|Legal/Public Notices for 09-12-10 (4)
|Posted: Tuesday, September 14, 2010 11:11 am
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|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:
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.
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