| Legal/Public Notices for 02/05/12 - Substitute Trustee's Sales (5) |
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Posted: Sunday, February 5, 2012 11:23 am
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NOTICE OF SUCCESSOR TRUSTEE'S SALE
Default having been made in the payment of an indebtedness described in and secured by that certain Deed of Trust executed by LARRY W. JERNIGAN and BETSY E. JERNIGAN, to R. Dale Floyd, Trustee, of record in Record Book 601, page 3489, of the Register's Office of Rutherford County, Tennessee, embracing real estate hereinafter described, and Pinnacle National Bank, the holder of said indebtedness having declared the entire unpaid balance immediately due and payable, and said Note not having been paid, and the undersigned, George H. White of Rutherford County, Tennessee, having been appointed as Successor Trustee by an instrument duly recorded in the Register's Office of Rutherford County, Tennessee, and said holder having directed him so to do.
NOTICE IS HEREBY GIVEN, that he will on TUESDAY, FEBRUARY 14, 2012, at or about the hour of 11:00 A.M., at east front door of the Courthouse (Public Square) in 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 following described parcel of real estate situated in Rutherford County, Tennessee, to-wit:
Map/Parcels: 087-01802
Address: 3683 McKnight Lane, Readyville, Tennessee 37149
Description: 29.72 acres, more or less
Reference is hereby made to Warranty Deed of record in Deed Book 456, page 724, of the Register's Office for Rutherford County, Tennessee, for more complete details of location and description of said property.
Said sale will be made for the purpose of satisfying said indebtedness, and the undersigned Successor Trustee will deliver to the Purchaser a Successor Trustee's Deed conveying said property without any covenant or warranty expressed or implied but subject to all unpaid taxes and any liens which take priority as a matter of law.
The Successor Trustee at his sole discretion may at the time and place appointed for this sale in order to accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances by oral announcement elect to adjourn the sale during regular business hours on the same day or on a different day, or at a different place, so long as no potential purchaser is thereby precluded from placing a bid.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Successor Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Successor 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 Deed of Trust.
Notice of the Right to Foreclosure has been timely given in compliance with T.C.A. §35-5-117.
INTERESTED PARTIES: Larry W. Jernigan, Betsy E. Jernigan
George H. White, Successor Trustee
White & Polk, P.C., 107 West College Street, Murfreesboro, TN 37130
(615) 893-6592
Publish: January 22, January 29, and February 5, 2012
Murfreesboro Post
Date of Sale: February 14, 2012 at 11:00 A.M.
NOTICE OF SUCESSOR TRUSTEE'S SALE
Default having been made in the payment of an indebtedness described in and secured by that certain Deed of Trust executed by Keith R. Bertrand and Jeff Hansen, to David Major, Trustee, of record in Record Book 567, page 2065, of the Register's Office of Rutherford County, Tennessee, embracing real estate hereinafter described, and Pinnacle National Bank, the holder of said indebtedness having declared the entire unpaid balance immediately due and payable, and said Note not having been paid, and the undersigned, George H. White of Rutherford County, Tennessee, having been appointed as Successor Trustee by an instrument duly recorded in the Register's Office of Rutherford County, Tennessee, and said holder having directed him so to do.
NOTICE IS HEREBY GIVEN, that he will on TUESDAY, FEBRUARY 21, 2012, at or about the hour of 11:00 A.M., at the east door of the courthouse (Public Square) in Murfreesboro, Rutherford County, 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 following described parcel of real estate situated in the 13thh Civil District of Rutherford County, Tennessee, to-wit:
Parcel 1:
Map/Parcel: 103B-B-00108
Address: 115 Lasseter Drive, Murfreesboro, Tennessee 37130.
Reference is hereby made to Warranty Deeds of record in Record Book 667, page 293, Record Book 183, page 2344, and Record Book 40, page 718, all of record in the Register's Office of Rutherford County, Tennessee, for more complete details of location and description of said property.
Said sale will be made for the purpose of satisfying said indebtedness, and the undersigned Successor Trustee will deliver to the Purchaser a Successor Trustee's Deed conveying said property without any covenant or warranty expressed or implied but subject to all unpaid taxes and any liens which take priority as a matter of law.
The Successor Trustee at his sole discretion may at the time and place appointed for this sale in order to accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances by oral announcement elect to adjourn the sale during regular business hours on the same day or on a different day, or at a different place, so long as no potential purchaser is thereby precluded from placing a bid.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Successor Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Successor 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 Deed of Trust.
INTERESTED PARTIES: Keith R. Bertrand, Jeff Hansen, Pinnacle National Bank (f/k/a Bank of the South)
George H. White, Successor Trustee
White & Polk, P.C., 107 West College Street, Murfreesboro, TN 37130, (615) 893-6592
Publish: January 29, February 5, and February 12, 2012
Murfreesboro Post
Date of Sale: February 21, 2012 at 11:00 A.M.
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, February 28th, 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 Uniti Jones
The Callins Law Firm., 101 Marietta Street, Suite 1030, Atlanta, GA 30303, (404) 681-5826
File No.: FT11.03.036
Insertion Dates: 01/29/12, 2/5/12 and 2/12/12
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE OF SUCCESSOR TRUSTEE’S SALE
WHEREAS, JAMES M. DORAN and DONNA G. DORAN, (collectively, the “Grantor”) by that certain Open End Deed of Trust (With Future Advance Clause) dated September 13, 2006, recorded in Record Book 667, Page 1403 in the Office of the Register of Deeds for Rutherford County, Tennessee (as modified or amended, the “Deed of Trust”), conveyed to Jerry P. Spore, Trustee, the Property (as hereinafter defined) to secure the payment of certain indebtedness described in the Deed of Trust (the “Indebtedness”). The Deed of Trust and the Indebtedness secured thereby is presently held and owned by BancorpSouth Bank (the “Lender”); and
WHEREAS, default has occurred by Grantor’s failure to comply with the terms and conditions of the Deed of Trust, and the Indebtedness has been declared due and payable as provided in the Deed of Trust, and the Indebtedness has not been paid; and
WHEREAS, Lender was granted relief from the bankruptcy stay in United States Bankruptcy Court for the Middle District of Tennessee, Case No. 3:11-bk-09640.
WHEREAS, Lender has demanded that the Property (as hereinafter defined) be advertised and sold in satisfaction of the Indebtedness and the costs of foreclosure in accordance with the terms of the Deed of Trust; and
WHEREAS, the undersigned, Joseph J. Jensen, has been duly appointed as Successor Trustee in the place and stead of Jerry P. Spore, said appointment appearing of record in Book 1107, Page 2885, said Register’s Office.
NOW, THEREFORE, notice is hereby given that I, Joseph J. Jensen, Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, will on Wednesday, February 22, 2012, at 11:00 a.m., prevailing Central Time, outside the East door of the Rutherford County Courthouse (facing Church Street), Public Square, Murfreesboro, Rutherford County, Tennessee, offer for sale to the highest and best bidder for cash, free from all rights, which Grantor waived in the Deed of Trust, the real property situated in Rutherford County, Tennessee, described as follows, together with any and all improvements, tenements, hereditaments and appurtenances, all easements serving or benefiting the property, and any or all fixtures and improvements now or hereafter attached to the property (collectively, the “Property”):
BEING Lot No. 152 Section V Final Plat Clarkston, as shown by plat of record in Plat Book 19, page 2, of the Register’s Office of Rutherford County, Tennessee.
Being the same property that was conveyed to James M. Doran and wife, Donna G. Doran, by Warranty Deed from Rick Bratcher, married, dated March 31, 2004, of record in Record Book 373, page 805, Register’s Office for Rutherford County, Tennessee.
The street address of the Property is believed to be 352 Clarkston Drive, Smyrna, Tennessee 37167. The map and parcel number of the Property is believed to be 032E-D-001.00. Such address and map and parcel number are not part of the legal description of the Property. In the event of any discrepancy, the legal description herein shall control.
A review of the records at said Register’s Office disclosed that the Property may be subject to certain matters set forth below and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Notice of Successor Trustee’s Sale:
1. Any and all unpaid ad valorem taxes payable to Rutherford County, Tennessee (plus penalty and interest, if any) that may be a lien against the Property.
2. Deed of Trust to R. Dale Floyd, Trustee, dated March 31, 2004, in favor of Cavalry Banking, of record in Record Book 373, Page 807, in the Register’s Office for Rutherford County, Tennessee. Said Deed of Trust was assigned to Wells Fargo Bank, NA by that certain Corporate Assignment of Deed of Trust, of record in Record Book 1099, page 3418, said Register’s Office.
3. Deed of Trust to FMLS, Inc., Trustee, dated June 22, 2004, in favor of AmSouth Bank, of record in Record Book 408, Page 2279, said Register’s Office.
4. Open End Deed of Trust (With Future Advance Clause) to Jerry P. Spore, Trustee, dated September 13, 2006, in favor of Lender, of record in Record Book 667, Page 1403, said Register’s Office.
5. All matters appearing on the plat of record in Plat Book 19, Page 2, said Register’s Office.
6. Restrictions of record in Deed Book 576, Page 804, said Register’s Office.
7. Easement for right of way to Middle Tennessee Electric Membership Corporation of record in Deed Book 122, Page 529 and Deed Book 588, Page 557, said Register’s Office.
8. Easement for drainage of record in Deed Book 554, page 703, said Register’s Office.
9. Easement for utility to Town of Smyrna of record in Deed Book 376, Page 122, said Register’s Office.
10. Easement to South Central Bell of record in Deed Book 425, Page 153, said Register’s Office.
11. Easement for transmission line of record in Deed Book 654, Page 730, said Register’s Office.
12. Easement for utility slope and drainage of record in Record Book 32, Page 1189, said Register’s Office.
13. Matters which an accurate survey of the Property might disclose.
14. All other easements and restrictions of record in said Register’s Office.
Lender is ONLY selling its interest in its junior priority deed of trust. One or more of the foregoing matters does take priority over the Deed of Trust under applicable law. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent there are matters that do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale. LENDER HEREBY NOTIFIES ANY AND ALL POTENTIAL BIDDERS AT THE SALE THAT THIS SALE IS FOR LENDER’S INTEREST IN THE PROPERTY ONLY AND AFTER THE SALE WILL REMAIN SUBJECT TO ALL MATTERS WHICH TAKE PRIORITY OVER THE DEED OF TRUST.
Said sale will be subject to any and all unpaid ad valorem taxes (plus penalty and interest, if any) that may be a lien against the Property and subject to any and all liens, defects, encumbrances, adverse claims and other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, and subject to any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency. Said sale is also subject to matters which an accurate survey of the Property might disclose.
The Property is to be sold AS IS WHERE IS, without representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
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 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 his interest in the Property by Successor Trustee’s Deed as Successor Trustee only and subject to any and all matters that retain priority over the Deed of Trust.
/s/ Joseph J. Jensen
Joseph J. Jensen, Successor Trustee
Stites & Harbison PLLC, 604 West Main Street, Franklin, Tennessee 37064
PUBLICATION DATES: January 29, 2012, February 5, 2012 and February 12, 2012 |
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