| Legal/Public Notices for 10/07/12 - Substitute Trustee's Sales (5) |
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Posted: Monday, October 8, 2012 9:19 am
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FORECLOSURE SALE NOTICE
WHEREAS, Mark Wood and Kim Wood, by a Deed of Trust, dated June 4, 2004, of record in Record Book 395, Page 2837, Register’s Office for Rutherford County, Tennessee, conveyed to B. Jo Atwood, 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 1140, Page 2609, 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 October 26, 2012 at 2:00 PM., 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:
MAP/PARCEL: 124 067.01
TRACT 5: Located in the 11th Civil District of Rutherford County; Tennessee. Bound on the north by Ashley's Subdivision, Section I (Plat Book 12, Page 137); on the north and east by Everett McGehee, et ux Connie (Deed Book 310, Page 810); on the south by Tract 6 and Tract 7 of this survey and Rowland Road; and on the west by Tract 2 and Tract 4 of this survey.
Beginning at a nail in the centerline of Rowland Road, lying 1656.9 feet in an easterly direction of the centerline of Armstrong Valley Road, said nail being the southeast corner of Tract 4 and the southwest corner of this tract; thence leaving the centerline of Rowland Road with an east line of Tract 4, N 05 deg. 22' 45" E through an offset pin 25 feet off the centerline of Rowland Road and continuing for a total distance of 548.51 feet to an iron pin set; thence continuing with the east line of Tract 4, N 03 deg. 47' 05" E, 544.45 feet to an iron pin set; thence with the east line of Tract 2, N 3 deg. 47' 05" E, 245.81 feet to an iron pin set; thence continuing with the east line of Tract 2, N 01 deg. 47' 27" E, 524.07 feet to an iron pin found in fence line, being the northeast corner of Tract 2 and the northwest corner of this tract; thence with the south line of Ashley's Subdivision, Section I, S 83 deg. 14' 42" E, 21.09 feet to an iron pin found in fence comer; thence with the south line of Everett McGehee, et ux, S 82 deg. 29' 00" E, 699.44 feet to an iron pin found in fence corner, being the northeast comer of this tract; thence with the west line of Everett McGehee, et ux S 11 deg. 31' 45" W, 245.51 feet to an iron pin found 5 feet east of a 24" Elm in fence corner; thence with a south line of McGehee, S 78 deg. 57' 04" E, 216.94 feet to an iron pin found in centerline of an old road (abandoned); thence with the center line of the old road (abandoned) and a west line of McGehee, S 13 deg. 22' 14" W, 306.95 feet to an iron pin found; thence continuing with the centerline of the old road and McGehee's west line, S 28 deg. 42' 27" W, 91.09 feet to an iron pin found; thence $ 51 deg. 45' 48" W, 132.03 feet to an iron pin found; thence S 29 deg. 29' 08" W, 98.01 feet to an iron pin found, being the northeast corner of Tract 7 and a southeast corner of this tract; thence with the north line of Tract 7, N 75 deg. 40' 24" W, 80.82 feet to an iron pin set; thence continuing with the north line of Tract 7 N 79 deg. 50' 20" W, 191.05 feet to an iron pin set, being the northwest corner of Tract 7 and the Northeast corner of Tract 6; thence with the north line of Tract 6, N 79 deg. 14' 14" E, 247.26 feet to an iron pin set in fence corner; thence with the west line of Tract 6, 1 S 09 deg. 53' 47" W, 593.28 feet to an iron pin set; thence continuing with the west line of Tract 6, S 00 deg. 31' 22" W through an offset pin 25 feet off the centerline of Rowland Road and continuing for a total distance of 462.83 feet to a nail in the centerline of said road, being the southeast corner of this tract; thence with the centerline of Rowland Road, N 84 deg. 46' 38" W, 116,52 feet to the nail at the beginning, containing 17.00 acres, more or less, all in accordance to survey by Richard H. Stem, Jr., Registered Land Surveyor, No. 1637, dated June 5, 2003.
BEING the same property conveyed to Mark Wood and wife, Kim Wood by deed of record in Record Book 385, page 2891, of the Register's Office of Rutherford County, Tennessee.
Subject property has the address of 17 acres, Tract #5, Rowland Road, Murfreesboro, TN 37128
THIS property is subject to the restrictive covenants of record in Record Book 284, page 280; to the easement for the purpose of widening Rowland Road and the installation and maintenance of drainage facilities and utilities of record in Record Book 284, page 280; to the easement to Middle Tennessee Electric Membership Corporation of record in Record Book 280, page 889; to the easement to Consolidated Utility District of record in Record Book 287, page 1015; to the right of way of Rowland Road, and, to any and all other matters as shown of record in the Register’s Office of Rutherford County, Tennessee.
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 Rutherford County Property Tax Division and Jessie Goad, Trustee
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.
THIS 14th day of September, 2012
Run: September 30, 2012, October 7, 2012, October 14, 2012
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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