| Legal/Public Notices for 10/21/12 - Substitute Trustee's Sales (2) |
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Posted: Monday, October 22, 2012 9:18 am
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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 19, 2010, executed by WALTER P JERNIGAN, conveying certain real property therein described to Robert Wilson, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded October 22, 2010, in Deed Book 1023, Page 2101; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to United Shore Financial Services, LLC 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 15, 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: THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: SITUATE, LYING AND BEING IN THE COUNTY OF RULHERFORD, STATE OFTENNESSEE, TO WIT: LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING ALL OF LOT 18, CHANDLER PLACE SUBDIVISION, PHASE II, OF RECORD IN PIAL BOOK 21, PAGE 165, REGISTER`S OFFICE FOR SAID COUNTY, TO WHICH REFERENCE IS MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT. PARCEL NO: 103NB01200-00 ADDRESS: 2312 CHANDLER PLACE, MURFRESSBORO, TN, 37130 Parcel ID: 103-N-B-12.00 PROPERTY ADDRESS: The street address of the property is believed to be 2312 CHANDLER PLACE, MURFREESBORO, TN 37130. 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): WALTER P JERNIGAN OTHER INTERESTED PARTIES: ASCEND FEDERAL CREDIT UNION 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 #39711: 2012-10-21 2012-10-28, 2012-11-04
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 December 20, 2002, executed by STARLA M LACER-SANDS, JASON A SANDS, conveying certain real property therein described to T. MICHAEL LOGAN, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded December 27, 2002, in Deed Book 218, Page 666-681; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to SunTrust Bank 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 15, 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 ALL OF LOT NO. 2918 ,PHASE 29, LAKE FOREST ESTATES, OF RECORD IN PLAT BOOK 22 , PAGE 46 , REGISTER`S OFFICE FOR SAID COUNTY, TO WHICH REFERENCE IS MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO STARLA M. SANDS, MARRIED BY DEED OF RECORD IN DEED BOOK 32, PAGE104, REGISTER`S OFFICE FOR SAID COUNTY. JASON A. SANDS EXECUTES THIS DOCUMENT, WITH THE CONSENT OF THE GRANTOR SPOUSE, FOR THE PURPOSE OF WAIVING HOMESTEAD AND/OR OTHERMARITAL RIGHTS THAT MAY BE GRANTED TO A SPOUSE BY LAW IN THE PROPERTY AND/OR WHICH MIGHT BE ASSERTED AGAINST THE TRUSTEE, BENEFICIARY, MORTGAGEE, OR THEIR ASSIGNS IN ENFORCING ANY RIGHTS. Parcel ID: 006P C 01800 PROPERTY ADDRESS: The street address of the property is believed to be 945 LAVERGNE LN, LAVERGNE, TN 37086. 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): STARLA M LACER-SANDS OTHER INTERESTED PARTIES: Household Financial Center Inc. JASON A SANDS 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 #39660: 2012-10-21 2012-10-28, 2012-11-04
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 April 6, 2011, executed by SANDRA A. BLACKMON, conveying certain real property therein described to ANDREW C. RAMBO, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded April 27, 2011, in Deed Book 1057, Page 3167; 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, 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 15, 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: SITUATED AND LOCATED IN THE 6TH CIVIL DISTRICT OF RUTHERFORD COUNTY, STATE OF TENNESSEE, AND BEING ALL OF LOT NUMBER 520. WESTFORK SUBDIVISION, SECTION 9, OF RECORD IN PLAT BOOK 30, PAGE 283 OF SAID COUNTY, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR MORE COMPLETE AND ACCURATE DESCRIPTION THEREOF. BEING THE SAME PROPERTY CONVEYED TO SANDRA A. BLACKMON BY WARRANTY DEED FROM SOUTHWEST PROPERTIES, LLC A TENNESSEE LIMITED LIABILITY COMPANY DATED 12/28/07 AND RECORDED 01/08/08 IN BOOK 809, PAGE 2787, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. Parcel ID: 34M-C-6.00 PROPERTY ADDRESS: The street address of the property is believed to be 4040 SNOWBIRD 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): SANDRA A. BLACKMON 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 #39663: 2012-10-21 2012-10-28, 2012-11-04
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 15, 2010, executed by JOSE FRIAS, conveying certain real property therein described to JONATHAN R. VINSON, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded July 19, 2010, in Deed Book 1003, Page 1081-1088; 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, 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 15, 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 LOT 4103, LAKE FOREST ESTATES, PHASE FORTY-ONE, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23, PAGE 278, IN THE REGISTERS OFFICE, RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAID PROPERTY. BEING THE SAME PROPERTY CONVEYED TO VICKY FIGUEROA BY WARRANTY DEED FROM CLAUDE L. HARLOW AND KAY HARLOW, HUSBAND AND WIFE, RECORDED ON THE 29TH DAY OF OCTOBER, 2008 IN RECORD BOOK 878, PAGE 1069, IN THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. BEING THE SAME PROPERTY CONVEYED TO JOSE FRIAS, A SINGLE PERSON BY WARRANTY DEED FROM VICKY FIGUEROA AS RECORDED ON THE 19 DAY OF JULY, 2010 IN RECORD BOOK 1003 PAGE1079 IN THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. Parcel ID: 014FB02100 PROPERTY ADDRESS: The street address of the property is believed to be 235 BILL STEWART BLVD, LAVERGNE, TN 37086. 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): JOSE FRIAS 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 #39665: 2012-10-21 2012-10-28, 2012-11-04
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 25, 2009, executed by RICHARD A UTRUP, conveying certain real property therein described to JEANINE B. SAYLOR, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded March 26, 2009, in Deed Book 907, Page 1218; 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, 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 15, 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 LOT NO. 7215, ON THE PLAN OF PHASE SEVENTY-TWO, LAKE FOREST ESTATES, OF RECORD IN PLAT BOOK 29, PAGE 80, REGISTER`S OFFICE FOR SAID COUNTY, TO WHICH PLAN REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. BEING PART OF THE SAME PROPERTY CONVEYED TO GREENVALE CONSTRUCTION, LLC BY DEED FROM AMNON SHREIBMAN, TRUSTEE, WITH FULL POWER AND AUTHORITY TO SELL, CONVEY AND/OR ENCUMBER UPON SUCH TERMS OR CONDITIONS AS HE DETERMINES, WITHOUT THE APPROVAL OR JOINDER OF ANY BENEFICIARY, DATED AUGUST 10, 2005, RECORDED OCTOBER 7, 2005, OF RECORD IN RECORD BOOK 552, PAGE 1052, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. FURTHER BEING THE SAME PROPERTY CONVEYED TO BETTY D. NAYE AND BARBARA J. NAYE BY DEED FROM GREENVALE CONSTRUCTION, LLC, A TENNESSEE LIMITED LIABILITY COMPANY, DATED JUNE 26, 2007, RECORDED JULY 17, 2007, OF RECORD IN RECORD BOOK 764, PAGE 3656, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. BEING THE SAME PROPERTY CONVEYED TO RICHARD A. UTRUP, UNMARRIED MAN, BY DEED DATED MARCH 25, 2009 OF RECORD IN BOOK 907, PAGE 1216, REGISTER`S OFFICE FOR SAID COUNTY. THIS CONVEYANCE IS SUBJECT TO ALL EASEMENTS, RESTRICTIVE COVENANTS AND CONDITIONS, AND OTHER MATTERS OF RECORD, INCLUDING ALL ITEMS SET OUT ON ANY APPLICABLE PLAT OF RECORD. PROPERTY ADDRESS: The street address of the property is believed to be 107 GLOCHESTER COURT, LA VERGNE, TN 37086. 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): RICHARD A UTRUP 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 #39727: 2012-10-21 2012-10-28, 2012-11-04
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
Default having been made in the terms, conditions, and payments provided for in that certain Deed of Trust from Gary L. Campbell, ("Borrower") to Title Enterprises, Trustee for the benefit of New Century Mortgage Corporation, dated December 23, 2004 and recorded on January 4, 2005 in Book 461, Page 571, and further assigned to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust 2005-1 in the Register's Office for Rutherford County, Tennessee, securing the indebtedness therein described, which indebtedness is now due and unpaid, and has been declared in default by the lawful owner and holder thereof; and The undersigned, Trustee Management Company, Successor Trustee, having been appointed Successor Trustee in instrument dated July 26, 2012 of record in Book 1149, Page 3642, said Register's Office, to serve in the place and instead of Title Enterprises, Trustee; NOW, THEREFORE, I, Trustee Management Company, Successor Trustee, pursuant to said Deed of Trust, having been requested by Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust 2005-1, the owner and holder of said indebtedness so to do, and by virtue of the authority and power vested in me by said Deed of Trust will, on November 12, 2012 at 2:30 PM, at the County Courthouse, in Rutherford County, Tennessee, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), free from the equity of redemption, the statutory right of redemption, homestead, dower, elective share, and all other exemptions of Borrower of every kind, all of which have been expressly waived by Borrower, the property described in the above referenced Deed of Trust, being the same property described in a Warranty Deed dated November 30 1995, recorded on November 30, 1995 in Book 562 Page 219 Instrument Number 036395 in Rutherford County, Tennessee: Parcel No.: 115R-A-002.00 More commonly known as: 5721 Constantine Drive, Rockvale, TN 37153 The property is encumbered by no liens or claims of lien filed by the United States Internal Revenue Service in the Register's Office of Rutherford County, Tennessee. This property is encumbered by no liens or claims of lien filed by the State of Tennessee, Tax Enforcement Division, in the Register's Office of Rutherford County, Tennessee. Should the highest bidder fail to comply with the terms of the bid at the public sale, then the Successor Trustee shall have the option of accepting the second highest bid, or the next highest bid with which the buyer is able to comply. The right is reserved to adjourn the day of the sale to another day certain without further publication, upon announcement at the time set forth above. This sale is subject to liens, easements, encumbrances, property taxes, rights of redemption of taxing entities and other matters, which are prior in right to the lien of the aforesaid Deed of Trust. Notice has been provided under T.C.A. § 35-5-117. KNOWN INTERESTED PARTIES: New Century Mortgage Corporation Rutherford County Trustee /s/ Trustee Management Company Successor Trustee 10975 El Monte, Suite 225 Overland Park, KS 66211 NOTICE This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. Pursuant to the Fair Debt Practices Collections Act no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction. Ad #39779: 2012-10-21 2012-10-28, 2012-11-04
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 October 8, 2008, executed by EMMA ALLEIN, STEPHEN ALLEIN, conveying certain real property therein described to LARRY A. WEISSMAN, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded October 10, 2008, in Deed Book 875, Page 1587-1598; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Suntrust Mortgage, Inc. 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. 109, ON THE PLAN OF FINAL PLAT, SECTION II, PHASE I, BELMONT, A PLANNED RESIDENTIAL DEVELOPMENT, ACCORDING TO PLAT AND SURVEY APPEARING OF RECORD IN PLAT BOOK 31, PAGE 90, 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. BEING THE SAME PROPERTY CONVEYED TO STEPHEN ALLEIN. EMMA ALLEIN, HUSBAND AND WIFE, BY DEED FROM OLE SOUTH PROPERTIES, INC., A TENNESSEE CORPORATION, DATED OCTOBER 8, 2008, APPEARING OF RECORD IN RECORD BOOK 875, PAGE 1584, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. THIS CONVEYANCE IS MADE SUBJECT TO DECLARATION OF COVENANTS CONTAINED IN INSTRUMENT OF RECORD IN RECORD BOOK 574, PAGE 1239, AMENDED IN RECORD BOOK 594, PAGE 2813, AND SUPPLEMENTED OF RECORD IN RECORD BOOK 611, PAGE 3754, IN RECORD BOOK 674, PAGE 1477, AND IN RECORD BOOK 720, PAGE 3282, RESTRICTIVE COVENANTS OF RECORD IN DEED BOOK 338, PAGE 897, AND IN DEED BOOK 338, PAGE 899; BY-LAWS OF RECORD IN RECORD BOOK 574, PAGE 1260: EASEMENT TO MIDDLE TENNESSEE ELECTRIC MEMBERSHIP CORPORATION (BLANKET-SECTION II) OF RECORD IN RECORD BOOK 716, PAGE 1684, EASEMENT TO MIDDLE TENNESSEE ELECTRIC MEMBERSHIP CORPORATION (BLANKET) OF RECORD IN RECORD BOOK 677, PAGE 1064, IN RECORD BOOK 562, PAGE 2974, AND IN RECORD BOOK 340, PAGE 75; EASEMENT TO CONSOLIDATED UTILITY DISTRICT OF RECORD IN DEED BOOK 629, PAGE 325, IN DEED BOOK 629, PAGE 329, AND IN DEED BOOK 629, PAGE 327; EASEMENT TO UNITED CITIES GAS COMPANY OF RECORD IN DEED BOOK 654, PAGE 39; CONVEYANCE TO STATE OF TENNESSEE FOR DEPARTMENT OF TRANSPORTATION PROJECT OF RECORD IN DEED BOOK 626, PAGE 884, AND IN DEED BOOK 626, PAGE 880; ARTICLES OF ORGANIZATION FOR "BELMONT PROPERTY, LLC, A TENNESSEE LIMITED LIABILITY COMPANY" OF RECORD IN RECORD BOOK 432, PAGE 2426, AND TO ANY AND ALL MATTERS SHOWN ON SAID PLAT AND SURVEY OF RECORD IN PLAT BOOK 31, PAGE 90, ALL OF SAID REGISTER`S OFFICE. Parcel ID: 50-0-B-46.00 PROPERTY ADDRESS: The street address of the property is believed to be 615 EASY GOER WAY, 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): EMMA ALLEIN, STEPHEN ALLEIN OTHER INTERESTED PARTIES: Discover Bank Issuer of Discover Card 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 #39546: 2012-10-14 2012-10-21, 2012-10-28 |
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