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Legal/Public Notices for 01/17/13

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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 This sale may be rescinded at any time.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 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
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