Legal/Public Notices for 08-25-2009

NOTICE OF SUBSTITUTE TRUSTEE'S SALE
Whereas, default having been made in the payment of the debts and obligations secured by that certain Real Estate Deed of Trust for Tennessee executed on June 22, 2006 by Javier Ibarra and Sandra Ibarra to Mary Ruth Tackett, Trustee, as same appears of record in the Register's Office of Cannon County, Tennessee in Book 87, Page 502, recorded June 22, 2006, ("Deed of Trust"); and
Whereas, the beneficial interest of said Deed(s) of Trust is the United States of America, acting by and through the United States Department of Agriculture ("USDA"); and
Whereas, USDA, the current owner and holder of said Deed(s) of Trust appointed Joe Woody as Substitute Trustee by instrument filed for record in the Register's Office of Cannon County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed(s) of Trust; and
Now therefore, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed(s) of Trust by USDA, and Joe Woody as Substitute Trustee, or duly appointed agent, pursuant to the power, duty, and authorization in and conferred by said Deed(s) of Trust, will on Wednesday, September 9, 2009, commencing at 10 A.M. at the south door at the Cannon County Courthouse, Woodbury, Tennessee, proceed to sell at public outcry to the highest bidder either for cash or 10 percent of the high bid price as a non-refundable deposit with balance due within ten (10) days of sale, (and if such balance goes unpaid, USDA will retain the deposit and re-foreclose) the following described property lying and being in the 6th Civil District in Cannon County, Tennessee to wit:
Being all of Lot Number Two (2) of Georgetown Estates, Section 1, of record in Plat Cabinet 2, Slide 2-52, Register's Office for Cannon County, Tennessee, to which plat reference is made for a more complete and accurate description.
Being the same property conveyed by Thomas A. Smith and Mackey Fay Smith to Javier Ibarra and Sandra Ibarra, by deed of record in Deed Book 87, Page 500, in the said Register's Office.
Property Address: 47 Melton Lane Woodbury, TN 37190
Current Owners: Javier Ibarra and Sandra Ibarra
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 setback 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.
Other Interested Parties: Midland Funding Visa
All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed(s) 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.
Joe Woody
Substitute Trustee
390 South Lowe, Suite K
Cookeville, TN 38501
http//www.resales.usda.gov
Publication Dates: August 11, 2009, August 18, 2009, August 25, 2009

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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 October 22, 2002, and the Deed of Trust of even date securing the same, recorded October 29, 2002, at Book 34, Page 437 in Office of the Register of Deeds for Cannon County, Tennessee, executed by Linda Gibson, conveying certain property therein described to Cumberland Title Company as Trustee for Cabin Creek Mortgage, Inc.; 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 September 4, 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:
Being Lot No. 3 of the Michael Simmons Subdivision, and beginning on an iron pin in the West margin of Burt Bergan Road at the NE corner of this Lot and the SE corner of Lot No. 2; thence with the road South 35 degrees 18 minutes 52 seconds East, 207.44 feet to an iron pin at the SE corner of this lot; thence leaving the road South 54 degrees 41 minutes 08 seconds West 321.04 feet to an iron pin at the SW corner of this Lot' thence North 35 degrees 18 minutes 52 seconds West 207.44 feet to an iron pin at the NW corner of this lot and the SW corner of Lot No. 2; thence North 54 degrees 41 minutes 08 seconds East, 321.04 feet back to the point of beginning, and containing 66,594 square feet.
ALSO KNOWN AS: 4446 Burt Burger Road, Woodbury, Tennessee 37190
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: Linda Gibson; Cabin Creek Mortgage, Inc.; Wells Fargo Financial TN
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. 817 168850
DATED August 6, 2009.
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
By: Shellie Wallace
DSaleNoticeTN-Shellie_awoodard_090805_ 903

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

Insertion Dates: August 11, 2009, August 18, 2009, August 25, 2009

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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 November 8, 2002, and the Deed of Trust of even date securing the same, recorded November 14, 2002, at Book 35, Page 178 in Office of the Register of Deeds for Cannon County, Tennessee, executed by Edmon R. Smitty and Earnestine Smitty, conveying certain property therein described to Mary Frances Rudy as Trustee for One Source Mortgage, L. L. C.; 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 September 4, 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:
Situated in Mooretown Community and beginning on an iron pin in the North margin of Petty Gap Road, this point being Larry Moore's Southeast corner therein; running thence about North with Moore's line 337 feet to an iron pin; running thence about East with Moore's line 130 feet to an iron pin; running thence about South with Milfard H. Thomas line 337 feet to an iron pin in the North margin of Petty Gap Road; and running thence about West with said Road margin 130 feet to the point of beginning, containing one (1) acre, more or less.
ALSO KNOWN AS: 302 Petty Gap Road, Woodbury, Tennessee 37190
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: Edmon R. Smitty; Earnestine Smitty
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. 817 168845
DATED August 6, 2009.
WILSON & ASSOCIATES, P.L.L.C.,
Successor Trustee
By: Shellie Wallace
DSaleNoticeTN-Shellie_awoodard_090805_ 808
FOR SALE INFORMATION, VISIT WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
Insertion Dates: August 11, 2009, August 18, 2009, August 25, 2009

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SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on September 15, 2009 at 12:00 PM Central Standard Time, at the north door, Cannon County Courthouse, Woodbury, Tennessee pursuant to Deed of Trust executed by Christopher Roberts and wife, Heather Roberts to Thomas F. Baker, IV, Trustee, on May 30, 2001 at Book 13, Page 283 and conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Cannon County Register's Office.
Owner of Debt: First Horizon Home Loans, a division of First Tennessee Bank, National Association
The following real estate located in Cannon 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 Cannon County, Tennessee, and more particularly described as follows:
Beginning at a 1/2 inch rebar set in the East right-of-way of Hopewell Road, said point being located South 54 degrees 41 minutes 56 seconds West, 67.28 feet from the Southwest corner of Lot #1 of Indian Springs, Phase II and being a new corner with the lands retained by the Grantors and the Northwest corner of the property described herein; thence leaving said right-of-way and creating a new severance line with the lands of the Grantors for five (5) calls as follows: South 77 degrees 17 minutes 55 seconds East, 254.73 feet to a 1/2 inch rebar set; South 08 degrees 04 minutes 58 seconds West 429.69 feet to a 1/2 inch rebar set; South 80 degrees 10 minutes 51 seconds West 191.77 feet to a 1/2 inch rebar set; South 01 degrees 44 minutes 55 seconds East 314.71 feet to a 1/2 inch rebar set; South 73 degrees 39 minutes 02 seconds West 365.98 feet to a 1/2 inch rebar set in the center of a stone wall, said point being the Southwest corner of the property described herein; thence, continuing with a new severance line and the remains of said stone wall for three (3) calls as follows: North 05 degrees 23 minutes 47 seconds East 129.18 feet to a 1/2 inch rebar set; North 06 degrees 39 minutes 44 seconds East 175.17 feet to a 1/2 inch rebar set; thence North 08 degrees 40 minutes 46 seconds East 317.82 feet to a 1/2 inch rebar set in the South right-of-way of Hopewell Road at the beginning of a curve (Radius=125.00 feet; Delta=56 degrees 00 minutes 15 seconds) to the left, said point being a new corner with the lands retained by the Grantors; thence, leaving the lands retained by the Grantors and running with said right-of-way and said curve a chord bearing and distance of North 54 degrees 40 minutes 27 seconds East 117.38 feet to a 1/2 inch rebar set; thence, continuing with said right-of-way North 26 degrees 40 minutes 19 seconds East 193.46 feet to a 1/2 inch rebar set atthe beginning of a curve (Radius=125.00 feet; Delta=28 degrees 01 minutes37 seconds) to the right; thence, continuing with said right-of-way and said curve a chord bearing and distance of North 40 degrees 41 minutes 08 seconds East 60.54 feet to a 1/2 inch rebar set; thence, with said right-of-way North 54 degrees 41 minutes 56 seconds East 48.96 feet to the point of beginning, and being designated as Tract Number 24 on survey of Phase III, Indian Springs.
Located upon the above-described property is a 2001 HORT/SUM Title #62111337 manufactured home. Serial Number H173084GLR which is believed to be permanently affixed to said property.
Street Address: 445 Hopewell Road, Bradyville, TN 37026
Current Owner(s) of Property: Heather Lynn Covey
The street address of the above described property is believed to be 445 Hopewell Road, Bradyville, TN 37026, 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.
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 is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
6055 Primacy Parkway, Suite 410
Memphis, TN 38119
Phone 901-767-5566
Fax 901-767-8890
File No. 08-001762

3t-Aug. 18, 2009, August 25, 2009, September 01, 2009

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SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on September 15, 2009 at 12:00 pm Central Standard Time, at the north door, Cannon County Courthouse, Woodbury, Tennessee pursuant to Deed of Trust executed by Gary Pelham, Unmarried to Ernest B. Williams IV, Trustee, on April 12, 2005 at Book 72, Page 143 and conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Cannon County Register's Office.
Owner of Debt: Wells Fargo Bank, N.A. as Trustee for the MLMI Trust Series 2005-HE2
The following real estate located in Cannon 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 Sixth (6th) Civil District of Cannon County, Tennessee, more particularly described as follows, to wit:
The Eastern one-half (1/2) portion of Lot Number (17), J.H. Trail Subdivision, the Plat of which is recorded in Deed Book 38, Page 397, Register's Office for Cannon County, Tennessee. The portion of Lot Number 17 being conveyed has a frontage of 72-1/2 feet on Trail Street, a rear boundary line of 64-1/2 feet, and a depth of 100 feet.
Street Address: 936 Trail Street, Woodbury, TN 37190
Current Owner(s) of Property: Gary Pelham
The street address of the above described property is believed to be 936 Trail Street, Woodbury, TN 37190, 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.
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 is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.

Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
6055 Primacy Parkway, Suite 410
Memphis, TN 38119
Phone 901-767-5566
Fax 901-767-8890
File No. 09-019424

3t-Aug. 25, 2009, Sept. 1, 2009 and Sept. 8, 2009