| Legal/Public Notices for 01-16-2011 (1) |
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Posted: Monday, January 17, 2011 9:05 am
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NOTICE TO CREDITORS
Estate of Deborah Kay Skinner
Notice is hereby given that on the 4 day of January 2011, Letters Testamentary, in respect to the estate of Deborah Kay Skinner, who died June 15, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 4 day of January, 2011.
Signed s/ Matthew Hollis Strickland, Executor
Attorney for the estate: R Timothy Hogan
Lisa Crowell, County Clerk
To be run 01/16/2011 & 01/23/2011
NOTICE TO CREDITORS
Estate of Virginia Jividen Melton
Notice is hereby given that on the 4 day of January 2011, Letters Testamentary, in respect to the estate of Virginia Jividen Melton, who died November 07, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 4 day of January, 2011.
Signed s/ Jerry Thomas Melton, Executor
Attorney for the estate: Peter V Hall
Lisa Crowell, County Clerk
To be run 01/16/2011 & 01/23/2011
NOTICE TO CREDITORS
Estate of Joseph H Hathaway III
Notice is hereby given that on the 5 day of January 2011, Letters Testamentary, in respect to the estate of Joseph H Hathaway III, who died August 02, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 5 day of January, 2011.
Signed s/ Colinda K Abner, Executrix
Attorney for the estate: Berry Foster
Lisa Crowell, County Clerk
To be run 01/16/2011 & 01/23/2011
NOTICE TO CREDITORS
Estate of Albert Weldon Saddler
Notice is hereby given that on the 4 day of January 2011, Letters Testamentary, in respect to the estate of Albert Weldon Saddler, who died December 02, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 4 day of January, 2011.
Signed s/ Kenneth S Saddler, Executor
Attorney for the estate: J.D. Kious
Lisa Crowell, County Clerk
To be run 01/16/2011 & 01/23/2011
IN THE CHANCERY COURT OF RUTHERFORD COUNTY, TENNESSEE
EMILY ANN RAYMOND, PLAINTIFF
VS. JAMES JUSTIN RAYMOND DEFENDANT,
TO: JAMES JUSTIN RAYMOND
CASE NO. 10CV-1867
Order of Publication
It appearing from the bill in this cause, which is sworn to that the residence and current address of the above listed defendant, JAMES JUSTIN RAYMOND, is unknown and cannot be served with process, It is ordered that publication be made for four consecutive weeks in THE MURFREESBORO POST, a newspaper published in MURFREESBORO, RUTHERFORD COUNTY, TN requiring the said defendant, JAMES JUSTIN RAYMOND, to appear before the clerk of said Court on or before thirty days after the last publication hereof and make defense to the bill filed in the above cause, which seeks DIVORCE or otherwise said bill be taken for confessed and cause proceeded with exparte.
This the 5TH day of JANUARY, 2011.
John A. W. Bratcher, Clerk of said Court.
By: Lori Finch, Deputy Clerk.
Solicitors for Plaintiff: RICHARD RONEY
TO BE RUN:1/09, 1/16, 1/23 & 1/30/11
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 28, 2006, executed by William R. Warner and Tiffany Warner , conveying certain real property therein described to The Title Shop, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded July 13, 2006, in Deed Book 641, Page 2172-2186; 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 Certificate holders, Cwabs, Inc.,Asset-Backed Certificates, Series 2007-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 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 27, 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. 14, JEFFERSON SQUARE, SECTION I, AS SHOWN BY PLAT AND SURVEY OF RECORD IN PLAT BOOK 9, PAGE 39, 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 DONALD EUGENE CARLTON AND WIFE, HOLLY LYNN CARLTON, BY DEED, RECORDED 12/04/1997 IN BOOK 661, PAGE 650, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. MAP-PARCEL NO. 27D-A-15.00 PROPERTY ADDRESS: The street address of the property is believed to be 317 Constitution Court, 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): Tiffany Warner a/k/a Tiffany D. Warner, William R. Warner OTHER INTERESTED PARTIES: Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Litton Loan Servicing, LP and Midland Funding LLC as assignee of Aspire Visa 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 #8533: 2011-01-02 2011-01-09, 2011-01-16
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 Jeffery Wilson to Arnold M. Weiss, Trustee dated September 6, 2006 in the amount of $148,200.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 663, Page 1093, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to GMAC Mortgage, LLC by assignment; and, GMAC Mortgage, LLC, 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 27, 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 Lot 38 on the Final Plat of Prime Land Subdivision as of record in Plat Cabinet 30, Page 15, in the Registers Office for Rutherford County, Tennessee. Being the same property conveyed to Jeffery Wilson, unmarried by Deed from Kelly Butler Builders, LLC, dated September 01, 2006 and filed for record in Book 663, Page 1091 in the Registers Office for Rutherford County, Tennessee. Map & Parcel No.: 33N-D-038 PROPERTY ADDRESS: 739 Clear Circle Drive, Smyrna, Tennessee 37167 CURRENT OWNER(S): Jeffery Wilson SUBORDINATE LIENHOLDERS: Woodmont Homeowners Association 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, 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. 07-08709 /FHLMC Ad Run Dates: 01/02/2011/2010, 01/09/2011, and 01/16/2011 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 # 8509
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 March 26, 2007, executed by Amy L. Cyphert and Daniel Wayne Cyphert, conveying certain real property therein described to PRLAP, Inc., as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded March 27, 2007, in Deed Book 727, Page 2497-2513; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Bank of America, N.A. 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 27, 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: LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING ALL OF LOT NO. 21, FINAL PLAT, SECTION I, THE CLOISTER, ACCORDING TO PLAT APPEARING OF RECORD IN PLAT BOOK 29, PAGE 297, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HERE MADE FOR MORE COMPLETE DETAILS OF LOCATION AND DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO AMY L. CYPHERT, MARRIED, BY WARRANTY DEED FROM MID-CUMBERLAND BUILDERS, LLC, A TENNESSEE LIMITED LIABILITY COMPANY, DATED MARCH 26, 2007 APPEARING OF RECORD IN RECORD BOOK 727, PAGE 2495, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. SAID DANIEL WAYNE CYPHERT JOINS TO CONVEY ALL THEIR RIGHT, TITLE, AND INTEREST IN SUBJECT PROPERTY BUT, IS IN NO WAY OBLIGATED FOR THE REPAYMENT OF THE INDEBTEDNESS DESCRIBED HEREIN. PROPERTY ADDRESS: The street address of the property is believed to be 5235 Cloister 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): Amy L. Cyphert OTHER INTERESTED PARTIES: Daniel Cyphert, The Cloister HOA, Inc., Bank of America, NA 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 #8537: 2011-01-02 2011-01-09, 2011-01-16
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 May 23, 2007, executed by Roger Kyle Martin, conveying certain real property therein described to Rod Scott, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded May 24, 2007, in Deed Book 746, Page 2057-2071; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC Home Loans Servicing, L.P. 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 25, 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. 71, SECTION II, STONES RIVER PARK, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 12, PAGE 50, 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. PROPERTY ADDRESS: The street address of the property is believed to be 2307 Tedder Boulevard, 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): Roger Kyle Martin 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 #8487: 2011-01-02 2011-01-09, 2011-01-16
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 James H. Johnson and Sabra R. Johnson, husband and wife, to Arnold M. Weiss, Trustee, on September 13, 2003 at Book 317, Page 2130; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Rutherford County Register's Office.
Owner of Debt: Wells Fargo Bank, N.A., successor by merger to Wells Fargo Bank Minnesota, N.A., as Trustee f/k/a Norwest Bank Minnesota, N.A., as Trustee for the registered holders of Home Equity Loan Asset-Backed Certificates, Series 2003-3
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 Third (3rd) Civil District of Rutherford County, Tennessee in the Town of Smyrna on the easterly margin of Johnson Street, 138 feet North of Todd Lane bounded on the North by Peebles, Dillard, Miles and Cannon on the East by Singh, Mitchell, Penelope Smart and Dennis Smart, on the South by Teets and Edwards and on the West by Johnson Street described according to a boundary survey by Campbell, McRae and Associates Surveying Inc. (John Hood TN. R.L.S.#1838), more particularly described as follows:
BEGINNING at a steel fence post on the easterly margin of Johnson Street, said post being the northwest corner of the George Edwards land (Book 421, Page 481 Register's Office of Rutherford County, Tennessee ) and being located North 01 degrees 43 minutes East 138.0 feet from the northeast right-of-way intersection of said Johnson Street and Todd Lane; thence with the easterly margin of Johnson Street North 01 degrees 44 minutes 48 seconds East 179.00 feet to an iron rod (old) at the southwest corner of the Audrey Jean Peebles land (Book 303, Page 253Register's Office of Rutherford County, Tennessee); thence leaving said Johnson Street with said Peebles South 86 degrees 35 minutes 22 seconds East 197.63 feet to a steel fence post (old); thence North 01 degrees 51 minutes 50 seconds West 145.24 feet to a steel fence post (old) at a corner of the Mabel Dillard land (Book 165, Page 563 Register's Office of Rutherford County, Tennessee); thence with said Dillard North 39 degrees 50 minutes 28 seconds East 260.04 feet to an iron rod (old) at the southeast corner of the Jimmy Miles land (Book 127, Page 140 Register's Office of Rutherford County, Tennessee) and the southwest corner of the Marion Althea Cannon land (Book 551, Page 467 Register's Office of Rutherford County, Tennessee); thence with said Cannon and the center of an old lane the following 6 calls: South 73 degrees 01 minute 05 seconds East 40.44 feet to a point; thence South 37 degrees 27 minutes 21 seconds East 56.59 feet to a point; thence South 48 degrees 16 minutes 42 seconds East 37.71 feet to a point; thence South 82 degrees 13 minutes 22 seconds East 57.91 feet to a point; thence South 72 degrees 24 minutes 54 seconds East 50.24 feet to a point; thence South 87 degrees 53 minutes 50 seconds East 15.53 feet to a point in the westerly line of the A.R. Singh land (Book 411, Page 586 Register's Office of Rutherford County, Tennessee); thence with said Singh South 08 degrees 24 minutes 35 seconds West 25.99 feet to an iron rod (old) in the northerly line of the Shirley Y. Mitchell land (Book 534, Page 132 Register's Office of Rutherford County, Tennessee); thence with said Mitchell North 72 degrees 59 minutes 29 seconds West 157.75 feet to an iron rod (old); thence South 09 degrees 02 minutes 54 seconds West 145.04 feet to an iron rod (old) at the northwest corner of the Penelope R. Smart land (lot 2, Dennis Smart Plat Book 23, Page 218 Register's Office of Rutherford County, Tennessee); thence with said Penelope Smart South 08 degrees 30 minutes 33 seconds West (passing the northwest corner of Dennis Smart at 208.10 feet) for a total distance of 269.93 feet to a point at the northeast corner of the Dana J. Teets land (Book 82, Page 391 Register's Office of Rutherford County, Tennessee); thence leaving said Dennis Smart, with said Teets North 86 degrees 07 minutes 09 seconds West (passing a witness iron rod (old) at 6.58 feet ) for a total distance of 128.22 feet to an iron rod (old) at said Teets northwest corner; thence with said Teets West line South 01 degree 01 minute 40 seconds West 54.52 feet to a steel fence post (old) at the decreed northeast corner of the George Edwards land (Book 421, Page 481 Register's Office of Rutherford County, Tennessee); thence with said Edwards North 83 degrees 06 minutes 46 seconds West 242.08 feet to the point of beginning, containing 2.88 acres more or less.
Street Address: 106 Johnson Street, Smyrna, Tennessee 37167
Current Owner(s) of Property: James H. Johnson and Sabra R. Johnson
Other interested parties: Capital One Bank, c/o Bryan E. Hosto
The street address of the above described property is believed to be 106 Johnson Street, 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 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 TD OF RECORD AT BOOK 41, PAGE 709 IN THE REGISTER'S OFFICE OF RUTHERFORD COUNTY, TENNESSEE.
SALE IS SUBJECT TO ANY INTEREST THAT MAY EXIST IN PROPERTY LINE AGREEMENT OF RECORD AT RECORD BOOK 186, PAGE 933 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.
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. 06-5134P
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 Somsouk Sayaxoumphou and Inpeng Soumpholphakdy to Arnold M. Weiss, Trustee dated June 30, 2006 in the amount of $307,286.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 639, Page 2792, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to GMAC Mortgage, LLC by assignment; and, GMAC Mortgage, LLC, 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, February 10, 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: Land in Rutherford County, TN, being all of Lot No. 4, Final Plat, Cedar Creek, according to survey and plat of same appearing of record in Plat Book 28, Page 289, Registers Office for Rutherford County, Tennessee, to which reference is hereby made for a more complete and detailed description of said lot. Being the same property conveyed to Borrower by warranty deed recorded simultaneously herewith and appearing of record in Record Book 639, Page 2790 said Registers Office. Inpeng Soumpholphakdy, spouse of Somsouk Sayaxoumphou, hereby joins in this Deed of Trust for the purpose of evidencing his/her consent hereto and to mortgage any and all interest he/she may have in said property including, but not limited to, any marital rights therein. Map & Parcel No.: 093FA-004 PROPERTY ADDRESS: 5013 Hannah Drive, Murfreesboro, Tennessee 37129 CURRENT OWNER(S): Somsouk Sayaxoumphou SUBORDINATE LEINHOLDERS: LVNV Funding LLC, Atlantic Credit & Finance Inc. 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, 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. 10-21058 /FHLMC Ad Run Dates: 01/16/2011, 01/23/2011 and 01/30/2011 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 # 8842 |
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