Ad #15579: 2011-09-25  2011-10-02, 2011-10-09 

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 February 19, 2004, executed by Zeta D. Woodruff, conveying certain real property therein described to AMERICAN MTG CLOSERS, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded February 27, 2004, in Deed Book 361, Page 921-936; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-HE4 who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register's Office of 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 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 October 13, 2011 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 LOT NO.30 PLANTATION COVE, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 26, PAGE 101, OF THE REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT. BEING PART OF THE SAME PROPERTY CONVEYED TO ZETA D. WOODRUFF, UNMARRIED FROM FIRST FRONTIER ENTERPRISES, LLC BY DEED DATED______, RECORDED __________, IN BOOK 361, PAGE 919, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. THIS CONVEYANCE IS MADE SUBJECT TO EASEMENTS AND/OR SETBACK LINES OF RECORD IN PLAT BOOK 26, PAGE 101; RESTRICTIONS OF RECORD IN BOOK 291, PAGE 1615; BY-LAWS OF RECORD IN BOOK 303, PAGE 561, ALL OF SAID REGISTER`S OFFICE. THE TAXES FOR THE CURRENT YEAR WHICH HAVE BEEN PRORATED AND ASSUMED BY THE GRANTEE(S) HEREIN. THIS CONVEYANCE IS MADE SUBJECT TO ANY AND ALL ZONING REGULATIONS, BUILDING RESTRICTIONS AND SETBACK LINES, IF ANY, AND EASEMENTS AND RIGHTS FOR PUBLIC UTILITIES APPLICABLE TO THIS PROPERTY. PARCEL ID: 101G-1-030.00 PROPERTY ADDRESS: The street address of the property is believed to be 1504 Factors Walk, 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): Zeta D. Woodruff OTHER INTERESTED PARTIES: NEW CENTURY MORTGAGE CORPORATION The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846

 Ad #15517: 2011-09-18  2011-09-25, 2011-10-02

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 10, 2005, executed by Renee Russell, 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 November 14, 2005, in Deed Book 564, Page 1076-1093; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-17 who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register's Office of 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 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 October 13, 2011 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. 1088, HORIZONTAL PROPERTY REGIME, PRIVATE ELEMENT PLAT, THE COTTAGES OF LAKE FOREST, PHASE ONE, ACCORDING TO PLAT AND SURVEY APPEARING OF RECORD IN PLAT BOOK 26, PAGE 115, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR MORE COMPLETE DETAILS OF LOCATION AND DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO RENEE RUSSELL, UNMARRIED, BY DEED FROM OLE SOUTH PROPERTIES, INC., A TENNESSEE CORPORATION, DATED NOVEMBER 10,2005, APPEARING OF RECORD, IN RECORD BOOK 564, PAGE 1074, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. THE CONVEYANCE IS MADE SUBJECT TO DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS CONTAINED IN INSTRUMENT OF RECORD IN `RECORD BOOK 249, PAGE 2619; BY-LAWS OF RECORD IN BOOK 249, PAGE 2652; EASEMENT TO TENNESSEE TELEPHONE COMPANY OF RECORD IN BOOK 371, PAGE 378; SURVEYOR`S CERTIFICATE OF CORRECTION OF RECORD IN BOOK 532, PAGE 2133, CHANGING STREET ADDRESS FROM ALEXANDER DRIVE TO ARLENE DRIVE; AND TO ANY AND ALL MATTERS SHOWN ON SAID PLAT AND SURVEY OF RECORD IN PLAT BOOK 26, PAGE 115; ALL OF SAID REGISTER`S OFFICE. PARCEL ID: 014J-C-001.00 PROPERTY ADDRESS: The street address of the property is believed to be 1021 Arlene Drive, 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): Renee Russell OTHER INTERESTED PARTIES: Cottages of Lake Forest Homeowners Association , North Star Capital Acquisitions, LLC , Countrywide Home Loans, 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 Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #15524: 2011-09-18  2011-09-25, 2011-10-02 

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 August 19, 2005, executed by John E. Perdue and Stephanie Perdue, 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 August 23, 2005, in Deed Book 535, Page 1307-1321; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to The Bank Of New York Mellon Fka The Bank Of New York, As Trustee For The Certificateholders CWABS,Inc., Asset-Backed Certificates,Series 2005-11 who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register's Office of 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 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 October 13, 2011 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. 8, 2ND AMENDMENT PLAT, LOTS 1-12, FLORENCE GREEN, ACCORDING TO SURVEY AND PLAT OF SAME APPEARING OF RECORD IN PLAT BOOK 28, PAGE 217, AS CORRECTED BY SURVEYOR`S CERTIFICATE OF CORRECTION IN RECORD BOOK 495, PAGE 563, ALL OF THE REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND DETAILED DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO BORROWER BY WARRANTY DEED RECORDED SIMULTANEOUSLY HEREWITH AND APPEARING OF RECORD IN RECORD BOOK 535, PAGE 1305 SAID REGISTER`S OFFICE. PARCEL ID: R0033611 PROPERTY ADDRESS: The street address of the property is believed to be 5138 Morgan Taylor Drive, 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): John E. Perdue and Stephanie Perdue OTHER INTERESTED PARTIES: Ascend Federal Credit Union , US Bank National Association as Trustee for C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-SL1 without recourse The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846

 Ad #15527: 2011-09-18  2011-09-25, 2011-10-02 

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 February 12, 2010, executed by DIANA WOODARD, JAMES M. WOODARD, conveying certain real property therein described to STEWART TITLE OF TN, INC., as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded February 19, 2010, in Deed Book 975, Page 2805-2826; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Freedom Mortgage Corporation who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register's Office of 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 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 October 13, 2011 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: A CERTAIN TRACT OR PARCEL OF LAND IN RUTHERFORD COUNTY, STATE OF TENNESSEE, DESCRIBED AS FOLLOWS, TO WIT: LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING ALL OF LOT NO. 115, FINAL PLAT, SECTION III, FLORENCE POINT SUBDIVISION, AS SHOWN BY PLAT APPEARING OF RECORD IN PLAT BOOK 31, PAGE 21, REVISING PLAT BOOK 30, PAGE 93, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR MORE COMPLETE DETAILS OF SAID LOT. BEING PART OF THE SAME PROPERTY CONVEYED TO R&H DEVELOPMENT, A TENNESSEE GENERAL PARTNERSHIP BY WARRANTY DEED DATED 05/03/2002 OF RECORDED IN RECORD BOOK 153, PAGE 1512, BEING PART OF THE SAME PROPERTY FURTHER CONVEYED TO R&H DEVELOPMENT, A TENNESSEE GENERAL PARTNERSHIP BY QUITCLAIM DATED 07/21/2004 OF RECORD IN RECORD BOOK 409, PAGE 1259 BEING PART OF THE SAME PROPERTY FURTHER CONVEYED TO GAVIN SEGROVES FLP BY QUITCLAIM DEED DATED 2/16/2007 OF RECORD IN RECORD BOOK 715, PAGE 1674 REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. THIS CONVEYANCE IS SUBJECT TO: MIDDLE TENNESSEE ELECTRIC MEMBERSHIP CORPORATION OF RECORD IN DEED BOOK 443, PAGE 552; SANITARY SEWER EASEMENT OF RECORD IN RECORD BOOK 52, PAGE 1411; SUBDIVISION EASEMENT AND STREET GRANT AS SHOWN OF RECORD IN BOOK 627, PAGE 2340; CONSENT JUDGMENT AND FINAL DECREE OF THE STATE OF TENNESSEE ON BEHALF OF DEPT. OF TRANSPORTATION OF RECORD IN DEED BOOK 589, PAGE 470, CHARTER OF HOA OF RECORD IN RECORD BOOK 614, PAGE 2941; APPLICATION FOR GREENBELT OF RECORD IN RECORD BOOK 170, PAGE 1688; SURVEYOR`S CERTIFICATE OF CORRECTION OF RECORD IN RECORD BOOK 663, PAGE 3258; ALL MATTERS SHOWN ON PLAT OF RECORD IN PLAT BOOK 30, PAGE 93; ALL IN THE REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. BE THE SAME MORE OR LESS BUT SUBJECT TO ALL LEGAL HIGHWAYS. PARCEL NUMBER 071-M-B-021.00 PROPERTY ALSO KNOWN AS 2718 APOSTLE LN, MURFREESBORO, TN 37129 TITLE ACUIRED IN DEED RECORD IN VOLUME 715, PAGE 1677, RECORDED FEBRUARY 20, 2007 PARCEL ID: 071-M-B-021.00 PROPERTY ADDRESS: The street address of the property is believed to be 2718 APOSTLE LN, 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): DIANA WOODARD, JAMES M. WOODARD 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 Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846

 Ad #15295: 2011-09-18  2011-09-25, 2011-10-02

NOTICE OF TRUSTEE’S SALE

WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a certain Note dated June 3, 2009, and the Deed of Trust of even date, securing the same, recorded June 5, 2009 at Record Book 925, pages 2095-2105 in the Register’s Office of Rutherford County, Tennessee, conveying certain property therein described to B. Jo Atwood, Trustee.

NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that the undersigned, B. Jo Atwood, Trustee by virtue of the power, duty and authority vested in and imposed upon said Trustee will, on the 26th day of October, 2011, on or about 10:00 a.m., at the Rutherford County Courthouse in Murfreesboro, Tennessee, offer for sale certain property hereinafter described to the highest bidder for CASH, free from the statutory right of redemption, homestead, dower and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Rutherford County, Tennessee, and being more particularly described as follows:

BEING all of Lot Nos. 7, 8, 9 and 10, W. J. Thurston Farm Subdivision, as shown by plat appearing of record in Deed Book 105, page 601, of the Register’s Office of Rutherford County, Tennessee, to which plat reference is hereby made for more complete details as to location and description of said lot.

ALSO KNOWN AS: Lots 7-10, Nashville Highway, Hwy. 41, 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.

The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, leases, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances, easements, as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. Owner:  Paul Skaggs.  Other interested parties:  MI Metals, Inc., Ultra Aluminum Mfg., Inc.

This sale held pursuant to this Notice may be rescinded at the Trustee’s option 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. The undersigned will sell and convey only as Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.

DATED September 20, 2011

B. JO ATWOOD, Trustee

ATWOOD & MOORE, ATTORNEYS

144 Uptown Square

Murfreesboro, TN  37129

(615) 895-2421

To be run:  Murfreesboro Post, Classified Ads, September 25th, October 2nd and October 9th.

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

SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE

DEFAULT having occurred in the performing terms of a promissory note described and secured by a Deed of Trust of record in Record Book 588, Page 1871, Register’s Office for Rutherford County, Tennessee; and executed on the January 30, 2006   by Randall Smith and wife, June Marie Smith conveying the property therein described to Anthony R. Steele,  Trustee, to secure said  indebtedness therein described to Vanderbilt Mortgage and Finance , Inc.  Appointment of Substitute Trustee, naming R.N. “BO” TAYLOR as  Substitute Trustee, which  is of record in Record Book 1079, Page 1331, Register’s Office for Rutherford County, Tennessee.

And DEFAULT having been made in the promising terms of said Deed of Trust, which contains the power to sell upon default, the owner and holder, in accordance with the terms of said Deed of Trust, hereby declares the entire debt due and payable and demands that the said R.N. “BO” TAYLOR, Substitute Trustee, sell the property in accordance with said Deed of Trust.

THEREFORE, notice is hereby given that I, R.N. “BO” TAYLOR, SUBSTITUTE TRUSTEE, by virtue of the power and authority vested in me by said Deed of Trust, will on October 21, 2011 at 10:00 a.m. at the front door of the Courthouse in Murfreesboro, Rutherford County, Tennessee, sell at public outcry to the highest bidder for cash, and free from the equity of redemption, homestead, dower and all other exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following land in Rutherford County, Tennessee, described as follows:

A certain tract or parcel of land located in the 14th Civil District of Rutherford County. Tennessee and being more fully described as follows:

BEGINNING at an iron rod (set) 16.39 feet fast of the approximate center of Threet Road and having as a lateral tie being North 28 degrees 45 minutes 29 seconds East 49.81 feet from the intersection of the said Threet Road and Williams Road, the southwest comer of James K_ Smith et ux Nancy H. Smith property of record in Deed Book 187, Page 235 and the southwest corner of the property herein described. Thence: along said Threet Road, North 9 degrees 32 minutes 43 seconds East 107.70 feet to a point 16.93 feet East of the approximate center of said road. Thence: North 8 degrees 27 minutes 27 seconds East 170.61 feet to a point 16.93 feet East of the approximate center of said road. Thence: North 8 degrees 58 minutes 51 seconds East 163.74 feet to an iron rod (set) 16.93 feet East of the approximate center of said road, the northwest corner of the property herein described. Thence: leaving said road. South 80 degrees 26 minutes 01 seconds East 457.55 feet to an iron rod (set) in a fence, the northeast corner of the property herein described. Thence: South 9 degrees 27 minutes 44 seconds West 483.01 feet to an Iron rod (set) 21.00 feet North of the approximate center of Williams Road, the southeast corner of the property herein described. Thence: along said Williams Road. North 80 degrees 32 minutes 16 seconds West 69.73 feet to a point 21.00 feet North of the approximate center of said road. Thence: North 80 degrees 19 minutes 22 seconds West 187.49 feet to a point 21.00 feet North of the approximate center of said road. Thence: North 76 degrees 42 minutes 39 seconds West 118.95 feet to a point 21.00 feet North of the approximate center of said road. Thence: North 76 degrees 04 minutes 22 seconds West 63.45 feet to an iron rod (set) 21.00 feet North of the approximate center of said road. Thence: North 17 degrees 07 minutes 31 seconds West 31.69 feet to the point of beginning and containing 5.01 acres more or less. For deed reference see Deed Book 187, Page 235, Register's Office of Rutherford County, Tennessee. As surveyed by Doyle M. Caffey, Surveyor, Tennessee Lic. No. 276 and Steven J. Caffey, Surveyor, Tennessee Lic. No. 1819 having an office address of 319 Lane Parkway, Shelbyville, Tennessee, 37160. Survey being dated December 16, 2005.

DESCRIPTION WAS COPIED FROM PREVIOUS DEED. NO NEW SURVEY WAS PERFORMED.

BEING the same property conveyed to Randall Smith and wife, June Marie Smith by Quitclaim Deed from Nancy H. Smith, widow, dated January 5, 2006 and filed January 13, 2006 of record in Record Book 582, Page 3980, Register's Office for said County. Said conveyance is a portion of the property conveyed to James K. Smith and wife, Nancy H. Smith by Deed, dated February 10, 1969 of record in Record Book 187, Page 235, Register's Office for said County.

This property includes a 2005 mobile home, Serial Number DSD4AL44122A which was purchased under an installment contract-security agreement which evidences the deed of trust and which will stay with the land.  The sale of this property is pursuant to Section 9-604 of the Uniform Commercial Code and Tennessee Annotated 47-9-604.

The sale of the above-described property shall be subject to all matters shown on any recorded plan; 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 any matter that an accurate survey of the premises might disclose.  Said sale will be in bar of the right and equity of redemption, homestead and dower, but subject to all tax and prior liens of record in the Register's Office for Rutherford County, Tennessee, which are applicable to this property and unpaid real estate taxes, if any.

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 sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option 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.

The 60 day notice of the right to foreclose, in accordance with T.C.A. 35-5-101, was sent by United States Mail, postage prepaid, to James and June Smith on May 11, 2011.

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

Dated, this 12th day of September, 2011.

R.N. “Bo” Taylor, Substitute Trustee

Attorney at Law

305 Fourteenth Avenue, North

Nashville, Tennessee 37203

(615) 859-0060

SUBORDINATE LIENHOLDERS:

FirstBank Book 799, page 2779

Internal Revenue Service Book 983, Page 3389

OTHER INTERESTED PARTIES: N/A

Dates of Publication: September 18, 2011, September 25, 2011, October 2, 2011