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Legal/Public Notices for 10/07/12 - Substitute Trustee's Sales (4)

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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 March 1, 2004, executed by JOHN E. HUTCHISON, JR., conveying certain real property therein described to Wesley D. Turner, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded March 15, 2004, in Deed Book 366, Page 1143-1158; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE GS MORTGAGE SECURITIES CORP, GSAMP TRUST 2004-AR2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004--AR2 who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed 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 TN, PLLC, 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 18, 2012 at 02:00 PM at the courthouse door where the foreclosure sales are customarily held , 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. 47 ON THE PLAN OF HUNTERS RUN, SECTION 1, OF RECORD IN PLAT BOOK 14, PAGE 23, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. TAX I.D. #16; BEING THE SAME PROPERTY CONVEYED TO THE GRANTORS HEREIN BY DEED OF EVEN DATE BEING RECORDED SIMULTANEOUSLY HEREWITH. BEING THE SAME PROPERTY CONVEYED TO JOHN E. HUTCHISON JR. BY QUITCLAIM DEED FROM ANGELA M. HUTCHISON DATED 9-17-98 AND FILED FOR RECORD ON 9-22-98 IN BOOK 632, PAGE 815, REGISTER`S OFFICE FOR RUTHERFORD COUNTY TENNESSEE AND BEING THE SAME PROPERTY CONVEYED TO JOHN E. HUTCHISON JR. AND WIFE ANGELA M. HUTCHISON BY WARRANTY DEED FROM RONNIE V. GREGORY AND WIFE, JODY C. GREGORY DATED 10-15-96 AND FILED FOR RECORD ON 10-21-96 IN BOOK 583, PAGE 767, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. THIS CONVEYANCE IS SUBJECT TO ANY AND ALL EXISTING EASEMENTS AND RESTRICTIONS AS SHOWN OF RECORD. Parcel ID: 75-07-055L-B-016.00-055M-000 PROPERTY ADDRESS: The street address of the property is believed to be 628 PLEASANT RUN, 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): JOHN E. HUTCHISON, JR. OTHER INTERESTED PARTIES: Household Financial Center, 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 use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #37505: 2012-09-23  2012-09-30, 2012-10-07  

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 September 29, 2005, executed by Emmett G. Zelenka, Vicki L. Zelenka, conveying certain real property therein described to Arnold M.Weiss, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded September 30, 2005, in Deed Book 549, Page 1386; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to The Bank Of New York Mellon fka The Bank Of New York As Trustee For The Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2005-13 who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed 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 TN, PLLC, 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 25, 2012 at 02:00 PM at the courthouse door where the foreclosure sales are customarily held , 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 ALL OF LOT NO. 158, CASON GROVE ESTATES, SECTION IV, ACCORDING TO PLAT AND SURVEY OF SAME APPEARING OF RECORD IN PLAT BOOK 12, PAGE 100, 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 EMMETT ZELENKA, A MARRIED PERSON BY DEED OF RECORD IN RECORD BOOK 549, PAGE 1384 OF THE SAID REGISTER`S OFFICE Parcel ID: 101L-C-051.00 PROPERTY ADDRESS: The street address of the property is believed to be 2202 Eastview Drive, Murfreesboro, TN 37128. 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): Emmett G. Zelenka OTHER INTERESTED PARTIES: Vicki L. Zelenka 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. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #37769: 2012-09-23  2012-09-30, 2012-10-07  

 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 James D. Webb to Joseph B. Pitt Jr., Trustee dated January 13, 2007 in the amount of $126,000.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 1764298, Deed Book 1109, Page 2355, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to GMAC Mortgage, LLC by assignment; and, GMAC Mortgage, LLC , as the current holder of said Deed of Trust (the "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 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 18, 2012 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: Tax ID Number: 76 026.08 Land Situated in the county of Rutherford in the State of TN A certain tract or parcel of real estate located in the 4th Civil District of Rutherford County, Tennessee, more particularly described as follows: Beginning at a point in the West margin of the Almaville Road where it intersects the center line of Maxwell Creek; thence continuing along the West margin of the center line of Almaville Road in a Southerly direction 140 feet to a point in the line of General T. Sanford; thence almost due East with Sanford 357 feet to a point in T.C. Whitlocks line; thence in a Northerly direction with Whitelock 242 feet, approximately, to a point in the center of Maxwell Creek; thence Easterly with the meanders of Maxwell Creek (the center line thereof) to the point of beginning. EXCEPTING: Beginning at a point in the existing West Margin of S.R. 102, where it intersects the center line of Maxwell Creek, said point being 31 feet more or less left of proposed center line station 6+75 more or less; thence with the said existing West margin Southerly 135 feet more or less; thence with the North boundary of James I. Bowers, et ux property (Tract 3) Westerly 48 Feet more or less; thence with the proposed West margin of S.R. 102 North 05 degrees 50 minutes 24 seconds East 121 feet more or less; thence with the Southwest boundary of the William E. Sowell property (Tract5) Easterly 64 feet more or less to the point of beginning and being part of the same property conveyed to James D. Webb and Ava May Perdue Webb, husband and wife, Ava May Perdue a/k/a Ave May Perdue Webb as of record in Book 636, Page 500 Registers Office of Rutherford County, Tennessee. Commonly known as: 7133 Almaville Road, Arlington, TN 37014  Map & Parcel No.: 76/26.08   PROPERTY ADDRESS:  7198 Almaville Road, Arrington, Tennessee 37014 CURRENT OWNER(S): James D. Webb and Ava May Perdue Webb SUBORDINATE LIENHOLDERS: Discover Bank OTHER INTERESTED PARTIES: 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. The notice requirements of T.C.A. §35-5-117 were satisfied prior to the first publication of the Notice of Substitute Trustee`s Sale. 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 (404) 373-1612 www.mccurdycandler.com File No. 11-18571 /FHLMC Ad Run Dates: 9/23/2012, 9/30/2012, and 10/7/2012 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 # 37526

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 November 20, 2009, executed by EILEEN ROBERTS, conveying certain real property therein described to HERITAGE TITLE, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded December 7, 2009, in Deed Book 963, Page 3002; 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, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed 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 TN, PLLC, 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 18, 2012 at 02:00 PM at the courthouse door where the foreclosure sales are customarily held , 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: LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING TRACT NO.6, CONTAINING 8.03 ACRES, MORE OR LESS, ON PLAT ENTITLED "SURVEY FOR CLAUDE D. WRIGHT", PREPARED BY CARROLL DEAN CARMAN, TRLS,NO. 910, DATED MARCH 10, 1995, AND FILED FOR RECORD IN PLAT BOOK 17, PAGE 77, . REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION OF SAID PROPERTY. BEING THE SAME PROPERTY CONVEYED TO EILEEN ROBERTS, FROM JERRY FARNUM AND WIFE, CONNIE FARNUM, BY WARRANTY DEED DATED AUGUST 26, 2004, OF RECORD IN BOOK 425, PAGE 192, IN THE RECORDS FOR RUTHERFORD COUNTY, TN. Parcel ID: 012-013-09 PROPERTY ADDRESS: The street address of the property is believed to be 11929 MONA ROAD, 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): EILEEN ROBERTS 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. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #37515: 2012-09-23  2012-09-30, 2012-10-07  

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 Michael Clark to Tonya Esquibel, as trustee dated October 7, 2005 in the amount of $136,726.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 1376160, Deed Book 555, Page 1626-1645, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to Nationstar Mortgage LLC by assignment; and, Nationstar Mortgage LLC , as the current holder of said Deed of Trust (the "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 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 18, 2012 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 Lot No. 346 on the Plan of Section XI -A, Seven Oaks, of record in Plat Book 27, Page 178, Registers Office for Rutherford County, Tennessee, to which Plan reference is hereby made for a complete and accurate description thereof. Being the same property conveyed to Michael L. Clark by deed from Centex Homes, which is being recorded simultaneously herewith. Parcel ID No.: 050 A-012.00 000 Map & Parcel No.: 050 A-012.00 000 PROPERTY ADDRESS: 1140 Seven Oaks Boulevard, Smyrna, Tennessee 37167 CURRENT OWNER(S): Michael L. Clark SUBORDINATE LEINHOLDERS: Green Tree Servicing, 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. The notice requirements of T.C.A. §35-5-117 were satisfied prior to the first publication of the Notice of Substitute Trustee`s Sale. 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 (404) 373-1612 www.mccurdycandler.com File No. 12-06670 /CONV Ad Run Dates: 9/23/2012, 9/30/2012, and 10/7/2012 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 # 37495

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 Eddie H. Smitty and Kristy Smitty to Network Closing Services, Trustee dated August 4, 2005 in the amount of $94,500.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 1369228, Deed Book 544, Page 1656-1675, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to US Bank National Association as Trustee for RASC 2005-KS11 by assignment; and, US Bank National Association as Trustee for RASC 2005-KS11, as the current holder of said Deed of Trust (the "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 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 18, 2012 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: A certain tract or parcel of land located in the Plat Civil District of Rutherford County, Tennessee, described as follows, to-wit: Beginning at a point in the public road at the Northwest corner of John Jordan property, thence West with said public Road 110 feet to a stake; thence Southward 130 feet to a walnut tree; thence Northeastward 219 feet to an iron pin at the corner of Jordan land and other lands of Ivie; thence with said Jordan line, 61 feet to the beginning. Bounded on the North by public road; on the East by Thomas; on the South by Ivie and on the West by Ivie and Jordan. Included in the foregoing tract is one-half interest in a well located upon adjacent property presently owned by the Grantors described in Deed Book 197, Page 272, as Tract No. 1, together with all rights of ingress and egress to and from said well and an easement for the water line from said well to the herein described property, which easement shall be 5 feet on each side of the water lien presently serving the hereinabove described property. Further details concerning the use of said well are hereinafter set forth. Being the property conveyed to Talmadge A. Smitty and wife, Ethel M. Smitty from T.H. Brown and wife, Vester H. Brown, in Warranty Deed dated September 16, 1970, recorded September 16, 1970 in Book 198, Page 315, in the Registers Office of Rutherford County, Tennessee. Parcel ID No.: 089-04500 Map & Parcel No.: 089-04500 PROPERTY ADDRESS: 2820 Hutchinson Road, Murfreesboro, Tennessee 37130 CURRENT OWNER(S): Eddie H. Smitty and Kristy Smitty SUBORDINATE LEINHOLDERS: Household Financial Center Inc., Colorado Capital Investments Inc. 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. The notice requirements of T.C.A. §35-5-117 were satisfied prior to the first publication of the Notice of Substitute Trustee`s Sale. 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 (404) 373-1612 www.mccurdycandler.com File No. 09-23690 /CONV Ad Run Dates: 09/23/2012, 09/30/2012 and 10/07/2012 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 # 37484

TRUSTEE’S SALE
Default having been made in the terms, conditions and payments provided for by a certain Deed of Trust given to Ascend Federal Credit Union, formerly doing business as AEDC Federal Credit Union, and dated  March 31, 2003, of record in Book 248, Page 2062-2077, Register’s Office, Rutherford County, Tennessee, executed by Glen Johnson (being the same person as James G. Johnson) and wife, Gay Johnson, to secure the indebtedness described, the entire sum having been declared due and payable as provided in said Deed of Trust, I, Glenn L. Cox, Substitute Trustee of record in Book 1153, Page 3801, Register’s Office of Rutherford County, Tennessee, by the virtue of the power and authority vested in me as Substitute Trustee, will sell to the highest bidder on October 31, 2012, at 10:00 a.m., at the main door of the courthouse in Murfreesboro, Rutherford County, Tennessee and further described as follows:
A parcel or tract of land situated in the City of Murfreesboro and in the 13th Civil District of Rutherford County, Tennessee, and being described as follows, to-wit:
Being a house and lot of ground known and designated as Murfreesboro City Street No. 1404 Avon Road; and Beginning at a concrete monument in the north margin of Battleground Drive at the southeast corner of Lot No. 13 Battleground Estates (unrecorded plat) and being 1635.13 feet measured eastwardly along the north margin of Battleground Drive from the east
margin of a private lane owned by John Nelson; thence N 5 deg. 05' E 200.0 feet to a concrete monument; thence S 84 deg. 55' E 145.0 feet to a stake; thence S 5 deg. 05' W 200.0 feet to a stake; thence with the north margin of Battleground Drive N 84 deg. 55' W, 145.0 feet to the beginning.  
Being the same property conveyed to James G. Johnson by deed from Haoming Gu and wife, Guo-Lian Jiang, as of record in Record Book 248, Page 2060, Register’s Office for said County.  
Assessor’s Parcel No. 080B-A-005.01 (R0045312); 1404 Avon Road, Murfreesboro, TN  37130.  
In the event of any discrepancy between the street address and the legal description of the property, the legal description shall control.
OTHER INTERESTED PARTIES: (1) Bank of America, 100 N. Tryon Street, Charlotte, NC 28255; (2) Capital One Bank, c/o Hosto & Buchan, Attorneys at Law, PO Box 3397, Little Rock, AR   72203-3397.
This sale is subject to any and all unpaid real estate taxes, all prior deeds of trust, restrictive covenants, easements and setback lines and any and all redemption rights.
Pursuant to T.C.A. Section 35-5-117, a Notice of Right to Foreclose was forwarded to mortgagees by U.S. Mail, postage pre-paid, on January 20, 2012.
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.  
Glenn L. Cox, Substitute Trustee
P.O. Box 1121, Columbia, TN  38402-1121
(931) 388-3215
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