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Legal/Public Notices for 09/13/12 (2)


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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 August 7, 2006, executed by ZANDRIA V. ROMERO, AN UNMARRIED WOMAN, conveying certain real property therein described to ROBERT M. WILSON as same appears of record in the Register's Office of Rutherford County, on August 14, 2006, as Instrument No. 1438227, in Book 653, at Page 3162; 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 September 20, 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. 5259 ON THE FINAL PLAT OF PHASE FIFTY-TWO, LAKE FOREST ESTATES AS OF RECORD IN PLAT BOOK 27, PAGE 2, REGISTER'S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH SAID PLAN REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION THEREOF. PARCEL#014G B 00021 000 PROPERTY ADDRESS: The street address of the property is believed to be 996 TOM HAILEY BLVD, LA VERGNE, TN 37086-3473. 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): ZANDRIA V. ROMERO and ZANDRIA ROMERO 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#: 12-0044030 FEI # 1006.165999 08/30/2012, 09/06/2012, 09/13/2012

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 July 20, 2007, executed by STACEY M SIMS AND WOODROW A SIMS, WIFE AND HUSBAND, conveying certain real property therein described to GARY B. FISHER as same appears of record in the Register's Office of Rutherford County, on July 25, 2007, as Instrument No. 1511285, in Book 767, at Page 1761; 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, as Instrument No. 1605534, in Book 897, at Page 1437. 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 September 20, 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. 183 OF SECTION VII, SHADOWBROOK, AS SUBDIVISION AS SHOWN ON PLAT BOOK 12, PAGE 52, OF THE REGISTER'S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION OF SAID LOT. PARCEL # 55L-A-24.00 PROPERTY ADDRESS: The street address of the property is believed to be 411 STONETREE DRIVE, 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): WOODROW A SIMS AKA WOODROW SIMS and STACEY M SIMS OTHER INTERESTED PARTIES: N/A 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#: 12-0036897 FEI # 1006.164637 08/30/2012, 09/06/2012, 09/13/2012

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 16, 2008, executed by LARRY D. WHITE AND BETTY WHITE, conveying certain real property therein described to NETCO INC. as same appears of record in the Register's Office of Rutherford County, on July 10, 2008, as Instrument No. 1573637, in Book 856, at Page 2168; and 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 on November 23, 2009, as Instrument No. 1651931, in Book 960, at Page 3626-3627. 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 September 20, 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 NO. 164, SAGEFIELD, SECTION 5, AS OF RECORD IN PLAT BOOK 12, PAGE 80, REGISTER'S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREIN MADE FOR A MORE COMPLETE DESCRIPTION OF METES AND BOUNDS. PARCEL# 050J-E-043.00 PROPERTY ADDRESS: The street address of the property is believed to be 102 NEAL AVENUE, 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): LARRY WHITE AKA LARRY D. WHITE AND BETTY C. WHITE AKA BETTY WHITE OTHER INTERESTED PARTIES: ACORN RECEIVABLES, LLC 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#: 09-0164513 FEI # 1006.75542 08/30/2012, 09/06/2012, 09/13/2012

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on October 16, 2012 at 10:00 AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by Robert T. Sinex and Melanie H. Sinex, husband and wife, to Ronald M. Harkavy, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for Realty Mortgage Corporation on March 29, 2006 at Record Book 608, Page 2377; 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: US Bank National Association, as Trustee for Credit Suisse First Boston Mortgage Securities Corp., CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-6
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:
Being all of Lot No. 16, on the plan of Final Plat, Section I, Phase I, Belmont, A Planned Residential Development, according to plat and survey appearing of record in Plat Book 29, page 144, of the Register's Office of Rutherford County, to which plat reference is hereby made for more complete details of location and description of said lot.
Street Address: 245 Neal Avenue, Smyrna, Tennessee 37167
Parcel Number: 055C C 01600
Current Owner(s) of Property: Robert T. Sinex and Melanie H. Sinex, husband and wife
Other interested parties: Realty Mortgage Corporation, Mortgage Electronic Registration Systems, Inc.  and Select Portfolio Servicing Inc.
The street address of the above described property is believed to be 245 Neal Avenue, 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:
Realty Mortgage Corporation, Mortgage Electronic Registration Systems, Inc. and Select Portfolio Servicing Inc.
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. 12-039687

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on October 16, 2012 at 10:00 AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by Montoya D. Patton, an unmarried woman, to Tonya Esquibel, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for CTX Mortgage Company, LLC on October 31, 2002 at Record Book 202, Page 502, Instrument No. 1157576; 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:
Land in Rutherford County, Tennessee, being all of Lot No. 40, on the plan of Final Plat, Foxboro, as shown by plat appearing of record in Plat Book 24, Page 52, of the Register's Office of Rutherford County, Tennessee, to which plat reference is hereby made for more complete details of said lot.
Street Address: 4981 Camborne Circle, Murfreesboro, Tennessee 37129
Parcel Number: 070H-A-04000
Current Owner(s) of Property: Montoya Patton, an unmarried person
The street address of the above described property is believed to be 4981 Camborne Circle, 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 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. 12-039651

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on October 23, 2012 at 10:00 AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by Richard S Ayala, and wife DeAnne Ayala, to David W. Kious, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for Guaranty Trust Company on October 28, 2010 at Record Book 1025, Page 2053, Instrument No. 1700239; 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 the 13th Civil District of Rutherford County, Tennessee, to wit:
Being all of Lot Number 33, Section I, Manson Retreat, according to plat and survey of same appearing of record in Plat Book 10, Page 60, 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.
Street Address: 2578 West Park Drive, Murfreesboro, Tennessee 37129
Parcel Number: 079N A 01500
Current Owner(s) of Property: Richard S. Ayala and wife, DeAnne E. Ayala
Other interested parties: Louis Barrett Carson, Jr. and Linda L. Carson c/o Larry K. Tolbert, Atty.
The street address of the above described property is believed to be 2578 West Park Drive, 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 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: Louis Barrett Carson, Jr. and Linda L. Carson c/o Larry K. Tolbert, Atty.
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. 12-039813

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on October 23, 2012 at 10:00 AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by John Albert Miles, unmarried, to Daniel W. Small, Trustee, as trustee for Guaranty Trust Company on June 12, 1998 at Book B-358, Page 68; 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, N.A.
The following real estate located in Rutherford County, Tennessee, will be sold to the highest call bidder:
Land in Rutherford County, Tennessee, being Lot No. 48 on the Plan of Lake Forest Estates, Phase One, Section "B", as of record in Book 14, page 180, Register's Office of said County, to which plat reference is hereby made for a more complete and accurate legal description.
Street Address: 602 Amber Leann Cove, La Vergne, Tennessee 37086
Parcel Number: 006G-C-03700
Current Owner(s) of Property: John Albert Miles, unmarried
Other interested parties: Wells Fargo Financial Acceptance Tennessee, Inc. and Providian Bank C/O Durham Attorneys
The street address of the above described property is believed to be 602 Amber Leann Cove, 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: Wells Fargo Financial Acceptance Tennessee, Inc. and Providian Bank C/O Durham Attorneys
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. 12-039812

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on October 23, 2012 at 10:00 AM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee pursuant to Deed of Trust executed by Francis John Hurley and Heidi M Hurley, husband and wife, to Matt B. Murfree, Trustee, as trustee for Guaranty Trust Company on April 24, 2006 at Record Book 614, Page 2624, Instrument No. 1414026; 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:
Located in the 5th Civil District of Rutherford County, Tennessee.
Land in Rutherford County, Tennessee, being all of Lot No. 60, on the Final Plat on Diamond Crest, Phase 2, as shown by plat appearing of record in Plat Book 29, Page 70, of the Register's Office of Rutherford County, Tennessee, to which plat reference is hereby made for more complete details of said lot.
Street Address: 1412 Jeter Way, Murfreesboro, Tennessee 37129
Parcel Number: 025M-D-04100
Current Owner(s) of Property: Francis John Hurley and wife, Heidi M. Hurley
The street address of the above described property is believed to be 1412 Jeter Way, 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 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. 12-039699
 
 
 
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