| Legal/Public Notices for 01/15/12 - Substitute Trustee's Sales (2) |
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Posted: Monday, January 16, 2012 8:22 am
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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 November 27, 2006, executed by ARTHUR W. BISZMAIER, JR., conveying certain real property therein described to Robert M. Wilson, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded December 21, 2006, in Deed Book 697, Page 3685; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER 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 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 February 7, 2012 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: THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF TN, COUNTY OF RUTHERFORD, CITY OF MURFREESBORO AND DESCRIBED AS FOLLOWS: LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING ALL OF LOT NO. 47, ON THE PLAN OF STONES EAST FORK, AS SHOWN ON THE SURVEY AND PLAT OF SAME AS SHOWN OF RECORD IN PLAT BOOK 12, PAGE 102, IN THE REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT AND SURVEY REFERENCE IS HERBY MADE FOR MORE COMPLETE DETAILS OF LOCATION AND DESCRIPTION OF SAID LOT. BEING THE SAME PARCEL CONVEYED TO ARTHUR W. BISZMAIER FROM DONNA J. BISZMAIER BY VIRTUE OF A DEED DATED AUGUST 15, 2002 RECORDED 9/11/2002 IN DEED BOOK185, PAGE 429 IN RUTHERFORD COUNTY, TENNESSEE. APN: 075036B B 03000 PARCEL ID: 075036B B 03000 PROPERTY ADDRESS: The street address of the property is believed to be 9523 EAST FORK DR, 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): ARTHUR W. BISZMAIER, JR. OTHER INTERESTED PARTIES: Bank of America, NA, Mortgage Electronic Registration Systems, Inc., acting solely as nominee for 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 #18970: 2012-01-15 2012-01-22, 2012-01-29
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 31, 2005, executed by XUE KUN ZHENG, YU QIN ZOU, conveying certain real property therein described to Larry A. Weissman, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded September 2, 2005, in Deed Book 539, Page 2045-2055; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Suntrust Mortgage, Inc. 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 January 24, 2012 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. 1071, FINAL PLAT, SECTION XXIII, PHASE I, EVERGREEN FARMS P.U.D., ACCORDING TO PLAT AND SURVEY APPEARING OF RECORD IN PLAT BOOK 28, PAGE 205, 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 XUE KUN ZHENG, MARRIED, BY DEED FROM OLE SOUTH PROPERTIES, INC., A TENNESSEE CORPORATION, DATED AUGUST 31,2005, APPEARING OF RECORD IN RECORD BOOK 539, PAGE 2043, 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 480, PAGE 2095; EASEMENT TO BELLSOUTH OF RECORD IN BOOK 581, PAGE 272; EASEMENT TO CITY OF MURFREESBORO OF RECORD IN BOOK 49, PAGE 2591; SUBDIVISION EASEMENT AND STREET GRANT(S) OF RECORD IN BOOK 479, PAGE 1347; PERMANENT DRAINAGE, TEMPORARY CONSTRUCTION AND SLOPE AND SEWER EASEMENT OF RECORD IN BOOK 177, PAGE 2198; DRAINAGE CONSENT OF RECORD IN BOOK 537, PAGE 872 AND IN BOOK 537, PAGE 875; AND TO ANY AND ALL MATTERS SHOWN ON SAID PLAT AND SURVEY ORD RECORD IN PLAT BOOK 28, PAGE 205; ALL OF SAID REGISTER`S OFFICE. PARCEL ID: 101J-F-082.00 PROPERTY ADDRESS: The street address of the property is believed to be 2120 CASON TRAIL, 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): XUE KUN ZHENG, YU QIN ZOU OTHER INTERESTED PARTIES: Burro Village, 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 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 #18497: 2012-01-01 2012-01-08, 2012-01-15
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 28, 2006, executed by EDWARD THOMAS AND ELYNDA THOMAS, conveying certain real property therein described to Robert M. Wilson, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded August 2, 2006, in Deed Book 649, Page 3633-3652; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE SASCO 2007-MLN1 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 January 26, 2012 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. 37, FINAL PLAT, BLACKMAN OAKS EAST, SECTION I, ACCORDING TO SURVEY AND PLAT OF SAME APPEARING OF RECORD IN PLAT BOOK 28, PAGE 271, 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. BEING THE SAME PROPERTY CONVEYED TO EDWARD THOMAS AND ELYNDA THOMAS, HUSBAND AND WIFE, BY DEED OF RECORD IN RECORD BOOK 649, PAGE 3631, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. THIS CONVEYANCE IS SUBJECT TO THE RESTRICTIVE COVENANTS OF RECORD IN DEED BOOK 406, PAGE 361; TO THE SUBDIVISION EASEMENT AND STREET GRANT OF RECORD IN RECORD BOOK 498, PAGE 1970; TO THE GASLINE EASEMENT OF RECORD IN DEED BOOK 384, PAGE 836, AND, TO THE MINIMUM BUILDING SETBACK LINE, UTILITY EASEMENT, DRAINAGE EASEMENT AND ANY AND ALL OTHER MAILERS AS SHOWN ON SUBDIVISION PLAT OF RECORD IN PLAT BOOK 28, PAGE 271, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY. TENNESSEE, PARCEL ID: 093L D 037 00 000 PROPERTY ADDRESS: The street address of the property is believed to be 522 RAMBUSH DR, 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): EDWARD THOMAS, ELYNDA THOMAS OTHER INTERESTED PARTIES: Bank of America, N.A, Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Mortgage Lenders Network USA, 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 #18442: 2012-01-01 2012-01-08, 2012-01-15
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 ZELMA L TRAVIS, AN UNMARRIED WOMAN AND CHRISTY D ADAMS, AS TENANTS IN COMMON WITH RIGHTS OF SURVIVORSHIP,conveying certain real property therein described to ROBERT M WILSON JR as same appears of record in the Register's Office of Rutherford County, on November 9, 2005, as Instrument No. 1380975, in Book 563, at Page 1383; 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-AB4, who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee’s Sale. WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument 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, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on January 23, 2012 , 2:00 PM at the Rutherford County courthouse door where the foreclosure sales are customarily held At the Rutherford County Courthouse, Murfreesboro, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Rutherford County, Tennessee, to wit: BEING ALL OF LOT NO. 94 ON THE PLAN OF FALL CREEK SUBDIVISION SECTION 3 OF RECORD IN PLAT BOOK 28, PAGE 93 IN THE REGISTER'S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. PARCEL # R0010725 PROPERTY ADDRESS: The street address of the property is believed to be 1405 FALL PARKWAY, 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): ZELMA L TRAVIS and CHRISTY D ADAMS OTHER INTERESTED PARTIES: 1) Countrywide Home Loans of Tennessee, Inc. 2) CitiFinancial Auto 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. RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#: 11-0106177 FEI # 1006.150045 01/01, 01/08, 01/15/2012
SUBSTITUTE TRUSTEE'S NOTICE OF FORECLOSURE SALE
WHEREAS, default having been made of an indebtedness described in and secured by that certain Deed of Trust, dated Feb. 13, 2007, executed by Sean M. McElroy, dba McElroy Excavation, to J. Ben Weatherford, Trustee, recorded in Record Book 714, page 1914, Register's Office for Rutherford County, Tennessee, as modified by instrument of record in Record book 967, page 3236, said Register’s Office, embracing certain real estate hereinafter described, and the undersigned, Rodney M. Scott, having been appointed Substitute Trustee by an instrument duly recorded in Record Book 1102, page 2515, Register's Office for Rutherford County; and MidSouth Bank, the holder of said indebtedness, having declared the entire unpaid balance immediately due and payable, and said note not having been paid, and said holder having directed them so to do;
NOTICE IS HEREBY GIVEN, that he will, on Wednesday, Feb. 1, 2012, at or about the hour of 10:00 a. m., at the East door of the Old Rutherford County Courthouse, Murfreesboro, Tennessee, SELL to the highest and best bidder for cash and free from all right of homestead, exemption in and equitable and statutory redemption of the property, and borrowers hereby relinquish all right of dower and curtesy in the property, the following described parcel of real estate situated in Rutherford County, Tennessee, to-wit:
(21st Civil District)
TRACT NO. 3 “THIS SURVEY”
A tract of land in the Twenty-First Civil District of Rutherford County, City of Murfreesboro, Tennessee, Lying on the southerly margin of Adams Road and being more particularly described according to a survey prepared by James Terry & Associates, Job Number 2004-008, dated April 29, 2004 and proceeding as follows:
Commencing at a P. K. Nail (new) in the centerline of Adams Road (right-of-way width varies) at the northeast property corner of a tract of land conveyed to Frank J. Campbell as of record in Deed Book 350, page 569, Register’s Office for Rutherford County, Tennessee; thence,
A) With Adams road, South 88 degrees 10 minutes 44 seconds East, 132.50 feet to a P. K. Nail (new) in the centerline of said Adams Road; thence,
B) Continuing with Adams Road, South 70 degrees 05 minutes 21 seconds East, 596.45 feet to a P. K. Nail (new); thence,
C) South 77 degrees 34 minutes 11 seconds East, 54.24 feet to a P. K. Nail (new) in the centerline of said Adams Road, being the true point of beginning of the herein described tract; thence,
1) With Adams Road, South 77 degrees 34 minutes 11 seconds East, 19.36 feet to a P. K. Nail (new) in the centerline of said Adams Road; thence,
2) South 22 degrees 07 minutes 20 seconds East, 97.70 feet to a P. K. Nail (new) in the centerline of said Adams Road; thence,
3) South 17 degrees 17 minutes 36 seconds West, 78.10 feet to a P. K. Nail (new) in the centerline of Adams Road; thence,
4) Leaving the centerline of Adams Road and with the southerly property line of a tract of land conveyed to Mark Alan Holmes as of record in Record Book 143, page 2596, Register’s Office for Rutherford County, Tennessee, South 56 degrees 40 minutes 26 seconds East, 265.63 feet to an iron rod (old) at the northwest property corner of a tract of land conveyed to Archie A. B. Avant and wife, Mary A. Avant as of record in Book 214, page 400, Register’s Office for Rutherford County, Tennessee; thence,
5) With the west property line of said Avant, and of a tract of land conveyed to Lisa Dawn Woodward Smith as of record in Book 603, page 322, Register’s Office for Rutherford County, Tennessee, South 02 degrees 00 minutes 05 seconds West, 1663.97 feet to an iron rod (old) at the northeast property corner of a tract of land conveyed to Pleas Akins Jr. and wife, Eva Louise Akins as of record in Book 138, page 390, Register’s Office for Rutherford County, Tennessee; thence,
6) With the north line of said Akins, in part, South 87 degrees 25 minutes 54 seconds West, 175.26 feet to a iron rod (new) at the southeast property corner of Tract No. 2 “This Survey”; thence,
7) North 03 degrees 45 minutes 00 seconds East, 463.35 feet to the point of beginning and containing 417,307 square feet or 9.580 acres, more or less as calculated by the above courses and distances.
Being the same property conveyed to Sean M. McElroy, an unmarried person, dba McElroy Excavation, by Deed of record in Record Book 714, page 1912, of the said Register’s Office for Rutherford County, Tennessee.
This is unimproved property known as 3474 Adams Road, Murfreesboro, TN, 37129.
OTHER INTERESTED PARTIES: Mortgage Investor’s Group
THIS SALE IS SUBJECT TO any and all unpaid taxes, rollback taxes, restrictive covenants, easements and setback lines; any and all prior liens or encumbrances against the aforesaid property; any statutory rights of redemption not otherwise waived in the Deed of Trust of MidSouth Bank, as set forth in Record Book 714, page 1914, as modified by instrument of record in Record Book 967, page 3236, all in the Register’s Office for Rutherford County, Tennessee, 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.
Said sale will be made for the purpose of satisfying said indebtedness to MidSouth Bank, and the undersigned Substitute Trustee will deliver to the Purchaser a Substitute Trustee's Deed conveying said property without any covenant or warranty, expressed or implied.
RODNEY M. SCOTT, SUBSTITUTE TRUSTEE 12 Public Square Murfreesboro, TN 37130
Jan. 8, 15, and 22, 2012
SUBSTITUTE TRUSTEE'S SALE
WHEREAS, default having been made in the payment of the debts and obligations secured to be paid by that certain Deed of Trust executed on June 4, 2007, by Sheila J. Earp and Rick Earp, Wife and Husband to Bob Armstrong, Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee, under Book No. 757, Page 2686, ("Deed of Trust"); and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Bayview Loan Servicing, LLC; and
WHEREAS, Bayview Loan Servicing, LLC, the current owner and holder of said Deed of Trust, (the "Owner and Holder"), appointed the undersigned, The Callins Law Firm, LLC, as Substitute Trustee 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; and
WHEREAS, pursuant to Tenn. Code Ann. § 35-5-117 (i), not less than sixty (60) days prior to the first publication required by § 35-5-101, the notice of the right to foreclose was properly sent, if so required;
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Owner and Holder, and that the undersigned, The Callins Law Firm, LLC, Substitute Trustee, or his duly appointed attorneys or agents, by virtue of the power and authority vested in him, will on Tuesday, February 14, 2012, commencing at 12:00 PM at the Main entrance or hallway of the Rutherford County Courthouse, Murfreesboro, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Rutherford County, Tennessee, to wit:
THE FOLLOWING DESCRIBED PREMISES SITUATED IN RUTHERFORD COUNTY, STATE OF TENNESSEE, TO-WIT:
BEING ALL OF LOT NO. 93 HOOPER ACRES, SECTION TWO, AS SHOWN BY PLAT AND SURVEY OF RECORD IN PLAT BOOK 7, PAGE 7, OF THE REGISTER'S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT.
THE DERIVATION OF SAME BEING:
THE SAME BEING PROPERTY CONVEYED BY DEED EXECUTED BY MARTHA R. GRAVES, UNMARRIED AND SHEILA J. GRAVES, UNMARRIED, ON 5-9-2005, AS RECORDED ON 5-17-2005 AT BOOK/LIBER 500, PAGE/FOLIO 325, IN THE LAND RECORDS OF RUTHERFORD COUNTY.
Tax ID # 49L-B-010.00
PROPERTY ADDRESS: 6714 Amanda Way, Murfreesboro, Tennessee 37129
CURRENT OWNER(S): Sheila J. Earp and Rick Earp
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.
SUBORDINATE LIENHOLDERS: N/A
OTHER INTERESTED PARTIES: N/A
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 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 Callins Law Firm, LLC, Substitute Trustee
c/o Uniti Jones
The Callins Law Firm 101 Marietta St., Suite 1030 Atlanta, GA 30303 (404) 681-5826
File No.: FT11.03.037
1/15/12, 1/22/12, and 1/29/12
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a certain promissory note dated October 1, 1999, and the Deed of Trust of even date, securing the same, recorded at Trust Deed Book B-558, page 524 in the Register’s Office of Rutherford County, Tennessee, executed by ROBERT CARNEAL and wife, BRENDA CARNEAL, conveying certain property therein described to David G. Bolin, as Trustee for Floyd D. Haynes; and,
The undersigned Trustee, Mark S. Moore, having been appointed as substitute trustee by notice of substitution of trustee in Record Book 877, page 2794, 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 Mark S. Moore, as Substitute Trustee by virtue of the power, duty and authority vested in and imposed upon said Substitute Trustee will, on the 23rd day of January, 2012, 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:
LAND in Rutherford County, Tennessee, being Lot No. 35, Morgan Heights, Murfreesboro, Tennessee, according to survey and plat of same of record in Plat Book 1, page 1, of the Register’s Office of Rutherford County, Tennessee, to which reference is hereby made for more complete details of location.
BEING the same property conveyed to Robert Carneal and wife, Brenda Carneal by deed of record in Deed Book 662, page 619, of the Register’s Office of Rutherford County, Tennessee.
THIS sale is subject to any unpaid taxes, if any, any prior liens or encumbrances, leases, easements and all other matters of record.
ALSO KNOWN AS: 1403 Atlas Street, Murfreesboro, TN 37130
Other Interested Party: James P. Buchanan
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117.
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 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 highest bidder at the next highest bid will be deemed the successful bidder.
OTHER INTERESTED PARTIES: NONE
DATED: October 31, 2011
MARK S. MOORE, Substitute Trustee
144 Uptown Square Murfreesboro, TN 37129 (615) 895-2421
Murfreesboro Post, Classified Ads, Jan. 1, 8, 15 and 22, 2012.
NOTICE OF SUCESSOR TRUSTEE'S SALE
Default having been made in the payment of an indebtedness described in and secured by that certain Deed of Trust executed by JAMES O. ROWLAND, to Hugh M. Queener, Trustee, of record in Record Book 808, page 2898, as modified in Record Book 934, page 1522, both of record in the Register's Office of Rutherford County, Tennessee, embracing real estate hereinafter described, and Pinnacle National Bank, the holder of said indebtedness having declared the entire unpaid balance immediately due and payable, and said Note not having been paid, and the undersigned, George H. White of Rutherford County, Tennessee, having been appointed as Successor Trustee by an instrument duly recorded in the Register's Office of Rutherford County, Tennessee, and said holder having directed him so to do.
NOTICE IS HEREBY GIVEN, that he will on TUESDAY, FEBRUARY 7, 2012, at or about the hour of 11:00 A.M., at east front door of the Courthouse (Public Square) in Murfreesboro, Tennessee, SELL to the highest and best bidder for cash and free from all right of homestead exemption in and equitable and statutory redemption of the following described parcel of real estate situated in Rutherford County, Tennessee, to-wit:
Map/Parcels: 093L-D-06800
Address: 548 Schroer Drive, Murfreesboro, Tennessee 37128
Description: Lot 69, Blackman Oaks Estates (Plat Book 33, page 215)
Reference is hereby made to Quitclaim Deed of record in Record Book 808, page 2887, of the Register's Office for Rutherford County, Tennessee, for more complete details of location and description of said property.
Said sale will be made for the purpose of satisfying said indebtedness, and the undersigned Successor Trustee will deliver to the Purchaser a Successor Trustee's Deed conveying said property without any covenant or warranty expressed or implied but subject to all unpaid taxes and any liens which take priority as a matter of law.
The Successor Trustee at his sole discretion may at the time and place appointed for this sale in order to accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances by oral announcement elect to adjourn the sale during regular business hours on the same day or on a different day, or at a different place, so long as no potential purchaser is thereby precluded from placing a bid.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Successor Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Successor Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust.
INTERESTED PARTIES: James O. Rowland, Pinnacle National Bank, Greenbank, First State Bank
George H. White, Successor Trustee
White & Polk, P.C. 107 West College St. Murfreesboro, TN 37130 (615) 893-6592
Jan. 15, Jan. 22, and Jan. 29, 2012
Murfreesboro Post
Date of Sale: Feb. 7, 2012 at 11:00 A.M. |
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