| Legal/Public Notices for 01/08/12 - Substitute Trustee's Sale (2) |
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Posted: Sunday, January 8, 2012 11:03 am
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SUBSTITUTE TRUSTEE'S
NOTICE OF FORECLOSURE SALE
WHEREAS, default having been made of an indebtedness described in and secured by that certain Deed of Trust, dated February 13, 2007, executed by Sean M. McElroy, dba McElroy Excavation, to J. Ben Weatherford, Trustee, recorded in Record Book 714, page 1914, Register's Office for Rutherford County, Tennessee, as modified by instrument of record in Record book 967, page 3236, said Register’s Office, embracing certain real estate hereinafter described, and the undersigned, Rodney M. Scott, having been appointed Substitute Trustee by an instrument duly recorded in Record Book 1102, page 2515, Register's Office for Rutherford County; and MidSouth Bank, the holder of said indebtedness, having declared the entire unpaid balance immediately due and payable, and said note not having been paid, and said holder having directed them so to do;
NOTICE IS HEREBY GIVEN, that he will, on Wednesday, February 1, 2012, at or about the hour of 10:00 a. m., at the East door of the Old Rutherford County Courthouse, Murfreesboro, Tennessee, SELL to the highest and best bidder for cash and free from all right of homestead, exemption in and equitable and statutory redemption of the property, and borrowers hereby relinquish all right of dower and curtesy in the property, the following described parcel of real estate situated in Rutherford County, Tennessee, to-wit:
(21st Civil District)
TRACT NO. 3 “THIS SURVEY”
A tract of land in the Twenty-First Civil District of Rutherford County, City of Murfreesboro, Tennessee, Lying on the southerly margin of Adams Road and being more particularly described according to a survey prepared by James Terry & Associates, Job Number 2004-008, dated April 29, 2004 and proceeding as follows:
Commencing at a P. K. Nail (new) in the centerline of Adams Road (right-of-way width varies) at the northeast property corner of a tract of land conveyed to Frank J. Campbell as of record in Deed Book 350, page 569, Register’s Office for Rutherford County, Tennessee; thence,
A) With Adams road, South 88 degrees 10 minutes 44 seconds East, 132.50 feet to a P. K. Nail (new) in the centerline of said Adams Road; thence,
B) Continuing with Adams Road, South 70 degrees 05 minutes 21 seconds East, 596.45 feet to a P. K. Nail (new); thence,
C) South 77 degrees 34 minutes 11 seconds East, 54.24 feet to a P. K. Nail (new) in the centerline of said Adams Road, being the true point of beginning of the herein described tract; thence,
1) With Adams Road, South 77 degrees 34 minutes 11 seconds East, 19.36 feet to a P. K. Nail (new) in the centerline of said Adams Road; thence,
2) South 22 degrees 07 minutes 20 seconds East, 97.70 feet to a P. K. Nail (new) in the centerline of said Adams Road; thence,
3) South 17 degrees 17 minutes 36 seconds West, 78.10 feet to a P. K. Nail (new) in the centerline of Adams Road; thence,
4) Leaving the centerline of Adams Road and with the southerly property line of a tract of land conveyed to Mark Alan Holmes as of record in Record Book 143, page 2596, Register’s Office for Rutherford County, Tennessee, South 56 degrees 40 minutes 26 seconds East, 265.63 feet to an iron rod (old) at the northwest property corner of a tract of land conveyed to Archie A. B. Avant and wife, Mary A. Avant as of record in Book 214, page 400, Register’s Office for Rutherford County, Tennessee; thence,
5) With the west property line of said Avant, and of a tract of land conveyed to Lisa Dawn Woodward Smith as of record in Book 603, page 322, Register’s Office for Rutherford County, Tennessee, South 02 degrees 00 minutes 05 seconds West, 1663.97 feet to an iron rod (old) at the northeast property corner of a tract of land conveyed to Pleas Akins Jr. and wife, Eva Louise Akins as of record in Book 138, page 390, Register’s Office for Rutherford County, Tennessee; thence,
6) With the north line of said Akins, in part, South 87 degrees 25 minutes 54 seconds West, 175.26 feet to a iron rod (new) at the southeast property corner of Tract No. 2 “This Survey”; thence,
7) North 03 degrees 45 minutes 00 seconds East, 463.35 feet to the point of beginning and containing 417,307 square feet or 9.580 acres, more or less as calculated by the above courses and distances.
Being the same property conveyed to Sean M. McElroy, an unmarried person, dba McElroy Excavation, by Deed of record in Record Book 714, page 1912, of the said Register’s Office for Rutherford County, Tennessee.
This is unimproved property known as 3474 Adams Road, Murfreesboro, TN, 37129.
OTHER INTERESTED PARTIES: Mortgage Investor’s Group
THIS SALE IS SUBJECT TO any and all unpaid taxes, rollback taxes, restrictive covenants, easements and setback lines; any and all prior liens or encumbrances against the aforesaid property; any statutory rights of redemption not otherwise waived in the Deed of Trust of MidSouth Bank, as set forth in Record Book 714, page 1914, as modified by instrument of record in Record Book 967, page 3236, all in the Register’s Office for Rutherford County, Tennessee, 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.
Said sale will be made for the purpose of satisfying said indebtedness to MidSouth Bank, and the undersigned Substitute Trustee will deliver to the Purchaser a Substitute Trustee's Deed conveying said property without any covenant or warranty, expressed or implied.
RODNEY M. SCOTT, SUBSTITUTE TRUSTEE
12 Public Square
Murfreesboro, TN 37130
To be Run: January 8, 15, and 22, 2012
SUBSTITUTE TRUSTEE'S SALE
WHEREAS, default having been made in the payment of the debts and obligations secured to be paid by that certain Deed of Trust executed on September 18, 2006, by Arturo Luna Utrera and Cecelia Cortes, husband and wife to Homeland Title, LLC, Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee, under Book 667, Page 1620, ("Deed of Trust"); and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Bayview Loan Servicing, LLC; and
WHEREAS, Bayview Loan Servicing, LLC, the current owner and holder of said Deed of Trust, (the "Owner and Holder"), appointed the undersigned, The Callins Law Firm, LLC, as Substitute Trustee by instrument filed for record in the Register's Office of Rutherford County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and
WHEREAS, pursuant to Tenn. Code Ann. § 35-5-117 (i), not less than sixty (60) days prior to the first publication required by § 35-5-101, the notice of the right to foreclose was properly sent, if so required;
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Owner and Holder, and that the undersigned, The Callins Law Firm, LLC, Substitute Trustee, or his duly appointed attorneys or agents, by virtue of the power and authority vested in him, will on Tuesday, January 24, 2012, commencing at 12:00 PM at the Main entrance or hallway of the Rutherford County Courthouse, Murfreesboro, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Rutherford County, Tennessee, to wit:
BEING LOT NO. 131, SECTION 3, WALDRON FARMS SUBDIVISION, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 25 AND PAGE 38, IN THE REGISTER'S OFFICE, RUTHERFORD COUNTY, TN, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION OF SAID PROPERTY.
BEING THE SAME PROPERTY CONVEYED TO GRANTOR(S) BY DEED RECORDED SIMULTANEOUSLY HEREWITH IN BOOK 667, PAGE 1618, REGISTER'S OFFICE FOR SAID COUNTY.
Tax ID # 158A-F-4.00
PROPERTY ADDRESS: 120 North Wagon Trail, Murfreesboro, Tennessee 37128
CURRENT OWNER(S): Arturo Luna-Utrera and wife, Cecelia Cortes
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 set-back 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.
SUBORDINATE LIENHOLDERS:
1. Internal Revenue Service
OTHER INTERESTED PARTIES: N/A
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 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.
The Callins Law Firm, LLC, Substitute Trustee
c/o Dionna Squires John
The Callins Law Firm.,
101 Marietta Street, Suite 1030
Atlanta, GA 30303
(404) 681-5826
File No.: FT11.03.036
Insertion Dates: 12/25/11, 01/01/11, and 01/08/12
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
SUBSTITUTE TRUSTEE’S
NOTICE OF FORECLOSURE SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a certain promissory note dated October 1, 1999, and the Deed of Trust of even date, securing the same, recorded at Trust Deed Book B-558, page 524 in the Register’s Office of Rutherford County, Tennessee, executed by ROBERT CARNEAL and wife, BRENDA CARNEAL, conveying certain property therein described to David G. Bolin, as Trustee for Floyd D. Haynes; and,
The undersigned Trustee, Mark S. Moore, having been appointed as substitute trustee by notice of substitution of trustee in Record Book 877, page 2794, in the Register's Office of Rutherford County, Tennessee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that Mark S. Moore, as Substitute Trustee by virtue of the power, duty and authority vested in and imposed upon said Substitute Trustee will, on the 23rd day of January, 2012, on or about 10:00 a.m., at the Rutherford County Courthouse in Murfreesboro, 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 Rutherford County, Tennessee, and being more particularly described as follows:
LAND in Rutherford County, Tennessee, being Lot No. 35, Morgan Heights, Murfreesboro, Tennessee, according to survey and plat of same of record in Plat Book 1, page 1, of the Register’s Office of Rutherford County, Tennessee, to which reference is hereby made for more complete details of location.
BEING the same property conveyed to Robert Carneal and wife, Brenda Carneal by deed of record in Deed Book 662, page 619, of the Register’s Office of Rutherford County, Tennessee.
THIS sale is subject to any unpaid taxes, if any, any prior liens or encumbrances, leases, easements and all other matters of record.
ALSO KNOWN AS: 1403 Atlas Street, Murfreesboro, TN 37130
Other Interested Party: James P. Buchanan
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117.
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. The Substitute Trustee reserves the right to rescind the sale.
In the event the highest bidder does not honor the highest bid within 24 hours, the next highest bidder at the next highest bid will be deemed the successful bidder.
OTHER INTERESTED PARTIES: NONE
DATED: October 31, 2011
MARK S. MOORE, Substitute Trustee
144 Uptown Square
Murfreesboro, TN 37129
(615) 895-2421
To be run: Murfreesboro Post, Classified Ads,
January 1, 8, 15 and 22, 2012.
NOTICE OF SUCCESSOR TRUSTEE’S SALE
Whereas, Default having been made in the payment of the debts and obligations secured to be paid by a Deed of Trust executed on July 1, 2004, by William D. Rader, Sr. and wife, Bobbie Ann Rader, to David M. Bragg, Trustee, as same appears of record in the Office of the Register of Rutherford County, Tennessee, in Record Book 404, Page 1875, and whereas, the beneficial interest of said Deed o f Trust was last transferred and assigned to William W. Burton as Successor Trustee, the undersigned Successor Trustee having all the rights, powers and privileges of Trustee named in the Deed of Trust.
Now, therefore, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Owner and Holder, and that the Undersigned, William W. Burton, Successor Trustee, or his duly appointed attorneys or agents, by virtue of the power and authority vested in him, will on the 20th day of January, 2012, commencing at 10:00 a.m. at the East Door of the Old Courthouse, Murfreesboro, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash the following described property located in Rutherford County, Tennessee, to-wit:
BEGINNING in the center of the Eagleville and Salem Turnpike, new Highway 99 at J.E. Sullivan’s heirs northwest corner and running south 12 poles and 6 links to W.T. Lowe’s north boundary line; thence east 5-1/2 poles and 3 links to J.E. Stephenson’s lot; thence north with Stephenson’s lot 12 poles and 8 links to the center of Eagleville and Salem Turnpike, new Highway 99; thence with the center of said Highway 99, 5 poles and 3 links to the beginning. This improved property is commonly known as 130 Highway 99, Eagleville, Tennessee.
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 filling, and any matter that an accurate survey if the premises might disclose
All right and equity of redemption, statutory or otherwise, homestead and dower are expressly waived in the Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as 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.
William W. Burton, Successor Trustee
P.O. Box 960, 1231 NW. Broad Street
Murfreesboro, TN 37133-0960
(615) 893-8300
Insertion dates: 12/25/11, 1/1/12, 1/8/12
Sale: 1/20/2012 |
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