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Sun, Jul 13, 2014

Legal and Public Notices for 12/01/13- Foreclosure Sales & Notices of Substitute Trustee's Sales

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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 July 22, 2010, executed by AUDRA H. TRUE AND CHRISTOPHER M. TRUE, conveying certain real property therein described to FIDELITY NATIONAL TITLE, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded July 30, 2010, in Deed Book 1005, Page 3143-3152 (see also the Subordination Agreement at Record Book 1007, Page 1099); 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 Rutherford 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 9, 2014 at 10:00 AM at the Ramada Murfreesboro, 1855 S. Church Street, Murfreesboro, TN 37130, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Rutherford County, Tennessee, to wit: A CERTAIN TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING LOT NO. 16, OF CHANEYWOODS, SECTION TWO OF RECORD IN PLAT BOOK 19, PAGE 15, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TN, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION. BEING THE SAME PROPERTY CONVEYED TO CHRISTOPHER M. TRUE AND AUDRA H. TRUE, HUSBAND AND WIFE BY A DEED FROM JOHN M. HAMMOND AND LYNNE B. HAMMOND, HUSBAND AND WIFE, DATED MARCH 12, 2001 AND RECORDED MARCH 23, 2001 IN BOOK 54, PAGE 423, RUTHERFORD COUNTY RECORDS. PARCEL ID NO.: 028A-B-035.00 Parcel ID: 028A-B-035.00 PROPERTY ADDRESS: The street address of the property is believed to be 830 CHANEY WOODS DR., LA VERGNE, TN 37086. 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): AUDRA H. TRUE AND CHRISTOPHER M. TRUE OTHER INTERESTED PARTIES: MERS AS NOMINEE FOR DECISION ONE MTG CO. 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 #63264: 2013-12-01  2013-12-08, 2013-12-15

 

 

 

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 June 3, 2008, executed by ROBERT W. BART SR., AMANDA E. MYERS, TRAVIS MYERS, conveying certain real property therein described to MATT B. MURFREE, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded June 13, 2008, in Deed Book 850, Page 1783; 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 Rutherford 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 9, 2014 at 10:00 AM at the Ramada Murfreesboro, 1855 S. Church Street, Murfreesboro, TN 37130, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Rutherford County, Tennessee, to wit: BEING LOT. 152, ON THE PLAN OF FINAL PLAT, FALL CREEK SUBDIVISION, PRD, SECTION 5, PHASE 2, AS THE SAME APPEARS OF RECORD IN PLAT BOOK 29, PAGE 199, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT SPECIFIC REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. BEING THE SAME PROPERTY CONVEYED TO AMANDA E. MYERS, MARRIED AND ROBERT W. BART, SR., MARRIED BY DEED FROM GREENVALE CONSTRUCTION LLC, A TENNESSEE LIMITED LIABILITY COMPANY, OF RECORD IN BOOK 850, PAGE 1781, SAID REGISTER`S OFFICE. PROPERTY ADDRESS: The street address of the property is believed to be 301 NIAGRA LANE, MURFREESBORO, TN 37129. 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): ROBERT W. BART SR., AMANDA E. MYERS, TRAVIS MYERS OTHER INTERESTED PARTIES: Discover 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 #63647: 2013-12-01  2013-12-08, 2013-12-15 

 

 

 

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 April 15, 2010, executed by COURTNEY D. SANDERS, conveying certain real property therein described to ANDREW C. RAMBO, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded April 16, 2010, in Deed Book 985, Page 1706; 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 Rutherford 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 9, 2014 at 02:00 PM at the courthouse door where the foreclosure sales are customarily held , located in Murfreesboro, 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 Rutherford County, Tennessee, to wit: BEING ALL OF LOT NO. 132, ON THE PLAN OF FINAL PLAT, SECTION II, PHASE I, BELMONT, A PLANNED RESIDENTIAL DEVELOPMENT, ACCORDING TO PLAT AND SURVEY APPEARING OF RECORD IN PLAT BOOK 31, PAGE 90, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR MORE COMPLETE DETAILS OF LOCATION AND DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED COURTNEY D. SANDERS, AN UNMARRIED WOMAN, BY DEED FROM, OLE SOUTH PROPERTIES INC., A TENNESSEE CORPORATION, DATED APRIL 15, 2010, APPEARING OF RECORD IN RECORD BOOK 985, PAGE 1703, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. THIS CONVEYANCE IS MADE SUBJECT TO DECLARATION OF COVENANTS CONTAINED IN INSTRUTMENT OF RECORD IN RECORD BOOK 574, PAGE 1239, AMENDED IN RECORD BOOK 594, PAGE 2813, AND SUPPLEMENTED IN RECORD BOOK 611, PAGE 3754, IN RECORD BOOK 674, PAGE 1477, AND IN RECORD BOOK 720, PAGE 3282. RESTRICTIVE COVENANTS OF RECORD IN DEED BOOK 338, PAGE 897, AND IN DEED BOOK 338, PAGE 899; BY-LAWS OF RECORD IN RECORD BOOK 574, PAGE 1260; EASEMENT TO MIDDLE TENNESSEE ELECTRIC MEMBERSHIP CORPORATION (BLANKET-SECTION II) OF RECORD IN RECORD BOOK 716, PAGE 1684; EASEMENT TO MIDDLE TENNESSEE ELECTRIC MEMBERSHIP CORPORATION (BLANKET) OF RECORD IN RECORD BOOK 677, PAGE 1064, IN RECORD BOOK 562, PAGE 2974, AND IN RECORD BOOK 340, PAGE 75; EASEMENT TO CONSOLIDATED UTILITY DISTRICT OF RECORD IN DEED BOOK 629, PAGE 325, IN DEED BOOK 629, PAGE 329, AND IN DEED BOOK 629, PAGE 327; EASEMENT TO UNITED CITIES GAS COMPANY OF RECORD IN DEED BOOK 654, PAGE 39; CONVEYANCE TO STATE OF TENNESSEE FOR DEPARTMENT OF TRANSPORTATION PROJECT OF RECORD IN DEED BOOK 626, PAGE 884, AND IN DEED BOOK 626, PAGE 880; ARTICLES OF ORGANIZATION FOR "BELMONT PROPERTY, LLC, A TENNESSEE LIMITED LIABILITY COMPANY" OF RECORD IN RECORD BOOK 432, PAGE 2426; AND TO ANY AND ALL MATTERS SHOWN ON SAID PLAT AND SURVEY OF RECORD IN PLAT BOOK 31, PAGE 90; ALL OF SAID REGISTER`S OFFICE. Parcel ID: 50O-B/25.00 PROPERTY ADDRESS: The street address of the property is believed to be 372 SARAVA LN, SMYRNA, TN 37167. 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): COURTNEY D. SANDERS OTHER INTERESTED PARTIES: Belmont HOA, Inc. 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 #63536: 2013-11-24  2013-12-01, 2013-12-08 

 

 

 

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 December 10, 2004, executed by TINA MARIE MCCRARY AND MICHAEL HOWARD MCCRARY, conveying certain real property therein described to ARNOLD M. WEISS, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded December 20, 2004, in Deed Book 456, Page 1761-1772; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to THE BANK OF N YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES,SERIES 2004-13 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 Rutherford 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 December 26, 2013 at 10:00 AM at the Ramada Murfreesboro, 1855 S. Church Street, Murfreesboro, TN 37130, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Rutherford County, Tennessee, to wit: BEING ALL OF LOT 5, LYNNFORD OAKS, ACCORDING TO PLAT AND SURVEY OF SAME APPEARING OF RECORD IN PLAT BOOK 12, PAGE 174, OF THE REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT AND SURVEY REFERENCE IS HEREBY MADE FOR MORE COMPLETE DETAILS OF LOCATION AND DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO MICHAEL HOWARD MCCRARY AND WIFE TINA MARIE MCCRARY, AS TENANTS BY THE ENTIRETY, BY WARRANTY DEED FROM SALEM DEVELOPERS, INC., A TENNESSEE CORPORATION DATED JUNE 15, 1990, OF RECORD IN BOOK 445, PAGE 817, IN THE REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. THIS CONVEYANCE IS MADE SUBJECT TO RESTRICTIVE COVENANTS APPEARING IN INSTRUMENT OF RECORD IN DEED BOOK 413, PAGE 457, AND DEED BOOK 426, PAGE 460, OF THE REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE; TO AN EASEMENT TO MTEMC OF RECORD IN DEED BOOK 443, PAGE 665, SAID REGISTER`S OFFICE; AND TO MINIMUM BUILDING SETBACK LINE, WATER LINE EASEMENT AND OTHER MATTERS ALL AS SHOWN ON SUBDIVISION PLAT OF RECORD IN PLAT BOOK 12, PAGE 174, SAID REGISTER`S OFFICE. PROPERTY ADDRESS: The street address of the property is believed to be 200 LYNNFORD DR, MURFREESBORO, TN 37128. 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): TINA MARIE MCCRARY AND MICHAEL HOWARD MCCRARY 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 #63141: 2013-11-24  2013-12-01, 2013-12-08 

 

 


 

 

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 September 26, 2006, executed by RON HESSON, MARGARET PALMER, conveying certain real property therein described to ROBERT M. WILSON JR, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded October 2, 2006, in Deed Book 671, Page 1486-1500 (also see Affidavit of record in Record Book 673, Page 1844, said ROD`s Office); 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 Rutherford 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 December 19, 2013 at 02:00 PM at the courthouse door where the foreclosure sales are customarily held , located in Murfreesboro, 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 Rutherford County, Tennessee, to wit: LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING ALL OF LOT NO. 32, FINAL PLAT, PROVIDENCE POINTE, SECTION I, ACCORDING TO PLAT APPEARING OF RECORD IN PLAT BOOK 29, PAGE 14, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HERE MADE FOR MORE COMPLETE DETAILS OF LOCATION AND DESCRIPTION OF SAID LOT. BEING PART OF THE SAME PROPERTY CONVEYED TO RON HESSON AND WIFE, MARGARET PALMER FROM SWANSON CONSTRUCTION CO., LLC A TN LIMITED LIABILITY COMPANY, BY WARRANTY DEED., DATED JULY 31, 2005, APPEARING OF RECORD IN RECORD BOOK 671,PAGE 1484 OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. Parcel ID: 90C-E-032.00 PROPERTY ADDRESS: The street address of the property is believed to be 1532 Destiny Drive, Murfreesboro, TN 37130. 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): RON HESSON, MARGARET PALMER OTHER INTERESTED PARTIES: CITY OF MURFREESBORO, TENNESSEE 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 #63232: 2013-11-24  2013-12-01, 2013-12-08

 

 


 

 

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 29, 2006, executed by KEVIN CHRISTOPHER SHARPTON, conveying certain real property therein described to FEARNLEY AND CALIFF PLLC, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded December 1, 2006, in Deed Book 691, Page 1049-1062; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to U.S. BANK, N.A., SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR TRUSTEE TO LASALLE BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET- BACKED CERTIFICATES, SERIES 2007-FF1 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 Rutherford 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 9, 2014 at 10:00 AM at the Ramada Murfreesboro, 1855 S. Church Street, Murfreesboro, TN 37130, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Rutherford County, Tennessee, to wit: BEING LOT NO. 17, FOREST CROSSING VILLAGE, PHASE I, SECTION II, A PLANNED DEVELOPMENT, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 25, PAGE 256, OF THE REGISTER`S OFFICE OF RUTHERFORD 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 KEVIN CHRISTOPHER SHARPTON, HEREIN BY CASH DEED DATED 29TH DAY OF NOVEMBER, 2006, OF RECORD AT BOOK 691 PG 1047 IN SAID REGISTER`S OFFICE TENNESSEE. Parcel ID: 033K-B-012.00 PROPERTY ADDRESS: The street address of the property is believed to be 1019 SKY VALLEY TRAIL, SMYRNA, TN 37167. 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): KEVIN CHRISTOPHER SHARPTON OTHER INTERESTED PARTIES: Carrington Mortgage Services, LLC, First Franklin, a Division of National City Bank, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK, TOWN OF SMYRNA, TN 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 #63320: 2013-11-17  2013-11-24, 2013-12-01

 

 


 

 

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 January 5, 2007, executed by LADONNA CONNER AND SHAWN CONNER, conveying certain real property therein described to TRI STAR TITLE & ESCROW, LLC, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded January 9, 2007, in Deed Book 703, Page 3009-3022; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to U.S. Bank National Association, as Trustee, in trust for registered holders of First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 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 Rutherford 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 02:00 PM at the courthouse door where the foreclosure sales are customarily held , located in Murfreesboro, 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 Rutherford County, Tennessee, to wit: TRACT # 2: STARTING AT A POINT IN THE CENTER OF SWAMP ROAD AT THE SOUTHWEST CORNER OF THE LOT CONVEYED TO JONAS A. ROBINSON ET UX AS ABOVE SET FORTH; THENCE WITH THE CENTER OF SWAMP ROAD SOUTH 51 DEGREES 30 FEET WEST 136 FEET TO A POINT; THENCE NORTH 13 DEGREES WEST PASSING A STAKE ON THE NORTH MARGIN OF THE ROAD AND CONTINUING ON A DISTANCE OF 330 FEET TO A STAKE; THENCE NORTH 51 DEGREES 30 FEET EAST 136 FEET TO THE NORTHWEST CORNER OF THE ROBINSON PARCEL; THENCE WITH ROBINSON`S WEST LINE SOUTH 13 DEGREES EAST 330 FEET TO THE POINT OF BEGINNING AND CONTAINING A LITTLE LESS THAN ONE (1) ACRE, AND WHICH TRACT IS BEING RETAINED BY THE GRANTOR HEREIN. BEING PART OF THE SAME PROPERTY CONVEYED TO LADONNA CONNER, MARRIED BY DEED FROM JAMES BARRETT, EXECUTOR OF THE LAST WILL AND TESTAMENT OF IVEY BARRETT, DATED JANUARY 5, 2007, APPEARING OF RECORD IN RECORD BOOK 703, PAGE 3003 OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. THIS CONVEYANCE IS MADE SUBJECT TO THE SUBJECT PROPERTY BEING SOLD IS DESCRIBED OF RECORD IN BOOK 253, PAGE 275 AS TRACT #2; RESERVATION OF WELL WATER RIGHTS OF RECORD IN BOOK 253, PAGE 275; SUBJECT TO THE LAST WILL AND TESTAMENT OF IVEY BARRETT OF RECORD IN WILL BOOK 37, PAGE 122; ALL OF SAID REGISTER`S OFFICE. SHAWN CONNER JOINS HEREIN SOLELY FOR THE PURPOSE OF CONSENTING TO THIS DEED OF TRUST AND RELEASING AND CONVEYING TO THE TRUSTEE, ANY AND ALL RIGHTS, TITLE AND INTEREST HE MAY HAVE IN THE PROPERTY, WHETHER ARISING BY VIRTUE OF MARRIAGE OR OTHERWISE. Parcel ID: 047-039.00 PROPERTY ADDRESS: The street address of the property is believed to be 1976 LEANNA SWAMP RD, MURFREESBORO, TN 37129. 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): LADONNA CONNER AND SHAWN CONNER OTHER INTERESTED PARTIES: Mortgage Electronic Registration Systems, Inc., ("MERS") as nominee for FIRST FRANKLIN FINANCIAL CORP., AN OP. SUB. OF MLB&T CO., FSB, NORTH STAR CAPITAL ACQUISITIONS 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 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 #63309: 2013-11-17  2013-11-24, 2013-12-01


 

 

 

 

SUBSTITUTE TRUSTEE'S SALE

 

Sale at public auction will be on December 10, 2013 on or about 11:00AM local time, at the Front (East) door of the old Rutherford County Courthouse, in the center of the square, Murfreesboro, Tennessee, , conducted by the Substitute Trustee as identified and set forth herein below, pursuant to Deed of Trust executed by GWEN BELL AND LESLI R KAPLAN, to MARY L ARONOV OF SHELBY COUNTY, Trustee, on December 20, 2004, at Record Book 465, Page 1238 in the real property records of Rutherford County Register's Office, Tennessee.

 

Owner of Debt: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE OF THE AAMES MORTGAGE INVESTMENT TRUST 2005-1

 

The following real estate located in Rutherford County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:

 

SITUATED in the 20th District of Rutherford County, State of Tennessee, and being more particularly described as follows, to wit:

 

BEING all of Lot No. 14, PIONEER PLACE, according to survey and plat of same appearing of record in plat book 19, page 169, of Register`s office of Rutherford County, Tennessee, to which plat reference is hereby made for a more complete details as to location and description of said lot.

 

Subject to the restrictive covenants of record in Deed Book 613, Page 55, to the easement to Consolidated Utility DIstrict of record in Deed Book 463, Page 234, and to any and all other matters as shown on subdivision plat of record in Plat Book 19, Page 169, of the Register`s Office for Rutherford County, Tennessee

 

Parcel Number: Grp:  158A  Ctrl Map:  E Parcel:  01400

 

Current Owner(s) of Property:  GWEN BELL AND LESLI R KAPLAN

 

The street address of the above described property is believed to be 133 WAGON TRAIL, MURFREESBORO, TN 37128, 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 OCCUPANT(S) RIGHTS IN POSSESSION.

 

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. THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE.  IF THE SALE IS SET ASIDE FOR ANY REASON, THE PURCHASER AT THE SALE SHALL BE ENTITLED ONLY TO A RETURN OF THE DEPOSIT PAID.  THE PURCHASER SHALL HAVE NO FURTHER RECOURSE AGAINST THE GRANTOR, THE GRANTEE, OR THE TRUSTEE.

 

OTHER INTERESTED PARTIES: IN FAVOR OF RUTHERFORD COUNTY CODES ADMINISTRATION

 

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

 

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.

 

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. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid.  The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney.

 

MWZM File No.  13-003502-670

 

JASON S. MANGRUM, J.P. SELLERS, LORI LIANE LONG, Substitute Trustee(s)

 

PREMIER BUILDING, SUITE 404

 

5217 MARYLAND WAY

 

BRENTWOOD, TN 37027

 

PHONE:  (615) 238-3630

 

EMAIL:  INFO@MWZMLAW.COM

 

 


 

 

NOTICE OF SUBSTITUTE TRUSTEE'S SALE

 

WHEREAS, Mid-Cumberland Development, Inc. executed a Deed of Trust to Randall Clemons, Trustee, dated December 31, 2008, of record in Record Book 887, Page 3020, Register’s Office for Rutherford County, Tennessee, to secure an indebtedness evidenced by a Promissory Note payable to the order of Wilson Bank & Trust, hereinafter referred to as the “Deed of Trust”; and  

 

WHEREAS, said conveyance was made for the purpose of securing the payment of certain sums as evidenced by a Promissory Note payable to the order of Wilson Bank & Trust; and,

 

WHEREAS, Byron M. Gill was appointed Substitute Trustee by instrument dated October 4, 2013, of record in Record Book 1254, Page 1186, Register's Office for Rutherford County, Tennessee; and,

 

WHEREAS, the Deed of Trust provided that in the event of default in payment of the Promissory Note and interest when due, the entire indebtedness shall, at the option of the legal owner or holder of the Note, become due and payable immediately; and,

 

WHEREAS, default has been made in the payment of the Promissory Note, and the indebtedness is now due and in default, and the owner and holder of the Note has declared the entire balance to now be due and payable, demand for payment having been made and refused, the Deed of Trust containing a power of sale in the event of default, the legal owner and holder of the Note has instructed the undersigned Substitute Trustee to foreclose the Deed of Trust.

 

NOW, THEREFORE, by virtue of the authority vested in me by the Deed of Trust and Appointment of Substitute Trustee, Byron M. Gill will, on the 10th day of December, 2013, at the hour of 11:00 a.m., local time, offer for sale at the east door of the Rutherford County Courthouse in Murfreesboro, Rutherford County, Tennessee, to the last, highest, and best bidder for cash, free from all rights and equities of redemption, homestead, dower, and of all other rights of exemptions of every kind as provided in the Deed of Trust, the following tract or parcel of land situated and lying in Rutherford County, Tennessee, together with all appurtenances and improvements thereunto belonging, which property is more particularly described as follows:

 

PARCEL A:

 

Located in the 20th Civil District of Rutherford County, Tennessee.  BOUNDED on the north by property of now or formerly M. B. Parsons; the east by U.S. Highway #231 and property of Thomas C. Smotherman, et ux, Deed Book 224, page 518; the south by property of Thomas C. Smotherman, said Deed Book and page, property of Mitchell Spencer, et ux, Deed Book 255, page 429, property of Allen Gambill, et ux, Deed Book 213, page 433, property of Donald Mullins, et ux, Deed Book 257, page 254, property of Ronnie D. Romans, et ux, Deed Book 235, page 325; property of S. J. Allman, Jr., et ux Deed Book 222, page 460, property of S. J. Allman, Deed Book 182, page 314, and property of Blanche Bessie Reed, Deed Book 207, page 8; the west by property of Gilbert Barber, Deed Book 182, page 495.

 

BEGINNING at a pin on the west right of way of U. S. Highway #231 30 feet from the centerline, this being a SE corner of this tract and the NE corner of Thomas C. Smotherman; thence leaving right of way of highway and with north fence of T. C. Smotherman, N 89 deg. 25’ 17” W, 632.86 feet to a pin by a 20 inch hackberry in old fence line, being the NW corner of Smotherman; thence with west fence of Smotherman, S 7 deg. 00’ 43” W, 183.54 feet to a pin in old fence line in north fence of Mitchell Spencer; thence with north fence of Spencer and Allen Gambill, N 89 deg. 27’ 47” W, 795.67 feet to a pipe found; thence with north fence of Donald Mullins, N 88 deg. 51’ 52” W 174.70 feet to a pin; thence with north fence of Ronnie D. Romans, N 89 deg. 20’ 18” W, 876.88 feet to a pin by corner post; thence with north fence of S. J. Allman, Jr., S. J. Allman and Blanche Bessie Reed, N 89 deg. 34’ 46” W, 740.10 feet to a pin at intersection of fences in east fence of Gilbert Barber, being the SW corner of this tract; thence with east fence of Barber, N 4 deg. 49’ 20” E, 864.27 feet to a pin; thence continuing N 39 deg. 17’ 03 deg. E, 8.11 feet to a pin, being the NW corner of this tract; thence with south fence of now or formerly M. B. Parsons as follows, N 89 deg. 21’ 21” E, 406.12 feet to a pin; thence S 89 deg. 19’ 47” E, 1,689.63 feet to a pin; thence S 89 deg. 15’ 41” E, 1,149.92 feet to a pin on the west right of way of U. S. Highway #231, 30 feet from the centerline; thence with the west right of way of said highway, 30 feet from and parallel with centerline, S 6 deg. 41’ 45” W, 692.89 feet to the beginning, containing 62.25 acres, more or less.

 

INCLUDED IN THE ABOVE DESCRIPTION, BUT EXPRESSLY EXCLUDED FROM THIS CONVEYANCE, is a 0.820 acres parcel and a 0.799 acres parcel conveyed to the State of Tennessee and further described in deeds of record in Deed Book 447, page 819, and Deed Book 480, page 474, both of said Register’s Office, and a 1.0 acre lot conveyed to James C. Richmond and further described in deed of record in Deed Book 544, page 230, of said Register’s Office.

 

Also included in the above described property but excluded from this conveyance is the following:  Land in Rutherford County, Tennessee, being Final Minor Plat, Lot No. 51, Richmond’s Retreat, according to plat appearing of record in Plat Book 33, page 289, of the Register’s office of Rutherford County, Tennessee, to which plat reference is here made for more complete details of location and description of said lot, by deed of record in Record Book 833, page 2747, Register’s Office, Rutherford County, Tennessee.

 

THIS conveyance is made subject to an easement to Consolidated Utility District of record in Deed Book 499, page 40; and a Rutherford County Board of Commissions Type III Conditional Use Permit of record in Record Book 668, page 2966, both of said Register’s Office.

 

Being the same property conveyed to Mid-Cumberland Development, Inc. by Substitute Trustee’s Deed from Robert Evans Lee, Substitute Trustee, dated December 31, 2008, of record in Record Book 887, Page 3016, Register’s Office for Rutherford County, Tennessee.

 

PARCEL B:

 

A certain tract of real estate located in the 20th Civil District of Rutherford County, State of Tennessee and the City of Christiana, Tennessee, and being described as follows, to-wit:

 

BEGINNING at a point in the center of Walnut Grove Road at the southwest corner of the Horace E. Smotherman Property (D.B. 495, Page 199) and the southeast corner of the property herein described; thence following the said center North 84 deg. 53’ 28” West 114.04 feet; North 84 deg. 54’ 59” West 198.23 feet; thence leaving the said center North 6 deg. 38’ 00” East 25.00 feet to a metal pin (new); thence North 6 deg. 38’ 00” East 219.22 feet to a metal pipe (old); thence South 85 deg. 20’ 00” East 22.00 feet to a metal pin (new); thence North 6 deg. 55’ 46” East 120.10 feet to a metal pin (old); thence North 85 deg. 10’ 25” West 373.67 feet to a metal pin (old) in fence; thence North 6 deg. 28’ 31” East 508.38 feet to a metal pipe (old) at fence corner; thence South 84 deg. 54’ 26” East 602.41 feet to a fence post; thence South 85 deg. 34’ 18” East 141.20 feet to a metal pin (new); thence South 11 deg. 47’ 00” West 853.39 feet to a metal pin (new); thence South 11 deg. 47’ 00” West 25.00 feet to the point of beginning and containing 11.07 acres, lying in the 20th Civil District of Rutherford County, TN, for title source see D.B. 361, page 810 in the Register’s Office, Rutherford County, Tennessee.

 

Included in the above description but expressly excluded is the following:

 

A certain parcel of real estate located in the 20th Civil District of Rutherford County, State of Tennessee and being described as follows, to-wit:

 

Land in Rutherford County, Tennessee, being Final Minor Plat, Lot No. 54, Richmond’s Retreat, according to plat appearing of record in Plat Book 33, page 290, of the Register’s Office of Rutherford County, Tennessee, to which plat reference is here made for more complete details of location and description of said lot.

 

Being the same property conveyed to Mid-Cumberland Development, Inc. by Substitute’s Trustee’s Deed from Robert Evans Lee, Substitute Trustee, dated December 31, 2008, of record in Record Book 887, Page 3013, Register’s Office for Rutherford County, Tennessee.

 

INCLUDED IN THE ABOVE DESCRIPTIONS OF PARCEL A AND PARCEL B, BUT EXPRESSLY EXCLUDED THEREFROM, are the following lots as further described in Deeds of record in Record Book 1081, Page 3948; Record Book 1125, Page 2380; Record Book 1128, Page 2900; Record Book 1132, Page 1602; and Record Book 1157, Page 1660, Register’s Office for Rutherford County, Tennessee:

 

Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 50, and 52, on the Final Plat of Richmond’s Retreat, Section 1, according to plat and survey of same appearing of record in Plat Book 35, Page 292, of the Register’s Office of Rutherford County, Tennessee, to which plat reference is hereby made for more complete details of location and description of said lots.

 

Further reference is made to Deed of Trust of record in Record Book 887, Page 3020, and Appointment of Substitute Trustee of record in Record Book 1254, Page 1186, Register’s Office for Rutherford County, Tennessee.

 

This property is located in Richmond’s Retreat Development, Shelbyville Highway/Walnut Grove Road in Christiana, Tennessee.

 

The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day, time, and place of sale set forth above.

 

The Substitute Trustee will make deed to the purchaser in accordance with the terms of the Deed of Trust.  This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes which exist as a lien against said property, including without limitation city and county property taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any prior liens or encumbrances that may exist against the property.  This sale is also subject to any matter that an accurate survey of the premises might disclose and/or any tenant(s) rights in possession.

 

Lienholder:  Wilson Bank & Trust

 

Interested parties:  Mid-Cumberland Development, Inc.; Bryan Krabousanos; and Robert A. McCormick

 

If the highest bidder is unable to comply with the terms of the sale, the undersigned reserves the right to sell the property to the next highest bidder able to comply or to readvertise the sale if he so chooses.

 

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

 

This 14th day of November, 2013.

 

Byron M. Gill, Substitute Trustee

 

Rochelle, McCulloch & Aulds, PLLC

 

109 North Castle Heights Avenue Lebanon, TN 37087

 

(615) 443-8773

 

 


 

 

NOTICE OF TRUSTEE'S SALE

 

WHEREAS, default has occurred in the performance of the covenants, terms and conditions and/or payments of a certain Promissory Note, dated September 21, 2012, executed by Joseph Phillip Sadek, now deceased, but no Probate of Record filed in the Rutherford County Clerk’s Office and/or the General Sesssions Court for Rutherford County, Tennessee, to the Nashville Post Office Credit Union, and secured by a Deed of Trust from Joseph Phillip Sadek, to Sharon Rader, Trustee, of Record in Book 1162, Page 2310, Register's Office for Rutherford County, Tennessee; and further secured by an Open End Deed of Trust from Joseph Phillip Sadek, to Sharon Rader, Trustee, of Record in Book 1202, Page 3403, Register’s Office for Rutherford County, Tennessee;

 

WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. 35-5-117, was given in accordance with Tennessee law; 

 

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Sharon Rader, as Trustee or her duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Trustee will, on:  WEDNESDAY, DECEMBER 11, 2013, at 11:00 a.m., at the main front door of the Rutherford County Courthouse, 20 North Public Square, Murfreesboro, Tennessee, 37130, sell to the highest bidder, for Cash, and free from the equity of redemption, the statutory right of redemption, homestead, dower, statutory or elective rights, and all other exemptions of every kind, which are hereby expressly waived in said Deeds of Trusts, the following described property in Rutherford County, Tennessee to wit:

 

LAND in Rutherford County, Tennessee, being Lot No. 178 on the Plan of Deerfield Subdivision of record in Plat Book 10, Page 130, Register’s Office for said County, to which reference is made for a more complete description.

 

BEING a the same real property conveyed to Joseph Sadek and wife, Jodi L. Sadek, from Thomas Eugene  Norman and wife, Connie S. Norman, by Warranty Deed recorded on April 3, 1997, in Book 594, Page 247, Register's Office for Rutherford County, Tennessee.  Joseph Sadek is one and the same person as Joseph P. Sadek.

 

The said Jodi L. Sadek conveyed her interest in the subject property to Joseph Sadek by Quitclaim Deed, recorded on August 23, 2012, Book 1153, Page 3611, Register’s Office for Rutherford County, Tennessee.

 

This is improved property known as:

 

598 Spike Trail, Murfreesboro, Rutherford County, Tennessee 37129

 

This sale is subject to all matters shown in any applicable recorded plan; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; and statutory rights 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 subject to any matter that an accurate survey the premises might disclose. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.

 

OTHER KNOWN INTERESTED PARTIE(S) TO THIS SALE:

 

The Estate of Joseph P. Sadek, Deceased, in C/O: Josiah Sadek

 

Josiah Sadek, Adult Benericiary of the Estate of Joseph P. Sadek, Deceased

 

Bethany Faith Sadek, a Minor Child Beneficiary of the Estate of Joseph P. Sadek,

 

Deceased, in C/O: Jodi Sadek, her Mother and the Natural Guardian of

 

Bethany Faith Sadek

 

The right is reserved to adjourn the day of 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 (i) accepting the next highest bid on which the bidder is able to comply, or (ii) re-advertising and sell the real estate at a second sale.  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.

 

The Trustee will make no covenant of seisin, marketability of title or warranty of title, express or implied, and will sell and convey the subject real property by Trustee's Quitclaim Deed as Trustee only.

 

This notice shall be published in THE MURFREESBORO POST, a newspaper of general circulation published in Rutherford County, Tennessee, on the following days: SUNDAY, NOVEMBER 17, 2013; SUNDAY, NOVEMBER 24, 2013; and SUNDAY, DECEMBER 01, 2013.    DATE OF SALE WILL BE APPROXIMATELY TWENTY (20) DAYS AFTER THE FIRST PUBLICATION DATE ON WEDNESDAY, DECEMBER 11, 2013, AT 11:00 A.M.  THIS LAW FIRM IS ATTEMPTING TO COLLECT A LAWFUL OWED DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.  FRED C. DANCE, Attorney at Law, 234 First Avenue South, Franklin, Tennessee 37064; Phone No. (615) 794-3450; Fax No. (615) 794-3510.

 

 


 

 

FORECLOSURE SALE

 

Default having been made by failure to comply with the terms and conditions of a certain Deed of Trust dated April 18, 2001, executed by Daisy Halfacre, also known as Daisy LaMontagne and Wayne B. Halfacre, Joint Tenants, recorded in Record Book 62, Page 2035, Register’s Office for Rutherford County, Tennessee, and wherein the said Daisy Halfacre, also known as Daisy LaMontagne and Wayne B. Halfacre, Joint Tenants, conveyed the property therein described to William C. Ford, Trustee, to secure the indebtedness therein described, and the entire indebtedness having been declared due and payable as

 

provided in said Deed of Trust and note, and payment not having been made as demanded; and the undersigned, Joel E. Jordan, of 3326 Aspen Grove Drive #604, Franklin, Tennessee 37067, having been appointed as Substitute Trustee in the place and stead of William C. Ford, Trustee, said appointment being set forth in the Register’s Office for Rutherford County, Tennessee, notice is hereby given that I, Joel E. Jordan, Substitute Trustee, having been requested so to do by the lawful owner of said indebtedness, will on Friday, January 3, 2014, at 12:00 Noon at the East door of the Rutherford County Courthouse, Murfreesboro, Tennessee, sell at public outcry to the highest and best bidder for cash, free from equity of redemption, homestead and dower, and all other exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following described real estate in Rutherford County, Tennessee:

 

A certain tract or parcel of land in Rutherford County, State of Tennessee, described as follows:  To-Wit:

 

BEING all of LOT 1, SALEMVIEW, SECTION ONE, according to plat and survey of same appearing in instrument of record in Plat Book 11, page 365, of the Register’s Office for Rutherford County, Tennessee, to which plat and survey reference is hereby made for more complete details of location and description of said lot.

 

Being the same property conveyed to Lawrence LaMontagne and wife, Daisy LaMontagne, as tenants by the entirety, by Warranty Deed from George J. Moody and wife, Phyllis M. Moody, dated September 6, 1990 and recorded in Deed Book 450, Page 722, Register’s Office of Rutherford County, Tennessee.

 

This is improved property known as 8137 Highway 99, Rockvale, TN 37153.

 

The 2012 taxes are currently due and payable.  Said sale is subject to any and all unpaid taxes and any other prior claims, liens, easements, set back lines and restrictions.

 

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.  THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE.

 

IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.

 

THE NOTICE OF RIGHT TO FORECLOSE HAS BEEN SENT AS REQUIRED BY T.C.A. §35-5-117.

 

JOEL E. JORDAN

 

Substitute Trustee

 

STELTEMEIER & WESTBROOK, PLLC

 

3326 Aspen Grove Drive, #604

 

Franklin, Tennessee 37067

 

Insertion Dates:  December 1, December 8 and December 15, 2013.

 

 

 

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