PUBLIC NOTICES - Chattanooga Bar Association

HAMILTON COUNTY HERALD Friday, May 7, 2010 23
Public Notices Continued from page 22
By: Shellie Wallace
HCH3T-4/30,5/7,5/14/10
FOR SALE INFORMATION, VISIT
WWW.MYFIR.COM
and WWW.REALTYTRAC.COM
SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on May 21,
2010 at 10:00 AM local time, at the west door,
Hamilton County Courthouse, Chattanooga,
Tennessee pursuant to Deed of Trust executed
by Cynthia S. Bryant, to Transcontinental
Title, Trustee, on August 5, 1999 at Book
GI5420, Page 953; conducted by Shapiro &
Kirsch, LLP Substitute Trustee, all of record
in the Hamilton County Register’s Office.
Owner of Debt: Household Financial Center
Inc
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 Hamilton
County, Tennessee, to wit:
Lot Seventeen (17), revised plat of Lake
Forest Subdivision, Unit Number One (1) as
shown by plat recorded in Plat Book 22, Page
77, in the Register’s Office, Hamilton County,
Tennessee, to which plat reference is hereby
given for a more particular description of said
property.
Street Address: 5706 Lyle Circle, Hixson, TN
37343
Current Owner(s) of Property: Heirs of
Cynthia S. Bryant
Other interested parties: Household Financial
Center Inc. and Household Financial Center,
Inc.
The street address of the above described
property is believed to be 5706 Lyle Circle,
Hixson, TN 37343, 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.
SALE IS SUBJECT TO ANY INTEREST
THAT MAY EXIST IN UNRELEASED
DEED OF TRUST OF RECORD IN BOOK
4789 PAGE 327 IN THE REGISTERS
OFFICE OF HAMILTON COUNTY, TEN-
NESSEE.
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
HCH3T-4/30,5/7,5/14/10
S&K09-023735
SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on May 17,
2010 at 10:00AM Eastern Standard Time,
at the west door, Hamilton County
Courthouse, Chattanooga, Tennessee pursuant
to Deed of Trust executed by Kaytrenia L.
Lee, Formerly Known As Kaytrenia L.
Carter and husband, Felix Lee, to Century
Title and Escrow Inc., Trustee, on August 3,
2004 at Book GI 7227, Page 164; conducted
by Shapiro & Kirsch, LLP Substitute Trustee,
all of record in the Hamilton County
Register’s Office.
Owner of Debt: Deutsche Bank National Trust
Company as Trustee for the MLMI Trust
Series 2005-NC1
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:
Being a part of Lot 11, Lake Terrace Addition,
Unit 2, as shown by plat of record in Plat
Book 22, Page 23, Register’s Office of
Hamilton County, Tennessee, and being a part
of Lots 1 and 2, Ledford Heights, as shown by
plat of record in Plat Book 22, Page 54, said
Register’s Office, to which plat reference is
hereby made for a more particular description
of said property.
The part of Lot 11 Lake Terrace Addition,
Unit 2, being the remaining portion of Lot 11
after excluding the portion previously conveyed
in Book 1491, Page 267, said Register’s
Office.
The part of Lots 1 and 2 of Ledford Heights
being the remaining portion of Lots 1 and 2
after excluding the portion previously conveyed
in Book 1562, Page 455, said Register’s
Office.
Street Address: 6218 Hansley Drive,
Chattanooga, TN 37416
Current Owner(s) of Property: Neeld J.
Messler, as Trustee and not personally under
the Lee 6218 Hansley Trust
Other interested parties: Neeld Messler
The street address of the above described
property is believed to be 6218 Hansley
Drive, Chattanooga, TN 37416, 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
HCH3T-4/23,4/30,5/7/10
S&K09-022699
NOTICE OF FORECLOSURE SALE
WHEREAS, default having been made in payment
of the debts and obligation secured to be
paid by that certain Real Estate Deed of Trust
(With Future Advance Clause) dated
November 10, 2006 of record in Book 8147,
Page 491, in the Register’s Office of
Hamilton County, Tennessee (the “Deed of
Trust”), Henry Tipton Construction, LLC
(“Grantor”), conveyed to C. Bruce Batten,
Trustee, certain real property, described below,
(the “Property”) to secure the payment of a
certain obligation described in the Deed of
Trust including, without limitation, that evidenced
by a certain Promissory Note dated
November 10, 2006, executed by Henry
Tipton Construction, LLC payable to
Community Trust & Banking Co.; and
WHEREAS, on March 5, 2009, Henry Tipton
Construction, LLC conveyed all rights, title
and interest in said Property to Henry F.
Tipton, Jr. by that certain Quitclaim Deed of
record in Book 8871, Page 771, in the recorded
in the Register’s Office of Hamilton
County, Tennessee; and
Whereas, on July 21, 2009 Henry Field
Tipton, Jr. and Scarlette Janette Tipton filed
for Chapter 7 Bankruptcy, Case No. 09-14503,
in the United States Bankruptcy Court for the
Eastern District of Tennessee; and
Whereas, by order of the above-referenced
Bankruptcy entered October 1, 2009, the automatic
stay was terminated and the Chapter 7
Trustee abandoned his interest in and with
respect to the Property secured by the abovereferenced
Deed of Trust commonly known as
7036 Arbor Leaf Lane, Ooltewah, Tennessee,
permitting Community Trust & Banking Co.
to foreclose upon said Property and pursue it
available state law remedies with regard to
said Property; and
WHEREAS, Brian P. Mickles has been
appointed as Substitute Trustee pursuant to
that certain Appointment of Substitute Trustee
recorded in the Register’s Office of Hamilton
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 and that Brian P. Mickles,
Trustee, and any substitute trustee who may
succeed him, pursuant to the power, duty and
authority vested in and imposed upon it in the
Deed of Trust will on May 21, 2010, at 10:00
o’clock a.m., at the West door of the
Hamilton County Courthouse in Chattanooga,
Tennessee, offer for sale to the highest and
best bidder for cash, certain real property
located in Hamilton County, Tennessee,
described as follows:
Lot 15, The Arbors, P.U.D., of record in Plat
Book 83, Page 141, in the Register’s Office of
Hamilton County, Tennessee.
For prior title see Deed recorded in Book
7336, Page 502 and in Book 7336, Page 504,
in the Register’s Office of Hamilton County,
Tennessee.
SUBJECT TO Restrictions as set out in instrument
recorded in Book 8082. Page 98, in the
Register’s Office of Hamilton County,
Tennessee, but omitting any covenant or
restriction based on race, color, religion, sex,
handicap, familial 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.
SUBJECT TO Lien of Assessments provided
for in “Declaration of Covenants and
Restrictions for The Arbors Homeowners
Association,” document of record in Book
8082, Page 98, and any amendments thereof,
in the Register’s Office of Hamilton County,
Tennessee.
SUBJECT TO 10 foot Power and
Communications Easement as shown or speci-
fied on the recorded plat.
SUBJECT TO Building setback requirements
as shown or specified on the recorded plat.
SUBJECT TO all notes, stipulations, restrictions,
easements, conditions, and regulations
as set out on recorded plat.
SUBJECT TO any governmental zoning and
subdivision ordinances in effect thereon.
The street address of the Property is believed
to be 7036 Arbor Leaf Lane, Ooltewah, TN
37363.
Said sale will be subject to any and all unpaid
ad valorem taxes (plus penalty and interest, if
any) that may be a lien upon the Property; any
and all liens, defects, encumbrances, adverse
claims, and other matters which take priority
over the Deed of Trust upon which this foreclosure
sale is had; any statutory rights of
redemption not otherwise waived in the Deed
of Trust, including rights of redemption of any
governmental agency, state or federal, which
might not have been waived by such governmental
agency; all notes, stipulations, restrictions,
easements, conditions and regulations as
set out on recorded plat; any governmental
zoning and subdivision ordinances or regulations
in effect thereon; the accuracy of the
Index Book of the said Register’s Office; and
any other matters which an accurate survey of
the Property might disclose; all other matters
which are prior in right to the lien of the Deed
of Trust and all matters shown on any applicable
plat. The Deed of Trust recites title to the
property as unencumbered except as provided
above, but Substitute Trustee will make no
covenant of seisin or warranty of title, express
or implied, and will sell and convey as
Substitute Trustee only subject to the above.
Further, the transfer shall be “As Is” and without
warranty of any kind, express or implied,
as to the condition of such property and the
improvements located thereon, including merchantability
or fitness for particular purpose.
A lien of the State of Tennessee with respect
to which provisions of T.C.A. §67-1-
1433(b)(1) require notice to be given is
recorded in Book 6141, Page 315, in the
Register’s Office of Hamilton County,
Tennessee. The notice required by T.C.A.
§67-1-1433(b)(1) to be given to the State of
Tennessee has been timely given. The sale
herein advertised will be subject to the right of
the State of Tennessee to redeem the land as
provided in T.C.A. §67-1-1433(c)(1).
The Substitute Trustee, in order to accomplish
the most advantageous sale and consequent
discharge of his obligation under the Deed of
Trust, reserves the right to do any or all of the
following, without further publication and
upon announcement at the time and place for
the sale set forth herein:
1. The right is reserved to adjourn the day of
sale to another date and time without further
publication upon announcement at the time set
above;
2. The right is reserved to take or accept the
next highest or best bid at such sale should the
last and highest bidder fail or refuse to comply
with the terms of sale for any reason. In such
event, the Substitute Trustee shall also reserve
the right to reopen and sell said Property at his
option; and
3. The right is reserved to conduct the sale by
or through his or attorneys acting in his place
or stead, including the use of an auctioneer.
PARTIES INTERESTED:
Tennessee Department of Revenue, Special
Procedures Unit
Aluma Window Co., Inc.
S & M Building Supply
The Roofing & Supply Company
Henry F. Tipton, Jr.
THIS IS AN ATTEMPT TO COLLECT A
DEBT, AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
Dated this 20th day of April, 2010.
Brian P. Mickles, Substitute Trustee
701 Market Street, Suite 1610
Chattanooga, TN 37402
(423) 266-1237
HCH3T-4/23,4/30,5/7/10
NOTICE OF SUBSTITUTE TRUSTEE’S
SALE
WHEREAS, default having occurred in the
performance of the covenants, terms and conditions
of a Commercial Note dated December
29, 2006, and a Residential Deed of Trust
securing the same dated December 29, 2006,
recorded in Book 8210, Page 917, Register’s
Office of Hamilton County, Tennessee (the
“Deed of Trust”), conveying certain property
described in the Deed of Trust from DON-
ALD FLANIGAN, a/k/a DONALD E.
FLANIGAN, to Steve Lancaster, as Trustee
for SunTrust Bank, a Georgia banking corporation
(“Beneficiary”); and,
WHEREAS, the undersigned Dustin J.
Manning of Husch Blackwell Sanders LLP,
having been appointed Substitute Trustee in
the place and stead of Steve Lancaster by
Appointment of Substitute Trustee filed of
record on April 15, 2010 in Book 9147, Page
614, in said Register’s Office; and
Beneficiary, as present owner of the debt
secured, having requested the undersigned to
advertise and sell the property conveyed by
the Deed of Trust;
NOW THEREFORE, notice is hereby given
that the entire indebtedness has been declared
due and payable and that Dustin J. Manning
of Husch Blackwell Sanders LLP, as
Substitute Trustee, by virtue of the power,
duty and authority vested in and imposed
upon said Substitute Trustee will, on
Friday, May 14, 2010
Commencing at 10:00 a.m. at the west door of
the Hamilton County Courthouse, 625 Georgia
Avenue, Chattanooga, Tennessee 37402, proceed
to sell the following property at public
auction to the highest bidder for cash at the
time and under the terms described in this
Notice of Sale:
Lot 6, Jomont Subdivision, of record in Plat
Book 23, Page 120, in the Register’s Office of
Hamilton County, Tennessee, to which plat
reference is hereby made for a more particular
description of said property.
Being the same property conveyed to Donald
E. Flanigan and wife, Elizabeth E. Flanigan
by Special Warranty Deed from U.S. Bank,
N.A., as Trustee for the registered holders of
Asset Backed Certificates, Series 2005-HE4,
by Ocwen Federal Bank FSB n/k/a/ Ocwen
Loan Servicing LLC, as its attorney in fact,
dated December 8, 2006 and recorded in Book
8210, Page 914, Register’s Office for
Hamilton County, Tennessee.
And further being the same property conveyed
to Donald E. Flanigan by Quitclaim Deed
from Elizabeth Flanigan dated June 1, 2007
and recorded in Book 8383, Page 230,
Register’s Office for Hamilton County,
Tennessee.
Property address: 917 Ely Road,
Chattanooga, Tennessee.
Map and Parcel No.: 109K-B-017.
TOGETHER WITH (i) all buildings, structures
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 abovedescribed
property, whether public or private,
and all water and mineral rights.
This sale is subject to any and all unpaid
Hamilton County and City of Chattanooga
real estate taxes and assessments; any restrictive
covenants, easements, or setback lines
that may be applicable; any statutory right 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.
To the best of the Substitute 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 or T.C.A. § 67-1-1433 or 26
U.S.C. § 7425.
The Deed of Trust recites that all right of
homestead, equity of redemption, statutory
right of redemption and all other rights and
exemptions of every kind, including, but not
limited to, a statutory right to an elective share
in the property are relinquished and waived.
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 will be deemed the successful
bidder.
The right is reserved to adjourn the day of the
sale to another date, time and place certain
without further publication, upon announcement
at the time and place of the sale set forth
above.
CURRENT PROPERTY OWNER:
Donald E. Flanigan
Dated: April 20, 2010
Dustin J. Manning, Substitute Trustee
Husch Blackwell Sanders LLP
736 Georgia Avenue, Suite 300
Chattanooga, TN 37402
HCH3T-4/23,4/30,5/7/10
SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on May 21,
2010 at 10:00AM Eastern Standard Time, at
the west door, Hamilton County Courthouse,
Chattanooga, Tennessee pursuant to Deed of
Trust executed by Anthony Wayne Wilson
Single and Unmarried, to Maria Bingham,
Trustee, on January 6, 2006 at Book GI 7807,
Page 36; conducted by Shapiro & Kirsch, LLP
Substitute Trustee, all of record in the
Hamilton County Register’s Office.
Owner of Debt: Citifinancial, Inc., a
Tennessee Corporation
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 Hamilton
County, Tennessee, to wit:
Lot Number 40, Resubdivision Synders, filed
in Plat Book 11 at Page 25, in the Register’s
Office of Hamilton County, Tennessee, to
which plat reference is hereby made for a
more particular description of said property.
Street Address: 5425 Marion Avenue,
Chattanooga, TN 37412
Current Owner(s) of Property: Anthony
Wayne Wilson
Other interested parties: Citifinancial,
CitiFinancial, Inc. and CitiFinancial, Inc.
The street address of the above described
property is believed to be 5425 Marion
Avenue, Chattanooga, TN 37412, 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
HCH3T-4/23,4/30,5/7/10
S&K10-002823
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 March 17,
2008, executed by Richard Powers, conveying
certain real property therein described to
Bruce C. Bailey, as Trustee, as same appears
of record in the Register’s Office of Hamilton
County, Tennessee recorded March 19, 2008,
in Deed Book GI8618, Page 303, ; 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, the undersigned, Rubin Lublin
Suarez Serrano TN LLC, having been appointed
by as Substitute Trustee by instrument to
be filed for record in the Register’s Office of
Hamilton County, Tennessee. NOW, TH ERE-
FORE, 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
May 13, 2010 at 11:00 AM at the HAMIL-
TON 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, the following described property situated
in Hamilton County, Tennessee, to wit:
LAND IN HAMILTON COUNTY, TEN-
NESSEE, BEING LOT NO. FOUR (4) ON
THE PLAN OF MCNEESE SUBDIVISION,
OF RECORD IN PLAT BOOK 42, PAGE 18,
REGISTER`S OFFICE FOR SAID COUNTY,
TO WHICH PLAN REFERENCE IS HERE-
BY MADE FOR A MORE COMPLETE
DESCRIPTION. BEING THE SAME PROP-
ERTY CONVEYED TO RICHARD POW-
ERS FROM JOSHUA ROBINSON AND
WIFE, ANGELA ROBINSON BY DEED OF
RECORD IN BOOK 8618 PAGE 301 REGIS-
TER`S OFFICE FOR HAMILTON COUNTY.
TENNESSEE. SUBJECT TO ALL EASE-
MENTS, RESTRICTIVE COVENANTS
AND CONDITIONS, AND OTHER MAT-
TERS 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 3191 Plaza Circle, Chattanooga, TN
37419. 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 Powers OTHER INTERESTED PAR-
TIES: Secretary of Housing and Urban
Development, LVNV Funding LLC 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. Rubin Lublin
Suarez Serrano TN LLC, Substitute Trustee
119 S. Main Street, Suite 500 Memphis, TN
38103 www.rubinlublin.com/property-listings.php
Tel: (888) 890-5309 Fax: ( 404) 601-
5846 Ad #3032: 2010-04-23 2010-04-30,
2010-05-07
Continued on page 24