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Date: Tuesday, February 7th
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 JANUARY 24, 2006, executed by ROBERT A. KYLE (A/K/A ROBERT ANTHONY KYLE), UNMARRIED, to U. S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, Trustee of record in DEED OF TRUST BOOK 824, PAGE 479, for the benefit of U.S. BANK NATIONAL ASSOCIATION ND, in the Register's Office for MCMINN County, Tennessee and to J. PHILLIP JONES, appointed as Substitute Trustee in an instrument of record in the Register's Office for MCMINN County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by U.S. BANK, NATIONAL ASSOCIATION ND, being the present owner/holder or authorized agent, designee or servicer of the holder/owner of said indebtedness, has requested foreclosure proceedings to be instituted; and 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 TUESDAY, FEBRUARY 21, 2012 AT 11:00 A.M. (LOCAL TIME), INSIDE THE FRONT DOOR OF THE MCMINN COUNTY COURTHOUSE, ATHENS, MCMINN 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 MCMINN County, Tennessee, to wit: PROPERTY LOCATED IN MCMINN COUNTY, TENNESSEE: SITUATED IN THE 1ST CIVIL DISTRICT OF MCMINN COUNTY, TENNESSEE, WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE POINT OF BEGINNING COMMENCE AT AN IRON NEW IN THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 110, COMMON CORNER TO TONYA WILSON (W.D. 16-T, PG. 717) AND DANNY FROEHLICH (W.D. 15-I, PG. 631), SAID IRON ROD ALSO BEING THE WESTERLY EDGE OF 50 FOOT RIGHT OF WAY AND BEING LOCATED 550 FEET +/- FROM THE PI OF COUNTY ROAD 110 AND COUNTY ROAD 115; THENCE, LEAVING THE RIGHT OF WAY LINE OF COUNTY ROAD 110 AND WITH THE LINE OF WILSON, FROEHLICH AND THE WESTERLY EDGE OF SAID 50 FOOT RIGHT OF WAY THE FOLLOWING CALLS AND DISTANCES; THENCE, NORTH 21 DEGREES 24 MINUTES 47 SECONDS WEST, 237.19 FEET TO A POINT; THENCE, NORTH 15 DEGREES 33 MINUTES 10 SECONDS WEST, 237.49 FEET TO AN EXISTING METAL FENCE POST; THENCE; NORTH 15 DEGREES 52 MINUTES 37 SECONDS WEST 220.77 FEET TO A POINT, CORNER TO AILENE WILSON (W.D. 15-G, PAGE 342); THENCE, WITH THE LINE OF TONYA WILSON AND AILENE WILSON, NORTH 15 DEGREES 52 MINUTES 37 SECONDS WEST, 361.93 FEET TO AN IRON ROD NEW; THENCE, LEAVING THE LINE OF AILENE WILSON AND SAID 50 FOOT RIGHT OF WAY AND WITH THE LINE OF TONYA WILSON, NORTH 62 DEGREES 25 MINUTES 29 SECONDS WEST, 552.93 FEET TO AN IRON ROD NEW IN THE LINE OF CSP REALTY COMPANY (W.D. 8-C, PG 500); THENCE LEAVING THE LINE OF TONYA WILSON AND WITH THE LINE OF CSP REALTY COMPANY, NORTH 17 DEGREES 43 MINUTES 05 SECONDS EAST, 879.39 FEET TO AN IRON ROD NEW IN THE LINE OF CSP REALTY COMPANY, COMMON CORNER TO TRACT 1; THENCE, LEAVING THE LINE OF CSP REALTY COMPANY AND WITH THE LINE OF TRACT 1, SOUTH 84 DEGREES 11 MINUTES 13 SECONDS EAST, 659.00 FEET TO AN IRON ROD NEW IN THE LINE OF DONALD ELLIOTT (W.D. 10-F, PG 495); THENCE, LEAVING THE LINE OF TRACT 1 AND WITH THE LINE OF ELLIOTT, SOUTH 16 DEGREES 06 MINUTES 11 SECONDS EAST, 17.72 FEET TO AN IRON PIPE OLD; THENCE, CONTINUING WITH THE LINE OF ELLIOTT, SOUTH 27 DEGREES 47 MINUTES 40 SECONDS EAST, 252.58 FEET TO AN IRON ROD OLD, COMMON CORNER TO STEVEN SMITH (W.D. 15-H, PG 480); THENCE, LEAVING THE LINE OF ELLIOTT AND WITH THE LINE OF SMITH, SOUTH 60 DEGREES 29 MINUTES 56 SECONDS WEST, 265.81 FEET TO AN IRON ROD NEW IN THE CENTERLINE OF 50 FOOT RIGHT OF WAY; THENCE, CONTINUING WITH THE LINE OF SMITH AND CENTERLINE OF SAID 50 FOOT RIGHT OF WAY THE FOLLOWING CALLS AND DISTANCES, SOUTH 11 DEGREES 16 MINUTES 47 SECONDS WEST, 94.86 FEET TO A POINT; THENCE, SOUTH 19 DEGREES 03 MINUTES, 16 SECONDS WEST, 54.87 FEET TO A POINT; THENCE, SOUTH 23 DEGREES 22 MINUTES 19 SECONDS WEST, 103.18 FEET TO A POINT; THENCE, SOUTH 18 DEGREES 26 MINUTES 57 SECONDS WEST, 175.46 FEET TO A POINT; THENCE, SOUTH 22 DEGREES 59 MINUTES 11 SECONDS WEST, 131.79 FEET TO A POINT; THENCE, SOUTH 29 DEGREES 13 MINUTES 32 SECONDS WEST, 92.43 FEET TO AN IRON ROD OLD IN THE CENTERLINE OF SAID 50 FOOT RIGHT OF WAY, COMMON CORNER TO AILENE WILSON (W.D. 15-G, PG 342); THENCE, LEAVING THE LINE OF SMITH AND WITH THE LINE OF WILSON, SOUTH 63 DEGREES 25 MINUTES 39 SECONDS WEST, 106.16 FEET TO AN IRON ROD NEW, SAID IRON ROD BEING THE POINT OF BEGINNING; CONTAINING 15.67 ACRES ACCORDING TO SURVEY OF GARY L. ROTH, JR., TN RLS #2051, DATED FEBRUARY 5, 2005. SUBJECT TO ANY APPLICABLE GOVERNMENTAL ZONING ORDINANCES OR SUBDIVISION REGULATIONS IN EFFECT THEREON. THE TERM "PROPERTY" SHALL INCLUDE THE MANUFACTURED HOME DESCRIBED AS FOLLOWS: USED 2000 CLAYTON HOMES/HORTON ID #H110048GLRA & H110048GLRB BEING THE SAME PROPERTY CONVEYED TO ROBERT A. KYLE, UNMARRIED, BY QUITCLAIM DEED DATED APRIL 12, 2005 OF RECORD IN WARRANTY DEED BOOK 17B, PAGE 95, IN THE REGISTER'S OFFICE OF MCMINN COUNTY, TENNESSEE. SEE ALSO AFFIDAVIT OF AFFIXATION OF RECORD IN DEED OF TRUST BOOK 824, PAGE 496 IN THE REGISTER'S OFFICE OF MCMINN COUNTY, TENNESSEE. MAP 063 PARCEL 003.00 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. IF APPLICABLE, THE NOTICE REQUIREMENTS OF T.C.A. 35-5-117 HAVE BEEN MET. 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, December 27, 2011. This is improved property known as 1034 COUNTY ROAD 110, ATHENS, TENNESSEE 37303. J. PHILLIP JONES, SUBSTITUTE TRUSTEE 1800 HAYES STREET NASHVILLE, TN 37203 (615) 254-4430 www.phillipjoneslaw.com F11-3038 Insertion Dates: January 24, 31, & February 7, 2012
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Tuesday, February 7th
SUBSTITUTE TRUSTEE'S SALE Sale at public auction will be on February 28, 2012 at 10:00AM local time, at the front door, Meigs County Courthouse, Decatur, Tennessee pursuant to Deed of Trust executed by Rebecca F. Elrod and Jack D. Elrod, her husband, to Raymond Ernest Skidmore, Trustee, on September 24, 2004 at Book 127, Page 293; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Meigs County Register's Office. Holder: Regions Bank DBA Regions Mortgage, successor by merger to Union Planters Bank, NA The following real estate located in Meigs County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in the Third (3rd) Civil District of Meigs County, Tennessee, just Northeast of the City Limits of Decatur, to wit: Lots Twelve (#12), Thirteen (#13), Fourteen (#14) and Fifteen (#15) in Meadowview Subdivision Number 2, as shown on map or plat of record in Miscellaneous Book 6, Page 169 of record in the Register's Office for Megs County, Tennessee, to which reference is hereby made. Street Address: 519 Meadowview Lane (Per DOT), Meadowview Lane (Per Assessor of Property), Decatur, Tennessee 37322 Parcel Number: 037M-C-008.00 and 037M-C-008.02 Current Owner(s) of Property: Jack D. Elrod and wife, Rebecca F. Elrod Other interested parties: Regions Bank, Meigs County Main Office and Regions Bank, foreclosurenotice@regions.com The street address of the above described property is believed to be 519 Meadowview Lane (Per DOT), Meadowview Lane (Per Assessor of Property), Decatur, Tennessee 37322, but such address is not part 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. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead 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. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, 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 may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 11-029416 Insertion Dates: January 31, February 7, & 14, 2012
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Tuesday, February 7th
NOTICE OF TRUSTEE'S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated December 4, 2007, and the Deed of Trust of even date securing the same, recorded December 10, 2007, at Book 898, Page 232 in Office of the Register of Deeds for McMinn County, Tennessee, executed by Neila S Hayes, conveying certain property therein described to Brandon G. Polito as Trustee for Wells Fargo Financial Tennessee 1, LLC.; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on February 27, 2012 on or about 12:00 P.M., at the McMinn County Courthouse, Athens, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in McMinn County, Tennessee, and being more particularly described as follows: Land Referred to in this commitment is described as all that certain property situated in Englewood; 3rd Civil District in the County of McMinn, and State of Tennessee and being described in a Deed Dated December 09, 2004 and recorded December 10, 2004 in Book 16X Page 203 among the Land Records of the County and State set forth above, and referenced as follows: Beginning at a point in the centerline of County Road 459, same being the Southeast corner of the Roger D. Philpott property Deed Book 13-C, Page 293, and the Southwest corner of the property herein conveyed; from the said point of beginning along a common fence with the Philpott property as follows: North 07 degrees 14 minutes 24 seconds East 182.31 feet, North 00 degrees 34 minutes 46 seconds East 406.22 feet, North 00 degrees 23 minutes 04 seconds East 278.57 feet and North 00 degrees 22 minutes 36 seconds East 367.56 feet to an iron rod corner; thence with the John S. Lee property Deed Book 11-Q, Page 444 North 66 degrees 12 minutes 06 seconds East 350.00 feet to an iron rod corner; thence with the Charles J. Carver property Deed Book 11-V, Page 464 South 02 degrees 04 minutes 21 seconds East 1203.82 feet to the center of County road 459; thence with the centerline of County Road 459 as follows; South 59 feet 20 minutes 00 seconds West 59.59 feet South 52 degrees 59 minutes 25 seconds West 135.81 feet and South 67 degrees 44 minutes 36 seconds West 128.22 feet, South 80 degrees 36 minutes 51 seconds West 60.81 feet, and South 89 degrees 15 minutes 01 seconds West 56.78 feet to the beginning, according to that survey by J.M. Norwood, Tennessee Register's Land Surveyor Number 1857, Athens Tennessee 37371 -1642, same dated December 08, 1997 and being Job Number 97,310. ALSO KNOWN AS: 149 County Road 459, Englewood, Tennessee 37329 The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; 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. In addition, the following parties may claim an interest in the above-referenced property: Neila S Hayes; Wells Fargo Financial Bank; Wells Fargo Financial Bank The sale held pursuant to this Notice may be rescinded at the Successor Trustee's option 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. W&A No. 1286 210341 DATED January 24, 2012 INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C., Successor Trustee January 31, 2012 February 7, 2012 February 14, 2012 DSaleNoticeTN-Shellie_bsims_120124_1403 FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Tuesday, February 7th
ATHENS RECYCLING CENTER ROCKY MOUNT ROAD 423-744-2748. Accepting Aluminum cans, newsprint, cardboard, mixed paper, motor oil & auto batteries. Hours: Monday-Friday 8am-5pm, Saturday 8am-1pm. Need more information on recycling Call Keep McMinn Beautiful at 423-745-2086.
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Tuesday, February 7th
SUBSTITUTE TRUSTEE'S SALE Sale at public auction will be on March 6, 2012 at 2:00PM local time, at the front door, Meigs County Courthouse, Decatur, Tennessee pursuant to Deed of Trust executed by Cecil L. Bassham and Melissa A. Bassham, husband and wife, to Affiliated Title Ins., LLC, Trustee, on June 20, 2002 at Book 102, Page 440; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Meigs County Register's Office. Holder: CitiMortgage, Inc. The following real estate located in Meigs County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in the Third Civil District of Meigs County, Tennessee,to wit: Lot Number 1, in the Decatur Hills Subdivision, according to the map of plat of record, as recorded in M.R. Book 9, Page 23, Register's Office of Meigs County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Subject to the Notation on Plat as all field lines must be a minimum of 20' from water lines as shown on plat of Decatur Hills Subdivision, recorded in Miscellaneous Book 9, Pages 23, now Plat Envelope 12, Side A. Street Address: 1017 River Road, Decatur, Tennessee 37322 Parcel Number: 037N-A-008.00 Current Owner(s) of Property: Melissa Ann Garrett Other interested parties: Collins Financial Services, Inc.,c/o David Mendelson, Attorney,Mendelson Law Firm The street address of the above described property is believed to be 1017 River Road, Decatur, Tennessee 37322, but such address is not part 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. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead 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. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, 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 may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 Insertion Dates: February 7, 14, & 21, 2012 File No. 11-025198
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Tuesday, February 7th
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 January 19, 2009, executed by LARRY L SPRAGUE AND WANDA L SPRAGUE, HUSBAND AND WIFE, conveying certain real property therein described to THE TITLE ADVANTAGE as same appears of record in the Register's Office of McMinn County, on February 2, 2009, as Instrument No. 121526, in Book 931, at Page 621; See also, Scrivener's Affidavit at Bk 187, pg 1, recorded 10/1/2010 and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING, LP, who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose ("Notice") was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee's Sale. WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register's Office of McMinn County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on February 21, 2012, 12:00 PM at the McMinn County courthouse door where the foreclosure sales are customarily held At the front steps of the McMinn County Courthouse, Madison Ave., Athens, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in McMinn County, Tennessee, to wit: LOCATED IN THE THIRD CIVIL DISTRICT OF MCMINN COUNTY, TENNESEE: BEGINNGING AT AN IRON PIN IN THE CENTER LINE OF BLUE SPINGS ROAD, SAID IRON PIN ESTIMATED TO BE 1.000 FEET, MORE OR LESS, FROM THE INTERSECTION OF THE CENTER LINE OF BLUE SPRINGS ROAD WITH THE CENTER LINE OF TENNESSEE HIGHWAY 68, SAID POINT IN THE CENTER OF TENNESSEE HIGHWAY 68 BEING 4 OR 5 MILES FROM SWEETWATER; THENCE FROM SAID BEGINNING POINT WITH THE COMMON DIVIDING LINE BETWEEN THIS TRACT AND RICHENSIN TRACT NORTH 89 DEG. 42' WEST FOLLOWING THE FENCE LINE IN PART, 162 FEET TO AN IRON PIN; THENCE WITH THE FENCE LINE DIVIDING THIS TRACT FROM THE GLASPIE HEIRS DUE NORTH 655 FEET TO AN IRON PIN; THENCE LEAVING THE FENCE LINE, SOUTH 89 DEG. 37' EAST 33.0 FEET TO AN IRON PIN IN THE PRIVATE GRAVEL ROAD; THENCE SOUTH 26 DEG. 37' EAST 735 FEET TO AN IRON PIN IN THE CENTER LINE OF BLUE SPINGS ROAD, THE POINT OF BEGINNING, AS SHOWN ON SURVEY OF JOE W. TORBETT, SURVEYOR, DATED NOVEMBER 8, 1971. PARCEL ID: 01002600 PROPERTY ADDRESS: The street address of the property is believed to be 139 COUNTY ROAD 298, SWEETWATER, TN 37874-5137. 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): LARRY L SPRAGUE AND WIFE WANDA L SPRAGUE OTHER INTERESTED PARTIES: N/A 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 use or purpose. RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (805) 553-6392 TS#: 10-0014417 FEI # 1006.151214 01/31, 02/07, 02/14/2012
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Monday, February 6th
NOTICE OF GRAND JURY SESSION It is the duty of your Grand Jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this County. Any person having knowledge or proof that such an offense has been committed may apply to testify before the Grand Jury subject to the provisions of Tennessee Code Annotated Title 40, Chapter 16. The foreman of the Grand Jury is presently. Jeff Cunningham P.O. Box 869 Athens, TN 37303 The Grand Jury will next meet on Tuesday, March 20th, 2012 at 9:00A.M. You may be prosecuted for perjury for any oral or written statement which you make under oath to the Grand Jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question. Rhonda Cooley Circuit Court Clerk Inserted: February 6, 2012
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Monday, February 6th
NOTICE OF FORECLOSURE AND SALE Default having been made in the payment of installments due on the note from WILLIAM RUSSELL SWAFFORD and wife, AUDREY L. SWAFFORD, payable to Athens Federal Community Bank, which note is secured by a certain Deed of Trust referenced herein, dated the 28th day of January, 2008, executed by WILLIAM RUSSELL SWAFFORD and wife, AUDREY L. SWAFFORD, and of record in the Register's Office of McMinn County, Tennessee in Trust Book 902, Pages 459-463, which Deed of Trust has been modified by Amended Deeds of Trust of record in Trust Book 932, Pages 218-219 and Trust Book 940, Pages 640-641, to which reference is hereby made, and the holder of the note in question having declared all debt, principal, interest, and attorney's fees, immediately due and payable, and Notice of the Right to Foreclose, if required, was given to the Borrowers pursuant to T.C.A. § 35-5-117, notice is hereby given that on the 27th day of February, 2012, at 11:00 a.m. at the front door of the Courthouse for McMinn County, Tennessee, at Athens, Tennessee, the undersigned Trustee, on behalf of Athens Federal Community Bank, the holder of the note in question, will sell for cash, to the highest bidder, and in bar of the equity of redemption and the statutory right of redemption, the following described premises: LOCATED in the Fifth Civil District of McMinn County, Tennessee, the same being all of LOTS 8, 9 AND 10, SECTION II, of the SUBURBAN HILLS SUBDIVISION, as shown by said plat of said subdivision of record in Plat Book 3, Pages 6-7, in the Register's Office of McMinn County, Tennessee, to which reference is hereby made for a more particular description of said property. SUBJECT to any applicable governmental zoning ordinances or subdivision regulations in effect thereon. SUBJECT to any setback lines, drainage and/or utility easements, conditions and limitations, if any, all as shown on the plat of record in Plat Book 3, Page 6, and specifically the underground cable crossing a portion of Lot 9 and a 15 foot utility easement. BEING the same property conveyed to William Russell Swafford and Audrey L. Swafford, herein, by cash deed dated the 28th day of January, 2008, of record in Deed Book 18-C, Pages 811-812, in the Register's Office for McMinn County, Tennessee. PROPERTY ADDRESS: 129 County Road 147, Riceville, TN 37370. SUBORDINATE LIEN HOLDERS TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: Not applicable. OTHER INTERESTED PARTIES IN REAL PROPERTY TO WHOM NOTICE OF THIS FORECLOSURE SALE HAS BEEN GIVEN: Not applicable. No warranties are made as to the merchantability of title of said real property, which property is being sold, "where is, as is", subject to all restrictions, easements, governmental zoning or regulations, subdivision ordinances or regulations in effect with respect to the property, unpaid 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. 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 Trustee will make a deed to the purchaser on the day of sale, and the premises will be sold subject to any unpaid taxes, other than those tax encumbrances which are divested by nonjudicial sale, further, the premises will be sold subject to any and all other restrictions, encumbrances and any governmental zoning or regulations and subdivision ordinances or regulations in effect with respect to the property. The sale held pursuant to this Notice may be rescinded at the Trustee's option 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, from time to time, as needed at the sole discretion of the Trustee. This communication is an attempt to collect a debt and any information collected or garnered hereby or as a result hereby may be used for purposes of collecting the debt. This the 1st day of February, 2012. BRIDGET J. WILLHITE, Trustee Insert: February 6, 2012 February 13, 2012 February 20, 2012
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Monday, February 6th
NOTICE OF TRUSTEE'S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated March 17, 2008, and the Deed of Trust of even date securing the same, recorded March 19, 2008, at Book 906, Page 797 in Office of the Register of Deeds for McMinn County, Tennessee, executed by Philip A. Mooney, III and Lisa G Mooney, conveying certain property therein described to Affiliated Title as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for M&T Bank and M&T Bank's successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on February 13, 2012 on or about 12:00 P.M., at the McMinn County Courthouse, Athens, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in McMinn County, Tennessee, and being more particularly described as follows: Lying and being situated in the 6th Civil District of McMinn County, Tennessee, and being Tract Number 1 of the Philip A. Mooney III and wife Lisa Mooney plat, that was prepared by Thomas L. Colbaugh, Tennessee License number 1310 of A.G.T. Surveying Company, 1500 Shiloh Road, Decatur, Tennessee 37322, and recorded on November 29,2007 in Plat Cabinet I, Page 68, in the Register's Office of McMinn County, Tennessee. Subject to restrictions, conditions, easements, setback lines, etc... of record and on Plat recorded in Plat Cabinet I, Page 68, said Register's Office. Subject to any applicable governmental zoning ordinances or subdivision regulations in effect thereon. Subject to restrictions, conditions, easements, setback lines, etc. of record and on Plat of record in Plat Cabinet I, Page 68, said Register's Office. ALSO KNOWN AS: 112 County Road 778, Athens, Tennessee 37303 The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; 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. In addition, the following parties may claim an interest in the above-referenced property: Philip A. Mooney , III; Lisa G Mooney; Mortgage Electronic Registration Systems, Inc., as nominee for M&T Bank; M&T Bank The sale held pursuant to this Notice may be rescinded at the Successor Trustee's option 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. W&A No. 700 204066 DATED January 16, 2012 INSERTION DATES: WILSON & ASSOCIATES, P.L.L.C., Successor Trustee January 23, 2012 January 30, 2012 February 6, 2012 DSaleNoticeTN-Shellie_msherrod_120116_1503 FOR SALE INFORMATION, VISIT WWW.MYFIR.COM and WWW.REALTYTRAC.COM
Source: The Daily Post Athenian
Location: Athens, TN
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Date: Friday, February 3rd
SUBSTITUTE TRUSTEE'S SALE Sale at public auction will be on March 1, 2012 at 12:00 PM local time, at the front door, McMinn County Courthouse, Athens, Tennessee pursuant to Deed of Trust executed by Lesa Ann Brock, unmarried, to Wesley D. Turner, Trustee, on September 23, 2004 at Book Deed of Trust 777, Page 494; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the McMinn County Register's Office. Owner of Debt: Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-R11 The following real estate located in McMinn County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in the County of McMinn, State of Tennessee, and being more particularly described as follows: Tract 1: Lying in and being situated in the Second Civil District of McMinn County. Beginning at a set 1/2" iron pin on the North side of Highway 68, which beginning point is located South 86 degrees 40 minutes 15 seconds East 216.16 feet from the center line intersection of County Road Number 284 and Highway 68; thence with Highway 68 North 50 degrees 43 minutes 56 seconds West 140.63 feet to a point; thence with the curve on Highway 68; North 50 degrees 43 minutes 56 seconds West, said curve having an apex of 1087.78 feet and a radius of 3159.39 feet to a set 1/2" Iron pin on the North side of Highway 68; thence North 00 degrees 32 minutes 04 seconds East 39.83 feet to a point which is a common corner with Moss (Book 13-R, Page 367) and Sewee Creek thence with the meanderings of Sewee Creek. The following courses and distance; South 64 degrees 21 minutes 14 seconds East 102.18 feet. North 87 degrees 48 minutes 16 seconds East 114.62 feet South 84 degrees 53 minutes 30 seconds East 147.34 feet. South 78 degrees 01 minute 08 seconds East 199.06 feet. South 66 degrees 36 minutes 25 seconds East 180.98 feet. South 53 degrees 55 minutes 27 seconds East 26.14 feet South 58 degrees 08 minutes 26 seconds East 107.95 feet. South 74 degrees 39 minutes 09 seconds East 136.75 feet. South 05 degrees 33 minutes 08 seconds West 134.36 feet South 44 degrees 35 minutes 33 seconds East 47.47 feet. South 59 degrees 57 minutes 57 seconds East 126.69. To the intersection of Sewee Creek and a ditch; thence along the ditch South 07 degrees 42 minutes 53 seconds West 114.39 feet to the point of beginning. Tract 2: Lying in and being situated in the Second Civil District of McMinn County beginning at a set 1/2" iron pin on the easterly side op County Road Number 284 which beginning point is located South 11 degrees 23 minutes 14 seconds West 131.86 feet from the center line intersection of County Road Number 284 and Highway 68; thence South 54 degrees 07 minutes 38 seconds East 142.02 feet to a set ½" iron pin; thence along a ditch. The following courses and distances: South 41 degrees 53 minutes 26 seconds west 37.56 feet. South 3 degrees 50 minutes 55 seconds East 35.08 feet. South 24 degrees 52 minutes 06 seconds West 101.91 feet. South 42 degrees 00 minutes 46 seconds West 55.50 feet. South 68 degrees 37 minutes 38 seconds West 36.49 feet. South 60 degrees 38 minutes 16 seconds West 97.87 feet. South 42 degrees 01 minutes 13 seconds West 113.26 feet. South 42 degrees 01 minute 13 seconds West 113.26 feet. South 49 degrees 10 minutes 17 seconds West 59.31 feet. South 25 degrees 32 minutes 31 seconds feet 66.40 feet. South 49 degrees 39 minutes 22 seconds West 107.89 feet. South 23 degrees 23 minutes 31 seconds West 37.39 feet. South 56 degrees 10 minutes 20 seconds West 74.02 feet. South 61 degrees 24 minutes 28 seconds West 52.71 feet. South 03 degrees 06 minutes 06 seconds West 56.57. South 35 degrees 10 minutes 40 seconds West 100.37 feet. South 15 degrees 03 minutes 39 seconds East 41.43 feet. South 76 degrees 33 minutes 38 seconds West 60.22 feet. South 73 degrees 19 minutes 38 seconds West 80.61 feet South 27 degrees 52 minutes 54 seconds West 80.30 feet. South 01 degree 51 minutes 59 seconds West 28.14 feet. South 23 degrees 32 minutes 13 seconds West 68.21 feet South 55 degrees 34 minutes 08 seconds West 48.66 feet South 19 degrees 24 minutes 30 seconds East 71.18 feet South 29 degrees 27 minutes 16 seconds West 53.02 feet. South 46 degrees 01 minute 35 seconds West 86.79 feet to the intersection of said ditch and a fence; thence with the fence South 87 degrees 44 minutes 48 seconds West 47.72 feet to a set ½" iron Pin and a common corner with David Reed ( Book 14-A, Page 514); Thence with the fence North 00 degrees 28 minutes 00 seconds East 287.26 feet to a point; Thence North 02 degrees 35 minutes 00 seconds East 425.93 feet to fence post corner and a set ½ " iron pin at the edge of County Road Number 284 ; thence with the edge of said road North 53 degrees 06 minutes 29 seconds East 193.36 feet to a point; thence North 52 degrees 28 minutes 55 seconds East 416.22 feet to a set ½" iron pin; thence North 55 degrees 17 minutes 01 second East 200.25 feet to a set ½" Iron Pin ; Thence North 54 degrees 02 minutes 02 seconds East 100.00 feet to a set 1/2:" Iron pin ; thence North 80 degrees 11 minutes 11 seconds 11 East 115.06 feet to the point of beginning. THERE IS EXCEPTED approximately 10 acres conveyed to Durex Chemical Works, which deed id recorded in Deed Book 3-A, Page 567. THERE IS EXCEPTED another tract conveyed to Durex Chemical Works which deed is recorded in Deed Book 3-C, Page 114. THERE IS EXCEPTED approximately 3 acres which was conveyed to Sam Ball, which deed is recorded in Deed Book 3-Q, Page 585. THERE IS EXCEPTED a small tract of land which was deeded to Gilbert M. Murray by deed of Virla S. Murray, which deed is dated August 28, 1989, and recorded in Deed Book 11G, Page 481 in the Register's Office of, McMinn County, Tennessee, to which reference is here made. THERE IS EXCEPTED a small tract of land which was deeded to Joan Murray McConkey and JyLann Dexter by Virla S. Murray, which deed is dated August 28, 1989, and recorded in Deed Book 11G, Page 478, in the Register's Office, McMinn County, Tennessee, to which reference is here made. SUBJECT TO the Life Estate of Verla Murray which was reserved in the Deed from her to Rollian Murray. THERE IS EXCEPTED from the above described property, the mineral rights which were conveyed to William D. Gilman, Jr., which deed is recorded in Deed Book RR, Pages 395-397. THERE MAY BE A MANUFACTURED HOME LOCATED UPON THE ABOVE- DESCRIBED PROPERTY WHICH MAY OR MAY NOT BE PERMANENTLY AFFIXED TO SAID PROPERTY. IN THE EVENT IT IS DETERMINED THAT THE MANUFACTURED HOME IS NOT PERMANENTLY AFFIXED TO THE PROPERTY, IT SHALL BE THE RESPONSIBILITY OF THE PURCHASER TO UNDERTAKE ANY AND ALL LEGAL STEPS NECESSARY TO OBTAIN TITLE TO SAID MANUFACTURED HOME. Street Address: 226 County Road 284, Niota, Tennessee 37826 Parcel Number: 006 112 00 Current Owner(s) of Property: Lesa Ann Brock, unmarried Other interested parties: Gault Finanical, LLC The street address of the above described property is believed to be 226 County Road 284, Niota, Tennessee 37826, but such address is not part 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. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead 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. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, 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 may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-013983 Insertion Date: February 3, 10, & 17, 2012
Source: The Daily Post Athenian
Location: Athens, TN