SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on August 7, 2009 at 3:45 p.m. Central Standard Time, at the front door, Cumberland County Courthouse, Crossville, Tennessee pursuant to Deed of Trust executed by Fabian Herbert, married, joined by wife, Michelle Herbert to Heritage Title Services, Trustee, on July 28, 2005 at Book 1206, Page 119 and conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Cumberland County Register's Office.
Owner of Debt: HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2005-HE6, Asset Backed Pass-Through Certificates
The following real estate located in Cumberland 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 Third Civil District of Cumberland County, Tennessee, to wit:
BEGINNING on a 6 inch wood fence corner post in the western edge of an unnamed road; thence with said road edge for the next four (4) courses and distances; (1) South 14 degrees 25 minutes 49 seconds West, 241.60 feet to an 8 inch wood fence post; (2) South 22 degrees 59 minutes 49 seconds West, 160.44 feet to a 2 inch wood fence corner post; (3) South 30 degrees 56 minutes 38 seconds West 94.55 feet to a 6 inch wood fence corner post; (4) South 13 degrees 21 minutes 47 seconds West, 75.38 feet to an 8 inch wood fence corner; thence leaving said road edge, North 71 degrees 01 minute 41 seconds West, 175.14 feet to a wooden split post in the edge of a pond; thence proceeding North 71 degrees 01 minute 41 seconds West, 54.51 feet to a point in the said pond; thence leaving said point in pond North 11 degrees 26 minutes 28 seconds East, 511.01 feet to an 8 inch wood fence corner post; thence South 87 degrees 00 minutes 00 seconds East, 311.77 feet to the point of beginning. INCLUDED IN THE ABOVE DESCRIPTION, BUT SPECIFICALLY EXCLUDED THEREFROM IS THE FOLLOWING DESCRIBED PROPERTY: BEGINNING on a 7 inch creosote corner fence post located approximately 15 feet south of the center of the Don Kerley Road, said post is the northwest corner of this described parcel, the northeast corner of Adam Gross and the northwest corner of the original John Birgy property; said post is further located North 81 degrees 22 minutes 47 seconds West, 46.5 feet from a water meter; North 43 degrees 31 minutes 28 seconds West 130.6 feet from a utility pole and approximately 1/10 mile east of the Russell Ridge Road intersection; thence leaving Adam Gross and going with the southern side of the Don Kerley Road South 87 degrees 00 minutes 00 seconds East 48.01 feet to a point on the southern side of a gravel drive; thence leaving the Don Kerley Road and going with the remainder of the John Birgy property along the southern side of said gravel drive South 54 degrees 45 minutes 31 seconds East 32.83 feet to a 6 inch treated fence post; South 46 degrees 11 minutes 20 seconds East 51.70 feet to a 3/8 inch rebar (set); thence leaving said gravel drive and continuing with Birgy South 11 degrees 55 minutes 38 seconds West 202.78 feet to a utility pole and North 78 degrees 31 minutes 40 seconds West 119.47 feet to a 3/8 inch rebar (set) in the easterly boundary of Adam Gross; thence leaving the remainder of the John Birgy property and going with Gross along a fence line North 11 degrees 26 minutes 28 seconds East 236.59 feet to the beginning.
Street Address: 114 Don Kerley Road, Crossville, TN 38555
Current Owner(s) of Property: Fabian Herbert and Wife, Michelle Herbert
Other interested parties: John C. Birgy and wife, Ruth A. Birgy
The street address of the above described property is believed to be 114 Don Kerley Road, Crossville, TN 38555, 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.
Terms of Sale will be public auction, for cash, free and clear of rights of homestead, redemption and dower, and the rights of Fabian Herbert, married, joined by wife, Michelle Herbert, and those claiming through them, and subject to the right of redemption by the DEPARTMENT OF REVENUE, STATE OF TENNESSEE by reason of tax lien of record in Book 1234, Page 202, Registers Office, Cumberland County, Tennessee, subject to any accrued taxes and restrictions.
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
Publication dates: JULY 3, 10, & 17, 2009
File No. 06-1427
LEGITIMATE JOB placement firms that work to fill specific positions cannot charge an upfront fee. For free information about avoiding employment service scams, write to the Federal Trade Commission, Washington, D.C., 20580 or call the National Fraud Information Center, 1-800-876-7060. This message is a public service of the Crossville Chronicle & Glade Sun.
LIEN NOTICE
July 11th, 2009 @ 10 a.m. at Webb Avenue Mini Storage, 430 Webb Avenue, Crossville, TN. Contents of the following storage units will be disposed of to satisfy owners lien.
D-60 Freddy Stults
PUBLIC NOTICE
The Tennessee Division or Air Pollution Control (TDAPC) has received requests for construction and/or modification of air contaminant sources as noted below. The proposed construction and/or modification is subject to part 1200-3-9-01(1)(h) of the Tennessee Air Pollution Control Regulations, which requires a public notification and 30-day public comment period. Interested parties may express their comments and concerns in writing to Mr. Barry R. Stephens, Director, Division of Air Pollution Control, 9th Floor, L & C Annex, 401 Church Street, Nashville, TN 37243-1531 within (30) days of the date of this notice. Questions concerning a source may be addressed to the assigned Division personnel at the same address or by calling 615-532-0554.
Individuals with disabilities who wish to participate should contact the Tennessee Department of Environment and Conservation to discuss any auxiliary aids or services needed to facilitate such participation. Such contact may be in person, by writing, telephone, or other means, and should be made no less than ten days prior to the end of the public comment period to allow time to provide such aid or services. Contact the Tennessee Department of Environment and Conservation ADA Coordinator, 12th Floor, 401 Church Street, Nashville, TN 37243, 1-866-253-5827. Hearing impaired callers may use the Tennessee Relay Service, 1-(800)-848-0298.
The applicant is Stone Peak Ceramics, Inc. with a mailing address of 238 Porcelain Tile Drive, Crossville, TN 38555. They seek to obtain an air contaminant permit (Division identification number 18-0120-07 / 962861P) for construction of a new Glazed Tile Manufacturing Process to be located at the same address. This proposed operation would consist of natural gas fired heaters, a glazing line and a natural gas fired kiln. A baghouse would be used for pollution control. There would be physical construction and regulated air contaminants would be emitted by this source. Mr. Younes Aleali is assigned Division person.
SUBSTITUTE TRUSTEE'S SALE
Default having been made in the payment of the debts and obligations secured to be paid by a certain Deed of Trust executed October 26, 2006 by Joshua A. Tollett and Angela Tollett, husband and wife to Richard K. Evans, as Trustee, as same appears of record in the office of the Register of Cumberland County, Tennessee, in Book 1246, Page 1189, and the undersigned having been appointed Substitute Trustee by instrument recorded in Book 1313, Page 2167, in the said Register's Office, and the owner of the debt secured, U. S. Bank, National Association, as successor trustee to Bank of America, N.A. as successor by merger to LaSalle Bank N.A., as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-FF18, having requested the undersigned to advertise and sell the property described in and conveyed by said Deed of Trust, all of said indebtedness having matured by default in the payment of a part thereof, at the option of the owner, this is to give notice that the undersigned will, on Wednesday, July 15, 2009 commencing at 03:00 PM, at the Front Door of the Courthouse, Crossville, Cumberland County, Tennessee proceed to sell at public outcry to the highest and best bidder for cash, the following described property, towit:
Situated in County of Cumberland, State of Tennessee.
Situated, lying, and being in the Third (3rd) Civil District of Cumberland County, Tennessee, bounded and described as follows: Beginning on a stake located in the southern right-of-way of Houston Road; thence with said road right-of-way South 50 degrees 5 minutes 34 seconds East 30.01 feet to a concrete block, said point being the northeast corner of the original tract of which this tract is a part; thence leaving said road right-of-way and with the eastern line of the original tract south 38 degrees 29 minutes 20 seconds west 646.53 feet to a stake; thence leaving said line north 49 degrees 7 minutes 51 seconds west 112.02 feet to a stake; thence south 38 degrees 29 minutes 20 seconds west 118.93 feet to a newly placed 1/2 inch rebar; thence north 49 degrees 22 minutes 4 seconds west 99.16 feet to a newly placed 1/2 inch rebar; thence north 38 degrees 40 minutes 31 seconds east 149.35 feet to a newly placed 1/2 inch rebar; thence south 49 degrees 7 minutes 51 seconds east 98.69 feet to a newly placed 1/2 inch rebar; thence proceeding south 49 degrees 7 minutes 51 seconds east 81.99 feet to a stake; thence north 38 degrees 29 minutes 20 seconds East 616.00 feet to the point of beginning. Containing 0.84 acre more or less as per survey by O.D. Pugh, Jr., RLS #699 located at 107 Livingston Road, Crossville, TN 38555, dated December 23, 2000. Being survey job number (20058-2). Note: The north meridian of the above description was calculated by using the deeded bearing of the western line (north 14 degrees 3 minutes 0 seconds east) as a basis for rotation.
Property Address: 450 Houston Road, Crossville, TN.
All right and equity of redemption, homestead and dower 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.
ARNOLD M. WEISS,
Substitute Trustee
Weiss Spicer Cash PLLC
208 Adams Avenue
Memphis, Tennessee 38l03
90l-526-8296
File # 7001-079596-FC
Published:
June 19
June 26
July 3
Home Loan Services/Joshua Tollett
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