Page 11-B CHESTER COUNTY INDEPENDENT • Thursday, October 20, 2011
Public Notices 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 21, 2006, executed by MELONY PHELPS, STEVEN PHELPS, conveying certain real property therein described to CARTER STANFILL AND KIRK PLLC, as Trustee, as same appears of record in the Register’s Office of Chester County, Tennessee recorded December 29, 2006, in Deed Book 294, Page 478-491; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to US BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A. AS SUCCESSOR TO LASALLE BANK, N.A. AS TRUSTEE FOR THE HOLDERS OF THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-FF2 who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5117, was given in accordance with Tennessee law; and WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register’s Office of Chester County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin Suarez Serrano TN LLC, 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 October 27, 2011 at 11:00 AM at the Main Entrance steps of the Chester County Courthouse , located in Henderson, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Chester County, Tennessee, to wit: TRACT ONE: BEGINNING AT A STAKE AT THE SOUTHEAST CORNER OF THE WILLIAM DANCY LOT AND THE WEST EDGE OF A 20 FOOT ROAD EASEMENT; RUNS THENCE WITH THE WEST MARGAIN OF SAID EASEMENT S 15 DEGREES 02 MINUTES E 87 FEET TO A STAKE AT THE NORTHEASET CORNER OF THE W.C. JONES LOT; THENCE WITH THE NORTH LINE OF JONES WEST 100 FEET TO AN IRON STAKE, BEING THE NORTHWEST CORNER OF JONES; THENCE N 15 DEGREES 02 MINUTES W 70 FEET TO A STAKE; THENCE WITH THE SOUTH LINE OF THE WILLIAM DANCY LOT N 84 DEGREES 15 MINUTES E 100 FEET TO THE POINT OF BEGINNING, CONTAINING 0.17 ACRE, MORE OR LESS, AS SURVEYED BY RICHARD CLARENCE DODD, ON MARCH 23, 1990. THIS BEING THE SAME PROPERTY CONVEYED TO STEVEN PHELPS AND WIFE, MELONEE PHELPS BY DEED DATED MAY 23, 2003, AND OF RECORD IN RECORD BOOK 234, PAGE 69, IN THE REGISTER`S OFFICE OF CHESTER COUNTY, TENNESSEE. TRACT TWO: BEGINNING AT A STAKE AT THE SOUTHEAST CORNER OF THIS TRACT OF LAND IN THE NORTHERN SEVERANCE LINE OF ETHEL TUCKER IN THE VICINITY OF THE FIELD ROAD HERINAFTER MENTIONED: RUNS THENCE NORTH WITH THE SEVERANCE LINE OF TUCKER 60 FEET TO A STAKE; RUNS THENCE WEST WITH THE SEVERANCE LINE OF TUCKER 100 FEET TO A STAKE; RUNS THENCE SOUTH WITH THE SEVERANCE LINE OF TUCKER 50 FEET TO A STAKE; RUN THENCE EAST 100 FEET TO THE PLACE OF BEGINNING. INCLUDED IN THIS CONVEYANCE IS A RIGHT OF WAY FOR ROAD PURPOSES 20 FEET IN WIDTH OVER LAND OWNED BY THE SAID ETHEL TUCKER FROM THE EASTERN PORTION OF HER LAND TO THE SOUTHEAST CORNER OF THE TRACT OF LAND HEREINABOVE DESCRIBED AND CONVEYED HEREUNDER, THE SAME TO BE 20 FEET IN WIDTH AND WHICH THE SAID ETHEL TUCKER COVENANTS AND AGREES THAT SHE WILL HAVE GRADED AND OPENED UP TO PROVIDE ADEQUATE MEANS OF INGRESS AND EGRESS TO THE LOT ABOVE DESCRIBED AND CONVEYED HEREUNDER. THIS BEING THE SAME PROPERTY CONVEYED TO STEVEN PHELPS AND WIFE, MELONEE PHELPS BY DEED DATED MAY 23, 2003, AND OF RECORD IN RECORD BOOK 234, PAGE 69, IN THE REGISTER`S OFFICE OF CHESTER COUNTY, TENNESSEE. PARCEL ID: 033-012.03 PROPERTY ADDRESS: The street address of the property is believed to be 1145 TUCKER COVE, HENDERSON, TN 38340. 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): MELONY PHELPS, STEVEN PHELPS OTHER INTERESTED PARTIES: PORTFOLIO RECOVERY ASSOCIATES, LLC ASSIGNEE OF HSBC BANK NEVADA, 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. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin Suarez Serrano TN
LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846
NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF REAL ESTATE WHEREAS, on April 22, 2005, BRENDA SMITH (DECEASED), by Deed of Trust of record in Record Book 267, at Page 398, in the Register’s Office of Chester County, Tennessee, conveyed the following described property in trust to secure the payment of a Promissory Note in the original principal amount of Sixty Three Thousand Six Hundred Nine and 70/100 Dollars ($63,609.70), payable to Farm Credit Services of Mid-America, FLCA; and WHEREAS, the undersigned was appointed Substitute Trustee by FARM CREDIT SERVICES OF MID-AMERICA, FLCA, the legal owner and holder of the said Note, by appointment executed on September 22, 2011, and recorded in Record Book 354, at Page 277, in the Register’s Office of Chester County, Tennessee; and WHEREAS, default has been made in the payment of said indebtedness and other provisions of the Deed of Trust have been violated, and FARM CREDIT SERVICES OF MIDAMERICA, FLCA, the lawful owner and holder of the said indebtedness, has declared the entire amount due and payable as provided by the Deed of Trust in accordance with the terms thereof, and instructed the undersigned to foreclose. NOW, THEREFORE, the public is hereby notified that the undersigned Substitute Trustee will sell the hereinafter described real estate at public auction, to the highest and best bidder, for cash in hand paid, at the south door of the Courthouse at Henderson, Chester County, Tennessee, on Monday, October 31, 2011, at 10:00 o’clock a.m., said property to be sold in bar of the equity of redemption and subject to the lien of all special assessments against it. If the highest bidder cannot pay the bid within a reasonable time to be announced at the sale, the next highest bidder will be deemed the successful bidder. Lying, and being situate in the 3rd Civil District of Chester County, Tennessee, bounded as described in a Quitclaim Deed from David E. Boggs and wife, Amanda G. Boggs, to Brenda Smith, dated March 28, 2005, and of record in Deed Book 266, page 40, in the Register’s Office of Chester County, Tennessee. Brenda Smith died on December 14, 2010, apparently intestate as no estate opened and no will presented for probate, and if such is the case then the property owned by her would, under the laws of descent and distribution, pass to and become the property of her heirs at law. Map 010, Parcel 031.03 The street address of the above described property is believed to be 105 Max Lott Lane, Henderson, Tennessee 38340, but such address is not part of the legal description and in the event of any discrepancy, the legal description herein shall control. 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. Interested parties: None. Title to said property is believed to be good, but the undersigned will sell as Substitute Trustee only and will assign to the purchaser all covenants of warranty contained in said Deed of Trust. The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. Said sale may be adjourned to another time or may be postponed to another date by public announcement at the appointed time of sale without readvertisement. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. WITNESS my signature, this the 6th day of October, 2011. KIZER, BONDS, HUGHES & BOWEN, LLC BY: STEPHEN L. HUGHES Substitute Trustee P. O. Box 320 Milan, Tennessee 38358 (731) 686-1198
NOTICE OF TRUSTEE’S SALE WHEREAS, default having been made in the payment of the debts and obligations secured to be paid by that certain Deed of Trust executed on August 20, 1999, by David W. Wadlington and Carla A. Wadlington to TIM, INC, Trustee, as same appears of record in the Register’s Office of Chester County, Tennessee, under Book No. 176, Page 767, (“Deed of Trust”); and WHEREAS, the beneficial interest of said Deed of
Trust was last transferred and assigned to BANK OF AMERICA, N.A.; and WHEREAS, BANK OF AMERICA, N.A., the current owner and holder of said Deed of Trust, (the “Owner and Holder”), appointed the undersigned, Nationwide Trustee Services, Inc., as Substitute Trustee by instrument filed for record in the Register’s Office of Chester County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and WHEREAS, pursuant to Tenn. Code Ann. § 35-5-117 (i), not less than sixty (60) days prior to the first publication required by § 35-5-101, the notice of the right to foreclose was properly sent, if so required; 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 the undersigned, Nationwide Trustee Services, Inc., Substitute Trustee, or its duly appointed attorneys or agents, by virtue of the power and authority vested in it, will on Thursday, October 27, 2011, commencing at 12:00 PM at the Main entrance of the Chester County Courthouse, Henderson, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Chester County, Tennessee, to wit: Beginning at an iron pin on the east margin of North Avenue (19 feet at right angles from centerline) at the southwest corner of David Woods as recorded in Deed Book 124, page 482, in the Register’s Office of Chester County, Tennessee; thence with Woods south line north 83 degrees 43 minutes east a distance of 198.41 feet to an iron pin at the northwest corner of Linda Patterson; thence with Patterson’s west line south 8 degrees 23 minutes east a distance of 87.58 feet to an iron pin at the northeast corner of James Whittle; thence with Whittle’s north line south 80 degrees 22 minutes west a distance of 183.34 feet to an iron pin on the east margin of north Avenue; thence with the east margin of North Avenue north 17 degrees 00 minutes west a distance of 100 feet to the point beginning. Containing 0.41 acre, surveyed by David Hall Land Surveying Company, R.L.S. # 943, on May 2, 1997. Being the same property conveyed to David Wadlington and wife, Carla A. Wadlington by deed of record in Book 176 page 765 in the Register’s Office of Chester County, Tennessee. PROPERTY ADDRESS: 620 North Avenue, Henderson, TN 38340 CURRENT OWNER(S): David W. Wadlington and Carla A. Wadlington The sale of the above-described property shall be subject to all matters shown on any recorded plan; 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 any matter that an accurate survey of the premises might disclose. SUBORDINATE LIENHOLDERS: London Financial Group, Discover Bank, Target National Bank/Target Visa OTHER INTERESTED PARTIES: N/A 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 IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Nationwide Trustee Services, Inc., Substitute Trustee c/o RMW Nationwide Trustee Services, Inc. 1587 Northeast Expressway Atlanta, GA 30329 (770) 234-9181 File No.: 432.1002324TN Web Site: www.jflegal.com
FORECLOSURE SALE Default having been made by failure to comply with the terms and conditions of a certain Deed of Trust dated January 16, 1998, executed by Shannon M. Rapoza and Jeffrey A. McKee, recorded in Book 159, Page 136, Register’s Office for Chester County, Tennessee, and wherein the said Shannon M. Rapoza and Jeffrey A. McKee conveyed the property therein described to Commonwealth Insurance, Trustee, to secure the indebtedness therein described, and the entire indebtedness having been declared due and payable as provided in said Deed of Trust and note, and payment not having been made as demanded; and the undersigned, Joel E. Jordan, of 3326 Aspen Grove Drive #604, Franklin, Tennessee 37067, having been appointed as Substitute Trustee in the place and stead of Commonwealth Insurance, Trustee, said appointment being set forth in the Register’s Office for Chester County, Tennessee, notice is hereby given that I, Joel E. Jordan, Substitute Trustee, having been requested so to do by the lawful owner of said indebtedness, will on Friday, October 28, 2011, at 12:00 Noon at the Front door of the Chester County Courthouse, Henderson, Tennessee, sell at public outcry to the highest and best bidder for cash, free from equity of redemption, homestead and dower, and all other exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following described real estate in Chester County, Tennessee: BEGINNING at a cotton picker
spindle in the center of Hughes Road, being the southeast corner of Troy Wilson’s property, runs thence with the center of said road these calls, south 34° west 75 feet, south 50° west 50 feet, south 60° west 50 feet, south 72° west 70 feet, south 84° west 63 feet, north 80° 30’ west, 65 feet and north 70° west 25 feet to a cotton picker spindle, thence north 6° 40’ east 223.91 feet to an iron pin in the south boundary line of Troy Wilson’s property, thence south 73° 80’ east 385.1 feet with said south boundary line of Troy Wilson’s property to the point of beginning, containing 1.21 acres, as surveyed by L.W. Yates, R.L.S. No. 486, on November 12, 1997. Being the same property conveyed to Jeffrey A. McKee and Shannon M. Rapoza, by Warranty Deed from Wesley Jenkins dated January 16, 1998 and recorded in Record Book 159, Page 134, Register’s Office of Chester County, Tennessee. Included in this conveyance is a 1998 Fleetwood mobile home, Serial #MSFLW25AB010130C12. This is improved property known as Hughes Road, Henderson, Tennessee 38340. The 2010 taxes are currently due and payable. The 2009 and 2008 taxes are currently past due and delinquent. Said sale is subject to any and all unpaid taxes and any other prior claims, liens, easements, set back lines and restrictions. 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 BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER. THE NOTICE OF RIGHT TO FORECLOSE HAS BEEN SENT AS REQUIRED BY T.C.A. §35-5-117. JOEL E. JORDAN Substitute Trustee STELTEMEIER & WESTBROOK, PLLC 3326 Aspen Grove Drive, #604 Franklin, Tennessee 37067
Notice to Creditors As Required by Chapter No. 426 Public Acts of Tennessee 1997 TCA § 30-306 Estate of Brodie Jack Johnson Notice is given that on of the 3rd day of October, 2011, Letters Testamentary (or of Administration as the case may be) in respect to the estate of Brodie Jack Johnson,, who died September 15, 2011, were issued to the undersigned by the by the Chancery Court of Chester County, Tennessee. All persons, resident and nonresident, having claims, matured or unmatured, against the estate are required to file the same with the clerk and of the above named court within the earlier of four (4) months from the date of the first publication (or posting, as the case may be) of this notice, or twelve (12) months from the decedent’s date of
death, otherwise their claims will be forever barred. This the 3rd day of October, 2011 Dennis Jack Johnson, Executor Attorney for Estate: Larry McKenzie Cornelia Hall, Clerk and Master
Notice to Creditors As Required by Chapter No. 426 Public Acts of Tennessee 1997 TCA § 30-306 Estate of Marvin E. Weaver Notice is given that on of the 30th day of September, 2011, Letters Testamentary (or of Administration as the case may be) in respect to the estate of Marvin E. Weaver, who
died September 15, 2011, were issued to the undersigned by the by the Chancery Court of Chester County, Tennessee. All persons, resident and nonresident, having claims, matured or unmatured, against the estate are required to file the same with the clerk and of the above named court within the earlier of four (4) months from the date of the first publication (or posting, as the case may be) of this notice, or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred. This the 30th day of September, 2011 Ruth J. Weaver, Personal Representative Attorney for Estate: Larry McKenzie Cornelia Hall, Clerk and Master