| Legal/Public Notices for 01-30-2011 (5) |
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Posted: Monday, January 31, 2011 10:31 am
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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 Wendell Hardison and Wilma McKnight Hardison to Michael T. Bates, Trustee dated June 22, 2004 in the amount of $155,705.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 400, Page 1232, ("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 fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee by assignment; and, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee, 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 17, 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, Tennessee, being all of Lot No. 117, The Villages at Garrison Cove, Section III, according to survey and plat of same appearing of record in Plat Book 26, Page 273, 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 400, Page 1230, said Registers Office. Map & Parcel No.: 81F/E/14 PROPERTY ADDRESS: 2519 Oak Hill Drive, Murfreesboro, Tennessee 37130 CURRENT OWNER(S): Wendell Hardison and Wilma McKnight Hardison SUBORDINATE LEINHOLDERS: The Villages of Garrison Cove OTHER INTERESTED PARTIES: Tennessee Department of Revenue In addition, this sale shall be subject to the right of redemption by the TENNESSEE DEPARTMENT OF REVENUE, TAX ENFORCEMENT DIVISION, pursuant to T.C.A. 67-1-1433(c)(1) by reason of the following tax lien(s) of record in: Recorded 06/10/2005 in Deed Book 508 Page 912 Notice of the sale has been given to the State of Tennessee in accordance with T.C.A. 67-1-1433(b)(1). 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. 09-16606 /CONV Ad Run Dates: 01/23/2011, 01/30/2011 and 02/06/2011 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 # 9221
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 December 15, 2006, executed by Thomas C. McClure and Katherine McClure, 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 December 18, 2006, in Deed Book 696, Page 2536-2547; 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 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 February 17, 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. 1177, ON THE PLAN OF HORIZONTAL PROPERTY REGIME, PRIVATE ELEMENT PLAT, SECTION III, THE VILLAS AT INDIAN CREEK, ACCORDING TO PLAT AND SURVEY APPEARING OF RECORD IN PLAT BOOK 29, PAGE 260, 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 THOMAS C. MCCLURE, MARRIED, BY DEED FROM OLE SOUTH PROPERTIES, INC., A TENNESSEE CORPORATION, DATED DECEMBER 15, 2006, APPEARING OF RECORD IN RECORD BOOK 696, PAGE 2533 OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. THIS CONVEYANCE IS MADE SUBJECT TO DECLARATION OF COVENANTS CONTAINED IN INSTRUMENT OF RECORD IN RECORD BOOK 428, PAGE 27, IN RECORD BOOK 538, PAGE 3300, AND IN RECORD BOOK 616, PAGE 2326; BY-LAWS OF RECORD IN RECORD BOOK 428, PAGE 63; EASEMENT TO BELLSOUTH OF RECORD IN RECORD BOOK 473, PAGE 1197; AT&T EASEMENT OF RECORD IN DEED BOOK 89, PAGE 315; EASEMENT TO UNITED CITIES GAS COMPANY OF RECORD IN DEED BOOK 671, PAGE 226, AND IN DEED BOOK 537, PAGE 770; EASEMENT TO CONSOLIDATED UTILITY DISTRICT OF RECORD IN DEED BOOK 671, PAGE 841; EASEMENTS TO UNITED STATES OF AMERICA (TVA) OF RECORD IN DEED BOOK 84, PAGE 227, AND IN BOX "Y", SHEET 16; RIGHT-OF-WAY & DRAINAGE EASEMENT OF RECORD IN DEED BOOK 442, PAGE 429; TWENTY FOOT DRAINAGE EASEMENT OF RECORD IN DEED BOOK 379, PAGE 316, AND IN DEED BOOK 448, PAGE 49; WATER LINE EASEMENT OF RECORD IN DEED BOOK 195, PAGE 429; SURFACE WATER & STORM DRAINAGE EASEMENT OF RECORD IN DEED BOOK 264, PAGE 379; SLOPE AND TEMPORARY CONSTRUCTION EASEMENT OF RECORD IN DEED BOOK 674, PAGE 567; SANITARY SEWER EASEMENT OF RECORD IN DEED BOOK 646, PAGE 584, AND IN DEED BOOK 646, PAGE 587; AND TO ANY AND ALL MATTERS SHOWN ON SAID PLAT AND SURVEY OF RECORD IN PLAT BOOK 29, PAGE 260; ALL OF SAID REGISTER`S OFFICE. PROPERTY ADDRESS: The street address of the property is believed to be 913 Maricopa 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): Thomas C. McClure OTHER INTERESTED PARTIES: Katherine McClure and The Villas at Indian Creek 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 #9158: 2011-01-23 2011-01-30, 2011-02-06
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 16, 2007, executed by Christopher S. Smallwood and Lisa A. Smallwood, conveying certain real property therein described to Robert M. Wilson, Jr, Attorney, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded July 26, 2007, in Deed Book 767, Page 3772-3783; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned 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 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 February 17, 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. 102, FINAL PLAT, SECTION IV, THE HAMPTONS, ACCORDING TO SURVEY AND PLAT OF SAME APPEARING OF RECORD IN PLAT BOOK 21, PAGE 146, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DETAILS AS TO LOCATION AND DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO CHRISTOPHER S. SMALLWOOD AND LISA A. SMALLWOOD, HUSBAND AND WIFE BY DEED FROM KENT KNUDSEN AND CANDI KNUDSEN OF RECORD IN BOOK 767 , PAGE 3769, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. PROPERTY ADDRESS: The street address of the property is believed to be 2407 Delano Court, Murfreesboro, TN 37130. 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): Christopher S. Smallwood, Lisa A. Smallwood OTHER INTERESTED PARTIES: Mortgage Electronic Registration Systems, Inc., acting solely as nominee for BAC Home Loans Servicing, LP 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 #9067: 2011-01-23 2011-01-30, 2011-02-06
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 December 13, 2002, executed by Douglas Richmond and Debra L. Richmond, conveying certain real property therein described to Larry K. Tolbert, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded December 16, 2002, in Deed Book 214, Page 2510-2519; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to MVB Mortgage Corporation 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 February 17, 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 UNIT NO 87, COTTAGES AT INDIAN PARK, PHASE 11, ACCORDING TO PLAT AND SURVEY OF SAME APPEARING OF RECORD IN PLAT BOOK 25, PAGE 157, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE 1S HEREBY MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT. PROPERTY ADDRESS: The street address of the property is believed to be 342 Shoshone Place, 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): Debra L. Richmond, Douglas Richmond OTHER INTERESTED PARTIES: The Cottages at Indian Park Homeowners Association, 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 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 3740 Davinci Court, Suite 400 Norcross, GA 30092 www.rubinlublin.com/property-listings.php Tel: (888) 890-5309 Fax: (404) 601-5846 Ad #9147: 2011-01-23 2011-01-30, 2011-02-06
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 15, 2007, executed by Jeffrey W. Cudney and Kellie L. Cudney, 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 August 17, 2007, in Deed Book 775, Page 1328-1344; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC 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 February 15, 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. 190, ON THE FINAL PLAT ON DIAMOND CREST, PHASE 3, AS SHOWN BY PLAT AND SURVEY APPEARING OF RECORD IN PLAT BOOK 30, PAGES 38-39, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAN REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO JEFFREY W. CUDNEY AND WIFE, KELLIE L. CUDNEY, BY DEED FROM WESTCHESTER HOMES, A JOINT VENTURE, AS SHOWN OF RECORD IN RECORD BOOK 775, PAGE 1326, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. PROPERTY ADDRESS: The street address of the property is believed to be 1533 Jeter Way, 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): Jeffrey W. Cudney and Kellie L. Cudney 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 #8968: 2011-01-23 2011-01-30, 2011-02-06
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 September 27, 2002, executed by Christopher D. Holt and Ashley J. Holt, conveying certain real property therein described to Gary Fisher, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded October 4, 2002, in Deed Book 192, Page 1616-1624; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BAC Home Loans Servicing, LP 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 February 15, 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. 55, FINAL PLAT, PHASE THREE, CEDAR LAKE, A RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS SHOWN BY PLAT APPEARING OF RECORD IN PLAT BOOK 17, PAGE 83, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR MORE COMPLETE DETAILS OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO CHRISTOPHER D. HOLT AND ASHLEY J. HOLT BY DEED FROM CECILY MARIE MARTINEZ, AS OF RECORD IN RECORD BOOK 192, PAGE 1614, REGISTER`S OFFICE FOR SAID COUNTY. PROPERTY ADDRESS: The street address of the property is believed to be 426 Cedar Park Circle, La Vergne, TN 37086. 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): Christopher D. Holt, Ashley J. Holt 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 #8966: 2011-01-23 2011-01-30, 2011-02-06
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 Richard C. Navone and Tamara M. Navone to Frontier Title & Escrow Inc., Trustee dated January 8, 2005 in the amount of $138,000.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 465, Page 273, ("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 fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee by assignment; and, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee, 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: A certain tract or parcel of land located in Rutherford County, State of Tennessee, described as follows, to-wit: Being all of Lot 144, Phase Five of Lake Forest according to the plat and survey of record in Plat Book 14, Page 130 of the Registers Office for Rutherford County, Tennessee to which plat and survey reference is hereby made for a more particular description of said lot. Being the same property conveyed to Richard C. Navone and wife, Tamara M. Navone from Eric Barberry and wife, Ruth Hussey Barberry by Warranty Deed dated December 17, 2002 and recorded December 31, 2002 in Book 219, Page 178, Registers Office for Rutherford County. This conveyance is subject to restrictions of record in Book 481, Page 475 and Book 398, Page 179; easements of record in Book 161, Page 273; and all matters of record on plat in Plat Book 14, Page 130, Registers Office for Rutherford County. This conveyance is made subject to any and all zoning regulations, building restrictions and setback lines, if any, and easements and rights for public utilities applicable to this property; and taxes for the current year which have been prorated and assumed by the Grantee(s) herein. Map & Parcel No.: 006NB-058 PROPERTY ADDRESS: 107 Chenoweth Lane, La Vergne, Tennessee 37086 CURRENT OWNER(S): Richard C. Navone and Tamara M. Navone 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. 09-28584 /CONV 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 # 8881
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