| Legal/Public Notices for 08-08-10 (1) |
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Posted: Monday, August 9, 2010 10:57 am
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IN THE CHANCERY COURT OF COFFEE COUNTY, TENNESSEE
IN THE MATTER OF: JOSEPH LOUIS HUGHES D/O/B: 3/12/1997
HEATHER E. B. HUGHES AND CICILY ANNA MARIA ETHERIDGE PETITIONERS,
VS. TIMOTHY STORY AND JAMES, ALLEGED FATHERS RESPONDENTS.
TO: TIMOTHY STORY AND JAMES
CASE: 10-270
Order of Publication
It apprearing from the bill in this cause, which is sworn to that the residence and current address of the above listed defendant, UNKNOWN FATHER, is unknown and cannot be served with process. It is ordered that publication be made for four consecutive weeks in THE MURFREESBORO POST, a newspaper published in MURFREESBORO, RUTHERFORD COUNTY, TN Requiring the said defendant, UNKNOWN FATHER, to appear before the clerk of said Court on or before thirty days after the last publication hereof and make defense to the bill filed in the above cause, which seeks ADOPTION or otherwise said bill be taken for confessed and cause proceeded with exparte.
This the 26th day of July, 2010.
Charlotte V. Broyles, Clerk of said Court.
By: Trisha L. Henegar, Attorney at law.
Solicitors for Plaintiffs:
HEATHER E. B. HUGHES and
CICILY ANNA MARIA ETHERIDGE
TO BE RUN: 8/8, 8/15,
8/22 & 8/29/2010
NOTICE TO CREDITORS
Estate of Rita S Welsh
Notice is hereby given that on the 30 day of July 2010, Letters Testamentary, in respect to the estate of Rita S Welsh, who died May 28, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 30 day of July, 2010.
Signed s/ Lisa A Ulmer, Co-Executrix
Signes s/ David W Allgood, Co-Executor
Attorney for the estate: Ronald H. Bice Jr
Georgia Lynch, County Clerk
To be run 08/08/2010 & 08/15/2010
NOTICE TO CREDITORS
Estate of Raymond Gurney Jr
Notice is hereby given that on the 30 day of July 2010, Letters of Administration, in respect to the estate of Raymond Gurney Jr, who died April 29, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 30 day of July, 2010.
Signed s/ Judith Gurney, Administratrix
Attorney for the estate: Jeffery E McCullough
Georgia Lynch, County Clerk
To be run 08/08/2010 & 08/15/2010
NOTICE TO CREDITORS
Estate of William Odell Thurman
Notice is hereby given that on the 20 day of July 2010, Letters Testamentary, in respect to the estate of William Odell Thurman, who died June 18, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 20 day of July, 2010.
Signed s/ Shirley A Daniels, Executrix
Attorney for the estate: Patrick M Carter
Georgia Lynch, County Clerk
To be run 08/01/2010 & 08/08/2010
NOTICE TO CREDITORS
Estate of Nancy Jean Parks
Notice is hereby given that on the 22 day of July 2010, Letters Testamentary, in respect to the estate of Nancy Jean Parks, who died June 04, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 22 day of July, 2010.
Signed s/ James D Parks Jr, Co-Executor
Signes s/ Nancy Parks Bertrand, Co-Executrix
Attorney for the estate: Patricia A Blankenship
Georgia Lynch, County Clerk
To be run 08/01/2010 & 08/08/2010
In the Probate Court of Rutherford County at Murfreesboro.
IN THE MATTER OF: THE ESTATE OF: CORDELIA G. DIXON, Deceased.
TO: BRIAN DIXON
ORDER FOR PUBLICATION
It appearing to the court that from the verified matters set forth in the Petition to Sell Real Property filed in this cause that the residence and current address of Brian Dixon is unknown and he cannot be served with process and that service by publicaiton is appropriate.
It is, therefore, Ordered that publication be made for four (4) consecutive weeks in THE MURFREESBORO POST, a newspaper published in MURFREESBORO, RUTHERFORD COUNTY, TN requiring said Brian Dixon to appear before the clerk of said Court on or before thirty (30) days after the last publication hereof and make defense to the Petition filed in the above cause or otherwise said Petition filed in the above cause or otherwise said Petition will be taken for default and the cause shall proceeded with ex-parte.
Enter this the 1 day of July, 2010.
Larry D. Brandon, Probate Judge
Submitted for entry:
Jeff McCullough BPR# 15560
Attorney for Executrix
119 N. Maple St.
Murfreesboro, TN 37130
(615)867-1919
By Georgia Lynch, County Clerk
To be run: July 25, Aug. 8, 8 & 15, 2010
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 Kim L. Hill and Mary Hill to Advanced Title & Escrow, Trustee dated December 8, 2006 in the amount of $170,000.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 696, Page 1102, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to Bank of America, National Association as successor by merger to LaSalle bank N.A., Trustee by assignment; and, Bank of America, National Association as successor by merger to LaSalle bank N.A., Trustee, as the current owner and holder of said Deed of Trust (the "Owner and 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 Owner and 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, September 2, 2010 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: Land in Rutherford County, Tennessee, being Lot No. 9, on the Plan of Bradyton, Section I, as shown on plat of record in Plat Book 14, Page 193, in the Registers Office for Rutherford County, Tennessee, to which plat reference is hereby made for a more particular description. Being the same property conveyed to Kim L. Hill by Deed of record in Book 534, Page 514, recorded 9/27/1994, Registers Office for Rutherford County, Tennessee. Map & Parcel No.: 112M-A/8.00 PROPERTY ADDRESS: 123 Kingston Court, Murfreesboro, Tennessee 37127 CURRENT OWNER(S): Kim L. Hill SUBORDINATE LEINHOLDERS: Household Financial Center Inc. OTHER INTERESTED PARTIES: Nashville Bank of Commerce 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. 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 McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 08-17932 /CONV
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 Run Dates: 8/8/2010, 8/15/2010, and 8/22/2010
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 July 31, 2006, executed by Tina M. Williams, conveying certain real property therein described to Robert M. Wilson, Jr., as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded August 7, 2006, in Deed Book 651, Page 2900-2911; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required, was given in accordance with Tennessee law; and WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having been appointed by 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 26, 2010 at 02:00 PM at the RUTHERFORD County courthouse door where the foreclosure sales are customarily held at the RUTHERFORD Courthouse, 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: BEING ALL OF LOT NO. 973, ON THE PLAN OF FINAL PLAT, SECTION XXI, EVERGREEN FARMS, PLANNED UNIT DEVELOPMENT, ACCORDING TO PLAT AND SURVEY APPEARING OF RECORD IN PLAT BOOK 27, PAGE 169, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR MORE COMPLETE DETAILS OF LOCATION AND DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO TINA M. WILLIAMS, AN UNMARRIED PERSON, BY DEED FROM OLE SOUTH PROPERTIES, INC., A TENNESSEE CORPORATION, DATED JULY 30, 2004, APPEARING OF RECORD IN RECORD BOOK 413, PAGE 2782, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. THIS CONVEYANCE IS MADE SUBJECT TO DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS CONTAINED IN INSTRUMENT OF RECORD IN RECORD BOOK 373, PAGE 954, AND IN BOOK 465, PAGE 993; EASEMENT TO BELLSOUTH OF RECORD IN BOOK 581, PAGE 272; SUBDIVISION EASEMENT AND STREET GRANT(S) OF RECORD IN BOOK 370, PAGE 320; CONSENT FOR DRAINAGE OF RECORD IN BOOK 537, PAGE 872, AND IN BOOK 537, PAGE 875; NOTICE OF COMPLETION FILED OF RECORD IN BOOK 413, PAGE 2781, RECORDED AUGUST 2, 2004; AND TO ANY AND ALL MATTERS SHOWN ON SAID PLAT AND SURVEY OF RECORD IN PLAT BOOK 27, PAGE 169; ALL OF SAID REGISTER`S OFFICE. PROPERTY ADDRESS: The street address of the property is believed to be 1450 Amal Drive, Murfreesboro, TN 37128. 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): Tina M. Williams OTHER INTERESTED PARTIES: 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 us 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: (888) 890-5309 Fax: (404) 601-5846
Ad #5167: 2010-08-08 2010-08-15, 2010-08-22
NOTICE OF FORECLOSURE
WHEREAS, Robert Melvin Haynes (“Grantor”), by that certain Deed of Trust dated May 12, 2006 of record at Record Book 621, Page 2638, Register’s Office for Rutherford County, Tennessee (“Register’s Office”), as corrected or amended by those instruments of record in Record Book 786, page 2310, Book 814, page 3743, Book 888, page 1548, Book 915 page 3868, Book 955, page 3900, Book 987, page 3004 and Book 1001 page 2684, Register’s Office (as corrected and amended, the “Deed of Trust”) conveyed to Robert C. Goodrich Jr., Trustee (the “Trustee”), certain property and all replacements and additions thereto (as hereinafter defined and referred to herein as the “Property”) to secure the payment of certain indebtedness described in the Deed of Trust (“Indebtedness”), which Indebtedness is presently held and owned by MidSouth Bank (“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, the owner and holder of the Indebtedness, has demanded that the Property 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
NOW, THEREFORE, notice is hereby given that I, Robert C. Goodrich Jr., Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, will on Wednesday, August 25, 2010, at the Property on the corner of Webb Road and Loblolly Drive, Murfreesboro, TN 37128, beginning first by public outcry commencing at 10:01 a.m. CST, and continuing online until twelve o’clock p.m. (12:00 Noon) CST, upon the terms announced publicly at the outset of the sale, and then continuing online at http://www.comasmontgomery.com (the “Auctioneer’s Website”), offer for sale to the highest and best bidder for cash, and in bar of the equity of redemption and all other rights of redemption, statutory or otherwise, (including, without limitation, those rights of redemption contained in Tennessee Code Annotated Section 66-8-101 et seq.), homestead, dower, elective share, rights of appraisement or valuation, and all other rights and exemptions of every kind, all of which are expressly waived in the Deed of Trust, certain real property situated in Rutherford County, Tennessee, together with all improvements, fixtures, privileges, hereditaments, and appurtenances including all development rights associated with the Property, more particularly described as follows (the “Property”):
Tract 1: Beginning at a ¼” iron pipe found in the East boundary of the Wood tract (DB 216, page 1795) at the Northwest corner of the Bingham tract (DB 411, page 307) and being the Southwest corner of the herein described tact, said point being located N 02 deg. 38’48” E, 327.35 feet from a ¼” iron pipe found at the Southeast corner of the said Wood tract, thence from the point of beginning with the East boundary of Wood N 02 deg. 46’47” E, 1679.86 feet to a #5 rebar set with a cap stamped “Johnson Assoc, TN RLS #1632” (all such points herein after referred to as a capped rebar set) at the Southwest corner of the Loworn tract (DB 215, page 120), thence leaving Wood with Loworn’s (DB 215, page 120, DB 89, page 414 and DB 174, page 86) South boundary N 87 deg. 16’41” E, 458.18 feet to a capped rebar set at the Southwest corner of a Cemetery tract (no deed found), thence with the Cemetery S 62 deg. 37’16” E, 97.69 feet to a #4 rebar found in the West boundary of the Morton tract (DB 265, page 917), thence with Morton’s West boundary S 00 deg. 30’51” E, 137.83 feet to a metal fence post found, thence S 00 deg. 18’27” E, 206.84 feet to a metal fence post found, thence N 88 deg. 17’59” E, 526.55 feet to a capped rebar found, thence N 10 deg. 33’53” W, 197.23 feet to a capped rebar found, thence N 00 deg. 03’18” E, 28.38 feet to a capped rebar found, thence N 05 deg. 41’08” E, 197.07 feet to a capped rebar found, thence S 84 deg. 18’52” E, 5.97 feet to a capped rebar set at the end of Morton Road at a point of curvature, thence along a curve to the left having a radius of 83.47 feet, a delta angle of 11 deg. 28’46,” a chord bearing of S 05 deg. 29’07” W and a chord distance of 16.70 feet for an arc length of 16.72 feet to a point of compound curvature, thence along a curve to the left having a radius of 49.80 feet, a delta angle of 141 deg. 19’28,” a chord bearing of S 59 deg. 26’14” E and a chord distance of 93.98 feet for an arc length of 122.84 feet to a capped rebar set at the Southwest corner of the Fye tract (DB 575, page 686), thence leaving Morton Road with Fye’s South boundary S 85 deg. 25’13” E, 130.94 feet to a capped rebar set, thence continuing with Fye along a fence line the following calls: N 79 deg. 28’33” E, 98.56 feet to a capped rebar set, thence N 82 deg. 21’55” E, 134.00 feet to a capped rebar set, thence N 86 deg. 31’14” E, 100.40 feet to a capped rebar set, thence N 88 deg. 11’44” E, 249.27 feet to a capped rebar set, thence 85 deg. 30’13” E, 125.30 feet to a capped rebar set, thence S 88 deg. 49’04” E 100.12, feet to a capped rebar set, thence N 89 deg. 42’17” E, 134.68 feet to a capped rebar set, thence N 86 deg. 02’17” E, 147.52 feet to a capped rebar set, thence N 81 deg. 26’44” E, 102.31 feet to a capped rebar set, thence S 88 deg. 36’48” E, 113.25 feet to a capped rebar set, thence N 85 deg. 41’47” E, 80.65 feet to a 15” Maple tree found, thence N 89 deg. 00’17” E, 73.15 feet to a 8” Cedar tree found, thence N 80 deg. 07’23” E, 91.76 feet to a point in the West boundary of the Loyd tract (DB 341, page 818) in the center of West Fork Stones River, thence leaving Fye and meandering with the centerline of West Fork Stones River the following calls: S 37 deg. 20’51” W, 143.86 feet to a point, thence S 69 deg. 36’18” W, 71.57 feet to a point, thence S 64 deg. 06’10” W, 225.36 feet to a point, thence S 70 deg. 53’06” W, 124.54 feet to a point, thence S 58 deg. 17’01” W, 129.39 feet to a point, thence S 63 deg. 34’41” W, 139.75 feet to a point, thence S 74 deg. 57’46” W, 181.86 feet to a point, thence S 68 deg. 32’32” W, 100.17 feet to a point, thence S 40 deg. 16’57” W, 143.57 feet to a point, thence S 09 deg. 11’39” W, 105.39 feet to a point, thence S 17 deg. 46’33” E, 280.11 feet to a point, thence S 53 deg. 54’45” E, 315.97 feet to a point, thence leaving the centerline of the river S 22 deg. 08’55” W, 36.96 feet to a capped rebar found in the west boundary of the said Bingham tract, thence with Bingham S 22 deg. 08’55” W, 445.33 feet to a capped rebar set, thence S 20 deg. 34’56” W, 104.36 feet to a capped rebar set, thence S 89 deg. 22’18” W, 78.95 feet to a capped rebar set, thence S 87 deg. 23’17” W, 198.00 feet to a capped rebar set, thence S 88 deg. 30’56” W, 113.48 feet to a capped rebar set, thence S 88 deg. 04’35” W, 519.31 feet to a capped rebar set, thence S 88 deg. 10’20” W, 251.40 feet to a capped rebar set, thence S 87 deg. 42’06” W, 613.94 feet to a capped rebar set, thence S 87 deg. 59’29” W 157.78 feet to the point of beginning. Said tract contains 74.00 acres more or less as surveyed by Kurt M. Johnson, TN RLS No. 1632, dated August 4, 2005. Being part of the tract or parcel of land conveyed to Robert Melvin Haynes by deed from Rachel L. Morton of record at Record Book 621, Page 2635, Register’s Office.
Tract 2: Beginning at a capped rebar found in the north boundary of the 30’ right of way of Webb Road at the Southwest corner of the herein described tract, said point also being the Southeast corner of the Rudd tract (DB 265, page 1289), thence from the point of beginning leaving Webb Road with Rudd’s East boundary along a fence line N 00 deg. 22’18” E, 685.09 feet to a capped rebar found, thence N 00 deg. 15’44” E, 373.89 feet to a capped rebar found, thence N 00 deg. 45’44” E, 185.41 feet to a capped rebar found, thence N 00 deg. 20’25” E, 322.29 feet to a capped rebar found, thence N 02 deg. 18’43” E, 82.55 feet to a capped rebar found, thence N 27 deg. 43’27” E, 12.62 feet to a capped rebar set, thence N 00 deg. 17’26” E, 246.15 feet to a stone found in the south boundary of the Binford Tract (DB 560, page 209), thence with Binford’s South boundary N 81 deg. 42’20” E, 91.54 feet to a 15” Cedar tree found, thence N 23 deg. 20’14” W, 364.42 feet to a #5 rebar set with a cap stamped “Johnson Assoc, TN RLS #1632” (all such points herein after referred to as a capped rebar set) in the South boundary of the 30’ right of way of Morton Road, thence leaving Binford with Morton Road S 87 deg. 22’42” E, 308.47 feet to a capped rebar set at a point of curvature, thence along a curve to the right having a radius of 479.35 feet, a delta angle of 18 deg. 33’53” a chord bearing of S 78 deg. 05’45” E and a chord distance of 154.64 feet for an arc length of 155.32 feet to a capped rebar set, thence S 68 deg. 48’49” E, 44.48 feet to a capped rebar set at the Northwest corner of the Loworn tract (DB 215, page 120), thence leaving Morton Road with Loworn’s West boundary S 01 deg. 17’09” W, 216.06 feet to a capped rebar set at the Northwest corner of the Morton tract (DB 181, page 423), thence leaving Loworn with Morton’s West boundary S 02 deg. 46’47” E, 1,679.86 feet to a “A” iron pipe found at the Northwest corner of the Bingham tract (DB 411, page 307), thence leaving Morton with Bingham’s West boundary S 02 deg. 38’48” W, 327.35 feet to a “A” iron pipe found in the said Webb Road, thence with Webb Road N 85 deg. 31’20” W, 367.82 feet to the point of beginning. Said tract contains 21.10 acres more or less as surveyed by Kurt M. Johnson, TN RLS #1632, dated August 4, 2005. Being part of the same property conveyed to Robert Melvin Haynes, by deed of record in Record Book 621, page 2635, Register’s Office.
Included in the above described tracts of land, but specifically Excluded there from are those certain lots on the Final Plat, Rachel’s Place, Section 1, of record in Plat Book 33, page 151 and 152, as amended in Plat Book 35, pages 48 and 49 and Plat Book 35, page 52, Register’s Office for Rutherford County, Tennessee, heretofore conveyed, as follows: Lots 5, 7, 8, 10, 51, 52, 54, 56, 61, 69, 73, 74, 78, 93, 94, 95, 98, 99, 102, 103 and 106B.
Bidders may register and place presale bids in advance of the public outcry, and the opening bid at public outcry will be the highest presale bid entered online. The highest bid at public outcry will then be entered online, and online bidding will continue until twelve o’clock p.m. (12:00 Noon) central standard time. Additional terms regarding online bidding and bid acceptance are more fully described at the Auctioneer’s Website.
The street addresses of the Property, to the extent property addresses exist, are believed to be 1001 Loblolly Dr., Murfreesboro TN 37128 (Lot 1, Rachel’s Place Subdivision, with all Lots referred to herein being references to Lot numbers as shown on the Plat of record in Book 33, pages 151 and 152 and Book 35 pages 48, 49 and 52, Register’s Office.), 1005 Loblolly Dr., Murfreesboro TN 37128 (Lot 2), 1009 Loblolly Dr., Murfreesboro TN 37128 (Lot 3), 1013 Loblolly Dr., Murfreesboro TN 37128 (Lot 4), 1105 Loblolly Dr., Murfreesboro TN 37128 (Lot 6), 101 Red Top Ct., Murfreesboro TN 37128 (Lot 9), 109 Red Top Ct., Murfreesboro TN 37128 (Lot 11), 106 Red Top Ct., Murfreesboro TN 37128 (Lot 12), 102 Red Top Ct., Murfreesboro TN 37128 (Lot 13), 106 Hawksbeard Ct., Murfreesboro TN 37128 (Lot 49), 1214 Sweetspire Dr., Murfreesboro TN 37128 (Lot 50), 1122 Sweetspire Dr., Murfreesboro TN 37128 (Lot 53), 1114 Sweetspire Dr., Murfreesboro TN 37128 (Lot 55), 1106 Sweetspire Dr., Murfreesboro TN 37128 (Lot 57), 1102 Sweetspire Dr., Murfreesboro TN 37128 (Lot 58), 1101 Sweetspire Dr., Murfreesboro TN 37128 (Lot 59), 1105 Sweetspire Dr., Murfreesboro TN 37128 (Lot 60), 1113 Sweetspire Dr., Murfreesboro TN 37128 (Lot 62), 1117 Sweetspire Dr., Murfreesboro TN 37128 (Lot 63), 1121 Sweetspire Dr., Murfreesboro TN 37128 (Lot 64), 101 Hyacinth Ct., Murfreesboro TN 37128 (Lot 65), 109 Hyacinth Ct., Murfreesboro TN 37128 (Lot 66), 114 Hyacinth Ct., Murfreesboro TN 37128 (Lot 67), 110 Hyacinth Ct., Murfreesboro TN 37128 (Lot 68), 516 Serviceberry Dr., Murfreesboro TN 37128 (Lot 70), 512 Serviceberry Dr., Murfreesboro TN 37128 (Lot 71), 508 Serviceberry Dr., Murfreesboro TN 37128 (Lot 72), 1010 Loblolly Dr., Murfreesboro TN 37128 (Lot 75), 1006 Loblolly Dr., Murfreesboro TN 37128 (Lot 76), 1002 Loblolly Dr., Murfreesboro TN 37128 (Lot 77), 1110 Loblolly Dr., Murfreesboro TN 37128 (Lot 79), 1114 Loblolly Dr., Murfreesboro TN 37128 (Lot 80), 1118 Loblolly Dr., Murfreesboro TN 37128 (Lot 81), 1202 Loblolly Dr., Murfreesboro TN 37128 (Lot 82), 1213 Sweetspire Dr., Murfreesboro TN 37128 (Lot 92), 605 Serviceberry Dr., Murfreesboro TN 37128 (Lot 96), 601 Serviceberry Dr., Murfreesboro TN 37128 (Lot 97), 119 Ninebark Ct., Murfreesboro TN 37128 (Lot 100), 115 Ninebark Ct., Murfreesboro TN 37128 (Lot 101), 509 Serviceberry Dr., Murfreesboro TN 37128 (Lot 104), 505 Serviceberry Dr., Murfreesboro TN 37128 (Lot 105), 701 Morton Rd., Murfreesboro TN 37128 (Lot 106), and 114 Hawksbeard Ct., Murfreesboro TN 37128 (Lot 107), 110 Hawksbeard Ct., Murfreesboro TN 37128 (Lot 108), but such addresses 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 the 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 Foreclosure:
1. Unpaid property taxes, penalties, interest, costs, and other obligations to Rutherford County.
2. Deed of Trust to B. Jo Atwood, Trustee, for benefit of Rachel Morton, of record in Record Book 621, page 2651, Register’s Office.
3. Restrictive Covenants contained in instrument of record in Record Book 791, page 2503, as amended in Record Book 976, page 3119, Register’s Office.
4. Matters shown on the Plat of record in Book 33, pages 151 and 152 and Book 35 pages 48, 49 and 52, Register’s Office.
5. Easement to AT&T of record in Record Book 841, page 1803, Register’s Office.
6. Easement to Consolidated Utility District of record in Deed Book 419, page 309, Register’s Office.
7. Easement to Middle Tennessee Electric Membership Corporation of record in Record Book 689, page 1713 and Record Book 783, page 1185, Register’s Office.
The sale and any title to any real property conveyed as a result of such sale will be subject to the Restrictive Covenants referenced in No. 3 above, the Plat referenced in No. 4 above, and the utility easements referenced in Nos. 5-7 above. With respect to any and all other liens, defects, encumbrances, conveyances, adverse claims and other matters, to the extent such matters take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.
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. 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 Trustee’s Deed as Trustee only.
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, to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale, and to sell the Property with or without division if the Property consists of more than one parcel.
This 29th day of July, 2010.
/s/ Robert C. Goodrich Jr.
Robert C. Goodrich Jr., Trustee
STITES & HARBISON, PLLC
SunTrust Plaza, Suite 800
401 Commerce Street
Nashville, Tennessee 37219
INSERTION DATES:
AUGUST 1, 2010
AUGUST 8, 2010
AUGUST 15, 2010
Murfreesboro City School Board Special Called Board Meeting
Policy Work Session, Tuesday, August 17, 6:30 p.m., Central Administration Building, 2552 South Church Street.
LEGAL NOTICE OF PUBLIC MEETING
The Bicycle Safety Sub-Committee will hold a public meeting on August 23, 2010 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: August 8, 2010
NOTICE TO FURNISHERS OF LABOR AND MATERIALS
TO:Hoover, Inc.
PROJECT NO.: 75LPLM-F3-018
P.I.N.: 113050.00
COUNTY: Rutherford
The City of Murfreesboro is about to make final payment with the contractor for construction of the above numbered project. All persons wishing to file claims pursuant to Section 54-5-122, T.C.A. must file same with Jeff Glass, Florence and Hutcheson, Inc., 410 New Salem Hwy, Suite 109, Murfreesboro, TN 37129, on or before 9/13/10. |
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