Legal/Public Notices for 08-01-10 (2) on The Murfreesboro Post

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Legal/Public Notices for 08-01-10 (2)

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Posted: Monday, August 2, 2010 2:38 pm

NOTICE OF FORECLOSURE
WHEREAS, Robert Melvin Haynes (“Grantor”), by that certain Deed of Trust dated May 12, 2006 of record at Record Book 621, Page 2638, Register’s Office for Rutherford County, Tennessee (“Register’s Office”), as corrected or amended by those instruments of record in Record Book 786, page 2310, Book 814, page 3743, Book 888, page 1548, Book 915 page 3868, Book 955, page 3900, Book 987, page 3004 and Book 1001 page 2684, Register’s Office (as corrected and amended, the “Deed of Trust”) conveyed to Robert C. Goodrich Jr., Trustee (the “Trustee”), certain property and all replacements and additions thereto (as hereinafter defined and referred to herein as the “Property”) to secure the payment of certain indebtedness described in the Deed of Trust (“Indebtedness”), which Indebtedness is presently held and owned by MidSouth Bank (“Lender”); and
WHEREAS, default has occurred by Grantor’s failure to comply with the terms and conditions of the Deed of Trust, and the Indebtedness has been declared due and payable as provided in the Deed of Trust, and the Indebtedness has not been paid; and
WHEREAS, Lender, the owner and holder of the Indebtedness, has demanded that the Property be advertised and sold in satisfaction of the Indebtedness and the costs of foreclosure in accordance with the terms of the Deed of Trust; and
NOW, THEREFORE, notice is hereby given that I, Robert C. Goodrich Jr., Trustee, pursuant to the power, duty and authority vested in and imposed upon me in the Deed of Trust, will on Wednesday, August 25, 2010, at the Property on the corner of Webb Road and Loblolly Drive, Murfreesboro, TN 37128, beginning first by public outcry commencing at 10:01 a.m. CST, and continuing online until twelve o’clock p.m. (12:00 Noon) CST, upon the terms announced publicly at the outset of the sale, and then continuing online at http://www.comasmontgomery.com (the “Auctioneer’s Website”), offer for sale to the highest and best bidder for cash, and in bar of the equity of redemption and all other rights of redemption, statutory or otherwise, (including, without limitation, those rights of redemption contained in Tennessee Code Annotated Section 66-8-101 et seq.), homestead, dower, elective share, rights of appraisement or valuation, and all other rights and exemptions of every kind, all of which are expressly waived in the Deed of Trust, certain real property situated in Rutherford County, Tennessee, together with all improvements, fixtures, privileges, hereditaments, and appurtenances including all development rights associated with the Property, more particularly described as follows (the “Property”):
Tract 1: Beginning at a ¼” iron pipe found in the East boundary of the Wood tract (DB 216, page 1795) at the Northwest corner of the Bingham tract (DB 411, page 307) and being the Southwest corner of the herein described tact, said point being located N 02 deg. 38’48” E, 327.35 feet from a ¼” iron pipe found at the Southeast corner of the said Wood tract, thence from the point of beginning with the East boundary of Wood N 02 deg. 46’47” E, 1679.86 feet to a #5 rebar set with a cap stamped “Johnson Assoc, TN RLS #1632” (all such points herein after referred to as a capped rebar set) at the Southwest corner of the Loworn tract (DB 215, page 120), thence leaving Wood with Loworn’s (DB 215, page 120, DB 89, page 414 and DB 174, page 86) South boundary N 87 deg. 16’41” E, 458.18 feet to a capped rebar set at the Southwest corner of a Cemetery tract (no deed found), thence with the Cemetery S 62 deg. 37’16” E, 97.69 feet to a #4 rebar found in the West boundary of the Morton tract (DB 265, page 917), thence with Morton’s West boundary S 00 deg. 30’51” E, 137.83 feet to a metal fence post found, thence S 00 deg. 18’27” E, 206.84 feet to a metal fence post found, thence N 88 deg. 17’59” E, 526.55 feet to a capped rebar found, thence N 10 deg. 33’53” W, 197.23 feet to a capped rebar found, thence N 00 deg. 03’18” E, 28.38 feet to a capped rebar found, thence N 05 deg. 41’08” E, 197.07 feet to a capped rebar found, thence S 84 deg. 18’52” E, 5.97 feet to a capped rebar set at the end of Morton Road at a point of curvature, thence along a curve to the left having a radius of 83.47 feet, a delta angle of 11 deg. 28’46,” a chord bearing of S 05 deg. 29’07” W and a chord distance of 16.70 feet for an arc length of 16.72 feet to a point of compound curvature, thence along a curve to the left having a radius of 49.80 feet, a delta angle of 141 deg. 19’28,” a chord bearing of S 59 deg. 26’14” E and a chord distance of 93.98 feet for an arc length of 122.84 feet to a capped rebar set at the Southwest corner of the Fye tract (DB 575, page 686), thence leaving Morton Road with Fye’s South boundary S 85 deg. 25’13” E, 130.94 feet to a capped rebar set, thence continuing with Fye along a fence line the following calls: N 79 deg. 28’33” E, 98.56 feet to a capped rebar set, thence N 82 deg. 21’55” E, 134.00 feet to a capped rebar set, thence N 86 deg. 31’14” E, 100.40 feet to a capped rebar set, thence N 88 deg. 11’44” E, 249.27 feet to a capped rebar set, thence 85 deg. 30’13” E, 125.30 feet to a capped rebar set, thence S 88 deg. 49’04” E 100.12, feet to a capped rebar set, thence N 89 deg. 42’17” E, 134.68 feet to a capped rebar set, thence N 86 deg. 02’17” E, 147.52 feet to a capped rebar set, thence N 81 deg. 26’44” E, 102.31 feet to a capped rebar set, thence S 88 deg. 36’48” E, 113.25 feet to a capped rebar set, thence N 85 deg. 41’47” E, 80.65 feet to a 15” Maple tree found, thence N 89 deg. 00’17” E, 73.15 feet to a 8” Cedar tree found, thence N 80 deg. 07’23” E, 91.76 feet to a point in the West boundary of the Loyd tract (DB 341, page 818) in the center of West Fork Stones River, thence leaving Fye and meandering with the centerline of West Fork Stones River the following calls: S 37 deg. 20’51” W, 143.86 feet to a point, thence S 69 deg. 36’18” W, 71.57 feet to a point, thence S 64 deg. 06’10” W, 225.36 feet to a point, thence S 70 deg. 53’06” W, 124.54 feet to a point, thence S 58 deg. 17’01” W, 129.39 feet to a point, thence S 63 deg. 34’41” W, 139.75 feet to a point, thence S 74 deg. 57’46” W, 181.86 feet to a point, thence S 68 deg. 32’32” W, 100.17 feet to a point, thence S 40 deg. 16’57” W, 143.57 feet to a point, thence S 09 deg. 11’39” W, 105.39 feet to a point, thence S 17 deg. 46’33” E, 280.11 feet to a point, thence S 53 deg. 54’45” E, 315.97 feet to a point, thence leaving the centerline of the river S 22 deg. 08’55” W, 36.96 feet to a capped rebar found in the west boundary of the said Bingham tract, thence with Bingham S 22 deg. 08’55” W, 445.33 feet to a capped rebar set, thence S 20 deg. 34’56” W, 104.36 feet to a capped rebar set, thence S 89 deg. 22’18” W, 78.95 feet to a capped rebar set, thence S 87 deg. 23’17” W, 198.00 feet to a capped rebar set, thence S 88 deg. 30’56” W, 113.48 feet to a capped rebar set, thence S 88 deg. 04’35” W, 519.31 feet to a capped rebar set, thence S 88 deg. 10’20” W, 251.40 feet to a capped rebar set, thence S 87 deg. 42’06” W, 613.94 feet to a capped rebar set, thence S 87 deg. 59’29” W 157.78 feet to the point of beginning. Said tract contains 74.00 acres more or less as surveyed by Kurt M. Johnson, TN RLS No. 1632, dated August 4, 2005. Being part of the tract or parcel of land conveyed to Robert Melvin Haynes by deed from Rachel L. Morton of record at Record Book 621, Page 2635, Register’s Office.
Tract 2: Beginning at a capped rebar found in the north boundary of the 30’ right of way of Webb Road at the Southwest corner of the herein described tract, said point also being the Southeast corner of the Rudd tract (DB 265, page 1289), thence from the point of beginning leaving Webb Road with Rudd’s East boundary along a fence line N 00 deg. 22’18” E, 685.09 feet to a capped rebar found, thence N 00 deg. 15’44” E, 373.89 feet to a capped rebar found, thence N 00 deg. 45’44” E, 185.41 feet to a capped rebar found, thence N 00 deg. 20’25” E, 322.29 feet to a capped rebar found, thence N 02 deg. 18’43” E, 82.55 feet to a capped rebar found, thence N 27 deg. 43’27” E, 12.62 feet to a capped rebar set, thence N 00 deg. 17’26” E, 246.15 feet to a stone found in the south boundary of the Binford Tract (DB 560, page 209), thence with Binford’s South boundary N 81 deg. 42’20” E, 91.54 feet to a 15” Cedar tree found, thence N 23 deg. 20’14” W, 364.42 feet to a #5 rebar set with a cap stamped “Johnson Assoc, TN RLS #1632” (all such points herein after referred to as a capped rebar set) in the South boundary of the 30’ right of way of Morton Road, thence leaving Binford with Morton Road S 87 deg. 22’42” E, 308.47 feet to a capped rebar set at a point of curvature, thence along a curve to the right having a radius of 479.35 feet, a delta angle of 18 deg. 33’53” a chord bearing of S 78 deg. 05’45” E and a chord distance of 154.64 feet for an arc length of 155.32 feet to a capped rebar set, thence S 68 deg. 48’49” E, 44.48 feet to a capped rebar set at the Northwest corner of the Loworn tract (DB 215, page 120), thence leaving Morton Road with Loworn’s West boundary S 01 deg. 17’09” W, 216.06 feet to a capped rebar set at the Northwest corner of the Morton tract (DB 181, page 423), thence leaving Loworn with Morton’s West boundary S 02 deg. 46’47” E, 1,679.86 feet to a “A” iron pipe found at the Northwest corner of the Bingham tract (DB 411, page 307), thence leaving Morton with Bingham’s West boundary S 02 deg. 38’48” W, 327.35 feet to a “A” iron pipe found in the said Webb Road, thence with Webb Road N 85 deg. 31’20” W, 367.82 feet to the point of beginning. Said tract contains 21.10 acres more or less as surveyed by Kurt M. Johnson, TN RLS #1632, dated August 4, 2005. Being part of the same property conveyed to Robert Melvin Haynes, by deed of record in Record Book 621, page 2635, Register’s Office.
Included in the above described tracts of land, but specifically Excluded there from are those certain lots on the Final Plat, Rachel’s Place, Section 1, of record in Plat Book 33, page 151 and 152, as amended in Plat Book 35, pages 48 and 49 and Plat Book 35, page 52, Register’s Office for Rutherford County, Tennessee, heretofore conveyed, as follows: Lots 5, 7, 8, 10, 51, 52, 54, 56, 61, 69, 73, 74, 78, 93, 94, 95, 98, 99, 102, 103 and 106B.
Bidders may register and place presale bids in advance of the public outcry, and the opening bid at public outcry will be the highest presale bid entered online. The highest bid at public outcry will then be entered online, and online bidding will continue until twelve o’clock p.m. (12:00 Noon) central standard time. Additional terms regarding online bidding and bid acceptance are more fully described at the Auctioneer’s Website.
The street addresses of the Property, to the extent property addresses exist, are believed to be 1001 Loblolly Dr., Murfreesboro TN 37128 (Lot 1, Rachel’s Place Subdivision, with all Lots referred to herein being references to Lot numbers as shown on the Plat of record in Book 33, pages 151 and 152 and Book 35 pages 48, 49 and 52, Register’s Office.), 1005 Loblolly Dr., Murfreesboro TN 37128 (Lot 2), 1009 Loblolly Dr., Murfreesboro TN 37128 (Lot 3), 1013 Loblolly Dr., Murfreesboro TN 37128 (Lot 4), 1105 Loblolly Dr., Murfreesboro TN 37128 (Lot 6), 101 Red Top Ct., Murfreesboro TN 37128 (Lot 9), 109 Red Top Ct., Murfreesboro TN 37128 (Lot 11), 106 Red Top Ct., Murfreesboro TN 37128 (Lot 12), 102 Red Top Ct., Murfreesboro TN 37128 (Lot 13), 106 Hawksbeard Ct., Murfreesboro TN 37128 (Lot 49), 1214 Sweetspire Dr., Murfreesboro TN 37128 (Lot 50), 1122 Sweetspire Dr., Murfreesboro TN 37128 (Lot 53), 1114 Sweetspire Dr., Murfreesboro TN 37128 (Lot 55), 1106 Sweetspire Dr., Murfreesboro TN 37128 (Lot 57), 1102 Sweetspire Dr., Murfreesboro TN 37128 (Lot 58), 1101 Sweetspire Dr., Murfreesboro TN 37128 (Lot 59), 1105 Sweetspire Dr., Murfreesboro TN 37128 (Lot 60), 1113 Sweetspire Dr., Murfreesboro TN 37128 (Lot 62), 1117 Sweetspire Dr., Murfreesboro TN 37128 (Lot 63), 1121 Sweetspire Dr., Murfreesboro TN 37128 (Lot 64), 101 Hyacinth Ct., Murfreesboro TN 37128 (Lot 65), 109 Hyacinth Ct., Murfreesboro TN 37128 (Lot 66), 114 Hyacinth Ct., Murfreesboro TN 37128 (Lot 67), 110 Hyacinth Ct., Murfreesboro TN 37128 (Lot 68), 516 Serviceberry Dr., Murfreesboro TN 37128 (Lot 70), 512 Serviceberry Dr., Murfreesboro TN 37128 (Lot 71), 508 Serviceberry Dr., Murfreesboro TN 37128 (Lot 72), 1010 Loblolly Dr., Murfreesboro TN 37128 (Lot 75), 1006 Loblolly Dr., Murfreesboro TN 37128 (Lot 76), 1002 Loblolly Dr., Murfreesboro TN 37128 (Lot 77), 1110 Loblolly Dr., Murfreesboro TN 37128 (Lot 79), 1114 Loblolly Dr., Murfreesboro TN 37128 (Lot 80), 1118 Loblolly Dr., Murfreesboro TN 37128 (Lot 81), 1202 Loblolly Dr., Murfreesboro TN 37128 (Lot 82), 1213 Sweetspire Dr., Murfreesboro TN 37128 (Lot 92), 605 Serviceberry Dr., Murfreesboro TN 37128 (Lot 96), 601 Serviceberry Dr., Murfreesboro TN 37128 (Lot 97), 119 Ninebark Ct., Murfreesboro TN 37128 (Lot 100), 115 Ninebark Ct., Murfreesboro TN 37128 (Lot 101), 509 Serviceberry Dr., Murfreesboro TN 37128 (Lot 104), 505 Serviceberry Dr., Murfreesboro TN 37128 (Lot 105), 701 Morton Rd., Murfreesboro TN 37128 (Lot 106), and 114 Hawksbeard Ct., Murfreesboro TN 37128 (Lot 107), 110 Hawksbeard Ct., Murfreesboro TN 37128 (Lot 108), but such addresses are not part of the legal description of the Property. In the event of any discrepancy, the legal description herein shall control.
A review of the records at the Register’s Office disclosed that the Property may be subject to certain matters set forth below and that the persons named below may be interested parties, along with the persons named in the first paragraph of this Notice of Foreclosure:
1.   Unpaid property taxes, penalties, interest, costs, and other obligations to Rutherford County.
2.   Deed of Trust to B. Jo Atwood, Trustee, for benefit of Rachel Morton, of record in Record Book 621, page 2651, Register’s Office.
3.   Restrictive Covenants contained in instrument of record in Record Book 791, page 2503, as amended in Record Book 976, page 3119, Register’s Office.
4.   Matters shown on the Plat of record in Book 33, pages 151 and 152 and Book 35 pages 48, 49 and 52, Register’s Office.
5.   Easement to AT&T of record in Record Book 841, page 1803, Register’s Office.
6.   Easement to Consolidated Utility District of record in Deed Book 419, page 309, Register’s Office.
7.   Easement to Middle Tennessee Electric Membership Corporation of record in Record Book 689, page 1713 and Record Book 783, page 1185, Register’s Office.
The sale and any title to any real property conveyed as a result of such sale will be subject to the Restrictive Covenants referenced in No. 3 above, the Plat referenced in No. 4 above, and the utility easements referenced in Nos. 5-7 above. With respect to any and all other liens, defects, encumbrances, conveyances, adverse claims and other matters, to the extent such matters take priority over the Deed of Trust under applicable law, the sale will be subject to them, and to the extent such matters do not take priority over the Deed of Trust under applicable law, the Property will not remain subject to them after the sale.
The Property is to be sold AS IS WHERE IS, without representations or warranties of any kind whatsoever, whether express or implied. Without limiting the foregoing, THE PROPERTY IS TO BE SOLD WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey his interest in the Property by Trustee’s Deed as Trustee only.
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, to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale, and to sell the Property with or without division if the Property consists of more than one parcel.
This 29th day of July, 2010.
/s/ Robert C. Goodrich Jr.
Robert C. Goodrich Jr., Trustee
STITES & HARBISON, PLLC
SunTrust Plaza, Suite 800
401 Commerce Street
Nashville, Tennessee 37219
INSERTION DATES: AUGUST 1, 2010, AUGUST 8, 2010, AUGUST 15, 2010

Attention Contractors
The City of Murfreesboro’s Community Development Department seeks contractors for city-sponsored housing rehabilitation programs.
Housing Rehabilitation Program
Projects include housing rehabilitation, emergency repairs, tree removal and reconstruction (new home construction).
Bidders for housing rehab and reconstruction projects must hold a current Tennessee General Contractor license. Contractors wishing to work on houses constructed before 1978 must also have lead-based paint certifications from the State of Tennessee and the U.S. Environmental Protection Agency (EPA). Eligible repairs for the Emergency Repair Program include electrical, plumbing, HVAC and roofing. Vendors for emergency repair and tree removal projects are not required to have a General Contractor license, but must hold any license(s) applicable to their specific trade. All licenses must be current.
Housing Rehabilitation Program contractors are required to provide Workers Compensation coverage and carry Public Liability and Property Damage insurance.
The City of Murfreesboro encourages minority- and female-owned firms to bid on its projects.
To be added to the applicable contractor list, or for more information, contact:
Community Development Department
Attn: John Callow, Director
PO Box 1139, Murfreesboro, TN 37133-1139

LEGAL NOTICE OF PUBLIC HEARING
The Rutherford County Board of Zoning Appeals will meet Wednesday, August 11, 2010, at 4:30 p.m. in the Commission Chambers of the Historic Rutherford County Court House, center of Public Square, in Murfreesboro, Tennessee to act on the following requests:
A. Murfreesboro Community Church – BZA 2010-038
Location: 2555 Lascassas Pike, Map No.:81 Parcel: 14.00, Request for variance relief from the development standard requiring a double bituminous surface for parking areas for a property located in the R-15 zone.
B. Isaiah Dalton- New Beginnings Christian Center Church – BZA 2010-039
Location: 3475 Bradyville Pike, Map No.:112, Parcel: 29.01, Request for variance relief from the development standard requiring a double bituminous surface for parking areas and a variance from the development regulation requiring landscaping for a property located in the R-15 zone.
C. Spencer Sellars – BZA 2010-040
Location: Corner of Almaville Road and One Mile Lane, Map No.:55C, Group: B, Parcel: 43.00 and 44.00, Request for temporary conditional use approval to establish a produce stand in the R-15 zoning district.
D. Wendell Jones – BZA 2010-041
Location: 4047 Midland Road, Map No.:148, Parcel: 38.00, Request for temporary conditional use permit for a borrow pit in the R-15 zone.
E. Kimberly Barry – BZA 2010-042
Location: 621 Bragg Avenue, Map No.:49J, Group: F, Parcel: 19, Request for conditional use to establish a hair salon as a major home based business and variance relief from sign regulations allowing a 16 square foot sign in the R-15 zone.
F. Rutherford County Emergency Management Agency – BZA 2010-043
Location: 3833 Annell Drive, Map No.:136, Parcel: 14.07, Request for variance relief from maximum height limitation of 35' to allow the establishment of a 250' communications tower in the R-15 zoning district.
More detailed information on these requests is available at the Rutherford County Planning Department, who may be contacted at 615.898.7730. A video tour of agenda items will begin at 4:00 PM in Room 205 of the Historic Courthouse.
Zane Cantrell, Chairman – Rutherford County Board of Zoning Appeals
To be published: Sunday, August 1, 2010

NOTICE OF SUCESSOR 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 MICHAEL A. RIGGS, to Hugh M. Queener, Trustee, recorded in Record Book 754, page 2725, as corrected in Record Book 934, page 3877, both of record in the Register's Office of Rutherford County, Tennessee, embracing real estate hereinafter described, and Pinnacle National Bank (formerly Cavalry Banking), 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, August 9, 2010, at or about the hour of 10:15 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:
Being all of Lot 50, River Oaks Subdivision, Section II, according to survey and plat of record in Plat Book 5, page 43, of the Register’s Office of Rutherford County, Tennessee, to which plat reference is here made for more complete details of location and description of said lot.
This property has an address of 2611 Birdsong Avenue, Murfreesboro, Tennessee 37129.
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, including a Deed of Trust securing an indebtedness payable to Cavalry Banking of record in Record Book 314, page 102, of said Register’s Office.
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, but at the same 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: Michael A. Riggs, Cavalry Banking
George H. White, Successor Trustee
White & Polk, P.C.
107 West College Street
Murfreesboro, TN 37130
(615) 893-6592
Publish: July 18, July 25, and August 1
Murfreesboro Post
Date of Sale: August 9, 2010 at 10:15 a.m.

NOTICE OF SUCESSOR 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 TONY RHODES and wife, AMY RHODES, to M. Glenn Layne, Trustee, recorded in Trust Deed Book B-360, page 760, as modified in Record Book 872, page 1230, and Record Book 915, page 2683, all of record in the Register's Office of Rutherford County, Tennessee, payable to Cavalry Banking, embracing real estate hereinafter described, and Pinnacle National Bank (formerly Cavalry Banking), 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, AUGUST 9, 2010, 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 the 9th Civil District of Rutherford County, Tennessee, to-wit:
Being all of Lot No. 207, on the Final Plat of Section VI and Resubdivision of Lot 111, Section III, Breckenridge, according to survey and plat of same appearing of record in Plat Book 17, page 190, 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 property is generally known as Lot 207, Pavilion Place, Murfreesboro, Tennessee 37129.
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, but at the same 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: Tony Rhodes, Amy Rhodes
George H. White, Successor Trustee
White & Polk, P.C.
107 West College Street
Murfreesboro, TN 37130
(615) 893-6592
Publish: July 18, July 25, and August 1, 2010
Murfreesboro Post
Date of Sale: August 9, 2010 at 10:00 A.M.

SUCCESSOR TRUSTEE'S
NOTICE OF FORECLOSURE SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated December 12, 2006 executed by JUAN EDUARDO VEGA VALDEZ AND WIFE, EMMA SALDANA to JOHN E. SIMMONDS, Trustee, of record in RECORD BOOK 695, PAGE 3345, in the Register's Office for RUTHERFORD County, Tennessee and to BRYAN D. SPICER, appointed as Successor Trustee in an instrument of record in the Register's Office for RUTHERFORD County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by SOUTHEAST FINANCIAL CREDIT UNION as provided in said Deed of Trust, I, BRYAN D. SPICER, will by virtue of the power and authority vested in me as Successor Trustee, on August 17, 2010 AT 3:30 P.M. AT THE RUTHERFORD COUNTY COURTHOUSE, 20 PUBLIC SQUARE, MURFREESBORO, RUTHERFORD COUNTY TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in RUTHERFORD County, Tennessee, to wit:
BEING ALL OF LOT NO. 206, FINAL PLAT FOR PHASE “C”, SECTION 8, WATERSEDGE SUBDIVISION, ACCORDING TO SURVEY AND PLAT OF SAME APPEARING OF RECORD IN PLAT BOOK 28, PAGE 84, 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 JUAN EDUARDO VEGA VALDEZ BY WARRANTY DEED FROM SAMUEL A. MARTIN AND WIFE, SHARON L. MARTIN OF RECORD IN BOOK RECOR 695, PAGE 3343, REGISTER’S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE.
THIS IS IMPROVED PROPERTY KNOWN AS: 1102 MAXIE COURT, LAVERGNE, TENNESSEE 37086.
MAP & PARCEL: 6F-D-50.00
THIS SALE IS SUBJECT TO ANY UNPAID TAXES, IF ANY, ANY PRIOR LIENS OR ENCUMBRANCES LEASES, EASEMENTS AND ALL OTHER MATTERS OF RECORD INCLUDING BUT NOT LIMITED TO THE PRIORITY OF ANY FIXTURE FILING. IF THE U.S. DEPARTMENT OF THE TREASURY/ INTERNAL REVENUE SERVICE, THE STATE OF TENNESSEE DEPARTMENT OF REVENUE, OR THE STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORK FORCE 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, ALL AS REQUIRED BY 26 U.S.C. 7425 AND T.C.A. 67-1-1433.

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 TRUSTEE/SUCCESSOR TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE.
IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT HIGHEST BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.
OTHER INTERESTED PARTIES:
CONEXION AMERICAS, PURSUANT TO SECOND DEED OF TRUST OF RECORD IN INSTRUMENT RECORD BOOK 695, PAGE 3359, REGISTER’S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This 15th day of July, 2010. This is improved property known as: 1102 MAXIE COURT, LAVERGNE, TENNESSEE 37086.
Bryan D. Spicer, Successor Trustee
342 Cool Springs Blvd.
Suite 202
Franklin, TN 37067
(615) 771-7266
Insertion Dates: July 25, 2010, August 1, 2010 and August 8, 2010.

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