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Legal/Public Notices for 01/20/13 - Substitute Trustee's Sales (1)

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 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 William J. Staniszewski and Robin Staniszewski F/K/A Robin D. Jones to Craig E. Newby, Trustee dated February 19, 2009 in the amount of $140,780.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 903, Page 3716-3722, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to JPMorgan Chase Bank, National Association by assignment; and, JPMorgan Chase Bank, National Association, as the current holder of said Deed of Trust (the "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 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 21, 2013 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: A certain tract or parcel of land in Rutherford County, State of Tennessee, described as follows, to wit: Being all of Lot No. 35, Country Park, Section IV, Re-subdivision Lot 20 a Section IV according to survey and Plat Book 10, Page 173, of the Registers 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 premises as conveyed in Deed from Benjamin M. Blake and wife Teri B. Blake recorded 3/30/00 in, Book 55, Page 331 in said County and State. Parcel ID No.: 100LB11   Map & Parcel No.: 100LB11   PROPERTY ADDRESS:  857 Greenfield Court, Murfreesboro, Tennessee 37128 CURRENT OWNER(S): William J. Staniszewski and Robin D. Jones SUBORDINATE LIENHOLDERS: NA OTHER INTERESTED PARTIES: NA 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. 12-10177 /FHA Ad Run Dates: 1/20/2013, 1/27/2013 and 2/3/2013 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 # 43995

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 Gary Gage and Tammy Gage to B. Jo Atwood, Trustee dated August 17, 2005 in the amount of $144,000.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 534, Page 3902, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to U.S. Bank National Association as Trustee for RASC 2005-KS11 by assignment; and, U.S. Bank National Association as Trustee for RASC 2005-KS11, as the current holder of said Deed of Trust (the "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 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 14, 2013 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 all of Lot No. 5914, final plat, phase fifty nine, Lake Forest Estates, according to survey and plat of same appearing of record in Plat Book 27, Page 258, of the Registers 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 Tammy Gage and husband, Gary Gage of deed of record in record Book 534, Page 3900, of the Registers Office of Rutherford County, Tennessee. This conveyance is subject to the restrictive covenants of record in Deed Book 402, Page 809, and, to any and all other matters as shown on subdivision plat of record in Plat Book 27, Page 258, of the Registers Office of Rutherford County, Tennessee. Parcel ID No.: 0060G014.00 Map & Parcel No.: 0060G014.00 PROPERTY ADDRESS: 134 Mary Joe Martin Drive, La Vergne, Tennessee 37086 CURRENT OWNER(S): Gary Gage and Tammy Gage SUBORDINATE LEINHOLDERS: JP Morgan Chase Bank N.A. fka WAMU 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. 08-15973 /CONV Ad Run Dates: 01/20/2013, 01/27/2013 and 02/03/2013 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 # 44025

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 Bryan Daniel McCloud and Jessica Dean McCloud to Jonathan R. Vinson, as trustee dated February 11, 2011 in the amount of $145,077.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 1046, Page 1184-1206, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to JPMorgan Chase Bank, National Association by assignment; and, JPMorgan Chase Bank, National Association, as the current holder of said Deed of Trust (the "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 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 14, 2013 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 all of Lot No. 29, Section I, Phase I, Creeksbend Subdivision, of record in Plat Book 33, Pages 251-253, Registers Office for Rutherford County, Tennessee, to which reference is hereby made for a more complete description thereof. Being a portion of the same property conveyed to Bryan Daniel McCloud, by deed from Ole South Properties Inc., a Tennessee Corporation, dated February 11, 2011, appearing of record in Record Book 1046, Page 1181, of the Registers Office of Rutherford County, Tennessee. This conveyance is made subject to Restrictive Covenants contained in instrument of record in Record Book 828, Page 2263, amended in Record Book 857, Page 3519, and in Record Book 884, Page 2737; Easement to Middle Tennessee Electric Membership Corporation (Blanket) of record in Record Book 811, Page 2978; easement to Bellsouth of record in Record Book 841, Page 1807; USA/TVA as shown on plat in Plat Book 33, Page 251; Charter of Creeksbend Homeowners Association, Inc. of record in Record Book 856, Page 2589, as amended in Record Book 885, Page 2832; Article of Organization for Silverhill Partners, in Record Book 730, Page 1060; Articles of Conversion in Record Book 730, Page 1061; One Hundred Year Flood Line(s) as shown on plat; all matters shown on said plat and survey of record in Plat Book 33, Pages 251-253; all of said Registers Office. Parcel ID No.: 22AA29 Map & Parcel No.: 22AA29 PROPERTY ADDRESS: 1101 Bluecreek Circle, Murfreesboro, Tennessee 37129 CURRENT OWNER(S): Bryan Daniel McCloud SUBORDINATE LEINHOLDERS: 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, 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. 12-10342 /CONV Ad Run Dates: 01/20/2013, 01/27/2013 and 02/03/2013 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 # 44087

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 Joseph G. Moss and Vivian L. Moss to Adam T. Dodd, Trustee dated February 18, 2005 in the amount of $107,250.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 1326305, Deed Book 474, Page 2036-2056, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to The Bank of New York Mellon Trust Company, National Association, as Trustee, fka The Bank of New York Trust Company, N.A., as Trustee, as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS4 by assignment; and, The Bank of New York Mellon Trust Company, National Association, as Trustee, fka The Bank of New York Trust Company, N.A., as Trustee, as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS4, as the current holder of said Deed of Trust (the "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 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 31, 2013 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 all of Lot 202, Midland Acres, Section VI, according to plat and survey of same appearing of record in Plat Book 27, Page 245, of the Registers 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 by Jones Construction Co., a partnership, to Joseph G. Moss and wife, Vivian L. Moss, by warranty deed recorded of even date herewith of record in Record Book 474, Page 2034, in the Registers Office of Rutherford County, Tennessee. Parcel ID No.: 180H-A-00400-000 Map & Parcel No.: 180H-A-00400-000 PROPERTY ADDRESS: 1005 Lotto Lane, Bell Buckle, Tennessee 37020 CURRENT OWNER(S): Joseph G. Moss and Vivian L. Moss SUBORDINATE LEINHOLDERS: NA OTHER INTERESTED PARTIES: NA 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. 07-06906 /CONV Ad Run Dates: 1/06/2013, 1/13/2013 and 1/20/2013 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 # 42539

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 Steven Treadway and Jill Treadway to Kathryn L. Harris, Trustee dated September 26, 1997 in the amount of $84,407.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book B257, Page 288-293, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to JPMorgan Chase Bank, National Association, successor in interest by purchase from the FDIC as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA successor in interest to HomeSide Lending, Inc. by assignment; and, JPMorgan Chase Bank, National Association, successor in interest by purchase from the FDIC as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA successor in interest to HomeSide Lending, Inc. , as the current holder of said Deed of Trust (the "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 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 31, 2013 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 No. 61, Section 3, Kingwood Trace, as shown by plat and survey of record in Plat Book 12, Page 126, of the Registers 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 the within named grantors by deed of even date, which instrument is being recorded simultaneously herewith. Parcel ID No.: 100I-B-00600 Map & Parcel No.: 100I-B-00600 PROPERTY ADDRESS: 1123 Rutledge Drive, Rockvale, Tennessee 37153 CURRENT OWNER(S): Steven Treadway and Jill Treadway SUBORDINATE LEINHOLDERS: 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, 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. 08-26255 /FHA Ad Run Dates: 01/06/2013, 01/13/2013 and 01/20/2013 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 # 42299

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 29, 2006, executed by KEVIN CHRISTOPHER SHARPTON, conveying certain real property therein described to Fearnley and Califf PLLC, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded December 1, 2006, in Deed Book 691, Page 1049; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to U.S. BANK, N.A., SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET- BACKED CERTIFICATES, SERIES 2007-FF1 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 February 7, 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: BEING LOT NO. 17, FOREST CROSSING VILLAGE, PHASE I, SECTION II, A PLANNED DEVELOPMENT, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 25, PAGE 256, 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 KEVIN CHRISTOPHER SHARPTON, HEREIN BY CASH DEED DATED 29TH DAY OF NOVEMBER, 2006, OF RECORD AT BOOK 691 PG 1047 IN SAID REGISTER`S OFFICE TENNESSEE. Parcel ID: 033K-B-012.00 PROPERTY ADDRESS: The street address of the property is believed to be 1019 SKY VALLEY TRAIL, 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): KEVIN CHRISTOPHER SHARPTON OTHER INTERESTED PARTIES: Carrington Mortgage Services, LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK, TOWN OF SMYRNA, TN 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 #43887: 2013-01-13  2013-01-20, 2013-01-27  

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 Diana Barrett-Shuler and Brian Shuler to Heritage Title Services, Trustee dated September 23, 2005 in the amount of $92,800.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 1373331, Deed Book 550, Page 3230-3246, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to U.S. Bank National Association as Trustee for RASC 2005-KS12 by assignment; and, U.S. Bank National Association as Trustee for RASC 2005-KS12, as the current holder of said Deed of Trust (the "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 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 7, 2013 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: The land referred to and described as follows: Being Lot No. 21 on the Plan of Forest Crossing Village, as of record in Plat Book 26, Page 86, Registers Office for Rutherford County, Tennessee to which said plan reference is hereby made for a more complete and accurate legal description thereof. Being the same property conveyed to December L. Duvall-Stone and husband, Jeremy T. Stone, by Deed from Scott Allen Butler Construction, dated 6/26/02, of record in Book 168, Page 171, in the Registers Office for Rutherford County, Tennessee. Parcel ID No.: 033L-H-012.02 Map & Parcel No.: 033L-H-012.02 PROPERTY ADDRESS: 711 Forest Crossing Drive, Smyrna, Tennessee 37167 CURRENT OWNER(S): Brian Shuler and Diana Barrett-Shuler SUBORDINATE LEINHOLDERS: EMC Mortgage Corporation 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. 10-18824 /CONV Ad Run Dates: 1/13/2013, 1/20/2013, and 1/27/2013 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 # 43825
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