| Legal/Public Notices for 02-20-2011 (1) |
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Posted: Monday, February 21, 2011 10:47 am
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Potential applicants of Colony Square Apartments located at 500 Rock Springs Rd. Smyrna, TN 37167. Please be advised that the community waiting list will reopen on 2/21/11. Additional applications will be accepted beginning on this date.
PUBLIC NOTICE
The tax returns for calendar years 2008, 2009 & 2010 and all exempt status application materials and any related documents for Sheperds Rest Ministries, Inc. (Federal Identification number 62-1717371), an organization exempt from federal income tax under Internal Revenue Cod Section 501(c)(3), is available for public inspection at its principal office during regular business hours by any citizen who requests inspection within 180 days after this notice is published. The address of the private foundation’s principal office is 1847 James Drive, Murfreesboro TN 37129 and the private foundation’s principal manager, Harold Bryer, can be contacted by phone at 615-898-1756.
To be run: 2/20/11
IN THE PROBATE COURT FOR RUTHERFORD COUNTY, TENNESSEE
IN RE: FRANK DEFAZIO, DECEASED
ORDER OF PUBLICATION
Upon consideration of the Petition submitted by Middle Tennessee Medical Center, Inc. (“MTMC”), requesting authority to dispose of the bodily remains of Frank Defazio (“Decedent”), it appears that the Decedent’s interested relative(s) or next of kin cannot be determined or located upon dilligent search and inquiry, and that ordinary process of law cannot be served upon them. Service of process by publication is ordered and any interested relative(s) or next of kin are hereby required to appear and answer or otherwise defend against MTMC’s Petition requesting authority to dispose of the bodily remains of Frank Defazio within 30 days after the date of the last publication of this notice. Otherwise, the relief requested in MTMC’s petition will be granted in open court when this petition is heard on the 22nd day of April, 2011 at 8:30 a.m. MTMC’s attorneys are Amy D. Hampton and Jessica T. Patrick, Bradley Arant Boult Cummings LLP, 1600 Division Street, Suite 700, Nashville, TN 37203.
It is further ORDERED that this notice shall be published in a newspaper of general circulation serving Rutherford County, Tennessee, once weekly for four consecutive weeks.
ENTERED this 15 day February, 2011.
Signed s/ Larry D. Brandon, Judge
Submitted for Approval By: BRADLEY ARANT BOULT CUMMINGS LLP
By: s/Jessica T. Patrick
Amy D. Hampton
(No. 22826)
Jessica T. Patrick
(No. 028039)
1600 Division St., Suite 700
PO Box 340025
Nashville, TN 37203
(615) 252-2360
To be run: 2/20, 2/27, 3/6, 3/13/11
IN THE CHANCERY COURT OF RUTHERFORD COUNTY, TENNESSEE
JOSE DONNADIEU, PLAINTIFF
VS. ARACELI BERNABE, DEFENDANT,
TO: ARACELI BERNABE
CASE NO. 11CV-204
Order of Publication
It appearing from the bill in this cause, which is sworn to that the residence and current address of the above listed defendant, ARACELI BERNABE, is unknown and cannot be served with process, It is ordered that publication be made for four consecutive weeks in THE MURFREESBORO POST, a newspaper published in MURFREESBORO, RUTHERFORD COUNTY, TN requiring the said defendant, ARACELI BERNABE, to appear before the clerk of said Court on or before thirty days after the last publication hereof and make defense to the bill filed in the above cause, which seeks DIVORCE or otherwise said bill be taken for confessed and cause proceeded with exparte.
This the 10TH day of FEBRUARY, 2011.
John A. W. Bratcher, Clerk of said Court.
By: Lori Finch, Deputy Clerk.
Solicitors for Plaintiff: KIMPI KENDRICK
TO BE RUN: 2/13, 2/20, 2/27 & 3/6/11
NOTICE TO CREDITORS
Estate of Mary A Sneed
Notice is hereby given that on the 10 day of February 2011, Letters Testamentary, in respect to the estate of Mary A Sneed, who died December 12, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 10 day of February, 2011.
Signed s/ Mark Moore, Executor
Attorney for the estate: Mark S Moore
Lisa Crowell, County Clerk
To be run 02/20/2011 & 02/27/2011
NOTICE TO CREDITORS
Estate of Sheila Marline Mathis
Notice is hereby given that on the 3 day of February 2011, Letters of Administration, in respect to the estate of Sheila Marline Mathis, who died January 23, 2011, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 3 day of February, 2011.
Signed s/ Jason Norris Mathis, Administrator
Attorney for the estate: Ben E Bennett
Lisa Crowell, County Clerk
To be run 02/13/2011 & 02/20/2011
NOTICE TO CREDITORS
Estate of Melville R McMillan
Notice is hereby given that on the 3 day of February 2011, Letters of Administration, in respect to the estate of Melville R McMillian, who died January 04, 2011, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 3 day of February, 2011.
Signed s/ Roger L McMillan, Administrator
Attorney for the estate: Frank M Fly
Lisa Crowell, County Clerk
To be run 02/13/2011 & 02/20/2011
NOTICE TO CREDITORS
Estate of Emmitt Junior Spears
Notice is hereby given that on the 4 day of February 2011, Letters of Administration, in respect to the estate of Emmitt Junior Spears, who died December 24, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 4 day of February, 2011.
Signed s/ Robbie Spears, Administrator
Attorney for the estate: Gary D Beasley
Lisa Crowell, County Clerk
To be run 02/13/2011 & 02/20/2011
NOTICE TO CREDITORS
Estate of John Edmund Vaughn
Notice is hereby given that on the 3 day of February 2011, Letters Testamentary, in respect to the estate of John Edmund Vaughn, who died February 27, 2008, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 3 day of February, 2011.
Signed s/ Richard E Vaughn, Executor
Attorney for the estate: Thomas I Bottorff
Lisa Crowell, County Clerk
To be run 02/13/2011 & 02/20/2011
NOTICE TO CREDITORS
Estate of Doris Rheuanna Matheny
Notice is hereby given that on the 4 day of February 2011, Letters Testamentary, in respect to the estate of Doris Rheuanna Matheny, who died January 22, 2011, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 4 day of February, 2011.
Signed s/ Sharon Matheny, Executrix
Signed s/ Karon Robinson, Executrix
Attorney for the estate: Frank M Fly
Lisa Crowell, County Clerk
To be run 02/13/2011 & 02/20/2011
NOTICE TO CREDITORS
Estate of John Ryland Matheny
Notice is hereby given that on the 4 day of February 2011, Letters Testamentary, in respect to the estate of John Ryland Matheny, who died January 15, 2011, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 4 day of February, 2011.
Signed s/ Sharon Matheny, Executrix
Signed s/ Karon Robinson, Executrix
Attorney for the estate: Frank M Fly
Lisa Crowell, County Clerk
To be run 02/13/2011 & 02/20/2011
NOTICE TO CREDITORS
Estate of Annie Marie Davis Clinton
Notice is hereby given that on the 1 day of February 2011, Letters of Administration, in respect to the estate of Annie Marie Davis Clinton, who died August 25, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 1 day of February, 2011.
Signed s/ Steve Clinton, Administrator
Attorney for the estate: J.D. Kious
Lisa Crowell, County Clerk
To be run 02/13/2011 & 02/20/2011
NOTICE TO CREDITORS
Estate of Leslie Buford Hall
Notice is hereby given that on the 3 day of February 2011, Letters Testamentary, in respect to the estate of Leslie Buford Hall, who died January 16, 2011, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 3 day of February, 2011.
Signed s/ Rhonda Elaine Hall, Executrix
Attorney for the estate: Ben E Bennett
Lisa Crowell, County Clerk
To be run 02/13/2011 & 02/20/2011
NOTICE TO CREDITORS
Estate of Ruth Medlock
Notice is hereby given that on the 1 day of February 2011, Letters Testamentary, in respect to the estate of Ruth Medlock, who died December 17, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 1 day of February, 2011.
Signed s/ Mark Cole, Executor
Attorney for the estate: Jeffery E McCullough
Lisa Crowell, County Clerk
To be run 02/13/2011 & 02/20/2011
NOTICE TO CREDITORS
Estate of Betty C Hill
Notice is hereby given that on the 4 day of February 2011, Letters Testamentary, in respect to the estate of Betty C Hill, who died December 21, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 4 day of February, 2011.
Signed s/ Joseph O Hill, Executor
Attorney for the estate: NONE
Lisa Crowell, County Clerk
To be run 02/13/2011 & 02/20/2011
NOTICE TO CREDITORS
Estate of Virginia W Hester
Notice is hereby given that on the 3 day of February 2011, Letters Testamentary, in respect to the estate of Virginia W Hester, who died January 15, 2011, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 3 day of February, 2011.
Signed s/ Gail Hester Vick, Executrix
Attorney for the estate: Josh A McCreary
Lisa Crowell, County Clerk
To be run 02/13/2011 & 02/20/2011
NOTICE TO CREDITORS
Estate of William John Jaycox
Notice is hereby given that on the 4 day of February 2011, Letters of Administration, in respect to the estate of William John Jaycox, who died November 26, 2010, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court within the earlier of four (4) months from the date of the first publication of this notice or twelve (12) months from the decedent’s date of death, otherwise their claims will be forever barred.
This 4 day of February, 2011.
Signed s/ David Carroll, Administrator
Attorney for the estate: Evans, Jones & Reynolds PC
Lisa Crowell, County Clerk
To be run 02/13/2011 & 02/20/2011
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust from Kelly A Parker, aka Kelly Townsend and Russell Townsend, ("Borrowers") to Title Enterprises, LLC, Trustee for the benefit of Mortgage Electronic Registration Systems, Inc., as nominee for EquiFirst Corporation, dated October 3, 2006 and recorded on October 19, 2006 in Book 677, Page 1219, Instrument No. 1453210 Register's Office for Rutherford County, Tennessee, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by the lawful owner and holder thereof; and The undersigned, Trustee Management Company, Successor Trustee, having been appointed Successor Trustee in instrument dated December 15, 2010 of record in Instrument No. 1707650, Book 1036, Page 3330, said Register's Office, to serve in the place and stead of Title Enterprises, LLC, Trustee; NOW, THEREFORE, I, Trustee Management Company, Successor Trustee, pursuant to said Deed of Trust, having been requested by Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2007-RFC1, Asset-Backed Pass Through Certificates, the owner and holder of said indebtedness so to do, and by virtue of the authority and power vested in me by said Deed of Trust will, on March 15, 2011 at 12:00 pm, at the County Courthouse, in Rutherford County, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), free from the equity of redemption, the statutory right of redemption, homestead, dower, elective share, and all other exemptions of Borrower of every kind, all of which have been expressly waived by Borrower, the following-described property in Rutherford County, Tennessee: A Certain tract or parcel of land in Rutherford County, State of Tennessee, described as follows, to-wit: Being all of Lot #12, of Section One, Hunters Point, as shown by plat and survey of record in Plat Book 14, page 162, Register's Office of Rutherford County, Tennessee, to which plat reference is hereby made for a more complete and accurate description. Being the same property conveyed to Kelly A. Parker by Quit Claim Deed from Stanley W. Parker of record in Book 116, page 2721, Register's Office for Rutherford County, Tennessee, dated December 3, 2001 and recorded December 7, 2001. This conveyance is made subject to all zoning regulation, building restrictions, easements, rights of public utilities or other government regulations applicable to the foregoing property. Parcel No.: 0280-B-012.00 More commonly known as: 507 Saint Francis Avenue, Smyrna, TN 37167 The property is encumbered by no liens or claims of lien filed by the United States Internal Revenue Service in the Register's Office of Rutherford County. This property is encumbered by no liens or claims of lien filed by the State of Tennessee, Tax Enforcement Division, in the Register's Office of Rutherford County, Tennessee. Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Successor Trustee shall have the option of accepting the second highest bid, or the next highest bid with which the buyer is able to comply. The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above. This sale is subject to liens, easements, encumbrances, property taxes, rights of redemption of taxing entities and other matters, which are prior in right to the lien of the aforesaid Deed of Trust. Notice has been provided under T.C.A. § 35-5-117. KNOWN INTERESTED PARTIES: Mortgage Electronic Registration Systems /s/ Trustee Management Company Successor Trustee 10975 El Monte, Suite 225 Overland Park, KS 66211 NOTICE This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. Pursuant to the Fair Debt Practices Collections Act no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction. Ad #9952: 2011-02-20 2011-02-27, 2011-03-06
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 Chris B. Nicks and Sheila A. Nicks to Gregg Murphy, Trustee dated July 15, 2005 in the amount of $109,032.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 522, Page 1603, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to Deutsche Bank Trust Company Americas as Trustee by assignment; and, Deutsche Bank Trust Company Americas 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, March 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: Being all of Lot No. 73, Final Plat, Section II, the preserve at Indian Creek Subdivision, according to plat and survey appearing of record in Plat Book 28, Page 114, of the Registers 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 Chris B. Nicks and wife, Sheila A. Nicks, by deed from Ole South Properties, Inc., a Tennessee Corporation, dated July 15, 2005, appearing of record in Record Book 522 Page 1600 of the Registers 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 453, Page 990; and to any and all matters shown on said plat and survey of record in Plat Book 28, Page 114; Easement to United Cities Gas of record in Book 671, Page 226 and in Book 537, Page 770; Easement to consolidated of record in Book 671, Page 841; Subdivision easement and Street Grants of record in Book 450, Page 76; easement to United States of America of record in Book 84, Page 227 and in Box Y, Sheet 16; Twenty foot easement of record in Book 379, Page 316; Water line easement of record in Book 195, Page 479; Sewer easement of record in Book 646, Page 584 and in Book 646, Page 587; Drainage easement of record in Book 448, Page 49; AT&T easement of record in Book 89, Page 328; right of way and drainage easement of record in Book 442, Page 429; Slope and Temporary construction easement of record in Book 674, Page 567; all of said Registers Office. Map & Parcel No.: 92A-B/31.00 PROPERTY ADDRESS: 853 Maricopa Drive, Murfreesboro, Tennessee 37129 CURRENT OWNER(S): Chris B. Nicks and Sheila A. Nicks SUBORDINATE LEINHOLDERS: Regions Bank 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. 08-26677 /CONV Ad Run Dates: 2/13/2011, 2/20/2011 and 2/27/2011 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 # 9949
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 Terrick C. Leighton to Denise Haraseviate, Trustee dated December 23, 2006 in the amount of $105,000.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 1468935, Deed Book 701, Page 3267, ("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 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, March 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: All that certain parcel of land situated in the County of Rutherford, State of Tennessee, being known and designated as Lot 211 on the final Plat of Phase Four Lake Woods Subdivision, as the same appears of record in Plat Book 17, Page 25, Registers Office for Rutherford County, Tennessee, to which plan reference is hereby made for a more complete description thereof. Being the same property as conveyed from Holigan Homes, Inc. a Texas Corporation to Terrik C. Leighton, unmarried, as described in Deed Book 552 at Page 593, dated 06/29/1995, recorded 07/17/1995 in Rutherford County records. Tax ID: 6J C 35 Map & Parcel No.: 6J-C/35.00 PROPERTY ADDRESS: 504 Gammon Lane, Lavergne, Tennessee 37086 CURRENT OWNER(S): Terrik C. Leighton SUBORDINATE LEINHOLDERS: N/A OTHER INTERESTED PARTIES: American General Finance 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. 11-01566 /FHLMC Ad Run Dates: 2/13/2011, 2/20/2011 and 2/27/2011 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 # 9942
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 Barbara Smith to Michael Powell, Trustee dated October 14, 2004 in the amount of $85,500.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 439, Page 2254, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to GMAC Mortgage, LLC by assignment; and, GMAC Mortgage, LLC, 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, March 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: Land in Rutherford County, Tennessee, being Lot No. 49 on the Plan of Re-Subdivision of Lots 36 thru 39 and 48 thru 54 of Section One Greenwood, of record in Plat Book 14, Page 81, Registers Office for Said County, to which reference is hereby made for a more complete description. Being the same property conveyed to Barbara A. Smith, from Andrew M. Cuomo, Secretary of Housing and Urban Development, of Washington, D.C., by Deed dated October 30, 1998, in Book 677, Page 577, in the Rutherford County Registers Office. Map & Parcel No.: 017L-C-049.00 PROPERTY ADDRESS: 108 Forest Lane, La Vergne, Tennessee 37086 CURRENT OWNER(S): Barbara A. Smith SUBORDINATE LEINHOLDERS: N/A OTHER INTERESTED PARTIES: Bank of America, 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. 09-04369 /CONV Ad Run Dates: 2/13/2011, 2/20/2011, and 2/27/2011 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 # 10012
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