SUBSTITUTE TRUSTEE'S SALE
Sale at public auction will be on March 4, 2014 on or about 11:00AM local time, at the Front (East) door of the old Rutherford County Courthouse, in the center of the square, Murfreesboro, Tennessee, , conducted by the Substitute Trustee as identified and set forth herein below, pursuant to Deed of Trust executed by ELIZABETH HILLIARD, to FISHER TITLE SERVICES, LLC, Trustee, on February 25, 2005, at Record Book 476, Page 1149 in the real property records of Rutherford County Register's Office, Tennessee.
Owner of Debt: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS SUCCESSOR TRUSTEE FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2005-1 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1
The following real estate located in Rutherford County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING ALL OF LOT NO. 194, BRADFORD PLACE, FORMERLY HAMILTON GREEN SUBDIVISION OF RECORD IN PLAT BOOK 11, PAGES 132-133. R.O.R.C. AND OF RECORD IN PLAT BOOK 14, PAGE 120, REGISIER`S OFFICE FOR SAID COUNTY, TO WHICH REFERENCE IS MADE FOR A MORE CIEMPLEIC AND ACCURATE DESCRIPTION OF SAID LOT.
Parcel Number: Grp: A Ctrl Map: 068P Parcel: 03700
Current Owner(s) of Property: ELIZABETH HILLIARD
The street address of the above described property is believed to be 2410 Alexander Blvd, Murfreesboro, TN 37130, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
SALE IS SUBJECT TO OCCUPANT(S) RIGHTS IN POSSESSION.
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 TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE. IF THE SALE IS SET ASIDE FOR ANY REASON, THE PURCHASER AT THE SALE SHALL BE ENTITLED ONLY TO A RETURN OF THE DEPOSIT PAID. THE PURCHASER SHALL HAVE NO FURTHER RECOURSE AGAINST THE GRANTOR, THE GRANTEE, OR THE TRUSTEE.
OTHER INTERESTED PARTIES: BRADFORD PLACE COMMUNITY ASSOCIATION, INC., C/O ATTORNEY CHRISTOPHER L. KELLY AND BRADFORD PLACE COMMUNITY ASSOCIATION, C/O ATTORNEY JASON N. KING AND CITIFINANCIAL, INC.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
If applicable, the notice requirements of T.C.A. 35-5-117 have been met.
All right of equity of redemption, statutory and otherwise, and homestead 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.
If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor or 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.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney.
MWZM File No. 13-004577-670
JASON S. MANGRUM, J.P. SELLERS, LORI LIANE LONG, Substitute Trustee(s)
PREMIER BUILDING, SUITE 404
5217 MARYLAND WAY
BRENTWOOD, TN 37027
PHONE: (615) 238-3630
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 Charles Turner to Jonathan R. Vinson, Trustee dated December 31, 2012 in the amount of $130,591.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 1187, Page 2362-2367, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to JPMorgan Chase Bank, National Association by assignment; and, JPMorgan Chase Bank, National Association, 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, March 20, 2014 commencing at 10:00 AM at the Ramada Murfreesboro, 1855 S. Church Street, Murfreesboro, TN 37130; sell to the highest bidder for cash, immediately at the close of sale, the following property to-wit: Being all of Lot No. 49, on the Final Plat, Section II, Glenrose Meadows, as shown by plat appearing of record in Plat Book 21, Page 135, as corrected by surveyors certificate of correction of record in Deed Book 672, page 205, of the Registers 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 Charles Turner, unmarried, by deed from, Tim Nixon, unmarried, dated December 31, 2012, appearing of record in Record Book 1187, Page 2360, of the Registers Office of Rutherford County, Tennessee. This conveyance is made subject to Restrictive Covenants contained in instrument of record in Deed Book 647, page 798; Sanitary Sewer Easement retained in Deed Conveying 0.81 acres to Harold C. Lee and wife, Evelyn Lee of record in Deed Book 620, page 439; Temporary Construction/Ingress Easement of record in Deed Book 620, page 439; Surveyors Certificate of Correction in Deed Book 672, page 205; Approximate F.E.M.A. 100 Year Flood Line as depicted on plat of record; and to any and all matters shown on said plat and survey of record in Plat Book 21, page 135; all of said Registers Office. Parcel Id No.: 49H B11 Map & Parcel No.: 49H-B-011.00 PROPERTY ADDRESS: 1226 Bolton Drive, Smyrna, Tennessee 37167 CURRENT OWNER(S): Charles Turner 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. McCurdy & Candler TN, LLC 3525 Piedmont Road NE, Six Piedmont Center, Suite 700 Atlanta, GA 30305 (404) 373-1612 www.mccurdycandler.com File No. 13-04302 /FHA Ad Run Dates: 1/26/2014, 2/2/2014, and 2/9/2014 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 # 66290