| Legal/Public Notices for 04/26/12 (1) |
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Posted: Sunday, April 29, 2012 9:28 am
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SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on May 17, 2012 at 10:00AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by William R. Clift, to Thomas Wells, Trustee, on August 16, 2001 at Record Book 89, Page 371; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Rutherford County Register's Office.
Owner of Debt: Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2001-D, Asset-Backed Certificates, Series 2001-D
The following real estate located in Rutherford County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Described property located in Rutherford County, Tennessee, more particularly described as follows:
Bounded on the North, and also on the West by Mrs. Harmon Barrett realty; bounded on the South by Samuel and Jamie Wood Realty, and the Ben Arnett Jr. and Janie Arnett realty; and bounded on the East by Readyville Street containing One-half (1/2) acre, more or less, by estimation.
Street Address: 1749 Readyville Street, Readyville, Tennessee 37149
Parcel Number: 107-01000
Current Owner(s) of Property: William Robert Clift and Elizabeth Roberta Reeves, as joint tenants with rights or survivorship
Other interested parties: Atlantic Credit & Finance Inc., assignee of HSBC c/o Buffaloe & Associates, PLC, Attorneys
The street address of the above described property is believed to be 1749 Readyville Street, Readyville, Tennessee 37149, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
All right of equity of redemption, statutory and otherwise, and homestead 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 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.
If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.
This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor, Memphis, TN 38117
Phone (901)767-5566, Fax (901)761-5690
File No. 11-014505
SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on May 17, 2012 at 10:00AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by William K. McKnight, married, and Jennifer A. McKnight, his spouse, to Coomer & Jenkins, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for Franklin American Mortgage Company on May 24, 2002 at Book 159, Page 1442; conducted by Shapiro & Kirsch, LLP having been appointed Substitute or Successor Trustee, all of record in the Rutherford County Register's Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable.
Party Entitled to Enforce the Debt: Owner of Debt: Wells Fargo Bank, NA
The following real estate located in Rutherford County, Tennessee, will be sold to the highest call bidder:
Described property located in Rutherford County, Tennessee, to wit:
Lot Number 379 on the Plan of Hailey Hills, Section 6, of record in Plat Book 22, Page 107, Register's Office for Rutherford County, Tennessee, to which plat reference is hereby made for a more complete legal description.
Street Address: 203 Brittany Drive, La Vergne, Tennessee 37086
Parcel Number: 17M-D-69
Current Owner(s) of Property: William K. McKnight
Other interested parties: Southeast Financial Credit Union, c/o Joseph J. Jenson, Attorney
The street address of the above described property is believed to be 203 Brittany Drive, La Vergne, Tennessee 37086, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the HB 3588 letter mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat any unpaid taxes; and any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; 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 sale is subject to all matters shown on any applicable recorded plat any unpaid taxes; and any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; 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. In addition, the following parties may claim an interest in the above-referenced property:
Southeast Financial Credit Union, c/o Joseph J. Jenson, Attorney
All right of equity of redemption, statutory and otherwise, and homestead 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 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. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time.
This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor, Memphis, TN 38117
Phone (901)767-5566, Fax (901)761-5690
File No. 04-1214
SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on May 17, 2012 at 10:00AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by Kent A. Daniels, to Allen South, Trustee, on July 2, 2003 at Record Book 287, Page 1203; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Rutherford County Register's Office.
Owner of Debt: EverBank
The following real estate located in Rutherford County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
A certain tract or parcel of land located in Rutherford County, State of Tennessee, described as follows, to-wit:
Being all of Lot No. 16L, Resubdivision of Lots 25, 30 and 39, Phase I, 2nd Resubdivision of Lots 12 and 16, Phase II, and 2nd Resubdivision of Lots 8 and 11, Phase II, Wellington Place, according to the plat thereof, recorded in Plat Book 24, Page 116; see also Plat Book 24, Page 44 of the Register's Office of Rutherford County, Tennessee, to which plat reference is hereby made for more complete details of location and description of said lot.
This conveyance is subject to restrictive covenants of record in Record Book 20, Page 404 and Record Book 47, page 2019; subdivision easement and street grant in Deed Book 673, Page 86 and Record Book 11, Page 1493; avigation easement in Deed Book 123, Page 473; waterline easement in Deed Book 90, Page 279; any and all matters as shown on plat of record in Plat Book 24, Page 116 and Plat Book 24, Page 44; of the Register's Office of Rutherford County, Tennessee.
This conveyance is made subject to any and all zoning regulations, building restrictions and setback lines, if any, and easements and rights for public utilities applicable to this property; and taxes for the current year which have been prorated and assumed by the Grantee(s) herein.
Street Address: 1411 Rochester Drive, Murfreesboro, Tennessee 37130
Parcel Number: 081J-E-016.01
Current Owner(s) of Property: Kent A. Daniels
The street address of the above described property is believed to be 1411 Rochester Drive, Murfreesboro, Tennessee 37130, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
All right of equity of redemption, statutory and otherwise, and homestead 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 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.
If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.
This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor, Memphis, TN 38117
Phone (901)767-5566, Fax (901)761-5690
File No. 12-032632
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 January 30, 2004, executed by PATRICIA R HUNT, UNMARRIED, conveying certain real property therein described to CTC REAL ESTATE SERVICES as same appears of record in the Register's Office of Rutherford County, on February 4, 2004, as Instrument No. 1252148, in Book 355, at Page 1207; 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 BENEFIT OF THE CERTIFICATE HOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2004-4CB, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-4CB, 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 , as Instrument No. 1729307, in Book 1064, at Page 1325. 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 May 18, 2012, 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 Lot No. 8, Block H of the Henry King Resubdivision of Kingwood Heights, as shown by plat of record in Plat Book 84, page 436, 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. Said Lot 8 fronts on the eastern margin of Kingwood Drive 50.0 feet and runs back easterly 157.0 feet on the north line and 156.04 feet on the south lie closed by a rear or east line of 50.0 feet. PARCEL # 080N-C-007.00 PROPERTY ADDRESS: The street address of the property is believed to be 616 KINGWOOD DRIVE, MURFREESBORO, TN 37129. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): PATRICIA R. HUNT AKA PATRICIA HUNT OTHER INTERESTED PARTIES: 1). MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 2). COUNTRYWIDE HOME LOANS, INC. The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular 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#: 12-0013011 FEI # 1006.155418 04/26/2012, 05/03/2012, 05/10/2012
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 28, 2006, executed by WILLIAM R. WARNER AND TIFFANY WARNER, conveying certain real property therein described to THE TITLE SHOP as same appears of record in the Register's Office of Rutherford County, on July 13, 2006, as Instrument No. 1430826, in Book 641, at Page 2172; 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 CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2007-BC1, 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 May 18, 2012, 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. 14, JEFFERSON SQUARE, SECTION I, AS SHOWN BY PLAT AND SURVEY OF RECORD IN PLAT BOOK 9, PAGE 39, 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 # 027D A 01500 000 PROPERTY ADDRESS: The street address of the property is believed to be 317 CONSTITUTION COURT, SMYRNA, TN 37167. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): WILLIAM R WARNER, TIFFANY WARNER AKA TIFFANY D. WARNER OTHER INTERESTED PARTIES: 1). MIDLAND FUNDING LLC AS ASSIGNEE OF ASPIRE VISA, 2). MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, 3). OWNIT MORTGAGE SOLUTIONS, INC., A CALIFORNIA CORPORATION 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#: 12-0012069 FEI # 1006.155630 04/26/2012, 05/03/2012, 05/10/2012
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 30, 2009, executed by CLAUD MEARS, UNMARRIED, conveying certain real property therein described to DENISE E. COLE, ESQ. as same appears of record in the Register's Office of Rutherford County, on May 11, 2009, as Instrument No. 1620313, in Book 918, at Page 2657; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., 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 May 18, 2012, 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: LAND IN THE 13TH CIVIL DISTRICT OF RUTHERFORD COUNTY, TENNESSEE, BEING LOT(S) 16, AS SHOWN ON THE MAP ENTITLED RIVER BIRCH ESTATES SECTION II, OF RECORD AS PLAT BOOK 15, PAGE 254, REGISTER'S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAN REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION. PARCEL # 113J-A-11.05 PROPERTY ADDRESS: The street address of the property is believed to be 2406 GLAD COURT, 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): CLAUD MEARS OTHER INTERESTED PARTIES: 1. CITY OF MURFREESBORO 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#: 12-0012031 FEI # 1006.155576 04/26/2012, 05/03/2012, 05/10/2012
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 May 24, 2007, executed by ROBERT BROMLEY, A SINGLE MAN, conveying certain real property therein described to PAUL F. SOPER as same appears of record in the Register's Office of Rutherford County, on June 4, 2007, as Instrument No. 1500207, in Book 749, at Page 3801; and corrected by instrument dated May 24,2007 and recorded July 10,2008, of record in Instrument Number 1573708, Record Book 856, Page 2474, Register's Office for Rutherford County, Tennessee, and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., 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 May 18, 2012, 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: LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING LOT(S) 131, AS SHOWN ON THE MAP ENTITLED FINAL PLAT, PHASE FIVE, LAKE FOREST ESTATES SUBDIVISION, OF RECORD IN PLAT BOOK 17, PAGE(S) 45, REGISTER'S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAN REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION. PARCEL # 006J D 00200 PROPERTY ADDRESS: The street address of the property is believed to be 417 RANDALL LANE, 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): ROBERT BROMLEY AKA ROBERT A BROMLEY OTHER INTERESTED PARTIES: The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular 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#: 12-0011250 FEI # 1006.155688 04/26/2012, 05/03/2012, 05/10/2012
SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on May 10, 2012 at 10:00AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by Bouavanh Saychantha, unmarried and Bouachanh Saychantha, and husband, Champy Saychantha, to Matt B. Murfree, Trustee, as trustee for Guaranty Trust Company on May 23, 2005 at Record Book 510, Page 887; conducted by Shapiro & Kirsch, LLP having been appointed Substitute or Successor Trustee, all of record in the Rutherford County Register's Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable.
Party Entitled to Enforce the Debt: Owner of Debt: Wells Fargo Bank, NA
The following real estate located in Rutherford County, Tennessee, will be sold to the highest call bidder:
Described property located at Rutherford, County, Tennessee, to wit:
Being Lot No. 23 on the Plan of Johnstown, Section II, Final Plat, as of record in Plat Book 27, Page 131, Register's Office for Rutherford County, Tennessee, to which said plan reference is hereby made for a more complete and accurate legal description thereof.
Street Address: 530 Johnstown Drive, Smyrna, Tennessee 37167
Parcel Number: 033A B 00600
Current Owner(s) of Property: Bouavanh Saychantha, unmarried and Bouachanh Saychantha, married
Other interested parties: LVNV Funding, L.L.C. as assignee of HSBC Bank Nevada National Association c/o Shon Leverette, Cavalry Portfolio Services, L. L. C. Assignee of Bank of America c/o Garner and Conner, P. L. L. C., Capital One Bank c/o Shon Leverette and Branch Banking and Trust Company c/o Stone and Hinds, P. C.
The street address of the above described property is believed to be 530 Johnstown Drive, Smyrna, Tennessee 37167, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the HB 3588 letter mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat any unpaid taxes; and any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; 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 sale is subject to all matters shown on any applicable recorded plat any unpaid taxes; and any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; 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. In addition, the following parties may claim an interest in the above-referenced property:
LVNV Funding, L.L.C. as assignee of HSBC Bank Nevada National Association c/o Shon Leverette, Cavalry Portfolio Services, L.L.C. Assignee of Bank of America c/o Garner and Conner, P.L.L.C., Capital One Bank c/o Shon Leverette and Branch Banking and Trust Company c/o Stone and Hinds, P.C.
All right of equity of redemption, statutory and otherwise, and homestead 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 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. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded by the Substitute Trustee at any time.
This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor, Memphis, TN 38117
Phone (901)767-5566, Fax (901)761-5690
File No. 12-032516 |
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