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Thu, Dec 18, 2014

Legal/Public Notices for 11/11/12 - Substitute Trustee's Sales (2)

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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 1, 2005, executed by LARRY E. SHELTON AND CONNIE SHELTON, conveying certain real property therein described to GARY FISHER, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded August 8, 2005, in Deed Book 529, Page 1442; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to The Bank of New York Mellon, f/k/a The Bank of New York, as trustee, on behalf of the holders of the Alternative Loan Trust 2005-55CB, Mortgage Pass-Through Certificates Series 2005-55CB 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 NO. 35, ON THE PLAN OF SECTION IV, NELSON DOWNS, OF RECORD IN PLAT BOOK 13, PAGE 328, REGISTER`S OFFICE FOR SAID COUNTY, TO WHICH PLAN REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. BEING THE SAME PROPERTY CONVEYED TO RODNEY M. SCOTT AND WIFE, SUE ANN POWELL SCOTT BY DEED FROM OLE SOUTH PROPERTIES, INC., DATED DECEMBER 2, 1991, OF RECORD IN BOOK 504, PAGE 167, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE; AND FURTHER BEING THE SAME PROPERTY CONVEYED TO RODNEY M, SCOTT BY DEED DATED JUNE 10, 1993 AND OF RECORD IN BOOK 504, PAGE 167, REGISTER`S OFFICE FOR SAID COUNTY, BEING THE SAME PROPERTY CONVEYED TO LARRY E. SHELTON AND CONNIE SHELTON, HUSBAND AND WIFE, BY DEED DATED AUGUST 1, 2005 OF RECORD IN BOOK 529, PAGE 1440 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, Parcel ID: 112D-A-4.03 PROPERTY ADDRESS: The street address of the property is believed to be 2021 KEENLAND DRIVE, MUREFREESBORO, TN 37127. 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): CONNIE SHELTON, LARRY E. SHELTON OTHER INTERESTED PARTIES: Fifth Third Bank, N.A., MTEMC, RUTHERFORD COUNTY CODES ADMINISTRATION 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 #40012: 2012-10-28  2012-11-04, 2012-11-11  

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 24, 2006, executed by MELIA L SWAIN AND KEVIN M. SWAIN, HUSBAND AND WIFE, conveying certain real property therein described to ROBERT M WILSON JR as same appears of record in the Register's Office of Rutherford County, on July 28, 2006, as Instrument No. 1434538, in Book 647, at Page 2062; 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 (“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 19, 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 LOT NO. 62, MIDLAND ACRES, SECTION II AND III, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23 AND PAGE 95, IN THE REGISTER'S OFFICE, RUTHERFORD COUNTY, TN, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION OF SAID PROPERTY. PARCEL#1811-A-033.00 PROPERTY ADDRESS: The street address of the property is believed to be 106 W McGuire St, Bell Buckle, TN 37020-6055. 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): MELIA L SWAIN and KEVIN M. SWAIN OTHER INTERESTED PARTIES: 1)..RUTHERFORD COUNTY CODES ADMINISTRATION 2) DAVID H. JONES, D/B/A RUTHERFORD COUNTY 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#: 11-0047610 FEI # 1006.139584 10/28/2012, 11/04/2012, 11/11/2012                 

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 24, 2006, executed by MELIA L SWAIN AND KEVIN M. SWAIN, HUSBAND AND WIFE, conveying certain real property therein described to ROBERT M WILSON JR as same appears of record in the Register's Office of Rutherford County, on July 28, 2006, as Instrument No. 1434538, in Book 647, at Page 2062; 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 (“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 19, 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 LOT NO. 62, MIDLAND ACRES, SECTION II AND III, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23 AND PAGE 95, IN THE REGISTER'S OFFICE, RUTHERFORD COUNTY, TN, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION OF SAID PROPERTY. PARCEL#1811-A-033.00 PROPERTY ADDRESS: The street address of the property is believed to be 106 W McGuire St, Bell Buckle, TN 37020-6055. 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): MELIA L SWAIN and KEVIN M. SWAIN OTHER INTERESTED PARTIES: 1)..RUTHERFORD COUNTY CODES ADMINISTRATION 2) DAVID H. JONES, D/B/A RUTHERFORD COUNTY 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#: 11-0047610 FEI # 1006.139584 10/28/2012, 11/04/2012, 11/11/2012

FORECLOSURE SALE NOTICE
WHEREAS, Wesley Counts, by a Deed of Trust, dated July 31, 2007, of record in Record Book 772, Page 2805, Register’s Office for Rutherford County, Tennessee, conveyed to Randall Clemons, Trustee, the hereinafter described real property to secure payment of a promissory note as described in said Deed of Trust; and  
The lender has complied with TCA 35-5-117 by mailing debtor Notice of Right to Foreclose.
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 1167, Page 1509, 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 December 7, 2012 at 10:00 AM., 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 090-P  GROUP K  PARCEL 010.00
Land in Rutherford County, Tennessee, being all of Lot No. 17 and part of Lot 15, on the Plan of Bilbro Addition Annex, to the City of Murfreesboro, as shown by plat appearing of record in Deed Book 68, Page 278 and 279, of the Register’s Office of Rutherford County, Tennessee, to which plat reference is hereby made for more complete details of said lot.
Being the same property conveyed to Wes Counts, unmarried, by Warranty Deed dated June 22, 2006 of record in Record Book 638, Page 1611, Register’s Office for Rutherford County, Tennessee.
Subject property has the address of 214 First Avenue, Murfreesboro, TN 37130
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 City of Murfreesboro Property Tax Division.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.
THIS 29th day of October, 2012                                    
Run: November 4, 2012, November 11, 2012, November 18, 2012        
Robert Evans Lee, Substitute Trustee
Lee & Lee Attorneys at Law, P.C.
109 East Gay Street, Lebanon, TN  37087
615-444-3900

SUBSTITUTE TRUSTEE'S SALE
WHEREAS, default having been made in the payment of the debts and obligations secured to be paid by that certain Deed of Trust executed on December 7, 2006, by Antonio Aguilar, Leslie Howard Patterson and
Margarita Patterson to Advantage Title and Escrow, Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee, under Book No. 702, Page 3063, ("Deed of Trust"); and
WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Bayview Loan Servicing, LLC; and
WHEREAS, Bayview Loan Servicing, LLC, the current owner and holder of said Deed of Trust, (the "Owner and Holder"), appointed the undersigned, The Callins Law Firm, LLC, as Substitute Trustee 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; and
WHEREAS, pursuant to Tenn. Code Ann. § 35-5-117 (i), not less than sixty (60) days prior to the first publication required by § 35-5-101, the notice of the right to foreclose was properly sent, if so required;
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Owner and Holder, and that the undersigned, The Callins Law Firm, LLC, Substitute Trustee, or his duly appointed attorneys or agents, by virtue of the power and authority vested in him, will on Tuesday, November 27, 2012, commencing at 12:00 PM at the Main entrance or hallway of the Rutherford County Courthouse, Murfreesboro, Tennessee, 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, bounded on the North by the Jefferson Springs Road, Formerly Jefferson Turnpike; on the East by W. B. Merritt (formerly Harve Merritt); on the South by Hickman Pope (formerly Weakly and Davis); on the west by S. B. Merritt (formerly Davis), containing three acres, more or less.
Being the same property conveyed to Antonio Aguilar, unmarried and Leslie Howard Patterson, married, by deed of record in Book 702, page 3061, register's office for Rutherford county, Tennessee
Margarita Howard Patterson joins in this conveyance, with the consent of the grantor spouse, for the purpose of waiving homestead and/or other marital 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.
Tax ID # 0181 – B - 01000
PROPERTY ADDRESS: 112 Pope Drive, LaVergne, Tennessee, 37086
CURRENT OWNER(S): Antonio Aguilar, Leslie Howard Patterson and Margarita Patterson
The sale of the above-described property shall be subject to all matters shown on any recorded plan; 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 any matter that an accurate survey of the premises might disclose.
SUBORDINATE LIENHOLDERS:
1. CHARLES D. BINKLEY, TRUSTEE OF THE JOHN T. BINKLEY TRUST
2. CHARLES D. BINKLEY, TRUSTEE OF THE JOHN T. BINKLEY TRUST
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, but the undersigned will sell and convey only as Substitute Trustee.
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.
The Callins Law Firm, LLC, Substitute Trustee
c/o Uniti Jones
The Callins Law Firm, LLC
101 Marietta Street, Suite 1030, Atlanta, GA 30303
(404) 681-5826
File No.: FT12.03.012
Insertion Dates: 10/28/12, 11/4/12 and 11/11/12
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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