|Legal/Public Notices for 9/23/12 - Substitute Trustee's Sales (4)
|Posted: Monday, September 24, 2012 3:24 pm
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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 29, 2008, executed by WILLIAM TRACY HARGROVE, AN UNMARRIED MAN, conveying certain real property therein described to NASHVILLE TITLE as same appears of record in the Register's Office of Rutherford County, on September 10, 2008, as Instrument No. 1583904, in Book 869, at Page 1777; and see also, Scriverner's affidavit recorded 9/16/08 in Record book 870 pg 1572 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 OCTOBER 1, 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.264, SECTION IX, ENON SPRINGS, OF RECORD IN PLAT BOOK 10, PAGE 114, REGISTER'S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION. PARCEL# 027KD014.00 PROPERTY ADDRESS: The street address of the property is believed to be 227 BORDEAUX COURT, 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): WILLIAM TRACY HARGROVE 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#: 12-0054606 FEI # 1006.166435 09/09/2012, 09/16/2012, 09/23/2012
Default having been made in the terms, conditions and payments provided for by a certain Deed of Trust given to Ascend Federal Credit Union, formerly doing business as AEDC Federal Credit Union, and dated March 31, 2003, of record in Book 248, Page 2062-2077, Register’s Office, Rutherford County, Tennessee, executed by Glen Johnson (being the same person as James G. Johnson) and wife, Gay Johnson, to secure the indebtedness described, the entire sum having been declared due and payable as provided in said Deed of Trust, I, Glenn L. Cox, Substitute Trustee of record in Book 1153, Page 3801, Register’s Office of Rutherford County, Tennessee, by the virtue of the power and authority vested in me as Substitute Trustee, will sell to the highest bidder on October 31, 2012, at 10:00 a.m., at the main door of the courthouse in Murfreesboro, Rutherford County, Tennessee and further described as follows:
A parcel or tract of land situated in the City of Murfreesboro and in the 13th Civil District of Rutherford County, Tennessee, and being described as follows, to-wit:
Being a house and lot of ground known and designated as Murfreesboro City Street No. 1404 Avon Road; and Beginning at a concrete monument in the north margin of Battleground Drive at the southeast corner of Lot No. 13 Battleground Estates (unrecorded plat) and being 1635.13 feet measured eastwardly along the north margin of Battleground Drive from the east
margin of a private lane owned by John Nelson; thence N 5 deg. 05' E 200.0 feet to a concrete monument; thence S 84 deg. 55' E 145.0 feet to a stake; thence S 5 deg. 05' W 200.0 feet to a stake; thence with the north margin of Battleground Drive N 84 deg. 55' W, 145.0 feet to the beginning.
Being the same property conveyed to James G. Johnson by deed from Haoming Gu and wife, Guo-Lian Jiang, as of record in Record Book 248, Page 2060, Register’s Office for said County.
Assessor’s Parcel No. 080B-A-005.01 (R0045312); 1404 Avon Road, Murfreesboro, TN 37130.
In the event of any discrepancy between the street address and the legal description of the property, the legal description shall control.
OTHER INTERESTED PARTIES: (1) Bank of America, 100 N. Tryon Street, Charlotte, NC 28255; (2) Capital One Bank, c/o Hosto & Buchan, Attorneys at Law, PO Box 3397, Little Rock, AR 72203-3397.
This sale is subject to any and all unpaid real estate taxes, all prior deeds of trust, restrictive covenants, easements and setback lines and any and all redemption rights.
Pursuant to T.C.A. Section 35-5-117, a Notice of Right to Foreclose was forwarded to mortgagees by U.S. Mail, postage pre-paid, on January 20, 2012.
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.
Glenn L. Cox, Substitute Trustee
P.O. Box 1121, Columbia, TN 38402-1121