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Public Notices 12/12/13

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PUBLICATION

IN THE CIRCUIT COURT OF SUMNER COUNTY, AT GALLATIN, TENNESSEE

OFFICE OF THE CIRCUIT COURT CLERK

CHERYL ANN CASH

PETITIONER 

VS 83CC1-2013CV-1308

JOSHUA BRYAN SMITH

DEFENDANT

It appearing from the bill filed in this cause, which is sworn to, that the defendant's whereabouts are unknown, however his last known address was a Homeless person in Nashville, Tennessee, therefore he cannot be served with the ordinary process of law to bring him before the Court.  it is therefore Ordered that the defendant Joshua Bryan Smith enter his appearance herein on or before the 10th of January, 2014 and answer plaintiff's bill or the same will be taken as confessed as to him and the matter will be set for hearing exparte. A copy of this Order will be published for four consecutive weeks in The Gallatin Newspaper, a newspaper published in Gallatin, Sumner County, Tennessee.

MAHAILIAH HUGHES-CLERK

CURTIS M. LINCOLN

ATTORNEY FOR PLAINTIFF

PUBLICATION TO BEGIN RUNNING ON THE 21TH OF NOVEMBER, 2013

11/21/2013 11/28/2013 12/5/2013 12/12/2013

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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 May 1, 2009, executed by RICHARD W. CARTER, TERRIE CARTER, BETTY ANN GAMMONS, conveying certain real property therein described to FRANK ALVSTAD, as Trustee, as same appears of record in the Register's Office of Sumner County, Tennessee recorded June 26, 2009, in Deed Book 3150, Page 681-692; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Nationstar Mortgage LLC who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register's Office of Sumner County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, 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 January 16, 2014 at 1:00 PM at the SUMNER County Courthouse door where the foreclosure sales are customarily held at the SUMNER Courthouse, located in Gallatin 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 Sumner County, Tennessee, to wit: BOOK 15, PAGE 77, REGISTERS OFFICE OF SUMNER COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO RICHARD W. CARTER, MARRIED, A ONE HALF (1/2) UNDIVIDED INTEREST BY QUITCLAIM DEED FROM BELLY ANN GAMMONS, UNMARRIED OF RECORD IN RECORD BOOK 3104, PAGE 738 ON MARCH 13, 2009 AND FILED FOR RECORD IN APRIL 7, 2009, REGISTER`S OFFICE FOR SUMNER COUNTY, TENNESSEE. ALSO BEING THE SAME PROPERTY CONVEYED TO BILLY GARRETT GAMMONS AND WIFE, BETTER ANN GAMMONS, AS TENANTS BY THE ENTIRETY BY WARRANTY DEED FROM FRANK STASEK, SR. AND FRANK STASEK, JR. OF RECORD IN RECORD BOOK 468, PAGE 425 ON DECEMBER 8, 1994 AND FILED FOR RECORD ON DECEMBER 8, 1994, REGISTER`S OFFICE FOR SUMNER COUNTY, TENNESSEE. THE SAID BILLY GARRETT GAMMONS IS DECEASED. ATTACHED HERETO AND CONVEYED HERE WITH IS A MOBILE HOME BEARING THE SERIAL NUMBER DSDAL54168A/DSDAL54168B. PROPERTY ADDRESS: The street address of the property is believed to be 1101 BARRY LN, GALLATIN, TN 37066. 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): RICHARD W. CARTER, TERRIE CARTER, BETTY ANN GAMMONS OTHER INTERESTED PARTIES: CitiBank, CMH Homes, Inc., GE Capital Retail Bank 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 TN, PLLC, 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  Ad #64189: 2013-12-05  2013-12-12, 2013-12-19 

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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 February 25, 2010, executed by REGINA D. NELSON, RICHARD SCOTT NELSON, conveying certain real property therein described to RICHARD A. NORTHCUTT, as Trustee, as same appears of record in the Register's Office of Sumner County, Tennessee recorded March 1, 2010, in Deed Book 3247, Page 110-126; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Nationstar Mortgage LLC who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register's Office of Sumner County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, 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 January 2, 2014 at 11:00 AM at the courthouse door of the Sumner County Courthouse , located in Gallatin, 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 Sumner County, Tennessee, to wit: BEING LOT NO. 49, ON THE PLAN OF IRISH OAKS SUBDIVISION, SECTION 5, OF RECORD IN PLAT BOOK 22, PAGE 347, REGISTER`S OFFICE FOR SUMNER COUNTY, TN, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. BEING THE SAME PROPERTY CONVEYED TO THE GRANTORS BY DEED OF RECORD IN RECORD BOOK 3247, PAGE 108, SAID REGISTER`S OFFICE. Parcel ID: 020G-C-013.00 PROPERTY ADDRESS: The street address of the property is believed to be 123 MESA DRIVE, PORTLAND, TN 37148. 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): REGINA D. NELSON, RICHARD SCOTT NELSON OTHER INTERESTED PARTIES: 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 TN, PLLC, 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  Ad #63581: 2013-12-05  2013-12-12, 2013-12-19 

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NOTICE OF FORECLOSURE

 WHEREAS, MARSHALL BENHARD AND WIFE, KATHRYN ALEXANDER by a Deed of Trust dated the 10th  day of October, 2011, and of record in Record Book 3483, page 192 in the Register's Office of Sumner County, Tennessee, conveyed to ROBERT J. AMES Trustee, an interest in and to the hereinafter described property to secure the payment of a Promissory Note described in said Deed of Trust, which Note is presently held and owned by CAROLYN B. FULLER; and

 WHEREAS, by Appointment of Substitute Trustee dated November 20, 2013 and of record IN Record Book 3876, page 54, Register’s Office of Sumner County, Tennessee, Philip Kelly was appointed as Substitute Trustee; and

 WHEREAS, demand has been made for the payment of the aforesaid Note secured by the above-described Deed of Trust which Note is in default; and

 WHEREAS, CAROLYN B. FULLER, the owner and holder of said note has demanded that the property be advertised and sold in satisfaction of said indebtedness including the costs of foreclosure, in accordance with the terms of said Note and of the Deed of Trust; and 

 NOW, THEREFORE, notice is hereby given that I, PHILIP KELLY, Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the above-described Deed of Trust, will on Tuesday, January 7, 2014 @ 10:00 o'clock A. M., in the center hall of the Sumner County Courthouse, in Gallatin, Tennessee offer for sale to the highest and best bidder,  for cash and free from all rights and equities of redemption, statutory or otherwise, homestead, dower, marital share and all other rights and exemptions of every kind, but only as and to the extent any rights or equities or redemption are effectively waived or terminated in said Deed of Trust, certain real property situated in Sumner County, Tennessee, as follows:

Land in Sumner County, Tennessee being Lot No. 52 on the Plan of Cherokee Woods, Part 1, Section 6 of record in Plat Book 1, page 270, Register’s Office of Sumner County, Tennessee, to which reference is hereby made for a more complete description of said lot.

Being the same property conveyed to Marshall Benhard and wife, Kathryn Alexander by deed from Carolyn B. Fuller of record in Record Book 3483, page 190, Register’s Office of Sumner County, Tennessee.

 The address of the above described property is 406 Indian Lake Road, Hendersonville, TN 37075.

Said sale will be subject to any and all unpaid taxes that may be a lien against the property and any and all other liens or other rights which take priority over the Deed of Trust upon which this foreclosure sale is had.

This the 5th  day of December, 2013.

PHILIP KELLY, SUBSTITUTE TRUSTEE

PUBLICATION DATES:

December 12, 2013

December 19 2013

December 26, 2013

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 NOTICE OF FORECLOSURE

 WHEREAS,  by a Deed of Trust dated the 24th  day of August, 2009, and of record in Record Book 3178, page 173, in the Register's Office of Sumner County, Tennessee, JASON GREGORY AND CARRIE GREGORY conveyed to PHILIP KELLY, Trustee, an interest in and to the hereinafter described property to secure the payment of a Promissory Note described in said Deed of Trust, which Note is presently held and owned by TINA M. EARP, AND TINA M. EARP TRUSTEE OF THE KENNETH H. EARP LIVING TRUST, DATED November 10,  2001 and TINA M. EARP, TRUSTEE OF THE TINA M. EARP FAMILY REVOCABLE LIVING TRUST, DATED November 10, 2001, and TINA M. EARP, PERSONAL REPRESENTATIVE OF THE ESTATE OF KENNETH H. EARP; and

 WHEREAS, demand has been made for the payment of the aforesaid Note secured by the above-described Deed of Trust which Note is in default; and

 WHEREAS, TINA M. EARP, AND TINA M. EARP TRUSTEE OF THE KENNETH H. EARP LIVING TRUST, DATED November 10,  2001 and TINA M. EARP, TRUSTEE OF THE TINA M. EARP FAMILY REVOCABLE LIVING TRUST, DATED November 10, 2001, and TINA M. EARP, PERSONAL REPRESENTATIVE OF THE ESTATE OF KENNETH H. EARP, the owner and holder of said note has demanded that the property be advertised and sold in satisfaction of said indebtedness including the costs of foreclosure, in accordance with the terms of said Note and of the Deed of Trust; and 

 NOW, THEREFORE, notice is hereby given that I, PHILIP KELLY, Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the above-described Deed of Trust, will on Tuesday, January 7, 2014 @ 10:30 o'clock A. M., in the center hall of the Sumner County Courthouse, in Gallatin, Tennessee offer for sale to the highest and best bidder,  for cash and free from all rights and equities of redemption, statutory or otherwise, homestead, dower, marital share and all other rights and exemptions of every kind, but only as and to the extent any rights or equities or redemption are effectively waived or terminated in said Deed of Trust, certain real property situated in Sumner County, Tennessee, as follows:

 Situated in the 11th Civil District of Sumner County, Tennessee, as follows:

Being Lot No. 17 of the McKee Farms Estates, a plat of which is of record in Plat Book 17, page 222, Register’s Office of Sumner County, Tennessee, to which reference is hereby made for a more complete description of said lot.

Being the same property conveyed to Jason Gregory and Carrie Gregory by deed from Tina M. Earp, and Tina M. Earp Trustee of the Kenneth H. Earp Living Trust, dated November 10,  2001 and Tina M. Earp, Trustee of the Tina M. Earp Family Revocable Living Trust, dated November 10, 2001, and Tina M. Earp, Personal Representative of the Estate of Kenneth H. Earp of record in Record Book 3178, page 173, Register’s Office of Sumner County, Tennessee.

The address of the above described property is improved property known as 997 Rock Springs Road, Bethpage, Tennessee 37022.

 Said sale will be subject to any and all unpaid taxes that may be a lien against the property and any and all other liens or other rights which take priority over the Deed of Trust upon which this foreclosure sale is had.

This the 5th  day of December, 2013.

PHILIP KELLY, TRUSTEE

 PUBLICATION DATES:

December 12, 2013

December 19 2013

December 26, 2013

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NOTICE OF FORECLOSURE SALE

STATE OF TENNESSEE, SUMNER COUNTY

WHEREAS, Timothy A. Atchison executed a Deed of Trust to Mortgage Electronic Registration Systems, Inc. as nominee for Alliance Bancorp, A California Corporation, Lender and Middle Tennessee Closing Services Corporation, Trustee(s), which was dated January 26, 2004 and recorded on February 6, 2004, Book 1940, Page 830, Sumner County, Tennessee Register of Deeds.

WHEREAS, default having been made in the payment of the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the current holder of said Deed of Trust, Caliber Home Loans, Inc., (the “Holder”), appointed the undersigned, Brock & Scott, PLLC, as Substitute Trustee, by an instrument duly recorded in the Office of the Register of Deeds of Sumner County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; 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 Holder, and that as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on January 7, 2014, at 3:30PM at the usual and customary location at the Sumner County Courthouse, Gallatin, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Sumner County, Tennessee, to wit:

Land in the 5th Civil District of Sumner County, Tennessee, being Lot Number 126 on the Plan of Sunset Bay Resort, of record in Plat Book 2, Page 15-17, Register's Office for said County, to which plan reference is hereby made for a more complete description.
Being the same property conveyed to Timothy A. Atchison, unmarried by Warranty Deed dated 12/14/98, of record in Record Book 909, Page 870, Register's Office for Sumner County, Tennessee.
Parcel ID Number: 157 J B 029.00

Address/Description: 353 Sunset Island Trail, Gallatin, TN 37066.

Current Owner(s): Timothy A. Atchison.

Other Interested Party(ies): Bank of America, NA.

The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property 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; a deed of trust; and any matter than an accurate survey of the premises might disclose; and

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 office is attempting to collect a debt.  Any information obtained will be used for that purpose.

Brock & Scott, PLLC, Substitute Trustee
c/o Tennessee Foreclosure Department
277 Mallory Station Road, Suite 115
Franklin, TN 37067
PH: 615-550-7697 FX: 615-550-8484

File No.: 13-23601

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