| Legal/Public Notices for 07-04-10 (3) |
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Posted: Tuesday, July 6, 2010 10:00 am
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SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE
DEFAULT having occurred in the performing terms of a promissory note described and secured by a Deed of Trust of record in Record Book 193, Page 223, Register’s Office for Rutheford County, Tennesse, and executed on the 2nd day of October 2002 by Mary A. Burgett and Samuel Burgett conveying the propety therein described to Kevin T. Clayton, Trustee, to secure said indebtedness therein described to CMH Homes, Inc. d/b/a Country Squire Murfreesboro. Said Deed of Trust having been assgned to Vanderbilt Mortgage and Finance, Inc. of record in 994, Page 3905, Register’s Office for Rutherford County, Tennessee. . Vanderbilt Mortgage and Finance, Inc. executed and Appointment of Substitute Trustee, naming R.N. “BO” TAYLOR as Substitute Trustee, which is of record in Record Book 994, Page 3907 in the Register’s Office for Rutherford County, Tennessee.
And DEFAULT having been made in the promising terms of said Deed of Trust, which contains the power to sell upon default, the owner and holder, in accordance with the terms of said Deed of Trust, hereby declares the entire debt due and payable and demands that the said R.N. “BO” TAYLOR, Substitute Trustee, sell the property in accordance with said Deed of Trust.
THEREFORE, notice is hereby given that I, R.N. “BO” TAYLOR, SUBSTITUTE TRUSTEE, by virtue of the power and authority vested in me by said Deed of Trust, will on July 13, 2010 at 10:00 a.m. at the front door of the Courthouse in Murfreesboro , Rutherford County, Tennessee, sell at public outcry to the highest bidder for cash, and free from the equity of redemption, homestead, dower and all other exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following land in Rutherford County, Tennessee, described as follows:
A certain tract of real estate located and situated in the 10th Civil District of Rutherford County, Tennessee, and being more particularly described according to survey dated January 17, 1997 by Robert E. Francis, Registered Land Surveyor #669, as follows:
Bound on the North and East by Thompson Road; on the South by William Pinkston (Deed Book 533, Page 497); and on the West by Mark D. Wilson (Deed Book 518, Page 177).
Beginning at a nail on the centerline of Thompson Road approximately 912 feet Southeast of the centerline of State Route 99; thence with the centerline of Thompson Road S 54 deg. 23' 00" E 80.74 feet to a nail, being the Southwest corner of Burton Ragsdale, the Northwest corner of Tract 2 of this survey, and the Northeast corner of this tract; thence continuing with the centerline of Thompson Road S 36 deg. 21' 20" E 120.23 feet to a nail; thence S 25 deg. 06' 10" E 101.57 feet to a nail; thence S 06 deg. 36' 10" E 155.83 feet to a nail; thence S 11 deg. 45' 40" E 122.36 feet to a nail; thence S 09 deg. 58' 20" E 177.83 feet to a nail, being the Southwest corner of Tract 2 and the Southeast corner of this tract; thence with the North line of William Pinkston S 88 deg. 31' 50" W through the West right-of-way of Thompson 21.50 feet to an iron pin set by a corner post; thence with the North fence line of William Pinkston S 88 deg. 31' 50" W 317.71 feet to an iron pin set in the root of a 10' ash in line with fences, being the Northwest corner of William Pinkston and the Southwest corner of this tract; thence with the East line of Mark D. Wilson N 01 deg. 21' 50" W 372.44 feet to an iron pin set by a 6" cedar in an old fence line; thence continuing with the East fence line of Mark D. Wilson N 00 deg. 51' 10" W 329.18 feet to an iron pin set, being the Northwest corner of this tract; thence with the South right-of-way of Thompson Road S 73 deg. 19' 50" E 92.97 feet to a concrete marker found; thence through the South right-of-way of Thompson Road N 27 deg. 53' 30" E 21.76 feet to the nail at the beginning, more or less.
Being the same property conveyed to Mary A. Burgett and husband, Samuel Burgett by Warranty Deed dated 7/1/01 from Edwin Smith and wife, Margaret Smith of record in Record Book 85, Page 2079 in the Register's Office for Rutherford County, Tennessee.
Being a portion of the same real estate conveyed to CMH Homes, Inc. by deed July 26, 2007 and filed for record August 3, 2007 in Record Book 304, page 206, in the Register’s Office of Chester County, Tennessee.
For source of title, see Record Book 317, Page 588.
This property includes a Clayton mobile home, Serial Number NO2014846TNAB which was purchased under an installment contract-security agreement which evidences the deed of trust and which will stay with the land. The sale of this property is pursuant to Section 9-604 of the Uniform Commercial Code and Tennessee Annotated 47-9-604.
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. Said sale will be in bar of the right and equity of redemption, homestead and dower, but subject to all tax and prior liens of record in the Register's Office for Rutherford County, Tennessee, which are applicable to this property and unpaid real estate taxes, if any.
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 sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. The right is reserved to adjourn the day of the sale to another day, time and place certain without further publication, upon announcement at the time and place for the sale set forth above.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Dated, this 10th day of June, 2010.
R.N. “Bo” Taylor, Substitute TrusteeAttorney at Law
305 Fourteenth Avenue, North, Nashville, Tennessee 37203
(615) 859-0060
SUBORDINATE LIENHOLDERS:
OTHER INTERESTED PARTIES: N/A
Dates of Publication: June 20, 2010, June 27, 2010 & July 4, 2010 |
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