| Legal/Public Notices for 01-02-2011 (3) |
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Posted: Monday, January 3, 2011 4:50 pm
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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 June 7, 2007, executed by Betty K. Stone and Robert W. Stone, conveying certain real property therein described to Bob Armstrong, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded June 27, 2007, in Deed Book 757, Page 2614-2632; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 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 by 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 January 20, 2011 at 02:00 PM at the RUTHERFORD County courthouse door where the foreclosure sales are customarily held at the RUTHERFORD Courthouse, 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: THE FOLLOWING DESCRIBED PREMISES SITUATED IN RUTHERFORD COUNTY, STATE OF TENNESSEE, TO WIT: LOT 205, FINAL PLAT PHASE EIGHT, LAKE FOREST ESTATES, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 17, PAGE 99, IN THE REGISTER`S OFFICE, RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE PARTICULARLY DESCRIPTION OF SAID PROPERTY. THE DERIVATION OF SAME BEING: THE SAME BEING PROPERTY CONVEYED BY DEED EXECUTED BY CHRISTOPHER J. LUCAS, UNMARRIED, ON 8/27/2004, AS RECORDED ON 9-2-2004 AT BOOK/LIBER 424, PAGE/FOLIO 2179, INSTRUMENT NO. 1294466 IN THE LAND RECORDS OF RUTHERFORD COUNTY. PARCEL IDENTIFICATION NUMBER: 006J-F-015.00 PROPERTY ADDRESS: The street address of the property is believed to be 711 Alisa Cove, 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): Betty K. Stone and Robert W. Stone OTHER INTERESTED PARTIES: HSBC Bank Nevada, N.A. The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular us or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (888) 890-5309 Fax: (404) 601-5846
Ad #8295: 2010-12-26 2011-01-02, 2011-01-09
SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on January 25, 2011 at 2:00PM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by Kellie Farris and Dale S. Farris, Jr., wife and husband, to Andrew C. Rambo, Trustee, on December 17, 2007 at Book 809, Page 1965; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Rutherford County Register's Office.
Owner of Debt: CitiMortgage, Inc.
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:
Described property located in Rutherford County, Tennessee, to wit:
Lot Number 7 on the Plan of Westfield Subdivision, according to plat and survey of same of record in Plat Book 22, Page 44, of the Register's Office of Rutherford County, Tennessee, to which reference is hereby made for complete details of location and description.
Street Address: 6006 Lee Avenue, Murfreesboro, Tennessee 37129
Current Owner(s) of Property: Dale B. Farris, Jr. and wife, Kellie Farris
Other interested parties: Countrywide Bank, FSB, Countrywide, Bank of America and MERS
The street address of the above described property is believed to be 6006 Lee Avenue, Murfreesboro, Tennessee 37129, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
Notice of this Substitute Trustee’s Sale has been timely given to the State of Tennessee as required by T.C.A. § 67-1-1433(b)(1).
Terms of Sale will be public auction, for cash, free and clear of rights of homestead, redemption and dower, and the rights of Kellie Farris and Dale S. Farris, Jr., wife and husband, and those claiming through them, and subject to the right of redemption by the DEPARTMENT OF REVENUE, STATE OF TENNESSEE by reason of tax lien of record in Book 828, Page 1014 at the Register’s Office of Rutherford County, Tennessee, subject to any accrued taxes and restrictions.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.
If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.
This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor
Memphis, TN 38117
Phone (901)767-5566
Fax 901-767-8890
File No. 10-012141
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust to New Century Mortgage Corporation , dated May 31, 2006 and recorded on June 5, 2006 in Book 628, Page 1426, Instrument No. 1422461 Register's Office for Rutherford County, Tennessee from Damion Buford, ("Borrower") to Tri-Star Title & Escrow LLC, Trustee, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by the lawful owner and holder thereof; and The undersigned, Trustee Management Company, Successor Trustee, having been appointed Successor Trustee in instrument dated October 8, 2010 of record in Instrument No. 1698778, Book 1023, Page 1601, said Register's Office, to serve in the place and stead of Tri-Star Title & Escrow LLC, Trustee; NOW, THEREFORE, I, Trustee Management Company, Successor Trustee, pursuant to said Deed of Trust, having been requested by Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust 2006-2 , the owner and holder of said indebtedness so to do, and by virtue of the authority and power vested in me by said Deed of Trust will, on January 11, 2011 at 10:00 am, at the County Courthouse, in Rutherford County, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), free from the equity of redemption, the statutory right of redemption, homestead, dower, elective share, and all other exemptions of Borrower of every kind, all of which have been expressly waived by Borrower, the following-described property in Rutherford County, Tennessee: Being all of Lot No. 8221, on the plan of Final Plat, Phase Eighty Two, Lake Forest Estates, according to plat and survey appearing of record in Plat Book 29, Page 165, 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 Damion Buford, married, by deed from Harvest Homes, LLC, a Tennessee Limited Liability Company, dated May 31, 2006, appearing of in Record Book 628, page 1423, of the Register's Office of Rutherford County, Tennessee. The conveyance is made subject to Restrictive Covenants contained in Instrument of record in Book 563, page 3261; Ingress/Egress Easement of record in Book 184, page 439; Easement to United States of America (Sewart Air Force Base) of record in Book 117, page 193; Easement to United States of America (Sewart Air Force Base) of record in Book 118, page 549; Greenbelt Applications of record in Book 135, page 2570, page 2572, page 2574, page 2576, and in Book 103, page 1625; Drainage Easements of record in Book 394, page 505; Eighteen Inch Water Line Easement of record in Book 92, page 2716; Tennessee Telephone Company Easement of record in Book 371, page 378, and to any and all matters shown on said plat and survey of record in Plat Book 29, page 165; all of said Register's Office. Parcel No.: 53.00 More commonly known as: 107 Berele Shepsele Lane, Lascassas, TN 37085 The property is encumbered by No liens or claims of lien filed by the United States Internal Revenue Service in the Register's Office of Rutherford County. This property is encumbered by No liens or claims of lien filed by the State of Tennessee, Tax Enforcement Division, in the Register's Office of Rutherford County, Tennessee. Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Successor Trustee shall have the option of accepting the second highest bid, or the next highest bid with which the buyer is able to comply. The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above. This sale is subject to liens, easements, encumbrances, property taxes, rights of redemption of taxing entities and other matters, which are prior in right to the lien of the aforesaid Deed of Trust. Notice has been provided under T.C.A. § 35-5-117. KNOWN INTERESTED PARTIES: New Century Mortgage Corporation Carmel Financial Corporation Trustee Management Company Successor Trustee 10975 El Monte, Suite 225 Overland Park, KS 66211 NOTICE This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. Pursuant to the Fair Debt Practices Collections Act no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction. Ad #8148: 2010-12-19 2010-12-26, 2011-01-02
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 9, 2007, executed by Cynthia Gonzales, 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 February 20, 2007, in Deed Book 714, Page 3771-3786; 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 2007-5 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 by 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 January 13, 2011 at 02:00 PM at the RUTHERFORD County courthouse door where the foreclosure sales are customarily held at the RUTHERFORD Courthouse, 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. 48, CAYLA VILLAGE, SECTION 4-A, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 19, PAGE 88, 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 CYNTHIA GONZALES ON 04/17/2003, BY DEED FROM DAVID GERRY, FILED FOR RECORD ON 05/06/2003, IN BOOK 260, PAGE 2617, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. PROPERTY ADDRESS: The street address of the property is believed to be 402 Country Village Drive, 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): Cynthia Gonzales a/k/a Cynthia J. Gonzales OTHER INTERESTED PARTIES: Town of Smyrna The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular us or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (888) 890-5309 Fax: (404) 601-5846 Ad #8086: 2010-12-19 2010-12-26, 2011-01-02
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 July 24, 2009, executed by Donna E. Edwards, conveying certain real property therein described to Southeast Title, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded July 30, 2009, in Deed Book 937, Page 3365-3373; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 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 by 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 January 13, 2011 at 02:00 PM at the RUTHERFORD County courthouse door where the foreclosure sales are customarily held at the RUTHERFORD Courthouse, 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. 69, STONETRACE, SECTION THREE, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 20, PAGE 105, 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 DONNA E. EDWARDS, UNMARRIED BY DEED FROM DONALD R. DAY JR., AND WIFE, ROCHELLE C. DAY OF RECORD IN RECORD BOOK 937, PAGE 3363, REGISTER`S OFFICE FOR SAID COUNTY. PROPERTY ADDRESS: The street address of the property is believed to be 628 Stonetrace Drive, 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): Donna E. Edwards 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 us or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (888) 890-5309 Fax: (404) 601-5846 Ad #8056: 2010-12-19 2010-12-26, 2011-01-02
NOTICE OF SUBSTITUTE TRUSTEE'S SALE TENNESSEE, RUTHERFORD COUNTY
DEFAULT having been made in the terms, conditions and payments provided in certain Deed of Trust executed by Spencer A. Sells and David L. Sells and Alicia M. Pitman to Heritage Title Services, Trustee dated January 24, 2005 in the amount of $100,000.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 469, Page 2805 and re-recorded at Record Book 575, Page 3477, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to HSBC Bank USA as Trustee for Series SEQMT 2005-3 by assignment; and, HSBC Bank USA as Trustee for Series SEQMT 2005-3, as the current owner and holder of said Deed of Trust (the "Owner and Holder"), has appointed as Substitute Trustee the undersigned, , any of whom may act, by instrument filed for record in the Register's Office of Rutherford County, Tennessee with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; therefore, NOTICE is hereby given that the entire amount of said indebtedness has been declared due and payable as provided in said Deed of Trust by the Owner and Holder, and the undersigned as Substitute Trustee, or a duly appointed attorney or agents by virtue of the power and authority vested by the Appointment of Substitute Trustee, will on Thursday, January 13, 2011 commencing at 12:00 PM at the east door of the Rutherford County Courthouse, Murfreesboro, Tennessee; sell to the highest bidder for cash, immediately at the close of sale, the following property to-wit: Being all of Lot No. 18, Harris Downs, Section 1, according to survey and plat of same appearing of record in Plat Book 23, Page 2, of the Registers Office of Rutherford County, Tennessee, to which plat reference is hereby made for more complete details as to location and description of said lot. Being the same property conveyed to Bobby J. Gann, Johnny L, Gann Jr. and wife Margarita D. Gann by Warranty Deed from W.R. Thompson Home Building, Inc., recorded 01/29/01, in Book 43, Page 1248, Registers Office of Rutherford County, Tennessee. Being further conveyed to Spencer A. Sells, by Warranty Deed dated 01/24/05, of record in Book 469, Page 2803, Registers Office for said county. Re-Recorded in Book 575, Page 3477, in the Registers Office for Rutherford County Tennessee. Map & Parcel No.: 071G-B-01300-000 PROPERTY ADDRESS: 307 Towbridge Drive, Murfreesboro, Tennessee 37128 CURRENT OWNER(S): Spencer A. Sells, David L. Sells and Alicia M. Pitman SUBORDINATE LEINHOLDERS: Union Planters Bank NA, Gravita Group Inc. and Tommy Sanford OTHER INTERESTED PARTIES: Tennessee Department of Revenue In addition, this sale shall be subject to the right of redemption by the TENNESSEE DEPARTMENT OF REVENUE, TAX ENFORCEMENT DIVISION, pursuant to T.C.A. 67-1-1433(c)(1) by reason of the following tax lien(s) of record in: Book 953 Page 3798 Notice of the sale has been given to the State of Tennessee in accordance with T.C.A. 67-1-1433(b)(1). 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, however, the undersigned will sell and convey only as Substitute Trustee. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property; as well as any prior liens or encumbrances as well as priority created by a fixture filing; and/or any matter that an accurate survey of the premises might disclose. If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Workforce Development are listed as Interested Parties in the advertisement, then the Notice of this foreclosure is being given to them and the sale will be subject to the applicable governmental entities` right to redeem the property, as required by 26 U.S.C § 7425 and T.C.A. § 67-1-1433. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust. The notice requirements of T.C.A. §35-5-117 were satisfied prior to the first publication of the Notice of Substitute Trustee`s Sale. Substitute Trustee reserves the right 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. MCC TN, LCC 3525 Piedmont Road NE, Six Piedmont Center, Suite 700 Atlanta, GA 30305 (404) 373-1612 www.mccurdycandler.com File No. 08-03689 /CONV Ad Run Dates: 12/19/2010, 12/26/2010 and 1/2/2011 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Ad # 7976
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 30, 2005, executed by Anthony D. Johns and Brenda E. Ellis, 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 July 1, 2005, in Deed Book 515, Page 1836-1843; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required, was given in accordance with Tennessee law; and WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having been appointed by as Substitute Trustee by instrument to be filed for record in the Register's Office of 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 January 5, 2011 at 02:00 PM at the RUTHERFORD County courthouse door where the foreclosure sales are customarily held at the RUTHERFORD Courthouse, 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. 101, MIDLAND ACRES, IV, ACCORDING TO PLAT AND SURVEY OF SAME APPEARING OF RECORD IN PLAT BOOK 25, PAGE 219, 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 O ANTHONY D. JOHNS, BY DEED OF RECORD IN RECORD BOOK 515, PAGE 1834, OF THE SAID REGISTER`S OFFICE. PROPERTY ADDRESS: The street address of the property is believed to be 3864 Midland Trail, Bell Buckle, TN 37020. 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): Anthony D. Johns and Brenda E. Ellis OTHER INTERESTED PARTIES: Bank of America, NA, Middle Tennessee Electric Membership Corporation (MTEMC) The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular us or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (888) 890-5309 Fax: (404) 601-5846 Ad #8047: 2010-12-19 2010-12-26, 2011-01-02
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