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Legal/Public Notices for 01/06/13 - Substitute Trustee's Sales (2)

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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 October 31, 2005, executed by KHAMPHIOU KHENESISANA AKA KAMPHIO KHENESISANA, TERRY KHENESISANA, conveying certain real property therein described to STEWART TITLE OF TN, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded November 3, 2005, in Deed Book 560, Page 3539-3563; 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 BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2006-BC1 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 17, 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. 25, ON THE PLAN OF AMENDMENT PLAT, SECTION 1, WESTHAVEN ESTATES, AS SHOWN BY PLAT APPEARING OF RECORD IN PLAT BOOK 27, PAGE 263, 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 THE SAME PROPERTY CONVEYED TO TERRY KHENESISANA AND KHAMPHIO KHENESISANA, HUSBAND AND WIFE, BY WARRANTY DEED DATED OCTOBER 31, 2005 OF RECORD IN THE RECORD BOOK 560, PAGE 3537, SAID REGISTER`S OFFICE. Parcel ID: 101NE01700 PROPERTY ADDRESS: The street address of the property is believed to be 2719 MAYLON 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): KHAMPHIOU KHENESISANA AKA KAMPHIO KHENESISANA, TERRY KHENESISANA OTHER INTERESTED PARTIES: Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Ownit Mortgage Solutions, Inc., Specialized Loan Servicing 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 #42446: 2012-12-23  2012-12-30, 2013-01-06  

FORECLOSURE SALE
Default having been made by failure to comply with the terms and conditions of a certain Deed of Trust dated July 5, 2006, executed by Nelson C. Baker and wife, Linda M. Baker, recorded in Record Book 641, Page 1695, Register’s Office for Rutherford County, Tennessee, and wherein the said Nelson C. Baker and wife, Linda M. Baker conveyed the property therein described to Stewart Title of Tennessee, Inc., 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 Stewart Title of Tennessee, Inc., 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 Tuesday, January 22, 2013, 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:
Land in Rutherford County, Tennessee, being all of Lot No. 11, on the Plan of Everbrite Point, as shown by plat appearing of record in Plat Book 29, Page 247, of the Register’s Office of Rutherford County, Tennessee, to which plat reference is hereby made for more complete details of said Lot No. 11.
Being the same property conveyed to Nelson C. Baker and Linda M. Baker, Husband and Wife, by Warranty Deed from Ashley Segroves, Married, dated July 5, 2006 and recorded in Record Book 641, Page 1686, Register’s Office of Rutherford County, Tennessee.
This is improved property known as 1403 Sunray Drive, Murfreesboro, Tennessee 37127.
The 2012 county and city taxes are currently due and payable.
The following person(s) or entity(ies) hold a Deed of Trust, lien or other encumbrance on the above described property:
Ownit Mortgage Solutions, Inc. (MERS), Deed of Trust, Record Book 641, Page 1716
City of Murfreesboro, Notice of Lien, Record Book 1071, Page 3425
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 23, 2012, December 30, 2012 and January 6, 2013.

NOTICE OF FORECLOSURE
WHEREAS, RHC, LLC ( “Grantor”), by that certain Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing dated August 31, 2007, recorded in Record Book 790, Page 1209, in the Register’s Office of Rutherford County, Tennessee (the “Register’s Office”), (the “Deed of Trust”), conveyed to Robbin Yount, Trustee, the rights in and to the leasehold interest in Property (as hereinafter defined), as evidenced by that certain Lease Agreement dated December 13, 2000, by and between Smyrna/Rutherford County Airport Authority, and that certain Sublease Agreement dated April 1, 2006, and of record in Record Book 706, Page 3441, Register’s Office, to secure the payment of certain indebtedness described in the Deed of Trust (the “Indebtedness”), which Indebtedness is presently held and owned by Park National Bank (the “Lender”); and
WHEREAS, default has occurred by Grantor’s failure to comply with the terms and conditions of the Deed of Trust, and the Indebtedness has been declared due and payable as provided in the Deed of Trust, and the Indebtedness has not been paid; and
WHEREAS, Lender, the owner and holder of the Indebtedness, has demanded that the Property be advertised and sold in satisfaction of the Indebtedness and the costs of foreclosure, in accordance with the terms of the Deed of Trust; and
WHEREAS, the undersigned, Ronald G. Steen, Jr. (the “Successor Trustee”), has been duly appointed as Successor Trustee in the place and stead of Robbin Yount, Trustee, by appointment recorded in Record Book 989, Page 3219, as amended in Record Book 991, page 3449, said Register’s Office.
NOW, THEREFORE, notice is hereby given that I, Ronald G. Steen, Jr., Successor Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, on Tuesday, January 29, 2013, at 10:15 a.m. prevailing central time, at the Rutherford  County Courthouse, 319 N. Maple Street, Murfreesboro, Tennessee 37130, in the manner further described herein, will offer the Property, as such term is hereafter defined, for sale to the highest bidder for cash, and free from equity of redemption, the right of reinstatement, the rights of
marshalling, and all other exemptions of every kind, all of which are expressly waived in the Deed of Trust. The term “Property” as used herein shall mean all of Grantor’s right, title and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all leases, leaseholds interests and rights, and subleases relating to the Property, and similar matters situated in Rutherford County, Tennessee, described as follows:
West Parcel
Commencing at a point that is the centerline of Doug Qarpoole Road and Threet Industrial Road, thence leaving the centerline intersections of said road in a generally northeasterly direction approximately 1,130 feet to a point, said point is the southwesterly corner of the parcel herein described, an IR (O) and also the POINT OF BEGINNING; thence N 04° 28’ 45” E a distance of 989.76 feet to an IR (O) being the Northwesterly corner of the herein described parcel; thence S 85° 28’ 39” E a distance of 934.94 feet to an IR (O) being the Northeasterly corner of the herein described parcel; thence S 04° 27’ 18” W a distance of 990.65 feet to a PK-Nail (N), set in asphalt (approximately 2.9’ west of the edge of asphalt); thence N 85° 25’ 23” W a distance of 935.36 feet to the Point of Beginning and containing 21.26 Acres of land (more or less) according to a survey (Job # 070058) of Jordan Geomatics, PLLC. By Derek A. Jordan (TN RLS # 2576), 517 Rickenbacker Drive, Tullahoma, Tennessee, on 6 June 2007.
East Parcel
Commencing at a point that is the centerline intersection of 10th Street and Fitzhugh Blvd; thence leaving the centerline intersections of said roads, S 64° 29’ 41” W a distance of 227.16 feet to a point said point is a ½” IR (O) and also the POINT OF BEGINNING; thence N 85° 19’ 11” W a distance of 818.78 feet to a Tack (O) in concrete, being the southwesterly corner of the herein described parcel point is 100 feet east of the centerline of a taxiway; thence running parallel with said taxiway, N 04° 30’ 33” E a distance of 416.96 feet to a PK-Nail (O); thence leaving the line parallel with centerline of the taxiway, S 85° 18’ 57” E a distance of 504.16 feet to a chisel mark (O) in concrete; thence S 04° 41’ 48” W a distance of 416.88 feet to a Chiseled + (O) in concrete; thence S 85° 17’ 32” E a distance of 70.58 feet to a point being the southwesterly corner of a 50’ R/W (apparent continuation of 9th Street), thence along the Southerly boundary of said R/W, S 85° 17’ 32” E a distance of 359.69 feet to a PK Nail (O) in the westerly boundary of Fitzhugh Blvd; thence leaving the southerly boundary of the 50’ R/W and with the westerly boundary of Fitzhugh Blvd the following calls, S 04° 40’ 49” W a distance of 313.62 feet to a point; thence S 13° 32’ 37” W a distance of 35.57 feet along the long chord of a curve to the right having a radius of 115.43 feet to a point; thence S 22° 24’ 17” W a distance of 15.63 feet to a PK-Nail (N); thence leaving the westerly boundary of said road, N 85° 10’ 31” W a distance of 15.63 feet to a point; thence S 04° 35’ 21” W a distance of 100.60 feet the Point of Beginning and containing 15.05 Acres of Land (more or less) according to survey (Job # 070058) of Jordan Geomatics, PLLC by Derek A. Jordan (TN RLS #2576), 517 Rickenbacker Drive, Tullahoma, Tennessee, on 7 June, 2007.
Being a portion of the property conveyed to Smyrna Rutherford County Airport Authority of record in Book 462, Page 36 in the Register’s Office for Rutherford County, Tennessee.
Map/Parcel ID: portion of 019 031.00.
The street address of the Property is believed to be 300 Doug Warpoole Road, Smyrna, Tennessee 37167, but such address is not part of the legal description of the Property. In the event of any discrepancy, the legal description herein shall control.
A review of the records at the Register’s Office disclosed that the Property may be subject to certain matters set forth below and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Notice of Foreclosure:
1. Any discrepancies, conflicts, easements, boundary line disputes, encroachments or protrusions, or overlapping of improvements which would be disclosed by an inspection and accurate survey of the premises.
2. General or special taxes and assessments required to be paid in the year 2012 and subsequent years for Map-Parcel 19-31.
3. City of Smyrna taxes for 2012, Map-Parcel No. 19-31, which on January 1st thereof were exempt, but are subject to assessment to a non-exempt taxpayer on the pro-rata basis for such year pursuant to the provisions of Tennessee Code Annotated § 67-5-201.  
4. Taxes for 2012, Map-Parcel No. 19-31, which on January 1st thereof were exempt, but are subject to assessment to a non-exempt taxpayer on the pro-rata basis for such year pursuant to the provisions of Tennessee Code Annotated § 67-5-201
5. Title to that portion of the premises embraced within the bounds of any streets, roads or highways.
6. Access Agreement of record in Record Book 164, page 672, said Register’s Office.
7. Easement to BellSouth TeleCommunications, Inc. of record in Record Book 196, page 2602, said Register’s Office.
8. Right of Way Easement of record in Book 657, page 789, Record Book 270, page 125, Record Book 270, page 127, Record Book 496, page 2316, and Record Book 1096, page 3271, said Register’s Office.
9. Easement granted to Middle Tennessee Electric Membership Corporation of record in Book 956, page 1546, said Register’s Office.
The foregoing matters may or may not take priority over the Deed of Trust. To the extent such matters do take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.
The sale will also be subject to any and all liens, defects, encumbrances, conveyances, adverse claims and other matters which take priority over the Deed of Trust upon which this foreclosure sale is had, and any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal, which have not been waived by such governmental agency, and matters that take priority over the Deed of Trust which an accurate survey of the Property might disclose.
The Property is to be sold AS IS WHERE IS, without representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Successor Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey his interest in the Property by Successor Trustee’s Deed as Successor Trustee only.
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, to sell the Property with or without division if the Property consists of more than one parcel, and to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.
This 2nd day of January, 2013.
/s/ Ronald G. Steen, Jr.                
Ronald G. Steen, Jr., Successor Trustee
STITES & HARBISON, PLLC, 401 Commerce Street Suite 800, Nashville, TN  37219-2376
Telephone:  (615) 244-5200
PUBLICATION DATES: JANUARY 6, 2013, JANUARY 13, 2013, JANUARY 20, 2013
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