| Legal/Public Notices for 06-26-2011 (3) |
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Posted: Tuesday, June 28, 2011 4:53 pm
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SUCCESSOR TRUSTEE'S NOTICE OF FORECLOSURE SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated July 27, 2007 executed by JOSE LEONARDO FIGUEROA AND WIFE, MARISOL JACQUELINE AMAYA to JOHN E. SIMMONDS, Trustee, of record in Record Book 771, Page 1689, in the Register's Office for RUTHERFORD County, Tennessee and to BRYAN D. SPICER, appointed as Successor Trustee in an instrument of record in the Register's Office for RUTHERFORD County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by SOUTHEAST FINANCIAL CREDIT UNION as provided in said Deed of Trust, I, BRYAN D. SPICER, will by virtue of the power and authority vested in me as Successor Trustee, on July 8, 2011 AT 3:45 P.M. AT THE RUTHERFORD COUNTY COURTHOUSE, 20 PUBLIC SQUARE, MURFREESBORO, RUTHERFORD COUNTY TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in RUTHERFORD County, Tennessee, to wit:
Situated in Civil District Number Two (2) of Rutherford County, Tennessee and within the corporate limits of the City of LaVergne, Tennessee and being known as Lot Number Seven Thousand Seven Hundred Forty Seven (7747), of the FINAL PLAT, PHASE SEVENTY SEVEN, LAKE FOREST ESTATES SUBDIVISION as the same appears of record in Plat Book 30, Page 21, Register’s Office of Rutherford County, Tennessee, to which Plat specific reference is hereby made for a more particular description.
Being the same property conveyed to Jose L. Figueroa and wife, Marisol Jacqueline Amaya by deed of Harvest Homes, LLC, a Tennessee limited liability company, dated July 27, 2007, of record in Record Book 771 at page 1686, Register’s Office for Rutherford County, Tennessee.
THIS IS IMPROVED PROPERTY KNOWN AS 339 Sarna Drive, LaVergne, TN 37086.
MAP & PARCEL: 14B-J-33.00
THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS OF RECORD INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. 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 ENTITIES RIGHT TO REDEEM THE PROPERTY, ALL AS REQUIRED BY 26 U.S.C. 7425 AND T.C.A. 67-1-1433.
A Notice of the Right to Foreclose was sent on January 7, 2011 as required by TCA Section 35-5-117 and sixty (60) days has past since the sending of said notice.
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 TRUSTEE/SUCCESSOR 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:
CONEXION AMERICAS, PURSUANT TO SECOND DEED OF TRUST OF RECORD IN RECORD BOOK 771, PAGE 1700, REGISTER’S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 9th day of June, 2011. This is improved property known as 339 Sarna Drive, LaVergne, TN 37086.
Bryan D. Spicer, Successor Trustee
342 Cool Springs Blvd.
Suite 202
Franklin, TN 37067
(615) 771-7266
Insertion Dates: June 12, 2011, June 19, 2011, June 26, 2011
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
WHEREAS, The Carpenters House, Inc., a Tennessee not-for-profit corporation, executed a Deed of Trust to Randall Clemons, Trustee, dated December 11, 2008, of record in Record Book 885, Page 2760, as modified in Record Book 973, Page 1537, Register’s Office for Rutherford County, Tennessee, to secure an indebtedness evidenced by a Promissory Note payable to the order of Wilson Bank & Trust, hereinafter referred to as the “Deed of Trust”; and
WHEREAS, said conveyance was made for the purpose of securing the payment of certain sums as evidenced by a Promissory Note payable to the order of Wilson Bank & Trust; and,
WHEREAS, Byron M. Gill was appointed Substitute Trustee by instrument dated June 3, 2011, of record in Record Book 1064, Page 3564, Register's Office for Rutherford County, Tennessee; and,
WHEREAS, the Deed of Trust provided that in the event of default in payment of the Promissory Note and interest when due, the entire indebtedness shall, at the option of the legal owner or holder of the Note, become due and payable immediately; and,
WHEREAS, default has been made in the payment of the Promissory Note, and the indebtedness is now due and in default, and the owner and holder of the Note has declared the entire balance to now be due and payable, demand for payment having been made and refused, the Deed of Trust containing a power of sale in the event of default, the legal owner and holder of the Note has instructed the undersigned Substitute Trustee to foreclose the Deed of Trust.
NOW, THEREFORE, by virtue of the authority vested in me by the Deed of Trust and Appointment of Substitute Trustee, Byron M. Gill will, on the 15th day of July, 2011, at the hour of 10:00 a.m., local time, offer for sale at the east door of the Rutherford County Courthouse in Murfreesboro, Rutherford County, Tennessee, to the last, highest, and best bidder for cash, free from all rights and equities of redemption, homestead, dower, and of all other rights of exemptions of every kind as provided in the Deed of Trust, the following tract or parcel of land situated and lying in Rutherford County, Tennessee, together with all appurtenances and improvements thereunto belonging, which property is more particularly described as follows:
TRACT I:
Situated in the 9th Civil District of Rutherford County, Tennessee, to-wit:
Being all of Lot Nos. 1 and 2, The Church of God of Prophecy S/D, according to plat and survey of same appearing of record in Plat Book 13, page 338, in the Register’s Office of Rutherford County, Tennessee to which plat and survey reference is hereby made for more complete details and description of said lots.
Being the same property conveyed to The Carpenter’s House, Inc., a Tennessee not-for-profit corporation, by Quitclaim Deed from H. Wayne Hall, Richard Neal, Marion Caruthers and Charles Clark, Tennessee State Trustees of the Church of God of Prophecy, with the consent of the General Trustees of the Church of God of Prophecy, dated March 19, 2002, of record in Record Book 148, Page 1833, Register’s Office for Rutherford County, Tennessee.
This property is located at 3045 Memorial Blvd., Murfreesboro, TN 37129.
TRACT II:
Bound on the North by Tract 6 of this survey; on the East by Beverly Randolph Drive; on the South by Tract 4 of this survey; and on the West by Chapel Farms.
COMMENCING at a iron pin in the North line of Michael E. Craig, et ux c/o Paul L. Higginbotham (Deed Book 602, Page 514), being the Southwest corner of Tract 1 and the Southeast corner of Chapel Farms; thence with the East line of Chapel Farms, N-10°13’49”-E, 494.54 feet to an iron pin; thence continuing with the East line of Chapel Farms, N-10°13’48”-E, 124.66 feet to an iron pin; thence N-21°03’19”-E, 523.40 feet in an iron pin for the Point of Beginning, being the Southwest corner of this tract; thence with the East line of Chapel Farms, N-21°03’19”-E, 306.80 feet to an iron pin, being the Northwest corner of this tract; thence with the South line of Tract 6, S-72°18’38”-E, 979.91 feet to an iron pin in the West right-of-way of Beverly Randolph Drive, being the Northeast corner of this tract; thence with said right-of-way with a curve to the right, having a radius of 475.00 feet, with a chord bearing and distance of S-25°27’46”-W, 10.10 feet for an arc length of 10.10 feet to an iron pin; thence continuing with the West right-of-way of Beverly Randolph Drive, S-26°04’20”-W, 108.83 feet to an iron pin; thence with a curve to the left, having a radius of 525.00 feet, with a chord bearing and distance of S-24°42’33”-W, 24.98 feet for an arc length of 24.98 feet to an iron pin, being the Southeast corner of this tract; thence, leaving the West right-of-way of Beverly Randolph Drive with the North line of Tract 4, N-81°49’20”-W, 991.26 feet to the pin at the beginning, containing 5.00 acres, more or less, and being designated as Tract 5, on the unrecorded survey of Huddleston-Steele Engineering, Inc. dated November 20, 2006.
Being the same property conveyed to The Carpenter’s House, Inc., a Tennessee corporation, by Warranty Deed from The Richardson Group, LLC, a Tennessee Limited Liability Company, dated October 30, 2007, of record in Record Book 796, Page 1837, Register’s Office for Rutherford County, Tennessee.
This property is known as 5.00 acres, Beverly Randolph Drive, Murfreesboro, TN 37129.
Further reference is made to Deed of Trust of record in Record Book 885, Page 2760, as modified in Record Book 973, Page 1537, and Appointment of Substitute Trustee of record in Record Book 1064, Page 3564, Register’s Office for Rutherford County, Tennessee.
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, time, and place of sale set forth above.
The Substitute Trustee will make deed to the purchaser in accordance with the terms of the Deed of Trust. This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes which exist as a lien against said property, including without limitation city and county property taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption not otherwise waived in the Deed of Trust, 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.
Lienholder: Wilson Bank & Trust; Swanson Developments, LP
Interested parties: The Carpenters House, Inc.
If the highest bidder is unable to comply with the terms of the sale, the undersigned reserves the right to sell the property to the next highest bidder able to comply or to readvertise the sale if he so chooses.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 16th day of June, 2011.
Byron M. Gill, Substitute Trustee
Rochelle, McCulloch & Aulds, PLLC
109 North Castle Heights Avenue
Lebanon, TN 37087
(615) 443-8773
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 MARVIN L. BRILEY, JR., to Jeff Reed, Trustee, of record in Record Book 607, page 3770, in the Register's Office of Rutherford County, Tennessee, embracing real estate hereinafter described, and Kent Coleman, 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, JULY 12, 2011, at or about the hour of 11:00 A.M., at the properly described below and located at 1044 S.E. Broad Street 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 Rutherford County, Tennessee, to-wit:
Being all of Lot No. 2, Brown Brothers Subdivision and the Second Resubdivision of Lot 20, Bellwood Annex, as shown on survey and plat of same appearing of record in Plat Book 11, page 239, of the Register’s Office of Rutherford County, Tennessee, to which reference is hereby made for a more complete and accurate description of said lot.
This is property having an address of 1004 S.E. Broad Street, Murfreesboro, Tennessee 37130.
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 above property is further subject to liens of the United States Internal Revenue Service, Identifying No. XXX-XX-3928, filed for record in Record Book 930, page 3470; Record Book 1015, page 3001; and Record Book 1049, page 2624, all of said Register's Office. The sale of the land advertised above will be subject to the right of the United States to redeem the land as provided for in 26 U.S.C. §7425(d)(1). The undersigned further affirms that the notice required by 26 U.S.C. §7425(b) has been timely given to the United States.
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, but at the same 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: Marvin L. Briley, Jr., Mary M. Briley, Internal Revenue Service, Harris Electric Supply Company, Inc.
George H. White, Successor Trustee
White & Polk, P.C.
107 West College Street
Murfreesboro, TN 37130
(615) 893-6592
Publish: June 19, June 26, and July 3, 2011
Murfreesboro Post
Date of Sale: July 23, 2011 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 JARVIS (JOSH) L. TYREE and wife, CARENZA (CARRIE) L. TYREE, to Hugh M. Queener, Trustee, recorded in Record Book 735, page 2248, as modified in Record Book 762, page 1236, both of record in 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 filed for record in said Register's Office and said holder having directed him so to do.
NOTICE IS HEREBY GIVEN, that he will on TUESDAY, JULY 12, 2011, at or about the hour of 2:00 p.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 13th Civil District of Rutherford County, Tennessee, to-wit:
BEGINNING at a steel pin in the east right of way line of U.S. Highway 231, this being the SW corner of the tract; and the NW corner of Hill property; thence north, along Highway 231, 145 feet to a steel pin at the SW corner of the Waters property, this being the NW corner of the tract; thence east 297 feet bounded on north by Waters and Beasley and to a steel pin; thence south 153 feet bounded on east by Beasley to a corner post, this being the NE corner of the Hill property; thence west 282 feet bounded on the south by Hill to a steel pin at the beginning point.
This is property has an address of 1810 Memorial Boulevard, Murfreesboro, Tennessee 37129.
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, but at the same 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: Jarvis (Josh) L. Tyree, Carenza (Carrie) L. Tyree, Pinnacle National Bank, Mid-Cumberland Area Development Corporation, U.S. Small Business Administration, Auto Pride Car Wash on Memorial, LLC, Robert L. Taylor, Jr., Jackie S. Taylor
George H. White, Successor Trustee
White & Polk, P.C.
107 West College Street
Murfreesboro, TN 37130
(615) 893-6592
Publish: June 19, June 26 and July 3, 2011
Murfreesboro Post
Date of Sale: July 12, 2011 at 2:00 p.m.
LEGAL NOTICE OF PUBLIC HEARING
The Rutherford County Board of Zoning Appeals will meet Wednesday, July 13, 2011, at 4:30 p.m. in the Commission Chambers of the Historic Rutherford County Court House, center of Public Square, in Murfreesboro, Tennessee to act on the following requests:
A. Marvin Fink – BZA 2011-043
Location: 9653 Mount Ayre Way, Map No.:36B, Group: A, Parcel: 1.01, Request for variance relief to allow 660 square feet of additional detached accessory structure area in the R-15 zoning district.
B. Harold and Shirley Mosley – BZA 2011-044
Location: Bradyville Pike, Map No.:133, Parcel: 35.01, Request for conditional use permit allowing a Type B mobile home on a parcel measuring less than five acres and located in the R-15 zone.
C. Kendall M. Gray – BZA 2011-045
Location: 1100 Golden Creek Court, Map No.:025K, Group: C, Parcel: 11.00, Request for conditional use permit to establish a daycare for up to seven children and variance relief from vehicular egress requirements for daycare facilities for a property located in the R-15 zone.
D. BMCT LLC DBA The Swaim Center – BZA 2011-046
Location: 5555 Miller Road, Map No.:156, Parcel: 46, Request for conditional use permit to establish a dormitory style center that offers an alternative sentencing program for DUI and reckless driving offenders on a property located in the R-15 zoning district.
More detailed information on these requests is available at the Rutherford County Planning Department, who may be contacted at 615.898.7730. A video tour of agenda items will begin at 4:00 PM in Room 205 of the Historic Courthouse.
Zane Cantrell, Chairman – Rutherford County Board of Zoning Appeals
To be published: Sunday, June 26, 2011
LEGAL NOTICE OF MEETINGS
Meeting dates of the City Council and Boards and Commissions of the City of Murfreesboro during the month of July, 2011 are as follows:
Murfreesboro Gateway Commission-No Meeting Scheduled.
**City Council, Thursday, July 7, 2011, 7:00 p.m., Council Chambers - City Hall, 111 W. Vine Street.
Murfreesboro Cable TV Commission, Monday, July 11, 2011, 12:00 noon, Conference Room 218 - City Hall, 111 W. Vine Street.
City Hall Art Committee-No Meeting Scheduled.
City Board of Education Special Called Meeting-Policy Work Session, Tuesday, July 12, 2011, 6:30 p.m., Central Administration Building, 2552 South Church Street.
Old Fort Golf Commission-No Meeting Scheduled.
Pension Committee, Wednesday, July 13, 2011, 8:00 a.m., Council Chambers - City Hall, 111 W. Vine Street.
**Parks & Recreation Commission, Wednesday, July 13, 2011, 12:00 noon, Council Chambers - City Hall, 111 W. Vine Street.
**City Council, Thursday, July 14, 2011, 7:00 p.m., Council Chambers - City Hall, 111 W. Vine Street.
Linebaugh Library Board, Monday, July 18, 2011, 5:00 p.m., Library Board Room, 105 W. Vine Street.
**Murfreesboro Historic Zoning Commission, Tuesday, July 19, 2011, 3:30 p.m., Council Chambers - City Hall, 111 W. Vine Street.
Disciplinary Review Board, Wednesday, July 20, 2011, 12:00 o’clock noon, Administrative Conference Room-City Hall, 111 W. Vine Street.
**Planning Commission, Wednesday, July 20, 2011, 7:00 p.m., Council Chambers - City Hall, 111 W. Vine Street.
Murfreesboro Airport Commission-To Be Announced.
Evergreen Cemetery Commission, Thursday, July 21, 2011, 10:00 a.m., Pinnacle Bank, 4th Floor Conference Room, 114 West College Street.
Homeless Task Force, Thursday, July 21, 2011, 2:00 p.m., Conference Room 218 - City Hall, 111 W. Vine Street.
**City Council, Thursday, July 21, 2011, 7:00 p.m., Council Chambers - City Hall, 111 W. Vine Street.
St. Clair Street Senior Center Commission, Monday, July 25, 2011, 8:30 a.m., Senior Citizens Center, 325 St. Clair Street.
Construction Board of Adjustments and Appeals, Tuesday, July 26, 2011, 1:00 p.m., Conference Room 218 - City Hall, 111 W. Vine Street.
Water and Sewer Board, Tuesday, July 26, 2011, 3:30 p.m., Operation & Maintenance Complex, 1725 S. Church Street.
**City Board of Education, Tuesday, July 26, 2011, 6:30 p.m., Council Chambers - City Hall, 111 W. Vine Street.
Urban Environmental Commission-No Meeting Scheduled.
Power Board, Wednesday, July 27, 2011, 8:30 a.m., Board Room - Murfreesboro Electric Department, 205 N. Walnut Street.
**Board of Zoning Appeals, Wednesday, July 27, 2011, 1:00 p.m., Council Chambers - City Hall, 111 W. Vine Street.
**City Council, Thursday, July 28, 2011, 7:00 p.m., Council Chambers - City Hall, 111 W. Vine Street.
The public is invited to attend all meetings. Requests for an accommodation to enable an individual with a disability to attend or to participate in a meeting should be made by calling Glen Godwin at 893-5210, TDD 849-2689, at least two (2) working days in advance.
Meeting dates, times and locations are subject to change or cancellation. Notice may be given on Government Cable Channel 3.
This notice is provided in compliance with Chapter 442 of the 1974 Public Acts of the State of Tennessee which is commonly known as the Sunshine Law.
ROBERT J. LYONS
CITY MANAGER
**CABLECASTED ON THE MURFREESBORO CITY CHANNEL LOCATED ON COMCAST 3 and AT&T CHANNEL 99
WEBCASTED ON www.murfreesborotn.gov
SCHEDULE AVAILABLE AT:
MURFREESBORO CITY HALL, 111 W. VINE STREET (615) 893-5210
LINEBAUGH PUBLIC LIBRARY, 105 W. VINE STREET (615) 893-4131
ST. CLAIR SENIOR CENTER 325 ST. CLAIR STREET (615) 848-2550
COMCAST (MURFREESBORO) 340 NEW SALEM
TO BE RUN: JUNE 26, 2011
MURFREESBORO POST
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