Public Notices For 08-29-2012

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on October 4, 2012 at 10:00 AM local time, at the north door, Cannon County Courthouse, Woodbury, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Franklin E. Shiney, Jr., an unmarried person, to Emmett James House and Bill R. McLaughlin, Trustee, on May 31, 2002 at Record Book 29, Page 197; all of record in the Cannon County Register's Office.
Owner of Debt: EverBank
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 being more particularly described in deed of record in Record Book 29, Page 197; in the Register's Office of Cannon County, Tennessee
Parcel Number: 052-100.00
Current Owner(s) of Property: Franklin E. Shiney, Jr., an unmarried person
Other interested parties: Capital One Bank (USA), N.A. c/o Nathan & Nathan, P.C.
The street address of the above described property is believed to be 291 Rivendell Road, Woodbury, Tennessee 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 referenced 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.
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 This sale may be rescinded at any time.
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. 12-030754
3t-Aug. 15, 22, 29

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NOTICE OF FORECLOSURE
WHEREAS, by Deed of Trust dated August 10, 2007, of record in Record Book 101, page 830, Register's Office of Cannon County, Tennessee, MIKE LEWIS, unmarried, did convey unto T. Mike Estes, as Trustee, a certain tract of real estate hereinafter described, to secure a certain indebtedness set out in said Deed of Trust; and
Whereas, Farm Credit Services of Mid-America, FLCA, is the owner and holder of the note secured by said Deed of Trust hereinabove referred to; and
Whereas, John T. Bobo was appointed Substitute Trustee by Appointment of Substitute Trustee of record in Record Book 138, page 227, Register's Office of Cannon County, Tennessee; and
Whereas, the said real estate described in said Deed of Trust is as follows:
Located, lying and being in the Fourth (4th) Civil District of Cannon County, Tennessee and being described more particularly to wit:
Bounded on the North by the lands of Pedigo; bounded on the south by the lands of Sherrell; bounded on the East by the Cove Hill Public Road and bounded on the West by the lands of Rains and the lands of Sherrell, containing 86 acres, more or less.
For source of title to said realty reference is hereby made to a certain Warranty Deed from J. Douglas Timmons to Mike Lewis dated August 1, 2007 and recorded on August 10, 2007 in Record Book 101, page 828, Register's Office, Cannon County, Tennessee.
Included in this description but expressly excluded from this conveyance is the property conveyed by Amy Lynn Finley to David Taylor and wife, Bonnie Taylor on December 23, 2003 and recorded in Record Book 53, Page 103, Register's Office, Cannon  County, Tennessee; being described as follows:
Bounded on the Northby other Amy Lynn Finley realty, and the Cove Hill Public Road; bounded on the South by other David and Bonnie Taylor realty; bounded on the East by the Jeremy and Irene Pugh realty, and the Cove Hill Public Road; and bounded on the West by the Leon Newman realty, containing 58 acres, more or less, by estimation.
This property is subject to and includes any and all lawful easements, setback lines, restrictions, etc. of record and applying to the within described property and to the zoning regulations of the appropriate governmental body.
Whereas, said Deed of Trust was made to secure the payment of a note therein set out and contained the power to sell in the case of default in the payment of said note and interest at maturity; and
Whereas, the maker of said note has defaulted in the payment thereof, and the owner and holder of said note has declared the entire amount due and payable and has requested the undersigned to foreclose said Deed of Trust according to its terms in order to collect said note.
Now, therefore, I, the undersigned John T. Bobo, Substitute Trustee will, in accordance with the terms set out in the Deed of Trust above referred to, on  September 19, 2012, at 11:00 A.M., at the door of the Cannon County Courthouse, offer for sale and sell the above-described real estate at public auction to the highest and best bidder for cash in bar of equity of redemption and free from homestead and dower, all in accordance with the provisions of said Deed of Trust and the laws of Tennessee controlling such sales, subject, however, to all outstanding real estate taxes; any applicable easements and restrictions; and prior liens or mortgages, if any
Other interested parties:  n/a
Said property may be sold as a whole or by individual lots or tracts or groups of lots or tracts at the discretion of the Substitute Trustee.
The right is reserved to adjourn the day of the sale to another day and time certain without further publication and in accordance with law upon announcement of said adjournment on the day and time and place of sale set forth above.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof.  The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust.  Said Deed of Trust is made a part hereof as if copied verbatim herein.
This sale of the Property shall be subject to any and all taxes, easements, restrictions, building lines, and assessments (plus penalty and interest, if any), and any redemptive rights of any governmental agency, State or Federal (including redemptive rights of any taxing authority by reason of any tax liens), plus any and all other matters and encumbrances superior in right to the lien of the Deed of Trust, as well as any priority created by fixture filing, and any applicable City and/or County zoning ordinances as now affect or as may later affect the parcel.
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 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 address of the property is unknown, 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.  This property is further identified as being Map 70, Parcel 22.00, on the records of the Tax Assessor of Cannon County, Tennessee.
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
This 19th day of August, 2012.

John T. Bobo, Substitute Trustee
BOBO, HUNT, WHITE & NANCE
111 W. Side Square
Shelbyville, Tennessee 37160
(931) 684-3327

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ATTORNEYS FOR SUBSTITUTE TRUSTEE

To be published August 20, August 27, and September 3, 2012

NOTICE OF SALE UNDER DEED OF TRUST
WHEREAS, by Deed of Trust dated June 21, 2010,  in Record Book 126, Page 902, Register's Office, Cannon County, Tennessee, JAMES M. WILSON,  et al, conveyed in trust to James E. Elder, Trustee, the property hereinafter described to secure the payment of one promissory note dated June 21, 2010, and payable to People's Bank and Trust Company of Pickett County, the note referred to in said Deed of Trust, and
Whereas, default has occurred according to the terms and conditions of the note and the holder of said note has declared the entire balance due and payable and has instructed the Trustee to foreclose under said Deed of Trust, and
Whereas, said Deed of Trust waives the right of equity of redemption, homestead, dower and all other exemptions of every kind.
Now, therefore, by virtue of the authority vested in me as Trustee under said instrument, I will on  October 5, 2012, at 3:00 P.M., prevailing time, offer for sale and sell at the  site of real property described below located at 2103 Parker Road, Morrison, Tennessee, to the highest, last and best bidder for cash, the real estate conveyed in said Deed of Trust, and described as follows:
Lying and being in the Fifth Civil District of Cannon County, Tennessee, and being more particularly described as follows:
Being all of Tracts No. One (1), Two (2), Three (3), Four (4), Five (5), Six (6) of Melvin Miles, as shown of record in Plat Cabinet 2, Slide 2-162, Register's Office, Cannon County, Tennessee, to which reference is here made for a more complete and accurate description of said tracts.
Grantors and Grantees, their heirs and assigns, agree that the following restrictive covenants shall be binding upon the property and shall inure to the benefit of the parties, their heirs and assigns, and shall be deemed to be perpetual and covenants running with the land, to-wit:
1. No shingle or double wide mobile homes or modular homes may be placed on said premises.
2.  All homes are required to be stick built on site.
This property is subject to and includes any and all lawful easements, setback lines, restrictions, etc. of record and applying to the within described property and to the zoning regulations of the appropriate governmental body.
Previous and last conveyance being a Warranty Deed from Melvin H. Miles to Steven R. Blanton and wife Jacqueline Blanton, by deed dated May 22, 2006, and recorded in the Register's Office for Cannon County, Tennessee, in Record Book 86, Page 450.
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.
Said sale shall be subject to any restrictions, reservations, conditions and liens of record applicable to said property, and is further subject to any County real property taxes against said property.

Interested Parties James Michael Wilson
285 Sissons Lane
Bradyville, TN  37026
            
Steven R. Blanton
Jacqueline Blanton
244 Flatwoods Lane
Bradyville, TN  37026

Farm Credit Services
1601 UPS Drive
Louisville, KY  40223

People's Bank and Trust Company
of Pickett COounty
19 Courthouse Square, Byrdstown, TN 38549
Holder of the Indebtedness

This  16th day of August, 2012.

James Elder, Trustee
                
By: Phillips M. Smalling                        
Attorney at Law
P.O. Box 340
Byrdstown, TN  38549
931-864-6208 #012251
3t-Aug. 29, Sept. 5, 12

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NOTICE TO CREDITORS
Estate of
MARY GERTRUDE VANCE
Notice is hereby given that on the 23rd day of July, 2012, letters testamentary in respect of the estate of Mary Gertrude Vance, deceased, were issued to the undersigned by the Chancery Court of Cannon County, Tennessee. All persons both resident and non-residents, having claims matured and unmatured against said estate are required to file same with the clerk of the above named court within four months of the first publication of this notice, otherwise their claims will be forever barred.
This 23rd day of July, 2012.
Lee Wayne Nichols, Executor of the estate of Mary Gertrude Vance, deceased.
William H. Bryson, Clerk &Master
Susan Melton, Attorney
2t-Aug. 22, 29-P