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Legal/Public Notices for 02/03/13 - Substitute Trustee's Sales (2)

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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 Michael Dewitt Solomon to Glenn Balletto, Trustee dated June 21, 2011 in the amount of $108,996.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 1732459, Deed Book 1067, Page 3523-3537, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to Mortgage Investors Corporation by assignment; and, Mortgage Investors Corporation, 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: Land located in Rutherford County, Tennessee, being all of Lot No. 12, Re-subdivision of Belle Meade Addition, according to plat and survey of same appearing of record in Deed Book 118, Page 402, in 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 Michael Dewitt Solomon, unmarried from Raven L. Hill by Deed dated May 4, 2011, recorded May 4, 2011 in Book 1059, Pages 1849-1850, in the Registers Office of Rutherford County, Tennessee. Parcel ID No.: 49GE11 Map & Parcel No.: 49GE11 PROPERTY ADDRESS: 408 Wheeler Avenue, Smyrna, Tennessee 37167 CURRENT OWNER(S): Michael Dewitt Solomon 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. 12-09649 /VA Ad Run Dates: 1/27/2013, 2/3/2013 and 2/10/2013 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 # 44138

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 6, 2004, executed by David Claybrooks, Melanie Claybrooks, conveying certain real property therein described to Advantage Title, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded December 21, 2004, in Deed Book 457, Page 797-816; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-1 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 21, 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: SITUATED IN CIVIL DISTRICT NO. 2 OF RUTHERFORD COUNTY, TENNESSEE AND WITHIN THE CORPORATE LIMITS OF THE CITY OF LAVERGNE, TENNESSEE AND BEING KNOWN AS LOT NO. 5226, OF THE FINAL PLAT, PHASE 52, LAKE FOREST ESTATES AS THE SAME APPEARS OF RECORD IN PLAT BOOK 27, PAGE 2, REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT SPECIFIC REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. Parcel ID: 14G-B-054.00 PROPERTY ADDRESS: The street address of the property is believed to be 972 Tom Hailey Boulevard, 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): David Claybrooks, Melanie Claybrooks OTHER INTERESTED PARTIES: LVNV Funding LLC , U.S. Bank National Mortgage Loan Trust 2006-2 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 #44222: 2013-01-27  2013-02-03, 2013-02-10  

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 April 28, 2006, executed by JUSTIN E MORIN, 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 May 3, 2006, in Deed Book 617, Page 2304-2314; 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 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 21, 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 ALL OF LOT NO. 143, ON THE PLAN OF FINAL PLAT, SECTION III, PHASE I, THE PRESERVE AT INDIAN CREEK SUBDIVISION, ACCORDING TO PLAT AND SURVEY APPEARING OF RECORD IN PLAT BOOK 29, PAGE 102, 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 JUSTIN E. MORIN, UNMARRIED, BY DEED FROM OLE SOUTH PROPERTIES, INC., A TENNESSEE CORPORATION, DATED APRIL 28, 2006, APPEARING OF RECORD IN RECORD BOOK 617, PAGE 2301, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. THE CONVEYANCE IS MADE SUBJECT TO DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS CONTAINED IN INSTRUMENT OF RECORD IN RECORD BOOK 538, PAGE 3302; ARTICLES OF ORGANIZATION FOR INDIAN CREEK, LLC, A TENNESSEE LIMITED LIABILITY COMPANY OF RECORD IN BOOK 432, PAGE 2430; EASEMENT TO BELLSOUTH OF RECORD IN BOOK 473, PAGE 1197; DRAINAGE EASEMENT OF RECORD IN BOOK 442, PAGE 429; EASEMENT TO UNITED CITIES GAS COMPANY OF RECORD IN BOOK 671, PAGE 226, AND IN BOOK 537, PAGE 770; EASEMENT TO CONSOLIDATED UTILITIES DISTRICT OF RECORD IN BOOK 671, PAGE 841; EASEMENT TO UNITED STATES OF AMERICA (TVA) OF RECORD IN BOOK 84, PAGE 227, AND IN BOX "Y", SHEET 16; DRAINAGE EASEMENT OF RECORD IN BOOK 448, PAGE 49; TWENTY FOOT DRAINAGE EASEMENT OF RECORD IN BOOK 379, PAGE 316; WATER LINE EASEMENT OF RECORD IN BOOK 195, PAGE 429; AT&T EASEMENT OF RECORD IN BOOK 89, PAGE 315; SLOPE, TEMPORARY CONSTRUCTION EASEMENTS OF RECORD IN BOOK 674, PAGE 567; SEWER EASEMENTS OF RECORD IN BOOK 646, PAGE 584, AND IN BOOK 646, PAGE 587; RIGHT OF WAY OF RECORD IN BOOK 442, PAGE 429; AND TO ANY AND ALL MATTERS SHOWN ON SAID PLAT AND SURVEY OF RECORD IN PLAT BOOK 29, PAGE 102; ALL OF SAID REGISTER`S OFFICE. Parcel ID: 092A-C-013.00 PROPERTY ADDRESS: The street address of the property is believed to be 3745 S BEND DR, MURFREESBORO, TN 37128. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): JUSTIN E MORIN OTHER INTERESTED PARTIES: Barclays Bank Delaware, THE PRESERVE AT INDIAN CREEK HOMEOWNERS ASSOCIATION 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 #44243: 2013-01-27  2013-02-03, 2013-02-10  

 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 TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a certain Promissory Note dated January 28, 2010, and the Deed of Trust of even date, securing the same, recorded February 1, 2010 at Record Book 972, page 3553 in the Register’s Office of Rutherford County, Tennessee, conveying certain property therein described to
Rutherford County Area Habitat for Humanity, Inc.
NOW, THEREFORE, notice is hereby gien that the entire indebtedness has been declared due and payable; and that the undersigned, B. Jo Atwood, Trustee by virtue of the power, duty and authority vested in and imposed upon said Trustee will, on the 25th day of February, 2013, on or about 10:00 a.m., at the Rutherford County Courthouse in Murfreesboro, Tennessee, offer for sale certain property hereinafter described to the highest bidder for CASH, free from the statutory right of redemption, homestead, dower and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Rutherford County, Tennessee, and being more particularly described as follows:
BEING all of Lot No. 1, FINAL PLAT, RUTHERFORD COUNTY HABITAT FOR HUMANITY SEVIER-HIGHLAND SUBDIVISION, according to survey and plat of same appearing of record in Plat Book 34, 253, of the Register’s Office of Rutherford County, Tennessee, to which plat reference is hereby made for more complete details as to location and description of said lot.
Being the same property conveyed to Charles M. Hurst of record in Record Book 972, page 3532 in the Register of Deeds Office of Rutherford County, Tennessee.
This property is also known as 225 South Highland, Murfreesboro, Tennessee, 37130.  
The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown in the Register of Deed’s Office of Rutherford County, Tennessee; any unpaid taxes; any restrictive covenants, easements, leases, any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances, easements, as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.   Other interested parties:  Rutherford County Area Habitat for Humanity, Inc.
This sale held pursuant to this Notice may be rescinded at the Trustee’s option 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. The undersigned will sell and convey only as Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.
DATED January 31, 2013.
Rutherford County Area Habitat for Humanity, Inc.
Beth Smith, Executive Director
ATWOOD & MOORE, ATTORNEYS
144 Uptown Square, Murfreesboro, TN  37129
(615) 895-2421
To be run: Murfreesboro Post, Classified Ads, February 3rd, February 10th and February 17th.
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