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Legal/Public Notices for 11/18/12 - Substitute Trustee's Sales (1)

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NOTICE OF SUBSTITUTE TRUSTEE'S SALE TENNESSEE, RUTHERFORD COUNTY
DEFAULT having been made in the terms, conditions and payments provided in certain Deed of Trust executed by Boyd Prince and Teresa Prince to I. Dyke Tatum, Esq., Trustee dated April 24, 2009 in the amount of $296,496.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 1621026, Deed Book 919, Page 2218-2227, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation by assignment; and, GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation, as the current holder of said Deed of Trust (the "Holder"), has appointed as Substitute Trustee the undersigned, , any of whom may act, by instrument filed for record in the Register's Office of Rutherford County, Tennessee with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; therefore, NOTICE is hereby given that the entire amount of said indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and the undersigned as Substitute Trustee, or a duly appointed attorney or agents by virtue of the power and authority vested by the Appointment of Substitute Trustee, will on Thursday, December 13, 2012 commencing at 12:00 PM at the east door of the Rutherford County Courthouse, Murfreesboro, Tennessee; sell to the highest bidder for cash, immediately at the close of sale, the following property to-wit: A certain tract or parcel of land in Rutherford County, State of Tennessee, described as follows, to-wit: Being Lot No. 9, EARP corner as shown by plat of record in Plat Book 31, Page 60, of the Registers Office of Rutherford County, Tennessee, to which plat reference is hereby made for a more complete and accurate description of said lot. The derivation of same being: The same being property conveyed by Deed executed by Jimmy A. Baxter and wife, Susan A. Baxter, on 2-16-2007, as recorded on 2-21-2007 at Book/Liber 715, Page/Folio 2755, in the land records of Rutherford County. Parcel Identification Number: Map 173 Parcel 026.04 Map & Parcel No.: 173-02604 PROPERTY ADDRESS: 6855 Ridley Earp Road, Christiana, Tennessee 37037 CURRENT OWNER(S): Boyd Prince and Teresa Prince SUBORDINATE LEINHOLDERS: N/A OTHER INTERESTED PARTIES: N/A All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, however, the undersigned will sell and convey only as Substitute Trustee. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property; as well as any prior liens or encumbrances as well as priority created by a fixture filing; and/or any matter that an accurate survey of the premises might disclose. If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Workforce Development are listed as Interested Parties in the advertisement, then the Notice of this foreclosure is being given to them and the sale will be subject to the applicable governmental entities` right to redeem the property, as required by 26 U.S.C § 7425 and T.C.A. § 67-1-1433. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust. The notice requirements of T.C.A. §35-5-117 were satisfied prior to the first publication of the Notice of Substitute Trustee`s Sale. Substitute Trustee reserves the right to adjourn the day of the sale to another day, time and place certain without further publication, upon announcement at the time and place for the sale set forth above. MCC TN, LCC 3525 Piedmont Road NE, Six Piedmont Center, Suite 700 Atlanta, GA 30305 (404) 373-1612 www.mccurdycandler.com File No. 12-01777 /FHA Ad Run Dates: 11/18/2012, 11/25/2012 and 12/02/2012 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Ad # 39734

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 18, 2005, executed by AMY ALLEN, JASON J. IRVINE, conveying certain real property therein described as same appears of record in the Register's Office of Rutherford County, Tennessee recorded September 12, 2005, in Deed Book 542, Page 2288-2304; 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 2005-11 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 December 13, 2012 at 02:00 PM at the courthouse door where the foreclosure sales are customarily held , located in Murfreesboro, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Rutherford County, Tennessee, to wit: BEING LOT NO. 120, SECTION VI, MCGWYN SPRINGS OF RECORD IN PLAT BOOK 15, PAGE 110, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TN, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION. BEING THE SAME PROPERTY CONVEYED TO JASON J. IRVINE, UNMARRIED, FROM JOEL LEHMAN AND GINGER LEHMAN, HUSBAND AND WIFE, BY DEED DATED 8-18-2005 AND RECORDED 9-12-05 IN INSTRUMENT NO. ____ IN THE OFFICE OF THE REGISTER OF RUTHERFORD COUNTY, TENNESSEE. BOOK 542 PAGE 2286 Parcel ID: 028K-A-85.00 PROPERTY ADDRESS: The street address of the property is believed to be 609 MASON TUCKER 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): AMY ALLEN, JASON J. IRVINE OTHER INTERESTED PARTIES: Bank of America, 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. 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 #41168: 2012-11-18  2012-11-25, 2012-12-02  

 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, 2010, executed by TINA VEITH, 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 April 12, 2010, in Deed Book 984, Page 1791-1796; 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 December 6, 2012 at 02:00 PM at the courthouse door where the foreclosure sales are customarily held , located in Murfreesboro, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Rutherford County, Tennessee, to wit: BEING LOT 4613, ON THE PLAN OF LAKE FOREST HOMES, PHASE 46, AS OF RECORD IN PLAT BOOK 27 AT PAGE 276, IN THE ROD OFFICE FOR RUTHERFORD COUNTY,TN DERIVATION: THIS BEING THE SAME PROPERTY CONVEYED TO THE GRANTOR BY SUBSTITUTE TRUSTEE`S DEED RECORDED IN BOOK 971 AT PAGE 1346, SAID REGISTER`S OFFICE. PROPERTY ADDRESS: 1218 SHANNON LANE, LAVERGNE, TN 37086 Parcel ID: 014C-B-72.00 PROPERTY ADDRESS: The street address of the property is believed to be 1218 SHANNON LANE, 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): TINA VEITH 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 #41020: 2012-11-11  2012-11-18, 2012-11-25  

NOTICE OF SUBSTITUTE TRUSTEE'S SALE TENNESSEE, RUTHERFORD COUNTY
DEFAULT having been made in the terms, conditions and payments provided in certain Deed of Trust executed by Amy Matthews and Robert J. Matthews to Glenn Balletto, Trustee dated May 18, 2010 in the amount of $180,170.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 1676816, Deed Book 992, Page 3370-3392, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to Green Planet Servicing, LLC by assignment; and, Green Planet Servicing, LLC, as the current holder of said Deed of Trust (the "Holder"), has appointed as Substitute Trustee the undersigned, , any of whom may act, by instrument filed for record in the Register's Office of Rutherford County, Tennessee with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; therefore, NOTICE is hereby given that the entire amount of said indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and the undersigned as Substitute Trustee, or a duly appointed attorney or agents by virtue of the power and authority vested by the Appointment of Substitute Trustee, will on Thursday, December 6, 2012 commencing at 12:00 PM at the east door of the Rutherford County Courthouse, Murfreesboro, Tennessee; sell to the highest bidder for cash, immediately at the close of sale, the following property to-wit: Being all of Lot No. 334, Evergreen Farms, Section VIII, according to plat and survey of same appearing of record in Plat Book 21, Page 127, of the Registers Office of Rutherford County, Tennessee, to which plat reference is hereby made for complete details as to located and description of said lot. Being the same property conveyed to Robert J. Matthews and wife, Amy Matthews by Warranty Deed from Kimberlie Bergeron Marble dated 09/12/2007 recorded 09/24/2007 in Book 785, Page 2157, Registers Office for Rutherford County, Tennessee. Parcel ID No.: 101FE-022 Map & Parcel No.: 101FE-022 PROPERTY ADDRESS: 2711 Roscommon Drive, Murfreesboro, Tennessee 37128 CURRENT OWNER(S): Robert J. Matthews and Amy Matthews SUBORDINATE LEINHOLDERS: N/A OTHER INTERESTED PARTIES: N/A All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, however, the undersigned will sell and convey only as Substitute Trustee. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property; as well as any prior liens or encumbrances as well as priority created by a fixture filing; and/or any matter that an accurate survey of the premises might disclose. If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Workforce Development are listed as Interested Parties in the advertisement, then the Notice of this foreclosure is being given to them and the sale will be subject to the applicable governmental entities` right to redeem the property, as required by 26 U.S.C § 7425 and T.C.A. § 67-1-1433. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust. The notice requirements of T.C.A. §35-5-117 were satisfied prior to the first publication of the Notice of Substitute Trustee`s Sale. Substitute Trustee reserves the right to adjourn the day of the sale to another day, time and place certain without further publication, upon announcement at the time and place for the sale set forth above. MCC TN, LCC 3525 Piedmont Road NE, Six Piedmont Center, Suite 700 Atlanta, GA 30305 (404) 373-1612 www.mccurdycandler.com File No. 11-17706 /VA Ad Run Dates: 11/11/2012, 11/18/2012 and 11/25/2012 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Ad # 41030

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, 2009, executed by DAPHNE RENA MCDONALD, conveying certain real property therein described to KERRY WEBB, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded August 11, 2009, in Deed Book 940, Page 2855; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register's Office of Rutherford County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on 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: SITUATED IN CIVIL DISTRICT NUMBER TWO (2) OF RUTHERFORD COUNTY, TENNESSEE AND WITHIN THE CORPORATE LIMITS OF LAVERGNE, TENNESSEE, AND BEING KNOWN AS LOT NO. 5216, OF THE FINAL PLAT, PHASE FIFTY TWO, LAKE FOREST ESTATES, AS THE SAME APPEARS OF RECORD IN PLAT BOOK 27, PAGE 2, REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT SPECIFIC REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. BEING THE SAME PROPERTY CONVEYED TO THE 1351 E. NIR SHREIBMAN LAND TRUST/SCOTT YOUNG, TRUSTEE BY TRUSTEES DEED, RECORDED JANUARY 6, 2009 IN BOOK 888, PAGE 2934, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. BEING THE SAME PROPERTY CONVEYED TO STEFANIE SEARCY AND HUSBAND, MARCUS SEARCY BY WARRANTY DEED, RECORDED DECEMBER 13, 2004, IN BOOK 454, PAGES 2364-2365, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. MAP-PARCEL NO. 014 GB 004.00 Parcel ID: 014G-B-004.00 PROPERTY ADDRESS: The street address of the property is believed to be 1351 E NIR SHREIBMAN BLVD, 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): DAPHNE RENA MCDONALD 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 #40166: 2012-11-04  2012-11-11, 2012-11-18  

 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 10, 2009, executed by LYNN G. HERRIN, MICHAEL D HERRIN, conveying certain real property therein described to THE TITLE SHOP, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded July 16, 2009, in Deed Book 934, Page 2894; 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 NO.2, ON THE PLAN OF WIND SONG FARMS, SECTION 1, OF RECORD IN PLAT BOOK 13, PAGE 231, REGISTERS OFFICE FOR SAID COUNTY, TO WHICH PLAN REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. BEING THE SAME PROPERTY CONVEYED TO RICHARD G. LORD AND WIFE, CINDY A. LORD, BY WARRANTY DEED, RECORDED MARCH 28, 2006 IN BOOK 605, PAGE 1588, REGISTERS OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. Parcel ID: 112 J-B-5.00 PROPERTY ADDRESS: The street address of the property is believed to be 1832 IRBY LANE, MURFREESBORO, 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): LYNN G. HERRIN, MICHAEL D HERRIN 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 #40164: 2012-11-04  2012-11-11, 2012-11-18  

 NOTICE OF SUBSTITUTE TRUSTEE`S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated September 22, 2009, executed by TERRY HAYES AKA TERRI HAYES, BRIAN HAYES, conveying certain real property therein described to Samuel F. Anderson, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded September 30, 2009, in Deed Book 950, Page 1665; 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: BEING TRACT NO.5 OF THE PROPERTY SURVEY FOR HARVEY E. HIGDON PREPARED BY ROBERT E. FRANCIS, REGISTERED LAND SURVEYOR, DATED DECEMBER 2, 1976, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET WEST OF THE CENTER LINE OF FLORENCE ROAD SAID POINT BEING APPROXIMATELY 1,116.2 FEET NORTH OF THE CENTER LINE OF MANSON PIKE, AND RUNNING THENCE NORTH 87 DEG. 22` WEST, 275.0 FEET TO A PIN; THENCE NORTH 2 DEG. 38` EAST 140.0 FEET TO A PIN; THENCE SOUTH 87 DEG. 22` EAST, 175.00 FEET TO A PIN; THENCE SOUTH 2 DEG. 38` WEST, ALONG A LINE PARALLEL TO AND 30 FEET FROM THE CENTER LINE OF FLORENCE ROAD, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.56 ACRES, MORE OR LESS. BEING THE SAME PROPERTY CONVEYED TO BRIAN HAYES AND WIFE TERRI HAYES (INCORRECTLY SPELLED TERRY ON DEED) BY DEED DATED 8/31/05 FROM THOMAS A. COOPER OF RECORD IN RECORD BOOK 554, PAGE 2158, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. Parcel ID: 78-E-A-11 PROPERTY ADDRESS: The street address of the property is believed to be 1807 FLORENCE ROAD, MURFREESBORO, TN 37129. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): TERRY HAYES AKA TERRI HAYES, BRIAN HAYES 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 #40176: 2012-11-04  2012-11-11, 2012-11-18
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