|Legal/Public Notices for 09/13/12 (3)
|Posted: Thursday, September 13, 2012 10:19 am
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|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, Memphis, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Nicole Shaw, joined by Marvin Shaw, her husband, to Tonya Esquibel, Trustee, on July 15, 2005 at Record Book 530, Page 2047; 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:
Described property located in Rutherford County, Tennessee, and being more particularly described in deed of record in Record Book 530, Page 2047; in the Register’s Office of Rutherford County, Tennessee
Parcel Number: 050B A 00200
Current Owner(s) of Property: Nicole Shaw and husband, Marvin Shaw
Other interested parties: Seven Oaks Section X and XI Homeowners Association, Inc. c/o G. Bradford Jenkins
The street address of the above described property is believed to be 1160 Seven Oaks Blvd, 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 referenced 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.
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 This sale may be rescinded at any time.
Shapiro & Kirsch, LLP Substitute Trustee
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. 12-039548
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 18, 2008, executed by JAMES MCCREERY AND IDA R MCCREERY, HUSBAND AND WIFE, conveying certain real property therein described to ALIANCE TITLE as same appears of record in the Register's Office of Rutherford County, on June 26, 2008, as Instrument No. 1571218, in Book 852, at Page 3912; 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 October 4, 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. 71 ON THE PLAN OF DIAMOND CREST, PHASE 2, OF RECORD IN PLAT BOOK 29, PAGE 70 REGISTER'S OFFICE OF RUTHERFORD COUNTY, TENNESSEE TO WHICH REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION. PARCEL# 025MD06200 PROPERTY ADDRESS: The street address of the property is believed to be 1411 JETER WAY, 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): JAMES MCCREERY, IDA R MCCREERY AND IDA R & JAMES MCCREERY 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#: 10-0112389 FEI # 1006.111890 09/13/2012, 09/20/2012, 09/27/2012