Default having been made in the terms, conditions and payments provided for by a certain Deed of Trust given to Ascend Federal Credit Union and dated August 13, 2007, of record in Book 774, Page 2967-2982, Register’s Office, Rutherford County, Tennessee, executed by Michael Keller and wife, Jennifer Keller, to secure the indebtedness described, the entire sum having been declared due and payable as provided in said Deed of Trust, I, Glenn L. Cox, Substitute Trustee of record in Book 1067, Page 2652, Register’s Office of Rutherford County, Tennessee, by the virtue of the power and authority vested in me as Substitute Trustee, will sell to the highest bidder on September 30, 2011 at 1:00 p.m., at the main door of the courthouse in Murfreesboro, Rutherford County, Tennessee and further described as follows:

BEING Lot No. 76 Riverwalk P.R.D., Section II, Phase II, as shown by plat of record in Plat Book 24, Page 208, 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 Michael Keller and Jennifer Keller, husband and wife, by Warrant Deed from River Road Construction, LLC. of record in Record Book 143, Page 2869, Register's Office for Rutherford County, Tennessee.

Also known as Map No. 046N, Group A, Parcel No. 03100, 1022 E. McCoury Lane, Murfreesboro, TN, AORCT.

In the event of any discrepancy between the street address and the legal description of the property, the legal description shall control.

OTHER INTERESTED PARTIES: Wells Fargo Financial Bank, 3201 N. 4th Avenue, Sioux Falls, SD 57104 for a deed of trust recorded in Deed Book 619, Page 1162, Register’s Office for Rutherford County, Tennessee.

This sale is subject to any and all unpaid real estate taxes, all prior deeds of trust, restrictive covenants, easements and setback lines and any and all redemption rights.

Pursuant to T.C.A. § 35-5-117, a Notice of Right to Foreclose, if required, was given in accordance with Tennessee law.  A bankruptcy petition was filed and the automatic stay was lifted by the bankruptcy court. (In Re: Keller, Case No. 3:11-bk-04637, United States Bankruptcy Court for the Middle District of Tennessee (Order dated 06/15/11).

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. 

Glenn L. Cox, Substitute Trustee

P.O. Box 1121

Columbia, TN  38402-1121

(931) 388-3215

FORECLOSURE SALE NOTICE

WHEREAS, John Mayfield, by a Deed of Trust, dated July 5, 2006, of record in Record Book 651, Page 2029, Register’s Office for Rutherford County, Tennessee, conveyed to Randall Clemons, Trustee, the hereinafter described real property to secure payment of a promissory note as described in said Deed of Trust; and 

WHEREAS, Robert Evans Lee having been appointed Substitute Trustee by Wilson Bank & Trust, the owner and holder of said note by an instrument of record in Record Book 1077, Page 2425, Register’s Office for Rutherford County, Tennessee, with authority to act alone with the powers given the Trustee; and

WHEREAS, default having occurred with respect to the note secured by the Deed of Trust, and the full balance owing having been accelerated; and

WHEREAS, Wilson Bank & Trust, as the owner and holder of said note, has demanded that the real property covered by the Deed of Trust be advertised and sold in satisfaction of said debt and the cost of the foreclosure, in accordance with the terms and provisions of said note and Deed of Trust;

NOW, THEREFORE, notice is hereby given that I, Robert Evans Lee, Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon me in said Deed of Trust, will on October 21, 2011 at 2:00 PM., Central Time, at the front door of the Courthouse in Murfreesboro, Rutherford County, Tennessee, offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory or otherwise, homestead, dower and all other rights and exemptions of every kind as provided in said Deed of Trust, certain real property situated in Rutherford County, Tennessee, described as follows:

MAP and PARCEL 078B-D-014.00

A certain tract or parcel of land in Rutherford County, Tennessee, described as follows, to-wit:

Being Lot No. 123, of the The Foothills Subdivision, Section VIII, according to plat of same of record in Plat Book 14, page 63, Register's Office for Rutherford County, Tennessee, to which plat and survey reference is hereby made for a more complete details of location and description of said lot.

Being the same property conveyed to John Mayfield by Warranty Deed dated July 5, 2006 from Stephen Doyle Sadler d/b/a S & D Sadler Company of record in Record Book 651, page 2027, Register's Office, Rutherford County, Tennessee.

Subject property has the address of Lot 123 Foothills Drive, Murfreesboro, TN 37129

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, and/or to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.

Substitute Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by Successor Trustee’s Deed, as Substitute Trustee only.

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.

INTERESTED PARTIES are Rutherford County Property Tax Division

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

THIS 7th day of September, 2011

Run: September 11, 2011, September 18, 2011, September 25, 2011

Robert Evans Lee, Substitute Trustee

Lee & Lee Attorneys at Law, P.C.                       

109 East Gay Street

Lebanon, TN  37087

615-444-3900

NOTICE OF SUCESSOR TRUSTEE'S SALE

Default having been made in the payment of an indebtedness described in and secured by that certain Deed of Trust executed by FOREST RIDGE DEVELOPMENT, INC., to David Major, Trustee, of record in Record Book 606, page 2665, in the Register's Office of Rutherford County, Tennessee, embracing real estate hereinafter described, and Pinnacle National Bank (formerly Bank of the South), the holder of said indebtedness having declared the entire unpaid balance immediately due and payable, and said Note not having been paid, and the undersigned, George H. White of Rutherford County, Tennessee, having been appointed as Successor Trustee by an instrument duly recorded in the Register's Office of Rutherford County, Tennessee, and said holder having directed him so to do.

NOTICE IS HEREBY GIVEN, that he will on TUESDAY, SEPTEMBER 27, 2011, at or about the hour of 11:00 A.M., at the east door of the courthouse (Public Square) in Murfreesboro, Rutherford County, Tennessee, SELL to the highest and best bidder for cash and free from all right of homestead exemption in and equitable and statutory redemption of the following described parcel of real estate situated in Rutherford County, Tennessee, to-wit: 

BEING a portion of a tract of land in the 11th Civil District, Rutherford County, Tennessee; said tract being known as Parcel 2 of Map 137 of the Rutherford County Property Assessor’s Mapping System and being the property of David Edwin Todd, Jr., per Deed Book 311, Page 958.  Said tract being bounded as follows:  on the north by Lots 23 through 27 of Forest Ridge, Section One, Plat Book 27, Page 249, and the southern terminus of Lila Drive (a 50’ wide county right-of-way); on the east by Lot 19 through 21 of Forest Ridge, Section One, and the eastern terminus of Ed Todd Drive (a 50’ wide county right-of-way), the lands of Lewis Perry, Record Book 205, Page 2999, and the lands of Jerry L. and Evelyn S. Benefield, Deed Book 539, Page 375; on the south by the lands of J. G. Adcock, Deed Book 656, Page 211; and on the west by the remaining lands of David Edwin Todd, Jr.  All references made herein are of the Register’s Office, Rutherford County, Tennessee.  Said portion being more particularly described as follows:

BEGINNING at an iron pin found, said pin being the northwest corner of Lot 21 and a break in the south line of Lot 23, Forest Ridge, Section One, thence with the west line of Lots 21, 20, 19, and the western terminus of Ed Todd Drive, S 05°28’49” W, 556.36 feet to an iron pin found, said pin being the southern corner of the western terminus of Ed Tood Drive, and the northwest corner of the lands of Perry; thence with the west line of Perry, S 05°28’49” W, 72.65 feet to an iron pin found; thence, S 06°01’23” W, 532.12 feet to an iron pin found; thence S 04°41’07” W, 469.05 feet to an iron pin found, said pin being the southwest corner of Perry; thence with the south line of Perry, S 82°41’05” E, 331.99 feet to an iron pin found; thence, S 80°35’19” E, 351.59 feet to an iron pin found; thence S 77°03’55” E, 251.62 feet to an iron pin found; thence S 30°40’30” E, 86.27 feet to an iron pin found; thence, S 80°51’30” E, 508.48 feet to a concrete monument found, said monument being the northwest corner of Benefield; thence with the west line of Benefield, S 06°48’41” W, 623.70 feet to an iron pin set, said pin being a break in the north line of Adcock and the southeast corner of this tract; thence with the north line of Adcock, N 84°48’15” W, 304.33 feet to an iron pin set; thence, N 88°17’45” W, 147.33 feet to an iron pin set; thence S 85°16’31” W, 130.48 feet to an iron pin set; thence S 76°50’22” W, 68.91 feet to an iron pin set; thence, N 87°13’00” W, 1428.60 feet to an iron pin set; thence, N 83°33’31” W, 49.42 feet to an iron pin set; thence, N 86°12’41” W, 493.67 feet to an iron pin set; thence leaving the north line of Adcock and crossing and severing the lands of Todd, and with a wire fence, N 18°35’25” E, 649.46 feet to an iron pin set; thence, N 24°41’40” E, 471.58 feet to an iron pin set; thence N 17°28’29” E, 295.95 feet to an iron pin set; thence, N 06°43’26” E, 1,194.74 feet to an iron pin set in the south line of Lot 27, Forest Ridge, Section One; thence with the south line of Lots 27, 26, and 25, Forest Ridge, Section One, S 84°14’54” E, 302.01 feet to an iron pin found, said pin being a break in the south line of Lot 25; thence with the south line of Lot 25, the southern terminus of Lila drive, and the south line of Lots 24 and 23, S 84”32’05” E, 445.60 feet to the point of beginning, containing 3,340,282 square feet or 76.682 acres, more or less, by a survey performed by Site Engineering Consultants, Inc.

THE herein described tract is subject to any/all easements or restrictions, recorded or prescribed, that a complete and current title search may reveal.

Being the same property conveyed to Forest Ridge Development, Inc. in Record Book 606, page 2663, of the Register’s Office of Rutherford County, Tennessee.

INCLUDED IN THE ABOVE DESCRIPTION, BUT SPECIFICALLY EXCLUDED FROM THIS CONVEYANCE are Lots 46, 47, 48, 49, 60, 67, 69, 70, 71, 72, 73, 74, 80, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 163, 164, 170, and 171 of Forest Ridge Subdivision, Section III, Phase I, according to the Final Plat of same appearing of record in Plat Book 30, page 264, of said Register’s Office.

Said sale will be made for the purpose of satisfying said indebtedness, and the undersigned Successor Trustee will deliver to the Purchaser a Successor Trustee's Deed conveying said property without any covenant or warranty expressed or implied but subject to all unpaid taxes and any liens which take priority as a matter of law.

The Successor Trustee at his sole discretion may at the time and place appointed for this sale in order to accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances by oral announcement elect to adjourn the sale during regular business hours on the same day or on a different day, or at a different place, so long as no potential purchaser is thereby precluded from placing a bid.

The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Successor Trustee, 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 ready, willing, and able to comply with the terms thereof.  The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust.

INTERESTED PARTIES: Forest Ridge Development, Inc.

                         Kim Wood

                         Mark Wood

George H. White, Successor Trustee

White & Polk, P.C.

107 West College Street

Murfreesboro, TN 37130

(615) 893-6592

Publish: September 4, September 11, and September 18, 2011

Murfreesboro Post

Date of Sale: September 27, 2011 at 11:00 a.m.