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Legal/Public Notices for 11/08/12

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Murfreesboro City School Board Special Called Meeting--Policy Review, Director's Evaluation Instrument, Mitchell-Neilson Gymnasium Reroofing, Report Card Update, and Review of November 27 Board Meeting Agenda. Tuesday, November 13, 6 p.m., 2552 South Church Street.

CASE NO.:12-1-019 and 12-1-020
PUBLICATION ON ADOPTION
(WILLIAM AJUALIP AND/OR ANY UNKNOWN OR UNDISCLOSED PARENT)
In the Probate Court of Autauga County, Alabama.
IN:  THE MATTER OF ADOPTION OF: Baby Boy Agnor and Baby Girl Agnor
Notice to William Ajualip and or any Unknown or Undisclosed Parent of: Baby Boy Agnor and Baby Girl Agnor
You will take notice that a petition for the adoption of Baby Boy Agnor and Baby Girl Agnor, Minors (born to Laura Lea Agnor on September 5, 2012 in Rutherford, Tennessee) was filed on October 12, 2012 in the Probate Court of Autauga, Alabama, alleging that the whereabouts of William Ajualip and or any unknown or undisclosed parent, the natural parent of said minor children may be unknown or has not been correctly disclosed to the Court, and whose relationship of said possible unknown or undisclosed natural parent to the aforesaid minor children is that of Natural Father.  
Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with Bryant A. Whitmire, Jr. whose name and address is shown below, and with the Clerk of the Probate Court of Autauga County Courthouse, Prattville, Alabama.
Done this the 15th day of October, 2012.
Bryant A. Whitmire, Jr.
215 Richard Arrington, Jr. Blvd. N. Suite 501
Birmingham, Alabama 35203

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 24, 2008, executed by GONZALO RIVERA AND HILDA VELEZ, conveying certain real property therein described to CHARLIE CARDWELL, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded April 3, 2008, in Deed Book 832, Page 3270; 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 29, 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(S) 120, AS SHOWN ON THE MAP ENTITLED GREENTREE SUBDIVISION, SECTION IV, OF RECORD IN PLAT BOOK 27, PAGE 253, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAN REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION. BEING THE SAME PROPERTY CONVEYED TO HILDA VELEZ AND HUSBAND, GONZALO RIVERA BY DEED FROM ARKON, LLC A TENNESSEE LIMITED LLAEIILITY COMPANY OF RECORD IN RECORD BOOK 563, PAGE 3292, DATED NOVEMBER 8, 2005, SAID REGISTER`S OFFICE. Parcel ID: 33-I-A-35 PROPERTY ADDRESS: The street address of the property is believed to be 2948 GREENTREE 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): GONZALO RIVERA, HILDA VELEZ OTHER INTERESTED PARTIES: CACH LLC 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 #40187: 2012-11-01  2012-11-08, 2012-11-15  

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 24, 2003, executed by DANIEL LAMBERT, AN UNMARRIED MAN, conveying certain real property therein described to ARNOLD M WEISS, ATTORNEY as same appears of record in the Register's Office of Rutherford County, on June 27, 2003, as Instrument No. 1206036, in Book 281, at Page 572; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee’s Sale. WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register's Office of Rutherford County, Tennessee NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on November 26, 2012, 2:00 PM at the Rutherford County courthouse door where the foreclosure sales are customarily held At the Rutherford County Courthouse, Murfreesboro, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Rutherford County, Tennessee, to wit: LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING ALL OF LOT NO. 24, ON THE PLAN OF FALL CREEK SUBDIVISION, SECTION 2, FINAL PLAT, AS SHOWN BY PLAT APPEARING OF RECORD IN PLAT BOOK 25, PAGE 289, OF THE REGISTER'S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR MORE COMPLETE DETAILS OF SAID LOT. PARCEL# 021E A 00100 PROPERTY ADDRESS: The street address of the property is believed to be 1101 FALL PARKWAY, 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): DANIEL LAMBERT AKA DANIEL JAMES LAMBERT OTHER INTERESTED PARTIES: The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#: 12-0074474 FEI # 1006.169769 11/01/2012, 11/08/2012, 11/15/2012

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 February 27, 2004, executed by ANGELA R CRUTCHER, WIFE AND HUSBAND JOHN A. CRUTCHER, conveying certain real property therein described to ARNOLD M. WEISS, ATTORNEY as same appears of record in the Register's Office of Rutherford County, on March 2, 2004, as Instrument No. 1256767, in Book 362, at Page 2469; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee’s Sale. WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register's Office of Rutherford County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on November 26, 2012, 2:00 PM at the Rutherford County courthouse door where the foreclosure sales are customarily held At the Rutherford County Courthouse, Murfreesboro, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Rutherford County, Tennessee, to wit: LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING LOT NO. 6, SECTION ONE, FARMINGDALE ESTATES, OF RECORD IN BOOK 7, PAGE 172, REGISTER'S OFFICE FOR SAID COUNTY, TO WHICH PLAN REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION. PARCEL#29B C 6.00 PROPERTY ADDRESS: The street address of the property is believed to be 577 BLAKE MOORE DR, 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): ANGELA R CRUTCHER, AKA ANGELA CRUTCHER OTHER INTERESTED PARTIES: 1. JOHN A. CRUTCHER, 2. UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE 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. In addition this sale shall be subject to the right of redemption by the UNITED STATES OF AMERICA, pursuant to 26 U.S.C. 7425(d)(1) by reason of the following tax lien(s) of record against JOHN A. & ANGELA R. CRUTCHER in the amount of $5,666.23 recorded in Instrument Number 1245352. Notice of the sale has been given to the UNITED STATES OF AMERICA in accordance with 26 U.S.C. 7425(b). RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#: 12-0074125 FEI # 1006.169768 11/01/2012, 11/08/2012, 11/15/2012

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on November 29, 2012 at 12:00PM local time, at the east front door, Rutherford County Courthouse, Murfreesboro, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Jim M. Adams, an unmarried man, to Larry N. Westbrook, Esq., Trustee, on February 4, 2005 at Record Book 470, Page 589; all of record in the Rutherford County Register's Office.
Holder: PHH Mortgage Corporation
The following real estate located in Rutherford County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Described property located in the Seventh (7th) Civil District of Rutherford County, Tennessee, to wit:
Lot Number 41 of the resubdivision of Lots 41 and 42, Section 3, Sugartree, as of record in Plat Book 15, Page 303, Register's Office for Rutherford County, Tennessee, to which plan reference is hereby made for a more complete legal description.
Street Address: 2004 Milky Way, Murfreesboro, Tennessee 37129
Parcel Number: 078H-B-025.00
Current Owner(s) of Property: Jim M. Adams, unmarried
Other interested parties:SunTrust Bank
The street address of the above described property is believed to be 2004 Milky Way, Murfreesboro, Tennessee 37129, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor, Memphis, TN 38117
Phone (901)767-5566, Fax (901)761-5690
File No. 12-033837

SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on November 29, 2012 at 12:00PM local time, at the east door, Rutherford County Courthouse, Murfreesboro, Tennessee, conducted by Shapiro & Kirsch, LLP Substitute Trustee, pursuant to Deed of Trust executed by Mary E. Maloney, a single woman, to Roushanak Pazouki Baghaii, Trustee, on August 15, 2008 at Record Book 865, Page 1395; all of record in the Rutherford County Register's Office.
Owner of Debt: EverBank
The following real estate located in Rutherford County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Land in Rutherford County, Tennessee, being Lot No. 44, on the Plan of Phase III, Richland Terrace Townhomes, a Planned Unit Development, of record in Plat Book 9, Page 36, Register's Office for said County, to which plan reference is hereby made for a more complete description.
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.
Street Address: 128 Stokes Drive, Smyrna, Tennessee 37167
Parcel Number: 028M-H-001.00
Current Owner(s) of Property: Heirs of Mary Maloney
Other interested parties: Richland Terrace Townhomes Homeowners Association, Inc. c/o Paragon Management Group, Inc.
The street address of the above described property is believed to be 128 Stokes Drive, Smyrna, Tennessee 37167, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
555 Perkins Road Extended, Second Floor, Memphis, TN 38117
Phone (901)767-5566, Fax (901)761-5690
File No. 12-035818

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 23, 2007, executed by TAMMY J BULLOCK, , conveying certain real property therein described to K. THOMAS SIDEWELL as same appears of record in the Register's Office of Rutherford County, on May 30, 2007, as Instrument No. 1498867, in Book 747, at Page 3138; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee’s Sale. WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register's Office of Rutherford County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on November 26, 2012, 2:00 PM at the Rutherford County courthouse door where the foreclosure sales are customarily held At the Rutherford County Courthouse, Murfreesboro, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Rutherford County, Tennessee, to wit: BEING ALL OF LOT NO. 397, LAKE FOREST ESTATES, PHASE 15, AS SHOWN BY PLAT AND SURVEY OF RECORD IN PLAT BOOK 19, PAGE 10, 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. PARCEL# 006O B 03700 PROPERTY ADDRESS: The street address of the property is believed to be 806 CARMEN WAY, 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): TAMMY J BULLOCK AKA TAMMY JO BULLOCK and TAMMY JOE BULLOCK OTHER INTERESTED PARTIES: The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.  RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#: 12-0074470 FEI # 1006.170590 11/01/2012, 11/08/2012, 11/15/2012                 

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 26, 1988, executed by RICHARD L BENNETT AND DENISE K BENNETT, HUSBAND AND WIFE, conveying certain real property therein described to CHICAGO TITLE INSURANCE CO as same appears of record in the Register's Office of Rutherford County, on July 27, 1988, in Book A601, at Page 86; and  WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to SECRETARY OF VETERANS AFFAIRS, who is now the owner of said debt; and  WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee’s Sale.  WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register's Office of Rutherford County, Tennessee  NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on November 15, 2012, 2:00 PM at the Rutherford County courthouse door where the foreclosure sales are customarily held At the Rutherford County Courthouse, Murfreesboro, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Rutherford County, Tennessee, to wit: BEING ALL OF LOT NO. 7, KING ESTATES SUBDIVISION, SECTION 1, ACCORDING TO PLAT AND SURVEY OF RECORD IN PLAT BOOK 9, PAGE 44, IN THE REGISTER’S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR MORE COMPLETE DETAILS AS TO LOCATION AND DESCRIPTION OF SAID LOT. PARCEL # 079-053-05-0000  PROPERTY ADDRESS: The street address of the property is believed to be 3623 ASBURY LANE, 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): RICHARD L BENNETT AND DENISE K BENNETT AKA DENISE BENNETT AKA DENISE KAREN BENNETT AKA DENISE MICHELLE BENNETT  OTHER INTERESTED PARTIES: 1). CAPITAL ONE BANK (USA), N.A. The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#: 11-0086356 FEI # 1006.170312 10/25/2012, 11/01/2012, 11/08/2012                 

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 23, 2004, executed by MYRA SOMBOUNSITH, AN UMARRIED WOMAN, conveying certain real property therein described to DAVID W. KIOUS as same appears of record in the Register's Office of Rutherford County, on November 29, 2004, as Instrument No. 1310453, in Book 450, at Page 1184; 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, who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose(“Notice”) was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee’s Sale. WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register's Office of Rutherford County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on November 15, 2012, 2:00 PM at the Rutherford County courthouse door where the foreclosure sales are customarily held At the Rutherford County Courthouse, Murfreesboro, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Rutherford County, Tennessee, to wit: Land in Rutherford County, Tennessee, being all of Lot No. 28R, on the Final Plat, Section II, Westview, as shown by plat appearing of record in Plat Book 27, Page 208, of the Register's Office of Rutherford County, Tennessee, to which plat reference is hereby made for more complete details of said lot.  PARCEL # 101 H D 028 00 000 PROPERTY ADDRESS: The street address of the property is believed to be 1784 ANTEBELLUM 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): MYRA SOMBOUNSITH OTHER INTERESTED PARTIES: SECRETARY OF HOUSING AND URBAN DEVELOPMENT The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#: 12-0040659 FEI # 1006.170281 10/25/2012, 11/01/2012, 11/08/2012                
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