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 7, 2006, executed by JEFFERY E BRATCHER, 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 July 14, 2006, as Instrument No. 1431328, in Book 642, at Page 1691; 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. 34, FINAL PLAT, SECTION II, VILLAGES @ SAVANNAH RIDGE, ACCORDING TO SURVEY AND PLAT OF SAME APPEARING OF RECORD IN PLAT BOOK 27, PAGE 188, OF THE REGISTER'S OFFICE OF RUTHERFORD COUNTY, TENESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR MORE COMPLETE DETAILS AS TO LOCATION AND DESRIPTION OF SAID LOT. PARCEL# 112N/E/34 PROPERTY ADDRESS: The street address of the property is believed to be 3327 HOPEWELL CT, MURFREESBORO, TN 37127-7164. 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): JEFFERY E BRATCHER OTHER INTERESTED PARTIES: WILLIAM WHOLES SUPPLY OF NASHVILLE, INC. The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. 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#:12-0055621 FEI#1006.170379 11/04/2012, 11/11/2012, 11/18/2012
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