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Legal/Public Notices for 9/23/12 - Notice to Creditors, Substitute Trustee's Sales (1)


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NOTICE TO CREDITORS
Estate of Tennie Horeene Hollandsworth
Notice is hereby given that on the 14 day of September 2012, Letters Testamentary, in respect of the estate of Tennie Horeene Hollandsworth, deceased, who died July 31, 2012, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2), otherwise claims will be forever barred:
(1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this Notice if the creditor received an actual copy of the Notice to Creditors at least sixty (60) before the date of the date that is four (4) months from the date of the first publication (or posting); or
(B) Sixty (60) days from the date of the creditor received an actual copy of the Notice to Creditors, if the creditor received the copy of the Notice less than sixty (60) days prior to the date that is four (4) months from the date of the first publication (or posting) as described in (1)(A); or
(2) Twelve (12) months from the decedent’s date of death.
This 14 day of September, 2012.
Signed s/ Wanda H. Williams,  Executrix
Estate of Tennie Horeene Hollandsworth
Attorney: Jack E Gritton
Lisa Crowell, County Clerk
By: Cindy Mathis, Deputy Clerk
To be run 9/23/2012 & 9/30/2012

NOTICE TO CREDITORS
Estate of Dan D Mitchell
Notice is hereby given that on the 14 day of September 2012, Letters Testamentary, in respect of the estate of Dan D Mitchell, deceased, who died July 09, 2012, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2), otherwise claims will be forever barred:
(1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this Notice if the creditor received an actual copy of the Notice to Creditors at least sixty (60) before the date of the date that is four (4) months from the date of the first publication (or posting); or
(B) Sixty (60) days from the date of the creditor received an actual copy of the Notice to Creditors, if the creditor received the copy of the Notice less than sixty (60) days prior to the date that is four (4) months from the date of the first publication (or posting) as described in (1)(A); or
(2) Twelve (12) months from the decedent’s date of death.
This 14 day of September, 2012.
Signed s/ Barbara Mitchell, Co-Executrix
Signed s/ Dan David Mitchell, Co-Executor
Signes s/ Joseph Lee Mitchell, Co-Executor
Estate of Dan D Mitchell
Attorney: B Jo Atwood
Lisa Crowell, County Clerk
By: Sue G Cook, Deputy Clerk
To be run 9/23/2012 & 9/30/2012

NOTICE TO CREDITORS
Estate of Clifford W Bolin
Notice is hereby given that on the 11 day of September 2012, Letters of Administration, in respect of the estate of Clifford W Bolin, deceased, who died Febraury 02, 2012, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2), otherwise claims will be forever barred:
(1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this Notice if the creditor received an actual copy of the Notice to Creditors at least sixty (60) before the date of the date that is four (4) months from the date of the first publication (or posting); or
(B) Sixty (60) days from the date of the creditor received an actual copy of the Notice to Creditors, if the creditor received the copy of the Notice less than sixty (60) days prior to the date that is four (4) months from the date of the first publication (or posting) as described in (1)(A); or
(2) Twelve (12) months from the decedent’s date of death.
This 11 day of September, 2012.
Signed s/ Michael H Knowlton Pc,  Administrator
Estate of Clifford W Bolin
Attorney: Michael H Knowlton
Lisa Crowell, County Clerk
By: Sue G Cook, Deputy Clerk
To be run 9/23/2012 & 9/30/2012

NOTICE TO CREDITORS
Estate of Barbara Lynn Woodroof
Notice is hereby given that on the 11 day of September 2012, Letters Testamentary, in respect of the estate of Barbara Lynn Woodroof, deceased, who died July 19, 2012, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2), otherwise claims will be forever barred:
(1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this Notice if the creditor received an actual copy of the Notice to Creditors at least sixty (60) before the date of the date that is four (4) months from the date of the first publication (or posting); or
(B) Sixty (60) days from the date of the creditor received an actual copy of the Notice to Creditors, if the creditor received the copy of the Notice less than sixty (60) days prior to the date that is four (4) months from the date of the first publication (or posting) as described in (1)(A); or
(2) Twelve (12) months from the decedent’s date of death.
This 11 day of September, 2012.
Signed s/ Wayne Curtis Woodroof,  Executor
Estate of Barbara Lynn Woodroof
Attorney: Thomas J Haynes
Lisa Crowell, County Clerk
By: Sue G Cook, Deputy Clerk
To be run 9/23/2012 & 9/30/2012

NOTICE TO CREDITORS
Estate of Samuel Brown
Notice is hereby given that on the 7 day of September 2012, Letters of Administration, in respect of the estate of Samuel Brown, deceased, who died May 06, 2012, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2), otherwise claims will be forever barred:
(1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this Notice if the creditor received an actual copy of the Notice to Creditors at least sixty (60) before the date of the date that is four (4) months from the date of the first publication (or posting); or
(B) Sixty (60) days from the date of the creditor received an actual copy of the Notice to Creditors, if the creditor received the copy of the Notice less than sixty (60) days prior to the date that is four (4) months from the date of the first publication (or posting) as described in (1)(A); or
(2) Twelve (12) months from the decedent’s date of death.
This 7 day of September, 2012.
Signed s/ Dorthea Brown,  Administrator
Estate of Samuel Brown
Attorney: Mark S Moore
Lisa Crowell, County Clerk
By: Rick Spence, Deputy Clerk
To be run 9/16/2012 & 9/23/2012

NOTICE TO CREDITORS
Estate of Lemon D Williams
Notice is hereby given that on the 7 day of September 2012, Letters Testamentary, in respect of the estate of Lemon D Williams, deceased, who died August 07, 2012, were issued to the undersigned by the Probate Court of Rutherford County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured against the estate are required to file the same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2), otherwise claims will be forever barred:
(1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this Notice if the creditor received an actual copy of the Notice to Creditors at least sixty (60) before the date of the date that is four (4) months from the date of the first publication (or posting); or
(B) Sixty (60) days from the date of the creditor received an actual copy of the Notice to Creditors, if the creditor received the copy of the Notice less than sixty (60) days prior to the date that is four (4) months from the date of the first publication (or posting) as described in (1)(A); or
(2) Twelve (12) months from the decedent’s date of death.
This 7 day of September, 2012.
Signed s/ Dianne Marie Williams,  Executrix
Estate of Lemon D Williams
Attorney: Mark A Polk
Lisa Crowell, County Clerk
By: Sue G Cook, Deputy Clerk
To be run 9/16/2012 & 9/23/2012

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 December 18, 2008, executed by ERNEST W STEM JR, AND KATHY B STEM, HUSBAND AND WIFE AS JOINT TENANTS, 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 December 22, 2008, as Instrument No. 1597978, in Book 886, at Page 1520; 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 October 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. 42, FINAL PLAT, SECTION I, CASCADE FALLS SUBDIVISION, AS SHOWN BY PLAT APPEARING OF RECORD IN PLAT BOOK 32, PAGE 270 & 271, IN THE REGISTER'S OFFICE OF RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR MORE COMPLETE DETAILS OF SAID LOT. PARCEL# 21L C 042.00 PROPERTY ADDRESS: The street address of the property is believed to be 1206 CASCADE FALLS DR, MURFREESBORO, TN 37129-3970. 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): ERNEST W STEM JR AND KATHY B STEM 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#: 12-0057708 FEI # 1006.168440 09/23/2012, 09/30/2012, 10/07/2012

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 Charletta Sanchez and Davidson Sanchez to Tristar Title & Escrow, LLC, Trustee dated August 4, 2005 in the amount of $112,800.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 1360402, Deed Book 529, Page 2696-2714, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to US Bank National Association as Trustee for RASC 2005-KS10 by assignment; and, US Bank National Association as Trustee for RASC 2005-KS10, 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, October 18, 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. 2910, on the plan of Final Plat, Phase Twenty-Nine, Lake Forest Estates, according to plat and survey appearing of record in Plat Book 22, Page 46, of the Registers Office of Rutherford County, to which plat reference is hereby made for more complete details of location and description of said lot. Being the same property conveyed to Davidson Sanchez and wife, Charletta Sanchez, by deed from Amnon Shreibman, Trustee, dated August 4, 2005, appearing of record in Record Book 529, Page 2694 of the Registers Office of Rutherford County, Tennessee. The conveyance is made subject to Restrictive Covenants contained in instrument of record in Record Book 663, Page 153; and to any and all matters shown on said plat and survey of record in Plat Book 22, Page 46; all of said Registers Office. Parcel ID No.: 6P-C/10.00 Map & Parcel No.: 6P-C/10.00 PROPERTY ADDRESS: 942 Lavergne Lane, La Vergne, Tennessee 37086 CURRENT OWNER(S): Davidson Sanchez and Charletta Sanchez SUBORDINATE LEINHOLDERS: JPMorgan Chase Bank, N.A. fka WAMU, Crye-Leike of Nashville 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. 08-20368 /CONV Ad Run Dates: 9/23/2012, 9/30/2012, and 10/7/2012 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 # 37477

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 1, 2004, executed by JOHN E. HUTCHISON, JR., conveying certain real property therein described to Wesley D. Turner, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded March 15, 2004, in Deed Book 366, Page 1143-1158; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE GS MORTGAGE SECURITIES CORP, GSAMP TRUST 2004-AR2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004--AR2 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 October 18, 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. 47 ON THE PLAN OF HUNTERS RUN, SECTION 1, OF RECORD IN PLAT BOOK 14, PAGE 23, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. TAX I.D. #16; BEING THE SAME PROPERTY CONVEYED TO THE GRANTORS HEREIN BY DEED OF EVEN DATE BEING RECORDED SIMULTANEOUSLY HEREWITH. BEING THE SAME PROPERTY CONVEYED TO JOHN E. HUTCHISON JR. BY QUITCLAIM DEED FROM ANGELA M. HUTCHISON DATED 9-17-98 AND FILED FOR RECORD ON 9-22-98 IN BOOK 632, PAGE 815, REGISTER`S OFFICE FOR RUTHERFORD COUNTY TENNESSEE AND BEING THE SAME PROPERTY CONVEYED TO JOHN E. HUTCHISON JR. AND WIFE ANGELA M. HUTCHISON BY WARRANTY DEED FROM RONNIE V. GREGORY AND WIFE, JODY C. GREGORY DATED 10-15-96 AND FILED FOR RECORD ON 10-21-96 IN BOOK 583, PAGE 767, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. THIS CONVEYANCE IS SUBJECT TO ANY AND ALL EXISTING EASEMENTS AND RESTRICTIONS AS SHOWN OF RECORD. Parcel ID: 75-07-055L-B-016.00-055M-000 PROPERTY ADDRESS: The street address of the property is believed to be 628 PLEASANT RUN, 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): JOHN E. HUTCHISON, JR. OTHER INTERESTED PARTIES: Household Financial Center, 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. 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 #37505: 2012-09-23  2012-09-30, 2012-10-07  

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 29, 2005, executed by Emmett G. Zelenka, Vicki L. Zelenka, conveying certain real property therein described to Arnold M.Weiss, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded September 30, 2005, in Deed Book 549, Page 1386; 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 CWABS, Inc. Asset-Backed Certificates, Series 2005-13 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 October 25, 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. 158, CASON GROVE ESTATES, SECTION IV, ACCORDING TO PLAT AND SURVEY OF SAME APPEARING OF RECORD IN PLAT BOOK 12, PAGE 100, 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. BEING THE SAME PROPERTY CONVEYED TO EMMETT ZELENKA, A MARRIED PERSON BY DEED OF RECORD IN RECORD BOOK 549, PAGE 1384 OF THE SAID REGISTER`S OFFICE Parcel ID: 101L-C-051.00 PROPERTY ADDRESS: The street address of the property is believed to be 2202 Eastview 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): Emmett G. Zelenka OTHER INTERESTED PARTIES: Vicki L. Zelenka 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 #37769: 2012-09-23  2012-09-30, 2012-10-07  

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 James D. Webb to Joseph B. Pitt Jr., Trustee dated January 13, 2007 in the amount of $126,000.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 07005804 in Williamson County, re-recorded 02/02/2012 at Book 1109, Pages 2355-2376, Inst. 1764298 in Davidson County, Deed Book 4176, Page 379-399, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to GMAC Mortgage, LLC by assignment; and, GMAC Mortgage, 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, October 18, 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: Tax ID Number: 76 026.08 Land Situated in the county of Rutherford in the State of TN A certain tract or parcel of real estate located in the 4th Civil District of Rutherford County, Tennessee, more particularly described as follows: Beginning at a point in the West margin of the Almaville Road where it intersects the center line of Maxwell Creek; thence continuing along the West margin of the center line of Almaville Road in a Southerly direction 140 feet to a point in the line of General T. Sanford; thence almost due East with Sanford 357 feet to a point in T.C. Whitlocks line; thence in a Northerly direction with Whitelock 242 feet, approximately, to a point in the center of Maxwell Creek; thence Easterly with the meanders of Maxwell Creek (the center line thereof) to the point of beginning. EXCEPTING: Beginning at a point in the existing West Margin of S.R. 102, where it intersects the center line of Maxwell Creek, said point being 31 feet more or less left of proposed center line station 6+75 more or less; thence with the said existing West margin Southerly 135 feet more or less; thence with the North boundary of James I. Bowers, et ux property (Tract 3) Westerly 48 Feet more or less; thence with the proposed West margin of S.R. 102 North 05 degrees 50 minutes 24 seconds East 121 feet more or less; thence with the Southwest boundary of the William E. Sowell property (Tract5) Easterly 64 feet more or less to the point of beginning and being part of the same property conveyed to James D. Webb and Ava May Perdue Webb, husband and wife, Ava May Perdue a/k/a Ave May Perdue Webb as of record in Book 636, Page 500 Registers Office of Rutherford County, Tennessee. Commonly known as: 7133 Almaville Road, Arlington, TN 37014 Map & Parcel No.: 76/26.08 PROPERTY ADDRESS: 7198 Almaville Road, Arrington, Tennessee 37014 CURRENT OWNER(S): James D. Webb and Ava May Perdue Webb SUBORDINATE LEINHOLDERS: Discover Bank OTHER INTERESTED PARTIES: 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. 11-18571 /FHLMC Ad Run Dates: 9/23/2012, 9/30/2012, and 10/7/2012 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 # 37526
 
 
 
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