| Legal/Public Notices for 09-05-10 (4) |
|
|
Posted: Tuesday, September 7, 2010 3:02 pm
|
 Email  Print
|
FORECLOSURE SALE NOTICE
WHEREAS, Carl Bruce Gentry and wife, Charlotte A. Gentry, by a Deed of Trust, dated November 20, 2007, of record in Record Book 800, Page 3684, 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 999, Page 1172, 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 Saturday, October 2, 2010 at 12:00 noon, Central Time, on the property located at 5545 Lee Road, Smyrna, 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:
TRACT 1:
Bounded on the North by Lee Road and property of Carl Bruce Gentry; Deed Book 251, Page 53 (contains 1.80 acres); the East, South, and West by remaining property of Elizabeth C. Gentry.
Beginning at a nail in the center line of Lee Road, being the NW corner of this tract and further identified as being in an easterly direction with center line of said Road 784.55 feet from the NE corner of Glen Jenkins (Deed Book 272, Page 852); thence leaving road and with staked tine S 8 deg. 58' W. through a pin set 30 feet off center line of road and continuing for a total distance of 964.2 feet to a pin; thence continuing S 8 deg. 58' W 332.4 feet to a pin in fence line; thence with fence line S 66 deg. 29' E 782.1 feet to a pin in fence corner; being the SE corner of this tract; thence with fence line N 2 deg. 54' 30" E 561.8 feet to a point in fence corner; thence with fence line N 87 deg. 30' E 20.0 feet to a pin by a 12 inch cedar on south side of Olive Branch; thence crossing said branch N 30 deg. 19' 30" E 85.2 feet to a pin by an 8 inch cedar in old fence line; thence continuing with a partly fenced line N 4 deg. 27' E, through a pin 25 feet off the center line of Lee Road, for a total distance of 529.0 feet to a nail in the center line of said Road: thence with the center line of said Road N 56 deg. 18' W 37.0 feet to a pin, being the NE corner of Carl Bruce Gentry (1.80 acre tract); thence leaving road and with east line of C. B. Gentry S 2 deg. 00' W, through a pin set 20 feet off center line of road and continuing for a total distance of 132.7 feet to a pin by corner post on west side of old gate; thence with south fence line of C. B. Gentry N 81 dog. 38' W 440.0 feet to a pin in fence line; thence with west line of Gentry N 34 deg. 55' E, through a pin set 20 feet off the center line of Lee Road, for a total distance of 307.9 feet to a pin in the center line of said Road, thence with the center line of Lee Road 56 deg. 18’ W 330.8 feet to a nail; thence continuing N 61 deg. 36' W 88.25 feet to the beginning, containing 18.74 aces, more or less.
Being the same property conveyed to Carl Bruce Gentry and wife, Charlotte A. Gentry by Warranty Deed dated July 22, 1982 as shown of record in Deed Book 312 Page 207, Register's Office of Rutherford County, Tennessee.
TRACT 2:
Bounded on the South by tract #3 of this survey; the West by tract #1 of this survey; the North by Lee Road; the East by property of Carl Bruce Gentry (18.74 acres)
Beginning at a nail in the center line of Lee Road, being the NW corner of this tract and further identified as cast with center line of road 550.0 feet from the NB corner of Glen Jenkins (Deed Book 272, page 852); thence leaving road and with east line (staked line) of tract #1 of this survey S 14 deg. 00' W, through a pin set 30 feet off center line of road and continuing for a total distance of 1248.8 feet to a pin in north fence line of tract #1; thence with fence line S 58 deg. 42’ 30” E 285.6 feet to a pin in fence line; thence continuing S 69 deg. 19' 30" E 70.8 feet to a pin in fence line, being the SW corner of Carl Bruce Gentry; thence with west line of Carl Bruce Gentry (staked line) N 8 deg. 58' E 332,4 feet to a pin; thence continuing N 8 deg. 58' E, through a pin set 30 feet off center line of Lee Road, for a total distance of 964.02 feet to a nail in the center line of said Road; thence with the center line of Lee Road N 61 deg. 36' W 51.15 feet to a nail; thence continuing N 64 deg. 18' 30" W 183.4 feet to the beginning containing 8.30 acres more or less.
Being part of the same property conveyed to Carl Bruce Gentry and Charlotte A. Gentry by Warranty Deed dated July 1, 1982 of record in Deed Book 312, Page 723, Register's Office for Rutherford County, Tennessee.
TRACT 3:
Beginning at a nail in the center line of Lee Road, being the Northwest corner of this tract and being 1200 feet East of the Northwest corner J. W. Gentry; thence with center line of said road South 55° 00' East 321.3 feet to a nail; thence leaving road South 2° 05' West through a pin set 20 feet off the center line of road and continuing for a total distance of 132.7 feet to a pin by comer post on the West side of old gate; thence with fence North 81° 33' West, 440.0 feet to a pin in fence line; thence North 35° 00' East through a pin set 20 feet off the center line of Lee Road, for a total distance of 307.9 feet to the beginning, containing 1.80 acres more or less.
Being the same property conveyed to Carl Bruce Gentry and Constance Gentry by Warranty Deed dated December 13, 1976 of record in Deed Book 251, Page 53, Register's Office of Rutherford County, Tennessee. The said Constance Gentry is deceased and Carl Bruce Gentry has since married Charlotte A. Gentry.
TRACT 4:
Parcel A:
Bounded on the North by property of Jim Smith, Deed Book 113, page 9, and property of Jim Smith (heirs) and property of Jim Brown; the East by property of John B. Vaughn, Deed Book 289, page 365, the South by Lee Road, the West by property of Jim Smith, said Deed Book and page.
Beginning at a railroad spike in the center line of Lee Road, being the SE corner of this tract and the SW corner of John B. Vaughn (deed Book 289, page 365); thence leaving road and with staked line, being west line of John H, Vaughn N 13 deg. 04' 30" E, through a pin set 20.5 feet off center line of road and continuing for a total distance of 749.3 feet to a stake and broken iron single tree in a pile of stones in south line of Jim Brown; thence with the south line of Jim Brown; thence and Jim Smith (heirs) N 75 deg. 33' W, 1327.8 feet to a pin by corner post at end of rail fence in east fence of Jim Smith; thence with east fence line of Jim Smith S 5 deg. 55' W 187.4 feet to a pin by a 3-inch ash at end of rail fence, being the SE corner of Jim Smith; thence with south fence line of Jim Smith N 87 deg. 13' W, 489.9 feet to a pin on east side of drive on the north margin of Lee Road; thence S 16 deg. 09' W, 24.0 feet to a point in the center line of said road; thence with the center line of Lee road to nails as follows: S 73 deg. 51' 143.3 feet; S 64 deg. 18' 30" E, 383.4 feet; S 61 deg. 36' E, 139.4 feet; S 56 deg. 18' E. 330.8 feet; S 55 deg 05' E, 321.3 feet; S 56 deg. 18' E, 229.34 feet; S 64 deg. 03' 30" E, 135.7 feet; S 74 deg. 17' E, 181.1 feet to the beginning, containing 18.79 acres, more or less.
Parcel B:
Being a triangle shaped parcel, bounded on the North by Sally King; on the West by Jim Drown; and on the South and East by James H. Connelly.
Beginning at a point in Connelly's northwest corner; thence North with Brown's east line 198 feet to a point; thence East with King's south line 982 feet to a point; thence West with Connelly's north line 875 feet to the point of beginning.
The Net acreage for TRACT 4, Parcels A and B is 20.74 acres, more or less.
Being the same property conveyed to Bruce Gentry and wife, Charlotte A. Gentry, by Warranty Deed dated February 28, 2003 of record in Record Book 236, page 1350, Register's Office for Rutherford County, Tennessee.
CARL BRUCE GENTRY IS ONE AND THE SAME PERSON AS BRUCE GENTRY.
Subject property has the address of 5545 Lee Road, Smyrna, TN 37167
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 Tommy Gentry; Farm Credit Services of Mid-America; and U.S.A through Farm Service Agency
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.
THIS 27th day of August, 2010
Run: September 5, 2010, September 12, 2010, September 19, 2010
Robert Evans Lee, Substitute Trustee
Lee & Lee Attorneys at Law, P.C.
109 East Gay Street
Lebanon, TN 37087
615-444-3900
Trustees Notice Of Foreclosure Sale
Whereas, Default has occurred in the performance of the covenants, terms and conditions of a certain promissory note dated October 22, 2009, and the Deed of trust of even date, securing the same, recorded at record book 954 page 3235 in the register's office Rutherford County, Tennessee, executed by John D. Arket, Jr conveying certain property therein described to Floyd Arnold as trustee, for Glendol Andrews Barnes.
Now, therefore, notice is hereby given that the entire indebtedness has been declared due and payable; and that Floyd Arnold, as trustee by virtue of the power, duty and authority vested in and imposed upon said trustee will, on the11th day of September, 2010, at 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 re-demption, 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 de-scribed as follows:
BEING all of lot no. 77, Lakeview Heights, Section 4, according to plat and survey of same appearing of record in Plat Book 3, Page 57, of the Register’s Office
of Rutherford County, Tennessee, to which plat reference is hereby made for a more complete and accurate description of said lot.
BEING the same property conveyed to John D. Arket, Jr. by Warranty Deed of record in Record Book 954, Page 3235, Register’s Office for Rutherford County, Tennessee.
This improved property is also known as: 1923 Russell Court, Murfreesboro, TN 37130
This sale is subject to any unpaid taxes, if any, any prior liens or encumbrances, leases, easements and all other matters of record in the register's office for Rutherford County, Tennessee and any fixture filing. If the US Department of the treasury, Internal Revenue Service, 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 government entities right to redeem the property, all as required by 26 U.S.C. 7425 and T.C.A.67 – 1- 1433
The right is reserved to adjourn the day of the sale to another day, time and place certain without further publication, upon the announcement at the time and place for the sale set forth above. The trustee reserves the right to resend 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.
Dated: August 17, 2010
Floyd Arnold, Trustee
1827 SE. Broad Street
Murfreesboro, TN 37130
As required notice will be published three times:
August 22, 2010; August 29, 2010; September 5, 2010
NOTICE OF FORECLOSURE
WHEREAS, RHC, LLC ( “Grantor”), by that certain Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing dated August 31, 2007, recorded in Record Book 790, Page 1209, in the Register’s Office of Rutherford County, Tennessee (the “Register’s Office”), (the “Deed of Trust”), conveyed to Robbin Yount, Trustee, the rights in and to the leasehold interest in Property (as hereinafter defined), as evidenced by that certain Lease Agreement dated December 13, 2000, by and between Smyrna/Rutherford County Airport Authority, and that certain Sublease Agreement dated April 1, 2006, and of record in Record Book 706, Page 3441, Register’s Office, to secure the payment of certain indebtedness described in the Deed of Trust (the “Indebtedness”), which Indebtedness is presently held and owned by Park National Bank (the “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
WHEREAS, the undersigned, Ronald G. Steen, Jr. (the “Successor Trustee”), has been duly appointed as Successor Trustee in the place and stead of Robbin Yount, Trustee, by appointment recorded in Record Book 989, Page 3219, Register’s Office.
NOW, THEREFORE, notice is hereby given that I, Ronald G. Steen, Jr., Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, on Tuesday, September 28, 2010, at 10:15 a.m. prevailing central time, at the Rutherford County Courthouse, 319 N. Maple Street, Murfreesboro, Tennessee 37130, in the manner further described herein, will offer the Property, as such term is hereafter defined, for sale to the highest bidder for cash, and free from equity of redemption, the right of reinstatement, the rights of marshalling, and all other exemptions of every kind, all of which are expressly waived in the Deed of Trust. The term “Property” as used herein shall mean all of Grantor’s right, title and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all leases, leaseholds interests and rights, and subleases relating to the Property, and similar matters situated in Rutherford County, Tennessee, described as follows:
West Parcel
Commencing at a point that is the centerline of Doug Qarpoole Road and Threet Industrial Road, thence leaving the centerline intersections of said road in a generally northeasterly direction approximately 1,130 feet to a point, said point is the southwesterly corner of the parcel herein described, an IR (O) and also the POINT OF BEGINNING; thence N 04° 28’ 45” E a distance of 989.76 feet to an IR (O) being the Northwesterly corner of the herein described parcel; thence S 85° 28’ 39” E a distance of 934.94 feet to an IR (O) being the Northeasterly corner of the herein described parcel; thence S 04° 27’ 18” W a distance of 990.65 feet to a PK-Nail (N), set in asphalt (approximately 2.9’ west of the edge of asphalt); thence N 85° 25’ 23” W a distance of 935.36 feet to the Point of Beginning and containing 21.26 Acres of land (more or less) according to a survey (Job # 070058) of Jordan Geomatics, PLLC. By Derek A. Jordan (TN RLS # 2576), 517 Rickenbacker Drive, Tullahoma, Tennessee, on 6 June 2007.
East Parcel
Commencing at a point that is the centerline intersection of 10th Street and Fitzhugh Blvd; thence leaving the centerline intersections of said roads, S 64° 29’ 41” W a distance of 227.16 feet to a point said point is a ½” IR (O) and also the POINT OF BEGINNING; thence N 85° 19’ 11” W a distance of 818.78 feet to a Tack (O) in concrete, being the southwesterly corner of the herein described parcel point is 100 feet east of the centerline of a taxiway; thence running parallel with said taxiway, N 04° 30’ 33” E a distance of 416.96 feet to a PK-Nail (O); thence leaving the line parallel with centerline of the taxiway, S 85° 18’ 57” E a distance of 504.16 feet to a chisel mark (O) in concrete; thence S 04° 41’ 48” W a distance of 416.88 feet to a Chiseled + (O) in concrete; thence S 85° 17’ 32” E a distance of 70.58 feet to a point being the southwesterly corner of a 50’ R/W (apparent continuation of 9th Street), thence along the Southerly boundary of said R/W, S 85° 17’ 32” E a distance of 359.69 feet to a PK Nail (O) in the westerly boundary of Fitzhugh Blvd; thence leaving the southerly boundary of the 50’ R/W and with the westerly boundary of Fitzhugh Blvd the following calls, S 04° 40’ 49” W a distance of 313.62 feet to a point; thence S 13° 32’ 37” W a distance of 35.57 feet along the long chord of a curve to the right having a radius of 115.43 feet to a point; thence S 22° 24’ 17” W a distance of 15.63 feet to a PK-Nail (N); thence leaving the westerly boundary of said road, N 85° 10’ 31” W a distance of 15.63 feet to a point; thence S 04° 35’ 21” W a distance of 100.60 feet the Point of Beginning and containing 15.05 Acres of Land (more or less) according to survey (Job # 070058) of Jordan Geomatics, PLLC by Derek A. Jordan (TN RLS #2576), 517 Rickenbacker Drive, Tullahoma, Tennessee, on 7 June, 2007.
Being a portion of the property conveyed to Smyrna Rutherford County Airport Authority of record in Book 462, Page 36 in the Register’s Office for Rutherford County, Tennessee.
Map/Parcel ID: portion of 019 031.00.
The street address of the Property is believed to be 300 Doug Warpoole Road, Smyrna, Tennessee 37167, but such address is 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. Any discrepancies, conflicts, easements, boundary line disputes, encroachments or protrusions, or overlapping of improvements which would be disclosed by an inspection and accurate survey of the premises.
2. General or special taxes and assessments required to be paid in the year 2010 and subsequent years for Map-Parcel 19-31.
3. Taxes for 2009, Map-Parcel No. 19-31, which on January 1st thereof were exempt, but are subject to assessment to a non-exempt taxpayer on the pro-rata basis for such year pursuant to the provisions of Tennessee Code Annotated § 67-5-201.
4. Title to that portion of the premises embraced within the bounds of any streets, roads or highways.
5. Easement granted to Middle Tennessee Electric Membership Corporation of record in Book 956, page 1546, said Register’s Office.
The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do 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 sale will also be subject to any and all liens, defects, encumbrances, conveyances, adverse claims and other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, and any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency, and matters that take priority over the Deed of Trust which an accurate survey of the Property might disclose.
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. Successor 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 Successor Trustee’s Deed as Successor 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 the Property with or without division if the Property consists of more than one parcel, and to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.
This 2nd day of September, 2010.
/s/ Ronald G. Steen, Jr.
Ronald G. Steen, Jr., Successor Trustee
STITES & HARBISON, PLLC
401 Commerce Street
Suite 800
Nashville, TN 37219-2376
Telephone: (615) 244-5200
PUBLICATION DATES: SEPTEMBER 5, 2010, SEPTEMBER 12, 2010, SEPTEMBER 19, 2010 |
|
Digg
Facebook
StumbleUpon
Google
Yahoo!