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Legal/Public Notices for 07/05/12 (3)


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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 30, 2003, executed by SCOTT E. GREEN AND WIFE, CARRIE LEE GREEN,  conveying certain real property therein described to OLDHAM & DUNNING, LLC as same appears of  record in the Register's Office of Rutherford County, on September 3, 2003, as Instrument No. 1222536,  in Book 309, at Page 2821; and see also Affidavit to Correct Notary Acknowledgement of record in Record   Book 1050, Pg 3254, Rutherford County Register's Office, WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF  AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA  COUNTRYWIDE HOME LOANS SERVICING, LP, who is now the owner of said debt; and  WHEREAS, Notice of the Right to Foreclose (“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 July 13, 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. 31, SUMMAR CROSSROADS, PHASE I-SECTION II, AND RESUBDIVISION OF LOT NO. 25, SECTION I, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 17, PAGE 78, OF THE  REGISTER'S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE  BEING LOT NO. 31, SUMMAR CROSSROADS, PHASE I-SECTION II, AND RESUBDIVISION OF LOT NO. 25, SECTION I, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 17, PAGE 78, 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# 256-B-33.00 PROPERTY ADDRESS: The street address of the property is believed to be 106 SIERRA 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): SCOTT E. GREEN OTHER INTERESTED PARTIES: COUNTRYWIDE HOME LOANS, INC., 2). CARRIE LEE GREEN 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#: 12-0031831 FEI # 1006.161681 06/21/2012, 06/28/2012, 07/05/2012  

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on August 7, 2012 at 10:00AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by Gregg Moncier and Mary A. Moncier, to Southern Title, LLC of Brentwood, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for Network Funding, L.P. on October 25, 2010 at Record Book 1025, Page 2562; 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:
A certain tract or parcel of land located in Rutherford County, Tennessee, described as follows to-wit:  
Being all of Lot 2, Devonshire, according to plat and survey of record in Plat Book 11, page 181, of the Register's Office for Rutherford County, Tennessee, to which plat and survey reference is hereby made for more complete details of location and description of said lot.
Street Address: 905 Devonshire Court, Rockvale, Tennessee 37153
Parcel Number: 100J-C-00200
Current Owner(s) of Property: Gregg Moncier and wife, Mary A. Moncier as tenants by the entirety
The street address of the above described property is believed to be 905 Devonshire Court, Rockvale, Tennessee 37153, 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.   
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. 12-036965

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on August 9, 2012 at 2:00PM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by Linda F. Henry, unmarried woman, to Cornerstone Title, LLC, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for Dover Mortgage Company on September 30, 2008 at Record Book 874, Page 2963; 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:
Land in Rutherford County, Tennessee, being Lot No. 1909 on the Plan of Lake Forest Estates, Phase 19, of record in Plat Book 19, page 19, Register's Office for Rutherford County, Tennessee, to which reference is made for a more complete description.
Street Address: 863 Lavergne Lane, La Vergne, Tennessee 37086
Parcel Number: 006O-C-04100
Current Owner(s) of Property: Linda F. Henry, unmarried
The street address of the above described property is believed to be 863 Lavergne Lane, 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.   
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. 12-036783

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on July 12, 2012 at 12:00PM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by Anna Coronado, an unmarried woman, and Marty J. Magnon, an unmarried man, to Larry N. Westbrook, Esq., Trustee, on July 2, 2002 at Record Book 169, Page 2026; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Rutherford County Register's Office.
Owner of Debt: Southeast Financial Credit Union
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, to wit:
Lot Number 4, Calgary Subdivision, Section 2, of record in Plat Book 11, Page 280, Register's Office for Rutherford County, Tennessee, to which reference is hereby made for a more complete and accurate description thereof.
Street Address: 4803 Blackman Road, Murfreesboro, Tennessee 37129
Parcel Number: 071B-A-004.00
Current Owner(s) of Property: Anna Coronado and Marty J. Magnon, both unmarried
The street address of the above described property is believed to be 4803 Blackman Road, Murfreesboro, Tennessee 37129, 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. 12-035179

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 February 28, 2003, executed by EVELYN L. BARNES, AN UNMARRIED WOMAN,  conveying certain real property therein described to ARNOLD M. WEISS, ATTORNEY as same appears  of record in the Register's Office of Rutherford County, on March 6, 2003, as Instrument No. 1180760, in  Book 238, at Page 1794; 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 July 13, 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. 69, BATTLEGROUND PLACE SUBDIVISION, SECTION THREE, AS SHOWN BY  PLAT OF RECORD IN PLAT BOOK 25, PAGE 93, OF THE REGISTER'S OFFICE OF RUTHERFORD  COUTNY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE  COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT.     PARCEL# 080J  I  027.00  PROPERTY ADDRESS: The street address of the property is believed to be 1669 O GREEN COVE,  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): EVELYN L BARNES AKA EVELYN BARNES  OTHER INTERESTED PARTIES:1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 2)  COUNTRYWIDE BANK, NA  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#: 12-0031840 FEI # 1006.161586 06/21/2012, 06/28/2012, 07/05/2012

SUBSTITUTE TRUSTEE'S NOTICE OF FORECLOSURE SALE
WHEREAS, default having been made of an indebtedness described in and secured by that certain Deed of Trust, dated July 10, 2007, executed by Donald W. Shelton, II, to J. Ben Weatherford, Trustee, recorded in Record Book 762, page 3577, Register's Office for Rutherford County, Tennessee, embracing certain real estate hereinafter described, and the undersigned, Rodney M. Scott, having been appointed Substitute Trustee by an instrument duly recorded in Record Book 1139, page 1446, Register's Office for Rutherford County; and MidSouth Bank, the holder of said indebtedness, having declared the entire unpaid balance immediately due and payable, and said note not having been paid, and said holder having directed them so to do;  
NOTICE IS HEREBY GIVEN, that he will, on Thursday, August 2, 2012, at or about the hour of 11:00 a. m., at the site of the subject property at 215 Mill Lane, Smyrna, TN, 37167, 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 property, and borrowers hereby relinquish all right of dower and curtesy in the property, the following described parcel of real estate situated in Rutherford County, Tennessee, to-wit:
Bounded on the north by property of Robert Nichols (Deed Book 278, page 61), on the east by Mill Lane, on the south by property of Barron Thomas (Deed Book 257, page 425), and on the west by property of Seaboard Railroad.
Beginning at a railroad spike in Mill Lane being approximately 880.0’ from the southerly margin of Wade Herrod Road and being the SE corner of Robert Nichols and the NE corner of this tract; thence along Mill Road S 1 deg. 20’ W, 230.0’ to a railroad spike being the SE corner of this tract; thence leaving road with the northerly line (fenced) of Barron Thomas, N 88 deg. 51’ 23” W, 634.57’ to a pin at fence corner being the SW corner of this tract; thence with the easterly line (fenced) of Seaboard Railroad property, N 88 deg. 38’ 19” E, 244.18’ to a pin at end of fence line being the NW corner of this tract; thence with the southerly line (fenced) of Robert Nichols, S 87 deg. 42’ 28” E, 603.6’ to the beginning, containing 3.357 acres, more or less, according to survey of Robert E. Francis dated August 29, 1985.
Being the same property conveyed to Donald W. Shelton, II, an unmarried man by Deed of record in Record Book 762, page 3575, of the Register’s Office of Rutherford County, Tennessee.
SUBJECT to Easement to the Town of Smyrna of record in Deed Book 309, page 279; any and all matters of record affecting the subject property; all of the Register’s Office of Rutherford County, Tennessee, and the zoning regulations of the appropriate governmental body.
This is improved property known as 215 Mill Lane, Smyrna, TN, 37167.
Notice pursuant to T. C. A. §35-5-117, is not required, as the subject property is not owner-occupied residential property.
OTHER INTERESTED PARTIES:  Norma J. Shelton
THIS SALE IS SUBJECT TO  any and all unpaid taxes, rollback taxes, restrictive covenants, easements and setback lines;  any and all prior liens or encumbrances against the aforesaid property; any statutory rights of redemption not otherwise waived in the Deed of Trust of MidSouth Bank, as set forth in Record Book 762, page 3577, Register’s Office for Rutherford County, Tennessee, 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.  
Said sale will be made for the purpose of satisfying said indebtedness to MidSouth Bank, and the undersigned Substitute Trustee will deliver to the Purchaser a Substitute Trustee's Deed conveying said property without any covenant or warranty, expressed or implied.
RODNEY M. SCOTT, SUBSTITUTE TRUSTEE
12 Public Square, Murfreesboro, TN  37130
To be Run:  July 5, July 12, and July 19, 2012
 
 
 
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