Legal/Public Notices for 07-28-2009

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 July 15, 2004, executed by AUGUST WAYNE PENDERGRASS AND MICHELLE L. PENDERGRASS, August Wayne Pendergrass, conveying certain real property therein described to Robert M. Wilson, Jr., as Trustee, as same appears of record in the Register’s Office of Cannon County, Tennessee recorded on July 22, 2004 at Book/Instrument No. 61, Page 445-452; and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP 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 Cannon 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 August 6, 2009 at 02:00 PM at the CANNON County Courthouse door where the foreclosure sales are customarily held at the CANNON Courthouse, located in Woodbury, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Cannon County, Tennessee, to wit:
Being all of lot No. 6 of Indian Springs, Phase V, according to survey and plat of same appearing of record in plat cabinet 2, slide 2-38b, Register`s Office of Cannon County, Tennessee, to which plat reference is hereby made for a more complete description.
Being the same property conveyed to August Wayne Pendergrass and wife, Michelle L. Pendergrass, by Deed of Record in Book 61, page 443, said Register`s Office.
The conveyance is subject to all easements, restrictive covenants and conditions, and matter of record, including all items set out on any applicable plat of record.
PROPERTY ADDRESS: The street address of the property is believed to be 165 Gilley Hill Road, Bradyville, TN 37026.
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): August Wayne Pendergrass, Michelle L. Pendergrass
OTHER INTERESTED PARTIES: Ascend Federal Credit Union, Beneficial Tennessee Inc.
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, 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
3t-July 14, 21, 28

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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 April 13, 2007, and the Deed of Trust of even date securing the same, recorded April 23, 2007, at Book 97, Page 623 in Office of the Register of Deeds for Cannon County, Tennessee, executed by Tina Windrow a/k/a Tina Hemmings and Jeff Windrow, conveying certain property therein described to Joseph B. Pitt, Jr. as Trustee for Mortgage Electronic Registration Systems, Inc., as a separate corporation that is acting solely as a nominee for Quicken Loans Inc. and Quicken Loans Inc.’s successors and assigns; and the undersigned, Shellie Wallace of 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 Shellie Wallace 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 August 21, 2009 on or about 3:30 P.M., at the Cannon County Courthouse, Woodbury, 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 Cannon County, Tennessee, and being more particularly described as follows:
Tax ID Number: 071 116.00
Land situated in the county of Cannon in the State ofTn
Being all of Lot No. 5 on the plan of Peartree Estates, according to plat of recordin plat cabinet 1, slide 156-a, of the Register’s Office of Cannon County, Tennnessee, to which plat reference is hereby made for more complete details of location and description of said lot.
Commonly known as: 1392 Myrtle Road, Bradyville, Tn 37026
Also known as: 1392 Myrtle Road, Bradyville, Tennessee 37026
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: Tina Windrow a/k/a Tina Hemmings; Jeff Windrow
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. 726 143261
Dated July 22, 2009.
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
By: Shellie Wallace
DSaleNoticeTN-Shellie_kthomas_090722_ 859

FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM

Insertion Dates: July 28, 2009, August 4, 2009, August 11, 2009

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NOTICE OF FORECLOSURE AND SUBSTITUTE TRUSTEE’S SALE
Default having been made in the terms and conditions of payments, pursuant to a certain Deed of Trust executed by Duane Dzierzynski and Michelle Dzierzynski, husband and wife, to Elizabeth Erlandson, Trustee, dated the 24th day of May, 2002, and being of record in Book 29, page 72, Register’s Office for Cannon County, Tennessee, referred to herein as the deed of trust, which conveyed certain real property, appurtenances, estate, title and interest therein in trust to secure the indebtedness described therein, which indebtedness is now due and unpaid and has been declared in default by the lawful owner thereof, Household Financial Center, Inc. Appointment of Substitute Trustee having been duly executed by the holder of the note and beneficiary of said Deed of Trust, and appointing William Timothy Hill as Substitute Trustee.
Now, therefore, I, William Timothy Hill, Trustee, pursuant to the said Deed of Trust, having been requested by the owner and holder of said indebtedness so to do, by virtue of the authority and power vested in me by said deed of trust and appointing of Substitute Trustee will on the 18th day of August, 2009, at 12:00 noon, on the front door of the Cannon County Courthouse, Woodbury, Cannon County, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured, if the holder is the successful purchaser) the following described property located in Cannon County, Tennessee, to wit:
Beginning on an iron pin in north Margin of the Hollow Springs-Midway Public Road, this point being 281.8 feet west of its intersection with the west margin of Tennessee State Highway No. 53; thence running in 05 deg 03 east 452.5 feet to an iron pin; thence N 84 deg. 14 west 231.5 feet to an iron pin; thence S. 05 deg. 33’ West 462.2 feet to an iron pin the north margin of said Hollow Springs Midway public Road; thence S 84 deg. 12’ East 236 feet with said road margin to the point of beginning, and containing 2.5 acres more or less in accordance with a survey and plat prepared on August 27, 1977 by Earl W. Smith, Tennessee Registered Land Surveyor #466, and being Tract No 7 of the Plat recorded in the Register’s Office of Cannon County, Tennessee, in plat Book 1, page 122-123.
BEING the same property conveyed to Duane Dzierzynksi and Michelle Dzierzynski, husband and wife by deed of record in Deed Book 8, page 101, Register’s Office for Cannon County, Tennessee.
This is improved property known as 10497 Hollow Spring Road, Bradyville, TN.
If there is any discrepancy with the street address, the legal description will control.
The sale is subject to liens, easements, encumbrances, property tax and other matters, if any, which are prior in right to the lien of the deed of trust subject of this foreclosure and declared to be in default by the lawful holder thereof.
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 is an attempt to collect a debt and any information obtained will be used for that purpose.
Other interested parties: Bank of the South
This 23rd day of July, 2009.

William Timothy Hill, Substitute Trustee

Insertion Dates: 7/28/09 - 8/4/09 - 8/11/09