| Legal/Public Notices for 08-08-10 (3) |
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Posted: Monday, August 9, 2010 11:09 am
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FORECLOSURE SALE NOTICE
WHEREAS, Ray T. Patton, married, by a Deed of Trust, dated February 5, 2008, of record in Record Book 818, Page 1275, 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 Record Book 998, Page 1892, 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 September 10, 2010 at 1:00 P.M., 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:
A certain tract or parcel of land located in the 9th Civil District of Rutherford County, Tennessee, being more particularly described as follows, to-wit:
Being a house and lot of ground known as all of Lot No. 33 of Cherry Lane Acres, Section II, according to survey and plat of same appearing of record in Plat Book 6, page 3 of the Register's Office of Rutherford County, Tennessee to which reference is hereby made for more complete details of location and description of said lot. Said Lot No. 33 fronts 204.1 feet on the North side of Cranberry Drive and runs back in a northerly direction between straight lines, the East line being 245.2 feet, the West line being 283.8 feet, and North or rear line being 200 feet, and containing 1.21 acres, more or less.
Being the same property conveyed to Ray T. Patton by deed of Michael B. Perlick and wife Anna K. Perlick dated March 5, 1982 of record in Book 309, Page 861, Register's Office for Rutherford County, Tennessee.
AND
A certain tract or parcel of land located in the 9th Civil District of Rutherford County, Tennessee, being more particularly described as follows, to-wit:
Beginning at the southwest corner of this tract being described, being the corner of a street and the Lebanon Highway right-of-way; and running thence with said street N 83 deg. 30' E, 992 feet to Lot No. 1 of the H.C. Elrod land, a subdivision; thence with said lot N 06 deg. 30' W, 572.5 feet to T. H. Crutcher's south boundary; thence west with T. H. Crutcher's line 894 feet to the right-of-way of said Lebanon Highway; thence with said Lebanon Highway S 4 deg. 38' E. 504 feet; thence S 6 deg. 52' E, 87.5 feet to the beginning, containing 12.9 acres, more or less.
Included in the foregoing description, but specifically excluded from this conveyance, is the following described tract of land which was sold by Floyd Lamb, et al, to James L. Advey and wife, Irene E. Advey, by deed of record in Deed Book 172, page 537, of the Register's Office of Rutherford County, Tennessee, to-wit:
Beginning on a steel pin on the north side of a public road in the west margin of Lot No. 1 of the H.C. Elrod land, a subdivision, which point is the southeast corner of the lot herein conveyed and the southeast corner of the original tract conveyed to Floyd Lamb, et al. by deed of Otis A. Lamb, et ux., running thence with the east line of the original tract N 5 deg. 30' W, 553 feet to the northeast corner of the tract herein conveyed and the northeast corner of the original tract; thence with the north line of said original tract west 200 feet to a new corner; thence in a southerly direction to the north margin of said public road; thence N 85 deg. 45' E with the north margin of said public road to the point of beginning, containing 2 5/8 acres, more or less.
Also included in the foregoing description, but specifically excluded from this conveyance is the following described tract of land situated in the aforesaid district, county and state, to-wit:
Beginning on an iron pin in the east margin of the Lebanon Road 50 feet from the center line at the NW corner of this tract and this point being also located S 1ĚŠ 48' E. 158.7 feet from Hall's SW corner and Lamb's NW corner; thence N 87 deg. 25' E, for a distance of 206.3 feet to an iron pin at the NE corner of this tract; thence S 2 deg. E, for a distance of 266.08 feet to an iron pin at the SE corner of this tract; thence S 87 deg. 25' W, for a distance of 206.3 feet to a P K nail at the SW corner of this tract; thence with the east margin of the Lebanon Road N 2 deg. W, for a distance of 266.08 feet back to the point of beginning, and containing 1.26 acres.
Being the same property conveyed to Ray T. Patton by deed of George W. Lamb et al dated June 9, 1982, of record in Book 346, Page 377, Register's Office for Rutherford County, Tennessee.
The above described property is not the marital residence of the Grantors.
Also included in the foregoing description, but specifically excluded from this conveyance is the following described tract of land situated in the aforesaid district, county and state, to-wit:
Beginning at a steel pin in the east right-of-way line of U.S. Highway 231 (Memorial Boulevard) that is the southwest corner of the Jagubhai V. Patel property as recorded in Deed Book 311, page 962, at the Register's Office of Rutherford County (R.O.R.C.); thence N 87 deg 25' 40" E, 206.31 feet along the south line of said property to a steel pin in the southeast corner of said property; thence leaving said line S 02 deg. 00' 00" E, 241.39 feet to a steel pin in the north right-of-way line of Cedarview Road; thence S 86 deg 09' 30" W, 150.64 feet along said right-of-way line to a steel pin; thence N 58 deg 39' 00" W, 60.96 feet along said line to a steel pin in the east right-of-way line of U.S. Highway 231 (Memorial Boulevard); thence N 03 deg. 18' 40" W, 210.71 feet along said east right-of-way line to the point of beginning, being an area of 1.12 acres, as described by William H. Huddleston IV, RLS #1430, Murfreesboro.
Subject property has the address of 1130 Cranberry Drive 37129 AND 8 acres, on Cedarview Drive, 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 the City of Murfreesboro Property Tax Division and Rutherford County Property Tax Division
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.
THIS 6th day of July, 2010
Run: August 8, 2010, August 15, 2010, August 22, 2010
Robert Evans Lee, Substitute Trustee
Lee & Lee Attorneys at Law, P.C.
109 East Gay Street, Lebanon, TN 37087
615-444-3900
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