’clock a.m., at the front door of the Rutherford County Courthouse door where foreclosure sales are customarily held, Murfreesboro, Rutherford County, Tennessee, proceed to sell at public auction to the highest bidder for cash, and free from all equities of redemption, the statutory right of redemption, homestead, dower, and all other rights or exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following described real and personal property in Rutherford County, Tennessee (the “Mortgaged Property” or the “Land”), which Mortgaged Property may be sold in whole or in part, to-wit:

Tract I:

A certain tract of land in the 7th Civil District of Rutherford County, City of Murfreesboro, Tennessee, bounded on the northeast by the proposed Beesley Road (right-of-way varies), bounded on the southeast, southwest and northwest by Kenneth Haynes, of record in Will Book 19, page 403, Register's Office for Rutherford County, Tennessee and being more particularly described as follows;

Beginning at an iron rod (new) in the southwesterly right-of-way (r.o.w.) of proposed Beesley Road, said iron rod being north 40 degrees 13 minutes 16 seconds west, 1006.93 feet from the intersection of Shores Road and said proposed Beesley Road.  Said iron rod being the southeast corner of the subject tract, severing the said Kenneth Haynes property for the next 15 calls:

1. Along a curve to the right with an interior angle of 89 degrees 19 minutes 08 seconds, a radius of 30.00 feet, an arc length of 46.77 feet, and a chord bearing and distance of south 04 degrees 26 minutes 18 seconds west, 42.17 feet to a iron rod (new), thence,

2. South 49 degrees 05 minutes 52 seconds west, 254.03 feet to an iron rod (new), thence,

3. Along a curve to the right with an interior angle 03 degrees 19 minutes 50 seconds, a radius of 575.00 feet, an arc length of 33.43 feet, and a chord bearing and distance of south 50 degrees 45 minutes 47 seconds west, 33.42 feet to an iron rod (new), thence,

4. South 52 degrees 25 minutes 42 seconds west, 588.06 feet to an iron rod (new), thence,

5. North 34 degrees 49 minutes 55 seconds west, 1115.91 feet to an iron rod (new), thence,

6. North 55 degrees 10 minutes 05 seconds east, 40.00 feet to an iron rod (new), thence,

7. North 34 degrees 49 minutes 55 seconds west, 146.14 feet to an iron rod (new), thence,

8. North 58 degrees 49 minutes 44 seconds east, 95.63 feet to an iron rod (new), thence,

9. Along a curve to the left with an interior angle of 2 degrees 41 minutes 35 seconds, a radius of 1530.00 feet, an arc length of 71.91 feet, and a chord bearing and distance of north 57 degrees 28 minutes 56 seconds east, 71.91 feet to an iron rod (new), thence,

10. North 56 degrees 08 minutes 09 seconds east, 30.55 feet to an iron rod (new), thence,

11. Along a curve to the right with an interior angle of 67 degrees 06 minutes 53 seconds, a radius of 18.00 feet, an arc length of 21.08 feet, and a chord bearing and distance of north 89 degrees 41 minutes 35 seconds east, 19.90 feet to an iron rod (new), thence,

12. North 56 degrees 08 minutes 09 seconds east, 112.43 feet to an iron rod (new), thence,

13. Along a curve to the right with an interior angle of 5 degrees 33 minutes 45 seconds, a radius of 1500.00 feet, an arc length of 145.63 feet, and a chord bearing and distance of north 58 degrees 55 minutes 02 seconds east, 145.57 feet to an iron rod (new), thence,

14. North 61 degrees 41 minutes 54 seconds east, 358.48 feet to an iron rod (new), thence,

15. along a curve to the right with an interior angle of 89 degrees 19 minutes 27 seconds, a radius of 25.00 feet, an arc length of 38.98 feet, and a chord bearing and distance of south 73 degrees 39 minutes 28 seconds east, 35.15 feet, to an iron rod (new) in the southwest right-of-way of said proposed Beesley Road; thence,

16. With the southwest right-of-way of said proposed Beesley Road, south 28 degrees 57 minutes 48 seconds east, 464.86 feet to a 5/8" iron rod (old), said iron rod is in the southwest right-of-way of proposed Beesley Road; thence,

17. With the southwest right-of-way of proposed Beesley Road, south 40 degrees 13 minutes 16 seconds east 611.78 feet to the point of beginning.

Containing 1,042,936 square feet, or 23.94 acres, more or less.

Tract II:

A certain tract of land in the 7th Civil District of Rutherford County, City of Murfreesboro, Tennessee. Bounded on the north by Donald McDonald and Lassie M. Crowder of record in Deed Book 261, page 2724, Register's Office for Rutherford County, Tennessee, bounded on the east by Beesley Road, bounded on the southeast by proposed Old Beesley Road, bounded on the southwest by proposed Beesley Road, bounded on the northwest by Kenneth Haynes of record in Will Book 19, page 403, Register's Office for Rutherford County and being more particularly described as follows;

Beginning on an iron rod (new) in the west right-of-way (r.o.w.) of Beesley Road, said iron rod (new) being the northeast corner of the subject tract and in the south line of the said Donald McDonald and Lassie M. Crowder; thence;

Leaving the said Donald McDonald and Lassie M. Crowder along the west r.o.w. of Beesley Road for the next three calls,

1. Along a curve to the left having a central angle of 04 degrees 11 minutes 01 seconds, a radius of 1080.00 feet, an arc length of 78.86 feet and a chord bearing and distance of south 02 degrees 41 minutes 30 seconds east 78.84 feet to an iron rod (new), thence,

2. South 04 degrees 13 minutes 00 seconds east 478.62 feet to an iron rod (new), thence,

3. Along a curve to the right having a central angle of 01 degrees 01 minutes 22 seconds, a radius of 26,980.00 feet, an arc length of 481.64 feet and a chord bearing and distance of south 05 degrees 11 minutes 16 seconds east 481.64 feet to an iron rod (new) in the northwest r.o.w. of proposed Old Beesley Road; thence,

Along the northwest r.o.w. of proposed Old Beesley Road for the next four calls,

1. South 28 degrees 15 minutes 42 seconds west 77.82 feet to an iron rod (old), thence,

2. South 00 degrees 15 minutes 54 seconds west 73.31 feet to an iron rod (old), thence,

3. South 31 degrees 38 minutes 46 seconds west 182.23 feet to an iron rod (old), thence,

4. South 88 degrees 45 minutes 12 seconds west 36.85 feet to an iron rod (old); thence,

Along the northeast r.o.w. of proposed Beesley Road for the next four calls,

1. North 40 degrees 33 minutes 48 seconds west 1036.81 feet to an iron rod (old), thence,

2. North 43 degrees 48 minutes 29 seconds west 322.59 feet to an iron rod (old), thence,

3. North 34 degrees 25 minutes 33 seconds west 392.97 feet to an iron rod (old), thence,

4. North 24 degrees 13 minutes 28 seconds west 50.11 feet to an iron rod (new) in the south line of the said Donald McDonald and Lassie M. Crowder; thence,

5. Leaving the northeast r.o.w. of said Beesley Road, with a new line severing the land of Kenneth Haynes north 61 degrees 44 minutes 55 seconds east 167.18 feet to an iron rod (new) in the south line of the said Donald McDonald and Lassie M. Crowder; thence,

6. Continuing with said McDonald and Crowder property south 82 degrees 49 minutes 45 seconds east, 1088.71 feet to the point of beginning.

Containing 1,013,184 square feet or 23.26 acres, more or less.

The above described Tracts I and II being part of the property devised to Kenneth Haynes by the Last Will and Testament of Webb Haynes, recorded in Will Book 19, Page 403, in the Rutherford County Clerk's Office.

Being the same property conveyed to Westlawn Commercial Partnership, a Tennessee general partnership, in Record Book 764, page 1487, Register’s Office for Rutherford County, Tennessee.

The source of the legal descriptions set forth above is a survey dated June 25, 2006, last revised July 6, 2007, prepared by Kevin L. Birdwell (RLS TENN. NO. 1797) of Ragan-Smith-Associates, Inc., 315 Woodland Street, Nashville, TN 37206.

TOGETHER WITH:

1. All buildings, structures, improvements, privileges and appurtenances belonging thereto now existing or hereafter constructed on the Land (the “Improvements”);

2. All easements, rights, rights of way, streets, ways, alleys, sewer lines, water lines and all estates, rights, titles, interests, privileges, hereditaments, access rights and appurtenances whatsoever in any way relating to or appertaining to any of the Land, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Debtor, and the reversion or reversions, remainder and remainders, rents, issues, profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of the Debtor in and to the same;

3. All furniture, fixtures, appliances, machinery, equipment and all personal property and any replacements and proceeds and substitutions thereof, attached to, or hereafter acquired or located on the Land or attached thereto, and owned by Grantor, and all lighting, heating, cooking, ventilating, air conditioning, incinerating, sprinkling and plumbing systems and all pipes, wires, attached fixtures and apparatus forming a part of or used in connection therewith, and all cooking appliances, cabinets, windows, doors and all wall to wall carpeting located thereon, to the extent the foregoing is owned by Debtor and is now, or hereafter, located on or attached to the Land or Improvements;

4. All judgments, awards or damages and settlements hereinafter made resulting from condemnation proceedings or the taking of the Land or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Premises (as hereinafter defined) or to the improvements thereon or any part thereof, or to any rights appurtenant thereto, including any award for change of grade or streets;

5. All inventory, contract rights, cash, proceeds, profits, income, rent, accounts receivable, lease agreements, lease payments, insurance proceeds, deposit and other accounts, logos, trademarks, and all trade name agreements, and all replacements and proceeds relating thereto now owned or hereafter acquired by Debtor.

(all of the foregoing shall be referred to herein as the “Property” or the “Premises”).

Together with all of Debtor's present and future right, title and interest and claim to the Property.

There shall also be sold all of Southeast Loan Funding Solutions, LLC’s interest, as secured party, in and to all personal property included in the Premises.

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.

Successor 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 Successor Trustee only.

Said sale shall be subject to any unpaid taxes, mortgages, liens, encumbrances, easements, restrictions and other matters of record or otherwise that are prior in right to the lien of the said Deed of Trust.

This 3rd day of April, 2013.

/s/ Charles W. Cook, Successor Trustee

CHARLES W. COOK, SUCCESSOR TRUSTEE

Adams and Reese  LLP

424 Church Street, Suite 2700

Nashville, Tennessee 37219

615-259-1450

Insertion Dates:            April 7, 2013, April 14, 2013, April 21, 2013.

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