| Legal/Public Notices for 07-10-2011 (4) |
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Posted: Monday, July 11, 2011 4:53 pm
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NOTICE OF SUBSTITUTE TRUSTEE'S SALE TENNESSEE, RUTHERFORD COUNTY
DEFAULT having been made in the terms, conditions and payments provided in certain Deed of Trust executed by Phetoudon Ang Phongmany and Sue Phongmany to Gail C. Victory, Trustee dated November 30, 2005 in the amount of $180,700.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 1385292, Deed Book 569, Page 3416-3436, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to U.S. Bank National Association as Trustee RASC 2006KS1 by assignment; and, U.S. Bank National Association as Trustee RASC 2006KS1, as the current holder of said Deed of Trust (the "Holder"), has appointed as Substitute Trustee the undersigned, , any of whom may act, 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; therefore, NOTICE is hereby given that the entire amount of said indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and the undersigned as Substitute Trustee, or a duly appointed attorney or agents by virtue of the power and authority vested by the Appointment of Substitute Trustee, will on Thursday, July 21, 2011 commencing at 12:00 PM at the east door of the Rutherford County Courthouse, Murfreesboro, Tennessee; sell to the highest bidder for cash, immediately at the close of sale, the following property to-wit: Being Lot No. 48, Autumn Glenn Subdivision, as shown by plat appearing of record in Plat Book 23, Page 219, of the Registers Office of Rutherford County, Tennessee, to which plat reference is hereby made for more complete details of said lot. Being the same property conveyed to Phetoudone Ang Phongmany and wife, Sue Phongmany, by Warranty Deed from Daisy E. Gannon and Shannon M. Gannon, married dated 11-30-05 in Book 569, Page 3414, Registers Office for Rutherford County, Tennessee. Subject to Restrictive Covenants of record in Book 37, Page 163, in the Registers Office of Rutherford County, Tennessee. Subject to TVA right of way easement of record in Book 282, Page 199, 200, in the Registers Office of Rutherford County, Tennessee. Map & Parcel No.: 36C-A-48.00 PROPERTY ADDRESS: 116 Epps Wood Court North, Murfreesoboro, Tennessee 37129 CURRENT OWNER(S): Phetoudon Ang Phongmany and Sue Phongmany SUBORDINATE LEINHOLDERS: JPMorgan Chase Bank, N.A./EMC Mortgage 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, however, the undersigned will sell and convey only as Substitute Trustee. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property; as well as any prior liens or encumbrances as well as priority created by a fixture filing; and/or any matter that an accurate survey of the premises might disclose. If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Workforce 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, as required by 26 U.S.C § 7425 and T.C.A. § 67-1-1433. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust. The notice requirements of T.C.A. §35-5-117 were satisfied prior to the first publication of the Notice of Substitute Trustee`s Sale. Substitute Trustee reserves the right 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. MCC TN, LCC 3525 Piedmont Road NE, Six Piedmont Center, Suite 700 Atlanta, GA 30305 (404) 373-1612 www.mccurdycandler.com File No. 11-04630 /CONV Ad Run Dates: 6/26/2011, 7/3/2011 and 7/10/2011 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Ad # 13430
FORECLOSURE SALE NOTICE
WHEREAS, James D. Davis, Jr. and wife, Lisa M. Davis, by a Deed of Trust, dated August 8, 2008, of record in Book 865, Page 3738, Modification of Deed of Trust, dated December 16, 2008, of record in Book 887, Page 2463, Modification of Deed of Trust, dated June 12, 2009, of record in Book 929, Page 3477, Modification of Deed of Trust, dated June 12, 2009, of record in Book 929, Page 3481, and a Modification of Deed of Trust, dated August 30, 2010, of record in Book 1013, Page 3476, Register’s Office for Rutherford County, Tennessee, conveyed to Randall Clemons, Trustee, the hereinafter described real property to secure payment of a promissory note as described in said Deed of Trust; and
WHEREAS, Robert Evans Lee having been appointed Substitute Trustee by Wilson Bank & Trust, the owner and holder of said note by an instrument of record in Book 1060, Page 2578, Register’s Office for Rutherford County, Tennessee, with authority to act alone with the powers given the Trustee; and
WHEREAS, default having occurred with respect to the note secured by the Deed of Trust, and the full balance owing having been accelerated; and
WHEREAS, Wilson Bank & Trust, as the owner and holder of said note, has demanded that the real property covered by the Deed of Trust be advertised and sold in satisfaction of said debt and the cost of the foreclosure, in accordance with the terms and provisions of said note and Deed of Trust;
NOW, THEREFORE, notice is hereby given that I, Robert Evans Lee, Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon me in said Deed of Trust, will on August 12, 2011 at 2:00 PM., Central Time, at the front door of the Courthouse in Murfreesboro, Rutherford County, Tennessee, offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory or otherwise, homestead, dower and all other rights and exemptions of every kind as provided in said Deed of Trust, certain real property situated in Rutherford County, Tennessee, described as follows:
LAND in Rutherford County, Tennessee within the corporate limits of the City of Murfreesboro, and being more particularly described as follows:
Tract 1
Beginning at a steel pin on the south margin of Shelby Street in the east line of the Mid-Tenn Motel Property (Deed Book 294, page 523), and also being at the northeast corner of Lot 26. Block “F” of the Carter Sloan Addition and being the northwest corner of the property herein described; thence S 81 deg. 46’ 00” E, 100.00 feet to a steel pin on the south margin of the said Shelby Street; thence S 7 deg. 25’ 41” W. 149.78 feet to a steel pin; thence N 81 deg. 53’ 28” W. 100.00 feet to a steel pin at the south east corner of Lot 26, Block “F” of the Carter Sloan Addition; thence N 7 deg. 25’ 45” E, 150.00 feet to the Point of Beginning, and containing 14.987.87 square feet.
Beginning at a metal pin in the south margin of Shelby Street at the northwest corner of the Investment Properties Company (Deed Book 442, page 390) and being at the northeast corner of the property herein described; thence leaving the said margin of Shelby Street S 5 deg. 51’ 00” W. a distance of 149.83 feet to a metal tube; thence N 81 deg. 53’ 28” W. a distance of 30.59 feet to a metal pin; thence N 7 deg. 25’ 41” E, a distance of 149.78 feet to a metal pin in the said south margin of Shelby Street; thence following the said south margin of Shelby Street S 81 deg. 46’ 00” E. a distance of 26.46 feet to the Point of Beginning, containing 4,272.38 square feet or 0.10 acres more or less.
BEING the same property conveyed to James D. Davis and wife, Lisa M. Davis by Quitclaim Deed from The Davis Groupe, LLC of record in Record Book 156, Page 359 on May 14, 2002 and filed for record on May 14, 2002, Register’s Office for Rutherford County, Tennessee.
Subject property has the address of 212 Shelby Street, Murfreesboro, TN 37130
TRACT 2
Land in Rutherford County, Tennessee, BEING all of Lot No. 1, Subdivision Plat of the John Brothers Property, according to plat and survey of same appearing of record in Plat Book 32, page 286, of the Register’s Office of Rutherford County, Tennessee, to which plat reference is hereby made for a more complete description and location of said lot.
Being the same property conveyed to James D. Davis, Jr. and wife, Lisa M. Davis, by Warranty Deed from John Brothers and wife, Sheron Brothers, of record in Record Book 822, Page 1810, dated February 26, 2008 and filed for record on February 26, 2008, Register’s Office for Rutherford County, Tennessee.
Subject property has the address of Lot 1, Miller Lane, Murfreesboro, TN 37130
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.
Substitute 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 Substitute Trustee only.
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.
INTERESTED PARTIES are Rutherford County Property Tax Division.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.
THIS 31st day of May, 2011
Run: July 3, 2011, July 10, 2011, July 17, 2011
Robert Evans Lee, Substitute Trustee
Lee & Lee Attorneys at Law, P.C.
109 East Gay Street
Lebanon, TN 37087
615-444-3900
NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a certain Multipurpose Note and Security Agreement dated September 24, 2004, and the Deed of Trust of even date, securing the same, recorded October 1, 2004 at Record Book 432, pages 2913-2918 in the Register’s Office of Rutherford County, Tennessee, executed by EDWARD G. DOUGLAS, conveying certain property therein described to James R. Bryant, as Trustee for FIRSTBANK, Branch 84; and, the undersigned, B. Jo Atwood, of Atwood and Moore, Attorneys having been appointed as Substitute Trustee by instrument filed for record 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 the undersigned, B. Jo Atwood, as Substitute Trustee by virtue of the power, duty and authority vested in and imposed upon said Substitute Trustee will, on the 10th day of August, 2011, 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:
Bound on the north by J. H. Adock (Deed Book 84, page 600); on the east by Rock Springs Rd; and on the south and west by Tract No. 2 of this survey. BEGINNING at a railroad spike found in the centerline of Rock Springs Road, being the NE corner of this tract and the SE corner of Adcock; thence with the centerline of Rock Springs Road S 12 deg. 40’ E 10” W, 270.97 feet to a nail set; thence S 12 deg. 18’ 10” W, 256.33 feet to a nail set; thence S 13 deg. 00’ 20” W, 27.20 feet to a nail set being the SE corner of this tract and a NE corner of Tract 2 of this survey; thence with the north fenceline of Tract 2 N 79 deg. 06’ 50” W, 262.85 feet to an iron pin set; thence N 79 deg. 18’ 10” W, 253.50 feet to an iron pin set; thence S 64 deg. 10’ 40” W, 77.91 feet to an iron pin set; thence N 80 deg. 47’ 50” W, 323.28 feet to an iron pin set; thence N 80 deg. 53’ 30” W, 563.78 feet to an iron pin set being the SW corner of this tract; thence with east line of Tract 2 N 08 deg. 45’ 10” E, 904.84 feet to an iron pin set being the NW corner of this tract and a SW corner of Adcock; thence with south fenceline of Adcock S 78 deg. 51’ 00” E, 485.25 feet to an iron pin set; thence S 77 deg. 55’ 10” E, 497.78 feet to an iron pin set; thence S 78 deg. 18’ 30” E, 539.39 feet to the railroad spike found at the beginning, containing 29.46 acres, more or less.
ALSO KNOWN AS: 1236 Rock Springs Road, Christiana, Tennessee 37037. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, leases, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances, easements, as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.
Current Owner: EDWARD G. DOUGLAS
This sale held pursuant to this Notice may be rescinded at the Substitute 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. The undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.
DATED July 6, 2011
B. JO ATWOOD, Substitute Trustee
ATWOOD & MOORE, ATTORNEYS
144 Uptown Square
Murfreesboro, TN 37129
(615) 895-2421
To be run: Murfreesboro Post, Classified Ads, July 10th, 17th and 24th
LEGAL
Sealed bids will be received by the City of Murfreesboro, at the Office of the City Manager, City Hall, 111 West Vine Street on August 11, 2011 at 3:00 pm CST for Solid Waste Roll Out Refuse Carts. Bid forms and specifications may be picked up any working day, Monday through Friday, at City Hall. The City of Murfreesboro reserves the right to reject any and all bids.
Robert J. Lyons, City Manager
BID INVITATION
2011 Rotary Cutter
The Murfreesboro Water & Sewer Department is accepting sealed bids for purchase of one (1) 2011, 15 foot wide, medium duty, flex wing, tractor rotary cutter. Bids must be received in hand by 3:00 P.M Thursday, July 28, 2011 and may be express mailed or hand delivered to the Murfreesboro Water & Sewer Department Administrative office located at 300 NW Broad St., Murfreesboro, Tennessee. All bids must be clearly marked “2011 Rotary Cutter – ATTN: DARREN GORE” on the outside of the envelope. Specifications and contract documents may be obtained from the Murfreesboro Water & Sewer Department Administrative Office at the aforementioned address. Telephone number 615-890-0862; contact: Darren Gore. Bids submitted by fax or electronically cannot be accepted or considered for award. The City reserves the right to reject any and all bids and to waive technicalities.
LEGAL NOTICE OF PUBLIC MEETING
The Rutherford County Regional Planning Commission announces the following meeting:
• July 25, 2011 at 9:00 AM in the Planning Department Mezzanine Meeting Room located at 1 South Public Square, Murfreesboro, TN. The Planning Commission will also hold a public hearing to consider revisions to Article XIII of the Zoning Resolution in regards to regulations for storm shelters.
An agenda for this meeting may be obtained at the Planning and Engineering Office located a 1 South Public Square, Room 200, by calling 615.898.7730 or on our website at www.rutherfordcountytn.gov/planning/index.htm. All interested parties are invited to attend.
TO BE RUN IN THE MURFREESBORO POST: July 10, 2011
LEGAL NOTICE OF PUBLIC MEETING
The Bicycle Safety Sub-Committee will hold a public meeting on July 18, 2011 at 6:00 PM in the Mezzanine meeting room of the Planning Department, located at One Public Square South, Murfreesboro, Tennessee. All interested parties are invited to attend.
TO BE RUN IN THE MURFREESBORO POST: July 10, 2011
MURFREESBORO
AIRPORT COMMISSION
The Murfreesboro Airport Commission will be meeting on Monday, July 18, 2011, at 4:45 pm at the Murfreesboro Municipal Airport, Terminal/Administration Building, 1930 Memorial Boulevard, Murfreesboro, Tennessee 37129.
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