Ad #5806: 2010-09-19  2010-09-26, 2010-10-03 

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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 Carrie Lee Green, conveying certain real property therein described to Oldham & Dunning, LLC, Gallatin, Tennessee, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded September 3, 2003, in Deed Book 309, Page 2821-2828; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned 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, if required, was given in accordance with Tennessee law; and WHEREAS, the undersigned, Rubin Lublin Suarez Serrano TN LLC, having been appointed by as Substitute Trustee by instrument to be 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, Rubin Lublin Suarez Serrano TN LLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on October 14, 2010 at 02:00 PM at the RUTHERFORD County courthouse door where the foreclosure sales are customarily held at the RUTHERFORD Courthouse, located in Murfreesboro, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, 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 IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO SCOTT E. GREEN MARRIED BY WARRANTY DEED FROM DARRELL D. SCOTT AND WIFE, JULIANNE SCOTT OF RECORD IN BOOK 309, PAGE 2819 REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. 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: Carrie Lee Green and 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 us or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin Suarez Serrano TN LLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (888) 890-5309 Fax: (404) 601-5846  Ad #5907: 2010-09-19  2010-09-26, 2010-10-03

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NOTICE OF SUBSTITUTE TRUSTEE'S SALE TENNESSEE, RUTHERFORD COUNTY DEFAULT having been made in the terms, conditions and payments provided in certain Deed of Trust executed by Carlos L. Howard and Camille Howard to Stewart Title Of Tennessee, Trustee dated May 26, 2006 in the amount of $105,800.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 627, Page 3588, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to U.S. Bank National Association as Trustee by assignment; and, U.S. Bank National Association as Trustee, as the current owner and holder of said Deed of Trust (the "Owner and Holder"), has appointed as Substitute Trustee the undersigned, , any of whom may act, by instrument filed for record in the Register's Office of Rutherford County, Tennessee with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; therefore, NOTICE is hereby given that the entire amount of said indebtedness has been declared due and payable as provided in said Deed of Trust by the Owner and Holder, and the undersigned as Substitute Trustee, or a duly appointed attorney or agents by virtue of the power and authority vested by the Appointment of Substitute Trustee, will on Thursday, October 28, 2010 commencing at 12:00 PM at the east door of the Rutherford County Courthouse, Murfreesboro, Tennessee; sell to the highest bidder for cash, immediately at the close of sale, the following property to-wit: Land in Rutherford County, Tennessee, being all of Lot No. 4732, on the plan of Final Plat, Phase Forty-Seven, Lake Forest Estates, as shown by plat appearing of record in Plat Book 28, page 151, of the Registers Office of Rutherford County, Tennessee, to which plat reference is hereby made for more complete details of said lot. Being the same property conveyed to Carlos L. Howard, and wife, Camille Howard by deed dated May 26, 2006 from Greenvale Construction, L.L.C., a Tennessee Limited Liability Company as of record in Record Book 627, Page 3586, Registers Office for said County. Map & Parcel No.: 014C-C-03200-000 PROPERTY ADDRESS: 1027 Cheryl Lane, La Vergne, Tennessee 37086 CURRENT OWNER(S): Carlos L. Howard and Camille Howard SUBORDINATE LEINHOLDERS: Carmel Financial Corporation, GMAC Mortgage, LLC OTHER INTERESTED PARTIES: N/A 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, however, the undersigned will sell and convey only as Substitute Trustee. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property; as well as any prior liens or encumbrances as well as priority created by a fixture filing; and/or any matter that an accurate survey of the premises might disclose. If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Workforce 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, as required by 26 U.S.C § 7425 and T.C.A. § 67-1-1433. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust. Substitute Trustee reserves the right 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. MCC TN, LCC 3525 Piedmont Road NE, Six Piedmont Center, Suite 700 Atlanta, GA 30305 McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 08-05265 /CONV Ad Run Dates: 10/3/2010, 10/10/2010 and 10/17/2010 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Ad # 6341

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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 LEE GAINES and wife, SHARIE GAINES to Hugh M. Queener, Trustee, recorded in Record Book 923, page 1493, of the Register's Office of Rutherford County, Tennessee, embracing real estate hereinafter described, and Pinnacle National Bank, 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.

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NOTICE IS HEREBY GIVEN, that he will on TUESDAY, OCTOBER 12, 2010, at or about the hour of 11:20 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 4th Civil District of Rutherford County, Tennessee, to-wit:

Being all of Lots 19 and 20, Salem Creek Subdivision, Section I, Phase I, according to survey and plat of same appearing of record in Plat Book 29, page 189, of the Register's Office of Rutherford County, Tennessee, to which plat reference is hereby made for a more compete description of location and description of said lots.

These properties have addresses of :

2452 Janell Trail, Murfreesboro, Tennessee 37128 (Lot 19)

2456 Janell Trail, Murfreesboro, Tennessee 37128 (Lot 20)

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: Lee Gaines

                         Sharie Gaines

George H. White, Successor Trustee

White & Polk, P.C.

107 West College Street

Murfreesboro, TN 37130

(615) 893-6592

Publish: September 19, September 26, and October 3, 2010

Murfreesboro Post

Date of Sale: October 12, 2010 at 11:20 A.M. 

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NOTICE OF 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 TERRELL D. HUGHES, JR. to George H. White, Trustee, recorded in Record Book 980, page 3488, of the Register's Office of Rutherford County, Tennessee, embracing real estate hereinafter described, and Charles R. Farrer, 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 him so to do.

NOTICE IS HEREBY GIVEN, that he will on TUESDAY, OCTOBER 12, 2010, at or about the hour of 11:30 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 13th Civil District of Rutherford County, Tennessee, to-wit:

TRACT 1:

Beginning at a steel pin in the west line of Dashiel Street S 43 deg. 30’ W, 160.0 feet from the south line of West College Street; thence S 43 deg. 30’ W, 290.0 feet along the west line of Dashiel Street to a steel pin; thence N 46 deg. 30’ W, 382.8 feet to a steel pin; thence N 83 deg. 54’ E, 329.6 feet to a steel pin; thence S 59 deg. 30’ E, 173.6 feet to the point of beginning, according to survey dated June 2, 1961, by W. Henry Huddleston, III, Civil Engineer.

Being the same property conveyed to Terrell D. Hughes, Jr. by deed from Charles R. Farrer and wife, Patricia T. Farrer, appearing of record in Record Book 980, page 3484, of the Register's Office of Rutherford County, Tennessee.

This property has an address of 906 Dashiel Street, Murfreesboro, Tennessee 37129.

TRACT 2:

All of Tract 2, Hanson Court Properties, according to the plat thereof recorded at Plat Book 31, page 70, Register's Office of Rutherford County, Tennessee. 

Being the same property conveyed to Terrell D. Hughes, Jr. by deed from Golddust, LLC appearing of record in Record Book 980, page 3486, of the Register's Office of Rutherford County, Tennessee.

This property has an address of 1019 Hanson Court, Murfreesboro, Tennessee 37129.

Said sale will be made for the purpose of satisfying said indebtedness, and the undersigned Trustee will deliver to the Purchaser a 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 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 Trustee, be cause for rejection of the bid, and, if the bid is rejected, the 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: Terrell D. Hughes

George H. White, Trustee

White & Polk, P.C.

107 West College Street

Murfreesboro, TN 37130

(615) 893-6592

Publish: September 19, September 26, and October 3, 2010

Murfreesboro Post

Date of Sale: October 12, 2010 at 11:30 A.M. 

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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 JEFF STEWART and MARIA STEWART to Hugh M. Queener, Trustee, recorded in Record Book 824, page 3513, of the Register's Office of Rutherford County, Tennessee, embracing real estate hereinafter described, and Pinnacle National Bank, 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 TUESDAY, OCTOBER 12, 2010, at or about the hour of 11:10 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 4th Civil District of Rutherford County, Tennessee, to-wit:

Starting at a steel pin found in the North margin of the Shores Court being the Southwest corner of the Hurst Construction property (D.B. 638, P. 646) and further being the Southeast corner of the property herein described; thence leaving the Hurst property with the margin of the said road N 82°53'36" W a distance of 82.51 feet to a concrete monument; thence with the margin of the said road N 87°38'25" W a distance of 193.84 feet to a concrete monument in the margin of the said road being the Southeast corner and the Point of Beginning of the property herein described; thence with the margin of the said road N 71°12'25" W a distance of 239.67 feet 10 a steel pin set; thence leaving the said road margin N 09°54'37" E a distance of 912.44 feet to a steel pin set; thence N 03°21'32" E a distance of 1076.84 feet to a steel pin set in the line of said Hurst property S 85°47'58" E a distance of 477.34 feet 10 a steel pin found in place; thence leaving the said Hurst property S 13°06'14" W a distance of 2069.95 feel to the Point of Beginning containing 15.25 acres more or less, and lying in the 4th Civil District of Rutherford County, TN.

This property is generally known as 15.25  acres, more or less, Ocala Road, 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: Jeff Stewart

                        Maria Stewart

                        Mountain Jim's Ice Cream, LLC

George H. White, Successor Trustee

White & Polk, P.C.

107 West College Street

Murfreesboro, TN 37130

(615) 893-6592

Publish: September 19, September 26, and October 3, 2010

Murfreesboro Post

Date of Sale: October 12, 2010 at 11:10 A.M.

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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 DEPENDABLE BUILDERS, INC. to R. Dale Floyd, Trustee, recorded in Record Book 574, page 2605, and as modified in Record Book 639, page 1726, Record Book 854, page 3531, and Record Book 878, page 3624, 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 TUESDAY, OCTOBER 12, 2010, at or about the hour of 11:00 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 17th Civil District of Rutherford County, Tennessee, to-wit: 

Being all of Lot 44, Final Plat, Celebration Cove, Section I, Phase II, according to survey and plat of same appearing of record in Plat Book 30, page 82, 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 has an address of 2611 Kedzie Drive, Murfreesboro, Tennessee 37130.

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 above property is further subject to a lien of the Tennessee Department of Revenue, Entity ID 41-XXXXXXX/000, filed for record in Record Book 844, page1598, of said Register's Office.  The sale of the land advertised above will be subject to the right of the Tennessee Department of Revenue to redeem the land as provided for in T.C.A. §67-1-1433(c)(1).  The undersigned further affirms that the notice required by T.C.A. §67-1-1433(b)(1) has been timely given to the State of Tennessee.   

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:

    Dependable Builders, Inc.

    David Michael Flowers

    Sandra Flowers

    Elite Installation & Design, Inc.

    Tennessee Department of Revenue

    Timmons Properties, Inc.

    Celebration Cove, Section I

    William Bryant

    Vivian C. Bryant

                                                            George H. White, Successor Trustee

White & Polk, P.C.

107 West College Street

Murfreesboro, TN 37130

(615) 893-6592

Publish: September 19, September 26, and October 3, 2010

Murfreesboro Post

Date of Sale: October 12, 2010 at 11:00 A.M.

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NOTICE OF SUBSTITUTE TRUSTEE'S SALE

WHEREAS, NEW SOUTH DEVELOPMENTS LLC, a Tennessee limited liability company, executed a Deed of Trust, Assignment of Leases and Security Agreement to Randall Clemons, Trustee, dated July 9th, 2008, of record in Record Book 856, Page 3274, Register’s Office for Rutherford County, Tennessee, to secure an indebtedness evidenced by a Promissory Note payable to the order of Wilson Bank & Trust, hereinafter referred to as the “Deed of Trust”; and

WHEREAS, said conveyance was made for the purpose of securing the payment of certain sums as evidenced by a Promissory Note payable to the order of Wilson Bank & Trust; and,

WHEREAS, Jo Ann Aulds was appointed Substitute Trustee by instrument dated September 27, 2010, of record in Record Book 1017, Page 3396, Register's Office for Rutherford County, Tennessee; and,

WHEREAS, the Deed of Trust provided that in the event of default in payment of the Promissory Note and interest when due, the entire indebtedness shall, at the option of the legal owner or holder of the Note, become due and payable immediately; and,

WHEREAS, default has been made in the payment of the Promissory Note, and the indebtedness is now due and in default, and the owner and holder of the Note has declared the entire balance to now be due and payable, demand for payment having been made and refused, the Deed of Trust containing a power of sale in the event of default, the legal owner and holder of the Note has instructed the undersigned Substitute Trustee to foreclose the Deed of Trust;

NOW, THEREFORE, by virtue of the authority vested in me by the Deed of Trust and Appointment of Substitute Trustee, Jo Ann Aulds, will on the  25th day of October, 2010, at the hour of 10:00 a.m., local time, offer for sale at the east door of the Rutherford County Courthouse in Murfreesboro, Rutherford County, Tennessee, to the last, highest, and best bidder for cash and bar of all equities of redemption, homestead, dower, and of all other rights of exemptions of every kind, the following tract or parcel of land situated and lying in the 12th Civil District of Rutherford County, Tennessee, together with all appurtenances and improvements thereunto belonging, which property is more particularly described as follows:

Land located in the 12th Civil District of Rutherford County, Tennessee, and being described as follows:

Parcel 1: Bound on the north by Danny Travis Property, Section 1 of this survey on the east and south by Mary Lou Dodson (Deed Book 103, Page 171); and on the west by Cherry Grove Missionary Baptist Church (Deed Book 549, Page 514), John Gilliarn Smartt III (Deed Book 549, Page 514) and John Fontaine (Record Book 44, Page 2180).

BEGINNING with an iron pin found in the east line of Cherry Grove Missionary Baptist Church, said pin being the NW corner of Mary Lou Dodson and the SW corner of this tract; thence with the east line of Cherry Grove Missionary Baptist Church, N-18°49’00”-E, 199.32 feet to an iron pin found; thence continuing with said east line, N-18°57’40”-E, 276.75 feet to a fence corner; thence with the east line of John Gilliam Smartt III, N- 18° 45’24”-E, 452.87 feet to a point on rock; thence with the east line of John Fontaine, N-04°42’22” -E 331.04 feet to a point, being the NW corner of this tract; thence leaving the east line of Fontaine with the south line of Danny Travis Property, Section I, S-85°01’35”-E, 222.58 feet to a point; thence continuing with said line, N-05°04’53”E 228.33 feet to point; thence S-84°55’07”-E, 361.10 feet to a point; thence N-04°28’12”E, 338.76 feet to a point thence S-84°55’07”E, 176.91 feet to a point; thence N 29°0l’30”-E, 32.27 feet to a point; thence S-75°28’31”E, 118.28 feet to a point; thence N¬14°31’29”-E, 35.00 feet to a point; thence S-77°04’31”-E, 158.64 feet to a point; thence N¬14°31’29”-E, 70.00 feet to a point; thence S-75°28’31”-E, 144.48 feet to a point; thence N¬13°18’31”-E, 907.70 feet to a point; thence S-80°23’58”-E, 185.02 feet to a point; thence N¬10°55’13” -E, 71.72 feet to a point thence S-84°11’04”-E, 167.07 feet to a point; thence S-65°58’17”-E, 45.58 feet to a fence corner, being the northeast corner of this tract; thence S-23°46’53”-E, 150.16 feet to a fence corner; thence with the west line of Mary Lou Dotson, S-11°56’34”-W, 1101.35 feet to a stone found, being the easternmost corner of this tract; thence with the west line of Dotson, S-06°44’01”-W, 908.61 feet to a fence corner, being the SE corner of this tract; thence with the north line of Dotson, N-86°01’42”-W, 818.16 feet to the pin at the beginning, containing 48.061 acres, more or less.

Being the same property conveyed to New South Developments, LLC, a Tennessee limited liability company by Quit Claim Deeds, dated September 7, 2005, from Jonathan Scott, of record in Record Book 541, page 2673, Donald R. Day, Jr., of record in Record Book 541, Page 2669, Danny L. O’Brien, of record in Record Book 541, Page 2667, and Mike Kidd and Teresa Kidd, of record in Record Book 541, Page 2675, and Scrivener’s Affidavit of record in Record Book 632, Page 3918, Register’s Office for said County.

Prior references:  Being the same property conveyed to Danny L O’Brien (a 1/3 undivided interest), Donald R. Day, Jr. and Jonathan Scott (a 1/3 undivided interest), and Mike Kidd and Teresa Kidd (a 1/3 undivided interest), by Warranty Deed from Danny Travis and wife, Kay Travis, dated September 7, 2005, and of record in Record Book 541, Page 2668, of the Register’s Office of Rutherford County, Tennessee.

Parcel 2: Bound on the north by Kenneth W. Snell, etux Twila (Deed Book 454, Page 707), Norman Anderson, etux Johnnie (Deed Book 259, Page 647) and Kimbro Road; on the east by Oliver Randall Robinson, Sr. (Deed Book 462, Page 122), Oliver C. Robinson (Deed Book 174, Page 382) and Mary Lou Dodson (Deed Book 103, Page 171); on the south by Danny Travis Property, Section II; and on the west by John Fontaine (Record Book 44, Page 2180), Ralph D. Gannon, etux Carolyn (Deed Book 660, Page 584), Kenneth W. Snell, etux Twila (Deed Book 259, Page 707) and Norman Anderson , etux Johnnie (Deed Book 259, Page 647).

BEGINNING at an iron pin found in the northeast corner of Ralph D. Cannon, etux, in the south line of Kenneth W. Snell, etux, said pin being the westernmost corner of this tract; thence with the south fence line of Kenneth W. Snell, etux. S-85°48’08”-E, 684.38 feet to a fence corner; thence with the east line of Snell, N-07°56’34”-E, 743.55 feet to a fence corner; thence with the south line of Kenneth W. Snell and Norman Anderson, etux, respectively, S-87°35’12”-E 281.02 feet to an iron pin found thence with the east line of Anderson, N-13°30’00”E, 939.64 feet to a point in the centerline of Kimbro Road, being the northeast corner of Anderson and the northwest comet of this tract; thence with the centerline of Kimbro, Road, S-64°11’25”-E, 857.24 feet to a point, being the northeast corner of this tract; thence leaving Kimbro Road with the west fence line of Oliver Randall Robinson, Sr. and Oliver C. Robinson, respectively, S-20°25’36”-W, 1007.25 feet to a fence corner; thence continuing with the west fence line of Oliver C. Robinson, S-33°43’43”-E, 280.23 feet to a fence corner; thence with the west fence line of Mary Lou Dodson, S-53°32’01”-W, 123.96 feet to a fence comer; thence with the north line of Danny Travis Property, Section I, N-65°58’17”-W, 45.58 feet to a point; thence continuing with the north line of Section I, S-72°46’20”-W, 167.07 feet to a point; thence S-13°18’31”-W, 120.18 feet to a point; thence N-84° 11’04”-W, 129.09 feet to a point; thence S- 10°55’13”-W, 71.72 feet to a point; thence N-80°23’58”-W, 185.02 feet to a point; thence S-13°18’31”-W, 90.70 feet to a point; thence N-75°28’31”-W 144.48 feet to a point; thence S-14°3l’29”W, 70.00 feet to a point; thence N-77°04’31”-W, 158.64 feet to a point; thence S- l4°31’29”-W, 35.00 feet to a point; thence N-75°28’31”W 118.28 feet to a point, thence S-29°01’30”-W, 32.27 feet to a point; thence N-84°55’07”W, 176.91 feet to a point; thence S-04°28’12”-W 338.76 feet to point; thence N-84°55’07”W, 361.10 feet to a point; thence S-05°04’53”-W, 228.33 feet to a point; thence N-85°0l’35”-W, 222.58 feet to a point, being the southwest corner of this tract; thence with the east line of John Fontaine and Ralph D. Gannon, etux, respectively, N¬ 04°42’22”-E, 827.81 feet to the pin at the beginning, containing 45.613 acres, more or less.

INCLUDED IN THE ABOVE DESCRIPTION, BUT EXPRESSLY EXCLUDED THEREFROM is a Warranty Deed, Permanent Slope/Drainage Easement and Temporary Construction Easement for Road Improvements to the City of Murfreesboro, as shown in the deed of record in Book 935, Page 2959, said Register’s Office for Rutherford County, Tennessee.

Being the same property conveyed to New South Developments, LLC, a Tennessee limited liability company by Quit Claim Deeds, dated September 20, 2004, from Jonathan Scott, of record in Record Book 430, page 311, Donald R. Day, Jr., of record in Record Book 430, Page 308, Danny L. O’Brien, of record in Record Book 430, Page 305, and Mike Kidd and Teresa Kidd, of record in Record Book 430, Page 302, Register’s Office for said County.

Prior references: Being the same property conveyed to Danny L. O’Brien (a 1/3 undivided interest), Donald R. Day, Jr. and Jonathan Scott (a 1/3 undivided interest), and Mike Kidd and Teresa Kidd (a 1/3 undivided interest), by Warranty Deed from Danny Travis and wife, Kay Travis, dated September 20, 2004, and of record in Record Book 430, Page 299, of the Register’s Office of Rutherford County, Tennessee.

THIS PROPERTY IS LOCATED AT 2197 Kimbro Road, Murfreesboro, TENNEESEE.

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, time, and place of sale set forth above.

The Substitute Trustee will make deed to the purchaser in accordance with the terms of the Deed of Trust.  This sale is subject to any and all real property taxes and subject to any prior mortgages of record in the Register's Office for Rutherford County, Tennessee.

Lienholders: 

If the highest bidder is unable to comply with the terms of the sale, the undersigned reserves the right to sell the property to the next highest bidder able to comply or to readvertise the sale if he so chooses.

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Dated this 29th day of September, 2010.

Substitute Trustee

Jo Ann Aulds

109 North Castle Heights Avenue

Lebanon, TN 37087

(615) 443-8761

Publish: October 3, 2010, October 10, 2010, October 17, 2010