| Legal/Public Notices for 08-07-2011 (3) |
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Posted: Monday, August 8, 2011 12:24 pm
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NOTICE OF SUBSTITUTE TRUSTEE`S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated November 30, 2006, executed by Connie A. Bissinger and Michael A. Bissinger, conveying certain real property therein described to Mark A. Rosser, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded December 11, 2006, in Deed Book 694, Page 2533-2551; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having been appointed as Substitute Trustee by instrument to be 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, Rubin Lublin Suarez Serrano TN LLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on August 25, 2011 at 02:00 PM at the courthouse door where the foreclosure sales are customarily held , located in Murfreesboro, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Rutherford County, Tennessee, to wit: LAND IN THE 7TH CIVIL DISTRICT, RUTHERFORD COUNTY, TENNESSEE, DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN THE CENTER LINE OF BLACKMAN ROAD, BEING THE SOUTHWESTERLY CORNER OF THE PROPERTY CONVEYED TO FRANCIS MICHAEL SNELL (DEED BOOK 285, PAGE 173) THENCE, WITH THE CENTER LINE OF SAID ROAD N. 37 DEGREES 31 MINUTES W 238 FEET TO A NAIL; THENCE, LEAVING SAID ROAD WITH A NEW LINE N 35 DEGREES 47 MINUTES E, PASSING A PIN AT 25 FEET, A TOTAL DISTANCE OF 240.0 FEET TO A PIN; THENCE, WITH A NEW LINE, S 71 DEGREES 17 MINUTES E, 238.3 FEET TO A PIN BEING THE NORTHWESTERLY CORNER OF THE PROPERTY CONVEYED TO G.S. DISMUKE, JR. (DEED BOOK 116, PAGE 232), AND THE NOTHERLY CORNER OF SAID SNELL`S PROPERTY; THENCE, WITH SNELL`S NORTHWESTERLY PROPERTY LINE, S 35 DEGREES 47 MINUTES W, PASSING A PINE AT 23.7 FEET, FOR A TOTAL DISTANCE OF 378.4 FEET TO THE POINT OF BEGINNING. THE PROPERTY HEREIN CONVEYED IS SUBJECT TO AN EASEMENT FOR THE RIGHT OF WAY OF BLACKMAN ROAD ACROSS SO MUCH OF THE PREMISES AS MAY LIE THEREIN. PARCEL 071-00802 FOR TITLE REFERENCE SEE DEED RECORDED JULY 22, 1981 IN BOOK 304, PAGE 503 PARCEL ID: 071-00802 PROPERTY ADDRESS: The street address of the property is believed to be 4702 Blackman Road, Murfreesboro, TN 37129. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): Connie A. Bissinger and Michael A. Bissinger OTHER INTERESTED PARTIES: Capital One Bank, N.A. The sale of the above-described property shall be subject to all matters shown on any recorded plat; 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 to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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. 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 Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846 Ad #14337: 2011-07-31 2011-08-07, 2011-08-14
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 June 8, 2007, executed by JOSE FONSECA VARGAS and wife, LUZ E. CHAVEZ to JOHN E. SIMMONDS, Trustee, of record in Record Book 752, page 3903, 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 August 16, 2011, AT 3:30 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:
A certain tract or parcel of land in Rutherford County, State of Tennessee, described as follows, to-wit:
BEING all of Lot No. 112, MADISON SQUARE SUBDIVISION, SECTION 1, according to plat and survey of same appearing of record in Plat Book 21, page 119, Register’s Office of Rutherford County, Tennessee, to which plat reference is here made for complete details as to location of said lot.
Being the same property conveyed to Jose Fonseca Vargas and wife, Luz E. Chavez, by Warranty Deed from Randall D. Hinger and wife, Flor E. Hinger, dated June 8, 2007, of record in Record Book 752, page 3901, Register’s Office for Rutherford County, Tennessee.
THIS IS IMPROVED PROPERTY KNOWN AS 3000 Madison Square Boulevard, LaVergne, Tennessee 37086.
MAP & PARCEL: 15L-C-41.00
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 April 11, 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 752, PAGE 3914, 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 18th day of July, 2011. This is improved property known as 3000 Madison Square Boulevard, LaVergne, Tennessee 37086.
Bryan D. Spicer, Successor Trustee
342 Cool Springs Blvd.
Suite 202
Franklin, TN 37067
(615) 771-7266
Insertion Dates: July 24, 2011, July 31, 2011, August 7, 2011
NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, ZIP Properties, LLC, a Tennessee limited liability company, executed a Deed of Trust dated September 13, 2007, of record in Book 783, Page 2572, Register’s Office for Rutherford County, Tennessee, to secure an indebtedness evidenced by a Promissory Note payabe to the order of Wilson Bank & Trust, hereinafter referred to as the “Deed of Trust”; and
WHEREAS, said Deed of Trust was modified by a Modification of Deed of Trust, dated May 27, 2009, and of record in Record Book 923, Page 1692, Register’s Office for Rutherford County, Tennessee; and
WHEREAS, said Deed of Trust was further modified by a Modification of Deed of Trust, dated May 27, 2009, and of record in Record Book 955, Page 3226, Register’s Office for Rutherford County, Tennessee; 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, Gregory S. Gill was appointed Substitute Trustee by instrument dated March 17, 2011, of record in Book 1051, Page 1731, 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 owners or holders 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 owners and holders of the Note have 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 owners and holders of the Note have 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, Gregory S. Gill will, on the 15th day of August, 2011, at the hour of 11:00 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 al other rights of exemptions of every kind as provided in the Deed of Trust, the following tracts or parcels of land situated and lying in Rutherford County, Tennessee, together with all appurtances and improvements thereunto belonging, which property is more particularly described as follows:
Being Lot 6 as more particularly shown on the plat entitled “Final Plat Oliver Subdivision Resubdivision of Lots 6 and 7”, of record at Plat Book 35, page 30 in the Register’s Office for Rutherford County, Tennessee, to which plat reference is hereby made for a more complete description.
Being part of the same property conveyed to ZIP Properties, LLC, by deed from Elgin Oliver, Jr., dated December 30, 2005, and of record in Record Book 579, Page 2327, in the Register’s Office for Rutherford County, Tennessee, and by deed from Elgin Oliver, Jr., dated June 29, 2006, and of record in Record Book 637, Page 2412, in said Register’s Office. 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 aplicable 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
Interested Parties: ZIP Properties, LLC; PACS, LLC; Digital Diagnostics, PLC; Radiology & Diagnostics, PLC; Deborah Winters; Mark W. Winters; Melton Excavating Company; Robert J. Prather d/b/a R.J. Prather Construction, LLC; Alley Cassetty Company, Inc.; Nashville High Lift, LLC; Middle Tennessee Testing Company, Inc.; Sunbelt Rentals, Inc.; Teb Batey, Rutherford County Trustee
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 20th day of July, 2011.
/s/ Gregory S. Gill, Substitute Trustee
Rochelle, McCulloch & Aulds, PLLC
109 North Castle Heights Avenue
Lebanon, TN 37087
(615) 443-8755
To be published: July 24, 2011, July 31, 2011 and August 7, 2011
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 May 17, 2006, executed by Dan Elam, to J. Ben Weatherford, Trustee, recorded in Record Book 635, page 2349, Register's Office for Rutherford County, Tennessee, as modified by instrument of record in Record Book 1008, page 1820, 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 1071, page 1329, of the 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, August 31, 2011, at or about the hour of 10:00 a.m. at the East door of the Old Rutherford County Courthouse in Murfreesboro, TN, 37130, 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 borrower hereby relinquishes all right of dower and curtesy in the property, the following described parcel of real estate situated in Rutherford County, Tennessee, to-wit:
Lot 8 on the Plan of Carolyn Court, Section II, of record in Plat Book 13, page 99, Register’s Office for Rutherford County, Tennessee, to which reference is hereby made for a more complete description.
Being the same property conveyed to Dan Elam by Warranty Deed from Katherine Wright, as Trustee for Sarah Katherine Wright, recorded on the 7the day of January, 1998, in Deed Book 613, page 806, in the Register’s Office of Rutherford County, Tennessee.
This is unimproved property known as 2027 Carolyn Court, Murfreesboro, TN, 37130.
THIS SALE IS SUBJECT TO any and all unpaid 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 635, page 2349, as modified by instrument of record in Record Book 1008, page 1820, 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 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: July 31, August 7, and August 14, 2011
LEGAL NOTICE
ADDITIONS TO RUTHERFORD COUNTY HEALTH DEPARTMENT
SMYRNA, TENNESSEE
Sealed Proposals for Additions to Rutherford County Health Department, Smyrna, Tennessee, should be mailed or hand-delivered to the Rutherford County Mayor’s Office, Room 101, Courthouse, Murfreesboro, TN 37130. Proposals will be received until 4:00 p.m. Central Daylight Savings Time, Tuesday, August 30, 2011. Bids will be publicly opened by the Purchasing Committee and read aloud at 4:30 p.m. Central Daylight Savings Time on the same day.
General Contractors submitting a bid shall obtain bidding documents from the office of Johnson + Bailey Architects P.C., 100 E. Vine Street, Murfreesboro, Tennessee after August 3, 2011. A deposit of $1,750.00
will be required for two sets of contract documents. Checks will be refunded to all Bidders who return contract documents in good condition within 10 days after Proposals are opened, except the deposit will not be refunded to the Bidder to whom the Contract is awarded. The Bidder to whom the contract is awarded
will be provided with 15 complete sets of plans and specifications in consideration for the deposit paid. Individual drawings, specifications sections and/or complete sets of plans and specifications may be obtained
by materials suppliers, subcontractors and others for printing cost from the following printing company:
Prographics Blueprint Co., Inc.
1811 Church Street
Nashville, TN 37203
(615) 327-0386
Bidders shall be licensed General Contractors as required by applicable laws of the State of Tennessee. Where licenses are required for subcontractors by applicable laws of the State of Tennessee, subcontractors
shall be licensed in the area(s) of work performed.
The Owner for this project is Rutherford County, Tennessee to whom all bonds and contracts shall be designated.
Each Proposal shall be accompanied by bid bond in the amount of 5% of the bid. The bond is required as a guarantee that, if the bid is accepted, a contract will be entered into.
A performance bond and a labor and material payment bond in the amount of 100% of contract sum, issued by a bonding company licensed in the State of Tennessee and acceptable to Owner, will be required of successful bidder to guarantee faithful performance of work under the contract. See Supplement to General Conditions of the Contract.
In the event Bidder to whom the contract is awarded fails to execute a satisfactory contract and bond, he shall be eliminated and shall forfeit his bid bond, and shall be liable for any loss occasioned to the Owner because of such failure.
BY: JOHNSON + BAILEY ARCHITECTS P.C.
FOR: RUTHERFORD COUNTY, TENNESSEE
LEGAL NOTICE OF PUBLIC HEARING
The Rutherford County Board of Zoning Appeals will hold a special meeting Wednesday, August 17, 2011, at 4:30 p.m. in Room 205 of the Historic Rutherford County Court House, center of Public Square, in Murfreesboro, Tennessee to act on the following requests:
A. Robert Kelly– BZA 2011-053
Location: 1013 Glastonbury Way, Map No.:57M, Group: B Parcel: 12.00, Request for variance relief for a 2' reduction from the 40' minimum front yard setback for a property located within the R-15 zone.
More detailed information on these requests is available at the Rutherford County Planning Department, who may be contacted at 615.898.7730.
Zane Cantrell, Chairman – Rutherford County Board of Zoning Appeals
To be published: Sunday, August 7, 2011
LEGAL NOTICE
The Rutherford County Purchasing Committee will meet on Tuesday, August 30, 2011 at 4:30 P.M. in Suite 205 of the Rutherford County Courthouse to open bids on the following:
1. Wheel Tax Stickers – County Clerk
2. 4 Station Folder Inserter – Assessor of Property
3. Fuel Services
4. Additions to Smyrna Health Department. Bidding documents may be obtained by contacting Johnson + Bailey Architects, P.C., 100 E. Vine Street, Murfreesboro, TN (615) 890-4560.
5. Inmate Telephone Service –Correctional Work Center
6. Rescue Truck – Fire Department
7. Any Other Business
The Purchasing Committee reserves the right to accept the lowest or best bid and/or reject any and all bids.
In accordance with ADA (Americans with Disabilities Act), any disabled persons requiring accommodations for participation in the meeting should contact the County Mayor’s Office at 898-7745 at least two working days prior to the meeting in order that appropriate accommodations can be made.
PURCHASING COMMITTEE
TO BE RUN: Sunday, August 7, 2011 |
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