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Legal/Public Notices for 10/14/12 - 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 August 26, 2005, executed by TAMIKA JOHNSON, 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 1, 2005, in Deed Book 538, Page 2456; 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 OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-9 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 November 8, 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. 41 on the plan of Evergreen Farms, Section II, of record in Plat Book 19, page 106, Register`s Office for Rutherford County, Tennessee, to which reference is hereby made for a more complete and accurate description. Being the same property conveyed to Tamika Johnson, a single woman, from John M. Neel and wife, Melissa Neel, by deed on August 26, 2005, of record in Book 538 , page 2454 , Register`s Office for Rutherford County, Tennessee. Parcel ID: 101K-D-41.00 PROPERTY ADDRESS: The street address of the property is believed to be 1708 AZURE WAY, 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): TAMIKA JOHNSON OTHER INTERESTED PARTIES: Countrywide Home Loans of Tennessee, 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 #39479: 2012-10-14  2012-10-21, 2012-10-28  

 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 23, 2006, executed by JAMES A RACK, SR , conveying certain real property therein described to ROBERT M WILSON JR, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded July 14, 2006, in Deed Book 642, Page 1231-1242; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST 2006-BC3 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 November 8, 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 32A OF MCFADDEN URBAN RENEWAL AREA, SECTION 3, AS SHOWN ON THE PLAT OF RECORD AT PLAT BOOK 6, PAGE 7, AND REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. SAID LOT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN IN THE WEST RIGHT-OF-WAY OF FEBRUARY STREET; SAID PIN BEING N 03 DEG 31 MIN 00 SEC; E, 402.59 FEET FROM THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF FEBRUARY STREET WITH THE NORTH RIGHT-OF-WAY OF BRIDGE AVENUE, ALSO BEING THE SOUTHEAST CORNER OF PARCEL 32A AND THE NORTHEAST CORNER OF THE ADJOINING N.T.B.A. PROPERTY; THENCE, N 86 DEG 29 MIN 00 SEC W, 175.00 FEET WITH THE LINE BETWEEN PARCEL 32A AND THE ADJOINING N.T.B.A. PROPERTY TO AN IRON PIN, THE SOUTHWEST CORNER OF PARCEL 32A AND A CORNER OF ADJOINING N.T.B.A. PROPERTY; THENCE N 03 DEG 31 MIN 00 SEC E, 75.00 FEET WITH THE LINE BETWEEN PARCEL 32A AND ADJOINING N.T.B.A. PROPERTY TO AN IRON PIN, A COMMON CORNER OF PARCELS 32 AND , 32A AND ADJOINING N.T.B.A. PROPERTY TO AN IRON PIN IN THE WEST RIGHT-OF-WAY OF FEBRUARY STREET, THE NORTHEAST CORNER OF PARCEL 32A AND THE SOUTHEAST CORNER OF ADJOINING N.T.B.A. PROPERY; THENCE, S 03 DEG 31 MIN 00 SEC W, 75.00 FEET WITH THE WEST RIGHT-OF-WAY OF FEBRUARY STREET TO THE POINT OF BEGINNING. CONTAINING 13,125 SQUARE FEET, MORE OR LESS. BEING THE SAME PROPERTY CONVEYED TO JAMES A. RACK, SR. BY WARRANTY DEED FROM DAVID PATTERSON AND WIFE, BOBBIE J. PATTERSON, OF RECORD IN RECORD BOOK 642, PAGE 1228, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. Parcel ID: 091 OC 00800 PROPERTY ADDRESS: The street address of the property is believed to be 140 FEBRUARY ST, 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): ESTATE OF JAMES A. RACK, SR OTHER INTERESTED PARTIES: JAMES A RACK, SR 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 #39559: 2012-10-14  2012-10-21, 2012-10-28  

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 and dated May 17, 2007, of record in Book 744, Page 3516-3534, Register’s Office, Rutherford County, Tennessee, executed by George A. Herron and wife, Teletha L. Herron, 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 1159, Page 2121, 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 November 30, 2012, at 10:00 a.m., at the main door of the courthouse in Murfreesboro, Rutherford County, Tennessee and further described as follows:
Land in Rutherford County, Tennessee, being Lot No. 155 as shown on the plan of McFarlin Pointe Subdivision Section Seven, of record in Plat Book 27, page 241, Register’s Office for Rutherford County,
Tennessee.
Being the same property conveyed to George A. Herron and Teletha L. Herron, husband and wife, by deed from NVR, Inc. T/A Fox Ridge Homes dated 11-01-2004, recorded in Book 445, Page 746,Register’s Office for Rutherford County, Tennessee.  
Assessor’s Property ID:  031 I A 031 00 000; 1003 Flannery Court, Nolensville, TN 37135.
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:  McFarlin Pointe Homeowner's Association, c/o G. Bradford Jenkins, Attorney at Law, PO Box 60310, Nashville, TN  37206.  
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 mortgagee by U.S. Mail, postage pre-paid, on June 21, 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

FORECLOSURE SALE NOTICE
WHEREAS, Mark Wood and Kim Wood, by a Deed of Trust, dated June 4, 2004, of record in Record Book 395, Page 2837, Register’s Office for Rutherford County, Tennessee, conveyed to B. Jo Atwood, Trustee, the hereinafter described real property to secure payment of a promissory note as described in said Deed of Trust; and  
WHEREAS, Robert Evans Lee having been appointed Substitute Trustee by Wilson Bank & Trust, the owner and holder of said note by an instrument of record in Record Book 1140, Page 2609, Register’s Office for Rutherford County, Tennessee, with authority to act alone with the powers given the Trustee; and
WHEREAS, default having occurred with respect to the note secured by the Deed of Trust, and the full balance owing having been accelerated; and
WHEREAS, Wilson Bank & Trust, as the owner and holder of said note, has demanded that the real property covered by the Deed of Trust be advertised and sold in satisfaction of said debt and the cost of the foreclosure, in accordance with the terms and provisions of said note and Deed of Trust;
NOW, THEREFORE, notice is hereby given that I, Robert Evans Lee, Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon me in said Deed of Trust, will on October 26, 2012 at 2:00 PM., Central Time, at the front door of the Courthouse in Murfreesboro, Rutherford County, Tennessee, offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory or otherwise, homestead, dower and all other rights and exemptions of every kind as provided in said Deed of Trust, certain real property situated in Rutherford County, Tennessee, described as follows:
MAP/PARCEL: 124 067.01
TRACT 5: Located in the 11th Civil District of Rutherford County; Tennessee. Bound on the north by Ashley's Subdivision, Section I (Plat Book 12, Page 137); on the north and east by Everett McGehee, et ux Connie (Deed Book 310, Page 810); on the south by Tract 6 and Tract 7 of this survey and Rowland Road; and on the west by Tract 2 and Tract 4 of this survey.
Beginning at a nail in the centerline of Rowland Road, lying 1656.9 feet in an easterly direction of the centerline of Armstrong Valley Road, said nail being the southeast corner of Tract 4 and the southwest corner of this tract; thence leaving the centerline of Rowland Road with an east line of Tract 4, N 05 deg. 22' 45" E through an offset pin 25 feet off the centerline of Rowland Road and continuing for a total distance of 548.51 feet to an iron pin set; thence continuing with the east line of Tract 4, N 03 deg. 47' 05" E, 544.45 feet to an iron pin set; thence with the east line of Tract 2, N 3 deg. 47' 05" E, 245.81 feet to an iron pin set; thence continuing with the east line of Tract 2, N 01 deg. 47' 27" E, 524.07 feet to an iron pin found in fence line, being the northeast corner of Tract 2 and the northwest corner of this tract; thence with the south line of Ashley's Subdivision, Section I, S 83 deg. 14' 42" E, 21.09 feet to an iron pin found in fence comer; thence with the south line of Everett McGehee, et ux, S 82 deg. 29' 00" E, 699.44 feet to an iron pin found in fence corner, being the northeast comer of this tract; thence with the west line of Everett McGehee, et ux S 11 deg. 31' 45" W, 245.51 feet to an iron pin found 5 feet east of a 24" Elm in fence corner; thence with a south line of McGehee, S 78 deg. 57' 04" E, 216.94 feet to an iron pin found in centerline of an old road (abandoned); thence with the center line of the old road (abandoned) and a west line of McGehee, S 13 deg. 22' 14" W, 306.95 feet to an iron pin found; thence continuing with the centerline of the old road and McGehee's west line, S 28 deg. 42' 27" W, 91.09 feet to an iron pin found; thence $ 51 deg. 45' 48" W, 132.03 feet to an iron pin found; thence S 29 deg. 29' 08" W, 98.01 feet to an iron pin found, being the northeast corner of Tract 7 and a southeast corner of this tract; thence with the north line of Tract 7, N 75 deg. 40' 24" W, 80.82 feet to an iron pin set; thence continuing with the north line of Tract 7 N 79 deg. 50' 20" W, 191.05 feet to an iron pin set, being the northwest corner of Tract 7 and the Northeast corner of Tract 6; thence with the north line of Tract 6, N 79 deg. 14' 14" E, 247.26 feet to an iron pin set in fence corner; thence with the west line of Tract 6, 1 S 09 deg. 53' 47" W, 593.28 feet to an iron pin set; thence continuing with the west line of Tract 6, S 00 deg. 31' 22" W through an offset pin 25 feet off the centerline of Rowland Road and continuing for a total distance of 462.83 feet to a nail in the centerline of said road, being the southeast corner of this tract; thence with the centerline of Rowland Road, N 84 deg. 46' 38" W, 116,52 feet to the nail at the beginning, containing 17.00 acres, more or less, all in accordance to survey by Richard H. Stem, Jr., Registered Land Surveyor, No. 1637, dated June 5, 2003.
BEING the same property conveyed to Mark Wood and wife, Kim Wood by deed of record in Record Book 385, page 2891, of the Register's Office of Rutherford County, Tennessee.
Subject property has the address of 17 acres, Tract #5, Rowland Road, Murfreesboro, TN 37128
THIS property is subject to the restrictive covenants of record in Record Book 284, page 280; to the easement for the purpose of widening Rowland Road and the installation and maintenance of drainage facilities and utilities of record in Record Book 284, page 280; to the easement to Middle Tennessee Electric Membership Corporation of record in Record Book 280, page 889; to the easement to Consolidated Utility District of record in Record Book 287, page 1015; to the right of way of Rowland Road, and, to any and all other matters as shown of record in the Register’s Office of Rutherford County, Tennessee.
The right is reserved to adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said adjournment on the day and time and place of sale set forth above, and/or to sell to the second highest bidder in the event the highest bidder does not comply with the terms of the sale.
Substitute Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by Successor Trustee’s Deed, as Substitute Trustee only.
THIS sale is subject to all matters shown on any applicable recorded Plat or Plan; any unpaid taxes which exist as a lien against said property, including without limitation city and county property taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any prior liens or encumbrances that may exist against the property.  This sale is also subject to any matter that an accurate survey of the premises might disclose.
INTERESTED PARTIES are Rutherford County Property Tax Division and Jessie Goad, Trustee
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.
THIS 14th day of September, 2012                                 
Run: September 30, 2012, October 7, 2012, October 14, 2012
Robert Evans Lee, Substitute Trustee
Lee & Lee Attorneys at Law, P.C.
109 East Gay Street Lebanon, TN  37087
615-444-3900
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