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Legal/Public Notices for 02/10/13 - 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
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated June 17, 2005, executed by BOBBY G PINION, AN UNMARRIED MAN, conveying certain real property therein described to ROBERT M. WILSON, JR as same appears of record in the Register's Office of Rutherford County, on June 21, 2005, as Instrument No. 1349682, in Book 512, at Page 375; 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 CWALT, INC., ALTERNATIVE LOAN TRUST 2005-35CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-35CB, who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee’s Sale. WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument 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, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on March 4, 2013, 2:00 PM at the Rutherford County courthouse door where the foreclosure sales are customarily held At the Rutherford County Courthouse, Murfreesboro, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Rutherford County, Tennessee, to wit: BEING ALL OF LOT NO. 87, BUCHANAN ESTATES, SECTION I, PHASE I, ACCORDING TO PLAT AND SURVEY OF SAME APPEARING OF RECORD IN PLAT BOOK 28, PAGE 128, 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. PARCEL# 157E-A-087.00 PROPERTY ADDRESS: The street address of the property is believed to be 2219 RANKIN DR, CHRISTIANA, TN 37037. 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): MICHAEL S. BLIGH, TRUSTEE OF THE PINION REVOCABLE LIVING TRUST OTHER INTERESTED PARTIES: 1). BOBBY G PINION AKA BOBBY GLEN PINION 2). WILLIAMS MUNGULA 3). PATRICIA GUTIERREZ 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. RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#: 11-0050006 FEI # 1006.139576 02/10/2013, 02/17/2013, 02/24/2013                 

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 given 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

NOTICE OF SUCCESSOR TRUSTEE'S SALE
Default having been made in the payment of an indebtedness described in and secured by that certain Deed of Trust executed by KELLY L. PETERSON and RAY ZACHARY to David Major, Trustee, recorded in Record Book 705, page 3098, of the Register's Office of Rutherford County, Tennessee, payable to Bank of the South, embracing real estate hereinafter described, and Pinnacle Bank (formerly Bank of the South), the holder of said indebtedness having declared the entire unpaid balance immediately due and payable, and said Note not having been paid, and the undersigned, George H. White of Rutherford County, Tennessee, having been appointed as Successor Trustee by an instrument filed for record in said Register's Office and said holder having directed him so to do.
NOTICE IS HEREBY GIVEN, that he will on MONDAY, FEBRRUARY 25, 2013, at or about the hour of 10:00 A.M. at the east door of the Courthouse (Public Square) in Murfreesboro, Rutherford County, Tennessee, SELL to the highest and best bidder for cash and free from all right of homestead exemption in and equitable and statutory redemption of the following described parcel of real estate situated in Rutherford County, Tennessee, to-wit:
Map/Parcel: 032N-A03000
Address: 5017 Bunker Lane, Smyrna, Tennessee 37167
Reference is hereby made to Warranty Deed of record in Record Book 705, page 3099, of the Register's Office for Rutherford County, Tennessee, for more complete details of location and description of said property.
Said sale will be made for the purpose of satisfying said indebtedness, and the undersigned Successor Trustee will deliver to the Purchaser a Successor Trustee's Deed conveying said property without any covenant or warranty expressed or implied but subject to all unpaid taxes and any liens which take priority as a matter of law.  
The Successor Trustee at his sole discretion may at the time and place appointed for this sale in order to accomplish the most advantageous sale and
consequent discharge of his trust obligation under the circumstances by oral announcement elect to adjourn the sale during regular business hours on the same day or on a different day, or at a different place, so long as no potential purchaser is thereby precluded from placing a bid.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Successor Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Successor Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof.  The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust.
INTERESTED PARTIES:     Kelly L. Peterson, Ray Zachary
George H. White, Successor Trustee
White & Polk, P.C.
107 West College Street, Murfreesboro, TN 37130
(615) 893-6592
Publish: February 3, February 10, and February 17, 2013
Murfreesboro Post
Date of Sale: February 25, 2013 at 10:00 a.m.

NOTICE OF SUCCESSOR TRUSTEE'S SALE
Default having been made in the payment of an indebtedness described in and secured by that certain Deed of Trust executed by KELLY L. PETERSON and LEE RAYMOND ZACHARY to David Major, Trustee, recorded in Record Book 678, page 3867, as modified in Record Book 726, page 2079, Record Book 814, page 2187, and Record Book 1059, page 1315, corrected in Record Book 1065, page 3570 of the Register's Office of Rutherford County, Tennessee, payable to Bank of the South, embracing real estate hereinafter described, and Pinnacle Bank (formerly Bank of the South), the holder of said indebtedness having declared the entire unpaid balance immediately due and payable, and said Note not having been paid, and the undersigned, George H. White of Rutherford County, Tennessee, having been appointed as Successor Trustee by an instrument filed for record in said Register's Office and said holder having directed him so to do.
NOTICE IS HEREBY GIVEN, that he will on MONDAY, FEBRUARY 25, 2013, at or about the hour of 10:10 A.M. at the east door of the Courthouse (Public Square) in Murfreesboro, Rutherford County, Tennessee, SELL to the highest and best bidder for cash and free from all right of homestead exemption in and equitable and statutory redemption of the following described parcel of real estate situated in Rutherford County, Tennessee, to-wit:
Map/Parcel: 032L-B-02000  
Address: 4018 Maggie Court, Smyrna, Tennessee 37167
Reference is hereby made to Warranty Deed of record in Record Book 614, page 3529, of the Register's Office for Rutherford County, Tennessee, for more complete details of location and description of said property.
Said sale will be made for the purpose of satisfying said indebtedness, and the undersigned Successor Trustee will deliver to the Purchaser a Successor Trustee's Deed conveying said property without any covenant or warranty expressed or implied but subject to all unpaid taxes and any liens which take priority as a matter of law.  
The Successor Trustee at his sole discretion may at the time and place appointed for this sale in order to accomplish the most advantageous sale and consequent discharge of his trust obligation under the circumstances by oral announcement elect to adjourn the sale during regular business hours on the same day or on a different day, or at a different place, so long as no potential purchaser is thereby precluded from placing a bid.
The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Successor Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Successor Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof.  The proceeds derived from the sale of the property will be applied as provided for in said Deed of Trust.
INTERESTED PARTIES: Kelly L. Peterson, Lee Raymond Zachary
George H. White, Successor Trustee
White & Polk, P.C.
107 West College Street, Murfreesboro, TN 37130
(615) 893-6592
Publish: February 3, February 10, and February 17, 2013
Murfreesboro Post
Date of Sale: February 25, 2013 at 10:10 a.m.

FORECLOSURE SALE NOTICE
WHEREAS, Wesley Counts, by a Deed of Trust, dated July 31, 2007, of record in Record Book 772, Page 2805, Register’s Office for Rutherford County, Tennessee, conveyed to Randall Clemons, Trustee, the hereinafter described real property to secure payment of a promissory note as described in said Deed of Trust; and  
The lender has complied with TCA 35-5-117 by mailing debtor Notice of Right to Foreclose.
WHEREAS, Robert Evans Lee having been appointed Substitute Trustee by Wilson Bank & Trust, the owner and holder of said note by an instrument of record in Record Book 1167, Page 1509, Register’s Office for Rutherford County, Tennessee, with authority to act alone with the powers given the Trustee; and
WHEREAS, default having occurred with respect to the note secured by the Deed of Trust, and the full balance owing having been accelerated; and
WHEREAS, Wilson Bank & Trust, as the owner and holder of said note, has demanded that the real property covered by the Deed of Trust be advertised and sold in satisfaction of said debt and the cost of the foreclosure, in accordance with the terms and provisions of said note and Deed of Trust;
NOW, THEREFORE, notice is hereby given that I, Robert Evans Lee, Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon me in said Deed of Trust, will on March 8, 2013 at 11:00 AM., Central Time, at the front door of the Courthouse in Murfreesboro, Rutherford County, Tennessee, offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory or otherwise, homestead, dower and all other rights and exemptions of every kind as provided in said Deed of Trust, certain real property situated in Rutherford County, Tennessee, described as follows:
MAP 090-P  GROUP K  PARCEL 010.00
Land in Rutherford County, Tennessee, being all of Lot No. 17 and part of Lot 15, on the Plan of Bilbro Addition Annex, to the City of Murfreesboro, as shown by plat appearing of record in Deed Book 68, Page 278 and 279, 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 Wes Counts, unmarried, by Warranty Deed dated June 22, 2006 of record in Record Book 638, Page 1611, Register’s Office for Rutherford County, Tennessee.
Subject property has the address of 214 First Avenue, Murfreesboro, TN 37130
The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of sale set forth above, and/or to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.
Substitute Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by Successor Trustee’s Deed, as Substitute Trustee only.
THIS sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes which exist as a lien against said property, including without limitation city and county property taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any prior liens or encumbrances that may exist against the property.  This sale is also subject to any matter that an accurate survey of the premises might disclose.
INTERESTED PARTIES are Rutherford County Property Tax Division and City of Murfreesboro Property Tax Division.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.
THIS 1st day of February, 2012
Run: February 10, 2013, February 17, 2013, February 24, 2013
Robert Evans Lee, Substitute Trustee
Lee & Lee Attorneys at Law, P.C.
109 East Gay Street, Lebanon, TN  37087
615-444-3900
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