Briefly... Inside... - Chattanooga Bar Association

16 Friday, May 13, 2011 www.hamiltoncountyherald.com
HAMILTON COUNTY HERALD
Public Notices Continued from page 15
record on May 10, 2011 in Book 9398, Page
944, in said Register’s Office; and,
WHEREAS, default has been made in the payment
of the debt secured by the Deed of Trust
and the Bank has declared the entire balance
due and payable and has instructed the Successor
Trustee to foreclose the Deed of Trust in
accordance with its terms.
NOW THEREFORE, the Successor Trustee,
on Friday, June 3, 2011, commencing at
11:00 a.m., at the west door of the Hamilton
County Courthouse, 625 Georgia Avenue,
Chattanooga, Tennessee, will offer for sale and
sell at public auction to the highest and best
bidder for cash the property therein conveyed
and described as follows:
In the city of Chattanooga, Hamilton County,
Tennessee:
TRACT ONE (1): Tract 2, VIP Gifts Subdivision,
as shown by plat of record in Plat
Book 81, page 90, in the Register’s Office of
Hamilton County, Tennessee and being more
particularly described as follows: Beginning
at the point of intersection of the Southern line
of West Manning Street with the Southwest
line of Cherokee Boulevard; thence South 47
degrees 50 minutes East along the said Southwest
line of Cherokee Boulevard a distance
of 65.24 feet to its intersection with the West
line of Somerville Avenue thence South 3
degrees 45 minutes 57 seconds West along the
West line of Somerville Avenue a distance of
161.27 feet to the Northeastern corner of the
Somerville Iron Company’s Addition as shown
on plat of record in Plat Book 14, page 138, in
said Register’s Office; thence North 88 degrees
26 minutes 51 seconds West along the said
Northern line of Somerville Iron Company’s
Addition to a distance of 311.77 feet to a point
in the Eastern line of Stringer Street; thence
North 16 degrees 13 minutes 28 seconds West
along said Eastern line of Stringer Street a
distance of 213.63 feet to its intersection with
the south line of West Manning Street; thence
South 88 degrees 28 minutes 53 seconds
East along the South line of West Manning
Street a distance of 333.70 feet to the Point of
Beginning.
Excepting therefrom that portion used in
rounding the intersection of West Manning
Street and Stringer Street.
TRACT TWO (2): Lots 5, 6, 7, 8, 9 and
10, Block 1, Hamilton County Boulevard
Company’s Subdivision as shown by plat of record
in Plat Book 14, page 9, in the Register’s
Office of Hamilton County, Tennessee, and
being more particularly described as follows:
Beginning at the point of intersection of the
Northern line of West Manning Street with the
Northeast line of Cherokee Boulevard; thence
North 47 degrees 50 minutes West along
said Northeast line of Cherokee Boulevard a
distance of 109.30 feet to the Southernmost
corner of Lot 4 of said Block 1; thence North
42 degrees 20 minutes 51 seconds East along
the Southeast line of said Lot 4 a distance of
49.4 feet to the Easternmost corner thereof in
the Southwest line of Lot 10 of said Block 1;
thence North 47 degrees 23 minutes 20 seconds
West along the Southwest line of Lot 10,
being the Northeast line of Lot 4, a distance
of 8.05 feet to the Southwest corner of Lot 11
of said Block 1; thence South 87 degrees 25
minutes 23 seconds East along the Southern
line of said Lot 11 a distance of 83.42 feet to
the Southeast corner thereof in the West line
of Harper Street; thence South 01 degrees 43
minutes 46 seconds West along the West line
of Harper Street a distance of 113.30 feet to
its intersection with the North line of West
Manning Street; thence North 86 degrees 21
minutes 46 seconds West along the North line
of West Manning Street a distance of 26.31
feet to the Point of Beginning.
Being the same property conveyed to VIP
Properties, Inc. (now known as VIP Properties,
LLC) by Limited Warranty Deed from A. Hamid
Andalib and wife, Ladonna Andalib dated
January 11, 2006 and recorded on January
11, 2006 in Book 7808, Page 711, Register’s
Office of Hamilton County, Tennessee and by
Quitclaim Deed from VIP, LLC dated May 25,
2007 and recorded on May 25, 2007 in Book
8351, Page 296, Register’s Office of Hamilton
County, Tennessee.
TOGETHER WITH (i) all buildings and
improvements now or hereafter erected on
the above-described property, (ii) all fixtures
attached to the above-described property
or any buildings or improvements situated
thereon, and (iii) all estates, rights, tenements,
hereditaments, privileges, rents, issues, profits,
easements and appurtenances of any kind benefiting
the above-described property, all means
of access to and from the above-described
property, whether public or private, and all
water and mineral rights.
The sale shall be in bar of all equity of
redemption, the statutory right of redemption
provided by any applicable Tennessee statute,
including that afforded by T.C.A. §66-8-101,
et seq., and any amendment or recodification
of such statute, homestead, dower and all other
exemptions and marital rights, all of which are
expressly waived and conveyed in the Deed
of Trust, but excluding any statutory right of
redemption of a governmental agency, state
or federal, that survives this sale as a matter
of law. Title is believed to be good, but the
undersigned will sell and convey only as Successor
Trustee.
The Deed of Trust is subject to the following:
(a) unpaid taxes or assessments against the
property; (b) recorded easements, restrictions,
conditions, covenants, setback lines,
rights-of-way or subdivision plats affecting the
property; (c) dedication of roads affecting the
property and applicable governmental zoning
and subdivision ordinances and regulations;
(d) prior or superior liens, judgments, deeds
of trust or other interests of record; (e) matters
that an accurate survey of the property might
disclose; and (f) any tenants which may be in
possession of the property, to the extent they
have any rights to remain in possession of the
property that survive foreclosure.
To the best of the Successor Trustee’s knowledge,
information and belief, there are no
Federal or State tax lien claimants upon the
subject property which would require notice
pursuant to the terms and provisions of T.C.A.
§ 35-5-104, T.C.A. § 50-7-404(i)(2)(B) or
T.C.A. § 67-1-1433 or 26 U.S.C. § 7425.
THE PROPERTY IS TO BE SOLD WITH-
OUT COVENANTS OR WARRANTIES,
WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR USE OR
PURPOSE.
Successor Trustee, at his sole discretion, at the
time and place appointed above for the sale,
to accomplish the most advantageous sale and
consequent discharge of his trust obligation
under the circumstances, reserves the right to
do any or all of the following:
(1) Postpone the sale of all or any portion of
the property by public announcement at such
time and place of sale, and from time to time
thereafter postpone such sale by public announcement
at the time fixed by the preceding
postponement or subsequently noticed sale,
and, without further notice, make such sale at
the time and place fixed by the last postponement,
or in his discretion, give a new notice
of sale.
(2) Appoint an agent to sell the property in
accordance with the power of sale contained
in the Deed of Trust and to take other action
which the Successor Trustee may take
thereunder.
(3) Elect to delay the sale for a reasonable time
during regular business hours on the same day
to be continued at the same place at the announced
time in order to enable any bonafide
bidder to determine and submit a bid, so long
as no potential purchaser is thereby precluded
from placing a bid.
(4) Elect to sell the property in any other manner
as may accomplish the most advantageous
sale and consequent discharge of his trust
obligation under the circumstances.
The failure of the high bidder to close this sale
shall be cause for rejection of the bid, and if
the bid is rejected, the Successor Trustee shall
have the option of making the sale to the next
highest bidder who is capable and willing to
comply with the terms thereof. The proceeds
of the sale will be applied as provided in the
Deed of Trust.
CURRENT PROPERTY OWNER:
VIP PROPERTIES, INC, a Tennessee corporation
(now known as VIP Properties, LLC, a
Tennessee limited liability company)
OTHER LIEN HOLDERS OR HOLDERS OF
INTEREST:
None
Dated: May 11, 2011
Jeffrey S. Norwood, Successor Trustee
Husch Blackwell LLP
736 Georgia Avenue, Suite 300
Chattanooga, TN 37402
HCH3T-5/13,5/20,5/27/11
NOTICE OF SUCCESSOR TRUSTEE’S
SALE
WHEREAS, VIP, LLC, a Tennessee limited liability
company which changed its legal name
to INCENTIUM, LLC on or about September
22, 2009 (“Borrower”) conveyed to Milligan-Reynolds
Guaranty Title Agency, Inc.,
as Trustee, real property in Hamilton County,
Tennessee by a Tennessee Deed of Trust,
Assignment of Leases and Rents, Security
Agreement and Fixture Filing dated October
24, 2008, and recorded in Book 8787, Page
732, as amended by Loan Documents Modification
Agreement & Waiver dated October 23,
2009 and recorded in Book 9067, Page 951, all
in the Register’s Office of Hamilton County
Tennessee (collectively, the “Deed of Trust”),
to secure payment and performance of the debt
described in the Deed of Trust; and,
WHEREAS, SunTrust Bank (the “Bank”) is
the owner and holder of the debt secured by
and the beneficiary of the Deed of Trust; and,
WHEREAS, the Bank, as such owner, holder
and beneficiary, appointed Jeffrey S. Norwood
of Husch Blackwell LLP as Successor Trustee
by Appointment of Successor Trustee filed of
record on May 10, 2011 in Book 9398, Page
942, in said Register’s Office; and,
WHEREAS, default has been made in the payment
of the debt secured by the Deed of Trust
and the Bank has declared the entire balance
due and payable and has instructed the Successor
Trustee to foreclose the Deed of Trust in
accordance with its terms.
NOW THEREFORE, the Successor Trustee,
on Friday, June 3, 2011, commencing at
11:00 a.m., at the west door of the Hamilton
County Courthouse, 625 Georgia Avenue,
Chattanooga, Tennessee, will offer for sale and
sell at public auction to the highest and best
bidder for cash the property therein conveyed
and described as follows:
In the city of Chattanooga, Hamilton County,
Tennessee:
Lots Three (3) and Four (4), Block One (1),
Thompson and Carter’s Addition and the
Southern half of the alley in the rear of said
lots. Said alley was closed by resolution by the
city of Chattanooga, as shown by plat of record
in Plat Book 2, Page 17, in the Register’s
Office of Hamilton County, Tennessee, except
that part of Lot Four (4) and alley used in
creating Cherokee Boulevard, and Lots One
(1), Two (2), Three (3), Four (4), Five (5), Six
(6) and Seven (7), Block Nine (9), Hamilton
County Boulevard Company’s Subdivision
as shown by plat of record in Plat Book 14,
Page 9, in said Register’s Office. According
to said plats, said nine (9) lots and part of
alley make one tract fronting 252.5 feet on the
Southwestern line of Cherokee Boulevard and
extends Westwardly along the Northern line
of Manning Street, being 252.1 feet in length
and along the center line of the alley shown on
said plats of Thompson and Carter’s Addition
being 58.5 feet in length to the old fence line
within a hedge, being the Eastern line of Annie
F. Keef property, said Eastern line being 160.5
feet in length.
LESS AND EXCEPT right of way conveyed in
Book 3225, Page 186, in the Register’s Office
of Hamilton County, Tennessee.
Being the same property described according
to survey as follows: Beginning at a point said
point being the intersection of the Western
right of way of Cherokee Boulevard and the
Northern right of way of Manning Street,
thence following along the Northern right of
way line of Manning Street North 88 degrees
28 minutes 53 seconds West a distance of
255.68 feet to a point, thence North 02 degrees
10 minutes 51 seconds East a distance of 160.5
feet to a point, thence North 87 degrees 41
minutes 43 seconds East a distance of 62.20
feet to an iron pipe found, said point lying
on the Eastern right of way line of Cherokee
Boulevard, thence continuing along with said
right of way South 47 degrees 50 minutes
00 seconds East a distance of 252.74 feet to
the point of beginning all as shown on Betts
Engineering Associates Inc. drawing no.
10871-9-207.
EXCEPTING THEREFROM that portion used
in rounding the intersection of Manning Street
and Cherokee Boulevard.
The above property is commonly known as
424 Cherokee Boulevard, Chattanooga,
Tennessee.
Being the same property conveyed to VIP,
LLC, a Tennessee limited liability company
(now known as Incentium, LLC), by Quitclaim
Deed from A. Hamid Andalib dated August
1, 2001 and recorded on September 20, 2001
in Book 5992, Page 485, Register’s Office for
Hamilton County, Tennessee.
TOGETHER WITH (i) all buildings and
improvements now or hereafter erected on
the above-described property, (ii) all fixtures
attached to the above-described property
or any buildings or improvements situated
thereon, and (iii) all estates, rights, tenements,
hereditaments, privileges, rents, issues, profits,
easements and appurtenances of any kind benefiting
the above-described property, all means
of access to and from the above-described
property, whether public or private, and all
water and mineral rights.
The sale shall be in bar of all equity of
redemption, the statutory right of redemption
provided by any applicable Tennessee statute,
including that afforded by T.C.A. §66-8-101,
et seq., and any amendment or recodification
of such statute, homestead, dower and all other
exemptions and marital rights, all of which are
expressly waived and conveyed in the Deed
of Trust, but excluding any statutory right of
redemption of a governmental agency, state
or federal, that survives this sale as a matter
of law. Title is believed to be good, but the
undersigned will sell and convey only as Successor
Trustee.
The Deed of Trust is subject to the following:
(a) unpaid taxes or assessments against the
property; (b) recorded easements, restrictions,
conditions, covenants, setback lines,
rights-of-way or subdivision plats affecting the
property; (c) dedication of roads affecting the
property and applicable governmental zoning
and subdivision ordinances and regulations;
(d) prior or superior liens, judgments, deeds
of trust or other interests of record; (e) matters
that an accurate survey of the property might
disclose; and (f) any tenants which may be in
possession of the property, to the extent they
have any rights to remain in possession of the
property that survive foreclosure.
To the best of the Successor Trustee’s knowledge,
information and belief, there are no
Federal or State tax lien claimants upon the
subject property which would require notice
pursuant to the terms and provisions of T.C.A.
§ 35-5-104, T.C.A. § 50-7-404(i)(2)(B) or
T.C.A. § 67-1-1433 or 26 U.S.C. § 7425.
THE PROPERTY IS TO BE SOLD WITH-
OUT COVENANTS OR WARRANTIES,
WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR USE OR
PURPOSE.
Successor Trustee, at his sole discretion, at the
time and place appointed above for the sale,
to accomplish the most advantageous sale and
consequent discharge of his trust obligation
under the circumstances, reserves the right to
do any or all of the following:
(1) Postpone the sale of all or any portion of
the property by public announcement at such
time and place of sale, and from time to time
thereafter postpone such sale by public announcement
at the time fixed by the preceding
postponement or subsequently noticed sale,
and, without further notice, make such sale at
the time and place fixed by the last postponement,
or in his discretion, give a new notice
of sale.
(2) Appoint an agent to sell the property in
accordance with the power of sale contained
in the Deed of Trust and to take other action
which the Successor Trustee may take
thereunder.
(3) Elect to delay the sale for a reasonable time
during regular business hours on the same day
to be continued at the same place at the announced
time in order to enable any bonafide
bidder to determine and submit a bid, so long
as no potential purchaser is thereby precluded
from placing a bid.
(4) Elect to sell the property in any other manner
as may accomplish the most advantageous
sale and consequent discharge of his trust
obligation under the circumstances.
The failure of the high bidder to close this sale
shall be cause for rejection of the bid, and if
the bid is rejected, the Successor Trustee shall
have the option of making the sale to the next
highest bidder who is capable and willing to
comply with the terms thereof. The proceeds
of the sale will be applied as provided in the
Deed of Trust.
CURRENT PROPERTY OWNER:
VIP, LLC, a Tennessee limited liability company
(now known as Incentium, LLC)
OTHER LIEN HOLDERS OR HOLDERS OF
INTEREST:
None
Dated: May 11, 2011
Jeffrey S. Norwood, Successor Trustee
Husch Blackwell LLP
736 Georgia Avenue, Suite 300
Chattanooga, TN 37402
HCH3T-5/13,5/20,5/27/11
Legal Ad
Notice is hereby given that the County Board
of Commissioners will hold a public hearing in
the Hamilton County Courthouse, Room 402,
at 9:30 am, Wednesday, June 15, 2011, when
consideration will be given to the following
rezonings, special permits and alley abandonment
requests:
2011-063 Venitia Johnson/RSD Enterprises,
LLC requests a Special Permit for a Home
for Aged and/or Mentally Ill operated on a
commercial basis on property located at 8714
McMahon Road. An unplatted tract of land
located at 8714 McMahon Road being the
property described as Tract 2 in Deed Book
8712, Page 706, ROHC. Tax Map 131K-A-
022.01.
2011-064 Julian Bell/Gene Wolfe & Glenna
Wolfe Rogers requests rezoning from A-1
Agricultural District to R-1 Single Family
Residential District properties located at 7512,
7540 and 7552 Ooltewah Georgetown Road.
All that part of Part of Lots 1 thru 3, J. L. Varnell
Subdivision as shown in Book D, Volume
25, Page 288 located above the south line of
the 8300 block of Varnell Road if it were to
continue across the 7400 block of Ooltewah
Georgetown Road and two unplatted tracts
of land located at 7540 and 7552 Ooltewah
Georgetown Road being the properties described
as Tracts 1 and 2 in Deed Book 8308,
Page 902, and part of the property described in
Deed Book 9043, Page 363, ROHC. Tax Map
114-017 (part), 017.01 and 017.03.
2011-065 Julian Bell/Fatherson Partnership
requests rezoning from A-1 Agricultural District
to RT-1 Residential Townhouse District on
the northern 50.09 feet of 7187 Hixson Pike.
The northern 50.09 feet of an unplatted tract
of land located at 7187 Hixson Pike being part
of the property described in Deed Book 9087,
Page 190, ROHC. Tax Map 092-063.03 (part).
2011-066 Mitchell Shelton requests rezoning
from A-1 Agricultural District to R-1 Single
Family Residential District part of a property
located at 1911 Thrasher Pike. All that part
of an unplatted tract of land located at 1911
Thrasher Pike which is zoned A-1 excepting
some 70 feet along the northeastern property
line being part of the property described in
Deed Book 7565, Page 989, ROHC. Tax Map
092-082 (part). Planning Commission Recommendation:
An unplatted tract of land located
at 1911 Thrasher Pike being the property described
in Deed Book 7565, Page 989, ROHC.
Tax Map 092-082.
2011-067 Brandon Waters requests rezoning
from A-1 Agricultural District to R-1 Single
Family Residential District property located at
9755 East Brainerd Road. An unplatted tract
of land located at 9755 East Brainerd Road being
the property described in Deed Book 9141,
Page 674, ROHC. Tax Map 172-071.
2011-068 Brandon Waters requests a Special
Exceptions Permit for a Preliminary Residential
Planned Unit Development on property
located at 9755 East Brainerd Road.
An unplatted tract of land located at 9755 East
Brainerd Road being the property described in
Deed Book 9141, Page 674, ROHC. Tax Map
172-071.
MR-2011-069 Martin Hale requests abandonment
of a portion of the 7200 block of McDade
Road. Abandonment of a portion of the 7200
block of McDade Road beginning at the south
most corner of Tax Map 114-018.01 thence
northwest some 980 feet to the end of the
paved portion of the road. Said road separates
Tax Map 114-018 and 018.01 from Tax Map
114-019 and 019.03.
2011-070 Phil Whitfield/Mark McClain
requests rezoning from R-2A Rural Residential
District to C-3 General Business Commercial
District properties located at 102, 108, 112 and
114 Reavley Road. Lots 1 thru 4, Final Plat of
the Mark McClain Subdivision, Plat Book 91,
Page 161, ROHC, Deed Book 8442, Page 312,
ROHC. Tax Map 020-061, 061.01, 061.02,
and 061.03.
The cases can be viewed at the Regional Planning
Agency Office, Development Resource
Center, Suite 2000, 1250 Market Street,
Monday-Friday, 8:00 a.m. - 4:30 p.m.
John Bridger, Executive Director
Chattanooga-Hamilton County
Regional Planning Agency
HCH1T-5/13/11
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 November
15, 2007, executed by AMY O`NEAL AN-
DERSON F/K/A AMY O`NEAL MILLER
AND JAMES N. ANDERSON, JAMES N.
ANDERSON, conveying certain real property
therein described to THE TITLE GUARANTY
AND TRUST COMPANY, as Trustee, as same
appears of record in the Register’s Office of
Hamilton County, Tennessee recorded November
21, 2007, in Deed Book GI 8528, Page
20; and WHEREAS, the beneficial interest of
said Deed of Trust was last transferred and assigned
to BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS
SERVICING LP 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 Suarez Serrano TN LLC, having
been appointed as Substitute Trustee by instrument
to be filed for record in the Register’s
Office of Hamilton 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
June 2, 2011 at 11:00 AM at the HAMILTON
County courthouse door where the foreclosure
sales are customarily held at the HAMILTON
Courthouse, located in Chattanooga, 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 Hamilton County, Tennessee,
to wit: IN THE THIRD CIVIL DISTRICT
OF HAMILTON COUNTY, TENNESSEE:
LOT 10, BLOCK 25, MOUNTAIN LAND
COMPANY`S SUBDIVISION SIGNAL
MOUNTAIN PROPERTY, AS SHOWN BY
PLAT OF RECORD IN PLAT BOOK 6, PAGE
44, IN THE REGISTER`S OFFICE OF HAM-
ILTON COUNTY, TENNESSEE. FOR PRIOR
TITLE, SEE DEED RECORDED IN BOOK
7151, PAGE 125, IN THE REGISTER`S
OFFICE OF HAMILTON COUNTY, TEN-
NESSEE. THIS CONVEYANCE MADE
SUBJECT TO THE FOLLOWING: JOINT
DRIVEWAY EASEMENT AS SET OUT IN
INSTRUMENT RECORDED IN BOOK 3563,
PAGE 99, IN THE REGISTER`S OFFICE
OF HAMILTON COUNTY, TENNESSEE.
ANY GOVERNMENTAL ZONING AND
SUBDIVISION ORDINANCES IN EFFECT
THEREON. ALL NOTES, STIPULATIONS,
RESTRICTIONS, EASEMENTS, CONDI-
TIONS, AND REGULATIONS AS SET
OUT ON RECORDED PLAT. RESTRIC-
TIONS AS SET OUT IN INSTRUMENT
RECORDED IN BOOK Y, VOLUME 12,
PAGE 713, IN THE REGISTER`S OFFICE
OF HAMILTON COUNTY, TENNESSEE,
BUT OMITTING ANY COVENANT OR
RESTRICTION BASED ON RACE, COLOR,
RELIGION, SEX, HANDICAP, FAMIL-
IAL STATUS OR NATIONAL ORIGIN
UNLESS AND ONLY TO THE EXTENT
THAT SAID COVENANT (A) IS EXEMPT
UNDER CHAPTER 42, SECTION 3607,
OF THE UNITED STATES CODE OR (B)
RELATES TO HANDICAP BUT DOES NOT
DISCRIMINATE AGAINST HANDICAPPED
PERSONS. CONDITIONS AND EASE-
MENTS CONTAINED IN DOCUMENT OF
RECORD IN BOOK 2116, PAGE 186, IN
THE REGISTER`S OFFICE OF HAMILTON
COUNTY, TENNESSEE. PROPERTY AD-
DRESS: The street address of the property is
believed to be 309 JAMES BOULEVARD,
SIGNAL MOUNTAIN, TN 37377. 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): AMY O`NEAL
ANDERSON F/K/A AMY O`NEAL MILLER
OTHER INTERESTED PARTIES: JAMES N.
ANDERSON 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
Ad #12219: 2011-05-13 2011-05-20, 2011-
05-27
SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on June 10,
2011 at 10:00 AM local time, at the west door,
Hamilton County Courthouse, Chattanooga,
Tennessee pursuant to Deed of Trust executed
by Ruth Mockbee, to First Title Insurance
Company, Trustee, on May 17, 2004 at Book
GI 7152, Page 53; conducted by Shapiro &
Kirsch, LLP Substitute Trustee, all of record in
the Hamilton County Register’s Office.
Owner of Debt: Financial Freedom Acquisition
LLC
The following real estate located in Hamilton
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 City of Chattanooga,
Hamilton County, Tennessee, to wit:
Unit Two (2), Building Twelve (12), Revised
Final Plan of Quail Hollow, a Condominium,
a Horizontal Property Regime, of record in
Plat Book 26, Pages 139-1 and 139-2, in the
Register’s Office of Hamilton County, Tennessee.
TOGETHER WITH all benefits, rights, privileges,
easements as set forth in Master Deed
and the By-Laws appended thereto, recorded
in Book 2133, Page 458; Book 2133, Page
447; and amended in Book 2195, Page 63;
Book 2326, Page 704; Book 2346, Page 665,
Book 2691, Page 190, and Book 2724, Page
187, said Register’s Office.
Street Address: 3976 North Quail Lane,
Chattanooga, Tennessee 37415
Current Owner(s) of Property: Heirs of Ruth
Mockbee
Continued on page 17