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Legal/Public Notices for 01/10/13

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The Personnel Committee of the Linebaugh Library Board will meet on Thursday, January 17, 2013 at 5 pm, in the Director's Office, Linebaugh Public Library.

LEGAL NOTICE
The Rutherford County Purchasing Committee will meet on Tuesday, January 29, 2013 at 4:30 P.M. in Suite 205 of the Rutherford County Courthouse to open bids on the following:
1. Fire Hall Renovation, 5500 Elam Road
2. Office Renovation for Sheriff’s Dept., 964 New Salem Road
3. Tire Contract – Solid Waste
4. Any Other Business
Specifications for Items 1 and 2 can be obtained by contacting the F.W. Dodge Plan Room, Nashville Contractors, and Reed Construction Data.  The designer for these projects is Kline Swinney Associates, Nashville, TN.
The Purchasing Committee reserves the right to accept the lowest or best bid and/or reject any and all bids.
In accordance with ADA (Americans with Disabilities Act), any disabled persons requiring accommodations for participation in the meeting should contact the County Mayor’s Office at 898-7745 at least two working days prior to the meeting in order that appropriate accommodations can be made.
PURCHASING COMMITTEE
TO BE RUN: Thursday, January 10, 2013

FROM: CIRCUIT COURT FOR HAMILTON COUNTY, TENNESSEE
NOTICE Case No: 12 A 190
In the Circuit Court for Hamilton County, Tennessee:
 Steve Julian Long and Lezlie Suzanne Long
v. Ashley Suzanne Kilgour and Nathan Payne
TO: Nathan Payne
IN RE: Carson Alexander Long  D.O.B: September 2, 1999
Mother: Ashley Suzanne Kilgour
You are hereby notified that a Petition for Termination of Parental Rights has been filed in the Circuit Court for Hamilton County, 625 Georgia Avenue, Chattanooga, Tennessee 37402, and will be heard before Honorable L. Marie Williams; and that your last known address is in Murfreesboro, Tennessee, but your current whereabouts are unknown so that ordinary service of process cannot be served upon you.
It is ORDERED that unless you appear and defend said complaint within 30 days after the last publication date of this Notice, a default judgment may be taken against you resulting in the termination of any parental rights you may have to Carson Alexander Long, born to Ashley Suzanne Kilgour in Rutherford County, Tennessee on September 2, 1999.
Any appeal of this Court’s final disposition of the complaint or petition for termination of parental rights will be governed by the provisions of Rule 8A, TRAP, which imposes special time limitations for the filing of the transcript or statement of evidence, the completion and transmission of the record on appeal, and the filing of briefs in the appellate court, as well as other special provisions for expediting the appeal.
You may obtain a copy of the Petition and any subsequently filed legal documents in the Circuit Court Clerk’s office at the address shown above.
THIS the 6th day of December, 2012.
Paula Thompson, Hamilton County Circuit Court Clerk
Attorney: Misty L. Harris, Esq.
Lawrence & Lawrence, PLLC, P.O. Box 1297, Chattanooga, TN 37401
(423)756-5031

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on February 14, 2013 at 2:00PM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by James T. Johnson and wife, Katy D. Johnson, to FMLS, Inc., Trustee, on December 24, 2009 at Record Book 970, Page 1697; all of record in the Rutherford County Register's Office.
Holder: Regions Bank DBA Regions Mortgage
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 the 6th Civil District of Rutherford County, Tennessee, to wit:
Lot Number 72, Lake Hills, Section III, of record in Plat Book 23, Page 9, in the Register's Office for Rutherford County, Tennessee, to which reference is hereby made for a more complete and accurate description thereof.
Street Address: 222 Priest View Drive, Smyrna, Tennessee 37167
Parcel Number: 013N E 00714
Current Owner(s) of Property: James T. Johnson and wife, Katy D. Johnson
Other interested parties: Union Planters Bank, NA
The street address of the above described property is believed to be 222 Priest View Drive, Smyrna, Tennessee 37167, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
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.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP, 555 Perkins Road Extended, Second Floor, Memphis, TN 38117
Phone (901)767-5566, Fax (901)761-5690
File No. 10-010049

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 4, 2004, executed by RUSSELL GREGSON, STACEY L. GREGSON, conveying certain real property therein described to AMERICAN TITLE COMPANY, INC., as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded October 18, 2004, in Deed Book 437, Page 2077-2091; 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 CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-12 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 31, 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: PROPERTY LOCATED AT 204 SUTTER COURT, SMYRNA, RUTHERFORD COUNTY, TENNESSEE 37167 AND: LAND IN RUTHERFORD COUNTY, TENNESSEE BEING LOT NO. 57 ON THE PLAN OF BRANDYWINE SUBDIVISION, PH II, A PLANNED UNIT DEVELOPMENT, AS OF RECORD IN PLAT BOOK 17, PAGE 52, REGISTER`S OFFICE FOR SAID COUNTY, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION. BEING THE SAME PROPERTY CONVEYED TO RUSSELL GREGSON ON 09/13/98, BY DEED FROM THOMAS CRAIG CALLAHAN AND WIFE, ANGELA M. CALLAHAN, FILED FOR RECORD ON 01/07/99, IN BOOK 640, PAGE 626, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. Parcel ID: 033L-D-005.00 PROPERTY ADDRESS: The street address of the property is believed to be 204 SUTTER CT., 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): RUSSELL GREGSON OTHER INTERESTED PARTIES: Hunters Chase c/o Gasser Property Management , BENEFICIAL TENNESSEE, INC. , UNION PLANTERS BANK, NA STACEY L. GREGSON 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 #43851: 2013-01-10  2013-01-17, 2013-01-24  

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on February 5, 2013 at 10:00 AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Khanthaly Thammavongsa, unmarried, to Daniel W. Small, Trustee, on February 23, 2001 at Record Book 50, Page 2126; modified March 13, 2012, in Record Book 1117, Page 1647; all of record in the Rutherford County Register's Office.
Holder: JPMorgan Chase Bank, National Association
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, and being more particularly described in deed of record in Record Book 50, Page 2126; modified March 13, 2012, in Record Book 1117, Page 1647; in the Register’s Office of Rutherford County, Tennessee
Parcel Number: 092O A 01100
Current Owner(s) of Property: Khanthaly Thammavongsa
The street address of the above described property is believed to be 116 Franklin Heights Drive, Murfreesboro, Tennessee 37128, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
SALE IS SUBJECT TO ANY INTEREST THAT MAY EXIST IN UNRELEASED DEED OF TRUST OF RECORD AT TRUST BOOK A745, PAGE 353, IN THE REGISTER'S OFFICE OF RUTHERFORD COUNTY, TENNESSEE.
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.
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.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP, 555 Perkins Road Extended, Second Floor, Memphis, TN 38117
Phone (901)767-5566, Fax (901)761-5690
File No. 11-026466

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on February 7, 2013 at 10:00AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Bruce A. Martin, An Unmarried Man, to Larry N. Westbrook, ESQ, Trustee, on September 26, 2003 at Record Book 320, Page 2788; all of record in the Rutherford County Register's Office.
Holder: PHH Mortgage Corporation
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:
Unit Number 504 in Poplar Grove, a Private Element Horizontal Property Regime, located on Heath Place, Smyrna, Rutherford County, Tennessee, and described in a Declaration of Covenants, Conditions, and Restrictions for Poplar Grove Townhomes, a Horizontal Property Regime with Private Elements, of record in Record Book 68, Pages 673-725, inclusive, as amended in Record Book 73, Pages 861-873, inclusive, Register's Office for Rutherford County, Tennessee to which reference is hereby made. The easements, restrictive covenants, conditions, and regulations imposed upon and relating to the units, property, co-owners, and tenants of Poplar Grove Townhomes, a Private Element Horizontal Property Regime, contained in the said Declaration, the Plan filed as Exhibit "C" to said Declaration appearing in Record Book 73, Pages 861-873, inclusive, and By-Laws appended thereto as Exhibit "B" appearing in Record Book 68, Pages 704-719, inclusive, said Register's Office, are incorporated in this Deed by reference and made a part hereof the same as though copied herein.
Street Address: 504 Heath Place, Smyrna, Tennessee 37167
Parcel Number: 028I-B-00100
Current Owner(s) of Property: Bruce A. Martin, an unmarried man
Other interested parties: Chase Manhattan Bank, N.A. as successor in interest to Bank One Delaware N.A. C/O Mann Bracken, LLC, Poplar Grove Townhouse Corporation C/O Arthur K. Lowen, Attorney and Worldwide Asset Purchasing II, LLC C/O Kern, Steinberg & Cunningham, Attorneys
The street address of the above described property is believed to be 504 Heath Place, Smyrna, Tennessee 37167, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
SALE IS SUBJECT TO 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 United States as required by 26 U.S.C. § 7425(b).
Terms of Sale will be public auction, for cash, free and clear of rights of homestead, redemption and dower, and the rights of  Bruce A. Martin, An Unmarried Man, and those claiming through them, and subject to the right of redemption by the DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE by reason of tax lien of record in Record Book 1047 Page 1514 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.
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.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP, 555 Perkins Road Extended, Second Floor, Memphis, TN 38117
Phone (901)767-5566, Fax (901)761-5690
File No. 09-020444

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on February 7, 2013 at 10:00AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Kimberly Z. Sweeney, a married woman, and Larry E. Sweeney, to Larry N. Westbrook, Esq., Trustee, on April 6, 2009 at Record Book 911, Page 1594; all of record in the Rutherford County Register's Office.
Owner of Debt: PHH Mortgage Corporation
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:
The land referred to in this Commitment is described as follows:
Lots 11, 12, 13, Block "B" Fairview Addition to the Town of Eagleville, Tennessee, a plat of which is of record in Deed Book 95, Page 150 and 151, Register's Office of Rutherford County, Tennessee, to which reference is hereby made.  Said Lots 11, 12, and 13 front West 50 feet each on Elm Street and all of said lots run back between parallel lines to a depth of 200 feet.
Street Address: 994 Elm Street, Eagleville, Tennessee 37060
Parcel Number: 141O A 01900
Current Owner(s) of Property: Kimberly Z. Sweeney, married
The street address of the above described property is believed to be 994 Elm Street, Eagleville, Tennessee 37060, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
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.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP, 555 Perkins Road Extended, Second Floor, Memphis, TN 38117
Phone (901)767-5566, Fax (901)761-5690
File No. 12-042641

SUCCESSOR TRUSTEE'S NOTICE OF FORECLOSURE SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated December 15, 2004, executed by JOSE A. JUAREZ and wife JUANA L. PEREZ to JOHN E. SIMMONDS, Trustee, of record in Record Book456, page 907, Register’s Office for Rutherford County, Tennessee and to BRYAN D. SPICER, appointed as Successor Trustee in an instrument of record in the Register's Office for Rutherford County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by SOUTHEAST
FINANCIAL CREDIT UNION as provided in said Deed of Trust, I, BRYAN D. SPICER, will by virtue of the power and authority vested in me as Successor Trustee, on Tuesday, FEBRUARY 5, 2013, AT 10:15 A.M. AT THE RUTHERFORD COUNTY COURTHOUSE, 20 PUBLIC SQUARE, MURFREESBORO, RUTHERFORD COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in Davidson County, Tennessee, to wit:
SITUATED in the Second (2) Civil District of Rutherford County, Tennessee and within the corporate limits of the City of LaVergne, Tennessee and being known as all of Lot Number Five Thousand Eight Hundred Twenty Two (5822) of the FINAL PLAT, LAKE FOREST ESTATES, PHASE FIFTY EIGHT, as the same appears of record in Plat Book 27, page 120, Register’s Office of Rutherford County, Tennessee, to which Plat specific reference is hereby made for a more particular description.
BEING the same property conveyed to Jose A. Juarez and Juana L. Perez, husband and wife, by Warranty Deed from Lake Forest Homes, Inc., dated December 15, 2004, of record in Record Book 456, page 905, Register’s Office for Rutherford County, Tennessee.
THIS IS IMPROVED PROPERTY KNOWN AS 112 Mary Joe Martin Drive, LaVergne, TN 37086
MAP & PARCEL:  006-0-C 78.00
THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS OF RECORD INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/ INTERNAL REVENUE SERVICE, THE STATE OF TENNESSEE DEPARTMENT OF REVENUE, OR THE STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORK FORCE 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, ALL AS REQUIRED BY 26 U.S.C. 7425 AND T.C.A. 67-1-1433.
A Notice of the Right to Foreclose was sent on September 20, 2012, as required by TCA Section 35-5-117 and sixty (60) days has past since the sending of said notice.
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/SUCCESSOR 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 HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.
OTHER INTERESTED PARTIES:
AFFORDABLE HOUSING RESOURCES INC., PURSUANT TO A SUBORDINATE DEED OF TRUST OF RECORD IN RECORD BOOK 464, PAGE 30, REGISTER’S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 7th day of January, 2013.
Bryan D. Spicer, Successor Trustee
342 Cool Springs Blvd., Suite 202, Franklin, TN 37067
(615) 771-7969
Insertion Dates: January 10, 2013; January 17, 2013 and January 24, 2013

TRUSTEE'S NOTICE OF SALE OF REAL ESTATE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, on August 29, 2008, by Deed of Trust of record in Record Book 869, Page 3135, in the Register's Office of Rutherford County, Tennessee, said instrument being recorded on September 12, 2008, CHARLES R. JOHNSON, did convey in trust unto ROY N. PUGH, a resident of DeKalb County, Tennessee, TRUSTEE, the tract of land hereinafter described, to secure an indebtedness therein described to Liberty State Bank, as evidenced by a promissory note in said Deed of Trust, being incorporated therein by reference; and,
WHEREAS, default has been in the payment of said note, 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 holder and owner of said Note has instructed the undersigned Trustee to foreclose said Deed of Trust.
NOW, THEREFORE, by virtue of the authority in me vested, under said instruments, I will, on February 12, 2013 at 11:00 a.m., prevailing time, offer for sale at the main door of the Rutherford County Courthouse, Murfreesboro, Tennessee, to the last, highest, and best bidder for cash in hand, and in bar of all equities of redemption, homestead, and all other rights and exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following described tract of land, the same being situated in Rutherford County, Tennessee, and being described as follows:
Lot Number 117, Resubdivision Lots 117 through 125, The Hamptons, Section V, according to survey and plat of same appearing of record on Plat Book 23, Page 272, 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.
DEED REFERENCE: Being the same property conveyed to Charles R. Johnson by Special Warranty Deed, by U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of December 1, 2006 MASTR Asset Backed Securities Trust 2006-HE5 Mortgage Pass-Through Certificates Series 2006-HE 5 by Barclays Capital Real Estate Inc. A Delaware Corporation, d/b/a HomEq Servicing, attorney in fact in Book 869, Page 3130, Register’s Office of Rutherford County, Tennessee.
The above-described property is conveyed subject to any and all matters as shown of record and on plat of record in Plat Book 23, page 272, of the Register’s Office of Rutherford County, Tennessee.
The above-described property is conveyed subject to restrictive covenants of record in Record Book 26 Page 2240; release and covenant not to sue of record in Record Book 465, Page 1649; surveyors certificate of correction of record in Record Book 465, Page 1931; subdivision easement and street grant of record in Record Book 12, Page 1281; sewer easement of record in Deed Book 597, Page 409, Deed Book 598, Page 472, Deed Book 598, Page 476, and Deed Book 581, page 738; waterline easement of record in Deed Book 117, Page 113 and Deed Book 350, page 640; construction right of way and grading easement of record in Deed Book 423, page 429; slope and utility easement of record in Deed Book 642, pages 240 and 252, and to minimum building setback line, sanitary sewer easement, drainage easement, water line drainage, slope and temporary construction easement, Bellsouth Telecommunication, Murfreesboro Electric Department, Murfreesboro Water and Sewer Department and United Cities Gas easements and any and all matters as shown on subdivision plat of record in Plat Book 23, page 272, of the Register’s Office of Rutherford County, Tennessee.
The above-described property is conveyed subject to easements and building setback lines of record in Plat Book 23, page 272, Register’s Office of Rutherford County, Tennessee.
This property has a street address of: 636 Osborne Lane, Murfreesboro, TN 37130.
Map & Parcel: 068G/D/001.00.
Said sale will be made for the purpose of paying the indebtedness secured by the above-described Deed of Trust with the proceeds from the sale applied in accordance with the terms of the Deed of Trust.
The Trustee reserves the right to postpone or set over the date of sale in the event the Trustee deems it best for any reason at the time of sale to postpone or continue this sale from time to time, with such notice of postponement as deemed reasonable by the Trustee. In the event the highest bidder at such sale fails to complete his purchase of the subject real property within the applicable time allowed, the undersigned Trustee reserves the right to complete the sale of the subject real property, without further notice of advertisement, to the next highest bidder who is able to consummate his purchase of the property within the time permitted by the Trustee. This sale shall further be subject to any announcements made at the time of the sale.
This sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid property taxes which exist as a lien against the property; 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 would disclose.
The property is to be sold "As Is, Where Is," without representation of warranty of any kind whatsoever, whether express or implied. Without limiting the foregoing, THIS PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
Said sale is subject to any and all unpaid taxes, restrictive covenants, restrictions, easements and setback lines, and any and all prior liens or encumbrances against said property.
The purchaser will assume the payment of any and all unpaid taxes, including the payment of taxes for 2012.
Pursuant to the Fair Debt Collection Practices Act, this is an attempt to collect a debt and all information obtained may be used in any attempt to collect this debt.
DONE in Smithville, Tennessee, this 19th day of December, 2012.
ROY NELSON PUGH, TRUSTEE FOR LIBERTY STATE BANK
BRATTEN HALE COOK II, Attorney for Liberty State Bank
104 North Third Street, Smithville, TN 37166
To be run December 27, 2012, January 3, 2013 and January 10, 2013
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