NOTICE OF FORECLOSURE SALE
STATE OF TENNESSEE, MONROE COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed on November 17, 2006 by Robert A. Sauerberg and Adrienne A. Sauerberg, Adrienne Aldridge Sauerberg Revocable Trust dated August 9, 1993 to BRANCH BANKING AND TRUST COMPANY, Lender and BB&T Collateral Service Corporation, Trustee(s), which was recorded on November 30, 2006, in Book M-24, at Page 252, Monroe County, Tennessee Register of Deeds.
WHEREAS, default having been made in the payment of the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the current owner and holder of said Deed of Trust, Branch Banking and Trust Company, (the ˇČOwner and HolderˇÉ), appointed the undersigned, Brock & Scott, PLLC, as Substitute Trustee, by an instrument duly recorded in the Office of the Register of Deeds of Monroe County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Owner and Holder, and that as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on March 24, 2010, at 12:00PM at the usual and customary location at the Monroe County Courthouse, Madisonville, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Monroe County, Tennessee, to wit:
LOCATED in the Second (2nd) Civil District of Monroe County, Tennessee and being identified as Tax Map 020A, Group A, as Parcel 074.00 in the Property Assessor's Office for Monroe County, Tennessee, and being more particularly described as follows:
BEING known and designated as LOT 484, RARITY BAY SUBDIVISION, PHASE THREE, SECTION TWO, as shown on plat of record in Plat Cabinet C, Slide 125, to which specific reference is made for a more particular description.
This property is subject to all easements, restrictions and covenants of record, including but not limited to Declaration of Covenants, Conditions and Restrictions of record in Misc. 112, page 323, and in Misc. Book 98, Page 151, Register's Office for Monroe County, Tennessee.
BEING the same property conveyed to Adrienne Aldridge Sauerberg, Trustee of the Adrienne Aldridge Sauerberg Restated Revocable Trust dated August 9, 1993, by Correction Warranty Deed of record in Book WD319, Page 457, Register's Office for Monroe County, Tennessee. See also Warranty Deed of record in Book WD317, Page 753, Register's Office for said County.
This Property (define term above) is also subject to the following requirement regarding the Rarity Bay Golf and Country Club (the "Club"):
Mandatory Social Membership. The Grantee shall be a "Social Member" of the Club, as such membership is defined in the Membership Plan (the "Plan") for the Club. There shall be only one (1) Social Membership associated with this conveyance of property. If there is more than one Grantee, all co-Grantees shall be subject to the usage requirements established by the Club in the Club's sole discretion from time to time. The Grantee will be subject to the by-laws, rules, regulations, and charges of the Club and shall be responsible for the payment of Social Membership Dues to the Club. Grantee has already applied for and been approved for a Social Membership at the Club. The Social Membership shall entitle the Grantee and his or her family and guests to Membership privileges at the Club in accordance with the Plan. The Social Membership includes only limited golfing privileges at the Club as set forth in the Plan, and the Club may eliminate all golf privileges for Social Members in its discretion. Grantee shall have no right of reimbursement of refund for initiation fees or deposits related to the Social Membership, and the Social Membership is non-transferable except in connection with the sale of the property relating to such Social Membership.
The Club shall be entitled to charge and collect dues directly from the Grantee on an annual basis ("Social Membership Dues"), prorated from the date of this Warranty Deed. The Social Membership Dues shall be payable by Grantee to the Club without setoff, diminution or abatement for any reason. Grantee, by accepting this Warranty Deed as well as entering into a contract of sale for the property conveyed by this Warranty Deed, is deemed to have notice of liability for these Social Membership Dues and to covenant and agree to pay these assessments. All such Social Membership Dues or other charges, together with interest not to exceed the maximum rate allowable by law, late charges of ten percent (10%) per annum or the highest amount allowable by law, whichever is greater, costs of collection, and reasonable attorneys fees shall be the personal obligation of the Grantee at the time the Social Membership Dues or other charges arose. Upon a transfer of title to property, the Grantee shall be jointly and severally liable for any Social Membership Dues and other charges due at the time of conveyance. However, no first Mortgagee who obtains title to the property by exercising the remedies provided in its Mortgage shall be liable for unpaid Social Membership Dues or other charges which accrued prior to such acquisition of title. Grantee shall not be exempt from liability for Social Membership Dues by non-use of the Club, abandonment of the Unit, or any other means, except as may be provided in the Club's membership program. The obligation to pay Social Membership Dues is a separate and independent covenant on the part of Grantee.
The Basic Social Membership Dues for the year 2004 shall be in the amount of $852.15 per year.
The Club shall be entitled to increase the Social Membership Dues.
The Club shall have a lien against the Property to secure payment of delinquent Social Membership Dues, as well as interest at a rate to be set by the Club (subject to the maximum interest rate limitations of Tennessee law), costs of collection and reasonable attorneys fees. Such lien shall be superior to all other liens, except (I) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, (ii) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value, and (iii) the lien(s) of the Association (as such term is defined in the "Declaration") pursuant to the Declaration, regardless of the date of recording of such lien(s), The Club's lien may be enforced by suit, judgment, and judicial or non-judicial foreclosure as permitted under Tennessee law.
THIS CONVEYANCE is made subject to all applicable restrictions, easements and building setback lines of record.
Parcel ID Number: 020A-A-074.00
Said property is commonly known as Lot 484, Rarity Bay, Phase Three, Section Two, Vonore, TN 37885.
Current Owner(s): Adrienne Aldridge Sauerberg, Trustee of the Adrienne Aldridge Sauerberg Restated Revocable Trust Dated August 9, 1993.
Other Interested Party(ies): None.
The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property 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; a deed of trust; and any matter than an accurate survey of the premises might disclose; and
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 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.
This office is attempting to collect a debt. Any information obtained will be used for that purpose.
Brock & Scott, PLLC, Substitute Trustee
M.Todd Jackson, TN BPR 23455
Brock & Scott, PLLC, Substitute Trustee
c/o Tennessee Foreclosure Department
5431 Oleander Drive, Suite 200
Wilmington, NC 28403
PH: 888-251-0331 FX: (910) 392-8597
File No.: 10-04194
Publication Dates: 03/02/2010, 03/09/2010, 03/16/2010
SUBSTITUTE TRUSTEE'S NOTICE OF
FORECLOSURE SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated JULY 9, 2007, executed by DAVID P VINEYARD AKA DAVID PRESTON VINEYARD AND BARBARA L VINEYARD AKA BARBARA NORTH VINEYARD, HUSBAND AND WIFE, to FMLS, INC., Trustee, of record in BOOK P-25, PAGE 451, AS CORRECTED BY SCRIVENER'S AFFIDAVIT, OF RECORD IN BOOK M208, PAGE 732, in the Register's Office for MONROE County, Tennessee and to J. PHILLIP JONES, appointed as Substitute Trustee in an instrument of record in the Register's Office for MONROE County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by REGIONS BANK, as provided in said Deed of Trust, I, J. PHILLIP JONES, will by virtue of the power and authority vested in me as Substitute Trustee, on FRIDAY, APRIL 9, 2010, AT 11:00 A.M. (LOCAL TIME), AT THE FRONT DOOR OF THE MONROE COUNTY COURTHOUSE, IN MADISONVILLE, MONROE COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in MONROE County, Tennessee, to wit:
PROPERTY LOCATED IN THE COUNTY OF MONROE, TENNESSEE:
LYING AND BEING IN THE FIRST CIVIL DISTRICT OF MONROE COUNTY, TENNESSEE, AND FRONTING ON MAYES AVENUE, SWEETWATER, TENNESSEE, CONSISTING OF AN IRREGULAR SHAPED RESIDENT LOT WITH IMPROVEMENTS THEREON, AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST SIDE OF MAYES AVENUE, WHICH POINT IS 350 FT. IN A SOUTHWESTERLY DIRECTION FROM THE CURB LINE AT THE INTERSECTION OF MAYES AVENUE AND THE KINGSTON ROAD AND WHICH POINT IS ALSO A CORNER OF THE PROPERTY HEREIN AND SAME CORNERS WITH LANDS FORMERLY GOURLEY AND BEARDSHEAR AND FROM CENTER POINT RUNNING THENCE WITH THE CURB OF MAYES AVENUE SOUTHERLY 247 FT. TO A CORNER WITH THE B.F. HOLT PROPERTY; THENCE WITH THE LINE OF HOLT WESTERLY 105 FT. TO A STAKE CORNER; THENCE WITH THE LANDS OF DOYLE IN A NORTHERLY DIRECTION 63 FT. TO A CORNER; THENCE AT RIGHT ANGLES IN A WESTERLY DIRECTION; THENCE ALONG THE HOLT LINE 52 FT. TO A FENCE CORNER WITH THE LANDS OF POTTER; THENCE WITH THE LANDS OF POTTER NORTHERLY 175 FT., MORE OR LESS, TO THE CENTER OF A DITCH; THENCE WITH THE CENTER OF THE DITCH EASTERLY 168 FT., MORE OR LESS, TO THE BEGINNING CORNER.
BEING THE SAME PROPERTY CONVEYED TO DAVID PRESTON VINEYARD (A/K/A DAVID P VINEYARD) AND WIFE, BARBARA NORTH VINEYARD (A/K/A BARBARA L VINEYARD), BY DEED DATED APRIL 25, 1977, OF RECORD IN BOOK WD141, PAGE 599, IN THE REGISTER'S OFFICE OF MONROE COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 905 MAYES AVENUE, SWEETWATER, TENNESSEE 37874.
MAP 023C GROUP F PARCEL 040.00
THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY.
THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS OF RECORD INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/ INTERNAL REVENUE SERVICE, THE STATE OF TENNESSEE DEPARTMENT OF REVENUE, OR THE STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORK FORCE 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, 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 ANNOUNCEMENT AT THE TIME AND PLACE FOR THE SALE SET FORTH ABOVE. THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND 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.
OTHER INTERESTED PARTIES: NONE OF RECORD
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
This day, March 4, 2010. This is improved property known as 905 MAYES AVENUE, SWEETWATER, TENNESSEE 37874.
J. PHILLIP JONES, Substitute Trustee
J. PHILLIP JONES SUBSTITUTE TRUSTEE
SUITE C-205, NASHVILLE HOUSE
ONE VANTAGE WAY
NASHVILLE, TN 37228
(615) 254-4430
Insertion: 3/9, 3/16, 3/23/2010
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 December 15, 2004, executed by James C. Pilkey, conveying certain real property therein described to Old Republic, as Trustee, as same appears of record in the Register's Office of Monroe County, Tennessee recorded on December 20, 2004 at Book/Instrument No. K-20, Page 789-810; and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to The Bank Of New York Mellon fka The Bank Of New York As Trustee For The Certificateholders Of CWABS 2005-AB1 who is now the owner of said debt; and
WHEREAS, the undersigned, Everett L. Hixson, Jr., having been appointed by as Substitute Trustee by instrument to be filed for record in the Register's Office of Monroe County, Tennessee.
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Everett L. Hixson, Jr., 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 April 1, 2010 at 11:00 AM at the MONROE County courthouse door where the foreclosure sales are customarily held at the MONROE Courthouse, located in Madisonville, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Monroe County, Tennessee, to wit:
SITUATED IN THE FIRST (1ST) CIVIL DISTRICT OF MONROE COUNTY, TENNESSEE, AND BEING PART OF LOT NUMBER 40 OF THE ARTHUR BORDEN FARM SUBDIVISION, AS THE SAME IS SHOWN OF RECORD IN PLAT BOOK 1, PAGE 84 (NOW PLAT CABINET B, SLIDE 39), AND ALSO CONVEYED IS A STRIP OF PROPERTY LYING BEHIND SAID LOT, THE ENTIRE PARCEL BEING CONVEYED HEREIN DESCRIBED IN MEETS AND BOUNDS ACCORDING TO THE SURVEY OF DAVID BUNDREN, TENNESSEE REGISTERED LAND SURVEYOR, LICENSE NUMBER 1517, DATED MARCH 31, 1997.
BEGINNING AT A STAR HOLE FOUND IN CONCRETE LOCATED IN THE NORTH MARGIN OF BORDEN STREET, CORNER TO LOTS 40 AND 41 OF SAID SUBDIVISION, SAID POINT BEING A DISTANCE OF 214.63 FEET IN A EASTERLY DIRECTION FROM THE INTERSECTION OF BORDEN STREET WITH THE CENTERLINE OF BROOKSIDE DRIVE; THENCE FROM THE POINT OF BEGINNING, AND SEVERING LOT 40, NORTH 05 DEGREES 39 MINUTES 47 SECONDS EAST 202.75 FEET (PASSING AN IRON PIN ORIGINAL AT 152.09 FEET) TO AN IRON PIN SET IN THE LINE OF SWEETWATER CITY PARK PROPERTY; THENCE WITH THE CITY PARK, NORTH 86 DEGREES 03 MINUTES 36 SECONDS EAST 73.26 FEET TO AN IRON PIN SET; THENCE SOUTH 01 DEGREES 54 MINUTES 41 SECONDS EAST 200.00 FEET (PASSING AN IRON PIN MARKING THE NORTHWEST CORNER OF LOT 39 AT 50.0 FEET) TO AN IRON ROD FOUND IN THE NORTH MARGIN OF BORDEN STREET, CORNER TO LOTS 39 AND 40; THENCE WITH THE NORTH LINE OF BORDEN STREET, SOUTH 86 DEGREES 01 MINUTES 49 SECONDS WEST 100.00 FEET TO THE POINT OF BEGINNING.
BEING THE SAME PROPERTY CONVEYED TO TERRY M. BUCKNER FROM TIM E. CASSIDY AND WIFE, JONNA J. CASSIDY AND CHARLES B. CASSIDY AND WIFE, LOLA CASSIDY; DATED 3/31/97; RECORDED IN BOOK 237, PAGE 80, IN THE REGISTER`S OFFICE OF MONROE COUNTY, TENNESSEE.
PROPERTY ADDRESS: The street address of the property is believed to be 213 Borden Street, Sweetwater, TN 37874. 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): James C. Pilkey
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.
Everett L. Hixson, Jr., Substitute Trustee
Rubin Lublin Suarez Serrano, LLC
One Park Place, Suite 380
6148 Lee Highway
Chattanooga, TN 37421
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
Tel: (888) 890-5309
Fax: (423) 296-1882
Insertion: 3/9, 3/16, 3/23/2010
NOTICE OF TRUSTEE'S SALE
Default having been made in the payment of the debts and obligations as made, provided for and/or secured in a Deed of Trust executed by JAY K. MOORE, single, to Larry L. Hicks, Trustee, dated July 31, 2008, and recorded in Trust Deed Book U-26, page 489-495 in the Register's Office for Monroe County, Tennessee, and the entire indebtedness having been declared due and payable and payment not having been made as demanded. Notice is hereby given that I, Larry L. Hicks, Trustee, and under the authority vested in me by said instrument, and having been requested to do so by the lawful holder and owner of said indebtedness will on Tuesday, April 6, 2010, at 10:00 a.m. on the steps of the Monroe County Courthouse, sell at public outcry, to the highest bidder and last bidder for cash, free from all statutory and other rights and equities of redemption to the extent provided for in Tennessee Code Annotated §66 8 101, as amended and free from the rights of homestead and all other exemptions of any kind, which are waived in said Deed of Trust, but subject to any state tax liens and subject to any unpaid city or county property taxes and all other matters and encumbrances which take priority over the Deed of Trust under which this foreclosure sale is conducted, the following described property being located in Monroe County, Tennessee, and being more particularly described as follows:
SITUATED in the Third Civil District of Monroe County, Tennessee, and more particularly described as follows:
BEING LOT 18 in Crystal Springs Addition, Madisonville, Tennessee, as evidenced by Plat of same recorded in Plat Book 3, page 97, in the Register's Office for Monroe County, Tennessee, at Madisonville.
ALSO CONVEYED HEREIN is a 1982 Summitt Mobile Home, VIN#14522IFKH35058G, Model 435.
BEING the same property conveyed to the Grantor by Special Warranty Deed of record in Warranty
Deed Book 330, Page 570, in the Register's Office for Monroe County, Tennessee.
Property address: 515 Crystal Springs Road, Madisonville, Tennessee 37354
No Warranties are made as to the marketability of title to said real property, which real property is being sold "where is, as is", subject to all restrictions, easements, unpaid real property taxes, assessments, and all superior encumbrances and liens, if any, whether of record or not. The Trustee herein makes no representations or warranties as to status of title or description of this property.
This is an action to collect a debt and any information obtained will be used for this purpose.
PURSUANT TO T.C.A. 35-5-104(d) the following are interested parties that might have their interests extinguished or adversely affected by the sale: Monroe County Trustee 2008 and 2009 taxes and 2008 and 2009 City of Madisonville taxes.
Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Trustee shall have the option of accepting the second highest bid, or the next highest bid with which the buyer is able to comply. The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above.
SIGNED this the 23rd day of February, 2010.
Larry L. Hicks, Trustee
WHITE, CARSON & ALLIMAN
ATTORNEYS AT LAW, P.C.
135 COLLEGE STREET
MADISONVILLE, TN 37354
insert: February 28, 2010, March 7, and March 14, 2010
THIS INSTRUMENT PREPARED BY:
Chadwick B. Tindell, Esquire
Stone & Hinds, P.C.
507 Gay Street, S.W., Suite 700
Knoxville, Tennessee 37902
(865) 546-6321
NOTICE OF SUBSTITUTE TRUSTEE SALE
WHEREAS, on the 11th day of July, 2005, by Deed of Trust recorded in Book G-21, Page 267, in the Register of Deeds Office for Monroe County, Tennessee, ARC Equity Capital, LLC conveyed to BB&T Collateral Service Corporation, Trustee, the hereinafter described real property to secure the payment of a Note, the said note and other indebtedness being incorporated into said Deed of Trust by reference; and
WHEREAS, it being determined to be desirous and convenient, Chadwick B. Tindell was appointed and designated to serve as substitute or successor trustee in the place and stead of BB&T Collateral Service Corporation, Trustee under said Deed of Trust on the 3rd day of February 2010, by Appointment of Substitute Trustee recorded in Book M208, Page 418 in the Register of Deeds Office for Monroe County, Tennessee; and
WHEREAS, default has been made in the payment of said indebtedness, which is now past-due, the entire balance of which having been declared due and payable in accordance with the terms of said Note and Deed of Trust, and the owner and holder of said Note has directed me, the undersigned Substitute Trustee, to foreclose said Deed of Trust in accordance with the terms thereof, and to sell said real estate.
NOW, THEREFORE, by virtue of the authority in me vested by said Deed of Trust, I will on the 29th day of March, 2010, at 10:30 a.m., offer for sale and sell at the front entrance of the Monroe County Courthouse, 103 College Street, Madisonville, Tennessee 37354, to the last, highest, and best bidder, for cash in hand, the following described real estate:
SITUATED in the Second (2nd) Civil District of Monroe County, Tennessee, being all of Lot 4, in Clearwater Cove, and being without the corporate limits of any municipality, as shown by map of record in Cabinet E, Slide 269, in the Register's Office for Monroe County, Tennessee, to which map specific reference is hereby made for a more particular description of said lot.
This property is further SUBJECT to the Grant of Road Easement to the United States of America of record in Warranty Deed Book 131, Page 98, in the Register's Office aforesaid.
BEING the same property conveyed to ARC Capital, LLC, by deed dated July 8, 2005, from Tellico Partners I, LLC, recorded in Deed Book 303, Page 36, in the Register's Office for Monroe County, Tennessee.
Subject to restrictions recorded in Miscellaneous Book 163, page 772, in the Register's Office for Monroe County, Tennessee.
Said sale shall be made free of and in bar of any right and/or equity of redemption, homestead, dower, curtesy or other state or federal exemption, and all other rights and exemptions of every kind, in and to the property, all such rights and exemptions being expressly waived in the Deed of Trust, but subject to any prior or superior encumbrances, unpaid taxes, all applicable easements and restrictions, and other matters of record.
I will convey the property as substitute trustee only. Upon receipt of cash payment or certified funds within twenty-four (24) hours of the time of the sale, I will deliver to the successful bidder a Substitute Trustee's Deed. This conveyance will be made without any covenant or warranty, express or implied. The proceeds from the sale shall be applied first to the payment of all expenses of the sale, including, but not limited to, reasonable trustee's fees and attorney's fees, second to all sums secured by the Deed of Trust, and third any remaining proceeds shall be paid to the person(s) legally entitled thereto.
Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Trustee shall have the option of accepting the second highest bid, or the next highest bid with which a buyer is able to comply. The right is reserved to reject all bids as insufficient. The right is also reserved to adjourn the sale to another day certain without further publication, upon announcement before or during the sale.
This notice shall run in The Advocate & Democrat on the 7th, 14th, and 21st days of March, 2010.
This the 3rd day of March, 2010.
/s/ Chadwick B. Tindell
Chadwick B. Tindell
Substitute Trustee
SUBSTITUTE TRUSTEE'S NOTICE OF FORECLOSURE SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated APRIL 21, 2008, executed by ANGELA A. BEATY (A/K/A ANGELA ANTONELLA BEATY), A SINGLE PERSON, to ARNOLD M. WEISS, ESQ., Trustee, of record in BOOK L-26, PAGE 31, in the Register's Office for MONROE County, Tennessee and to J. PHILLIP JONES, appointed as Substitute Trustee in an instrument of record in the Register's Office for MONROE County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by TENNESSEE HOUSING DEVELOPMENT AGENCY BY AND THROUGH ITS SERVICER AND AUTHORIZED AGENT, U.S. BANK, NATIONAL ASSOCIATION, as provided in said Deed of Trust, I, J. PHILLIP JONES, will by virtue of the power and authority vested in me as Substitute Trustee, on MONDAY, APRIL 12, 2010, AT 11:00 A.M. (LOCAL TIME), AT THE FRONT DOOR OF THE MONROE COUNTY COURTHOUSE, IN MADISONVILLE, MONROE COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in MONROE County, Tennessee, to wit:
PROPERTY LOCATED IN THE COUNTY OF MONROE, TENNESSEE:
SITUATED IN DISTRICT THREE (3) OF MONROE COUNTY, TENNESSEE AND BEING A PORTION OF THE TOM RAPER FARM AS SHOWN BY PLAT OF THE SAME OF RECORD IN PLAT BOOK 2, PAGE 109 IN THE REGISTERˇÇS OFFICE FOR MONROE COUNTY, TENNESSEE AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
TO FIND THE POINT OF BEGINNING START AT THE INTERSECTION OF THE CENTER LINE OF HIGHWAY 68 AND THE NORTH RIGHT-OF-WAY LINE OF THE COUNTY ROAD; THENCE FOLLOWING THE NORTH RIGHT-OF-WAY LINE OF THE COUNTY ROAD IN AN EASTERLY DIRECTION 1630 FEET, MORE OR LESS, TO A POINT IN THE WEST LINE OF A 50 FOOT RIGHT-OF-WAY; THENCE FROM SAID POINT IN A NORTHERLY DIRECTION ALONG THE WEST LINE OF THE 50 FOOT RIGHT-OF-WAY 250 FEET, MORE OR LESS, TO AN IRON PIN THE PLACE OF BEGINNING; THENCE FROM SAID BEGINNING POINT, NORTH 87° 37' WEST 179.97 FEET TO AN IRON PIN IN THE LINE OF COFFELT; THENCE WITH THE LINE (ERRONEOUSLY REFERRED TO AS LINT) OF COFFELT, NORTH 00° 45' EAST 124.96 FEET TO AN IRON PIN; THENCE SOUTH 87° 38' EAST 180.06 FEET TO AN IRON PIN IN THE WEST LINE OF THE 50 FOOT RIGHT-OF-WAY; THENCE WITH THE RIGHT-OF-WAY SOUTH 00° 45' WEST 124.99 FEET TO AN IRON PIN AT THE PLACE OF BEGINNING, AS SHOWN BY THE SURVEY OF STANLEY E. HINDS, SURVEYOR, HINDS SURVEYING, KNOXVILLE, TENNESSEE, DATED FEBRUARY 2, 1981.
THERE IS ALSO CONVEYED HEREIN A PERMANENT NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A 50 FOOT STRIP LYING ADJACENT TO AND IMMEDIATELY EAST OF THE EAST PROPERTY LINE OF THE ABOVE DESCRIBED PROPERTY AND EXTENDING FROM THE COUNTY ROAD IN A NORTHERLY DIRECTION 374.99 FEET, MORE OR LESS.
BEING THE SAME PROPERTY CONVEYED TO ANGELA ANTONELLA BEATY (A/K/A ANGELA A. BEATY), BY DEED DATED APRIL 21, 2008, OF RECORD IN BOOK WD328, PAGE 587, IN THE REGISTER'S OFFICE OF MONROE COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS 158 NORTH FORK LOOP ROAD, MADISONVILLE, TENNESSEE 37354. (157 NORTH FORK LOOP ROAD, MADISONVILLE, TENNESSEE 37354, PER ASSESSOR'S OFFICE)
MAP 079 PARCEL 147.03
THE SALE OF THE SUBJECT PROPERTY IS WITHOUT WARRANTY OF ANY KIND, AND IS FURTHER SUBJECT TO THE RIGHT OF ANY TENANT(S) OR OTHER PARTIES OR ENTITIES IN POSSESSION OF THE PROPERTY.
THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS OF RECORD INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/ INTERNAL REVENUE SERVICE, THE STATE OF TENNESSEE DEPARTMENT OF REVENUE, OR THE STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORK FORCE 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, 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 ANNOUNCEMENT AT THE TIME AND PLACE FOR THE SALE SET FORTH ABOVE. THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND 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.
OTHER INTERESTED PARTIES: NONE OF RECORD
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This day, February 23, 2010. This is improved property known as 158 NORTH FORK LOOP ROAD, MADISONVILLE, TENNESSEE 37354. (157 NORTH FORK LOOP ROAD, MADISONVILLE, TENNESSEE 37354, PER ASSESSOR'S OFFICE)
J. PHILLIP JONES, Substitute Trustee
J. PHILLIP JONES SUBSTITUTE TRUSTEE
SUITE C-205, NASHVILLE HOUSE
ONE VANTAGE WAY
NASHVILLE, TN 37228
(615) 254-4430
Insertion:2/28, 3/7, 3/14/2010
IN THE CIRCUIT COURT FOR MONROE COUNTY TENNESSEE
ORDER OF PUBLICATION - NON RESIDENT
Jeffrey Foster
PLAINTIFF
VS.
Nakisha Standridge
DEFENDANT
DOCKET NO. V094195
IN THIS CAUSE IT APPEARING BY AFFIDAVIT THAT THE DEFENDANT Nakisha Standridge (IS) A NONRESIDENT OF THE STATE OF TENNESSEE, AND THAT PERSONAL SERVICE OF PROCESS CANNOT BE HAD UPON HER. SHE IS THEREFORE, HEREBY REQUIRED TO SERVE ANSWER ON OR BEFORE THE 4th DAY OF May, 2010. THE SAME BEING 30 DAYS FROM THE LAST PUBLICATION OF THIS NOTICE, UPON Jessica Miller, ATTORNEY. PO Box 44 Cleveland, TN 37364-0044. FAILURE TO DO SO, JUDGMENT BY DEFAULT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT.
IT IS FURTHER ORDERED THAT THIS NOTICE BE PUBLISHED FOR FOUR CONSECTIVE WEEKS IN THE ADVOCATE & DEMOCRAT.
THIS THE 5th DAY OF March, 2009.
MARTHA M. COOK
CIRCUIT COURT CLERK
BY:MARSHA B. STANDRIDGE, DEPUTY CLERK
ISSUED THIS THE 5th DAY OF MARCH, 2009
Insert: March 14, 2010
March 21, 2010
March 28, 2010
April 4, 2010
IN THE CIRCUIT COURT FOR MONRoE COUNTY TENNESSEE
IN RE: ADOPTION OF SOPHIA ALEXANDREA CHAVEZ
DOB: November 5, 1998
KATHLEEN PATTY SLOAN, et vir
Petitioners
vs.
JOSE DOLORES CHAVEZ
Respondent
No. VI 0037P
NON RESIDENT NOTICE
NOTICE of ADOPTION TERMINATION OF PARENTAL RIGHTS
In this cause, it appearing to the Court from the allegations of the Petition seeking to terminate forever any parental right of the biological Father, Jose Dolores
Chavez. of Sophia Alexandrea Chavez, a minor, a copy of which Petition may be obtained at the Office of the Circuit Court Clerk of Monroe County, Tennessee, at Madisonville; that the whereabouts of Jose Dolores Chavez is unknown and, therefore, the ordinary process of law cannot be served on him.
It is, therefore, ORDERED That the said Jose Dolores Chavez enter his appearance herein on or before April 20, 2010, being 30 days from the last publication upon Doris Matthews, Attorney for Petitioners. 400 Main Street, Madisonville, TN 37354, and plead, answer to the petition filed against him, or the same be taken for confessed as to him; failure to do so, judgment by default will be taken against him and set for hearing ex parte, and that a copy of this Notice published for four consecutive weeks in the Advocate Democrat, a newspaper published in Monroe County, Tennessee.
Martha M. Cook,
Circuit Court Clerk
Tina Spradlin
Deputy Clerk
Insert Dates:Feb. 28, 2010
March 7,2010
March 14, 2010
March 21, 2010
SUBSTITUTE TRUSTEE'S SALE
Default having been made in the payment of the debts and obligations secured to be paid in a certain Deed of Trust executed the 13th day of August, 1998, BEULAH HICKS to George N. McCoin, Affiliated Title of Athens, TN, as Trustee, as same appears of record in the Register's Office of Monroe County, Tennessee in Book T-12, Page 666 and John B. Philip or Paul N. Royal or James A. Crislip, Jr. of Shelby County, Tennessee were substituted in his place and the holder of the note, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, FKA BANKERS TRUST COMPANY OF CALIFORNIA, NA AS TRUSTEE FOR UCFC LOAN TRUST 1998-C and the owner of the debt secured having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of the said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that John B. Philip or Paul N. Royal or James A. Crislip, Jr., Substitute Trustees, will on Tuesday, March 30, 2010 commencing at 1:00 o'clock p.m. on the Front Steps of the Monroe County Courthouse, proceed to sell at public outcry to the highest and best bidder for cash, the following described property, to wit:
Situated in the County of Monroe and State of Tennessee:
Property Address: 138 Old Sweetwater Road, Sweetwater
(Property Description)
Situated in the First (1st) Civil District of Monroe County, Tennessee, being more particularly described as follows:
Beginning at a point in the center of the old Sweetwater-Philadelphia Road, and running, with the center of the road, North 41 degrees 59 minutes East, 20.76 feet to a corner in the center of the road, being the northeast corner of Lot No. 3 in Tanglewood Subdivision; thence, continuing with the center of the road, and running North 33 degrees 21 minutes 130.49 feet to a corner in the center of the road; thence, leaving the road, and running South 62 degrees 14 minutes East, 282.86 feet to a corner; thence running South 27 degrees 46 minutes West 150 feet to a corner; thence running North 62 degrees 14 minutes West 300.66 feet to the point of beginning in the center of the road and containing one (1) acre, more or less.
Parcel No. 008-03404
OTHER INTERESTED PARTIES: None
The street address of the above described property is believed to be 138 Old Sweetwater Road, Sweetwater, TN 37874, but such address is not apart of the of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
All right and equity of redemption, Statutory and otherwise, homestead and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but John B. Philip or Paul N. Royal or James A. Crislip, Jr., Substitute Trustee, will sell and convey only as Substitute Trustee, subject to any prior deeds of trust, real estate taxes, assessments and liens.
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.
If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.
This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
John B. Philip, Paul N. Royal, James A. Crislip, Jr., Substitute Trustees
Crislip, Philip & Associates
By: John B. Philip, Attorney
PUBLICATION DATES: March 7; March 14; March 21, 2010
THIS INSTRUMENT PREPARED BY:
Chadwick B. Tindell, Esquire
Stone & Hinds, P.C.
507 Gay Street, S.W., Suite 700
Knoxville, Tennessee 37902
(865) 546-6321
NOTICE OF SUBSTITUTE TRUSTEE SALE
WHEREAS, on the 12th day of January, 2006, by Deed of Trust recorded in Book C-22, Page 633, in the Register of Deeds Office for Monroe County, Tennessee, ARC Equity Capital, LLC conveyed to BB&T Collateral Service Corporation, Trustee, the hereinafter described real property to secure the payment of a Note, the said note and other indebtedness being incorporated into said Deed of Trust by reference; and
WHEREAS, it being determined to be desirous and convenient, Chadwick B. Tindell was appointed and designated to serve as substitute or successor trustee in the place and stead of BB&T Collateral Service Corporation, Trustee under said Deed of Trust on the 3rd day of February 2010, by Appointment of Substitute Trustee recorded in Book M208, Page 420 in the Register of Deeds Office for Monroe County, Tennessee; and
WHEREAS, default has been made in the payment of said indebtedness, which is now past-due, the entire balance of which having been declared due and payable in accordance with the terms of said Note and Deed of Trust, and the owner and holder of said Note has directed me, the undersigned Substitute Trustee, to foreclose said Deed of Trust in accordance with the terms thereof, and to sell said real estate.
NOW, THEREFORE, by virtue of the authority in me vested by said Deed of Trust, I will on the 29th day of March, 2010, at 10:45 a.m., offer for sale and sell at the front entrance of the Monroe County Courthouse, 103 College Street, Madisonville, Tennessee 37354, to the last, highest, and best bidder, for cash in hand, the following described real estate:
SITUATED in the Second (2nd) Civil District of Monroe County, Tennessee, being all of Lot 23, in Clearwater Cove, and being without the corporate limits of any municipality, as shown by map of record in Cabinet E, Slide 269, in the Register's Office for Monroe County, Tennessee, to which map specific reference is hereby made for a more particular description of said lot.
This property is further SUBJECT to the Grant of Road Easement to the United States of America of record in Warranty Deed Book 131, Page 98, in the Register's Office aforesaid.
BEING the same property conveyed to ARC Equity Capital, Inc. by deed dated January 12, 2006, from Tellico Partners I, LLC, recorded in Deed Book 308, Page 752, in the Register's Office for Monroe County, Tennessee.
Subject to restrictions recorded in Miscellaneous Book 163, page 772, in the Register's Office for Monroe County, Tennessee.
Said sale shall be made free of and in bar of all right and/or equity of redemption, homestead, dower, curtesy or other state or federal exemption, and all other rights and exemptions of every kind, in and to the property, all such rights and exemptions being expressly waived in the Deed of Trust, but subject to any prior or superior encumbrances, unpaid taxes, all applicable easements and restrictions, and other matters of record.
I will convey the property as substitute trustee only. Upon receipt of cash payment or certified funds within twenty-four (24) hours of the time of the sale, I will deliver to the successful bidder a Substitute Trustee's Deed. This conveyance will be made without any covenant or warranty, express or implied. The proceeds from the sale shall be applied first to the payment of all expenses of the sale, including, but not limited to, reasonable trustee's fees and attorney's fees, second to all sums secured by the Deed of Trust, and third any remaining proceeds shall be paid to the person(s) legally entitled thereto.
Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Trustee shall have the option of accepting the second highest bid, or the next highest bid with which a buyer is able to comply. The right is reserved to reject all bids as insufficient. The right is also reserved to adjourn the sale to another day certain without further publication, upon announcement before or during the sale.
This notice shall run in The Advocate & Democrat on the 7th, 14th, and 21st days of March, 2010.
This the 3rd day of March, 2010.
/s/ Chadwick B. Tindell
Chadwick B. Tindell
Substitute Trustee